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European law week 1Evolution of EU law
- Establishment of the European coal and steal community (ECSC)
Why this organisation was formed, what it main features were.
- Evolution of the EU law
History of the EU treaties (TEU and TFEU)
Geographic expansion of the EU
Treaty> vweu en veu (changes)
European coal and steel community
Origins
- 1952 formed (expired in 2002)
- Because of preventing more war and rise of nationalism, now its more about
economics.
> don’t look at ehrm cuz that’s not part of EU-law
- Supernational in nature (organisation where countries/governments give
power away to the organisation itself)
- There were 6 founders
- Coal and steel because that’s powerful to have in order for no more wars
caused by Germany, cuz Germany is also part of the organisation. Rober
shuman was founder.
Main features
- Blueprint for current EU
- High authority and European court of justice, counsel of ministers
(intergovernmental)
- 5 features that stand out:
1. Supranational (instead of intergovernmental)
2. limited in scope/area, only coal and steel (other organisations were way to
big of a reach for countries)
3. Means by which the organisation thought to reach collaboration, trade
liberalization (based on trade) important to France, cuz they wanted German
coal > free market
4. treaty obligations applied to its member states and also individuals
5. Centre-right political initiative
The evolution of EU law
- Coal and steel is now EU union
- Most important sources of eu law:
> treaty on European union (TEU)
origins> treaty of Maastricht 1993
> treaty and function of the European union (TFEU)
origins> treaty of Rome 1958 (EEC treaty)
> charter of fundamental rights (since 2009, treaty of Lisbon)
1
,Four themes in the history of eu integration
1. The power of the EU institutions VS member states (supranational)
2. Democratic legitimacy towards burgers
3. Economic and non-economic objectives (now also criminal law)
4. Geographic expansion. (more countries)
1958 treaty of Rome
- Foundational treaty (established the European economic community, EU
commission, ministers, court of justice, eu Parlement)
- Economic orientation (creating a common market, 4 freethems, much bigger
than just steel and coal)
1986 Stuttgart single European act (SEA)
- Changed orientation of the EU economic community. (EEC)
- Protection, expands collaboration in other areas like environmental
- EP bigger role and supranational decision-making
1992 treaty of Maastricht
- expands collaboration in other areas (but this time about foreign policy,
migration)
- creating the ‘pillar structure’ > scheiden van wat de eu doet in pillars, 2 were
intergovernmental and only 1 was supranational
- EP bigger role and supranational decision-making
- establishes the European union
2009 treaty of Lisbon
- end of pillar structure
- expansion of the role of the EP
- expansion of supranational decision-making (exception CFSP)
Geographic expansion
First there were 6, then Greece joined, then Spain and Portugal, Sweden and
Finland, Austria,
in 2004 10 joined de EU, eastern-Europe especially
In 2007 Romania and Bulgaria
in 2013 Croatia joined
2
,Development of the EU: Chapter 2 by Paul Craig from Barnard and
Peers (eds.): European Union Law 3rd edn;
Nationalism and the origins of the EU
17th century > William Penn called for a European parliament
18th/19th century > a powerful factor in the unification process in both countries
(Germany an Italy) was the search in nationalist sentiment which resonated in
politics philosophy and literature
19th century> France dominance of Europe (Nationalist sentiment)
positive > attainment of unified states from this parade principle, and he combined
with the desire to be rid of foreign control
negative > end of the 19th century, it was driven in part by economic imperative's but
in part also by the desire to assert the prominence of a particular national identity.
WW1 and WW11
The first and Second World wars brought the clash of nation states to very forefront
of the European stage, made yet worse by increased capacity for death and
destruction resulting from technology advances in weaponry
There had to be a way of organising international affairs so at least to reduce if not
stop the possibility of such national conflict recurring on this scale : founding of
United Nations in 1945.
The founding of the EEC (Economic European Community) was another response to
the horrors of the two world wars
Cooperation in defence was furthered by the creation of the North Atlantic treaty
organisation (NATO) and the western European union
The statue on the Council of Europe was signed in 1949 , providing for committee
of ministers and a parliamentary assembly. Known for European convention on
human rights (ECHR)
From ECSC to EEC
A proposal by the French foreign minister that France and Germany should
administrator coal and steal resources pursuesent to an international agreement in
which supervisory authority was given to a body termed in high authority
The detailed plan was drafted by Jean monnet
The focus on coal and steel was import economic but also in large part political
The European coal and steel community treaty was signed in 1951 by
France ,Germany ,Italy ,Belgium ,The Netherlands and Luxembourg
The high authority composed of nine independent appointees of the 6-member state
governments .
3
,There also were other institutions as: (apart from the high autorethy)
- an assembly (national parliaments delegated had supervisory an advisory
powers )
- a council (representatives from each national governments and had limited
decision making powers and a consultative role )
- and the Court of Justice composed of nine judges
The idea behind the European coal and steel community was always to be
supranational soda without unanimity decisions could still be made
European defence community and European political community
The Proposal for EDC had its origins in a French opposition to German membership
of NATO , it would have a European army (To provide a common European foreign
policy) a common budget and joined institutions.
The EDC treaty was signed by the six Coal and steel members but Britain refused to
sign
The beginning of the EPC consisted of produced far reaching plans for a federal,
parliament, which one chamber elected by direct universal suffrage, and the other
type of body being appointed by national parliaments.
The reaction of six foreign ministers of the ECSC was that there was too
much parliamentary power under the draft of the EPC statute
the EDC failed when a French national assembly refused to ratify.
European Economic Community: EEC
the failure of the EDC and EPC didn't stop the movement towards European
integration instead it costed to focus more directly on the economic rather than the
political.
The Netherlands had sought to include in the EPC proposals the idea of a common
market in which products would be able to move freely under the guarantee of a
supranational authority. They agreed on the idea of common market (not the
supranational thing)
This was the basic plan for what became the European Atomic Energy community
(Euratom) and the EEC the initial focus was nonetheless economic.
The Treaty of Rome was a mixture of continuity with the past in terms of institutional
ordering under the ECSC, combined with novel arrangement device for the EEC
(legal framework for the EEC)
In economic terms the idea of a common market connotes the removal of barriers to
trade which increases the cost of imports who quotas which limit the number of
imports of a certain type of product
It also introduced the: The four freedoms are often regarded as the core of its
economic constitution: free movement of goods, workers, capital and establishment
and the provision of services.
4
,The EEC also had four institutions, And the parliament and the Court of Justice or
even shared within the ECSC and the EEC
But it had a different Council of Ministers and a different Executive authority
From ECC to the single European acts
tensions within the community
In 1965 the merger treaty was signed, which merged the executive organs of ECSC,
euratom and the EEC so that the three communities now shared all four institutions.
After the merger treaty there was a lack of other treaty amendments until the single
European act in 1986
Other important highlights before the single European act
- Britain’s application for membership was accepted together with those of Ireland
and Denmark in 1973
- There were some issues between the intergovernmental fear and supranational
view on the community
the intergovernmental view> was combined by presidents of France ,who
considered the state as paramount
these supranational view> was exposed by the Commission president who
believed the overall community good was perceived as the primary objective, even in
this required sacrifice with particulare member states
The tention started in 1965, the president of France objected to a Commission
proposal that the community should be able to rise its own resources from
agricultural (landbouw) levies an external tariffs (externe tarieven) Rather than
national contributions.
Compromise by the council proved to be impossible. France refused to attend further
council meetings an adopt table became known as the empty chair policy .
This lasted for seven months and resulted in agreement to disagree over voting
methods in the council .
The French argued that even in cases where the treaty provided for majority decision
making decisions must continue until unanimity was reached whenever important
national interests were at stake .
The other five member states declared that in such circumstances the council would
‘’endeavour’’ with a reasonable time to reach solutions which can be adopted by all
In 1974 The European Council was established to make the practise of holding
summit's. this body consists of the heads of governments after members states with
the president of the Commission attending its biannual meetings.
The European Council was not within the framework created by the treaties and
therefore it was not until the SEA that it was recognised in a formal instruments
5
,Single European act: SEA
It came to effect in 1987.
It was the 1st substantial revision (herziening) of the original EEC treaty and contains
a number of important provisions both amending the original treaties and also laying
down proficients for political cooperation between the member states.
Changes the SEA made In institutional terms:
1. It gave a legal base to the European political cooperation and formal recognition to
the European Council
2. A court of 1st instance (Rb. Eerste aanleg) was created to assist the Court of
Justice
3. The comitology procedure was firmly included within what was article 202 EC. this
procedure unabled the council to delegate powers to the Commission on certain
conditions
The most significant institutional change was that the sea began the transformation
in the role of the European Parliament that continues to the present day.
As discussed before the European parliament's role was minimal , > only a right to
be consulted.
With the SEA, a new legislative procedure was created: the cooperation procedure
, which applied to a defined list of treaty articles. the creation of the cooperation
procedure was to transform the community decision making process. (now art 114
TFEU)
Before this change the legislative procedure was held by the idea that the
Commission proposed and council disposes. The SEA changed this : the
Commission now had to take the views of the European Parliament serious in the
areas where the cooperation procedure applied.
From sea to the nice treaty
Maastricht treaty: the Treaty on European Union
The SEA reinvigorated (nieuw leven in geblazen) the community and aimed at the
completion (voltooing) of the internal market
The momentum caused by the SEA led to the adoption of the treaty on European
Union (TEU) which was signed by the member states in Maastricht in 1992
The three-pillar system
The TEU introduced among other important changes the three pillar structure for
what was to become the European Union
- pillar 1: The community pillar / The European community treaty (EC; former EEC
treaty)
- pillar 2: The common foreign and security policy (CFSP)
- pillar 3: the justice and Home Affairs (JHA)
The EU was given new responsibilities in relation to the last two pillars. decision
making regarding topics falling under these pillars was far more intergovernmental
than supranational.
This treaty introduced the legal framework for economic and monetary union.
6
,The latest involvement was the idea of the single currency overseen by a European
Central Bank this waiter is control over national fiscal and budgetary policy with the
basic aim of ensuring that a member state does not spend more than it earns
The problem with this was that the EU control over national budgetary policy was
relatively weak and so it was unable to exert the receipt control over national
economic policy
The community treaties
The Maastricht treaty made a number of institutional changes (process). The most
significant was the further increase in a parliament’s legislative involvement by
introducing the so called co-decision procedure. (Which was amended and
strengthened by the Treaty of Amsterdam)
Legislation that was subject to this procedure could be blocked by European
Parliament. The parliament was Additionally given the right to:
1. Request the Commission to initiate legislation
2. The power to block the appointment of the new Commission
The treaty also made substantive changes (inhoudelijk): it established for example
the principle of subsidiarity ( The question whether action should be taken at
community or national level ) and of European citizenship
Common foreign and security policy
The CFSP Pillar was distinct (te onderscheiden) from the community institutional and
legal structure.
Decision making was more intergovernmental and less supernational than under
the community pillar.
The CFSP pillar established the objectives of EU action in this area, which included
preservation of peace and International Security, respect for human rights and
development of democracy. Each member state had an application to inform and
consult each other on any matter of common foreign and security policy that was of
general interest.
Justice and Home Affairs
The JHA Pillar originally govern policies such as asylum, immigration and 3rd
country (non EU) national's , which were integrated into the EC treaty by the Treaty
of Amsterdam.
Treaty of Amsterdam
There was an agreement on the European economic area (EEA) made between the
EC and the states there were party to the European free trade Association (EFTA)
and came into force in 1994.
7
,the Treaty of Amsterdam was signed in 1997 and came into effect on May 1st 1999
The Treaty of Amsterdam was a modest exercise in treaty reform, but it did delete
older provisions from the EC (European commission) treaty and renumbered all the
articles, titles and sections of the TEU and EC treaty.
Its main purpose were to improve processes and increase and bring the EU closer to
the ordinary person by making it more comprehensible.
The Treaty of Amsterdam was designed to enhance the EU's legitimacy
It also declared that the EU should respect the fundamental rights protected in the
ECHR and in national constitutions. Also there had to be more transparency in the
decision-making process of the EU.
Another provision was that if the council found a serious and persistent breach by
a member state of principles considering the rule of law, human rights and
democracy, it could suspend some of that states right under the treaty
Main changes the Treaty of Amsterdam made:
- new numbering of treaty articles
- greater use of the co-decision legislative procedure, giving the European
Parliament more power
- the third pillar to be renamed police and judicial cooperation in criminal
matters with consequential changes to pillar content ‘’common action ‘’ in the
three areas: police cooperation in criminal matters, and the revision and
combating of racism / xenophobia
- institutional changes largely in preparation for enlargement through possible
future accession of Eastern Europe countries
The Treaty of nice
The Treaty of nice concluded in 2000s was enacted with the aim of facilitating,
largely through institutional reform, further enlargement of the EU.
the Treaty of nice made a number of changes to the EC treaty, particularly relating to
the communities institutional structure
This was necessary Because the number of member states had expanded to 15 .
the provisions concerning the weighting of votes in the council, the distribution of
seats in the European Parliament and decomposition of the Commission were
amended
Charter of rights
The charter came about because the European Council believed it was important in
itself and as a mechanism for enhancing the legitimacy of the EU.
It established a body: names ‘the convention’ which included national parliaments,
8
, EU parliamentarians and national government representatives to draft a charter of
fundamental rights for the EU.
The decision on its legal status was postponed until 2004 Even though it's was given
political approvement in 2000, It was not concluded in the Treaty of nice even tho
that was the initial idea
From nice to Lisbon
The laeken declaration
The idea behind this declaration was that it would consider issues address but not
resolved in a discussion leading to the Treaty of nice (issues post nice)
The European Council, which met in Laeken, adopted a declaration on the future of
the European Union (or Laeken declaration) on December 15 2001 , committing the
union to become more Democratic, transparent and effective.
This declaration formally embraced the convention (overeenkomst) model which had
been used to draft up the charter of rights and established a convention on the future
of Europe , with a composition designed to enhance the legitimacy of its results.
Constitutional treaty
The convention was composed of representatives from national governments
national parliaments the European Parliament and the Commission the accession
countries were also represented
In 2003 the convention on the future of Europe produced a draft treaty establishing a
‘constitution for Europe’ this draft treaty was signed by all member states and
candidate countries in 2004.
However before the treaty could enter into force, it had to be ratified by the national
parliaments of all member states.
France and the Netherlands rejected the text of the constitution after referenda in
their countries, so the European Council put ratification of the treaty on hold for a
‘period of reflection’
The constitutional treaty never recovered from the negative votes in France and NL
and it never become law .
However the Lisbon Treaty drew very heavily on the constitutional treaty and a
received a majority and major changes in the Lisbon Treaty ratified in 2009 were
taken over from the constitutional treaty without further debate.
The Lisbon Treaty
The Legal ordering was not established by the constitutional treaty. This was even
stronger when the EU consistent up 27 members in 2007. this resulted in the Lisbon
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