Chapter 1: Introduction
lOMoARcPSD|31863992
Summary European law
1. The significance of EU law
The membership of the United Kingdom in the European Union ended on 31 January 2020
after forty-seven years. However, this does not mean that the importance of European
Union law for lawyers and students in the United Kingdom has disappeared. Between
1973 and 2020, European Union law formed an integral part of domestic UK law and has
left a lasting influence. On leaving the European Union, the United Kingdom incorporated
all existing European Union law into its own legal order as domestic UK law. As a result,
knowledge of European Union law continues to have clear value for any UK lawyer.
Relations between the United Kingdom and the European Union are now regulated by the
Trade and Cooperation Agreement, which contains important rules on trade, citizens’
rights and many other matters. For lawyers and students in other Member States,
European Union law remains a central and indispensable source of law. Knowledge of
European Union law is also essential for businesses outside the European Union, as
traders seeking access to the Union’s international market must comply with European
Union product standards.
2. The aims of this book
Because of the continuing significance of European Union law, it is vital that students of
law develop a solid understanding of its principles. Although European Union law has
existed for just over sixty-five years, it has been developed with a clear purpose and
structure. This means that the subject becomes far more manageable when it is
approached in a logical and incremental way.
3. Your approach to studying EU law
The relationship between some Member States and the European Union has often been
the subject of intense political debate. As a result, many students find it difficult to begin
the study of European Union law with an open mind. Maintaining an objective approach is
an essential prerequisite for studying the subject successfully. Being willing to question
assumptions, to read carefully, and to work methodically is important for achieving a good
understanding.
4. Finding sources on EU law
There is a wealth of information available on European Union law. The value of reading
primary sources, such as treaties, legislation and case law, is often underestimated by
students who are new to the study of law. The institutions of the European Union produce
an enormous amount of material on every aspect of the Union’s activities, and all of it is
freely available online. Making use of these sources is essential for developing a strong
understanding of the subject.
1
,5. Beginning your studies
a. Coping with terminology
Lawyers frequently use specialised terminology as shorthand, so it is important for students
to become familiar with the vocabulary used in European Union law. Knowing the
terminology will make the subject far easier to understand.
b. EEC, EC, or EU ?
European Economic Community (EEC)
European Community (EC)
European Union (EU)
195 EEC created by the Treaty of Rome
7
199 EEC becomes known as the EC following the enactment of the Treaty on
3 European Union (Maastricht Treaty)
201 EC becomes known as the EU following the enactment of changes
0 introduced by the Treaty of Lisbon
The European Economic Community was created by the Treaty of Rome in 1957. In 1993,
following the Maastricht Treaty (the Treaty on European Union), the European Economic
Community became known as the European Community. In 2010, after the Treaty of Lisbon,
the European Community became known simply as the European Union.
It is important to recognise that the European Community was only one part of the
European Union’s structure at the time. The European Community was part of the European
Union, but the European Community was not the same as the European Union. Today, the
terms European Economic Community and European Community are used only in a
historical context. In the present day, everything is referred to as European Union law.
c. Dealing with case names
Many European Union law cases have informal or shortened names, and these are normally
acceptable to use in examinations. An example is the case commonly known as Danfoss.
Becoming familiar with these names helps make case law far easier to manage.
d. Make sure you know where you are going
It is not enough simply to know that you will be studying law. You must also understand the
structure and content of your programme. A module guide or handbook will normally
explain what you will study and how it will be assessed. Reviewing this information ensures
you understand the expectations and can prepare effectively.
Scheme p6
2
,Chapter 2 : The creation of a European Union
1. The European Communities
WOII was the catalyst which set in motion events that led to the creation of the EU
The European states had been supported by USA which saw co-operation between Western
European countries as a means of countering perceived Russian threats to Eastern Europe,
and which resulted in examples of US and European co-operation SA NATO (North Atlantic
Treaty Organisation)
Iron Curtain:
After 1945, Europe became divided between the democratic West and the communist East.
This “Iron Curtain” increased tensions with the Soviet Union and marked the beginning of
the Cold War. The growing threat from the East encouraged Western European countries to
unite more closely, leading to cooperation structures such as NATO and later the early forms
of European integration.
a. The council of Europe
1947 creation of the Council of Europe
Adopted European Convention on Human Rights (ECHR) and established the European Court
of Human Rights (ECtHR) (= seperate from now European Union)
Council failed to deliver the economic regeneration Europe needed
3
, b. The first European Community : the European Coal and
steel Community (ECSC)
An alternative plan for European cooperation was put forward by French economist Jean
Monnet and later adopted by Foreign Minister Robert Schuman. Their proposal followed a
functionalist approach, aiming to integrate the French and German coal and steel industries.
By pooling these key sectors, the plan sought to bind the two countries together, stabilise
relations, and prevent any possibility of secret rearmament.
The initiative was open to other European states, and in 1951 the European Coal and Steel
Community (ECSC) was formally established through the Treaty of Paris. The founding
members were France, Germany, Italy, Belgium, Luxembourg, and the Netherlands.
To manage the coal and steel market, the treaty created four independent bodies—often
seen as the forerunners of today’s EU institutions:
The High Authority
The Assembly
The Council
The Court of Justice (ECJ)
The ECSC was supranational, meaning that member states transferred a degree of sovereign
power to these new institutions.
The Preamble to the Treaty of Paris emphasised that this economic community would serve
as a foundation for a broader and deeper union, helping overcome the divisions caused by
past conflicts and guiding Europe toward a shared future.
c. Failed moves towards European Defence and Political
Communities
Plans for this, no agreement, not until 1956 that a way forward towards further economic
integration was found.
Report published detailing plans for a further 2 Communities - The European Atomic Energy
Community (EURATOM) - The European Economic Community (EEC)
d. The European Atomic Energy Community (EURATOM)
The EURATOM Treaty was signed in Rome on 25 March 1957 by the same six countries that
were already part of the ECSC.
Its goal was to develop the use of atomic energy for peaceful purposes and to ensure
uniform safety standards among the member states.
EURATOM shared some institutions with the ECSC, such as the Assembly and the European
Court of Justice (ECJ).
Together with the EEC, it contributed to the development of the European Economic
Community.
4
lOMoARcPSD|31863992
Summary European law
1. The significance of EU law
The membership of the United Kingdom in the European Union ended on 31 January 2020
after forty-seven years. However, this does not mean that the importance of European
Union law for lawyers and students in the United Kingdom has disappeared. Between
1973 and 2020, European Union law formed an integral part of domestic UK law and has
left a lasting influence. On leaving the European Union, the United Kingdom incorporated
all existing European Union law into its own legal order as domestic UK law. As a result,
knowledge of European Union law continues to have clear value for any UK lawyer.
Relations between the United Kingdom and the European Union are now regulated by the
Trade and Cooperation Agreement, which contains important rules on trade, citizens’
rights and many other matters. For lawyers and students in other Member States,
European Union law remains a central and indispensable source of law. Knowledge of
European Union law is also essential for businesses outside the European Union, as
traders seeking access to the Union’s international market must comply with European
Union product standards.
2. The aims of this book
Because of the continuing significance of European Union law, it is vital that students of
law develop a solid understanding of its principles. Although European Union law has
existed for just over sixty-five years, it has been developed with a clear purpose and
structure. This means that the subject becomes far more manageable when it is
approached in a logical and incremental way.
3. Your approach to studying EU law
The relationship between some Member States and the European Union has often been
the subject of intense political debate. As a result, many students find it difficult to begin
the study of European Union law with an open mind. Maintaining an objective approach is
an essential prerequisite for studying the subject successfully. Being willing to question
assumptions, to read carefully, and to work methodically is important for achieving a good
understanding.
4. Finding sources on EU law
There is a wealth of information available on European Union law. The value of reading
primary sources, such as treaties, legislation and case law, is often underestimated by
students who are new to the study of law. The institutions of the European Union produce
an enormous amount of material on every aspect of the Union’s activities, and all of it is
freely available online. Making use of these sources is essential for developing a strong
understanding of the subject.
1
,5. Beginning your studies
a. Coping with terminology
Lawyers frequently use specialised terminology as shorthand, so it is important for students
to become familiar with the vocabulary used in European Union law. Knowing the
terminology will make the subject far easier to understand.
b. EEC, EC, or EU ?
European Economic Community (EEC)
European Community (EC)
European Union (EU)
195 EEC created by the Treaty of Rome
7
199 EEC becomes known as the EC following the enactment of the Treaty on
3 European Union (Maastricht Treaty)
201 EC becomes known as the EU following the enactment of changes
0 introduced by the Treaty of Lisbon
The European Economic Community was created by the Treaty of Rome in 1957. In 1993,
following the Maastricht Treaty (the Treaty on European Union), the European Economic
Community became known as the European Community. In 2010, after the Treaty of Lisbon,
the European Community became known simply as the European Union.
It is important to recognise that the European Community was only one part of the
European Union’s structure at the time. The European Community was part of the European
Union, but the European Community was not the same as the European Union. Today, the
terms European Economic Community and European Community are used only in a
historical context. In the present day, everything is referred to as European Union law.
c. Dealing with case names
Many European Union law cases have informal or shortened names, and these are normally
acceptable to use in examinations. An example is the case commonly known as Danfoss.
Becoming familiar with these names helps make case law far easier to manage.
d. Make sure you know where you are going
It is not enough simply to know that you will be studying law. You must also understand the
structure and content of your programme. A module guide or handbook will normally
explain what you will study and how it will be assessed. Reviewing this information ensures
you understand the expectations and can prepare effectively.
Scheme p6
2
,Chapter 2 : The creation of a European Union
1. The European Communities
WOII was the catalyst which set in motion events that led to the creation of the EU
The European states had been supported by USA which saw co-operation between Western
European countries as a means of countering perceived Russian threats to Eastern Europe,
and which resulted in examples of US and European co-operation SA NATO (North Atlantic
Treaty Organisation)
Iron Curtain:
After 1945, Europe became divided between the democratic West and the communist East.
This “Iron Curtain” increased tensions with the Soviet Union and marked the beginning of
the Cold War. The growing threat from the East encouraged Western European countries to
unite more closely, leading to cooperation structures such as NATO and later the early forms
of European integration.
a. The council of Europe
1947 creation of the Council of Europe
Adopted European Convention on Human Rights (ECHR) and established the European Court
of Human Rights (ECtHR) (= seperate from now European Union)
Council failed to deliver the economic regeneration Europe needed
3
, b. The first European Community : the European Coal and
steel Community (ECSC)
An alternative plan for European cooperation was put forward by French economist Jean
Monnet and later adopted by Foreign Minister Robert Schuman. Their proposal followed a
functionalist approach, aiming to integrate the French and German coal and steel industries.
By pooling these key sectors, the plan sought to bind the two countries together, stabilise
relations, and prevent any possibility of secret rearmament.
The initiative was open to other European states, and in 1951 the European Coal and Steel
Community (ECSC) was formally established through the Treaty of Paris. The founding
members were France, Germany, Italy, Belgium, Luxembourg, and the Netherlands.
To manage the coal and steel market, the treaty created four independent bodies—often
seen as the forerunners of today’s EU institutions:
The High Authority
The Assembly
The Council
The Court of Justice (ECJ)
The ECSC was supranational, meaning that member states transferred a degree of sovereign
power to these new institutions.
The Preamble to the Treaty of Paris emphasised that this economic community would serve
as a foundation for a broader and deeper union, helping overcome the divisions caused by
past conflicts and guiding Europe toward a shared future.
c. Failed moves towards European Defence and Political
Communities
Plans for this, no agreement, not until 1956 that a way forward towards further economic
integration was found.
Report published detailing plans for a further 2 Communities - The European Atomic Energy
Community (EURATOM) - The European Economic Community (EEC)
d. The European Atomic Energy Community (EURATOM)
The EURATOM Treaty was signed in Rome on 25 March 1957 by the same six countries that
were already part of the ECSC.
Its goal was to develop the use of atomic energy for peaceful purposes and to ensure
uniform safety standards among the member states.
EURATOM shared some institutions with the ECSC, such as the Assembly and the European
Court of Justice (ECJ).
Together with the EEC, it contributed to the development of the European Economic
Community.
4
