EUROPEAN UNION (EU)
Introduction
The EU is the most important political body in Europe
It’s an economic and political partnership/cooperation of 27 European countries
(member states)
It can make binding decisions in many policy areas that the member states must
follow
The member states have to give up some of their sovereignty (decision-making
power) to be part of the EU
They transfer certain powers to the EU, which then sends directives (= instructions
or rules given by the EU to member countries on various policy matters) to the
member states
The EU is a supranational organization
This means that it has authority above the national government of its member
states in certain areas
Member states have transferred some of their decision-making powers to the EU,
allowing it to make binding decisions that must be followed by all members
So the EU stands above the national governments, and makes binding decisions on
certain topics that need to be followed and implemented into national law
The decisions are made by majority of the votes, so it’s way quicker than an
intergovernmental structure, where all the member states need to agree
(unanimity)
Institutions easily explained
When a country becomes a member of the EU, it must give up some of its sovereignty
(decision-making authority) over certain policy areas
This is because the EU makes binding decisions in these areas for all member
states
Decision-making in the European Union
Europe The summit (de top)
an Composition
Council o The EC is a meeting/summit that consists of the heads of state and
government (prime ministers and presidents) of the 27 member states
Role
o Although EC formally has no decision-making power, it sets the direction
and long-term priorities of EU policy
o This body determines the long-term projects of the EU
Europe The executive of the European Union
an Composition
Commi o The EC is made up of 27 commissioners, who are nominated by the
ssion member states and approved by the European Parliament
The European Commission is the only institution within the EU that
has the power to propose new laws and legislative acts
While other EU institutions, like the European Parliament and the
Council of Ministers, can debate, amend and approve these
proposals, they cannot initiate legislation themselves
Role: the Commission proposes ‘laws’ (wetsvoorstellen) based on EU policy
o However these proposals can only become actual laws if they are
approved (possibly with amendments/changes) by:
, So these 2 adopt (het wordt goedgekeurd & omgezet in EU-
wetgeving) European legislation, following a proposal by the
European Commission
They have the decision-making power (co-decision)
1) European Parliament (representatives)
2) Council of the European Union (Council of Ministers)
a. The members of the Council of Ministers depend on
the policy area being discussed. E.g. if the decision is
about agricultural policy, all agriculture ministers
from the 27 member states will meet
EU laws
EU laws come in different forms, each serving a specific purpose within the European
Union’s legislative framework
The main types of EU laws are
Regulation What? Rules that apply directly and uniformly to all EU member states (and
s it’s citizens)
How? When a regulation is passed, it automatically becomes part of the law
in all member states without needing any changes or additional laws at the
national level
Example? The General Data Protection Regulation (GDPR) applies directly to
all EU countries and sets the same data protection standards across the
entire EU
Directives What? Instructions or guidelines that set goals that member states must
achieve by a set timeframe (bit a set periode), but allow each country to
decide how to reach those goals (they can decide themselves on how they
reach the goals)
How? Each member state must create or modify its national laws to meet
the objectives set out in the directive within a specified timeframe
Example? The Renewable Energy Directive sets targets for renewable
energy usage that each country must achieve but lets each country decide
how to meet these targets
Decisions What? Specific rulings/decisions that are binding on those to whom they are
addressed, which could be EU member states, companies, or individuals
(tegen wie het gericht is)
Recomme What? Non-binding statements that express the views or suggestions of EU
ndations institutions
and How? While they do not create legal obligations/verplichtingen, they can
interpreta influence national policies and practices
tive Example? A recommendation might suggest best practices for improving
guidelines public health, which member states can choose to follow or ignore
Treaties
What? Formal agreements between states, by representatives of participating
states, however these agreements still need to be ratified/goedgekeurd by the
state (mostly the government), to be binding
o Treaties are an overarching concept, it just means a formal agreement
between states (examples: Treaty of Versailles), however we are going to
focus on treaties concerning the EU
What are treaties in context of EU?
o Foundational Agreements (are the foundation/basis): treaties are the
foundational legal documents that establish the EU and define its powers and
functions
, o Binding contracts: they are binding agreements between the member states
How?
1. Creating the EU
o The treaties lay down the constitutional framework of the EU
o They establish the EU’s institutions, outline decision-making processes, and
set out the division of competences between the EU and its member states
2. Amending and expanding
o Treaties can be amended/changed or expanded through further agreements
between member states
o Major treaty changes usually require the agreement of all member states and
often need to be ratified by national parliaments or through referenda
3. Legal authority
o Treaties have the highest legal authority in the EU
o All EU laws and policies must conform to the principles an provisions set out
in the treaties
Examples of the Key EU Treaties?
o Treaty of Rome (1957)
Established the supranational European Economic Community (EEC),
the predecessor to the EU
It’s primary aim was to create a common market among member state
(internal market: are with free movements of goods, services and
people) with the European single act in 1986
o Maastricht Treaty (1992)
Formally established the EU, it merged (brought everything together)
It’s also known as TEU (Treaty on European Union)
1) The 3 supranational European Communities (EC)
a. European Economic Community (EEC)
i. Realisation of an internal market area without internal
borders in which the free movement of goods, capital,
services & persons is guaranteed
1. Focus on economic and monetary integration
2. No competence as regards criminal law
a. However; competence to combat fraud
against the EC budget on an administrative
level
b. European Atomic Energy Community (EURATOM)
2) Intergovernmental European Political Cooperation (EPC)
o Treaty of Amsterdam (1997)
The initial Schengen agreement (1985) was an intergovernmental
agreement between 5 EC-member states to lift border controls on
persons
This was created separately from the supranational EEC (European
Economic Community)
However it shared similar goals of promoting freedom of movement
within Europe
So over time the Schengen principles became integrated into EU
(previously EEC) law by the Amsterdam Treaty
o Treaty of Lisbon (2007)
, Origin and historical development
The EU is a result of a combination of different cooperation mechanisms, both
intergovernmental and supranational in nature
The EU has a unique and complex structure, within its historical development
Three major phases can be detected
1) Three supranational European Communities, as well as intergovernmental
cooperation the European Political Cooperation
2) Pillar Structure that structure maintained the distinction between
supranational and intergovernmental cooperation
3) The reshaping of the EU toward it’s current form, the EU has now abandoned the
pillar structure
Phase 1: European Communities and European Political Cooperation (1950-1992)
Three European Communities
As said before, due to the weaknesses of the intergovernmental nature of the CoE
The 3 European communities were established
The CoE (CoE ≠ European Union) is an intergovernmental organization with the
goal of upholding human rights, democracy and the rule of law in Europe
o Founded in 1949, inspired by speech from Winston Churchill
They were thinking about how to rebuild and maintain peace on a shattered
continent, given that Europe had been at the origin of two world wars, the creation
of such a body ideal, but at the formation of the CoE, there were 2 camps at the
start
o CAMP 1 – INTERGOVERNMENTAL ORGANISATION
An organization were every member state needs to agree, so decision
will be made by unanimity
So they keep their sovereignty (decision-making power), if one
countries doesn’t want to follow a decision they can….
Beslissingen worden meestal genomen obv unanimiteit, wat
betekent dat alle betrokken landen het eens moeten zijn met de
beslissing, zonder de goedkeuring van alle landen kan er geen
bindende beslissing worden genomen
UK (Churchill) wanted this structure, to keep their sovereignty
(decision-making power-, and they won, so in the end the CoE
was intergovernmental however this is really slow
o CAMP 2 – SUPRANATIONAL
It means that the member states transfer some of their decision-
making power to an organization above (supra) the member states
This organization makes binding decisions for alle member states that
need to be implemented in the member states
Supranational is way quicker (supranationale organisaties kunnen
beslissingen nemen met een meerderheid van stemmen, wat een
belangrijk verschil is met intergoevernementele samenwerking)
Because they choice an intergovernmental structure for CoE,
there was a lot of dissatisfaction from the other European
countries, this led to the idea that we need a supranational
European structure
Because of the problems of the CoE they can’t make the
necessary quick decisions, due to bein intergovernemental
Introduction
The EU is the most important political body in Europe
It’s an economic and political partnership/cooperation of 27 European countries
(member states)
It can make binding decisions in many policy areas that the member states must
follow
The member states have to give up some of their sovereignty (decision-making
power) to be part of the EU
They transfer certain powers to the EU, which then sends directives (= instructions
or rules given by the EU to member countries on various policy matters) to the
member states
The EU is a supranational organization
This means that it has authority above the national government of its member
states in certain areas
Member states have transferred some of their decision-making powers to the EU,
allowing it to make binding decisions that must be followed by all members
So the EU stands above the national governments, and makes binding decisions on
certain topics that need to be followed and implemented into national law
The decisions are made by majority of the votes, so it’s way quicker than an
intergovernmental structure, where all the member states need to agree
(unanimity)
Institutions easily explained
When a country becomes a member of the EU, it must give up some of its sovereignty
(decision-making authority) over certain policy areas
This is because the EU makes binding decisions in these areas for all member
states
Decision-making in the European Union
Europe The summit (de top)
an Composition
Council o The EC is a meeting/summit that consists of the heads of state and
government (prime ministers and presidents) of the 27 member states
Role
o Although EC formally has no decision-making power, it sets the direction
and long-term priorities of EU policy
o This body determines the long-term projects of the EU
Europe The executive of the European Union
an Composition
Commi o The EC is made up of 27 commissioners, who are nominated by the
ssion member states and approved by the European Parliament
The European Commission is the only institution within the EU that
has the power to propose new laws and legislative acts
While other EU institutions, like the European Parliament and the
Council of Ministers, can debate, amend and approve these
proposals, they cannot initiate legislation themselves
Role: the Commission proposes ‘laws’ (wetsvoorstellen) based on EU policy
o However these proposals can only become actual laws if they are
approved (possibly with amendments/changes) by:
, So these 2 adopt (het wordt goedgekeurd & omgezet in EU-
wetgeving) European legislation, following a proposal by the
European Commission
They have the decision-making power (co-decision)
1) European Parliament (representatives)
2) Council of the European Union (Council of Ministers)
a. The members of the Council of Ministers depend on
the policy area being discussed. E.g. if the decision is
about agricultural policy, all agriculture ministers
from the 27 member states will meet
EU laws
EU laws come in different forms, each serving a specific purpose within the European
Union’s legislative framework
The main types of EU laws are
Regulation What? Rules that apply directly and uniformly to all EU member states (and
s it’s citizens)
How? When a regulation is passed, it automatically becomes part of the law
in all member states without needing any changes or additional laws at the
national level
Example? The General Data Protection Regulation (GDPR) applies directly to
all EU countries and sets the same data protection standards across the
entire EU
Directives What? Instructions or guidelines that set goals that member states must
achieve by a set timeframe (bit a set periode), but allow each country to
decide how to reach those goals (they can decide themselves on how they
reach the goals)
How? Each member state must create or modify its national laws to meet
the objectives set out in the directive within a specified timeframe
Example? The Renewable Energy Directive sets targets for renewable
energy usage that each country must achieve but lets each country decide
how to meet these targets
Decisions What? Specific rulings/decisions that are binding on those to whom they are
addressed, which could be EU member states, companies, or individuals
(tegen wie het gericht is)
Recomme What? Non-binding statements that express the views or suggestions of EU
ndations institutions
and How? While they do not create legal obligations/verplichtingen, they can
interpreta influence national policies and practices
tive Example? A recommendation might suggest best practices for improving
guidelines public health, which member states can choose to follow or ignore
Treaties
What? Formal agreements between states, by representatives of participating
states, however these agreements still need to be ratified/goedgekeurd by the
state (mostly the government), to be binding
o Treaties are an overarching concept, it just means a formal agreement
between states (examples: Treaty of Versailles), however we are going to
focus on treaties concerning the EU
What are treaties in context of EU?
o Foundational Agreements (are the foundation/basis): treaties are the
foundational legal documents that establish the EU and define its powers and
functions
, o Binding contracts: they are binding agreements between the member states
How?
1. Creating the EU
o The treaties lay down the constitutional framework of the EU
o They establish the EU’s institutions, outline decision-making processes, and
set out the division of competences between the EU and its member states
2. Amending and expanding
o Treaties can be amended/changed or expanded through further agreements
between member states
o Major treaty changes usually require the agreement of all member states and
often need to be ratified by national parliaments or through referenda
3. Legal authority
o Treaties have the highest legal authority in the EU
o All EU laws and policies must conform to the principles an provisions set out
in the treaties
Examples of the Key EU Treaties?
o Treaty of Rome (1957)
Established the supranational European Economic Community (EEC),
the predecessor to the EU
It’s primary aim was to create a common market among member state
(internal market: are with free movements of goods, services and
people) with the European single act in 1986
o Maastricht Treaty (1992)
Formally established the EU, it merged (brought everything together)
It’s also known as TEU (Treaty on European Union)
1) The 3 supranational European Communities (EC)
a. European Economic Community (EEC)
i. Realisation of an internal market area without internal
borders in which the free movement of goods, capital,
services & persons is guaranteed
1. Focus on economic and monetary integration
2. No competence as regards criminal law
a. However; competence to combat fraud
against the EC budget on an administrative
level
b. European Atomic Energy Community (EURATOM)
2) Intergovernmental European Political Cooperation (EPC)
o Treaty of Amsterdam (1997)
The initial Schengen agreement (1985) was an intergovernmental
agreement between 5 EC-member states to lift border controls on
persons
This was created separately from the supranational EEC (European
Economic Community)
However it shared similar goals of promoting freedom of movement
within Europe
So over time the Schengen principles became integrated into EU
(previously EEC) law by the Amsterdam Treaty
o Treaty of Lisbon (2007)
, Origin and historical development
The EU is a result of a combination of different cooperation mechanisms, both
intergovernmental and supranational in nature
The EU has a unique and complex structure, within its historical development
Three major phases can be detected
1) Three supranational European Communities, as well as intergovernmental
cooperation the European Political Cooperation
2) Pillar Structure that structure maintained the distinction between
supranational and intergovernmental cooperation
3) The reshaping of the EU toward it’s current form, the EU has now abandoned the
pillar structure
Phase 1: European Communities and European Political Cooperation (1950-1992)
Three European Communities
As said before, due to the weaknesses of the intergovernmental nature of the CoE
The 3 European communities were established
The CoE (CoE ≠ European Union) is an intergovernmental organization with the
goal of upholding human rights, democracy and the rule of law in Europe
o Founded in 1949, inspired by speech from Winston Churchill
They were thinking about how to rebuild and maintain peace on a shattered
continent, given that Europe had been at the origin of two world wars, the creation
of such a body ideal, but at the formation of the CoE, there were 2 camps at the
start
o CAMP 1 – INTERGOVERNMENTAL ORGANISATION
An organization were every member state needs to agree, so decision
will be made by unanimity
So they keep their sovereignty (decision-making power), if one
countries doesn’t want to follow a decision they can….
Beslissingen worden meestal genomen obv unanimiteit, wat
betekent dat alle betrokken landen het eens moeten zijn met de
beslissing, zonder de goedkeuring van alle landen kan er geen
bindende beslissing worden genomen
UK (Churchill) wanted this structure, to keep their sovereignty
(decision-making power-, and they won, so in the end the CoE
was intergovernmental however this is really slow
o CAMP 2 – SUPRANATIONAL
It means that the member states transfer some of their decision-
making power to an organization above (supra) the member states
This organization makes binding decisions for alle member states that
need to be implemented in the member states
Supranational is way quicker (supranationale organisaties kunnen
beslissingen nemen met een meerderheid van stemmen, wat een
belangrijk verschil is met intergoevernementele samenwerking)
Because they choice an intergovernmental structure for CoE,
there was a lot of dissatisfaction from the other European
countries, this led to the idea that we need a supranational
European structure
Because of the problems of the CoE they can’t make the
necessary quick decisions, due to bein intergovernemental
