1 Introduction
January 31, 2020 United Kingdom’s membership to the European Union (EU)
ended after 47 years.
Pending its departure from the Union, the UK adopted all existing EU law into
its own legal order as domestic UK law, making knowledge of Union law of
clear added value to the UK lawyer.
Relations between the EU and UK are now governed by the extensive Trade and
Cooperation Agreement (TCA).
The European Economic Community (EEC) is created by the Treaty of Rome
(1957).
The EEC becomes known as the European Community (EC) following the
enactment of the Treaty on European Union also known as the Maastricht Treaty
(1993).
The EC becomes known as the European Union (EU) following the enactment of
changes introduced by the Treaty of Lisbon (2010).
Council of Europe:
Founding member states
Subsequent member states
Former member states
46 Member States.
Primary sources:
- European Convention of Human Rights
(ECHR)
- European Social Charter (ESC)
Judicial body:
- European Court of Human Rights
(ECtHR) in Strasbourg
- European Committee of Social Rights (ECSR) in Strasbourg
European Union:
Current members
Candidates negotiating
Candidates
Applicants
Candidates with frozen negotiations
27 Member States.
Primary sources:
- Treaty on the European Union (TEU)
- Treaty on the Function of the European
Union (TFEU)
Judicial body:
- Court of Justice of the European Union (CJEU) in Luxembourg
EU law is a source of law – national law.
Pagina 1 van 80
,2 The creation of a European Union
I. THE EUROPEAN COMMUNITIES
1. The council of Europe
Co-operation between European Governments led to the creation of the Council
of Europe, an intergovernmental organisation which adopted the European
Convention on Human Rights (ECHR) and established the European Court of
Human Rights (ECtHR).
2. The first European Community: the European Coal and Steel
Community (ECSC)
An alternative plan for European co-operation based on economic co-operation In
Europe was proposed by the French economist Jean Monnet and taken up by
Robert Schuman, the then French Foreign Minister.
Took a functionalist approach of the French and German coal and steel
industries, as a means of binding and stabilising the relationship between the 2
countries.
The Schuman plan allowed these 2 industries (coal and steel) to be closely
monitored by an independent organisation, ensuring that Member Stated did not
have the capability to secretly re-arm.
An invitation to participate was proffered to other European countries and the
ECSC was finally created by the signing of the Treaty of Parin (1951 – expired July
2002).
Membership of 6:
- France
- Germany
- Italy
- Belgium
- Luxembourg
- Netherlands
4 independent bodies – known as the EU Institutions – were created to run the
ECSC.
The power to supervise and organize the coal and steel industries was moved
from the individual States to these new Institutions comprising the High
Authority, the Assembly, the Council and the Court of Justice (ECJ)
It should not be forgotten that the contracting States saw such co-operation as a
means to ensuring the longer-term aim of maintaining European peace and unity
in the Community.
Can be proven by looking at the Preamble to the Treaty of Paris.
Provided that the establishment of an economic community was a ‘basis for
a broader and deeper community among peoples long divided by bloody
conflicts and to lay the foundations for Institutions which will give direction
to a destiny henceforward shared’.
Pagina 2 van 80
,3. Failed moves towards European Defence and Political
Communities
Following the creation of the ECSC, further attempts at integration between
European States were made, with plans being drawn up for a European Defence
Community and European Political Community, involving the creation of a
European army and a common European foreign policy.
It was not until 1956 that a way forward towards further economic integration
was found.
A report was published by an intergovernmental committee chaired by Paul-Henri
Spaak, then Belgian Foreign Minister, detailing plans for a further 2 Communities
European Atomic Energy Community (EURATOM) & European Economic
Community (EEC).
4. The European Atomic Energy Community (EURATOM)
The EURATOM Treaty was signed in Rome on March 25, 1957, by the same 6 countries
which made up the ECSC.
The object of this new Community was the furtherance of atomic energy for
peaceful purposes, together with a commitment to ensure uniform safety
standards.
The control of the State’s atomic industries was passes to 4 autonomous
Institutions, with the Assembly and the ECJ being common to both the ECSC and
the EURATOM.
5. The European Economic Community (EEC)
The EEC was born as a result of the Spaak Report and the treaty established the
EEC – the EEC Treaty – was signed in Rome by the same 6 contracting States, on
the same day as the EURATOM Treaty.
Both the ECSC and EURATOM were limited in their scope, being functionalist in
that they had as their aims the creation of a common market in coal and steel
and in atomic energy, respectively.
The EEC was created with the task of progressively working towards the
integration of all aspects of the economies of its States, rather than focusing on
the integration of 1 or 2 specific industries.
Preamble to the EEC Treaty continued to make it clear that the longer-term goals
were wider, including a determination to ‘lay the foundations of an ever closer
union among the peoples of Europe’.
It is important to emphasis that the creation of the EEC meant that power to take
decisions on behalf of the Member States was limited to specific, agreed areas
only, the most significant of which was in areas related to the creation of a
common market.
II. THE DEVELOPMENT OF THE EUROPEAN ECONOMIC
COMMUNITY (EEC)
The term ‘European Communities’ is used to denote all 3 Communities ECSC,
EURATOM and EEC.
1. The Merger Treaty 1965
Pagina 3 van 80
, An important milestone as it was the first amendment to the Treaties of Paris and
Rome.
Purpose to merge the Institutions of all 3 Communities, creating 1 common
Council of Ministers and 1 common Commission formerly known as the High
Authority.
2. The Luxembourg Accords 1986
1965 France refused to attend Council of Ministers meetings due to
disagreement over the use of majority voting when taking decisions resolved
in 1966 agreed that unanimous voting could be used where ‘very important
matters were at stake’.
No legal status but gave States the right of veto in some matters.
3. The Single European Act 1986
The Single European Act (SEA) was the first substantial revision of the original
EEC Treaty.
EEC progress integrating Member State economies had slowed to near-
stagnation SEA can be seen as a response to this problem.
In an attempt to speed up progress towards economic integration, the SEA set a
target date by which time a ‘single market’ was to be achieved = December 31,
1992.
It was realized that the creation of a single market would require creating many
new common rules and significant legislative activity.
To balance the transfer of more powers to these Institutions, the SEA
amendments also attempted to ensure increased efficiency and democracy
within the institutional framework, while also formalizing European political co-
operation by recognising the role of the European Council, a European body
composed of the Heads of State or Government of the Member States.
The SEA extended the areas of EEC competence, formally recognising co-
operation on monetary union, social policy, economic and social cohesion,
research and technological development and action on protection of the
environment.
The SEA referred to political co-operation, though outside form EEC institutional
structures.
4. The Treaty on European Union 1992
The Treaty on European Union (TEU), commonly known as the Maastricht Treaty
after the town in the Netherlands where it was signed, was created with 2 broad
aims in mind:
- To sustain the momentum created by the SEA
- To create a new organisation
The Treaty can be divided into 2 district areas:
- That which amended the original EEC Treaty
- That which created a new body the European Union
i. Changes to the original EEC Treaty
The TEU renamed both the European Economic Community and the EEC Treaty,
removing the word ‘Economic’ from both.
Pagina 4 van 80
January 31, 2020 United Kingdom’s membership to the European Union (EU)
ended after 47 years.
Pending its departure from the Union, the UK adopted all existing EU law into
its own legal order as domestic UK law, making knowledge of Union law of
clear added value to the UK lawyer.
Relations between the EU and UK are now governed by the extensive Trade and
Cooperation Agreement (TCA).
The European Economic Community (EEC) is created by the Treaty of Rome
(1957).
The EEC becomes known as the European Community (EC) following the
enactment of the Treaty on European Union also known as the Maastricht Treaty
(1993).
The EC becomes known as the European Union (EU) following the enactment of
changes introduced by the Treaty of Lisbon (2010).
Council of Europe:
Founding member states
Subsequent member states
Former member states
46 Member States.
Primary sources:
- European Convention of Human Rights
(ECHR)
- European Social Charter (ESC)
Judicial body:
- European Court of Human Rights
(ECtHR) in Strasbourg
- European Committee of Social Rights (ECSR) in Strasbourg
European Union:
Current members
Candidates negotiating
Candidates
Applicants
Candidates with frozen negotiations
27 Member States.
Primary sources:
- Treaty on the European Union (TEU)
- Treaty on the Function of the European
Union (TFEU)
Judicial body:
- Court of Justice of the European Union (CJEU) in Luxembourg
EU law is a source of law – national law.
Pagina 1 van 80
,2 The creation of a European Union
I. THE EUROPEAN COMMUNITIES
1. The council of Europe
Co-operation between European Governments led to the creation of the Council
of Europe, an intergovernmental organisation which adopted the European
Convention on Human Rights (ECHR) and established the European Court of
Human Rights (ECtHR).
2. The first European Community: the European Coal and Steel
Community (ECSC)
An alternative plan for European co-operation based on economic co-operation In
Europe was proposed by the French economist Jean Monnet and taken up by
Robert Schuman, the then French Foreign Minister.
Took a functionalist approach of the French and German coal and steel
industries, as a means of binding and stabilising the relationship between the 2
countries.
The Schuman plan allowed these 2 industries (coal and steel) to be closely
monitored by an independent organisation, ensuring that Member Stated did not
have the capability to secretly re-arm.
An invitation to participate was proffered to other European countries and the
ECSC was finally created by the signing of the Treaty of Parin (1951 – expired July
2002).
Membership of 6:
- France
- Germany
- Italy
- Belgium
- Luxembourg
- Netherlands
4 independent bodies – known as the EU Institutions – were created to run the
ECSC.
The power to supervise and organize the coal and steel industries was moved
from the individual States to these new Institutions comprising the High
Authority, the Assembly, the Council and the Court of Justice (ECJ)
It should not be forgotten that the contracting States saw such co-operation as a
means to ensuring the longer-term aim of maintaining European peace and unity
in the Community.
Can be proven by looking at the Preamble to the Treaty of Paris.
Provided that the establishment of an economic community was a ‘basis for
a broader and deeper community among peoples long divided by bloody
conflicts and to lay the foundations for Institutions which will give direction
to a destiny henceforward shared’.
Pagina 2 van 80
,3. Failed moves towards European Defence and Political
Communities
Following the creation of the ECSC, further attempts at integration between
European States were made, with plans being drawn up for a European Defence
Community and European Political Community, involving the creation of a
European army and a common European foreign policy.
It was not until 1956 that a way forward towards further economic integration
was found.
A report was published by an intergovernmental committee chaired by Paul-Henri
Spaak, then Belgian Foreign Minister, detailing plans for a further 2 Communities
European Atomic Energy Community (EURATOM) & European Economic
Community (EEC).
4. The European Atomic Energy Community (EURATOM)
The EURATOM Treaty was signed in Rome on March 25, 1957, by the same 6 countries
which made up the ECSC.
The object of this new Community was the furtherance of atomic energy for
peaceful purposes, together with a commitment to ensure uniform safety
standards.
The control of the State’s atomic industries was passes to 4 autonomous
Institutions, with the Assembly and the ECJ being common to both the ECSC and
the EURATOM.
5. The European Economic Community (EEC)
The EEC was born as a result of the Spaak Report and the treaty established the
EEC – the EEC Treaty – was signed in Rome by the same 6 contracting States, on
the same day as the EURATOM Treaty.
Both the ECSC and EURATOM were limited in their scope, being functionalist in
that they had as their aims the creation of a common market in coal and steel
and in atomic energy, respectively.
The EEC was created with the task of progressively working towards the
integration of all aspects of the economies of its States, rather than focusing on
the integration of 1 or 2 specific industries.
Preamble to the EEC Treaty continued to make it clear that the longer-term goals
were wider, including a determination to ‘lay the foundations of an ever closer
union among the peoples of Europe’.
It is important to emphasis that the creation of the EEC meant that power to take
decisions on behalf of the Member States was limited to specific, agreed areas
only, the most significant of which was in areas related to the creation of a
common market.
II. THE DEVELOPMENT OF THE EUROPEAN ECONOMIC
COMMUNITY (EEC)
The term ‘European Communities’ is used to denote all 3 Communities ECSC,
EURATOM and EEC.
1. The Merger Treaty 1965
Pagina 3 van 80
, An important milestone as it was the first amendment to the Treaties of Paris and
Rome.
Purpose to merge the Institutions of all 3 Communities, creating 1 common
Council of Ministers and 1 common Commission formerly known as the High
Authority.
2. The Luxembourg Accords 1986
1965 France refused to attend Council of Ministers meetings due to
disagreement over the use of majority voting when taking decisions resolved
in 1966 agreed that unanimous voting could be used where ‘very important
matters were at stake’.
No legal status but gave States the right of veto in some matters.
3. The Single European Act 1986
The Single European Act (SEA) was the first substantial revision of the original
EEC Treaty.
EEC progress integrating Member State economies had slowed to near-
stagnation SEA can be seen as a response to this problem.
In an attempt to speed up progress towards economic integration, the SEA set a
target date by which time a ‘single market’ was to be achieved = December 31,
1992.
It was realized that the creation of a single market would require creating many
new common rules and significant legislative activity.
To balance the transfer of more powers to these Institutions, the SEA
amendments also attempted to ensure increased efficiency and democracy
within the institutional framework, while also formalizing European political co-
operation by recognising the role of the European Council, a European body
composed of the Heads of State or Government of the Member States.
The SEA extended the areas of EEC competence, formally recognising co-
operation on monetary union, social policy, economic and social cohesion,
research and technological development and action on protection of the
environment.
The SEA referred to political co-operation, though outside form EEC institutional
structures.
4. The Treaty on European Union 1992
The Treaty on European Union (TEU), commonly known as the Maastricht Treaty
after the town in the Netherlands where it was signed, was created with 2 broad
aims in mind:
- To sustain the momentum created by the SEA
- To create a new organisation
The Treaty can be divided into 2 district areas:
- That which amended the original EEC Treaty
- That which created a new body the European Union
i. Changes to the original EEC Treaty
The TEU renamed both the European Economic Community and the EEC Treaty,
removing the word ‘Economic’ from both.
Pagina 4 van 80
