EU LAW NOTES
The EU
📜 Foundational Legal Sources
Article 2 TEU – Values of the EU
Article 3 TEU – Objectives and aims of the EU
🔹 Article 2 TEU: Values
The EU is founded on:
Respect for:
o Human dignity
o Freedom
o Democracy
o Equality
o Rule of law
o Human rights (including those of minorities)
These values are common to all Member States and are essential in a society
that promotes:
Pluralism
Non-discrimination
Tolerance
Justice
Solidarity
Equality between women and men
💡 This provision serves as a benchmark for assessing Member States'
democratic and rule of law credentials – see Art. 7 TEU mechanisms for enforcing
these values.
🔹 Article 3 TEU: Objectives and Aims of the Union
The Union shall pursue:
🎯 Economic and Social Objectives
Sustainable development
Balanced economic growth
Price stability
Full employment and social progress
, Highly competitive social market economy
Economic, social, and territorial cohesion
Solidarity among Member States
⚖️
Justice and Social Values
Social justice and protection
Combating social exclusion and discrimination
Gender equality
Solidarity between generations
Protection of children's rights
🌍 Global and Environmental Commitments
Protection and improvement of the environment
Scientific and technological advance
Promotion of peace, well-being of its peoples
🌐 Integration and Free Movement
Area of freedom, security, and justice without internal frontiers
Internal market with free movement of persons, goods, services, and
capital
🏛️
Cultural Commitments
Respect for cultural and linguistic diversity
Safeguarding of Europe’s cultural heritage
HISTORY OF EU INTEGRATION
🌍 Origins: Preventing War Through Integration
Post-WWII goal: Prevent future conflict by making war materially
impossible.
Solution: Supranational cooperation over key war industries (coal &
steel).
Robert Schuman Declaration (1950):
“Europe will not be made all at once, or according to a single plan...” –
gradual integration via de facto solidarity.
⚒️
Treaty of Paris (1951) – European Coal and Steel Community
Six founding states; UK absent.
Pooling control of coal and steel = economic interdependence → peace.
,📜 Treaty of Rome (1957, into force 1958) – European Economic
Community (EEC)
Core aim: Create a common market.
Basis for modern EU – Lisbon Treaty is effectively an amended version.
Set in motion the vision of a customs union, free movement, and
eventual political spillover.
🏛️
Integration Models:
Model Description
Intergovernmenta
Power remains with Member States.
lism
Independent EU institutions shape the path of
Supranationalism
integration.
⚙️
Single European Act (1986) – First major Treaty revision
Realisation: Internal market wasn't functioning efficiently.
Set a deadline (1992) to complete the Internal Market.
Strengthened the role of the European Parliament.
First reference to the rule of law as a structural EU value.
🇪🇺 Treaty of Maastricht (1993) – Birth of the EU
Created the European Union.
Introduced EU Citizenship (supplementing national citizenship).
Pillar structure:
1. Community
2. Common Foreign & Security Policy
3. Justice & Home Affairs
Laid foundation for monetary union (Euro).
🏗️
Treaty of Amsterdam (1999)
Aimed at preparing EU for Eastern enlargement.
Introduced mechanisms to address Member State violations of EU
values (Art 7 TEU), e.g., rule of law issues.
, Limited impact; seen as a missed opportunity for deep reform.
🗳️
Treaty of Nice (2003)
Primarily about institutional reform to accommodate future
enlargement.
Power struggles: size of Commission, voting weights.
Political wrangling overshadowed broader integration.
📜 EU Charter of Fundamental Rights (2000)
Drafted during the Convention on the Future of Europe.
Intended to be binding via a Constitution – rejected by referenda in
France and the Netherlands (2005).
Eventually made binding via the Lisbon Treaty.
🇪🇺 Lisbon Treaty (2009) – Reboot after constitutional failure
Preserved much of the Constitutional Treaty in a treaty format.
Gave legal effect to the EU Charter of Fundamental Rights.
Addressed concerns about EU federalism by reinforcing subsidiarity
and Member State sovereignty.
✳️
Themes to Keep in Mind:
Integration as a process: Starts with economy, spreads to law, politics,
citizenship.
Balance between supranationalism and state sovereignty.
Rule of law, democracy, and rights as foundational values.
Ever-closer union tempered by national resistance (e.g. Brexit, Hungary,
Poland).
Crises within the EU
The eu is moving from one crisis to the next currently. If there is further
enlargement, a treaty amendment may be necessary
Financial crisis – due to its structure in the relation of the euro,
Brexit- article 50 TEU, ability to withdraw from the eu, with the Lisbon treaty
Migration crisis-member states have reintroduced border check. This
Undermines the shanghai treaty- ability to move around eu without need for id
The EU
📜 Foundational Legal Sources
Article 2 TEU – Values of the EU
Article 3 TEU – Objectives and aims of the EU
🔹 Article 2 TEU: Values
The EU is founded on:
Respect for:
o Human dignity
o Freedom
o Democracy
o Equality
o Rule of law
o Human rights (including those of minorities)
These values are common to all Member States and are essential in a society
that promotes:
Pluralism
Non-discrimination
Tolerance
Justice
Solidarity
Equality between women and men
💡 This provision serves as a benchmark for assessing Member States'
democratic and rule of law credentials – see Art. 7 TEU mechanisms for enforcing
these values.
🔹 Article 3 TEU: Objectives and Aims of the Union
The Union shall pursue:
🎯 Economic and Social Objectives
Sustainable development
Balanced economic growth
Price stability
Full employment and social progress
, Highly competitive social market economy
Economic, social, and territorial cohesion
Solidarity among Member States
⚖️
Justice and Social Values
Social justice and protection
Combating social exclusion and discrimination
Gender equality
Solidarity between generations
Protection of children's rights
🌍 Global and Environmental Commitments
Protection and improvement of the environment
Scientific and technological advance
Promotion of peace, well-being of its peoples
🌐 Integration and Free Movement
Area of freedom, security, and justice without internal frontiers
Internal market with free movement of persons, goods, services, and
capital
🏛️
Cultural Commitments
Respect for cultural and linguistic diversity
Safeguarding of Europe’s cultural heritage
HISTORY OF EU INTEGRATION
🌍 Origins: Preventing War Through Integration
Post-WWII goal: Prevent future conflict by making war materially
impossible.
Solution: Supranational cooperation over key war industries (coal &
steel).
Robert Schuman Declaration (1950):
“Europe will not be made all at once, or according to a single plan...” –
gradual integration via de facto solidarity.
⚒️
Treaty of Paris (1951) – European Coal and Steel Community
Six founding states; UK absent.
Pooling control of coal and steel = economic interdependence → peace.
,📜 Treaty of Rome (1957, into force 1958) – European Economic
Community (EEC)
Core aim: Create a common market.
Basis for modern EU – Lisbon Treaty is effectively an amended version.
Set in motion the vision of a customs union, free movement, and
eventual political spillover.
🏛️
Integration Models:
Model Description
Intergovernmenta
Power remains with Member States.
lism
Independent EU institutions shape the path of
Supranationalism
integration.
⚙️
Single European Act (1986) – First major Treaty revision
Realisation: Internal market wasn't functioning efficiently.
Set a deadline (1992) to complete the Internal Market.
Strengthened the role of the European Parliament.
First reference to the rule of law as a structural EU value.
🇪🇺 Treaty of Maastricht (1993) – Birth of the EU
Created the European Union.
Introduced EU Citizenship (supplementing national citizenship).
Pillar structure:
1. Community
2. Common Foreign & Security Policy
3. Justice & Home Affairs
Laid foundation for monetary union (Euro).
🏗️
Treaty of Amsterdam (1999)
Aimed at preparing EU for Eastern enlargement.
Introduced mechanisms to address Member State violations of EU
values (Art 7 TEU), e.g., rule of law issues.
, Limited impact; seen as a missed opportunity for deep reform.
🗳️
Treaty of Nice (2003)
Primarily about institutional reform to accommodate future
enlargement.
Power struggles: size of Commission, voting weights.
Political wrangling overshadowed broader integration.
📜 EU Charter of Fundamental Rights (2000)
Drafted during the Convention on the Future of Europe.
Intended to be binding via a Constitution – rejected by referenda in
France and the Netherlands (2005).
Eventually made binding via the Lisbon Treaty.
🇪🇺 Lisbon Treaty (2009) – Reboot after constitutional failure
Preserved much of the Constitutional Treaty in a treaty format.
Gave legal effect to the EU Charter of Fundamental Rights.
Addressed concerns about EU federalism by reinforcing subsidiarity
and Member State sovereignty.
✳️
Themes to Keep in Mind:
Integration as a process: Starts with economy, spreads to law, politics,
citizenship.
Balance between supranationalism and state sovereignty.
Rule of law, democracy, and rights as foundational values.
Ever-closer union tempered by national resistance (e.g. Brexit, Hungary,
Poland).
Crises within the EU
The eu is moving from one crisis to the next currently. If there is further
enlargement, a treaty amendment may be necessary
Financial crisis – due to its structure in the relation of the euro,
Brexit- article 50 TEU, ability to withdraw from the eu, with the Lisbon treaty
Migration crisis-member states have reintroduced border check. This
Undermines the shanghai treaty- ability to move around eu without need for id