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Summary EU Law

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Summary of 186 pages for the course European Constitutional Law at QUB (/)

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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
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