Introduction to Constitutional Foundations and Evolution

Introduction and Evolution

Module Outline
 The constitutional framework of the EU:
 Institutions.
 Law-making.
 Competences.
 Supremacy of EU law.
 Direct effect.
 Remedies.
 Fundamental rights.

Why Study EU Law (Post-Brexit)?
 Economic and financial crisis:
 The future of the Euro.
 Trade agreements and external relations.
 Migration ‘crisis’, security and terrorism:
 EU citizenship and the right to move, reside, work, study, trade, claim welfare
benefits? in any member state.
 Human rights protection.
 Non-discrimination.
 Brexit:
 Understanding how the EU works is still vital for the transition period and
negotiations with the EU during the process of Brexit.
 Trade and policies that continue to exist.
 UK is still bound by the ECHR as this is a Council of Europe instrument, not an
EU instrument.

The EU as an Evolving Project
 The founding EEC (European Economic Community) (Treaty of Rome, 1957).
 Seeking peace, stability and economic progress among 6 Member States.
 Western Germany.
 The Netherlands.
 Belgium.
 Luxembourg.
 France.
 Italy.
 Agreed to integrate their economies to some degree.
 Free movement of persons.
 Free movement of goods.
 Free movement of capital.
 Free movement of services.
 Aimed to make the economies of these countries develop and progress,
following the aftermath of World War Two.
 To make these economies more and more dependent of each other, and
there was less scope for conflict.