Introduction
Development of the EU-
The founding European Economic Community (Treaty of Rome1957)
- seeking peace, stability and economic progress among 6 Member States
Expansion from Rome to Lisbon
- Territorial enlargements (now 28 MSS – reducing to 27 when the UK leaves)
- Wider political and social goals
- A deepening legal order
- Creation of European Union 1992 (change of name to represent the
movement to a community not only concerned with economic goals)
- The Lisbon Treaty settlement in force 1 Dec 2009
*Brexit is new, the UK is the first member state to leave the EU*
Evolving Economic Models-
Federalism was very much on the agenda in the 1950s
- The EEC project was created with an aim of creating some sort of federal
states of Europe
Free trade area (no internal border tariffs)
Customs union (ditto plus common external tariff)
Common market (ditto plus free movement of goods, labour, services, capital)
Economic and monetary union (inc. common currency)
An evolving legal framework-
The EU legal order is Treaty based
EU law is not like any other type of public international law – Court of Justice
The Treaties form the primary legislation. These are agreed by the Member States
(the ‘masters’ of the Treaties).
The Treaties are complemented by secondary legislation and case law from the
Court of Justice.
Treaty Milestones-
Treaty of Rome 1957
- founded European Economic Community
Single European Act 1986
- re-launched single market
Treaty of Maastricht 1992
- established EU, renamed EEC as European Community ‘pillar ‘ within EU
- Treaty of Amsterdam 1997 amended Pillar structure
Treaty of Nice 2000
, - prepared further enlargement (2004)
Constitutional Treaty 2004
- but not ratified
Lisbon Treaty 2007
- ratified and in force 1 Dec 2009: TFEU, TEU and Charter of Fundamental
Rights
The EU’s immediate past (1992-2009): The 3 pillars of the EU
Symptom of evolving integration
EC (first) pillar more integrated in political and legal terms: supranational decision-
making, review by Courts, individual rights etc
2nd and 3rd pillars more intergovernmental in decision-making processes; greater
powers retained by Member States; less reviewable
*Lisbon Treaty has now ended the Pillar structure*
Treaty of Amsterdam 1997-
Amending Treaty
- Took some of Pillar 3 and put it in Pillar 1 (immigration, visas etc.)
Stronger anti-discrimination provisions
Introduction of a sanction mechanism for violations of fundamental rights by a
member state
Re-numbered the treaties
Treaty of Nice 2000-
Amending Treaty
Dealt with the ‘Amsterdam Leftovers’ regarding institutional reforms
- Having grown from 6 members to 15 (at 2000)
Charter of fundamental rights was solemnly proclaimed
From Nice to Lisbon-
Political dispute over direction of the EU
Social or market directions?
Unwieldy decision-making structures after 2004 enlargement
, Conflict over constitutionalising the EU
Draft European Constitution 2004 failure
- Agreed by MSS but defeated by French and Dutch referenda in ratification
process
The Lisbon Treaty 2009-
ToL has retained and emended both the EC Treaty and the TEU – the treaty has been
renamed the Treaty on the Functioning of the European Union (TFEU)
Compromise after failure of 2004 Draft Constitution
Ratified after original Irish referendum rejection
Includes many parts of the failed constitution
Last-minute accommodation of Czech Rep alongside Poland and UK ‘opt-outs’ re
parts of Charter of Fundamental Rights
The Court of Justice of the European Union is governed by the TEU and the TFEU
The EUs current (since 2009) Legal Framework-
Based on 3 constitutional elements:
1) Treaty on European Union (TEU) – mainly constitutional principles and CFSP (as amended)
2) Treaty on Functioning of EU (TFEU) – the detailed operational rules (the amended and
renamed Treaty of Rome)
3) Charter of Fundamental Rights (‘The Charter’) – now has the same legal value as the
Treaties
A Union of Member States:
The EU is a group of 28 Member States which have come together over time (post
WW2) in order to pursue certain defined objectives.
The current member states of the EU are:
- Belgium, Bulgaria, Croatia, Czech Rep, Denmark, Germany, Estonia,
Greece, Spain, France, Ireland, Italy, Cyprus, Latvia, Lithuania, Luxembourg,
Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia,
Slovakia, Finland, Sweden and the United Kingdom
*This is a different membership from the Council of Europe and the ECHR
The EU is a legal construct...It is NOT a state!
It is not omni-competent - It cannot do everything and anything
It has no inherent powers, member states devolve powers to the EU
But it does have legal personality, competences, institutions and decision-making
processes
The EU’s values: Art 2 TEU
, The objectives of the EU are bound up with the EU’s commitment to respect certain
core values:
- “The Union is founded on the values of respect for human dignity, freedom,
democracy, equality, the rule of law and respect for human rights, including
the rights of persons belonging to minorities. These values are common to
the Member States in a society in which pluralism, non-discrimination,
tolerance, justice, solidarity and equality between women and men
prevail.” (Art. 2 TEU)
The EU’s objectives: Art 3 TEU
Art 3(1) ‘The Union’s aim is to promote peace, its values and the well-being of its
peoples.’
Art 3(2) area of freedom, security and justice without internal frontiers… free
movement of persons…appropriate border controls, asylum, immigration measures
Art 3(3) internal market…sustainable development…full employment…
environmental protection…combat social exclusion and discrimination…equality
between women and men…solidarity between generations…rights of the child…
solidarity among member states…respect cultural and linguistic diversity…safeguard
Europe’s cultural heritage
Art 3(4) economic and monetary union
Art 3(5) promote its values in wider world…peace, security, sustainable development
of Earth…solidarity and mutual respect among peoples…free and fair trade…
eradication of poverty…protection of human rights
Competences: Art 3(6) TEU
‘The Union shall pursue its objectives by appropriate means commensurate with the
competences which are conferred upon it in the Treaties.’
‘Competences’ means the power/right to act in certain areas
More specific competences are to be found in Arts 3-6 TFEU
- Art 3 TFEU (exclusive competences) eg customs union, competition rules,
common commercial policy
- Art 4 TFEU (shared competences) eg internal market, social policy, agriculture,
transport, energy
- Art 6 TFEU (supporting actions) eg health, culture, education
Interpreting competences is the role of the Court of Justice
- Meaning of EU Treaties exclusively determined by Court of Justice (Art 19 TEU)
- Why is boundary marking important?
- It shows the legitimacy of EU action: the power to act
- It settles supremacy issues: conflict between national and European law over
competence
- It shows the correct legal base (ie how relevant decisions are to be made, by
which institutions and using which procedure)
Development of the EU-
The founding European Economic Community (Treaty of Rome1957)
- seeking peace, stability and economic progress among 6 Member States
Expansion from Rome to Lisbon
- Territorial enlargements (now 28 MSS – reducing to 27 when the UK leaves)
- Wider political and social goals
- A deepening legal order
- Creation of European Union 1992 (change of name to represent the
movement to a community not only concerned with economic goals)
- The Lisbon Treaty settlement in force 1 Dec 2009
*Brexit is new, the UK is the first member state to leave the EU*
Evolving Economic Models-
Federalism was very much on the agenda in the 1950s
- The EEC project was created with an aim of creating some sort of federal
states of Europe
Free trade area (no internal border tariffs)
Customs union (ditto plus common external tariff)
Common market (ditto plus free movement of goods, labour, services, capital)
Economic and monetary union (inc. common currency)
An evolving legal framework-
The EU legal order is Treaty based
EU law is not like any other type of public international law – Court of Justice
The Treaties form the primary legislation. These are agreed by the Member States
(the ‘masters’ of the Treaties).
The Treaties are complemented by secondary legislation and case law from the
Court of Justice.
Treaty Milestones-
Treaty of Rome 1957
- founded European Economic Community
Single European Act 1986
- re-launched single market
Treaty of Maastricht 1992
- established EU, renamed EEC as European Community ‘pillar ‘ within EU
- Treaty of Amsterdam 1997 amended Pillar structure
Treaty of Nice 2000
, - prepared further enlargement (2004)
Constitutional Treaty 2004
- but not ratified
Lisbon Treaty 2007
- ratified and in force 1 Dec 2009: TFEU, TEU and Charter of Fundamental
Rights
The EU’s immediate past (1992-2009): The 3 pillars of the EU
Symptom of evolving integration
EC (first) pillar more integrated in political and legal terms: supranational decision-
making, review by Courts, individual rights etc
2nd and 3rd pillars more intergovernmental in decision-making processes; greater
powers retained by Member States; less reviewable
*Lisbon Treaty has now ended the Pillar structure*
Treaty of Amsterdam 1997-
Amending Treaty
- Took some of Pillar 3 and put it in Pillar 1 (immigration, visas etc.)
Stronger anti-discrimination provisions
Introduction of a sanction mechanism for violations of fundamental rights by a
member state
Re-numbered the treaties
Treaty of Nice 2000-
Amending Treaty
Dealt with the ‘Amsterdam Leftovers’ regarding institutional reforms
- Having grown from 6 members to 15 (at 2000)
Charter of fundamental rights was solemnly proclaimed
From Nice to Lisbon-
Political dispute over direction of the EU
Social or market directions?
Unwieldy decision-making structures after 2004 enlargement
, Conflict over constitutionalising the EU
Draft European Constitution 2004 failure
- Agreed by MSS but defeated by French and Dutch referenda in ratification
process
The Lisbon Treaty 2009-
ToL has retained and emended both the EC Treaty and the TEU – the treaty has been
renamed the Treaty on the Functioning of the European Union (TFEU)
Compromise after failure of 2004 Draft Constitution
Ratified after original Irish referendum rejection
Includes many parts of the failed constitution
Last-minute accommodation of Czech Rep alongside Poland and UK ‘opt-outs’ re
parts of Charter of Fundamental Rights
The Court of Justice of the European Union is governed by the TEU and the TFEU
The EUs current (since 2009) Legal Framework-
Based on 3 constitutional elements:
1) Treaty on European Union (TEU) – mainly constitutional principles and CFSP (as amended)
2) Treaty on Functioning of EU (TFEU) – the detailed operational rules (the amended and
renamed Treaty of Rome)
3) Charter of Fundamental Rights (‘The Charter’) – now has the same legal value as the
Treaties
A Union of Member States:
The EU is a group of 28 Member States which have come together over time (post
WW2) in order to pursue certain defined objectives.
The current member states of the EU are:
- Belgium, Bulgaria, Croatia, Czech Rep, Denmark, Germany, Estonia,
Greece, Spain, France, Ireland, Italy, Cyprus, Latvia, Lithuania, Luxembourg,
Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia,
Slovakia, Finland, Sweden and the United Kingdom
*This is a different membership from the Council of Europe and the ECHR
The EU is a legal construct...It is NOT a state!
It is not omni-competent - It cannot do everything and anything
It has no inherent powers, member states devolve powers to the EU
But it does have legal personality, competences, institutions and decision-making
processes
The EU’s values: Art 2 TEU
, The objectives of the EU are bound up with the EU’s commitment to respect certain
core values:
- “The Union is founded on the values of respect for human dignity, freedom,
democracy, equality, the rule of law and respect for human rights, including
the rights of persons belonging to minorities. These values are common to
the Member States in a society in which pluralism, non-discrimination,
tolerance, justice, solidarity and equality between women and men
prevail.” (Art. 2 TEU)
The EU’s objectives: Art 3 TEU
Art 3(1) ‘The Union’s aim is to promote peace, its values and the well-being of its
peoples.’
Art 3(2) area of freedom, security and justice without internal frontiers… free
movement of persons…appropriate border controls, asylum, immigration measures
Art 3(3) internal market…sustainable development…full employment…
environmental protection…combat social exclusion and discrimination…equality
between women and men…solidarity between generations…rights of the child…
solidarity among member states…respect cultural and linguistic diversity…safeguard
Europe’s cultural heritage
Art 3(4) economic and monetary union
Art 3(5) promote its values in wider world…peace, security, sustainable development
of Earth…solidarity and mutual respect among peoples…free and fair trade…
eradication of poverty…protection of human rights
Competences: Art 3(6) TEU
‘The Union shall pursue its objectives by appropriate means commensurate with the
competences which are conferred upon it in the Treaties.’
‘Competences’ means the power/right to act in certain areas
More specific competences are to be found in Arts 3-6 TFEU
- Art 3 TFEU (exclusive competences) eg customs union, competition rules,
common commercial policy
- Art 4 TFEU (shared competences) eg internal market, social policy, agriculture,
transport, energy
- Art 6 TFEU (supporting actions) eg health, culture, education
Interpreting competences is the role of the Court of Justice
- Meaning of EU Treaties exclusively determined by Court of Justice (Art 19 TEU)
- Why is boundary marking important?
- It shows the legitimacy of EU action: the power to act
- It settles supremacy issues: conflict between national and European law over
competence
- It shows the correct legal base (ie how relevant decisions are to be made, by
which institutions and using which procedure)
