Introduction to EU Law
Origins of modern EU
• For much of its history Europe = battleground
• After WWII (6 yrs./ 50 m. casualties): calls for peace & ‘United Europe’
• Soviet expansion: source of danger for the Western democracies
• Role of Schuman (French Foreign Minister) – historic proposal in
London on 9th of May, 1950
• Role of Jean Monnet (French Diplomat)
Schuman Plan
• Eliminate the rivalry between France and Germany
• Place Franco-German coal and steel production under a common
High Authority (leave the venture open to all European nations –
enlargement)
• Merge economic interests / help raise the standard of living (EEC)
• Make the High Authority’s decisions binding on the Member States
(enforcement)
European Coal and Steel Community
• 6 countries agreed with Schuman the Benelux, France, Germany, Italy
• The UK declined to participate – sceptical about the High Authority
• The Treaty Establishing the ECSC was signed in Paris on 18th of
April, 1951 / in force on July 20th 1952 (for 50 yrs. – expired in July 2002)
• Objectives
To
Establish:
o A common market for coal & steel
products AND
o Four main Institutions: a High Authority, a Council of
Ministers, a Common Assembly, and a Court of Justice
• Common market for coal and steel free from constraints by the MS
or by the economic operators (re: flow of trade or competition)
• Article 4 ECSC Treaty: Certain practices are prohibited within the ECSC
• e.g. Rules on import and export custom duties, restrictions on
movement of goods; no discrimination between producers, purchasers
or consumers
The Common Market
The construction and maintenance of a common market i.e. a Europe-wide
scale, of economic conditions similar to those on the market of a single state
European Economic Community
• A common market covering all economic sectors other than those of
the ECSC Treaty
• Two new treaties negotiated, providing for the establishment of EEC
and Euratom
• Both signed in Rome on 25th of March 1957 / in force on 1st of
January 1958
,A success story?
Legal machinery was provided for the harmonisation of national legislation
that may have a bearing on the smooth functioning of the common market
Seeds of Scepticism
• When EU began functioning as a common market – Euro loss of
regulatory autonomy
• Imposition of EU standards to all member states
EU – policy fields?
EU – International roles?
• Development: humanitarian assistance, governance
• European Neighbourhood policy
• International cooperation and diplomacy
• Environmental protection
• Security, counter-terrorism
• … Leadership?
EU on the world stage
• In 2012, the EU received the Nobel Peace Prize “for over six decades
contributed to the advancement of peace and reconciliation, democracy
and human rights in Europe”
• Many international organizations have received the peace prize in the past
– including the UN, Amnesty International, International Committee of the
Red Cross
,Enlargement
From 6-10
• On 1 January 1973, Denmark + Ireland + UK became Members of
the 3 Communities
• UK had applied in 1961 (De Gaulle veto)
• Norway – also vetoed for membership in 1962, national referenda in
1972 and 1994
• Greece became the 10th member state on 1 January 1981
To 28
• Spain + Portugal joined in January 1986
• Austria + Finland + Sweden joined in January 1995
• Cyprus + Czech Republic + Estonia + Hungary + Latvia + Lithuania + Malta
+ Poland + Slovakia + Slovenia joined in 2004
• Bulgaria + Romania joined in 2007 (3 yr. delay)
• Croatia became the most recent accession state in summer 2013
UK in the EU
• Thatcher’s Bruges Speech, 1988
• Cameron’s ‘Britain and Europe’ Speech, 2013
Treaty Revision – a work in progress
Treaty reform: SEA 1987
• The Single European Act (SEA) signed on 17 February 1986 / in force
on 1 July 1987
• ‘Single’ legal instrument amending the then 3 Community Treaties
• Focus: completion of the EEC’s internal market goal by 1992
• New legal bases for EEC action – e.g. on environment
Treaty reform: TEU 1992
• TEU or Maastricht Treaty signed in February 1992 / in force on 1
November 1993
• Focus: new legal and political entity – the EU
• EU had 3 Communities within it = ECSC + Euratom + EC (‘Economic’
dropped from the title)
• More integration & 2 Treaties The TEU divided EU policies into
three main areas, called ‘pillars’
Treaties of Amsterdam & Nice
• ToA: signed in October 1997 / in force on 1 May 1999
• Focus: institutional changes / prep for EU enlargement
• ToN: signed on 26 February 2001 (rejected by the referendum in
Ireland). After second referendum, it entered into force on 1 February
2003
• Focus: enlargement & declaration on the future of the union
A Constitution for Europe?!
• The proposed Treaty Establishing a Constitution for Europe
• An ambitious proposal for reform (signed on 29 October 2004)
• Would repeal and replace everything
, • Focus: a unitary EU, based upon a single Constitutional Treaty, own
legal personality
• Thanks but no thanks!
o Popular referenda in France (29 May 2005) and the Netherlands (1
June 2005) rejected the Constitutional Treaty
o Constitution could not come into effect unless ratified by all
member states
o The EU entered what was diplomatically described as a
‘period of reflection’
The Treaty of Lisbon
• The Reform Treaty signed on 13 December 2007 / in force
December 2009
• NO repealing / replacing existing Treaties entirely but revising
• The EC Treaty was amended and recast as the Treaty on the
Functioning of the European Union (TFEU)
• ‘European Community’ abolished as a distinct legal entity –
succeeded by a unitary EU with its own legal personality
• Lisbon: the Irish Referenda
o The ToL was due to enter into force on 1 January 2009, however
Ireland – the only country to hold a popular referendum on its
ratification – voted ‘no’ in June 2008
o Ireland held a 2nd referendum in October 2009 – this time just
over 67% in favour of the ToL
o Lisbon entered into force on 1 December 2009 after nearly a
decade of complex negotiations
1992/ 1993
ECSC (“common market”) ONLY C+S
Single European Act E’E’C (“common market”)
□ so in 1992 – EC
EC Treaty other elements (human)
□ so dropped the ‘E’ (means economic)
TFEU
TEU in 1992 (intergovernmental level) – areas of cooperation NOT integration
CFSP – criminal affairs
JCCM – crime/ immigration/ security became integrated into the TFEU
DUAL TREATY FRAMEWORK = TFEU +
TEU TFEU: Arts. 3, 4, 6, 26, 169, 191
TEU: Arts. 1-3, 50
Origins of modern EU
• For much of its history Europe = battleground
• After WWII (6 yrs./ 50 m. casualties): calls for peace & ‘United Europe’
• Soviet expansion: source of danger for the Western democracies
• Role of Schuman (French Foreign Minister) – historic proposal in
London on 9th of May, 1950
• Role of Jean Monnet (French Diplomat)
Schuman Plan
• Eliminate the rivalry between France and Germany
• Place Franco-German coal and steel production under a common
High Authority (leave the venture open to all European nations –
enlargement)
• Merge economic interests / help raise the standard of living (EEC)
• Make the High Authority’s decisions binding on the Member States
(enforcement)
European Coal and Steel Community
• 6 countries agreed with Schuman the Benelux, France, Germany, Italy
• The UK declined to participate – sceptical about the High Authority
• The Treaty Establishing the ECSC was signed in Paris on 18th of
April, 1951 / in force on July 20th 1952 (for 50 yrs. – expired in July 2002)
• Objectives
To
Establish:
o A common market for coal & steel
products AND
o Four main Institutions: a High Authority, a Council of
Ministers, a Common Assembly, and a Court of Justice
• Common market for coal and steel free from constraints by the MS
or by the economic operators (re: flow of trade or competition)
• Article 4 ECSC Treaty: Certain practices are prohibited within the ECSC
• e.g. Rules on import and export custom duties, restrictions on
movement of goods; no discrimination between producers, purchasers
or consumers
The Common Market
The construction and maintenance of a common market i.e. a Europe-wide
scale, of economic conditions similar to those on the market of a single state
European Economic Community
• A common market covering all economic sectors other than those of
the ECSC Treaty
• Two new treaties negotiated, providing for the establishment of EEC
and Euratom
• Both signed in Rome on 25th of March 1957 / in force on 1st of
January 1958
,A success story?
Legal machinery was provided for the harmonisation of national legislation
that may have a bearing on the smooth functioning of the common market
Seeds of Scepticism
• When EU began functioning as a common market – Euro loss of
regulatory autonomy
• Imposition of EU standards to all member states
EU – policy fields?
EU – International roles?
• Development: humanitarian assistance, governance
• European Neighbourhood policy
• International cooperation and diplomacy
• Environmental protection
• Security, counter-terrorism
• … Leadership?
EU on the world stage
• In 2012, the EU received the Nobel Peace Prize “for over six decades
contributed to the advancement of peace and reconciliation, democracy
and human rights in Europe”
• Many international organizations have received the peace prize in the past
– including the UN, Amnesty International, International Committee of the
Red Cross
,Enlargement
From 6-10
• On 1 January 1973, Denmark + Ireland + UK became Members of
the 3 Communities
• UK had applied in 1961 (De Gaulle veto)
• Norway – also vetoed for membership in 1962, national referenda in
1972 and 1994
• Greece became the 10th member state on 1 January 1981
To 28
• Spain + Portugal joined in January 1986
• Austria + Finland + Sweden joined in January 1995
• Cyprus + Czech Republic + Estonia + Hungary + Latvia + Lithuania + Malta
+ Poland + Slovakia + Slovenia joined in 2004
• Bulgaria + Romania joined in 2007 (3 yr. delay)
• Croatia became the most recent accession state in summer 2013
UK in the EU
• Thatcher’s Bruges Speech, 1988
• Cameron’s ‘Britain and Europe’ Speech, 2013
Treaty Revision – a work in progress
Treaty reform: SEA 1987
• The Single European Act (SEA) signed on 17 February 1986 / in force
on 1 July 1987
• ‘Single’ legal instrument amending the then 3 Community Treaties
• Focus: completion of the EEC’s internal market goal by 1992
• New legal bases for EEC action – e.g. on environment
Treaty reform: TEU 1992
• TEU or Maastricht Treaty signed in February 1992 / in force on 1
November 1993
• Focus: new legal and political entity – the EU
• EU had 3 Communities within it = ECSC + Euratom + EC (‘Economic’
dropped from the title)
• More integration & 2 Treaties The TEU divided EU policies into
three main areas, called ‘pillars’
Treaties of Amsterdam & Nice
• ToA: signed in October 1997 / in force on 1 May 1999
• Focus: institutional changes / prep for EU enlargement
• ToN: signed on 26 February 2001 (rejected by the referendum in
Ireland). After second referendum, it entered into force on 1 February
2003
• Focus: enlargement & declaration on the future of the union
A Constitution for Europe?!
• The proposed Treaty Establishing a Constitution for Europe
• An ambitious proposal for reform (signed on 29 October 2004)
• Would repeal and replace everything
, • Focus: a unitary EU, based upon a single Constitutional Treaty, own
legal personality
• Thanks but no thanks!
o Popular referenda in France (29 May 2005) and the Netherlands (1
June 2005) rejected the Constitutional Treaty
o Constitution could not come into effect unless ratified by all
member states
o The EU entered what was diplomatically described as a
‘period of reflection’
The Treaty of Lisbon
• The Reform Treaty signed on 13 December 2007 / in force
December 2009
• NO repealing / replacing existing Treaties entirely but revising
• The EC Treaty was amended and recast as the Treaty on the
Functioning of the European Union (TFEU)
• ‘European Community’ abolished as a distinct legal entity –
succeeded by a unitary EU with its own legal personality
• Lisbon: the Irish Referenda
o The ToL was due to enter into force on 1 January 2009, however
Ireland – the only country to hold a popular referendum on its
ratification – voted ‘no’ in June 2008
o Ireland held a 2nd referendum in October 2009 – this time just
over 67% in favour of the ToL
o Lisbon entered into force on 1 December 2009 after nearly a
decade of complex negotiations
1992/ 1993
ECSC (“common market”) ONLY C+S
Single European Act E’E’C (“common market”)
□ so in 1992 – EC
EC Treaty other elements (human)
□ so dropped the ‘E’ (means economic)
TFEU
TEU in 1992 (intergovernmental level) – areas of cooperation NOT integration
CFSP – criminal affairs
JCCM – crime/ immigration/ security became integrated into the TFEU
DUAL TREATY FRAMEWORK = TFEU +
TEU TFEU: Arts. 3, 4, 6, 26, 169, 191
TEU: Arts. 1-3, 50
