European Law: EU constitutional law
Summary
2021
WEEK 1 The origins of the EU and the EU institutions.
Case-law and materials
- Declaration by Robert Schuman on 9 May 1950;
- Case 294/83, Les Verts.
LEARNING OBJECTIVE 1 > Have an understanding of the history of European integration and the
main legal developments over time.
3.1 European Coal and Steel Community: ESCS.
Europe after WII and the European Coal and Steel Community (ESCS). Origins:
- The rise of nationalism and two world wars in the 20th century.
- Occupation of Germany and the International Authority of the Ruhr.
- 9 May 1950: Schuman declarations. A system whereby the participating members would transfer a
part of their souvernitiy.
- 1952 Treaty of Paris.
The culmination of WII generated a feeling that there had to be a way of organizing international
affairs so as at least to reduce, if not eradicate, the possibility of such national conflict recurring on
this scale. This explains the founding of the United Nations in 1945. The founding of the ECC was
another response to the two world wars.
The ESCS was a proposal of the French foreign minister of that France and Germany should
administer their coal and steel resources pursuant to an international agreement in which
supervisory authority was given to a body termed by the High Authority. Other States could also join
the international agreement. The focus on coal and steel was in part economic, but also political
(principal materials for waging war).
The ESCS Treaty was signed in 1951 and established a common market in coal and steel. There
were four principal institutions: The High Authority, an Assembly, a Council, the Court of Justice.
Although the remit of the ECSC was limited to coal and steel, its proponents always saw it as a
supranational authority, in which the High Authority could adopt decisions other than by unanimity,
which could then serve as the first step towards broader European integration.
ESCS is the blueprint of the current EU. Main features:
- Supranational. Different organisations had decision making powers within the organisation.
- Limited in scope. Collaboration only took place within a very limited area; market for coal/steel.
- It’s means were trade liberalization. Free market. (France wanted access to German coal).
- Treaty obligations applied to its Members States as well as individuals.
- Centre-right political initiative.
3.2 EDC and EPC
The 1950s also witnessed setbacks in the moves towards European integration. The central
proposals that failed to come to fruition were the European Defence Community (EDC) and the
European Political Community (EPC). This resulted in a major setback for the integration process
and the shelving of plans for defence and political union.
3.3 European Economic Community: EEC. Treaty of Rome.
The Netherlands had sought to include in the EPC proposals the idea of a common market in which
products would be able to move freely under the guarantee of a supranational authority. This idea of
a common market in which goods and services would be traded freely across a level playing field
consisting of the territories of the Member States that was to resurface. The underlying long-term
objective may well have been political, but the intantial focus was economic. The EEC Treaty, the
1
, Treaty of Rome, came into effect in 1958. There were six Member States: France, Germany,
Netherlands, Belgium; prime-minister published a rapport with the basic plan for the EEC, Italy and
Luxembourg.
> In economic terms, the idea of a common market connotes the removal of barriers to trade, such
as tariffs; which increase the cost of imports, or quotas; which limits the number of imports of a
certain type of product. It also entailed the free movement of the economic factors of production in
order to ensure that they were being used most efficiently throughout the Community as a whole.
This explains the centrality to the Community of the ‘four freedoms’, which are often regarded as the
core of its economic constitution: free movement of goods, workers, capital, and establishment of the
provision of services.
The Treaty also contained key provisions to ensure that the idea of a level playing field was not
undermined. The Treaty of Rome was designed to approximate the economic policies of the
Member States, to promote harmonious development of economic activities throughout the
Community, to increase stability and raise the standard of living, and to promote closer relations
between Member States.
- A European Social Fund was established. Improve employment opportunities.
- An Investment Bank was established. Give loans guarantees and help less developed.
- A European Development Fund for overseas countries was established.
> In institutional terms, the Treaty of Rome was a mixture of continuity with the past in terms of the
institutional ordering under the ECSC, combined with the novel arrangements devised for the ECC.
- The Parliamentary Assembly and Court of Justice were shared with ESCS.
- Separate Council of Ministers. Representing interest of Member States.
- Commission. Representing the Community.
- An Economic and Social Committee.
The location of legislative and executive power was crucial to the arrangements put in the place by
the Treaty of Rome. The draft statute for the European Political Community had been parliamentary
in its orientation, giving very considerable power to the proposed bicameral legislature. It will also be
recalled that this aroused considerable opposition from the Member States of the ECSC. The same
unwillingness to accord power to parliamentary institutions was evident in the Treaty of Rome.
- Legislative power was divided between the Commission, which proposed legislative
initiatives, and the Council of Ministers, which voted on them. The Parliamentary Assembly
had a bare right to be consulted, and that was only where a particular Treaty article
mandated such consultation.
- Executive power was also divided in the original Treaty of Rome, although the Commission
was given considerable power in this respect; ‘watchdog’. The Council and the Assembly
also exercised certain executive responsibilities.
4. From EEC to SEA.
There were important developments in the period between EEC and SEA:
- The Community expanded through accession of new Member States.
1973: UK, Ireland and Denmark. 1981: Greece. 1986: Spain and Portugal.
- Tension between an ingovernmental view of the Community 1965. ‘Empty-chair’ policy.
Luxembourg Compromise/Accords: agreement to disagree over voting methods in the Council.
- European Political Co-operation 1973. Enhanced intergovernmentalism.
This enabled Member States to influence the content of secondary Community legislation.
- Agreement on direct elections to the Assembly 1976. Supranationalism.
- Agreement funding from the Community’s own role in the budgetary process 1969/1975.
- ECJ used the doctrine of direct effect.
- European Council in Milan established an intergovernmental conference (IGC) 1985 to discuss
Treaty amendment. The IGC generated the SEA.
2
Summary
2021
WEEK 1 The origins of the EU and the EU institutions.
Case-law and materials
- Declaration by Robert Schuman on 9 May 1950;
- Case 294/83, Les Verts.
LEARNING OBJECTIVE 1 > Have an understanding of the history of European integration and the
main legal developments over time.
3.1 European Coal and Steel Community: ESCS.
Europe after WII and the European Coal and Steel Community (ESCS). Origins:
- The rise of nationalism and two world wars in the 20th century.
- Occupation of Germany and the International Authority of the Ruhr.
- 9 May 1950: Schuman declarations. A system whereby the participating members would transfer a
part of their souvernitiy.
- 1952 Treaty of Paris.
The culmination of WII generated a feeling that there had to be a way of organizing international
affairs so as at least to reduce, if not eradicate, the possibility of such national conflict recurring on
this scale. This explains the founding of the United Nations in 1945. The founding of the ECC was
another response to the two world wars.
The ESCS was a proposal of the French foreign minister of that France and Germany should
administer their coal and steel resources pursuant to an international agreement in which
supervisory authority was given to a body termed by the High Authority. Other States could also join
the international agreement. The focus on coal and steel was in part economic, but also political
(principal materials for waging war).
The ESCS Treaty was signed in 1951 and established a common market in coal and steel. There
were four principal institutions: The High Authority, an Assembly, a Council, the Court of Justice.
Although the remit of the ECSC was limited to coal and steel, its proponents always saw it as a
supranational authority, in which the High Authority could adopt decisions other than by unanimity,
which could then serve as the first step towards broader European integration.
ESCS is the blueprint of the current EU. Main features:
- Supranational. Different organisations had decision making powers within the organisation.
- Limited in scope. Collaboration only took place within a very limited area; market for coal/steel.
- It’s means were trade liberalization. Free market. (France wanted access to German coal).
- Treaty obligations applied to its Members States as well as individuals.
- Centre-right political initiative.
3.2 EDC and EPC
The 1950s also witnessed setbacks in the moves towards European integration. The central
proposals that failed to come to fruition were the European Defence Community (EDC) and the
European Political Community (EPC). This resulted in a major setback for the integration process
and the shelving of plans for defence and political union.
3.3 European Economic Community: EEC. Treaty of Rome.
The Netherlands had sought to include in the EPC proposals the idea of a common market in which
products would be able to move freely under the guarantee of a supranational authority. This idea of
a common market in which goods and services would be traded freely across a level playing field
consisting of the territories of the Member States that was to resurface. The underlying long-term
objective may well have been political, but the intantial focus was economic. The EEC Treaty, the
1
, Treaty of Rome, came into effect in 1958. There were six Member States: France, Germany,
Netherlands, Belgium; prime-minister published a rapport with the basic plan for the EEC, Italy and
Luxembourg.
> In economic terms, the idea of a common market connotes the removal of barriers to trade, such
as tariffs; which increase the cost of imports, or quotas; which limits the number of imports of a
certain type of product. It also entailed the free movement of the economic factors of production in
order to ensure that they were being used most efficiently throughout the Community as a whole.
This explains the centrality to the Community of the ‘four freedoms’, which are often regarded as the
core of its economic constitution: free movement of goods, workers, capital, and establishment of the
provision of services.
The Treaty also contained key provisions to ensure that the idea of a level playing field was not
undermined. The Treaty of Rome was designed to approximate the economic policies of the
Member States, to promote harmonious development of economic activities throughout the
Community, to increase stability and raise the standard of living, and to promote closer relations
between Member States.
- A European Social Fund was established. Improve employment opportunities.
- An Investment Bank was established. Give loans guarantees and help less developed.
- A European Development Fund for overseas countries was established.
> In institutional terms, the Treaty of Rome was a mixture of continuity with the past in terms of the
institutional ordering under the ECSC, combined with the novel arrangements devised for the ECC.
- The Parliamentary Assembly and Court of Justice were shared with ESCS.
- Separate Council of Ministers. Representing interest of Member States.
- Commission. Representing the Community.
- An Economic and Social Committee.
The location of legislative and executive power was crucial to the arrangements put in the place by
the Treaty of Rome. The draft statute for the European Political Community had been parliamentary
in its orientation, giving very considerable power to the proposed bicameral legislature. It will also be
recalled that this aroused considerable opposition from the Member States of the ECSC. The same
unwillingness to accord power to parliamentary institutions was evident in the Treaty of Rome.
- Legislative power was divided between the Commission, which proposed legislative
initiatives, and the Council of Ministers, which voted on them. The Parliamentary Assembly
had a bare right to be consulted, and that was only where a particular Treaty article
mandated such consultation.
- Executive power was also divided in the original Treaty of Rome, although the Commission
was given considerable power in this respect; ‘watchdog’. The Council and the Assembly
also exercised certain executive responsibilities.
4. From EEC to SEA.
There were important developments in the period between EEC and SEA:
- The Community expanded through accession of new Member States.
1973: UK, Ireland and Denmark. 1981: Greece. 1986: Spain and Portugal.
- Tension between an ingovernmental view of the Community 1965. ‘Empty-chair’ policy.
Luxembourg Compromise/Accords: agreement to disagree over voting methods in the Council.
- European Political Co-operation 1973. Enhanced intergovernmentalism.
This enabled Member States to influence the content of secondary Community legislation.
- Agreement on direct elections to the Assembly 1976. Supranationalism.
- Agreement funding from the Community’s own role in the budgetary process 1969/1975.
- ECJ used the doctrine of direct effect.
- European Council in Milan established an intergovernmental conference (IGC) 1985 to discuss
Treaty amendment. The IGC generated the SEA.
2
