1.1 European integration: objectives,
principles and values
1.1.1 An Ever Closer Union
‘an ever closer union among the people of Europe’
o Is asserted in EU law since 1957
o Must be understood in light of post-World War 2 traumas
o The founding Member States agreed to engage in an ambitious
political and legal project, primarily articulated in economic terms
With a view to reunifying the continent
The aim to create an ever closer union
o Sometimes mistakenly perceived as enabling a never-ending
expansion of EU powers
It is a more nuanced commitment to build a common future,
which allows different paths to be chosen by agreement
1.1.2 Equality and Sincere Cooperation
The central objective builds on two indispensable principles
o A first precondition for any serious attempt to pacify Europe was to
avoid the mistakes of the past such as humiliating a country (1)
o The EU must respect the equality of member states under the
treaties on which is founded
Every Member State that signs up to those treaties will be
represented equally
o The equality between Member States also applies to the citizens of
each Member State, all having been granted the status of European
citizen since the early 1990
The latter have been protected against discrimination on
grounds of nationality
Such as in the field of employment
There are settings in which intense negotiations on institutional rules have
resulted in acknowledgment of the factual diversity and specificities of
various Member States
o In an EU, the legal presumption of equality comes with nuances
This because there are many members
From the perspective of EU law
o These nuances do not call into question the fundamental premise:
balance with a view to reunification can only result from the
presumption of equality between Member States, unless otherwise
carefully articulated withing EU law
Equality of Member States is combined with respect for their national
identities
, o The latter are understood to be inherent in the fundamental
structures of Member States, political and constitutional, inclusive of
regional and local self-government
Multiple provisions of EU law, and examples of case law, illustrate
deference to national organs for the protection of sensitive interests
balance must be found between national divergences and the general
interests of the EU
The second precondition of the European project to be successful is
reliance on the principle of sincere cooperation (2)
o The EU and the Member States have always been expected to jointly
contribute to achieving the objectives of the process of EU
integration
o They must do so in full respect for each other, including in reciprocal
relations between Member States
On the one hand, Member States shall ensure the fulfilment of their
obligations and facilitate the achievement of the EU’s objectives
On the other hand, Member states shall refrain from any measure which
could jeopardise the attainment of the EU’s objectives
o As for EU institutions, they are expected to practice mutual sincere
cooperation and act in line with the delicate balance of powers and
interests that they represent at European level
These two central principles of European integration:
o Equal treatment among Member States and the principle of sincere
cooperation act as political compasses for the EU integration
process
They also produce legal effects and may be used to shed the
light on compliance of actors with EU law
This is intended to pave the way for a spirited collaboration
between Member States, which is also referred to in terms of
solidarity
1.1.3 Founding Values and Mutual Trust
These principles are themselves grounded in a set of values, common to
the Member States and providing the foundations of the EU construct
o These values have not always been explicitly asserted in the
founding treaties
But now, they can be found in an important provision of the
TEU, Article 2
The EU legal order is based on the fundamental premise that its Member
States share and recognise the founding values listed in Article 2 TEU
o Therefore, it is often said that there is mutual trust between the
Member States
That trust is understood to
o Create a presumption that those values will be recognised by all
Member States, and that EU law that implements these values will
be respected
Article 2 TEU has gained renewed attention in recent years
, o There were concerns expressed about the risks of serious breaches
of the rule of law, and the question of how to sanction them
Rule of law
o Not defined in the EU traties
o The EU legislator recently stressed that respect for the rule of law is
understood to be an essential precondition for compliance with the
principles of sound financial management in the EU
In this context, the rule of law includes the principles of
legality, legal certainty, prohibition of arbitrariness of the
executive powers, effective judicial protection, separation of
powers and non-discrimination and equality before the law
The treaty on the Functioning of the European Union (TFEU)
o This prohibits discrimination among the nationals of the Member
States
Certain provisions of the treaties
o They allow for the further adoption of EU legislation, giving flesh to
some of the values listed in Article 2 TEU
Such as the principle of non-discrimination, to which
expression is given in several directives implementing the
principle of equal treatment between persons irrespective of
sex, racial or ethnic origin, disability etc.
Most of the guidance on the founding values is not actually found within
the treaties, but elsewhere
o Art. 6 TEU acts as a bridge between the treaties and other sources
of EU law
o In 2009, this article granted the Charter of Fundamental Rights of
the European Union (CFEU) the same legal values as the treaties
The union now recognises the rights, freedoms and principles
it contains
The European Convention on Human Rights (ECHR)
o A legal instrument belonging to a different legal order, that of the
Council of Europe that of the Council of Europe
It has a significant influence on the definition of EU values
General principles of EU law, which have been developed through the
Court of Justice’s case law, provide guidance on what the EU’s key values
are
1.2 A unique form of regional integration
The EU was conceived an further developed as a unique form of regional
integration
o It differs from other models of regional integration because it
encompasses a particularly ambitious range of policy areas
And deploys powerful tools so that its rules can be
implemented
, 1.2.1 An ambitious Integration process
Regional integration may vary in scope and range
Free trade area
o A group of two or more customs territories in which duties and other
regulations having a restrictive effect on commerce, with
exceptions, are eliminated on substantially all trade between the
constituent territories in products originating in such territories
o It therefore ensures free trade between the contracting parties, so
the Member States of the EU in our case
Example; if you buy something in Germany, you can take in to
Belgium without having to pay customs duties
Customs union
o More ambitious than a free trade area
o This is what exists in the EU
o There is a single customs territory instead of two or more customs
territories
o These territories apply substantially the same duties and other
regulations of commerce to the trade of territories from outside the
contracting parties
The EU offers more than a customs union
o It seeks to establish its own internal market
o This includes a customs union, which covers all trade in goods with
free movement between the Member States, as well as a common
customs tariff
o It also provides for a common market
Common market
o The free movement of persons, services and capital is ensured an
where progress eliminating obstacles to movement leads to
asserting the existence of an internal market in an area without
internal frontiers, to which we return subsequently
Example: I am a national of a Member State of the EU,
working in another Member State of the EU, under the same
conditions as the nationals of the host state
I benefit from the free movement of workers in the EU
This relies on a set of common rules facilitating the
functioning of the internal market, such as those on the
rights of family members of migrant workers
The EU also includes many policies supporting the establishment of an
internal market, such as a common competition policy, transport policy
etc.
o These policies allow the EU to develop tools for the achievement of
common objectives in these fields
Such as common requirements for the safe and efficient
provision of air navigation services in the single European sky
The EU allows the nationals of the Member States, who hold the
fundamental status of EU citizens to move and reside within the EU even if
principles and values
1.1.1 An Ever Closer Union
‘an ever closer union among the people of Europe’
o Is asserted in EU law since 1957
o Must be understood in light of post-World War 2 traumas
o The founding Member States agreed to engage in an ambitious
political and legal project, primarily articulated in economic terms
With a view to reunifying the continent
The aim to create an ever closer union
o Sometimes mistakenly perceived as enabling a never-ending
expansion of EU powers
It is a more nuanced commitment to build a common future,
which allows different paths to be chosen by agreement
1.1.2 Equality and Sincere Cooperation
The central objective builds on two indispensable principles
o A first precondition for any serious attempt to pacify Europe was to
avoid the mistakes of the past such as humiliating a country (1)
o The EU must respect the equality of member states under the
treaties on which is founded
Every Member State that signs up to those treaties will be
represented equally
o The equality between Member States also applies to the citizens of
each Member State, all having been granted the status of European
citizen since the early 1990
The latter have been protected against discrimination on
grounds of nationality
Such as in the field of employment
There are settings in which intense negotiations on institutional rules have
resulted in acknowledgment of the factual diversity and specificities of
various Member States
o In an EU, the legal presumption of equality comes with nuances
This because there are many members
From the perspective of EU law
o These nuances do not call into question the fundamental premise:
balance with a view to reunification can only result from the
presumption of equality between Member States, unless otherwise
carefully articulated withing EU law
Equality of Member States is combined with respect for their national
identities
, o The latter are understood to be inherent in the fundamental
structures of Member States, political and constitutional, inclusive of
regional and local self-government
Multiple provisions of EU law, and examples of case law, illustrate
deference to national organs for the protection of sensitive interests
balance must be found between national divergences and the general
interests of the EU
The second precondition of the European project to be successful is
reliance on the principle of sincere cooperation (2)
o The EU and the Member States have always been expected to jointly
contribute to achieving the objectives of the process of EU
integration
o They must do so in full respect for each other, including in reciprocal
relations between Member States
On the one hand, Member States shall ensure the fulfilment of their
obligations and facilitate the achievement of the EU’s objectives
On the other hand, Member states shall refrain from any measure which
could jeopardise the attainment of the EU’s objectives
o As for EU institutions, they are expected to practice mutual sincere
cooperation and act in line with the delicate balance of powers and
interests that they represent at European level
These two central principles of European integration:
o Equal treatment among Member States and the principle of sincere
cooperation act as political compasses for the EU integration
process
They also produce legal effects and may be used to shed the
light on compliance of actors with EU law
This is intended to pave the way for a spirited collaboration
between Member States, which is also referred to in terms of
solidarity
1.1.3 Founding Values and Mutual Trust
These principles are themselves grounded in a set of values, common to
the Member States and providing the foundations of the EU construct
o These values have not always been explicitly asserted in the
founding treaties
But now, they can be found in an important provision of the
TEU, Article 2
The EU legal order is based on the fundamental premise that its Member
States share and recognise the founding values listed in Article 2 TEU
o Therefore, it is often said that there is mutual trust between the
Member States
That trust is understood to
o Create a presumption that those values will be recognised by all
Member States, and that EU law that implements these values will
be respected
Article 2 TEU has gained renewed attention in recent years
, o There were concerns expressed about the risks of serious breaches
of the rule of law, and the question of how to sanction them
Rule of law
o Not defined in the EU traties
o The EU legislator recently stressed that respect for the rule of law is
understood to be an essential precondition for compliance with the
principles of sound financial management in the EU
In this context, the rule of law includes the principles of
legality, legal certainty, prohibition of arbitrariness of the
executive powers, effective judicial protection, separation of
powers and non-discrimination and equality before the law
The treaty on the Functioning of the European Union (TFEU)
o This prohibits discrimination among the nationals of the Member
States
Certain provisions of the treaties
o They allow for the further adoption of EU legislation, giving flesh to
some of the values listed in Article 2 TEU
Such as the principle of non-discrimination, to which
expression is given in several directives implementing the
principle of equal treatment between persons irrespective of
sex, racial or ethnic origin, disability etc.
Most of the guidance on the founding values is not actually found within
the treaties, but elsewhere
o Art. 6 TEU acts as a bridge between the treaties and other sources
of EU law
o In 2009, this article granted the Charter of Fundamental Rights of
the European Union (CFEU) the same legal values as the treaties
The union now recognises the rights, freedoms and principles
it contains
The European Convention on Human Rights (ECHR)
o A legal instrument belonging to a different legal order, that of the
Council of Europe that of the Council of Europe
It has a significant influence on the definition of EU values
General principles of EU law, which have been developed through the
Court of Justice’s case law, provide guidance on what the EU’s key values
are
1.2 A unique form of regional integration
The EU was conceived an further developed as a unique form of regional
integration
o It differs from other models of regional integration because it
encompasses a particularly ambitious range of policy areas
And deploys powerful tools so that its rules can be
implemented
, 1.2.1 An ambitious Integration process
Regional integration may vary in scope and range
Free trade area
o A group of two or more customs territories in which duties and other
regulations having a restrictive effect on commerce, with
exceptions, are eliminated on substantially all trade between the
constituent territories in products originating in such territories
o It therefore ensures free trade between the contracting parties, so
the Member States of the EU in our case
Example; if you buy something in Germany, you can take in to
Belgium without having to pay customs duties
Customs union
o More ambitious than a free trade area
o This is what exists in the EU
o There is a single customs territory instead of two or more customs
territories
o These territories apply substantially the same duties and other
regulations of commerce to the trade of territories from outside the
contracting parties
The EU offers more than a customs union
o It seeks to establish its own internal market
o This includes a customs union, which covers all trade in goods with
free movement between the Member States, as well as a common
customs tariff
o It also provides for a common market
Common market
o The free movement of persons, services and capital is ensured an
where progress eliminating obstacles to movement leads to
asserting the existence of an internal market in an area without
internal frontiers, to which we return subsequently
Example: I am a national of a Member State of the EU,
working in another Member State of the EU, under the same
conditions as the nationals of the host state
I benefit from the free movement of workers in the EU
This relies on a set of common rules facilitating the
functioning of the internal market, such as those on the
rights of family members of migrant workers
The EU also includes many policies supporting the establishment of an
internal market, such as a common competition policy, transport policy
etc.
o These policies allow the EU to develop tools for the achievement of
common objectives in these fields
Such as common requirements for the safe and efficient
provision of air navigation services in the single European sky
The EU allows the nationals of the Member States, who hold the
fundamental status of EU citizens to move and reside within the EU even if
