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Samenvatting

EU Law Summary & Readings – Full Semester Notes (THUAS / European Law)

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Comprehensive and easy-to-follow EU Law summary covering all key chapters, treaties, and case law from Barnard & Peers’ European Union Law. Includes weekly breakdowns, essential readings, treaty articles (TEU & TFEU), landmark cases like Van Gend en Loos and Costa v ENEL, institutional structures, and summaries of EU history, legal order, and governance. Perfect for THUAS and other law students preparing for exams or essays — clear, structured, and ready to study!

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week 1
Barnard and Peers, European Union Law:
chapter 1, chapter 2.
laws

📝 quiz
The evolution of the European Union since 1945
Post-War Europe and the Start of the Cold War
In 1945, Europe lay in ruins after the devastation of the Second World War. The continent was
divided, with Germany split into occupation zones controlled by the Allies. The Cold War had
begun, with tensions rising between the Western powers, led by the United States, and the Soviet
Union, which dominated Eastern Europe.

Early Steps Toward European Cooperation
The Marshall Plan, launched in 1948, aimed to rebuild European economies and prevent the
spread of communism by fostering cooperation and economic recovery in Western Europe. The
division of Europe was further cemented by the formation of NATO in 1949, which provided
collective security against Soviet aggression, and the emergence of the Eastern Bloc behind what
Winston Churchill famously described as an "Iron Curtain" in 1946. The Berlin Blockade of
1948–1949, which was met by the Western Allies' airlift to supply the city, became an early
flashpoint of the Cold War.
Amid this backdrop, steps towards European cooperation began to emerge. The Council of
Europe was established in 1949 to promote human rights and democracy, though it remained
limited in power. Economic cooperation was increasingly seen as a path to lasting peace, driven
by the belief that interdependence would make future conflicts impossible. The United States




week 1 1

, strongly supported this process, seeing a united and prosperous Western Europe as a key bulwark
against Soviet influence.
The Schuman Declaration and the Birth of the ECSC
(this is where the history of the eu starts)
A major breakthrough came on 9 May 1950 with the Schuman Declaration, inspired by Jean
Monnet and pre-discussed with West German Chancellor Konrad Adenauer.
The declaration argued that world peace could only be safeguarded through creative efforts that
addressed the dangers threatening Europe. It emphasized that European unity would not be
achieved all at once or through a single plan but through concrete achievements that fostered de
facto solidarity. Schuman proposed that Franco-German coal and steel production, vital
industries for war, be placed under a common High Authority. This, he argued, would create the
first concrete foundation of a European federation and make war between France and Germany
not only unthinkable but materially impossible.
The Formation of the European Coal and Steel Community (ECSC)
This vision materialized on 18 April 1951 with the signing of the Treaty establishing the
European Coal and Steel Community (ECSC). Six founding member states—France, West
Germany, Italy, the Netherlands, Belgium, and Luxembourg—agreed to place their coal and
steel industries under a shared authority, marking the first step toward European integration.
Failures of Political and Defense Integration
Despite this initial success, attempts to create further political integration encountered
setbacks. The European Defense Community (EDC), proposed in 1952 to establish a joint
European army, failed when the French Parliament refused to ratify it in 1954. Along with
the collapse of the EDC, the related proposal for a European Political Community (EPC) also
fell through. As a result, European leaders turned to economic integration as a more feasible
path forward.

The Treaties of Rome and the Creation of the EEC and Euratom
This shift culminated on 25 March 1957 with the signing of the Treaties of Rome, which
established the European Economic Community (EEC) and the European Atomic Energy
Community (Euratom). The same six founding countries that created the ECSC agreed to work
together to create a common market, remove trade barriers, and promote economic growth. The
EEC aimed to establish a customs union and free movement of goods, services, capital, and
people, while Euratom sought to coordinate research and investment in nuclear energy.



week 1 2

, These two landmark rulings by the European Court of Justice (ECJ) defined key principles of
European law and its relationship with national laws. Crucial Case Law:

Van Gend en Loos (1963) and Costa v. ENEL (1964)

Costa v. ENEL (1964): This case Van Gend en Loos (1963): This case
established the principle of supremacy established the principle of direct
of European law, meaning that effect, meaning that European
European law takes precedence over Community law creates rights for
national laws if the two conflict. The individuals which they can directly
court ruled that member states cannot enforce before their national courts.
override European law with their The court stated that the European
national legislation because they have Community constitutes a "new legal
transferred some of their sovereignty to order" of international law for the
the European Community. benefit of which the states have limited
their sovereign rights.

These cases were crucial because they strengthened the legal authority of European
institutions and laid the foundation for the development of a European legal system that
binds member states together.

Merger Treaty (1965)

Also known as the Treaty of Brussels, was signed in 1965 and entered into force in 1967. This
treaty streamlined the European institutions by merging the executive bodies of the three
European Communities:

The European Coal and Steel Community (ECSC)

The European Economic Community (EEC)

The European Atomic Energy Community (Euratom)

The treaty created a single Council of Ministers and a single European Commission, which
simplified decision-making and increased efficiency. This was a significant step toward unifying
the governance of the European Communities, which would later become the European Union.

First Enlargement of the European Communities (1973)
The first enlargement of the European Communities took place in 1973, when three new
countries joined the original six founding members. The new members were:




week 1 3

, Denmark

Ireland

United Kingdom

This enlargement was significant because it expanded the economic and political reach of the
European Communities. It also brought new perspectives and interests, making decision-making
more complex but also more representative of the broader European region.

The accession of the UK was especially notable because the country had initially been skeptical
of European integration but later recognized the economic benefits of membership.

Creation of the European Council (1974)
In 1974, European leaders decided to establish the European Council, which became a key
institution for guiding the direction of European integration. The European Council brought
together the heads of state or government of member countries, along with the President of the
European Commission.

The European Council became the highest-level political body of the European Communities,
responsible for setting overall priorities and resolving major political issues. It played a crucial
role in shaping the future of European integration and became an official EU institution with the
Treaty of Lisbon (2009).
Agreement on Direct Elections for the European Parliament (1979)

Before 1979, members of the European Parliament (MEPs) were appointed by national
parliaments. In 1976, the member states agreed that MEPs should be elected directly by the
citizens of the European Community. The first direct elections took place in 1979, marking a
significant step towards greater democratic legitimacy and representation for European citizens.

The direct elections transformed the European Parliament from a consultative assembly into a
body with growing political influence. Over time, its legislative powers expanded, making it a
central institution in the European Union’s decision-making process.

The Single European Act (SEA) and the Maastricht Treaty
The Single European Act (SEA) and the Maastricht Treaty are two key milestones in the
evolution of the European Union (EU), marking significant changes in the structure, function,
and governance of European integration.




week 1 4
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