• Aims

– Historical development– Evolution of the EC Treaty since 1957 to

date– Brief examination of the EC Treaty

Introduction to European Union Law

The History of the European Union

• Post World War Two

• Need to secure lasting peace in Europe

• Establishment of the first of the European Communities:– European Coal and Steel Community

(ECSC) 1951 Treaty of Paris

ECSC

• Treaty of Paris 1951

• Common market for coal and steel

• Economic integration to secure lasting peace in Europe

Treaty of Rome 1957

• Established the European Economic Community(EEC)

• Second Treaty of Rome established European Atomic Energy Community (EURATOM)

Treaty of Rome 1957

• Established European Economic Community (EEC)

• Signed by 6 founding Member States

• Member States agreed to abide by provisions of this Treaty

• (Germany, France, Italy, Netherlands, Belgium and Luxembourg)

Evolution of EEC Treaty

• Single European Act 1986

• Treaty on European Union 1992 (thereafter EEC Treaty becomes the EC Treaty)

• Treaty of Amsterdam 1997

• Nice Treaty 2001

Amending the EC Treaties

• Amendments to Treaties are discussed/negotiated and drafted at Inter-governmental conferences

• Requires unanimous agreement of all the Member States

• Followed by ratification in each Member State

Enlargement

• 1973– UK, Denmark & Ireland

• 1981– Greece

• 1986 – Spain and Portugal

1986 Single European Act

• Amends EEC Treaty– To speed up decision making– Increased powers of the European Parliament– Established Court of First Instance– Aim to establish Internal Market by 1992– Added new areas of Community competence

(example-environmental protection)

The Treaty on European Union 1992

• Signed in Maastricht February 1992– Established the European Union– The EEC became the EC– Certain provisions of the Treaty related to

the establishment of the European Union – Others related specifically to the EEC (now

EC) and specifically amended the EEC Treaty

The Treaty on European Union 1992

• Changes to the EC Treaty– Broader Community aims and wider

Community competencies (Arts 2 & 3)– Timetable for Economic and Monetary Union

(EMU)– Introduced concept of European Citizenship– Increased powers of the European Parliament

in law making procedures

The European Union

• The Union shall be founded on the European Communities, supplemented by policies and forms of co-operation established by this Treaty

• Three pillars of the EU• EC Pillar (central pillar)• Common Foreign and Security Policy

(intergovernmental)• Justice and Home Affairs (intergovernmental)

The Treaty on European Union 1992

• EC Treaty-as amended

• EC the ‘first pillar’ of the European Union

• supranational

• Treaty on European Union

• Deals with the two ‘flanking pillars’ of the EU- – Common Foreign and

Security Policy– Justice and Home Affairs

Further Enlargement

• Membership increases from 12 to 15

• 1995– Austria– Sweden– Finland

The Treaty of Amsterdam 1997

• Came into effect on May 1st 1999

• Aims- to consolidate rather than extend Community powers

• Known as a ‘vanishing Treaty’ since its provisions existed only to make amendments to the other Treaties.

The Treaty of Amsterdam 1997

• Amended EC Treaty– incorporation into EC Treaty of large parts of the former third

pillar on Justice and Home Affairs (now found in Articles 61-69 EC Treaty)

– General tidying up of the Treaty and subsequent renumbering of articles

– widened scope of EC competencies– introduction of broadly stated anti-discrimination provision

(Art 13)– Extension of use of co-decision law making procedure

(strengthens role of EP)

The Treaty of Amsterdam 1997

• Amended TEU provisions relating to the twin intergovernmental pillars

• In particular – third pillar becomes Police and Judicial Co-operation in

Criminal Matters– incorporation into EC Treaty of large parts of the former third

pillar on Justice and Home Affairs (now found in Articles 61-69 EC Treaty)

The Nice Treaty 2001

• Signed in February 2001

• Came into effect in February 2003

• Aims to prepare Community for propsed enlargement in 2004

The Nice Treaty 2001

• Amended EC Treaty • Amends TEU– Art 43- enhanced co-

operation between Member States

– new provisions allowing for suspension of Member States

The Nice Treaty 2001

• changes relating to the size of the institutions in advance of enlargement

• reweighting of votes in qualified majority voting procedure and increase in QMV to speed up decision making

• increased power for European Parliament through extension of co-decision

• changes to the judicial system and establishment of ‘judicial panels’

Treaties

• Consolidated version of the Treaty establishing the European Community

• (EC Treaty)• www.eurlex.eu.int• www.europa.eu.int

• Consolidated version of the Treaty on European Union

• (TEU)

Post Nice

• Declaration (23) on the Future of the Union

• deeper and wider debate about the future of the European Union

• (1)delimitation of powers between the EU and the Member States

• (2) the status of the Charter of Fundamental Human Rights• (3) simplification of the Treaties• (4) The role of the national Parliaments

The Laeken Declaration

• European Council meeting in Laeken

• December 2001

• Agreement to convene a Convention on the Future of Europe

• To ‘pave the way’ for the next IGC in 2004

The Convention

• Convention on the Future of Europe

• Chaired by Mr V Giscard d’Estaing

• 105 people

• Extensive network of debate involving civil society

The Convention

• Agreement on the Constitutional Treaty in 2004

• Requires ratification by all Member States

The Constitution

• An elected President

• A Foreign Minister

• Reduced Commission size (15)

• Charter of Fundamental Rights to become legally binding

• One constitutive Treaty

• Possibility for MS to withdraw

http://european-convention.eu.int

Enlargement

• May 2004

• Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia,Slovenia

• Membership of 25 Member States

The EC Treaty

• Article 2 sets out the aims of the Community– a common market– an economic and monetary union– harmonious, balanced and sustainable development of economic activities– high level of employment and social protection– equality between men and women– sustainable and non-inflationary growth– a high degree of competitiveness and convergence of economic

performance– a high level of protection and improvement of the quality of the environment– the raising of the standard of living and quality of life– economic and social cohesion– solidarity among Member States

The EC Treaty

• Article 3

• the specific activities to be carried out

• Art 3 defines the competencies of the EC

• The Community can legislate in these policy areas

Other key articles

• Article 7- establishment of the institutions of the European Union

• Article 12-prohibition of any discrimination on the grounds of nationality in relation to anything falling within the scope of the EC Treaty

Article 10

• Member States shall take all appropriate measures, whether general or particular, to ensure fulfillment of the obligation arising out of this Treaty resulting from action taken by the institutions of the Community. They shall facilitate the achievement of the Community’s tasks.

• They shall abstain from any measure which could jeopardise the attainment of the objectives of this

Treaty.

Summary

• Evolution of EEC Treaty

• EEC became EC in 1992

• Establishment in 1992 of European Union

• EC Treaty defines scope of Community activities (Arts 2 and 3)

• Member states obliged to fulfil their obligations under the Treaty (Art 10)

• Enlargement from 6- 25 with prospective future enlargement to 28

• Constitutional Treaty