DEVELOPMENT OF THE EUROPEAN UNION.EU Law Revision Notes.

The Beginnings:

The concept of a union of the countries of Europe is not a new one.

From as long ago as WW2 and Winston Churchills initial statement regarding the necessity for a European Community, The concept has been quickly evolving into what it is today.

The real beginning, was the Schuman Declaration of 1950.

EU

Social Influence

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Political Influence

sEconomic Influence

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The Schuman Declaration. 1950

Involved the pooling together of coal and steel production.

Economic development, common high authority.

Created the foundations of the institutions today.

Aim was to give birth to Europe, create a single market, create a supranational nation.

“The peace of the world cannot be safeguarded without creative efforts to commensurate with the dangers which

threaten it.”

“War would not merely be

unthinkable… but materially

impossible.”

The Treaty of Paris 1952.

Otherwise known as the Treaty establishing the European Coal and Steel Community.

Was to fulfill the aims and objectives of the Schuman declaration.

MAIN ONE; To produce economic and diplomatic security to a post war Europe.

6 founding countries.

Schuman Declaratio

n

Treaty of Paris

Europe Declaratio

n

“By Signature of this treaty, the participatingParties give proof of their determination to Create the first supranational institution & thus They are laying the foundations for an organisedEurope.” Other countries also asked to join!!

Treaty of Rome 1957

Otherwise known as the Treaty establishing the European Community.

Set up the European Economic Community & EURATOM.

Followed the failed European Defence Community in 1954.

Established the Four Freedoms:

Free movement of;*Persons*Services*Goods*Capital

Objective 1

Objective 2

Common Market

Customs Union

Dev of Common Polices

Transform conditions of trade & manufacturing.

Functional step towardsUnification of Europe

Establishing a common Market, goal to promote l

Living standards, development etc.

Treaty abolishes quotas &Duties between states.

CAP, CTP, Transport,Creation of European socialFund. All about the WORKERS. FacilitateExpansion.

Treaty of Brussels 1965

• Is a Merger Treaty

• Replaced the 3 different councils;

• EEC, ECSC & EURATOM

• & the two separate commissions;

• EEC & EURATOM & The high authority (ECSC)

• With a single council & a single commission.

Regarded as being the real beginning of the European Union!

The Single European Act 1986.

Revised the Treaty of Rome

Stagnant economic growth, due to the economic dowfall.

Stuttgart declaration (1983) discussion on progress and how to develop the objectives of the treaty.

Amends the institutions, expands community powers, gives a date for completion of internal market development(1992)

Institutional

Changes

Qualified majority votingUnanimity no longerFormalised councilCourt of first instance!

Political Changes

To establish internal market. DeadlineSocial PolicyMore competitiveEnvironmental focus/COHENSION

New Mandate

Common foreign & security policy treaty required.Extension of powers & institutitional changes needed.

Treaty of Maastricht 1992.

• Treaty on the European Union.• Paves way to political integration.• Collapse of communism in East & German reunification led to the community feeling the need to Reinforce the communities goals.

Pillar 1

• The European communities

Pillar 2

• Common foreign and security policy

Pillar 3

• Police & Judicial co-operation in criminal matters.

To establish a common foreign & security policy.

To strengthen the democratic legitimacy of the institutions.

To establish an economic and monetary union.

To develop the communities social dimension.

To improve the effectiveness of the institutions.

Treaty of Maastricht…continued.

Pillar 1

• Domains where MS share sovereign rights with community institutions

• Community method.

Pillar 2

• Replaces SEA provisions• Involves intergovernmental decision making processes >> Unanimity.

Pillar 3

• Cohesion.• Union expected to undertake joint action to offer a high level of security to its citizens.

• Role of parliament expanded.

• Community policies introduced in trans-EU networks, industrial policy, consumer protection, educational training, youth & culture.

• SINGLE MARKET; Single currency deadline in 3 stages introduced.

• CITIZENSHIP INTRODUCED. Rights given to those residing in the EU.

• Principal of subsidiarity now a general rule; SEA only applied to environmental

• Key stage in EU construction; added a political dimension

• Next conference 1996.

Schengen Agreement 1985.

• Led to borderless Schengen area in 1995

• Abolition of border check at signatories borders (harmonisation of visa policies)

• 1990 Schengen convention; officialised the agreement. External borders >> no internal borders.

• UK opted out. 26 countries agreed.

• Outwith the EU until the Treaty of Amsterdam in which it was incorporated.

Treaty of Amsterdam 1997

Came into force in 1999. (Ratification process very long.)

Greater emphasis on citizenship.

More democracy; parliaments powers increased >> scope & decision making.

Simplifies the articles, renumbering & repealing obsolete articles.

Widened scope of community areas open to be legislated on.

Commission made more politically accountable > checked by parliament.

^^ Peacekeeping.

Treaty of Nice 2003

Enlargement process. QMV changes.

Number of seats changed in Parliament to accommodate new members.

Seats ^ but individual states seats down. (Germany & Luxembourg same.)

QMV definition changed.

Article 191; legal basis of parliament.

Presidential powers increased.

Article 217 ^

Internal chamber potential to deal with ECJ’s case load.

Taxation

Social Policy

Cohesion Policy

Asylum & Immigration policy

Common Commercial Policy

Commissions key areas.

Possible European Constitution 2004.

New president & a foreign minister

Smaller commission, formal inclusion of the ECHR, simpler legislative tools, more member state involvement in law making. Legal status for the EU, common EU law defense procedures, express primacy statements.

Failed during ratification process; France & Netherlands voted no.

Low turn out in elections for EP caused EU states to want to include member states more.

Reconsidered in 2007, dropped completely.

A lot of what was discussed and

agreed upon in the proposed

constitutional treaty found itself written into the Treaty of

Lisbon!!!

Treaty of Lisbon 2009.

Reformed the 2007 Treaty of Brussels

Referred to as the Treaty on the Functioning of the EU.

Didn’t replace previous treaties, just amended them.

Combined the Treaty of Maastricht with the Treaty of Rome.

European Council established as a full institution.

Article 288; new secondary legislation definitions.

ECHR incorporated; UK & Poland opted out from its internal application.

Treaty of Maastricht= overview treaty of objectives.

Treaty of Rome= dealing with substantive issues.

Constitutional architecture of EU even more complex.