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Samenvatting European union law week 1 tm 6
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European union lawLecture 1-week 1
Integration
Integration to be understood various ways:
- Gradual elimination of economic frontiers between independent states (market
integration)
- Expansion of topics falling under EU competence (deepening)
- The geographical enlargement of
the union (widening)
Explaining European integration through theory
Used to explain the rationale of European integration
Focused more on political development rather than economic/legislative
Nevertheless shape the way EU takes action
Core integration theories:
- Intergovernmentalism
- Supranationalism
- Neofunctionalism
- Multilevel governance
,Original reasons for European integration
Origins of integration
(traced back to Post WWII- Europe)
Destruction of the war led to desire for lasting peace and prosperity
Need for united Europe strengthened due to cold war
In general, global realization that more international cooperation was necessary
Creation of various international organisations (e.g. UN, OECD,NATO, Council of
Europe)
Cooperation of different areas (economy, defence, human rights)
European coal and steel community
Treaty of Paris 1951
Eco and political
Common market for coal and steel
First IO with supranational character
4 principal institutions: High authority, Assembly, Council, Courst of justice
50 year lifespan, expired in 2002
European economic community
• Treaty establishing the European Economic Community - Treaty of Rome
• Establishing a Common Market
+competition policy + common commercial policy+ common agricultural policy + common
transport policy + progressive coordination of economic and monetary policies
• Parliamentary Assembly and Court of Justice shared with the ECSC; separate Council of
Ministers and the Commission
European atomic energy community
Euratom Treaty- Treaty of Rome 1957
Creating a specialist market for nuclear power in Europe
Developing nuclear energy and distributing it to its Member States
Selling the surplus to non-Member States
Merger Treaty 1965
Came into force in 1967
The institutions of ECSC, EEC and Euratom merged
Each Community remained legally independent
Parliamentary Assembly and Court of Justice: already shared
European Communities
, Single European Act 1987
First major revision of the roman Treaty
Increased powers of the EP: ‘Cooperation’ procedure (QMV IN council), veto on
accession of new MSs and international agreements
Court of first instance
Aim of progressively establishing the internal market by 31 dec 1992
Summits > European council (formally recognized)
European cooperation in the sphere of foreign policy added to the Treaty: exclusively
intergovernmental
Maastricht Treaty
• Creation of the EU
• -First Pillar(Community Pillar): EEC, ECSC, Euratom
• -CFSP: Council defines common positions, MSs conform
national polities
• -JHA: asylum, immigration, third country nationals,
cooperation in criminal law, judicial cooperation in civil matters,
police cooperation, establishment of Europol
Amsterdam Treaty 1999
Powers of EP further increased (extension of co-decision procedure)(cooperation
procedure only on EMU)
st
Community Pillar: visas, asylum, immigration moved to 1 pillar.
Integration of Schengen cooperation into EU framework.
nd
2 Pillar: Council given the power to conclude international agreements
rd
3 Pillar renamed ‘Police and Judicial Cooperation in Criminal Matters’. Providing
citizens high level of safety in an Area of Freedom, Security and Justice, by developing
common action in: police and judicial cooperation in criminal matters, prevention
and combating of racism and xenophobia
Treaty of Nice 2003
Preparation of 2004 enlargement: voting in Council, distribution of seats in EP,
Composition of Commission
Political approval of the EU Charter of Fundamental Rights
Lisbon treaty 2009
, Two constituent parts: Treaty on European Union; Treaty on the Functioning of the
European Union - same legal value
No pillar structure - CFSP still operates on distinctive rules
Union takes the place of the Community and has full legal personality
For the first time a formal procedure to be followed by Member States wishing to
withdraw from the EU: Article 50 TEU.
The Charter of Fundamental Rights becomes legally binding – same legal value as the
Treaties.
EP’s legislative powers have been increased: ordinary legislative procedure (replacing
co-decision procedure)
Standard voting system in Council will be QMV.
Formally recognizes the European Council as an institution.
President of European Council (represents the Union externally).
The office of the High Representative of the Union for Foreign Affairs and Security
Policy created.
European External Action Service
Nature of EU law:
- Supremacy
- direct effect
The supremacy of the EU law
Any norm of EU law takes precedence over any provision of national law, including national
constitutions.
Costa v. ENEL (Case 64/4) -facts-
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