Lecture 14.10.2011
The TEU 1992
Established the treaty on the EU
Did 2 things o Dropped the economic out of the EEC treaty o It created the European Union, combining the three pillars
Enthusiasm following the adoption of the SEA
TEU (or Maastricht Treaty) adopted in Feb 1992; entered into force in November 1993
Considerable amount of dissatisfaction: o Complexity o Ambivalence o Fragmentation
The TEU 1992 – Complexity
The TEU creates the EU: a new political entity
The TEU includes two new fields of activity to be pursued by the European Union: the Common Foreign and
Security Policy and Justice and Home Affairs
These areas of EU activity are not EC competencies
The TEU does not replace the EC Treaty; it amends it
Comparison of the structure of the EU with a Greek temple
The common roof (the EU)
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The first pillar – the EC
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The second pillar – the CFSP
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The third pillar – JHA
Arguments in favour o Common roof o Common institutions – the Council, the Commission, the EP and the Court o The same revision procedure
Arguments against o Two fundamentally different methods of implementation:
 The first pillar is characterised by the Community method
 The second and third pillars are characterised by the intergovernmental method o No financial autonomy o EC had legal personality; the EU does not
The TEU 1992 – Ambivalence
TOWARDS MORE INTEGRATION
Extension of competence: o Working conditions beyond health and safety at work o Consumers protection o Public health
Expansion of existing areas: o Environmental protection
The EEC is renamed the EC (now not just focused on economic matters)
European citizenship
Extension of qualified majority voting

Co-decision procedure (granted the European parliament more power, it could now block legislation it didn’t agree with)
At the same time, SOME SIGNS OF CAUTION
Subsidiarity – regulate which areas action can be taken at community level or at national level
EC can only act where it is empowered to do so
Introduction of complementary competences (also referred to as supportive competence e.g. education policy, tourism, sport)
Some important exclusions from EC competence (e.g. wages, right to strike, education syllabus)
The TEU 1992 – Fragmentation
Opt-outs (of legislation of EU and don’t have to participate in certain policy areas) secured in various fields of
Community action: o Social chapter o Third stage of the EMU
Schengen Agreement which took effect in 1995 (Ireland and UK opted out)
Talks about variable geometry, flexibility, enhanced cooperation...
The Amsterdam Treaty 1997
Aim of simplification in view of forthcoming enlargements
Signed in October 1997; entered into force in May 1999
!!! Renumbering
The Amsterdam Treaty reflects a more cautious approach, after the lessons learned with the TEU which had met with strong opposition
Further extended the scope of qualified majority voting in Council
Progress of European Social policy o No UK opt-out any longer o Sex equality (Article 141 EC) better protected o Article 13 EC: general non-discrimination clause o New Title VIII - !!! ambivalence
Enhanced cooperation
More dissatisfaction – fed up with all these treaties
Two major shortcoming o Does the EU need its own bill of rights? o Treaty of Amsterdam didn’t prepare EU for enlargement
Treaty of Nice 2001
Signed Feb 2001; entered into force in Feb 2003
It dealt mostly with reforming the institutions so that the Union could function efficiently after its enlargement to 25 member states
Extension of qualified majority voting to more areas of Community action, and in particular Article 13(2) on non-discrimination and Article 18(2) on citizenship
The proclamation of the EU Charter of Fundamental Rights – Not legally binding but nonetheless influential.
What next?
Difficult structure, multiplicity of texts
A convention brought together representatives of the MS, EP, national parliaments and Commission
Public debate in 2002 and 2003
In-depth reform of the Union proposed to make it more effective, more transparent, more comprehensible and closer to European citizens.
Wanted constitution

No Constitution BUT Lisbon Treaty
To enter into force, the Treaty had to be ratified by all the MS in accordance with their constitutional rules
(parliamentary ratification or referendum) o Ratification problems encountered most notably in France and the Netherlands in May and June
2005
“Period of reflection” on the future of Europe launched in June 2005
European Council of June 2007: agreement to convene an IGC to finalise and adopt, not a Constitution, but a reform treaty for the European Union
Treaty of Lisbon
Created two new treaties to replace previous framework
Abolition of three pillar structure created by Maastricht
Process was challenged before the national courts of Czech Republic and Germany