Introduction to European
Union Law
• Aims
– Historical development
– Evolution of the EC Treaty since 1957 to
date
– Brief examination of the EC Treaty
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
• Treaty on European
Union
• EC the ‘first pillar’ of
the European Union
• Deals with the two
‘flanking pillars’ of the
EU-
• supranational
– 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 6169 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 6169 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 cooperation 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
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•
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
http://european-convention.eu.int
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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
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
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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
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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