Development of EU relations Flashcards
What is the EU ?
The European Union is a supranational political and economic union of 27 member states that are located primarily in Europe.
What countries comprise the ‘inner six’ ?
West Germany, France, Italy, Netherlands, Belgium and Luxembourg
What is the timeline of constitutional development of EU ?
- The Treaty of Paris 1951: established the ECSC
- The Treaty of Rome 1957: established EEC and Euratom
- The Single European Act 1986
- The Maastricht Treaty - TEU 1992
- The Amsterdam Treaty 1997
- The Treaty of Nice 2001
- The Treaty of Lisbon 2007 - TFEU
Explain the Treaty of Paris 1951 and the Treaty of Rome 1957
The Treaty establishing the European Coal and Steel Community (ECSC), or Treaty of Paris, was signed on 18 April 1951 and came into force on 25 July 1952. For the first time, six European States agreed to work towards integration.
The Treaties establishing the European Economic Community (EEC) and the European Atomic Energy Community (EAEC, otherwise known as ‘Euratom’), or the Treaties of Rome, were signed on 25 March 1957 and came into force on 1 January 1958. Unlike the ECSC Treaty, the Treaties of Rome were concluded ‘for an unlimited period’ which conferred quasi-constitutional status on them.
- The founders of the ECSC were clear about their intentions for the Treaty, namely that it was merely the first step towards a ‘European Federation’.
— The aim of the European Economic Community was to establish a common market based on the four freedoms of movement (goods, persons, capital and services).
— The aim of Euratom was to coordinate the supply of fissile materials and the research programmes initiated or being prepared by Member States on the peaceful use of nuclear energy. - The EEC Treaty’s provisions included:
— the elimination of customs duties between Member States;
— the establishment of an external Common Customs Tariff;
— the introduction of common policies for agriculture and transport;
— the creation of a European Social Fund;
— the establishment of a European Investment Bank;
— the development of closer relations between the Member States
Why was The Single European Act 1986 needed ?
Article 8 of the Treaty of Rome provided for the completion of a common market over a transitional period of 12 years, in three stages, ending on 31 December 1969.
In the 1960-s and 1970-s the objective of creating a common market between the Member States appeared to be unattainable due to the opposition from the Member States (often rejecting the Commission’s proposals for market harmonisation). A new commitment was required to bind the Member States to the objective of establishing a common market.
The Single European Act brought amendments to the Treaties establishing the European Communities and established European political cooperation. Once the Single European Act (SEA) entered into force, the title ‘European Parliament’(which the Assembly had used since 1962) was made official.
Explain The Single European Act 1986
The SEA made institutional and substantive changes to the Community legal order. Firstly, it increased the powers of the European Parliament in the legislative process and the procedure of concluding foreign agreements, as well as accepting new Member States. It also introduced majority voting in the Council, primarily for the adoption of laws needed for the establishment of the internal market. In terms of substantive changes, the SEA most significantly defined the objective of establishing an internal market, which is ‘an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured’. The SEA also established a deadline for the accomplishment of this task by 1992.
Explain The Maastricht Treaty 1992
The Maastricht Treaty in addition to the existing Community established a European Union and created a multi-pillar constitutional order. The first pillar included the previously existing three communities: the ECSC, EURATOM and the EEC – the latter was renamed to European Community (EC) . The second pillar included the Common Foreign and Security Policy (CFSP) and the third pillar was dedicated to Justice and Home Affairs (JHA). The EU competence varied from pillar to pillar: the second and third pillars were predominantly intergovernmental, with unanimity among the Member States required to adopt binding legal instruments, and with little involvement of the supranational institutions, i.e., the Court of Justice, the Commission and the European Parliament. In terms of institutional changes, the EU Treaty introduced the co-decision procedure, which gave the Parliament a co-equal role in relation to the Council in the legislation-making procedure in a number of areas of EU competence. It also established the objective of creating a monetary union. Importantly, the Treaty further established the concept of EU citizenship and expanded the competence of the EC in a number of new areas. Conversely, the Maastricht Treaty adopted the principles of subsidiarity and proportionality as – inevitably feeble – limitations on the Community’s legislative powers.
Explain The Treaty of Lisbon 2007
The Lisbon Treaty was aimed at rectifying the failed project of constitutional reform by overcoming the opposition to the ‘Constitution’. It amended the previously existing Treaties. The EC Treaty became the Treaty on the Functioning of the European Union -TFEU. The EU Treaty is currently called the Treaty on European Union - TEU.
In substantive terms, although the revision abandoned the term ‘constitution’ and preserved the two Treaties, it discarded the concept of the EC by replacing it with ‘European Union’ in all areas of EU action.
What does ‘Supranational’ mean ?
having power or influence that transcends national boundaries or governments.
Explain what is meant by ‘pooling of sovereignty’
This is when each Member state gives up a part of their sovereignty in order to be apart of a larger cause, namely a united Europe. Essentially it is the strengthening of a country’s resources by combining them with those of partner countries.
When did the UK formally withdraw from the EU ?
31st January 2020 and the Transition Period or – as the UK preferred to call it – ‘Implementation Period’ expired on 31 December 2020
Is EU law still applicable in the UK ?
EU Law is still applicable in the United Kingdom, by virtue of the Withdrawal Act 2018, in which S.2 and S.3 on Direct and Derived EU legislation and S.6 Retained EU case law. The statue essentially states that any direct legislation or retained caselaw such as decisions, directives and regulations that was enacted before the IP completion date is still applicable in the United Kingdom
How does The Rule of Law apply in EU Law ?
The EU is based on the rule of law: every action taken by it is founded on treaties approved voluntarily and democratically by all EU member countries. All new countries joining the EU must also respect the rights and obligations enshrined in: the European Convention on Human Rights.
Article 2 TEU includes the rule of law as one of the founding values of the EU. The specific nature of the EU as a political organisation determines the specific characteristics of EU law. The EU law has its own features, including its supremacy over national law, its effect on domestic legal systems and the consequences for its breaches.
What are the objectives of the EU ?
As established by Article 3 in TEU;
1. The Union’s aim is to promote peace, its values and the well-being of its peoples.
2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.
3. The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance.
It shall promote economic, social and territorial cohesion, and solidarity among Member States.
It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced.
4. The Union shall establish an economic and monetary union whose currency is the euro.
5. In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.
6. The Union shall pursue its objectives by appropriate means commensurate with the competences which are conferred upon it in the Treaties.
What are the key institutions that make up the EU ?
- European Parliament
- European Commission
- European Council
- Council of the European Union
- Court of Justice
