EU Law

Question 1

When did the momentum for (western) European integration begin?

Answer 1

After WWII, to avoid subsequent conflict

Question 2

What is close inter-governmental cooperation?

Answer 2

• National sovereignty to stay as it is
• Cooperation at gov level
• don’t create common institution
• 1960 creation of the European Free Trade Area (EFTA). Members left this then became a part of the EEC

Question 3

What is European Integration?

Answer 3

• Transfer of power from the state to the common institutions -> adopt legislation

Question 4

What started the European integration process?

Answer 4

The creation of the European Coal and Steel Community ECSC in the Treaty of Paris. Same principles apply in EU law. Expired in 2002, was a success.

Question 5

What was the ECSC?

Answer 5

• common market in coal and steel industries. Essential resources
• no barrier to import and export; no customs or internal duties on export and imports.
• no constraint on the volume of imports and exports. Can’t impose quotas of coal and steel from member states.
• France and Germany, a means to keep an eye on what Germany was doing with their coal and steel.
• Suspicion evaporated quickly

Question 6

Why is it good to have no customs duties?

Answer 6

If a state applies duties on imports from other states, that will make the products more expensive. No customs level the playing field.

Question 7

What did the Treaty of Paris set up?

Answer 7

Common institutions: commission, council, court etc. Given powers to legislate on the functioning of coal and steel communities.

Question 8

What does functionalism mean in relation to the common market principal?

Answer 8

Deter them from getting into disputes about competition for scarce resources. To prevent war. Management is then freed from politics.

Question 9

What is the European Economic Community EEC and EURATOM (European Atomic Energy Community)?

Answer 9

2 treaties signed in Rome in 1957. EEC will be transformed into EU laws.

Question 10

What is the goal of EEC?

Answer 10

• First step in the European integration process.
• always read the preamble
• not just to focus on the economy
• common policies: agriculture, competition, etc.

Question 11

What are the four freedoms of EEC?

Answer 11

1) Freedom of goods;
2) Freedom of movement of workers (employed);
3) Freedom of establishment and free movement of services (self-employed);
4) Free movement of capital

Can be exercised by people not economically active too, with some restrictions.

Question 12

What is neo-functionalism?

Answer 12

• More ambitious on functionalism (focus on parts of economy, coal and steel).
• collective pursuit of mutually beneficial goals leading to greater economic prosperity.
• Based on spill over. Broaden your scope in more and more areas.

Both are forms of supranationalism.

Question 13

Who are the principal actors in European integration?

Answer 13

common institutions set up by the Treaty of Rome

=> transfers of competences from the Member States to the common institutions.

Question 14

What is intergovernmentalism?

Answer 14

In the 1970s, intergovernmentalism starts to challenge the neo-functionalist approach. More pronounced in the 80s and 1990s.

Not challenging the European project, the EEC. Not saying it’s a mistake.

They argue that member states of the EEC should be the key actors of the European integration process.

Not the common institutions. Don’t have to transfer powers.

Question 15

What did the 1965 EEC treaty do?

Answer 15

Merged institutional framework, end up with 1 commission, 1 council, 1 national assembly (European parliament), 1 court.

Question 16

What was France’s ‘empty chair policy’?

Answer 16

France didn’t agree in 1965, for 6 months French did not sit for an agricultural decision. Needed all members to be present to reach a decision. Then, Luxembourg Accords, gives member state a right to veto things.

Question 17

How did the 1970s recession affect the common market?

Answer 17

Heavily impacted member states. European court of justice (court of justice of the EU) adopted a number of its key rulings.

Question 18

How was the EEC in the 1980s?

Answer 18

By the early 1980s, it was felt that significant adjustments were required.

Things were stalling. Still buyers who refused freedom of capital, freedom of movement.

Question 19

What is the Single European Act SEA?

Answer 19

Aim: completion of the internal market by 31 December 1992.

Based on White Paper by the then EC Commissioner for Trade & Industry, Lord Cockfield (former UK minister).

First treaty to amend the treaty of Rome. All restriction on the four movements should be achieved. Had to be ratified by all member states.

Question 20

Was the SEA just about economy?

Answer 20

In addition to the common market (economic integration), the SEA gave new powers to the EEC institutions in areas outside of economy.

For the first time gave EEC power in social policy, environment, and technology. Up until now, just the economy

Question 21

What was the British view on SEA?

Answer 21

White Paper came from a British commissioner, Thatcher thought Lord Cockfield was up to no good. 1 commissioner per member state makes up the commission, but they do NOT represent their member state.

Thatcher - supported European Integration, but it should be confined to economic integration.

President of the commission and Thatcher disagreed with their vision of what European Integration should be about. Thatcher (neo-functionalism). President, economy is just a first step, should develop into the social sphere.

Question 22

What is the Treaty on European Union (TEU): Creation of the European Union (EU)?

Answer 22

Signed in Maastricht in February 1992. ‘Treaty of Maastricht’.

European integration was clearly moving outside of just economy. Needed to make structural changes. Until this point, we talked about the European Economic Community.

Entry into force is conditional on ratification by ALL Member States - this applies to ALL EU treaties.

Each member state ratify the treaty according to their own constitutional rules. Ireland, they have to put it to a referendum. 69%in favour.
France, narrow yes. Negotiation for Denmark, passed on the second round.

Question 23

What is the 3-pillar structure? Part 1

Answer 23

Created EU in 1993. 3 pillars governed by 2 treaties.

Pillar 1 - EC: in effect was the EEC. Renamed. Governed by neo-functionalism. Power is transferred for all matters covered by the treaty, the freedoms etc. Acknowledge the fact that the institution is gaining powers beyond economy, so ‘economy’ is dropped from the name. Look at TEC treaty.

Treaty of Rome is renamed TEC. The term economy is dropped.

Question 24

What is the 3-pillar structure? Part 2

Answer 24

Pillar 2: CFSP

Pillar 3: Justice & Home Security Policy Affairs (JHA), renamed Police and Judicial Co-operation in criminal matters

2 and 3: closely cooperate at inter-governmental levels within the framework of the EU. But no transfer of power to the EU institutions. Governed by the treaty of European union, TEU.

All pillars together, the TEU.

Previously if you refer to laws created by pillar 1, it was EC law. Laws found in pillar 2 and 3, call it EU law. Now, everything is called EU law.

EU citizenship started. Free movement rights are not just EU citizens who exercise an economic activity. Differentiated (multi-speed) integration is allowed. Not all member states will agree to engage with further European integration at the same speed. As the number of member states expand, it becomes more difficult to reach full consensus. Agree on most things, and allow for divergent voices.

Protocol allowed UK to not take part in the European social chapter.

A few years down the line, allowed Euro to come about. The UK could opt out.

Question 25

Where did free movement come from?

Answer 25

The TEU. Free movement rights are not just EU citizens who exercise an economic activity.