Intro and principles of EU law

Question 1

When was the European Union first established?

Answer 1

1951

Question 2

What was the first treaty to be signed when the EU was first established?

Answer 2

European Coal and Steel Community Treaty

Question 3

How many member states were there originally?

Answer 3

6

Question 4

What was the Treaty of Rome and when was that signed?

Answer 4

1957

• European Economic Community Treaty (established the European Economic Community)
• Euratom Treaty (established the European Atomic Energy Community)

Question 5

Which was the first territory to withdraw from the European Communities and why?

Answer 5

• the coastal region of Algeria withdrew when it gained independence
• 1962

Question 6

What was signed in 1965?

Answer 6

Merger treaty

Question 7

When did the United Kingdom join the European Communities?

Answer 7

1973

Question 8

What was the Single European Act?

Answer 8

A Treaty signed by the Member States. It was designed to provide for the completion of a single internal market between those States.

Question 9

When was the Treaty of European Union/ The Maastricht Treaty signed?

Answer 9

1992

Question 10

What did the Treaty of European Union/ The Maastricht Treaty consist of? What were the 3 pillars?

Answer 10

• It created the European Union.
• The European Union was based on three pillars. The first pillar comprised the European Economic Community, although it was renamed simply as the European Community.
• The second pillar provided a framework for Member States to co-operate on specified matters relating to justice and home affairs.
• The third pillar provided a framework for Member States to adopt common positions on areas of foreign and security policy if they so wished.
• The Maastricht Treaty provided for two further reforms which did not apply to the United Kingdom.
  ○ The first development was the establishment of a new currency for Member States called the Euro along with the establishment of a European Central Bank. The United Kingdom government chose to negotiate an opt-out from this and to keep the pound as its currency.
  ○ The second development was the introduction of the Protocol on Social Policy / social chapter. This provided for further rights for workers beyond those previously provided by the treaty. It also dealt with other social policy issues. Again, the United Kingdom negotiated an opt-out from this.

Question 11

What did the European Economic Area Agreement establish?

Answer 11

Established the European Economic Area (EEA)

- interns market covering the European Union

Question 12

Which treaties introduced further reforms to the EU in the 90’s?

Answer 12

Treaty of Amsterdam (1997) and Treaty of Nice (2001)

Question 13

When was the charter of fundamental rights established?

Answer 13

2000

Question 14

What was the purpose of the Constitutional treaty signed in 2004?

Answer 14

The basic aim of this treaty was to provide a single constitutional framework for the European Union.

Question 15

What did the Lisbon treaty do?

Answer 15

• signed in 2007
• introduced more reforms
• abolished the three pillar structure
• renamed the EC Treaty as the Treaty on the Functioning of the European Union (TFEU)
• incorporated the charter of fundamental rights into the TEU

Question 16

What is Brexit and when did it happen?

Answer 16

• referendum held in 2016 in the UK
• 52% voted to leave
• referendum itself was not legally binding
• The process of withdrawing from the European Union was governed by article 50 of the Treaty on European Union.
• UK finally left the EU on 31st Jan 2020

Question 17

Which law prevails? Eu law or National law?

Answer 17

EU law overrides national law

Question 18

Which case established the principle of supremacy of EU law?

Answer 18

Costa v E.N.E.L
(Van Gend en Loos set the foundation for it though).
- now in Declaration 17

Question 19

What happened in the case of Costa?

Answer 19

FACTS:
The Italian government argued that there was nothing in the EEC treaty which enabled national courts to override national law on the basis that it was incompatible with the EEC treaty. This argument was rejected by Court of Justice.
HELD:
law stemming from the treaty cannot be overriden by domestic legal provisions (supremacy of EU law)
RATIONALE:
The EEC Treaty had established a new legal order in which the Member States had accepted on a reciprocal basis and in which they had limited their sovereign rights.

Question 20

Which cases confirm the absolutist approach the CoJ is taking to the principle of supremacy?

Answer 20

• Internationale Handelsgesellschaft (EU law must itself be interpreted and applied in accordance w fundamental rights)
• Simmenthal (applies to all national courts)