Session 1. The Historical Development of the EU (from Paris to Lisbon): A Constitutional Analysis

Question 1

When was the European Coal and Steel Community established?

Answer 1

Treaty of Paris, 1951

Question 2

What was the process of functional integration for the ECSC?

Answer 2

A functional integration which placed the production of coal and steel placed under a common High Authority,
open to membership for other countries.
Setting up of common foundations for economic development as a first step in the federation of Europe. Would be broadened step by step, and then encompass economic, social and political realms.

Question 3

What are the characteristics of the ECSC

Answer 3

• 6 member states
• A common market : free circulation of goods, with no additional fees, of people and capital
• 4 institutions : High Authority, the Assembly, the Council and the Court
• High Authority is the supranational heart of the community, and makes binding decisions

Question 4

What does supranational mean?

Answer 4

Decisions are superior to that of governments and national states, which doesn’t require unanimity but majority, no veto

Question 5

What happened to the European Defence Community?

Answer 5

In 1953, there was a willingness to create a European army and create a political community. But the French Parliament rejected the ratification of the treaty in 1954. Led to a focus on economic integration

Question 6

When was the European Economic Community created?

Answer 6

Treaty of Rome 1957, Paul Henri Spaak tasked with writing a report on the creation of this economic community,

Question 7

What was the intention behind the ECJ?

Answer 7

motor of economic integration and idea of mutual recognition, through negative integration by filling the gaps with principles.

Question 8

What is a common market?

Answer 8

Defined by the CJEC during the Gaston Schul Douane Expediteur case as a “The concept of a common market as defined by the court in a consistent line of decisions involves the elimination of all obstacles to intra-community trade in order to merge the national markets into a single market bringing about conditions as close as possible to those of a genuine internal market”

Question 9

When did the Hague Summit happen?

Answer 9

1969

Question 10

What were the policies adopted afterwards?

Answer 10

3 intergovernmental policies:

• European Political community, common foreign policy and increase solidarity
• Intergovernmental cooperation: justice, home affairs
• European Council : head of governments discuss several questions

Question 11

When was the Maastricht Treaty signed?

Answer 11

1992

Question 12

What are the three pillars?

Answer 12

• Supranational : European Community
• Common Foreign and Security Policy : Intergovernmental
• Justice and Home Affairs : Intergovernmental

Question 13

What are the two treaties that emerge?

Answer 13

The TEU and TEC

Question 14

What did the Amsterdam treaty do?

Answer 14

Divided the 3rd pillar, and moved the free movement of people to the 1rst pillar, turning the 3rd pillar into Police and Judicial Cooperation in Criminal Matters.

Question 15

What was the context in which the Treaty of Lisbon emerged?

Answer 15

In 2004, the constitutional treaty was rejected by referendums in France and in the Netherlands.

Question 16

Under the Lisbon Treaty what happened to the treaties?

Answer 16

In 2007, the TEU remained and the TEC became the Treaty on the Functioning of the European Union

Question 17

What happened to the pillards?

Answer 17

They became merged into the EU, and the communities disappeared.
2nd pillar decision making remained intergovernmental, requiring the unanimity of the Council.
3rd pillar fully transferred to the first pillar.

Question 18

3 characteristics of the EU?

Answer 18

• An economic and monetary Union : article 3 paragraph 3 of the TEU establish an internal market, defined by article of TFEU definition “comprise an area without internal frontiers, in which the free movement of goods, persons, services and capital is ensured.”
• A political Union : common foreign and security policy
• A union of Citizens : citizenship as a supplementary characteristic.

Question 19

What was the situation in the Cassis de Dijon case?

Answer 19

Import an alcoholic beverage in Germany, but faced with fixed minimum alcohol content of 25% when in France it is between 15 and 20%

Question 20

What was the question brought forth and the result?

Answer 20

Does the minimum alcohol constitute an effect equivalent to a quantitative restriction on imports contrary to article 30 of the EEC Treaty + prohibition on all discrimination regarding the conditions under which goods are procured and marketed between nationals of Member States?

Does not serve a purpose in the general interest, so cannot take precedence over the requirement of the free movement of goods.

Question 21

Who coined the term Multilevel Constitutionalism?

Answer 21

Pernice

Question 22

Define multilevel constitutionalism

Answer 22

It describes the ongoing process of establishing new structures of government complementary to and building upon existing forms of self organisation of the people or society.

Question 23

Why would EU be a form of multilevel constitutionalism

Answer 23

The European constitution = primary law different treaties, laws, precedents + national constitutions. Two layers that are interwoven and interdependent.

Question 24

What are the 5 main characteristics of this multilevel constitutionalism

Answer 24

1. Postnational concept of constitution
2. European Constitution-making as a process driven by citizens (European treaies adopted and developed as an expression of the common will
3. The constitution of the European Union and national constitutions: constitutional levels depend on one another,
4. Multiple identities of the citizens of the Union: new citizenship as the expression of their common legal satus
5. The EU as the Union of the European Citizens : allocation of powers shared by national and European levels of governemen is continuously reorganised and re-shiftedwhile public authority draws its legitimacy from the same citizens

Question 25

Who called the EU an international legal experiment?

Answer 25

de Witte

Question 26

To what extent can we consider that the EU is a sui generis construction?

Answer 26

Started as an ambitious international experiment
Which was affected by the practice of the states, that wanted to conserve sovereignty diminish supranational component and explore new forms of inter state cooperation
Is constantly evolving through judicial and doctrinal interpretation, as a new legal order under Costa v Enel and Kadi cases

Question 27

What have judicial and doctrinal interpretations brought to the EU?

Answer 27

Defined the EU as a new legal order (costa v enel)
Autonomous (Kadi)
Direct effect of provisions in domestic legal systems (Van Gend en Loos)
Primacy over conflict national law
Broad and flexible nature of EU competences

Question 28

What did Wyatt and Dashwood say about the EU?

Answer 28

It is a a developed form of international organization which displays characteristics of an embryonic federation’