Introduction to European Information Session 1 – How did we get from the EEC to the EU?

Confused? It’s not your fault!

Connect… The European Court of Justice The Civil Service Tribunal The House of Lords The European Court of Human Rights The European Court of First Instance The European Court of Auditors

Treaties:primary legislation treaties setting up and amending the EC/EU accession treaties agreements with other countries such as Switzerland

Founding treaties Treaty establishing ECSC 1951 Treaty establishing EEC 1957 Treaty establishing Euratom 1957 (Merger Treaty 1965)

Amending treaties Single European Act 1986 Treaty on European Union 1992 Treaty of Amsterdam 1997 Treaty of Nice 2001 A Constitution for Europe?

Accessions W Germany, France, Belgium, Netherlands, Luxembourg, Italy 1973: Ireland, UK, Denmark 1981: Greece 1986: Spain, Portugal 1995: Sweden, Austria, Finland May 2004: 10 new members (A10) Jan 2007: Bulgaria and Romania (A2)

Nomenclature post-Maastricht EEC became European Community (EC) EC, ECSC and Euratom are European Communities European Communities plus 2nd and 3rd pillars are European Union

The EU: three pillars COMMON THE EUROPEAN JUSTICE & HOME COMMUNITIES FOREIGN & AFFAIRS SECURITY POLICY · Common policies and · Common Defence · Asylum Policy actions (i.e. Common WEU (Western Agricultural Policy, European Union) · Control on External Common Commercial Borders Policy, Environment, · All areas of Foreign Social Policy, and Security Policy · Immigration Cooperation and Development) · European Police · Economic & Monetary Office Union · Citizenship of the Union

Legal framework EU works in a framework of treaties which define: areas of jurisdiction role of EU institutions

The Four Freedoms Free movement of workers Free movement of goods Free movement of capital Freedom of establishment

The EEA European Economic Area 27 Member States plus Iceland, Liechtenstein and Norway they apply Internal Market legislation they are entitled to the Treaty Freedoms EEA is not a Customs Union

A Constitution for Europe? Why do we need a new Treaty? Following ratification problems the European Council of June 2005 launched a "period of reflection" on the future of Europe. At the European Council meeting in June 2007, European leaders reached a compromise and agreed to convene an IGC to finalise and adopt a "reform treaty" for the EU. See the IGC mandate at http://register.consilium.europa.eu/pdf/en/07/st11/st11218.en07.pdf

A Constitution for Europe? Items kept: A double majority rule for Council decisions (55% of member states and 65% of the EU's population need to support a proposed EU legislation to pass by qualified majority). However, due to fierce Polish opposition, the new voting system will only apply from 2014; extending qualified majority voting to 40 policy areas, especially those relating to as asylum, immigration, police cooperation and judicial co-operation in criminal matters; a permanent Council presidency to chair EU Summits for a two-and-a-half years renewable term instead of a six-month rotation; the post of a 'double-hatted' , High Representative of the EU for Foreign Affairs and Security Policy replacing the current EU High Representative for Foreign Affairs Javier Solana and the external relations commissioner. Due to reservations on the British side, the label EU Foreign Minister was dropped; reducing the number of Commissioners from 27 to 15 by 2014; strengthening national parliaments by giving them the right to raise objections against draft EU legislation, and; an exit clause was introduced making it possible for members to leave the EU.

A Constitution for Europe? Items dropped: The 'Constitution' label was discarded. The Reform Treaty will go back to the traditional method of Treaty change thereby amending both the EC and EU Treaties; reference to the symbols and anthem of the EU; the full text of the Charter of Fundamental Rights was replaced by a short cross-reference with the same legal value. However, due to strong British opposition, the Charter will not be legally binding in the UK; a reference to free and undistorted competition as the EU's goals was taken out at France's request; French President Nicolas Sarkozy argued that competition was not an end in itself. However, this will not raise doubts over the general competition policy competence of the Commission

A Constitution for Europe? New elements: Reference to new challenges, such as climate change and energy solidarity, especially encountering concerns by Lithuania and Poland about heavy energy dependence on Russia; applying opt-in/out provisions to some new policy provisions, such as policies on border checks, asylum and immigration, judicial co-operation in civil matters, judicial cooperation in criminal matters and police co-operation.

Problems? Paul Clarke paul@eueditorial.karoo.co.uk 01430-471123