1. European Union Law
Law 326
Spring Semester 2013

2. Establishment and Development of the EU
EU Law
Week 1
Establishment and Development of the EU

3. EU Law Outline: I. Background
II. Establishment and Integration of the European Union
1. ECSC
2. EEC and EURATOM Treaties
3. Single European Act
4. Maastricht Treaty
5. Treaty of Amsterdam
6. Nice Treaty
7. Lisbon Treaty
III. Enlargement
IV. Widening and Deepening EU

4. EU Law
I. Background

5. EU Law
Need for a new model of political cooperation in Europe after the Second World War
German military threat and need to restabilize relations between France and Germany after the war
Threat posed by the Soviet Union (increasing influence and power in East Europe)

6. EU Law New examples of International Cooperation: Worldwide:
- IMF (1944)
- United Nations (1945)
In Europe:
- Congress of Europe (1948) and Council of Europe (1949)
- NATO (1949)

7. EU Law Marshall Plan - USA provides Financial Aid for Europe
- Establishment of OEEC in 1948
(and OECD in 1960)

8. EU Law Council of Europe
1948 – Congress of Europe (Hague) : European Unity
1949 – Statute on the Council of Europe
Committee of Ministers and Parliamentary Assembly
1950 – European Convention of Human Rights
Commission and Court of Human Rights

9. II. Establishment and Integration of the European Union
EU Law
II. Establishment and Integration of the European Union

10. European Coal and Steel Community
EU Law
European Coal and Steel Community
(ECSC)

11. EU Law - Monnet Plan and Schuman Declaration
European Coal and Steel Community
- Monnet Plan and Schuman Declaration

12. EU Law European Coal and Steel Community
– Paris : “The original 6” (Paris Treaty)

13. EU Law European Coal and Steel Community Four Institutions :
High Authority, Assembly, Council, Court
Binding power
Transfer of competence
 1st step towards European Integration

14. European Economic Community
EU Law
EURATOM and
European Economic Community

15. EU Law
European Atomic Energy Community Treaty (EURATOM) (Rome Treaties)
Signed in Rome, 1957
Regulates nuclear power
Unlike ECSC, contains no time limit

16. EU Law European Economic Community (EEC) Signed in Rome, 1957
Primary objective : economic
- Establishing a common market
- Abolishing barriers to trade and establishing a common customs tariff

17. EU Law European Economic Community (EEC)
New Bodies: European Social Fund, Investment Bank, European Development Fund and Economic and Social Committee
Parliamentary Assembly and Court of Justice shared with ECSC but separate Council of Ministers and Commission
Separate Council of Ministers
(all institutions were merged and shared by all three Communities after the Merger Treaty of 1965)

18. EU Law Luxembourg Accords 1965 - 1st Crisis
Two issues : shift from unanimity voting to qualified majority voting and raising Community’s own resources
De Gaulle’s veto : ‘empty chair’ policy (7 months)
Compromise: Qualified majority became the exception rather than the norm

19. EU Law Establishment of the European Council
1970 – 1973 – Davignon Report - Quarterly meetings of foreign affairs ministers
1973 – European Political Cooperation
1974
European Council was established to regularize the summits.
A body consisting of heads of governments
Bi-annual meetings attended by the President of the Commission
Decisions not binding but gave direction to the Community

20. EU Law Strengthening of Parliament
1969 – Agreement reached on funding from Community’s own resources and expansion of the role Parliament in the budgetary process
1970 – First Budgetary Treaty and Own-Resource Decision
1975 – Second Budgetary Treaty – Community to be financed entirely by its own resources
1979 – First direct elections of Parliament (agreed by Member States in 1976) ; direct democratic mandate

21. EU Law
Single European Act
(SEA)

22. EU Law Single European Act (SEA)
SEA is not a Treaty but made significant institutional reforms
Enhanced Parliament’s power in the legislative process
Gave formal recognition the European Council
Created a Court of First Instance
‘Comitology’ procedure was integrated into the Treaty

23. EU Law Single European Act (SEA)
Objective: to progressively establish the internal market by 31 December 1992
Article 95: Treaty provision for the enactment of measures to complete the single market
Qualified majority voting by the Council introduced in many areas
Substantive new areas of Community competence

24. EU Law
Treaty of Maastricht
(1992)

25. EU Law Maastricht Treaty
Signed in February 1992 – Treaty on European Union (TEU)
Most important element : ‘Three pillar’ structure

26. EU Law Maastricht Treaty
1st Pillar  European Communities as revised by the SEA, Single Market, Democratization of the Institutions, European Citizenship, Economic and Monetary Union
2nd Pillar  Common Foreign Policy, Common Security Policy (eventual common defense policy)
3rd Pillar  Justice and Home Affairs; asylum policy, police cooperation, combatting international fraud, etc. including establishment of Europol

27. EU Law Maastricht Treaty
Increased the Parliament’s legislative involvement especially by allowing it to block legislation
Established a Parliamentary Ombudsman and a Committee of the Regions and provided for the establishment of a European Central Bank
Established ‘European Citizenship’
Established the principle of subsidiarity
Expanded the Union’s competence areas
Included detailed provisions on EMU

28. EU Law
Treaty of Amsterdam
(1997)

29. EU Law Amsterdam Treaty
Extension of the co-decision procedure and consolidation of EP’s role in the decision-making process
‘principle of openness’, more transparency
A large part of the 3r pillar moved to the 1st pillar; free movement of persons, visas, asylum, etc. 3rd Pillar was renamed ‘Police and Judicial Cooperation in Criminal Matters’

30. EU Law
Treaty of Nice
(2001)

31. EU Law
Nice Treaty
Focus on institutional structure of the Union before significant Enlargement
Important agreement on the weighting of votes in the Council, the distribution of seats in the Parliament and the composition of the Commission and the Court
Charter of Rights  received political approval of Member States at the Nice European Council but legal status of the Charter was postponed until 2004

32. EU Law Constitutional Treaty
Laeken Declaration (2001) – establishment of a Convention on the Future of Europe
Convention’s three stage methodology
Draft Treaty Establishing a Constitution for Europe
European Council of 2004 – agreement on the Constitutional Treaty
(Non)-Ratification

33. EU Law
Treaty of Lisbon
(2007)

34. EU Law
Lisbon Treaty
Lisbon Treaty amended the Treaty establishing the European Union (TEU) and established the Treaty on the Functioning of the European Union (TFEU)
Adopted many elements of the Constitutional Treaty
Not built on a pillar system
Introduces two new figures : President of the European Council and High Representative of the Union for Foreign Affairs and Security Policy
Extended qualified majority voting including certain adjustments preventing small states from blocking legislation (effective as of 2014)

35. EU Law
III. Enlargement

36. EU Law
1957 – Rome Treaties : ‘The original 6’

37. EU Law
1973 – First Enlargement
UK, Ireland and Denmark

38. EU Law 1981 and 1986 - Second Enlargement (South)
Greece, Spain and Portugal

39. EU Law 1995 – Third Enlargement – Europe of 15
Austrian, Finland and Sweden

40. EU Law 2004 – Fourth Enlargement (East)
Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia

41. EU Law
2007 – Fifth Enlargement
Bulgaria and Romania

42. IV. Widening and Deepening EU
EU Law
IV. Widening and Deepening EU

43. EU Law
Widening “refers primarily to the process of the expansion to include new member states” (geographical)
Deepening “refers to the degree of integration” (competence)