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DEVELOPMENT OF
THE EUROPEAN
UNION.
EU Law Revision Notes.
The Beginnings:
 The concept of a union of the countries of Europe is not a new one.
 From as long ago as WW2 and Winston Churchills initial statement regarding the
necessity for a European Community, The concept has been quickly evolving into what
it is today.
 The real beginning, was the Schuman Declaration of 1950.
EU
Social
Influences
Political
Influences
Economic
Influences
The Schuman Declaration. 1950
 Involved the pooling together of coal and steel
production.
 Economic development, common high authority.
 Created the foundations of the institutions today.
 Aim was to give birth to Europe, create a single
market, create a supranational nation.
“The peace of the world cannot be safeguarded without creative efforts to
commensurate with the dangers which threaten it.”
“War would not merely
be unthinkable… but
materially impossible.”
The Treaty of Paris 1952.
 Otherwise known as the Treaty
establishing the European Coal and Steel
Community.
 Was to fulfill the aims and objectives of
the Schuman declaration.
 MAIN ONE; To produce economic and
diplomatic security to a post war Europe.
 6 founding countries.
Schuman
Declaration
Treaty of
Paris
Europe
Declaration
“By Signature of this treaty, the participating
Parties give proof of their determination to
Create the first supranational institution & thus
They are laying the foundations for an organised
Europe.” Other countries also asked to join!!
Treaty of Rome 1957
 Otherwise known as the Treaty establishing the European Community.
 Set up the European Economic Community & EURATOM.
 Followed the failed European Defence Community in 1954.
Established the Four
Freedoms:
Free movement of;
*Persons
*Services
*Goods
*Capital
Objective 1
Objective 2
Common
Market
Customs
Union
Dev of
Common
Polices
Transform conditions of trade
& manufacturing.
Functional step towards
Unification of Europe
Establishing a common
Market, goal to promote l
Living standards, development etc.
Treaty abolishes quotas &
Duties between states.
CAP, CTP, Transport,
Creation of European social
Fund. All about the
WORKERS. Facilitate
Expansion.
Treaty of Brussels 1965
• Is a Merger Treaty
• Replaced the 3 different councils;
• EEC, ECSC & EURATOM
• & the two separate commissions;
• EEC & EURATOM & The high authority (ECSC)
• With a single council & a single commission.
Regarded as being
the real beginning of
the European Union!
The Single European Act 1986.
 Revised the Treaty of Rome
 Stagnant economic growth, due to the
economic dowfall.
 Stuttgart declaration (1983) discussion on
progress and how to develop the objectives
of the treaty.
 Amends the institutions, expands
community powers, gives a date for
completion of internal market
development(1992)
Institutional
Changes
Qualified majority voting
Unanimity no longer
Formalised council
Court of first instance!
Political
Changes
To establish internal
market. Deadline
Social Policy
More competitive
Environmental
focus/COHENSION
New
Mandate
Common foreign & security
policy treaty required.
Extension of powers &
institutitional changes
needed.
Treaty of Maastricht 1992.
• Treaty on the European Union.
• Paves way to political integration.
• Collapse of communism in East & German reunification led to the community feeling the need to
Reinforce the communities goals.
Pillar
1
• The European
communities
Pillar
2
• Common foreign
and security
policy
Pillar
3
• Police & Judicial
co-operation in
criminal matters.
To establish a common foreign &
security policy.
To strengthen the democratic
legitimacy of the institutions.
To establish an economic and
monetary union.
To develop the communities social
dimension.
To improve the effectiveness of the
institutions.
Treaty of Maastricht…continued.
Pillar 1
• Domains where MS share sovereign
rights with community institutions
• Community method.
Pillar 2
• Replaces SEA provisions
• Involves intergovernmental decision
making processes >> Unanimity.
Pillar 3
• Cohesion.
• Union expected to undertake joint action
to offer a high level of security to its
citizens.
• Role of parliament expanded.
• Community policies introduced in trans-
EU networks, industrial
policy, consumer protection, educational
training, youth & culture.
• SINGLE MARKET; Single currency
deadline in 3 stages introduced.
• CITIZENSHIP INTRODUCED. Rights
given to those residing in the EU.
• Principal of subsidiarity now a general
rule; SEA only applied to environmental
• Key stage in EU construction; added a
political dimension
• Next conference 1996.
Schengen Agreement 1985.
• Led to borderless Schengen area in
1995
• Abolition of border check at signatories
borders (harmonisation of visa policies)
• 1990 Schengen convention; officialised
the agreement. External borders >> no
internal borders.
• UK opted out. 26 countries agreed.
• Outwith the EU until the Treaty of
Amsterdam in which it was
incorporated.
Treaty of Amsterdam 1997
 Came into force in 1999. (Ratification
process very long.)
 Greater emphasis on citizenship.
 More democracy; parliaments powers
increased >> scope & decision making.
 Simplifies the articles, renumbering &
repealing obsolete articles.
 Widened scope of community areas open
to be legislated on.
 Commission made more politically
accountable > checked by parliament.
 ^^ Peacekeeping.
Treaty of Nice 2003
 Enlargement process. QMV changes.
 Number of seats changed in Parliament to
accommodate new members.
 Seats ^ but individual states seats down.
(Germany & Luxembourg same.)
 QMV definition changed.
 Article 191; legal basis of parliament.
 Presidential powers increased.
 Article 217 ^
 Internal chamber potential to deal with ECJ’s
case load.
Taxation
Social Policy
Cohesion Policy
Asylum & Immigration
policy
Common Commercial
Policy
Commissions key areas.
Possible European Constitution 2004.
 New president & a foreign minister
 Smaller commission, formal inclusion of the
ECHR, simpler legislative tools, more member
state involvement in law making. Legal status
for the EU, common EU law defense
procedures, express primacy statements.
 Failed during ratification process; France &
Netherlands voted no.
 Low turn out in elections for EP caused EU
states to want to include member states more.
 Reconsidered in 2007, dropped completely.
A lot of what was
discussed and agreed
upon in the proposed
constitutional treaty
found itself written into
the Treaty of Lisbon!!!
Treaty of Lisbon 2009.
 Reformed the 2007 Treaty of Brussels
 Referred to as the Treaty on the Functioning of the EU.
 Didn’t replace previous treaties, just amended them.
 Combined the Treaty of Maastricht with the Treaty of
Rome.
 European Council established as a full institution.
 Article 288; new secondary legislation definitions.
 ECHR incorporated; UK & Poland opted out from its
internal application.
 Treaty of Maastricht= overview treaty of objectives.
 Treaty of Rome= dealing with substantive issues.
 Constitutional architecture of EU even more complex.

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Development of the EU. (EU law revision notes.)

  • 2. The Beginnings:  The concept of a union of the countries of Europe is not a new one.  From as long ago as WW2 and Winston Churchills initial statement regarding the necessity for a European Community, The concept has been quickly evolving into what it is today.  The real beginning, was the Schuman Declaration of 1950. EU Social Influences Political Influences Economic Influences
  • 3. The Schuman Declaration. 1950  Involved the pooling together of coal and steel production.  Economic development, common high authority.  Created the foundations of the institutions today.  Aim was to give birth to Europe, create a single market, create a supranational nation. “The peace of the world cannot be safeguarded without creative efforts to commensurate with the dangers which threaten it.” “War would not merely be unthinkable… but materially impossible.”
  • 4. The Treaty of Paris 1952.  Otherwise known as the Treaty establishing the European Coal and Steel Community.  Was to fulfill the aims and objectives of the Schuman declaration.  MAIN ONE; To produce economic and diplomatic security to a post war Europe.  6 founding countries. Schuman Declaration Treaty of Paris Europe Declaration “By Signature of this treaty, the participating Parties give proof of their determination to Create the first supranational institution & thus They are laying the foundations for an organised Europe.” Other countries also asked to join!!
  • 5. Treaty of Rome 1957  Otherwise known as the Treaty establishing the European Community.  Set up the European Economic Community & EURATOM.  Followed the failed European Defence Community in 1954. Established the Four Freedoms: Free movement of; *Persons *Services *Goods *Capital Objective 1 Objective 2 Common Market Customs Union Dev of Common Polices Transform conditions of trade & manufacturing. Functional step towards Unification of Europe Establishing a common Market, goal to promote l Living standards, development etc. Treaty abolishes quotas & Duties between states. CAP, CTP, Transport, Creation of European social Fund. All about the WORKERS. Facilitate Expansion.
  • 6. Treaty of Brussels 1965 • Is a Merger Treaty • Replaced the 3 different councils; • EEC, ECSC & EURATOM • & the two separate commissions; • EEC & EURATOM & The high authority (ECSC) • With a single council & a single commission. Regarded as being the real beginning of the European Union!
  • 7. The Single European Act 1986.  Revised the Treaty of Rome  Stagnant economic growth, due to the economic dowfall.  Stuttgart declaration (1983) discussion on progress and how to develop the objectives of the treaty.  Amends the institutions, expands community powers, gives a date for completion of internal market development(1992) Institutional Changes Qualified majority voting Unanimity no longer Formalised council Court of first instance! Political Changes To establish internal market. Deadline Social Policy More competitive Environmental focus/COHENSION New Mandate Common foreign & security policy treaty required. Extension of powers & institutitional changes needed.
  • 8. Treaty of Maastricht 1992. • Treaty on the European Union. • Paves way to political integration. • Collapse of communism in East & German reunification led to the community feeling the need to Reinforce the communities goals. Pillar 1 • The European communities Pillar 2 • Common foreign and security policy Pillar 3 • Police & Judicial co-operation in criminal matters. To establish a common foreign & security policy. To strengthen the democratic legitimacy of the institutions. To establish an economic and monetary union. To develop the communities social dimension. To improve the effectiveness of the institutions.
  • 9. Treaty of Maastricht…continued. Pillar 1 • Domains where MS share sovereign rights with community institutions • Community method. Pillar 2 • Replaces SEA provisions • Involves intergovernmental decision making processes >> Unanimity. Pillar 3 • Cohesion. • Union expected to undertake joint action to offer a high level of security to its citizens. • Role of parliament expanded. • Community policies introduced in trans- EU networks, industrial policy, consumer protection, educational training, youth & culture. • SINGLE MARKET; Single currency deadline in 3 stages introduced. • CITIZENSHIP INTRODUCED. Rights given to those residing in the EU. • Principal of subsidiarity now a general rule; SEA only applied to environmental • Key stage in EU construction; added a political dimension • Next conference 1996.
  • 10. Schengen Agreement 1985. • Led to borderless Schengen area in 1995 • Abolition of border check at signatories borders (harmonisation of visa policies) • 1990 Schengen convention; officialised the agreement. External borders >> no internal borders. • UK opted out. 26 countries agreed. • Outwith the EU until the Treaty of Amsterdam in which it was incorporated.
  • 11. Treaty of Amsterdam 1997  Came into force in 1999. (Ratification process very long.)  Greater emphasis on citizenship.  More democracy; parliaments powers increased >> scope & decision making.  Simplifies the articles, renumbering & repealing obsolete articles.  Widened scope of community areas open to be legislated on.  Commission made more politically accountable > checked by parliament.  ^^ Peacekeeping.
  • 12. Treaty of Nice 2003  Enlargement process. QMV changes.  Number of seats changed in Parliament to accommodate new members.  Seats ^ but individual states seats down. (Germany & Luxembourg same.)  QMV definition changed.  Article 191; legal basis of parliament.  Presidential powers increased.  Article 217 ^  Internal chamber potential to deal with ECJ’s case load. Taxation Social Policy Cohesion Policy Asylum & Immigration policy Common Commercial Policy Commissions key areas.
  • 13. Possible European Constitution 2004.  New president & a foreign minister  Smaller commission, formal inclusion of the ECHR, simpler legislative tools, more member state involvement in law making. Legal status for the EU, common EU law defense procedures, express primacy statements.  Failed during ratification process; France & Netherlands voted no.  Low turn out in elections for EP caused EU states to want to include member states more.  Reconsidered in 2007, dropped completely. A lot of what was discussed and agreed upon in the proposed constitutional treaty found itself written into the Treaty of Lisbon!!!
  • 14. Treaty of Lisbon 2009.  Reformed the 2007 Treaty of Brussels  Referred to as the Treaty on the Functioning of the EU.  Didn’t replace previous treaties, just amended them.  Combined the Treaty of Maastricht with the Treaty of Rome.  European Council established as a full institution.  Article 288; new secondary legislation definitions.  ECHR incorporated; UK & Poland opted out from its internal application.  Treaty of Maastricht= overview treaty of objectives.  Treaty of Rome= dealing with substantive issues.  Constitutional architecture of EU even more complex.