Lecture 1 EU Law - History and Introduction

Lecture Structure

Today's lecture is divided into two main parts:

  1. First Half:

    • Introduction to the course and key resources required

    • History of the EU

    • Economic and Political Integration

    • Enlargement

    • A 10-minute break will occur midway through this section.

  2. Second Half:

    • Introduction to EU Institutions

    • The Commission

    • The Council

    • The European Council

    • The European Parliament

    • The Court of Justice of the EU

Course Content

Workshops and Tutorials

  • Workshop One: Introduction to the EU and History of the EU

  • Tutorial One: Democracy in the EU

  • Workshop Two: EU Instruments and Hierarchy of Norms

  • Tutorial Two: Supremacy

  • Workshop Three: Direct Effect

  • Tutorial Three: Preliminary Rulings and Judicial Review

  • Workshop Four: Internal Market and Citizenship

  • Tutorial Four: EU and the Rule of Law

  • Workshop Five: EU Climate Law

  • Tutorial Five: Revision

Teaching Staff

  • Module Convenors:

    • Dr Frances Hamilton

    • Dr Vicky Kapogianni

  • Lecturers and Professors:

    • Professor Chris Hilson

    • Professor Christine Riefa

    • Dr Jing Wang

    • Dr Pinelopi-Alexia Giosa

    • Dr Melanie Stockton-Brown

Assessment

  • MCQs (Multiple Choice Questions) worth 20%:

    • A test is scheduled for week 10 (TBC).

  • Exam worth 80%:

    • An end-of-year examination will account for 80% of your total marks.

    • Formative assessment will be provided via practice exam questions.

Recommended Key Materials

  • Textbooks:

    • P. Craig and G. de Búrca, EU Law, Text, Cases and Materials, 8th Edition (UK Version), OUP, Oxford, 2024.

    • N. Foster, Foster on EU Law, 2021.

History of the EU

Learning Objectives

  • To understand why the EU was originally created and its initial structure.

  • To appreciate the ongoing relevance of its founding motivations and what may have been added or replaced over time.

  • To know the main founding Treaties and their brief contents.

  • To question whose history is being emphasized.

Historical Context: The Aftermath of WWII

  • Significant Events:

    • WWII led to the destruction of Europe and a pervasive desire for peace.

    • The ideal of European unity was significantly influenced by WWII, leading to the foundation of the EU post-war.

    • Europe faced dire economic conditions post-WWII, necessitating reconstruction and ensuring that excessive nationalism would not cause a similar catastrophe in the future.

    • There was a collective desire to secure lasting peace between nations.

Continuing Relevance of EU Origins

  • While the EU's origins were rooted in peace and economic prosperity, it also became a prominent power bloc during the Cold War, serving as a defense against the former Soviet Union.

  • The EU is implicated in globalization through its single market but also acts as a protective mechanism against it, emphasizing social policy and competition to counteract corporate dominance.

  • The EU addresses contemporary challenges such as international terrorism, cross-border crime, climate change, and global health crises (e.g., pandemics).

The Schuman Declaration

  • Europe Day: Celebrated on May 9, commemorating the Schuman Declaration made by French Foreign Minister Robert Schuman in 1950, which initiated the path to what is now the EU.

  • Proposal Summary:

    • The Schuman Declaration proposed pooling Franco-German coal and steel resources under a single High Authority, allowing for participation from other European states.

    • The plan was initially drafted by Jean Monnet, a notable federalist advocate.

The European Coal and Steel Community (ECSC)

Overview

  • Treaty of Paris (ECSC Treaty):

    • Signed in 1951 and implemented in 1952; it marked the first step towards European economic integration, serving as the foundational brick of the EU.

    • Expired in July 2002, having been signed by France, Germany, Italy, Belgium, the Netherlands, and Luxembourg.

    • Aim: Establish a common market in coal and steel.

The EEC and Euratom Treaties

Historical Context

  • Treaty of Rome: Signed in 1957 and came into force in 1958, it established both the EEC and Euratom, signed by the same founding states as the ECSC.

  • Aim of Euratom: Coordinate Member States' actions in the field of nuclear energy.

Key Developments in Legal History

  • The history of EU law has often been criticized for being predominantly a narrative of white, middle-aged men.

  • There is a notable lack of diversity in EU institutions to this day, which was exacerbated by Brexit.

  • The role of women in championing significant legal cases, e.g., Éliane Vogel-Polsky in the Defrenne v Sabena (No 2) case, is often overlooked in mainstream narratives.

Objectives of the EEC Treaty of Rome

  • Primary Goals:

    • Establish a common market

    • Approximate economic policies of Member States

    • Promote harmonious development of economic activities within the Community

    • Increase stability and improve the standard of living while promoting closer relations among Member States.

The Treaties of the EU

Key Treaties and Their Impact

  • ECSC Treaty (1952-2002): Formed the initial framework for economic cooperation.

  • EEC & Euratom Treaties (1958): Established the EEC and coordinated nuclear energy activities among Member States.

  • Subsequent important treaties include:

    • Single European Act (1987)

    • Maastricht Treaty (1993): Renamed the EEC as the European Community (EC) and introduced Economic and Monetary Union (EMU) and EU citizenship.

    • Amsterdam Treaty (1999)

    • Nice Treaty (2003)

    • Lisbon Treaty (2009): Amended the TEU and renamed the EC Treaty to the Treaty on the Functioning of the European Union (TFEU).

Current Operative Treaties

  • As of now, the EU operates under two key treaties: the TEU and TFEU.

Economic and Political Integration

Learning Objectives

  • Understand core concepts such as economic and political integration, supranationalism vs. intergovernmentalism, and the notions of widening and deepening EU integration.

Key Elements of Economic Integration

  • The EU's primary focus has historically been on building a single market, encountering periods of stagnation known as 'Eurosclerosis' from the mid-1960s to the mid-1980s due to legislative inertia and the requirement for unanimous decision-making in the Council of Ministers.

  • The Cassis de Dijon case established precedents for negative harmonization through the European Court of Justice, emphasizing the importance of the four freedoms in the single market framework: free movement of goods, services, persons, and capital.

  • Political initiatives in the 1980s led to renewed focus on completing the Internal Market, culminating in the 1985 White Paper which identified over 300 obstacles to market completion with a target deadline of 1992.

  • The Single European Act (1987) introduced qualified majority voting in certain areas to expedite decision-making.

  • The Maastricht Treaty (1993) introduced new dimensions of economic governance and paved the way for the Euro's launch, with physical notes and coins circulating from 2002.

Political Integration Developments

  • Growing supranational powers recognized through successive treaties, e.g., the SEA brought environmental policy under EU competencies, and the Maastricht Treaty introduced EMU, among others.

  • Increasing authority was granted to the European Parliament through various legislative processes.

  • The decision to delineate EU citizenship and foundational rights through the Charter of Fundamental Rights emerged at Nice and was later integrated within the Lisbon framework.

Supranationalism vs. Intergovernmentalism

  • The Maastricht Treaty implemented a three-pillar structure, where Pillar I (the Communities) was supranational, while Pillars II (CFSP) and III (JHA) remained largely intergovernmental.

  • Distinction made between decisional supranationalism, where no Member State veto can halt EU-level legislative decisions, and normative supranationalism that prioritizes EU legislation in domestic jurisdictions.

  • The Lisbon Treaty abolished the pillar structure, yet issues relating to previously intergovernmental areas maintain their separateness (e.g., legislative powers and jurisdiction of the European Court of Justice).

EU Expansion

Learning Objectives

  • Understand the impact of recent crises on the EU and how they influence the trajectory of the Union.