European and international law
Functions of International Law:
Delimiting Jurisdiction: sets clear boundaries on the jurisdiction of States, for example:
Ratione Territory: A state's jurisdiction ends where another state's begins, usually at internationally recognized borders.
Ratione Temporis: International law addresses issues like state emergence, succession (e.g., post-Soviet Union dissolution), or extinction.
Ratione Materiae: For international organizations, specific competencies are only granted by founding states.
Evolution of International Law:
Historically, international law was primarily between states, known as "the law of nations." This classic view changed during the 20th century.
New actors such as international organizations (e.g., the League of Nations), non-governmental organizations, and individuals gained recognition as subjects under international law.
International law now regulates relationships among these broader subjects, not just states.
This provides a condensed view of IL’s functions and features based on jurisdiction, evolving subjects, and the expansion of its scope beyond mere state-to-state interactions.
1. Ratione Territorii
Explanation: This concept refers to the jurisdiction a state exercises within its territorial boundaries. It establishes the geographical limits of a state's legal authority. In international law, one state’s jurisdiction ends where another state’s territory begins, creating clear territorial demarcations between nations.
Definition: A principle that refers to the geographical limits of a state's legal authority. It establishes that a state's jurisdiction is confined to its recognized territorial boundaries.
Importance: This principle helps prevent conflicts between states by recognizing their authority only within their borders. For example, laws enforced in France have no jurisdiction in Germany.
2. Ratione Temporis
Explanation: This principle refers to the temporal limitations of legal norms or jurisdiction. In simpler terms, it deals with the specific time frame during which a law or legal rule is applicable.
Definition: A principle that refers to the temporal (time-based) scope of legal norms or jurisdiction. It determines the period during which laws are applicable or relevant.
Importance: This is particularly relevant when states undergo significant changes like dissolution, succession, or independence. For example, the fall of the Soviet Union led to the creation of new states like Russia, with international laws adapted to these new temporal conditions.
3. Ratione Materiae
Explanation: This principle refers to the material or subject-matter jurisdiction of a state or international organization. It denotes the scope of issues or topics over which an entity has authority.
Definition: Refers to the subject-matter jurisdiction of a state or international organization. It limits their authority to specific topics or issues.
Importance: It applies notably to international organizations. For instance, the United Nations can only take actions that fall within the limits of the authority given to it by its member states (such as maintaining international peace, promoting human rights, etc.). This restricts organizations from acting beyond their defined competencies.
4. International Organizations as Actors in International Law
Explanation: International organizations, such as the United Nations or World Health Organization, have gained recognition as subjects under international law, meaning they have certain rights and responsibilities at the global level.
Importance: These organizations play a crucial role in mediating disputes, providing humanitarian aid, and regulating international treaties and agreements. Their emergence marked a shift from a state-centric international law system to one that includes non-state entities.
5. Non-Governmental Organizations (NGOs) and Individuals as Subjects of International Law
Explanation: NGOs and individuals are now considered actors under international law, a major departure from the traditional view where only states were recognized. This change gives them legal standing in certain international contexts.
Importance: NGOs like Amnesty International can participate in international legal processes, such as advocating for human rights, while individuals can now be held accountable for violations of international law (e.g., through international tribunals).
These concepts highlight the multifaceted nature of jurisdiction in international law and its evolution to include a broader range of subjects.
Subjects of International Law
Entities with legal personality: These entities can hold rights and obligations under international law. They can sign treaties, bring claims, and be held responsible for violations.
1. States
Definition of a state: A sovereign entity that possesses the following elements:
Defined territory: Land, subsoil, waters, airspace; must be determinable even if borders aren’t fully defined.
Permanent population: People must reside permanently within the territory, though no minimum number or homogeneity is required.
Government with effective powers:
Internal dimension: Manages domestic affairs with legislative, executive, and judicial powers.
External dimension: Can engage in foreign relations and comply with international obligations independently.
Sovereignty: States have exclusive, independent power over their territories. No interference is allowed from other states.
Equality: All states are equal in rights and obligations under international law, though this doesn’t translate to political equality.
Creation of a State
Decolonization: States emerging from colonial rule, particularly during the 1960s.
Dissolution: When a state breaks into new states, such as the post-Soviet states.
Unification: Multiple states merging into one.
Secession: A territory withdrawing from a mother state, which may be legal if done with consent but often illegal without it due to territorial integrity principles.
New States: Recognition and Legality
A state’s existence does not strictly require recognition by other states, but such recognition is politically significant.
Right to self-determination: People have the right to decide their political status without outside interference, although external self-determination is generally reserved for colonized or oppressed people.
2. Non-State Actors
International organizations: These have limited legal personality and derive powers from the states that created them.
Individuals: Gained subject status after World War II:
Have rights (e.g., human rights) and obligations under international law.
Can be held accountable for crimes (e.g., International Criminal Court).
Can bring cases to international courts (e.g., European Court of Human Rights).
Multinational corporations (MNCs):
These private corporations have gained some legal personality in international law, particularly through investment protection treaties. However, they cannot sign treaties or be held responsible by international courts.
Holy See: A unique non-state actor, the governing body of the Roman Catholic Church, with an international legal personality.
International NGOs: Though not typically having legal personality, NGOs (like Amnesty International or Greenpeace) have significant influence on the creation and monitoring of international law. Some, like the International Committee of the Red Cross (ICRC), have mandates recognized by international law.
1. International Law (IL):
Definition: A body of legal rules and principles that govern the relations between states and other international actors. It covers various areas such as treaties, customs, and conventions that regulate interactions on a global level.
Importance: It establishes the legal framework for international peace, cooperation, and dispute resolution.
the authority granted by their member states, ensuring that they do not overreach.
5. Sovereignty:
Definition: The principle that a state has exclusive and independent power to govern its territory without external interference.
Importance: Ensures that each state is responsible for its internal affairs and foreign relations, promoting international stability and non-interference.
6. Decolonization:
Definition: The process by which colonies gained independence and became sovereign states, particularly prominent in the mid-20th century.
Importance: Played a significant role in reshaping the global political landscape by increasing the number of independent states in the international system.
7. Dissolution:
Definition: The process through which a state breaks apart into multiple new states, such as the dissolution of the Soviet Union.
Importance: Creates new states that need to be recognized under international law and requires adapting legal norms to accommodate these changes.
8. Unification:
Definition: The merging of two or more states into a single sovereign entity.
Importance: Affects international treaties and obligations, as the newly unified state may take on new responsibilities under international law.
9. Secession:
Definition: The withdrawal of a territory from an existing state to form a new independent state. It may be legal if done with consent, but often illegal without it due to principles of territorial integrity.
Importance: Challenges the balance between the right to self-determination and the preservation of existing state boundaries.
10. Right to Self-Determination:
Definition: The principle that people have the right to determine their own political status, including forming their own government, without external influence.
Importance: This right has been central to the formation of new states, particularly in contexts of decolonization or oppression.
11. Subjects of International Law:
Definition: Entities that possess legal personality under international law, meaning they have rights, obligations, and the ability to participate in legal processes.
Key Examples:
States: Sovereign entities with defined territories, populations, and governments.
International Organizations: Entities like the UN, which have legal standing in international law but derive authority from their member states.
Non-Governmental Organizations (NGOs): Non-state entities that, while not having full legal personality, can influence international law (e.g., Amnesty International).
Individuals: People can now hold rights and obligations under international law, including accountability for crimes through institutions like the International Criminal Court (ICC).
12. International Organizations:
Definition: Entities composed of multiple member states that operate based on international law to pursue specific objectives (e.g., United Nations, World Health Organization).
Importance: Play crucial roles in global governance, conflict resolution, and the implementation of international treaties.
13. Non-Governmental Organizations (NGOs):
Definition: Private, non-state organizations that advocate for certain causes, often influencing the development and monitoring of international law (e.g., Amnesty International, Greenpeace).
Importance: Although they do not have full legal personality, they can exert significant influence on global issues, particularly in areas like human rights.
14. Multinational Corporations (MNCs):
Definition: Large private companies that operate across multiple countries. While they have limited legal personality under international law, they are protected under investment treaties.
Importance: MNCs have legal standing in some areas (e.g., international investment law) but cannot be held accountable by international courts for violations.
15. Holy See:
Definition: The governing body of the Roman Catholic Church, recognized as a non-state actor with international legal personality.
Importance: The Holy See is a unique entity with the ability to engage in international relations and participate in international agreements.
16. Recognition of a State:
Definition: The political act by which existing states acknowledge the existence of a new state, confirming its legal capacity to engage in international relations.
Importance: While not strictly necessary for a state's existence, recognition is significant for its political and diplomatic standing on the global stage.
International Organizations Overview
1. United Nations (UN)
Founded: 1945
Headquarters: New York
Members: 193 Member States
Establishing Treaty: Charter of the United Nations
Main Objectives:
Protection of international peace and security
Socio-economic initiatives: poverty reduction, healthcare, protection of human rights
Observer Status: Palestine and Holy See
Main Organs:
General Assembly (GA): All member states on equal footing; adopt non-binding resolutions (e.g., UNICEF, UNHCR)
Security Council (SC): 15 members (5 permanent with veto rights); tasked with maintaining international peace and security
Economic and Social Council (ECOSOC): 54 members; promotes cooperation on social, economic, and cultural policies
International Court of Justice (ICJ): Settles legal disputes between states
UN Secretariat: Headed by the Secretary-General (currently Antonio Guterres), responsible for administrative and political tasks
Specialized Agencies: WHO, FAO, ILO, IMF, World Bank
2. European Union (EU)
Founded: 1951 (ECSC Treaty)
Members: 27 Member States
Founding Members: Belgium, Netherlands, Luxembourg, France, Germany, Italy
Objective: Regional cooperation, transfer of authority from member states in some areas
3. Council of Europe (CoE)
Founded: 1949
Headquarters: Strasbourg
Members: 46 (includes non-EU states like Turkey and Georgia)
Objective: Promote democratic security in Europe, human rights, democracy, and rule of law
Key Institution: European Court of Human Rights (ECHR), which offers protection for human rights
4. African Union (AU)
Founded: 2001 (successor to the Organization of African Unity)
Members: 55 (includes Saharawi Arab Democratic Republic)
Headquarters: Addis Ababa
Main Objectives:
Unity and solidarity among African states
Sovereignty and territorial integrity
International cooperation
Key Documents: African Charter on Human and Peoples’ Rights (1981), Free Trade Agreement (2018)
5. Organization for Security and Cooperation in Europe (OSCE)
Founded: 1994 (evolved from the Conference on Security and Cooperation in Europe)
Members: 57 (including Canada and the US)
Headquarters: Vienna
Objective: Security monitoring, crisis management, post-conflict reconstruction
Key Activities:
Election observation
Local police training
Mediation in conflicts (e.g., Nagorno-Karabakh)
6. North Atlantic Treaty Organization (NATO)
Founded: 1949
Members: 32 (2024: Sweden joins)
Problems: Greatest pressure on the US because they have the most important army. Imbalance in terms of investment.
Headquarters: Brussels
Objective: Military alliance (organization), collective self-defense (attack on one is an attack on all – Article 5)
Key Events:
Invoked collective defense after 9/11
Ongoing concerns with Russia, China, terrorism, cyber threats, and space threats
Current Challenges:
Imbalance in defense spending (US bears the largest burden)
Unilateral actions by some members (e.g., Turkey, US in Afghanistan)
7. Organisation for Economic Cooperation and Development (OECD)
Founded: 1961 (formerly OEEC, created in 1948)
Headquarters: Paris
Members: 38 (incl. US and Canada)
Objective: Think tank for economic and social policy analysis. (Ex. education)
Examples of Recommendations:
Primary education funding to eliminate inequality (Belgium)
Road tax proposals (Belgium)
8. Benelux (Not important)
Founded: 1958 (by treaty, although cooperation began in 1944)
Members: Belgium, Netherlands, Luxembourg
Objective: Originally for removing border barriers; now focused on legislative harmonization and cross-border cooperation (e.g., police collaboration)
Exercise:
NATO= Military organization
OECD= End of cold war
Council of Europe: Court of organization
OSCE: Court of human Rights
Conflict Resolution Overview
1. Diplomatic Means
These methods involve resolving conflicts without the use of force, with or without a third party, where the solution is mutually agreed upon by the parties.
Negotiations
Direct discussions between the parties involved.
The most efficient form of conflict resolution is if both parties are willing to cooperate.
No third-party involvement.
Treaties often require it as the first method of conflict resolution.
Condition: only useful if the case is not lost from the start; if parties are willing to talk and find a solutions
Good Offices
A third party offers to facilitate communication between conflicting parties without being directly involved in negotiations.
Passive role
Mediation
A third party plays an active role in helping parties reach an agreement.
Example: US mediation in the dispute between Ethiopia and Egypt over the Grand Renaissance Dam.
Active Role
Inquiry
A third-party commission investigates the facts of the conflict to assist in negotiations.
Once it is clear what happened negotiations can be reopened.
Example: The UN investigation into the assassination of ex-Lebanese Prime Minister Hariri.
2. Jurisdictional Means
Parties submit their conflict to a legal body, acknowledging the binding nature of its decisions.
Arbitration
Parties choose a third party to make a legally binding decision based on law.
Not permanent
The main difference between court and arbitration is that you can choose an arbiter.
Permanent Court of Arbitration
Example: Belgium and the Netherlands' railway dispute was resolved through international arbitration.
Settlement of disputes by the International Court of Justice (ICJ)
Established in 1946, the ICJ is a principal organ of the UN, located in The Hague.
It deals with all kinds of international disputes between states.
Example: Bolivia v. Chile dispute over access to the sea.
Is it a UN body?- Yes, one of the main ones in Hague Peace Palace
What are the tasks?- Disputes between states and legal question
Who can go to the court?- Only States not individuals
Is there a possibility of appeal?- No you cannot appeal against it
How many judgments?- 184 judgments
How many judges?- 15 judges and they can get re-elected and they are independent judges (do not represent a country)
3. Unilateral Measures
Actions taken by one state to compel another state to fulfill its international obligations.
Retortions
Lawful retaliatory actions, such as sending diplomats home. Actions always allowed under international law. Ex: Visa restrictions
Reprisals
Deliberate violations of international law in response to unlawful acts by another state. Ex: Economic Sanctions
Prohibited Unilateral Actions
Includes the use of armed force or any measures violating human rights.
Forbidden
Example: Economic sanctions by the EU against Russia after the annexation of Crimea.
4. Pacific Settlement of Disputes by the UNSC
Non-binding Recommendations
The UNSC can investigate disputes and issue non-binding recommendations for resolution.
Example: Recommendations in the Palestinian-Israeli conflict.
Non-violent Coercive Measures (Article 41, UN Charter)
UNSC can impose binding measures such as sanctions, arms embargoes, or diplomatic isolation.
Example: UN sanctions against South Africa during apartheid.
5. Use of Armed Force
The UN Charter (Article 2(4)) prohibits the use of force, with exceptions:
Self-Defense
A state may use force in response to an armed attack (Article 51, UN Charter).
Example: NATO's invocation of Article 5 after 9/11.
UNSC Authorization
The UNSC may authorize the use of force to restore international peace.
Example: Resolution 678 for the liberation of Kuwait.
International Criminal Law (ICL)*
Definition and Purpose
International criminal law (ICL) is a body of law designed to ensure that individuals who commit certain grave offenses are held criminally liable. These crimes can be prosecuted either in national courts or international criminal courts. The emergence of ICL dates back to 1945, following the atrocities of World War II, when mechanisms for prosecuting such crimes were established.
Emergence
The field is relatively new, officially emerging after the Second World War in 1945. This marked the beginning of a legal framework that allows perpetrators of international crimes to be prosecuted by national or international courts.
International Crimes
Definition and Core Crimes
ICL primarily focuses on prosecuting "international crimes," though this term lacks a precise definition and is not governed by a singular international criminal code. These crimes are defined by various sources, such as treaties and customary international law. Modern international criminal tribunals, including the ICTR (International Criminal Tribunal for Rwanda), ICTY (International Criminal Tribunal for the former Yugoslavia), and ICC (International Criminal Court), have jurisdiction over the following core crimes:
Genocide
Genocide involves acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. These acts can include killing or inflicting serious harm on members of the group.
This crime has attained the status of a jus cogens norm, meaning all states are obligated to prohibit and prosecute it.
Crimes Against Humanity
These are violent acts, such as murder, deportation, torture, and rape, committed against civilians on a large scale, whether in peacetime or wartime. The acts must be systematic in nature.
Sources for this crime include the Nuremberg Tribunal and the Rome Statute of the ICC.
Example: Apartheid
War Crimes
War crimes involve violations of international humanitarian law, such as the Geneva Conventions. These crimes do not necessarily have to be systematic or widespread but must occur during armed conflict.
Examples include sexual crimes, using child soldiers, and targeting civilians or civilian structures.
Aggression (crimes against peace)
This crime refers to the planning, preparation, and execution of aggressive wars in violation of international treaties.
The ICC gained jurisdiction over this crime following the Kampala Amendment in 2018, though not many countries have ratified this amendment.
Terrorism: refers to acts designed to cause civil unrest, to achieve certain political ends
Other crimes, such as terrorism and torture, are not categorized as core crimes but are addressed by international treaties.
Prosecution of International Crimes
National Criminal Law
Many states prosecute international crimes under their national criminal laws. For example, treaties such as the Genocide Convention and the Geneva Conventions require signatories to punish such crimes within their national legal frameworks.
International Tribunals
Two main types of international bodies can prosecute international crimes: ad hoc tribunals and the ICC.
A. Ad Hoc Tribunals
These tribunals are established to handle crimes committed during specific conflicts. Examples include the Nuremberg Tribunal (for WWII crimes) and the ICCICTY and ICTR for crimes committed in Yugoslavia and Rwanda, respectively.
B. The International Criminal Court (ICC)
The ICC, based in The Hague, was established by the Rome Statute in 1998 and is responsible for prosecuting individuals for genocide, war crimes, crimes against humanity, and the crime of aggression. The court is not a UN body and operates independently.
The ICC’s jurisdiction depends on state consent. A state must be a party to the Rome Statute, or the crime must have been committed on the territory of such a state for the ICC to prosecute. Alternatively, the UN Security Council can refer cases to the court.
The ICC can step in when national courts are unwilling or unable to prosecute these crimes. However, the ICC relies heavily on the cooperation of states to execute its mandates, such as arresting suspects.
Criticism of the ICC
Despite its role in prosecuting international crimes, the ICC faces criticism, often related to its perceived inefficacy, selective prosecutions, and dependency on state cooperation.
Most powerful countries not involved (USA) and a bias against African countries.
1. International Trade Scenario Between Portugal, A, and Morocco
Subsidies and Exports: Portugal receives agricultural subsidies from the EU, which enables it to produce goods at a lower cost. This makes it easier for Portugal to export cheaply to other countries (like A). Such subsidies can sometimes disrupt local markets in importing countries.
Impact on Local Farmers and Trade Conflicts: The cheap imports to country A harm local farmers, while trade restrictions on Moroccan exports to A add complexity. Additionally, A loses export opportunities to Portugal, escalating trade tensions.
Implications: The situation illustrates potential issues arising from trade imbalances due to subsidies and the broader effects on local economies and international relationships.
International Monetary Fund (IMF)
established in 1944
190 members
Headquarters: Washington DC
Is financed by the member states based on a system of quotas.
Each member is assigned a quota based on its share of the world economy. E.g. US: 16,5%, UK and France each 4%
Decisionmaking: The more you pay, the more votes you get. This is different at the UN (every state has 1 vote in the GA)
2. Exceptions Under International Trade Law
Safeguard Measures: Countries can impose temporary restrictions to protect domestic industries facing significant harm due to unforeseen import surges. For example, the U.S. imposed tariffs on EU steel and aluminum under the Trump administration, aiming to protect domestic industries. However, safeguard measures can lead to trade disputes and even trade wars.
Protection of Health and Safety: Countries can restrict imports to protect public health, like France blocking asbestos-containing products due to their carcinogenic risks. These restrictions align with international trade law when they safeguard legitimate and essential interests.
3. Dispute Settlement Procedure
DSB Role and Process: The WTO’s Dispute Settlement Body (DSB) handles trade disputes by providing a structured resolution process. Member states (including economic entities like the EU) can lodge complaints against other states that may violate trade agreements.
Steps in Dispute Resolution:
Consultations: Initial negotiations to resolve the issue.
Panel Review: If consultations fail, a panel reviews the dispute.
Appeal: The Appellate Body, comprising legal experts, provides a binding decision.
Compliance Monitoring: The DSB oversees compliance, and countermeasures may be authorized if a state doesn’t comply.
Importance of DSB: It ensures disputes are resolved swiftly, crucial in economic contexts. The DSB’s involvement emphasizes the economic stakes for countries engaged in trade conflicts.
4. Challenges Facing the WTO
Judicial Challenges: The WTO’s Appellate Body is in crisis due to the lack of new judge appointments, which weakens its ability to enforce decisions.
Trade Wars and Compliance Issues: Recent trade wars show some countries ignoring WTO rules, challenging the WTO’s authority.
Difficulty in Reaching New Agreements: Achieving consensus among 164 members is challenging, leading countries to form regional trade agreements that are easier to manage and negotiate.
In summary, international trade law includes provisions for exceptions that allow protective measures, but these often lead to conflicts. The WTO’s dispute settlement process provides a mechanism to resolve such issues but is currently hampered by judicial and diplomatic challenges, highlighting the need for reform in global trade governance.
European Law
Robert Schuman
Jean Monnet
Altiero Spinelli
Intergovernmental-Decisions are taken between government
Supranational- On certain matters, the organisation can act without the approval of the states parties because the latter gave away their power on these matters to the supranational organisation
1. Origins of the EU
Historical Background
Wars in Europe: Repeated conflicts, especially between France and Germany, had devastating effects, with the 20th century seeing two World Wars.
Post-War Cooperation:
After WWII, rebuilding economies became a priority.
The willingness to collaborate stemmed from a desire to prevent further wars and promote economic growth and stability.
The EU emerged as a project for peace, stability, and prosperity.
The ECSC (European Coal and Steel Community)
Founding Year: Established in 1951.
Purpose:
Proposed by Robert Schuman and Jean Monnet to foster cooperation specifically in coal and steel industries—key sectors linked to military conflict.
Aimed to make war "materially impossible" by integrating these industries.
Significance: Marked the first supranational organization, laying the foundation for modern EU institutions.
The Role of Key Nations
France: Played a pioneering role; its leaders sought integration to prevent future hostilities.
Italy: Altiero Spinelli and others advocated strongly for European unity.
ECSC Founding Members:
Six nations: Belgium, France, Italy, Luxembourg, the Netherlands, and West Germany.
Non-participants in 1952:
The UK, Spain, and Portugal did not join initially due to political and economic differences.
Intergovernmental vs. Supranational Cooperation
Intergovernmentalism:
Decisions remain at the discretion of national governments.
Example: The Council of Europe and the OECD (Organization for Economic Cooperation and Development).
Supranationalism:
Sovereignty on specific matters is transferred to EU institutions like the European Commission and European Parliament.
Led to resistance from some nations, giving rise to alternative structures like the European Free Trade Association (EFTA).
2. Values of the EU
Defined in Article 2 of the Treaty on European Union (TEU):
The EU is founded on the following core values:
Human Dignity: Respect for the inherent worth of all individuals.
Freedom: Promoting individual liberties and choices.
Democracy: Upholding representative and participatory governance.
Equality: Ensuring fairness and equal opportunities for all.
Rule of Law: Legal frameworks guide and govern the EU and its members.
Human Rights: Protecting individual rights, including minority rights.
Societal Principles:
Pluralism: Embracing diversity in culture, ideas, and beliefs.
Non-discrimination: Ensuring inclusivity across gender, race, religion, etc.
Tolerance: Encouraging mutual understanding and acceptance.
Justice: Upholding fairness in social, political, and economic life.
Solidarity: Promoting unity among member states.
Gender Equality: Addressing disparities between men and women.
3. Goals of the EU
Outlined in Article 3 of the TEU:
Promoting Peace: Strengthening harmony among European nations.
Advancing EU Values: Upholding principles like human dignity, democracy, and equality.
Enhancing Well-being: Prioritizing economic and social prosperity.
Internal Market:
Key goals for the internal market include:
Customs Union: Elimination of tariffs between member states.
Free Movement: Allowing seamless flow of goods, people, services, and capital.
Harmonization: Aligning laws and regulations across member states.
Fair Competition: Ensuring a level playing field for businesses.
Economic and Monetary Union (EMU):
Moves beyond a single market to include:
Common currency (e.g., Euro).
Unified fiscal policies.
Broader Objectives:
Addressing social challenges such as unemployment and inequality.
Promoting environmental sustainability.
Supporting development and global stability.
4. Levels of Economic Cooperation
The document outlines different stages of integration:
Free Trade Zone:
No mutual customs duties but independent external trade policies.
Customs Union:
Free trade zone with a unified external tariff policy.
Single/Internal Market:
Combines customs union with the free movement of goods, services, people, and capital.
Economic and Monetary Union:
Adds a common currency and shared fiscal policies to the single market.
Key Milestones and Treaties
1951 - ECSC (Paris Treaty)
Established the European Coal and Steel Community (ECSC).
Focus: Internal market for coal and steel.
Founding members: France, Germany, Italy, Belgium, Netherlands, Luxembourg.
1957 - EEC and Euratom (Rome Treaty)
EEC: Aimed to create an internal market for all economic activities (four freedoms).
Focused on agricultural protection and established key institutions:
European Parliament, Council, European Commission, Court of Justice.
Euratom: Powers over atomic energy.
1986 - Single European Act (SEA)
Aimed to establish the single market by 1992.
Introduced mutual recognition and EU protection rules.
The concept of the Euro was introduced.
1992 - Maastricht Treaty (TEU)
Renamed EEC to EC and expanded its powers beyond economic matters.
Foundation of the EU as one legal unit with three pillars:
Internal market (EC) – supranational.
Common foreign/security policy – intergovernmental.
Police and judicial cooperation – intergovernmental.
Mandate for Economic and Monetary Union (EMU) and single currency (Euro).
1997 - Amsterdam Treaty
Integrated the Schengen acquis into EU law, with opt-outs for some states (e.g., UK, Ireland).
Expanded European Parliament's role in legislation.
2001 - Nice Treaty
Minor reforms, e.g., reduced commissioners for larger states.
2005 - EU Constitution Proposal
Rejected after referenda in France and the Netherlands.
2007 - Lisbon Treaty (TEU and TFEU)
Entered into force in 2009.
Abolished the 3-pillar structure, making EC = EU.
Defined powers as exclusive, shared, or supporting.
Created a permanent President of the European Council.
Made the EU Fundamental Rights Charter binding.
Allowed member states to withdraw (e.g., Brexit).
Introduced the ability to hand back powers to member states.
European Council: Composed of heads of state or government from every EU member state, it takes decisions about the EU's political direction.
Council of the European Union: Made up of government ministers from all member states, it plays a role in the legislative process and coordinates policies.