EU Law Schütze Chapter1

Constitutional History From Paris to Lisbon

Overview

  • This chapter discusses the historical evolution of the European Union (EU) in four major sections:

    • Origins: Introduction of the European Coal and Steel Community (ECSC) through the 1951 Treaty of Paris.

    • Development: Evolution of the European Economic Community (EEC) and later the European Union (EU).

    • Maastricht Treaty: Establishment of the old EU and its key features.

    • Lisbon Treaty: Reforms and structure of the EU today.

1. Origins of the European Union

1.1 European Coal and Steel Community (ECSC)

  • Established by the 1951 Treaty of Paris.

  • Member Countries: Belgium, France, Germany, Italy, Luxembourg, Netherlands.

  • Purpose: To integrate coal and steel production, fostering economic cooperation and preventing conflict.

  • Introduced supranationalism, which became a hallmark of the subsequent European integration efforts.

2. From Rome to Maastricht

2.1 Establishment of the EEC

  • 1957 Treaties of Rome created the EEC and European Atomic Energy Community (EURATOM).

  • Aimed at forming a customs union, stimulating economic collaboration.

  • The EEC focused on creating a common market with free movement of goods, persons, services, and capital.

2.2 Development of European Law

  • Normative Supranationalism: Established from the beginning, emphasizing the supremacy of EEC laws over national laws.

  • The EEC Court supported the integration of Community law into the legal systems of Member States.

  • Decisional Supranationalism introduced a mix of intergovernmental and supranational decision-making processes, critically outlined in the Rome Treaty.

3. From Maastricht to Nice

3.1 The Maastricht Treaty (1992)

  • Formed the basis of the modern European Union.

  • Established the three-pillar structure:

    • The First Pillar: European Communities (economic policies).

    • The Second Pillar: Common Foreign and Security Policy (CFSP).

    • The Third Pillar: Justice and Home Affairs (JHA).

  • Introduced EU citizenship and a more significant role for the European Parliament.

4. From Nice to Lisbon

4.1 The Nice Treaty (2001)

  • Attempted to reorganize and prepare institutional structures for future enlargements.

  • Made minor adjustments rather than substantial reforms.

4.2 The Lisbon Treaty (2009)

  • Aimed at streamlining EU operations and enhancing global influence.

  • Merged previous treaties, effectively eliminating the pillar structure and providing the EU with legal personality.

  • Strengthened the role of the European Parliament and introduced enhanced cooperation, allowing subsets of Member States to proceed in specific areas without unanimous agreement.

  • Defined new processes for treaties and institutional functionality in the modernization of the EU.

Conclusion

  • The evolution of the EU from its initial formation to the current structure reflects ongoing adaptations to address both expanding roles in governance and the integration process among Member States.

  • The Lisbon Treaty set a significant foundation for further developments, highlighting the need for continuous adaptation to social changes within Europe.