Week 2 Lecture 1 Autumn 20241
Introduction
Topic Overview: SEA and Maastricht Treaty.
Timeline of Key Events
1986: Single European Act signed in February.
1987: SEA comes into force on 1 July.
1992: Treaty on European Union (TEU) signed, comes into force in 1993.
1998: Amsterdam Treaty signed, comes into force in 1999.
Intergovernmental Conference
1985: Conference held in Italy, resulting in the SEA.
28 February 1986: SEA adopted in Brussels.
24 December 1986: Irish President's signing of the European Communities (Amendment) Act 1986 halted by High Court injunction.
Ireland and the SEA
New Treaty Recognition: New treaties not automatically recognized in Irish law.
Dualism in Ireland:
Bill drafted to amend Article 29 of the Constitution.
Referendum required for acceptance of the Bill.
Page 5: Article 29 of the Irish Constitution
International Agreements: Article 29 states no international agreement is part of domestic law without legislative determination.
Dualist Process Steps:
Signing of the international agreement.
Separate implementing legislation to incorporate the measure into domestic law.
Page 6: Third Constitutional Amendment
Amendment to Article 29.4.3: Allows Ireland to become a member of the European Communities without invalidating its Constitution.
Page 7: Implications of SEA on Irish Law
License to Join: Authorizes Ireland to join amendments to the founding Communities without further constitutional amendments, provided they don’t change essential objectives.
Page 8: Impact of the SEA
1996 Significance: Marked a revival of Community momentum towards integration.
Page 9: Changes Introduced by SEA
Official Name: "European Parliament" made official.
Parliament’s Role Extended: Enhanced consultative powers.
Qualified Majority Voting: Introduced in areas requiring unanimity.
Creation of Court of First Instance.
Page 10: New Legislative Procedures
Cooperation Procedure: Allowed Parliament greater influence in the legislative process.
Page 11: Role of Parliament
Membership Veto: Parliament can veto new members, but the process is largely symbolic.
Page 12: Features of the Internal Market
Internal Market Goals: Intended to eliminate interstate barriers by December 31, 1992.
Beyond Customs Union: Aimed at creating a complete economic Community.
Page 13: Extension of Community Competence
Areas of Expansion: Economic, social, and monetary competences expanded.
Recognition of Cooperation: Formal recognition in economic and monetary union, and social policy.
Page 14: Main Aim of SEA
Economic Integration Goal: Establish a single market ensuring free movement of goods, persons, services, and capital.
Page 15: Criticism of SEA
Political vs. Economic Focus: Critics state political community goals were overshadowed by SEA's economic nature, though it rejuvenated European integration.
Page 16: Vague Criticism
Critics described SEA as ambiguous, while it increased parliamentary and commission influence.
Page 17: Influence of QMV
Qualified Majority Voting (QMV): Became the norm in the Council, reducing individual Member State influence, leading to a more supranational approach.
Page 18: The Maastricht Treaty
Maastricht Signing: Signed in Maastricht, Holland in 1992, comes into force in 1993.
Irish Referendum: On June 18, 1992, 69.1% voted in favor of the Maastricht Treaty.
Page 19: Significance of the TEU
Introduction of the Single Currency: TEU positioned the EC beyond just an economic entity, changing the name from EEC to EC.
Page 20: European Union Concept
Introduction of EU Concept: Initially rejected by Denmark, accepted after minor changes; narrowly passed in France.
Three Pillars Introduced.
Page 21: Three Pillars Structure
Pillars:
European Union (EU)
European Communities (including EC Treaty)
Common Foreign and Security Policy (CFSP)
Cooperation in Justice and Home Affairs.
Page 22: Historical Context of Treaties
1993 Context: ECSC Treaty was in effect; expired in 2002 with Lisbon Treaty's merger of pillars.
Page 23: Legal Personality of EU
EU’s legal powers originate from intergovernmental aspects in the CFSP and JHA.
Page 24: Summary of Treaties
Overview of the developments from Maastricht up to the SEA and various enlargement rounds.
Page 25: Pillar Structure
Pillar 1: Legal personality, overseeing traditional community mechanisms.
Pillars 2 & 3: Intergovernmental, with limited roles for Commission and ECJ.
Page 26: Institutional Structures of the EU
All three pillars share the same institutional foundation (Commission, Court, Parliament, Council). More involvement from Council and European Council in Pillars 2 and 3.
Page 27: Detailed Aspects of Pillar 1
Elements of Pillar 1:
Customs union and single market, CAP, Common Fisheries Policy, and more.
Page 28: Additional Features of Pillar 1
Additional Areas: Trans-European networks, consumer protection, research, and environmental laws.
Page 29: Aspects of Pillar 2
Common Foreign Security Policy: Human rights, democracy, security and defense initiatives.
Page 30: Pillar 3 Focus
Justice and Home Affairs: Addressing issues like terrorism, trafficking, organized crime.
Page 31: Overview of Pillars
Three Pillars Structure: EU overarching framework, where JHA was renamed under Amsterdam Treaty.
Page 32: TEU-Provisions
Second and Third Pillar Framework: Created broader cooperation frameworks rather than strictly binding rules.
Page 33: Amendments Impact
Institutional Changes: Significant changes in Parliament's legislative involvement compared to its previous supervisory role.
Page 34: Key Outcomes of TEU
Set timeline for European Monetary Union (EMU) introduction, introduced new competencies, and established concept of European citizenship.
Page 35: Principle of Subsidiarity
Introduced by SEA, further developed in TEU with extended QMV provisions.
Page 36: Detailed Definition of Subsidiarity
TEU Legal Basis: Article 5(3) and Protocol on application of subsidiarity and proportionality principles.
Page 37: Subsidiarity and the Maastricht Treaty
Explicitly enshrined in the Maastricht Treaty while the SEA had integrated it into environmental policy without formal acknowledgment.
Page 38: Introduction of the Euro
Euro Coin Features: Use of coins with national emblem and common side, in 20 Member States.
Page 39: Non-EU Use of Euro
Monetary Agreements: Non-EU states like Andorra and Monaco use the Euro. Overseas territories included.
Opt-Out Options: Denmark's opt-out from the Euro.
Page 40: Challenges Post-Maastricht
Identified Problems: Concerns regarding EMU feasibility, foreign/security and home affairs structure, and perceived "democratic deficit."