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:

    1. Signing of the international agreement.

    2. 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:

    1. European Union (EU)

    2. European Communities (including EC Treaty)

    3. Common Foreign and Security Policy (CFSP)

    4. 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."