European Union Law: Origins and Development

The Origins and Development of European Union Law

INDEX:

1. THE ORIGINS AND DEVELOPMENT OF EUROPEAN UNION LAW
2. THE INSTITUTIONAL FRAMEWORK OF THE EUROPEAN UNION

The Origins and Development of European Union Law

After the end of the Second World War. There had been a push toward the establishment of international organizations to maintain peace. These New international organizations were not only created within European borders, but they were also conferred with specific and sectorial competences.

For example, NATO is a Collective defense organization founded in 1949 and comprises 31 countries from Europe and North America whose aim is to protect the people and territory of its members.

For example, the Council of Europe is an international organization established in the wake of World War II to uphold human rights, democracy and the rule of law in Europe.

These are all examples of "traditional" and "ordinary" forms of intergovernmental cooperation.

The Hague Congress (1948)

The Hague Congress of 1948, also known as the Congress of Europe, was a significant international gathering that played a crucial role in the preliminary stages of post-World War II European integration. It took place from May 7 to May 10, 1948, in The Hague, Netherlands. The primary objective of the congress was to promote greater cooperation and unity among European nations, with the goal of preventing another devastating war in Europe.

• Founding of the European Movement:

  The Congress was organized by the European Movement, a pan-European organization dedicated to fostering cooperation and integration on the continent. It brought together a diverse group of political leaders, intellectuals, and activists who were committed to European unity.

• Call for a United Europe:

  The Congress issued a declaration calling for the creation of a united Europe, which included the idea of a European Assembly. This declaration was seen as a significant step toward the formation of supranational institutions.

• Support for the Marshall Plan:

  The Hague Congress expressed strong support for the Marshall Plan, the U.S. initiative to provide economic assistance to war-torn European countries. This aid was instrumental in the post-war reconstruction of Europe and was seen to promote economic cooperation.

1· Foundation for European Integration: While the Hague Congress did not immediately lead to the establishment of the European institutions that we know today, such as the European Union (EU), it laid the groundwork for future initiatives. It contributed to the evolving discussion on European integration and the development of institutions like the European Coal and Steel Community (ECSC) and the European Economic Community (EEC).

The Schuman Declaration (1950)

The Schuman Declaration, signed in 1950, is a pivotal moment in the history of European integration. This declaration proposed a concrete plan to create a supranational institution to manage the coal and steel industries of several European countries, with the aim of promoting peace and unity in Europe.

The declaration pursued two main purposes: a short term one to avoid conflicts in Europe and a long term one which placed the foundations for the creation of an ever-closer union of the European States and their citizens).

The European Coal and Steel Community (1951)

The European Coal and Steel Community (ECSC) Treaty, signed in 1951, was a crucial step in the process of European integration and marked the beginning of supranational cooperation in Europe. The treaty established the ECSC, which aimed to integrate the coal and steel industries of several European countries. The six founding members: France, West Germany, Italy, Belgium, the Netherlands, and Luxembourg sought to create a common market for coal and steel, which were essential for industrial production and had been central to military conflicts in the past.

• Supranational Authority:

  One of the most significant aspects of the ECSC was the establishment of a supranational authority, known as the High Authority. The High Authority was responsible for regulating and managing the coal and steel industries of the member countries. It had the power to make decisions independently of national governments, which was a novel concept in European politics.

• Free Movement of Goods:

  The ECSC Treaty created a common market for coal and steel products among its member countries. This meant that coal and steel could move freely across national borders without tariffs or other trade barriers.

• Duration:

  The ECSC Treaty was initially signed for a period of 50 years. It came into force on July 23, 1952, and was set to expire in 2002.

European Atomic Energy Community (1957)

The European Atomic Energy Community, commonly known as EURATOM, was established with the Treaty of Rome in 1957, which also created the EEC, and its primary purpose is to promote and regulate peaceful uses of nuclear energy within Europe.

• Nuclear Energy Cooperation:

  EURATOM was created to facilitate cooperation among European countries in the development and use of nuclear energy for peaceful purposes. It aimed to harness the benefits of nuclear technology for energy production, research, and industrial applications.

• Shared Nuclear Resources:

  2One of the central goals of EURATOM was to pool and share nuclear resources among its member states. This included access to nuclear fuel, the establishment of common safety standards, and the promotion of nuclear research.

• Safeguarding Nuclear Materials:

  EURATOM plays a crucial role in ensuring the secure and safe handling of nuclear materials within its member states. It established safeguards to prevent the diversion of nuclear materials for military purposes, contributing to nuclear non-proliferation efforts.

Similarities and Differences with the ECSC

Similarities with the ECSC Differences with the ECSC

• EURATOM is an initiative with a sectorial

  and well-defined scope of application.

• EURATOM has the same six founding

  States.

• No expiration date (this is clear evidence of

  the intention of the founding States to create a long-lasting integration)

• It is still in force.

The European Economic Community

The EEC, or European Economic Community, was a regional organization established in the Treaty of Rome in 1957 as part of the broader European integration efforts. It was one of the founding institutions of the European Communities, which later evolved into the European Union (EU).

The primary goal of the EEC was to create a common market among its member states by removing trade barriers, such as tariffs and quotas, and by promoting economic integration. The EEC aimed to facilitate the free movement of goods, services, capital, and people within its member countries. The original six founding members of the EEC were Belgium, France, Italy, Luxembourg, the Netherlands, and the Federal Republic of Germany.

Over time, the EEC expanded its membership, and it played a crucial role in deepening European integration. In 1993, the EEC was absorbed into the European Union (EU) through the Maastricht Treaty, which also established the EU's political and monetary union aspects. Today, the EU is a political and economic union of 27 European countries that work together on a wide range of issues, including trade, foreign policy, and economic cooperation.

The intuitional framework of the EEC is quite complex and includes institutions which are authentically supranational and are granted by the Member States with incredibly significant powers.

For example, the Commission and the European Court of Justice.

The Institutional Framework of the 3 Communities (ECSC, EURATOM and EEC)

Each of the three Communities has:

1. Commission (High Authority under the ECSC)
2. Council
3. Assembly (for example, a Parliament)
4. Court of Justice

This institutional framework is only partially shared among the three Communities: only the Court of Justice and the Parliamentary Assembly are the same for all the 3 Communities.

The Commission (High Authority under the ECSC) and the Council are different bodies under the 3 Communities and are granted different powers in each of them.

The 1967 Merger Treaty led to the fusion of the 3 executive institutions and the previously separated institutions of the Council and the Commission for the 3 Communities were brought 3together and provided with a single budget. However, the competences and powers conferred on them remain different for each of the 3 Communities.

First Setbacks in the Integration Process

• Failure of the project for a Common European Defense (CED):

  After the establishment of the ECSC and before the EEC and EURATOM, the possibility to create a Common European Defense was discussed. It was a French initiative, as France was worried about the potential rearmament of Germany. The defense sector is particularly sensitive and quite connected to national sovereignty, so the realization of this project would have had a quite strong impact on the integration process (also from the political viewpoint). However, the UK backed down and the Treaty was not ratified by France in 1954.

• "Empty chair" crisis and the Luxembourg Compromise (1966)

  In the early '60s, the Commission proposed (1) to set aside, for certain areas, the unanimity rule according to which the Council voted and (2) reinforce the role of the Parliament and of the Commission itself. French President De Gaulle was not in favor of further integration at the supranational level (and to the conferral of new powers to the Commission and the Parliament). Consequently, France remained in the EEC but between 1965 and 1966 De Gaulle applied the so called "empty chair" strategy: France refused to take part into the meetings of the Council and de facto it blocked its activities and, therefore, the whole EEC (as the Council shall vote according to the unanimity rule).

Single European Act (1986)

The Single European Act (SEA) was a landmark treaty signed by the member states of the European Communities in 1986. It played a pivotal role in advancing European integration and creating the foundation for the Single European Market, which aimed to remove trade barriers and establish a unified economic space within the European Community (now the European Union).

The SEA was preceded by the election of the members of the European parliament by direct universal suffrage in 1979 and by the White Paper on the internal market in 1985.

It also codifies the role of the European Council and introduced the possibility for the latter to vote with a qualified majority (no longer unanimity) regarding specific matters (for example, the adoption of harmonizing of the internal market).

Moreover, the SEA reinforced the role of the European Parliament (in limited areas) with, for instance, the introduction of the cooperation and consultation procedures.

Lastly, new competences were conferred by the Member States to the EEC as, for example, environmental protection and scientific research.

Maastricht Treaty (1992)

The Maastricht Treaty, officially known as the Treaty on European Union (TEU), was signed on February 7, 1992, in Maastricht, the Netherlands. This treaty marked a significant milestone in the process of European integration and led to the establishment of the European Union (EU). The Maastricht Treaty was a revision of the existing treaties that had governed the European Communities (such as the European Economic Community) and introduced several significant changes and innovations.

• Creation of the European Union (EU):

  The Maastricht Treaty established the European Union as a new level of political and economic integration, alongside the existing European Communities. The EU was designed to have three pillars: the European Communities (renamed as the European 4