INTLSTD 101 Lecture 7: European Union Law

5 views8 pages

For unlimited access to Class Notes, a Class+ subscription is required.

European Union Law Feb. 7th, 2017
1. The Schuman Declaration
a. May 9th, 29150
b. Europe Day
c. Europe will not be made all at once, or according to a single plan. It will be built
through concrete achievements which first create a de facto solidarity. The
coming together of the nations of Europe requires the elimination of the age-old
opposition of France and Germany…
i. The EU was basically a project, which eliminated the opposition between
Germany and France who have been in a rivalry since the 1800s. They
were always at the center of the war, and the EU calmed down the rivalry
between Germany and France.
d. The minds behind the idea
i. Jean Monnet: he was basically the man who was trying to figure out where
the arms had to go.
ii. Robert Schuman: French prime minister who brought everyone together
iii. Konrad Adenauer: oldest elected leader of a democratic country in the
world.
e. European Coal and Steel Community 1951
i. France, Germany, Italy, Belgium, Netherlands, Luxemburg
ii. Control War Resources
iii. Paris, April 18th, 1951
2. The Rome Treaties
a. 1957
b. European Economic Community (EEC)
i. Supranational body
ii. Independent
1. Does not represent the member states
iii. Proposes legislation
1. they get to control the agenda (huge power) and it allows you to
control a lot
iv. Enforce European Law
1. Only enforces its own law in the area of competition law
v. Council of Ministers
1. National ministers who can bind their governments
2. Formations based on subject matter (e.g. ECOFIN)
3. Pass European Legislation
4. Conclude international agreements
5. Approve budget
vi. European Parliament
1. Originally
a. Delegates from national parliament
b. Consultative role only
i. Couldn’t make a real difference in the decision
process of the EU
c. Supervisory body
find more resources at oneclass.com
find more resources at oneclass.com
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 8 pages and 3 million more documents.

Already have an account? Log in
d. Questioning of the commission
e. Receive annual reports
f. Power of censure
g. They can pass the budget, and they used this power to
bootstrap itself into other greater powers.
2. Now:
a. Direct election
b. In principle, codecision powers with the council
vii. European Court of Justice
1. One judge per member state
a. Another actor in the court
2. Eleven ‘Advocates-General’
3. Court shall “ensure that in the interpretation and application of the
Treaties the law is observed” (now Art. 19 TEU)
4. Court will hear:
a. Reference actions from Member State courts
i. Asks the judges a question
ii. This is the most important of the European Court of
Justice
b. Direct actions among Member State, among EC
Institutions, among Commission and MS or between
individuals and EC Institutes
i. Bring other states to court
1. Member states do not like suing each other
because it is a diplomatic fiasco.
2. Has only happened three times in the past 60
years.
c. Requests from the Council, Commission, or an MS to
review whether a proposed international agreement is
compatible with the Treaties.
i. Drafting up a treaty
viii. A New Legal Order
1. ECJ’s landmark decision
a. Van Gen den Loos (1963)
b. Costa v. ENEL (1964)
c. EEC treaty capable of producing individual rights - “direct
effect”
i. EU law whether it is the law of the treaties or the
laws that the council administers and parliament
make, whichever we talk about has direct effect to
the member states. It is immediately domestic law.
Individuals in the member states can us the EU
states.
d. EEC Treaty norms have supremacy over national law.
2. State judges must apply federal law
ix. The Empty Chair Crisis (1965)
find more resources at oneclass.com
find more resources at oneclass.com
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 8 pages and 3 million more documents.

Already have an account? Log in
1. French president De Gaulle rejects move to majority voting in the
Council and greater independence of the Commission in
agricultural matters
a. They were stuck with where you go from unity to majority
because you are stuck. With unity voting nothing happens
without your agreement, but majority you can be outvoted
and stuck with it as a law.
b. France refused to attend any Community meetings
c. The Crisis ends January 1966 with the Luxemburg Accords
i. Informal agreement allowing and MS to invoke
important interests and present a Council vote
ii. De facto brake to further integration
x. Enlargements and Elections
1. January 1st, 1973: Great Britain, Ireland and Denmark joined the
European Communities
2. June 7th 10th, 1979: First European Parliament Elections
3. January 1st, 1981 Greece joins
4. January 1st, 1986 Portugal and Spain join
xi. Single European Act (1986)
1. New impetus to integration
2. Pledge to complete the internal market by 1992
3. Enhanced qualified-majority voting
4. New community competences
xii. Winds of Change
1. November 1989 fall of the Berlin Wall
2. End of the Cold War Era
3. June 1990 Schengen border regime established
4. October 3rd, 1990 Unification of Germany
xiii. Maastricht Treaty (1992)
1. Birth of the “European Union”
2. Timetable for Monetary Union
3. Significant expansion of EC competences
4. European citizenship
5. Subsidiarity
6. Parliament’s legislative powers increased
a. Co-decision procedure
7. Union’s three pillars structure
a. European Community
i. Supranational pillar
b. Common Foreign and security Policy
i. Intergovernmental pillar
ii. Consensus-based
c. Justice and home affairs
i. Intergovernmental pillar
xiv. Fourth Enlargement
1. January 1st, 1995
find more resources at oneclass.com
find more resources at oneclass.com
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 8 pages and 3 million more documents.

Already have an account? Log in

Get access

Grade+
$10 USD/m
Billed $120 USD annually
Homework Help
Class Notes
Textbook Notes
40 Verified Answers
Study Guides
1 Booster Class
Class+
$8 USD/m
Billed $96 USD annually
Homework Help
Class Notes
Textbook Notes
30 Verified Answers
Study Guides
1 Booster Class