Law of the EU – Tutorial 1: Introduction to the law of the EU.

Reading – Great Debated in EU Law, Chapter 1. ‘From Rome with Love.’

 European economic community was signed between Belgium, France, Italy, Luxembourg, the
Netherlands and which was west Germany in Rome. This was to facilitate trade between their
countries. This meeting kicked off the creation of the EU.
Debate 1 – How did the European Economic Community become the European
Community.
 Winston Churchill wanted to create the ‘United States of Europe.’
 The first step was to increase production for franco-German production of coal and stell under
high authority. The hope for this was to set up economic foundations for the federation in Europe.
The European coal and steel community was established until 2002.
 1958 – Treaty of Rome.
 Treaty of Rome was amended to turn the EEC (European economic community) into the
European community.
 In 1995, expansion with Austria, Finland and Sweden join.
 Treaty of Nice entered paving the way for the unions major enlargement with 10 countries
joining.
 In 2009, The Treaty of Lisbon was formed which created the EU as a unified institution. This was
based on the Treaty on the Functioning of the EU (TFEU), and the Charter of Fundamental Rights
(CFR).
 Treaties bring along its own set of unique centralised governance structure inspired by the steel
and coal community.
 Quota – the amount to which can be traded between states. Alongside tariffs, these were removed
between member states it can help the common market.
Debate 2 – A new legal order?
 The union is an international legal order deeply emersed with national systems.
 Costa v ENEI, the court of justice stated that EU law was to enjoy primacy over any conflicting
domestic rules from member states.
 The commission can bring sanctions under Article 258 TFEU against member states who fail to
comply with their treaty obligations. This is needed for the EU to be a ‘community of law.’
 27 member states.
 Coreper – committee of permanent representatives.
 Supranational – institutions that are above nation states.
 Intergovernmental – member states that are in control.
 Articles 1-3 Treaty on European Union:

TITLE I
COMMON PROVISIONS

Article 1
(ex Article 1 TEU) (1)

By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN UNION,
hereinafter called ‘the Union’, on which the Member States confer competences to attain objectives they
have in common.

This Treaty marks a new stage in the process of creating an ever-closer union among the peoples of
Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen.

The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European
Union (hereinafter referred to as ‘the Treaties’). Those two Treaties shall have the same legal value. The
Union shall replace and succeed the European Community.
(1) These references are merely indicative. For more ample information, please refer to the tables of equivalences between
the old and the new numbering of the Treaties.

Article 2

The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule
of law and respect for human rights, including the rights of persons belonging to minorities. These values
are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice,
solidarity and equality between women and men prevail.
Article 3
(ex Article 2 TEU)
1. The Union's aim is to promote peace, its values and the well-being of its peoples.

2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in
which the free movement of persons is ensured in conjunction with appropriate measures with respect to
external border controls, asylum, immigration and the prevention and combating of crime.

3. The Union shall establish an internal market. It shall work for the sustainable development of Europe
based on balanced economic growth and price stability, a highly competitive social market economy,
aiming at full employment and social progress, and a high level of protection and improvement of the
quality of the environment. It shall promote scientific and technological advance.

It shall combat social exclusion and discrimination, and shall promote social justice and protection,
equality between women and men, solidarity between generations and protection of the rights of the child.

It shall promote economic, social and territorial cohesion, and solidarity among Member States.

It shall respect its rich cultural and linguistic diversity and shall ensure that Europe's cultural heritage is
safeguarded and enhanced.

4. TheUnionshallestablishaneconomicandmonetaryunionwhosecurrencyistheeuro.

5. In its relations with the wider world, the Union shall uphold and promote its values and interests and
contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable
development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of
poverty and the protection of human rights, in particular the rights of the child, as well as to the strict
observance and the development of international law, including respect for the principles of the United
Nations Charter.

6. The Union shall pursue its objectives by appropriate means commensurate with the competences which
are conferred upon it in the Treaties.

Jaap Hoeksema

 Julian Ku – stated that the EU has a) a permanent population, b) a defined territory, c) a

government as well as d) the capacity to sing treaties and concluded that the union is a state.
 The EU court of justice confirmed that under international law is not considered a state nor a
union of state.
The Brussels effect.

Bradford argues that the EU has significant influence in shaping global regulations and standards. Even
beyond its borders. She suggested that the EU’s policies and standards have a domino effect on other
countries and regions leading them to make their own rules and regulations with those of the EU in order
to access the large market of the EU. This can create complexities for businesses and trade agreements.

How the Ukraine war unified the EU?

The war has reminded the EU what it was created to do which was peace. The attack was a defining
moment for the EU and that the EU must also focus on the element of the military.

QUESTIONS:

1. Why were the European Economic Communities (EEC) created?

Created with the primary goal of promoting economic integration among European nations
after WW2. It promoted piece, economic recovery and resource sharing.
Established by the Treaty of Rome in 1957. Overtime it evolved into the EU.
2. What changes to the structure of the EEC (now EU) were made by the Treaties of Maastricht (1992) and Lisbon
(2007)? How is this reflected in applicable primary legislation governing the EU?
These treaties introduced important changes to the structure and functioning of the EU.

Treaty of Maastricht (1992) - Changed the EEC to the EU. Established a three-pillar structure
for the EU. First pillar was for economic integration and trade. Second pillar dealt with foreign
policy and security. Third pillar focused on justice and immigration . There are 3 pillars because
they have different institutional structures. Introduced the euro and the development of the EU
economy.

Treaty of Lisbon (2007) – Made reforms to improve efficiency. Created the position of President
of the European council for foreign affairs and security policy. Allowed member states to enter
into international agreements. Merged the second and third pillars.
The changes are reflected in the applicable legislation governing the EU including the treaty on
the EU (TEU) and the TFEU. These treaties outline the EUs objectives and institutional
framework, and they were amended to incorporate the changes brought by these treaties.

3. Article 1 TEU refers to ‘the process of creating an ever-closer union’. What do you understand this to mean?
Shows the broader vision and goals of the EU. Promoting integration and unity among
the EU. Implies that the process of European integration.
4. The EU works through several institutions, outline them, and explain how these relate to the Member States and their
governments?
European commission – Proposes EU policies and laws and represents the EU in international negotiations.
European parliament – debates legislation and represents the interests of EU citizens.
Council of the EU – The EU main decision-making body. Meetings in Brussels of member states and each sector such
as agriculture ministers and decide legislation.
European council – guidance for the EU. Sets out legislative programmes and policy direction.
CJEU (Court of Justice) – resolves legal disputes. Important with integration
European central bank – manages euro currency.
5. Is the EU a State?
The EU court of justice confirmed that under international law is not considered a state nor a union of state.

6. What is the role of law in the integration process?

Serves as a foundational framework and the smooth functioning of the EUs market and governance.
Treaties set out the fundamental principles and objectives that guide the EUs functioning and relationships with
member states.
7. In what way might the Ukraine war be said to provide the EU with a reminder of its original purpose? What limits the
EU’s ability ‘to speak with one voice’ in international relations?
The war has reminded the EU what it was created to do which was peace. The attack was a defining moment for the EU and that
the EU must also focus on the element of the military.

8. According to Prof. Anu Bradford, what is ‘the Brussels effect’, and how does it arise? What implications does this have
for the UK?
Bradford argues that the EU has significant influence in shaping global regulations and standards. Even beyond its borders. She
suggested that the EU’s policies and standards have a domino effect on other countries and regions leading them to make their
own rules and regulations with those of the EU in order to access the large market of the EU. This can create complexities for
businesses and trade agreements.