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EU law -
:pencil2: History; :pencil2:Sources (of EU law...and limitations…
EU law -
:pencil2: History; :pencil2:Sources (of EU law...and limitations to legal competence); :pencil2:Institutions (x 7)
1950s
1951 - European Coal and Steel Community was signed - to create a common market for coal and steel. Signed by 6 states (Belgium, France, W.Germany, Italy, Luxembourg, Netherlands). UK invited to join but declined. Came into force 1952.
Same states signed 2 more treaties in 1957: the Treaties of Rome.
Most important: EEC Treaty. Est'd the EEC. Aim = to create a common market between the MSs.
1962 - 1985
1962 - Algeria left (as became independent of France)
1965 - Merger treaty signed - each of 3 communities had own Commission and Council of Ministers. Treaty estd single Commission and T o M
1973 UK (& Ireland and Denmark) joined.
1979 - Greece joined. 10 MSs
1985 - Greenland (part of Denmark) had become part of EC when Denmark joined. Left in 1985
1986 - 1992
1986 - Spain & Portugal joined
Single European Act signed - treaty signed by Mss to provide for completion of single internal market between MSs
1990 - W Germany reunited with E Germany so E Germany became member
1992 - The Treaty on European Union - 'Maastricht Treaty' (came into force 1993)
Created the European Union
- EU based on 3 pillars:
- :arrow_forward: EEC (now renamed EC)
- :arrow_forward: New - framework for MSs to co-operate on specified matters relating to justice and home affair
- :arrow_forward: New - framework for MSs to co-operate and adopt common positions (if they wished to) on common foreign and security policy
New pillars were designed solely to facilitate co-operation between MSs in these fields - were not designed to go beyond. Nothing giving control over foreign affairs of individual member states.
2 further reforms (which did not apply to UK) -
:arrow_forward:
Euro and European Central Bank. UK opted out
:arrow_forward: Introduction of protocol on social policy - aka the 'Social Chapter' - provided for further workers rights and other social policy issues. UK opted out.
1995 - 2005
1995 - Austria, Finland, Sweden joined
1997 - Treaty of Amsterdam signed. UK signed up to 'Social Chapter (new Labour ended UK's opt out)
2001 Treaty of Nice signed (in force 2003)
2004 - important year A8 states joined
MSs signed constitituinal treaty to provide single constitutional framework for EU.
2005 - referendums in France & Netherlands - Treaty was rejected, and was then abandoned.
2007 - A2 countries joined. Lisbon Treaty signed. Designed as a response to the rejection of the constitutional treaty. Renamed EC Treaty to 'The Treaty on the Functioning of the EU'; made amendments to this treaty and to the Treaty of EU including abolition of 3 pillar structure and introduced various institutional reforms.
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Competences of the EU
Debate on extent to which these principles act as a limit on the freedom of the EU in practice. Critics have argued that competences of EU are so numerous, powers so widespread and requirements of subsidiarity so easily met, EU is able to exercise extensive freedom of action in practice.
Principal of Subsidiarity
Art 5(3) TEU: EU can only act where objectives cannot be sufficiently achieved by MSs but can be better achieved by EU.
Principal of Conferral
Art 5(2) TEU: EU can only act within the limits of the competence conferred on it by the Treaties, only to attain the objectives set out in the Treaties.
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Not uncommon to find EU being portrayed as system of appointed bureaucrats...reality is more complex. Consider role of MSs, govts etc play in EU institutions.
EU often accused of being insufficiently democratic ' democratic deficit'.