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Europees Recht I - Coggle Diagram

- - - - 17th century: William Penn called fo a European Parliament.
        19th century: Germany and Italy became unified states.
        -> Nationalist sentiment:
        
        positive aspects: the creation of unified states from disparate principalities, and the idea of natural co-existence in a single politcial entity, based on speaking the same language or having a common culture.
        
        negative aspect: WWI and WWII; driven by economic imperatives and the desire to assert the prominence of a particular national identity.
        
        The culmination (hoogtepunt) of WWII generated a widespread incentive to take the necessary measures to reduce the possibility of such conflict recurring on this scale:
        -> The formation of the United Nations (1945), where the guiding rationale (grondgedachte) was to create a peaceful conflict resolution forum in which disputes could be resolved through dialogue rather than conflict.
        -> The founding of the EEC (European Economic Community); the resistance during the war had promoted the idea of a united Europe, to replace destructive forces of nationalism.
        
        Moves
        towards
        European
        cooperation
        
        1947: Organisation for European Economic Co-operation (OEEC): the Marshall plan of the US to provide financial aid for Europe
        
        1948: the North Atlantic Treaty Organization (NATO) was created to advance cooperation in defence
        
        1949: the Statute on the Council of Europe was signed; provided a Committee of Ministers and a Parliamentary Assembly
        
        1954: the Western European Union (WEU) was signed; advanced cooperation in defence
        
        1950: the European Convention on Human Rights (ECHR) was created by the Council of Europe and signed (it came into force in 1953)
        
        1960: Organisation for Economic Co-operation and development (OECD)
    - - European Coal and Steel
        Community (ECSC)
        
        1948: the French foreign minister proposed the idea that Germany adn France should administer their coal and steel resources. -> This international agreement gave the supervisory authority to a body called the High Authority and was framed so that other states could join the agreement.
        The focus on coal and steel was not only economical, but was also in large part political: coal and steel were the most important materials for waging war. The aim was to keep an eye on the German economy and to bring Germany back into Western Europe (now that the SU dominated Eastern Europe and the cold war was emerging).
        
        1951: the ECSC Treaty was signed and established a common market of steel and coal. The ECSC had an initial membership of 6 countries: France, Germany, Italy, Belgium, Luxembourg and the Netherlands.
        Four independent institutions were created to run the ECSC. The power to control the coal and steel industries was shifted from the participating states to those institutions.
        
        The High Authority (main executive institution, decision-making power); composed of: 9 independent appointees of the Member State (MS) governments.
        
        The scope of the ECSC was limited to coal and steel. However, the proponents always saw it as a supranational authority. In this supranational the High Authority could adopt decisions other than by unanimity. This could then serve as a first step towards broader European integration.
        
        The Assembly (supervisory and advisory powers); composed of: national parliaments’ delegates.
        
        The Council (limited decision-making powers, mostly consultative role);
        composed of: representatives fromo each national government.
        
        The Court of Justice; composed of 9 judges.
      - European DefenceCommunity (EDC)
        and European Political Community (EPC)
        
        Failed, i dont think its important, so read for yourself.
      - European Economic
        Community (EEC)
        
        Although delayes, the movement towards European integration was not completely halted by the failure of the EPC/EDC. European integration started to focus more on economic integration.
        -> Two new communities were founded by the six MS of the ECSC: the European Atomic Energy Community (Euratom) and the European Economic Community (EEC).
        
        1957: the Treaty of Rome (EEC Treaty) was signed by the six MS of the ECSC. An important characteristic of the EEC was the common market, which entailed the removal of internal barriers to trade and a common customs tariff (douanetarief?).
        It also introduced the core of the economic constitution, the ‘four freedoms’: free movement of goods, workers, capital and services. The treaty contained key provisions to ensure that the idea of a level playing field was not indermined by the anti-competitive actions of private parties, or by national action that favoured domestic industry.
        
        The EEC was modelled after the ECSC an also consisted of four institutions (the Court of Justice (CoJ) and the Parliamentary Assembly were even shared between the ECSC and the EEC). But it had a separate Council of Ministers (CoM) (with a national representative from each MS) and a separate executive authority; the Commission (drawn from the MS but with an obligation to represent the Community as a whole, rather than the national interest).
        
        The same unwillingness to accord power to parliamentary institutions (that was also evident with the proposal of the EDC/EPC) was evident in the Treaty of Rome. The legal/political reality was that legislative power was divided between the Commission (which proposed legislative initiatives) and the CoM (which voted on them). The Parliamentary Assembly, which changed its name to the European Parliament (EP) in 1962, had a bare right to be consulted and that was only if a particular treaty article mandated (verplicht stellen? such consultation (overleg?).
    - - Tensions within the community
        
        1965: the Merger Treaty was signed, which merged the executive organs of the ECSC, Euratom and the EEC so that three Communities shared all four institutions. After the Merger Treaty there were no other treaty amendments until…
        1986: the Single European Act (SEA) was signed.
        Some important developments that occured in the time in between:
        
        The EEC expanded through accension of new MS:
        the UK, Ireland, Denmark, Greece, Spain and Portugal.
        
        This period revealed tensions between intergovernmental views and supranational views on the EEC:
        
        The intergovernmental view was changed by president de Gaulle of France, who considered the MS as paramount (het grootste belang).
        
        The supranational view was espoused (omarmd) by Walter Hallstein (the Commission President), who believed the overall Community good was perceived as the primary objective, even if this required sacrifice by particular MS.
        
        The tension surfaced in 1965: de Gaulle objected to a Commission proposal that the EEC should be able to raise its own resources from agricultural levies (heffingen) and external tariffs, rather than national contributions. -> Compromise in the Council proved to be impossible; France refused to attend further Council meetings and adopted the empty-chair policy. This lasted for seven months and resulted in an agreement to disagree over voting methods in the Council. France argued that even in cases where the Treaty provided for majority decision-making, discussion must continue until unanimity was reached whenever important national interests were at stake. The other five MS declared that in such circumstances the Council would ‘endeavor, with a reasonable time, to reach solutions which can be adopted by all’.
        
        1974: the European Council (EC) was established to regularize the practice of holding summits (bijeenkomsten). The EP consists of: the heads of governments of the MS,
        with the President of the Commission attending its biannual meetings. The EC was not recognized within the framework created by the Treaties and therefore it was not until the SEA that is was recognized in a formal instrument.
      - Single European Act: SEA
        
        1987: the SEA finally came into effect. It was the first substantial revision (herziening) of the original EEC Treaty, and contains a number of important provisions (bepalingen), both amending (wijziging) the original Treaties and also laying down provisions for political cooperation between the MS.
        The SEA made a number of institutional changes:
        
        Gave legal basis to European Political Cooperation and formal recognition to
        the European Council (although not within the Community Treaties).
        
        Created a Court of First Instance (rechtbank van eerste aanleg) to assist the CoJ.
        
        Formally included the Comitology procedure
        within what was art. 202 EC. This procedure enabled the Council to delegate powers to the Commission on centain conditions.
        
        The most significant change was that the SEA began the transformation of the role of the EP that continues to the present day. As discussed before, the EP’s role was minimal, being limited to a right to be consulted. With the SEA, a new legislative procedure was created, the cooperation procedure, which applied to a defined list of Treaty articles. The creation of the cooperation procedure was to transform the Community decision-making process. Prior to the SEA, the legislation procedure was held by the idea that ‘The Commission now had to take the views of the EP seriously in areas where the cooperation procedure applied.
        
        This impact of the corporation procedure was enhanced because of the SEA. In the Treaty of Rome it was recognized that it is easy to have one set of community rules on issues regarding the internal market. Varying national legislation can make it difficult for traders and other parties. In the Treaty of Rome, the relevant provision conferring the power to adopt legislation concerning the common market, required unanimity in the Council. This was very difficult, especially with a growing number of MS. Now art. 114 TFEU (then 100a EEC) made it possible for the council to vote with a qualified majority about these issues.
    - - Maastricht Treaty:
        The Treaty on European Union
        
        The SEA reinvigorated the EEC and aimed at the completion of the internal market. Factors such as technological change, industrial innovation and changing patterns of consumer behaviour can generate the need for mearues for an internal market. The momentum caused by the SEA led to the adoption of the Treaty on European Union (TEU), which was signed by the MS in Maastricht (Maastricht Treaty) in 1992.
        
        The three-pillar system
        
        The TEU introduced (among other important changes) the ‘three-pillar’ structure for what was to become the EU:
        
        Pillar 1: the Community Pillar, The European Community Treaty (EC; former EEC Treaty)
        
        Pillar 2: the Common Foreign and Security Policy (CFSP)
        
        Pillar 3: the Justice and Home Affairs (JHA).
        
        The EU was given new responsibilities in relation to the CFSP and the JHA (pillars 2 and 3). Topics regarding decision-making that fell under these pillars were far more intergovernmental than supranational. Therefore, pillar 1 and 3 are separate pillars because MS did not wish that the Commission and the ECJ were able to exercise the powers they had under pillar 1. The reason for this is that pillar 2 and 3 saw to more
        sensitive areas of policy, which the MS considered to be at the core of national sovereignty.
        
        The Community
        Treaties
        
        The Maastricht Treaty made a number of institutional changes. The most significant was the further increase in the EP’s legislative involvement by introducing the so-called co-decision procedure, which was amended and strengthened by the Treaty of Amsterdam. Legislation that was subject to this procedure could be blocked by the EP. The EP was additionally given the right to request the Commission to initiate legislation and the power to block the appointment of the new Commission.
        The Maastricht Treaty also made substantive changes: it established e.g. the principle of subsidiarity (distinguishing whether action should be taken at Community or national level) and European citizenship. Other changes were: a new concept of European citizenship and new provisions on economic and monetary union that created the basis for the single currency. The Maastricht Treaty also added some new areas to the competence of the European Commission.
        
        Justice and
        Home Affairs
        
        This Pillar originally governed policies such as asylum, immigration and ‘third country’ (non-EU) nationals, which were integrated into the EC Treaty by the Treaty of Amsterdam.
        
        Common Foreign
        and Security
        Policy
        
        This Pillar was distinct from the Community (EEC?) institutional and legal structure. Decision-making was more intergovernmental and less supranational than under Pillar 1. Pillar 2 established the objectives of EU action in this area, which included preservation of eace and international security, respect for human rights, and development of democracy. Each MS had an obligation to inform and consult each other on any matter of CFSP that was of general interest.
      - Treaty of Nice
        
        2000: the Treaty of Nice was concluded. It was enacted with the aim of facilitating, largely through institutional reform, further enlargement of the EU. The Treaty of Nice made a number of changes to the EC Treaty, particularly relating to the (E)EC’s institutional structure. This was necessary because the number of MS had expanded to 15. The provisions concerning the weighing votes in the Council, the distribution of seats in the EP, and the composition of the Commission were amended.
      - Charter of Rights
        
        This Charter was created parallel to the discussion that led to the Treaty of Nice. The Charter originated becauce the EC believed it was important in itself and as a mechanism for enhancing the legitimacy of the EU. It established a body (‘The Convention’), which included national parliamentarians, EU parliamentarians and national governments representatives, to draft a Charter of fundamental rights for the EU. The decision on its legal status was postponed until 2004.
      - Treaty of
        Amsterdam
        
        1997: the Treaty of Amsterdam was signed. It was a modest reform. It deleted obsolete provisions of the EC Treaty and renumbered all articles, title and sections of the EC Treaty and the TEU. Its main purposes were to improve processes, increase effectiveness and bring the EU closer to the ordinary person by making it more comprehensible. Its provisions included a commitment to greater openness in the decision-making processes of the EU (transparency) and the recognition that the EU is based on respect for fundamental rights, democracy and the rule of law.
        
        The Treaty of Amsterdam declared that the EU should respect the fundamental rights protected in the ECHR and in national constitutions, and it also contained a provision which stated that if the Council found a serious and persistent breach by a MS of principles concerning the rule of law, human rights and democracy, it could suspend some of that MS’s rights under the Treaty. Main changes that the Treaty of Amsterdam made:
        
        New numbering of Treaty articles.
        
        Greater use of the ‘co-decision’ legislative procedure, giving the EP more power.
        
        Pillar 3 to be renamed ‘Police and Judicial Cooperation in Criminal Matters’ with consequential changes to pillar by developing ‘common action’ in three areas: police cooperation in criminal matters, judicial cooperation in criminal matters and the prevention and combating of racism/xenophobia.
        
        Institutional changes largely in preparation for enlargement, through possible future accension of Eastern European countries.
    - - The Laeken Declaration
        
        15 december 2001: the EC (which met in Laeken) adopted a Declaration on the future of the EU (Laeken Declaration), committing th EU to becoming more democratic, transparent and effective. It formally embraced the Convention-model, which had been used to draw up the Charter of Rights, and established a Convention on the Future of Europe, with a composition designed to enhance the legitimacy of its results.
      - Constitutional Treaty
        
        Failed, read for yourself. The point: ‘the Constitutional Treaty’ (2003) never recovered from negative votes and never became law. However, the Lisbon Treaty drew very heavily on the Constitutional Treaty.
      - Lisbon Treaty
        
        The failure of the Constitutional Treaty, and the fact that the EU consisted of 27 MS in 2007 made the desire to update the legal ordering of the EU stronger.
        -> 2009: the Lisbon Treaty entered into force. The EU replaced the former European Community (EC). The Lisbon Treaty has 7 articles:
        Art. 1: amended the EU, and contained some principles that govern the EU, as well as revised provisions concerning the CFSP and enhanced operation.
        Art. 2: amended the EC Treaty, which was renamed the Treaty of the Functioning of the European Union (TFEU). -> The EU is therefore to be founded on the TEU and the TFEU.
        Another important change is that the ‘three-pillar’ system was largely discarded, although distinctive rules relating to CFSP continued to apply.
    - - The financial crisis
        
        The succesful conclusion of the Lisbon Treaty overlapped with the beginning of the financial crisis, which had a profound, political, economic, and social impact on the EU. The problem was the weakness of control of the EU on national budgetary policy, meaning it was unable to exert much-needed control over national economic policy. The problem for the EU started with Greece not being able to repay its debt, -> problems for the euro. Together with the worldwide banking crisis, other countries, like Portugal and Ireland started to require large amounts of funds provided by other MS. The economic and financial crisis has had profound effects on the EU including its constitutional structure. Some political responses expressed the desire to provide assistance to allying States; others the desire of increased oversight of national economic policy.
      - Brexit
        
        Prior to the Lisbon Treaty, there was no Treaty article dealing with the possibility that states might want to leave the EU. Up until then, the EU had constantly expanded. As we now know, the UK voted in the referendum in 2016 that they wanted to leave the EU. The decision to leave the EU is only the beginning of the UK’s withdrawal process, which is regulated by art. 50 TEU. The UK and the EU had two years to secure a Withdrawal agreement. Brexit has undeniably raised fears of wider disintegratoin within the EU. However, Brexit also led to MS pulling together during the negotiations and it also revealed the difficulties of leaving the EU.
      - Migration crisis
        
        Large numbers of people from Africa and the Middle East are seeking to move to the EU. Some of them are refugees; others are economic migrants in search of a better life. This crisis has had a huge impact on the EU. The EU has attempted to modify the existing asylum regime, such that states would be obliged to accept a quota of asylum-seekers, but the political will and solidarity to enact such measures has been lacking thus far. The danger is that MS will take unilateral (eenzijdige) measures, which goes against EU policy and international law.
    - - Neofunctionalism
        
        Neofunctionalism: the early ideology of Community integration. The central concept is ‘spillover’:
        -> Functional spillover: based on the interconnectedness of the economy: integration in one area gradually created pressure for integration in other areas.
        -> Political spillover: equally important and involved the build-up of political pressure in favour of further integration.
        Neofunctionalism was, however challenged empirically and theoretically. These challenges were based on the fact that its failure to accord with political reality led to theoretical modification, which turned growingly indeterminate (onbepaald, onbeslist), and on its failure to relate to general themes within international relations, which were aimed at explaining why MS engaged in international cooperation.
      - Liberal intergovernmentalism
        
        Liberal intergovernmentalism: MS are the driving forces behind integration, while supranational actors were only there for those MS that wanted to and so that they had little independent impact on the pace of integration. The demand for integration is therefore dependent on national preferences. Integration is pursued through a supranational institution only because it is more efficient than ad hoc bargains between MS. MS can carry out a cost-benefit calculation with the decision to delegate or pool sovereignty, showing the will of national governments to accept a bigger risk of being outvoted of overruled on any individual issue in exchange for more efficient collective decision-making.
      - Multi-level governance
        
        Integration is a process in which authority and policy-making are shared across multiple levels of governments - sub-national and supranational. National governments were important, but did not have a monopoly of control. When competence over a certain subject matter has been transferred to the EU, proponents of multi-level governance would say that there are limits to the degree of individual and collective state control over EU decisions. Supranational institutions (the institutions of the EU) have some form of influence on policy-making and cannot merely be regarded as agents of national governments. The ability of the ‘principals’ (the MS) to control the ‘agents’ (the Commission and the CoJ), is limited by a range of factors. These include multiplicity of principals, mistrusts among principals, impediments to coherent principal action, informational asymmetries between principals and agents, and the inintended consequences of institutional change.
      - Rational choice institutionalism
        
        Rational choice institutionalism: a derivative (afgeleide) of the rational choice theory, which is based on methodological individualism: individuals have preferences and choose the course of action that best secures them.
        Rational choice institutionalism was critical of liberal intergovernmentalism due to the minimal role it granted to EU institutions. Proponents of rational choice institutionalism acknowledged that institutions were important because they laid out the rules of the game and created an equilibrium (evenwicht) between the parties concerned. MS ‘principals’ delegated to supranational ‘agents’ to enhance the credibility of their commitments. And, since treaties are open to a spectrum of interpretations, it also deals with incomplete contracting.
      - Constructivism
        
        Just like rational choice institutionalism, constructivists agree that institutions matter. However, they dispute (betwisten) the foundations of a lot of rational choice literature. They contend that the relevant environment in which preferences are formed is social. Institutions will embody social norms and affect a person’s interests and identity. Constructivists regard institutions to include informal rules and intersubjective understandings, as well as formal rules.
    - - There have always been debates, both political and academic, as to why the EU has the array (reeks) of powers that it currently possesses.
        The balance between the ‘economic’ and ‘social’ dimension of the EU has always been contentious (omstreden).
  - - - Oervn
      - Representative democracy and the EU
    - - Intro
      - Composition
      - Control of the Commission
      - Powers
      - Functioning
    - - Intro
      - Composition
      - Powers
      - Functioning
    - - Intro
      - Composition
      - Powers
      - Functioning
      - Council Presidencies
      - Other aspects
    - - Intro
      - Composition
      - Powers
      - The Treaty of Lisbon
      - Functioning
- - - - Intro
      - Regulations
      - Directives
      - Rule-making decisions
      - International agreements
      - Interinstitutional agreements
      - Recommendations, opinions and other non-binding acts
    - - Intro
      - Grants of legislative power (‘legal bases’)
      - Classifications of competences
        
        Exclusive competence
        
        Basic principles
        
        Area exclusivity
        
        Conditional exclusivity
        
        Shared competence
        
        Basic principles
        
        Pre-emption
        
        Scope and variaton
        
        Shared competence and retained power
        
        Ancillary (or ‘complementary’) competences
        
        Legal acts, harmonization, and member State competence
        
        Common Foreign and Security Policy (‘CFSP’)
    - - The subsidiarity test
      - Protocol No 2: the ‘early warning mechanism’
      - Scope of the early warning mechanism
    - - Ordinary legislative procedures
      - Ordinary legislative procedure: stages in the process
      - Special legislative procedures
      - Innominate non-legislative procedures
    - - Delegated acts
      - Implementing acts
    - - Ordinary revision procedures
      - Simplified revision procedures
      - Accension and withdrawal
    - - Case law origins
      - Reform of decision-making procedures and principles
      - Treaty provision on democratic principles