Foundations of EU Law:

- Treaties- Rome, Paris, SEA, Maastricht, Nice, Lisbon and Amsterdam.

- EU institutions- ECB, European council, CoA, EP, Council and commission.
- Not having a 100% exam this year for this subject
- 15 credit final exam is 40% MCQ and 60% summative essay

- Historical development of the EU- Aim was economic but later became more of a
social and politically entity.
 1951 ECBC treaty (European coal and steal community -shuman declaration
set out to create peace.
 1957 Treaty of Rome
 1973- First enlargement – UK, Ireland and Denmark joined the EU.
 1986- Single European Act- 4 fundamental movements- goods, services,
persons and capitals freedom of movement.
 1993- Maastricht Treaty (EC-EU) – From European economically community
to the European community. Making it more based on about the social and
the political section more on their rights.
 1999- Treaty of Amsterdam
 2000- Charter of Fundamental rights – HR
 2003- Treaty of Nice
 2005- Initial rejection of constitution
 2007- Treaty of Lisbon – We are governed by this currently.
- Founders- France, Germany, luxenbourgh, Italy, Belgium, Netherlands
- Schengen Agreement- Removes boarders between 7 countries showing a freedom of
movement.
- 2002-Euro notes and coins adopted 12 member states.
- Ireland rejects EU’s Lisbon Treaty in 2008
- Brexit

1) Rome Treaty- EEC was established under one treaty. EAEC (Euratom) was established
under the other and overarching aim was to achieve peace (Schuman Declaration)
and also established a common market.
- To promote throughout the community a harmonious development of economic
activities, a continues and balanced expansion, an accelerated raising of life standard
of living and closer relations.

2) Single European Act 1986- Created the EEC treaty and the internal market.
- Increase in power for European Parliament (co-operation procedure).
- QMV which is qualified majority voting in the council was established.
- Created of courts of first instance (CFI)
- Provisions on social policy, environment, technological developments.

3) Maastricht Treaty 1993- It was to promote economic and social progress.

- TEU was established it which is known as treaty
- Towards an economic and monetary union (EMU) and single currency (Euro).
- Principle of subsidiarity was created
- Union citizenship was established
- EEC becomes EC reflecting expanded areas of competence: employment, culture,
public health and consumer protection.
- Three Pillars- EC treaty, CFSP- security and JHA

4) Amsterdam Treaty 1999-

- Made changes to the numbering of the earlier treaties.
- Developed the principle of close co-operation.
- Makes provisions for the eventual abolition of boarder controls on persons travelling
from one-member state (Schengen Acquis)
- New provisions on human rights (Pre-empting the eventual creation of the Charter).

5) Nice Treaty 2001- Came into force after two referendums in Ireland.
- Prepares the way for the enlargement of the EU.
- Further develops the principle of enhanced cooperation (see Article 11 EC) old EU.
- Creates a new statue of the court of justice (see the protocol on the statue of the
court of justice).

6) Lisbon Treaty 2007- Reform treaty- closest to an EU constitution.

- Increased majority voting of council
- Raised status of charter and mandated accession to ECHR.
- Increases the power of the European Parliament further
- Changes the way in which the treaties may be amended (Article 48 TEU) and to
withdraw from the union (Article 49/50).

- European Commission is at the top – One national form each MS becomes

commissioner. Legislative, executive and guardian of the EU law. Political
appointments from each member state and also permanent bureaucracy.
Commissioners are appointed for 5 years and may be reappointed. Although
appointees of the member states their independence is beyond doubt in the
performance of their duties (Article 245 TFEU).

 The functions are that the commission has the power to propose EU law, and
this then involves the council and EP in the ordinary legislative procedure
 Ultimately, they are the guardian of the treaties and hold most of the power in
the EU.
 Also has power in infringement proceedings to enforce EU law.

- Council (of the ministers) – Art 16 TEU and Art 237-243 TFEU. One representative of
each of the member states drawn from the government of those states. Makes law
together with the Parliament, taking the final decision on most EU legislation and
committee of permanent representatives (COREPER) does the preliminary work.

- Parliament (represent citizens) – EP’s powers have expanded whenever treaty has
been amended and more participation in legislative process, can initiate actions for
annulment and censure commission. Representative of the people, but failing
 democratically and proportional representation a big problem with Germany
overrepresented compared to Malta. Art. 14 TEU and Arts. 223-243 TFUE.

- Court of justice of the EU – Arts. 251-281 TFRU, Courts of justice of the EU and the
general court. No judicial precedent and important role for interpretations of
provisions and development of certain concepts. Use the CJEU!

- European council

- European central bank – looks after the Euro’s

- Voting in the council- voting is in three ways- simple majority, qualified majority
(QMV) and unanimity. QMV is the norm (article 16(3) TEU) but was heavily criticised
in the past due to its weighted voting. Now a double majority based on the number
of MS and population to balance democratic deficit and QMV is still rare, but
unanimity needed for some sensitive issues.

- Court of auditors – Court of Auditors – someone who looks at the finances of the EU
(Art 285-287 TFEU) and Art 15 TEU and Art 235-236 TFEU. European council defines
the EU’s political direction and priorities.