What is the European Union?

- A combination of the EU states (27 countries now that the UK has

left. It started with just 8.) Supernational elements. Political origination

History of European Integration

At the end of WW2 most of the European countries had been in a bad economic state. There were
ideas to help revive them including:

 Marshal plan 1946

 General agreement and T Trade. (GATT) 1947
 Origination of (OECD) 1949
 Council of Europe and NATO 1949

To ensure that there isn't another World War, the 6 original member states have created 3 different
communities. (Germany, France, Italy, Belgium, Netherlands and Luxemburg.)

The three communities include:

 (ECSC) Treaty of Paris 1951

 E(E)C Treaty of Rome 1957
 Euratom Treaty of Rome 1957

They all eventually merged in 1965.

1986 Single European Act

 Removing obstacles
 Increasing powers, QMV
 CFI

1992 TEU (Maastricht)

 3 pillar structures
 Ombudsam
 Citizenship
 Subsidiarity
1999 Treaty of Amsterdam
 Modest revision, closer cooperation
2000 Treaty of Nice
 Preparation for future enlargements
 changes to 3 pillars
 institutions, QMV
2003 (failed) Treaty Establishing a Constitution for Europe
 introduced many changes
 not ratified
Lisbon Treaty
 Treaty on Functioning of the European Union (TFEU)
 Ratified by all MSS 1st December 2009
 European Council is now an institution
 President of the European Union
 Foreign Minister
  Changes in majority voting and Commission
 Charter of Fundamental Rights
The Treaty of Lisbon gives the EU and its citizens: -

 A more democratic and transparent Europe

 More effective and streamlined institutions?
 A Union of rights and values
 An EU that will be a bigger actor on the global stage.

Brexit

 UK has voted to leave the EU on 23 June 2016 by a very narrow majority

 UK has triggered article 50 TEU on 29 March 2017 officiating the start of Brexit
 UK has officially left the EU on 31 January 2020
 Trade and Cooperation Agreement between UK and EU (the Brexit deal) was signed on 24
December 2020

The main EU institutions

 The European Council

 The Council (of Ministers) of the EU
 The European Commission
 The European Parliament
 Court of Justice of the European Union.

The European Council

Now is an institution

 established:
 recognized:
 Composition: Heads of the States, Foreign Ministers, President of the Commission
 Functions: general political guidance

The council of the EU

Composition
 Note the configurations.
 COREPER
Functions:
 General economic policy
 Legislation
 lnter-institutional cooperation
Decisions:
 Unanimously.
 By majority
 Simple majority
 Qualified majority
The European commission

COMPOSITION:
APPOINTMENT:

FUNCTIONS:

 policy and legislation

 executive and administrative
 Supervisory

The European Parliament

Composition - 5 yearly electoral procedure.
Operation – works through standing committees and plenary sessions.
Functions:
1. Supervisory – E.P shares a degree of supervision over the activities of the CMS.
2. Legislative – E.P. co-legislates with the Council.
3. Budgetary, legislative
The Court of Justice of the European Union
 Comprises of the court of justice and the general court
 Free independent union court
 General functions:
1. Provide remedies sufficient to ensure effective legal protection
2. Allow the CJEU to expand rights not previously directly sanctioned by the treaties.
Sources of EU Law
 European Treaties
 Regulations
 Directives
 Decisions
 Rulings of the CJEU

Different types of EU Legislation

Article 288 TFEU – sets out the different types of legislation; -

Article 288 TFEU - ‘A regulation shall have general application. It shall be binding in its entirety and
directly applicable in all Member States’.

 Addressed to MSS
 directly applicable.

1. Treaties – highest form of EU legislation.

2. Regulations, directives and decisions – secondary legislation.

Types of Legislation Directives and Decisions

‘A directive shall be binding, as to the result to be achieved, upon each Member State to which it is
addressed, but shall leave to the national authorities the choice of from and methods.’
implementation period.
A decision shall be binding in its entirety upon those to whom it is addressed’. ie. a decision is
binding only to those to whom it is addressed.

Ordinary Legislative procedure (art 294 TFEU)

Most commonly used procedure for the law making

Enables the Council, Commission and Parliament to participate

Note: if a wrong procedure is used-the act is void

Germany vs European Parliament and the Council C376/98 [2000]—tobacco advertisement

Legislative Limits to the EU’s power

The Treaty sets out the powers or competences of the EU.

The TFEU refers to 3 categories of competence.

1. Exclusive competence – art 2(1) TFEU

2. Shared competence – art 2(2) TFEU.

3. Co-ordination competence and support competence – art 2(5) TFEU.

Where the EU is able to act, it is to be guided by the following principles: -

The principle of conferral (art 5 TEU)

The principle of subsidiarity (art 5 TEU)

The principle of proportionality (art 5 TEU)