Ostoni Monica 2023/2024 IPLE, Unimi
EU LAW
European Coal and Steal Community → 1951
European Economic Community → 1957
Treaty of Lisbon → 2007 (entered force in 2009)
After two destructive world wars in the first half of the twentieth century (1914 –1918 and 1939 –1945), people
were determined that nothing like that should ever be allowed again. Europe starts to create something for
maintaining peace among countries: the ESCS, the Marshall Plan, NATO…
EU is an international organization but with some particularities: the member states give up part of their
sovereignty as competences to the EU union.
The European Integration Project Arose Out of Crisis
End of WWII: the world is divided into 2 opposing blocks (Soviet Union and USA)
➢ Start of cooperation between European states in specific areas, as the only remedy to prevent a
recurrence of such destructive wars
➢ Birth of many new international organizations:
Economic Sector:
- Organization for European Economic cooperation – OEEC
- Management of the European Recovery Plan (Marshall Plan)
- COMECON (Eastern Europe)
Defence Sector:
- North Atlantic Treaty Organization – Treaty of Washington
- WEU – Western European Union
- Warsaw Pact
Political, Cultural and social sector:
- Council of Europe – London 1949 (European convention on HR and fundamental freedoms) → it is not
part of the EU, but it is an international organization
All these organizations are based on a union between states and are governed by the so-called
intergovernmental cooperation method: states cooperate as sovereign subjects.
These organization do not constitute an autonomous legal system, they consist of the sum of the legal systems
of their constituent states.
Essential characteristics:
1. Unanimous voting (each state has the right to veto)
2. Binding acts cannot be adopted
3. Presence of organs of states and not individuals
The historical point of view:
Between 1945 and 1950, a group of visionary European politicians, including Robert Schuman, Konrad
Adenauer, Alcide De Gasperi and Winston Churchill, embarked on a journey to create the European Union
we live in today. Their foresight and leadership aimed to unite European countries economically and politically,
paving the way for lasting peace and prosperity.
The origins of the current European Union can be traced back to three particular events:
1) Manifesto of Ventotene, 1944 – Altiero Spinelli & Ernesto Rossi,
Altiero Spinelli and Ernesto Rossi were exiled in the island of Ventotene and wrote this manifest to
express their desire of building a federal union in Europe to contrast authoritarianism → idea of giving
all of the power to this new legal entity, transferring to it their full sovereignty, with the disappearance
of nation-states.
1
,Ostoni Monica 2023/2024 IPLE, Unimi
2) Winston Churchill’s speech at the University of Zurich, 1946 September
Idea of building the “United States” of Europe → first step in rebuilding European family must be a
partnership between France and Germany (especially in relation to coal and steel).
States should not give all of their sovereign powers to the union, but it should be a gradual/step-by-step
process
Common to both was the idea of building a united Europe quickly, on the base of a political union.
3) The Schuman Declaration, 9th May 1950
• Speech of French Foreign minister Robert Schuman who proposed a plan to place all Franco-
German coal and steel production (raw materials used for war) under a common High Authority
(with the opportunity of other countries to join) → the creation of a European and Steel Community
(ECSC)
• This required the elimination of the age-old opposition of France and Germany → no country could
secretly arm itself against the others by pooling their production.
• Create a “Europe of small steps” as a gradual integration (Europe not made all at once, or according
to a single plan, but built through concrete achievements that first create de facto solidarity)
The Community Method
▪ Create bodies of individual: Parliament, Commission, Court of Auditors and partly ECB → people
represent themselves and not the states in which they are citizens
▪ Predominance of the majoritarian principle: the principle of unanimity for institutions composed of
representatives of the Member States (Council, European Council) is downgraded
▪ Power to adopt binding acts
▪ System of judicial review of legitimacy → a court that can control the legitimacy of these binding acts
▪ Democratic participation of citizens
This community method is characterized by the role of the EU’s supranational institutions:
- European Commission’s right to initiate and execute legislation, with some exceptions
- The European Parliament and the Council of the EU as co-legislators, adopting legislation on an equal
footing
- The use of qualified majority voting of the Council
The ECSC COAL AND STEEL TREATY
~ Established on 18th April 1951 in Paris
~ Entered into force on 24th July 1952
The merger of coal and steel production immediately ensured the establishment of a standard base for economic
development, the first stage of the European Federation. It changed the fate of those regions which had long
been dedicated to manufacturing weapons and thus avoided hostile rearmament.
Six states took up Schuman’s challenge (the “Founding Fathers”): France and Germany + Italy, Belgium,
Luxembourg and the Netherlands (neutral neighbouring countries).
The duration of the treaty was 50 years (it expired on 23rd July 2002) → they were not sure of the success of
the organization.
The Objectives of the Treaty
Article 2: The objective of the ECSC was to contribute, through the common market for coal and steel, to:
a) Economic expansion → idea of the common market comes into being:
o Free trade area between Member states
o Prohibition of discrimination between producers, buyers and consumers
o Prohibition of practices restricting cooperation
o Prohibition of subsidies and state aid to companies
b) Increase in employment
c) Improvement of living standards
2
,Ostoni Monica 2023/2024 IPLE, Unimi
The Institutions of the Treaty
a. High Authority → states must give their confidence to an institution (not existing nowadays). It is an
executive, a collegiate independent body with the tasks of ensuring that the objectives of the treaty are
achieved. It is supranational, with the power to make binding decision, art.14 (binding in all parts,
therefore different from recommendations, which are binding only for objectives).
b. Common assembly → body composed of representatives of the parliament of Member states. Mainly
performs advisory functions.
c. Special council of minister (Council of EU) → body composed of govt ministers of the Member States.
The presidency is held in turn by each MS and has binding advisory functions.
d. Court of Justice → ensures respect for the law in the application and interpretation of the treaty
ECSC is a SOVEREIGN BODY: binds with its acts not only the MS but also the subjects of the internal orders:
companies in the coal and steel sector
The European Defence Community (EDC) and its failure
~ Signed on 25 May 1952, Paris
Objective: create a joint military defence through the formation of a common army (under the Commissariat).
o Member states had to give all the power to defend themselves to a new entity
The EDC Treaty was never ratified due to French opposition.
What are the (historical-political) reasons for the failure of the EDC?
1. To create the EDC, the NATO system needed to be overcome.
2. Before creating a common defence, a standard foreign policy needed to be developed = transfer one of
the essential attributes of national sovereignty to a sovereign entity.
MESSINA CONFERENCE, 1st - 3rd June 1955
Committee to expand the ECSC experience also to other sectors.
Two proposals:
1. Provide special arrangements for specific sectors, particularly the atomic energy sector
2. Create a general common market
EDC lesson: the time is not ripe for political integration → Better to follow the path of economic integration
In 1957 the Treaty of Rome was signed, establishing the European Economic Community (EEC) that
came into force in 1958 with the initial aim of furthering foster economic integration between the
participating countries.
EAEC Treaty (EURATOM): European Atomic Energy Community
~ Rome, 25 March 1957: signing of the Euratom Treaty
~ 1 January 1958: entry into force of the Euratom Treaty
Unlimited duration – evolution since the ECSC Treaty
EEC Treaty: European Economic Community
~ Rome, 25 March 1957: signing of the EEC Treaty
~ January 1, 1958: entry into force of the EEC Treaty
Unlimited duration – evolution since the ECSC Treaty
The Objectives of the EEC Treaty
It no longer concerns a single sector but covers all sectors of the economy – defined as the framework treaty
(ECSC Law Treaty).
a. To lay the foundations of an ever closer union between the peoples of Europe;
b. To ensure the economic and social progress of the Member States by removing the physical and
legislative barriers that divide Europe (ex: Schengen);
3
, Ostoni Monica 2023/2024 IPLE, Unimi
c. To improve the living and working conditions of European citizens;
d. To strengthen the unity of the economies of the Member States and ensure their harmonious
development by reducing disparities between the different regions;
e. To contribute to the progressive abolition of restrictions on international trade;
f. To strengthen the defence of peace and freedom and to appeal to the other peoples of Europe animated
by the same ideal to join in their effort.
The instruments used to achieve the objectives of the EEC Treaty
Establishment of a common market and a customs union:
COMMON MARKET = removal of all physical and legislative barriers to create one large market within
which goods, persons, capital and services could move freely.
CUSTOMS UNION = abolition of customs duties between MS + creation of a standard external customs tariff
+ The transitional period of 12 years (unanimity voting system).
In particular, develop joint policies in the areas of
- Agriculture
- Transport
- Trade
Article 235 EEC: If any action by the Community appears necessary to achieve, in the functioning of the
Common Market, one of the aims of the Community in cases where this Treaty has not provided for the requisite
powers of action, the Council, acting by means of a unanimous vote on a proposal of the Commission and after
the Assembly has been consulted, shall enact the appropriate provisions.
EEC Institutional Framework
It follows that of the ECSC:
• Commission (High Authority)
• Council
• Parliamentary Assembly
• Court of Justice
NB: Now, there is just one Parliamentary Assembly and one Court of Justice for all three communities. Until
1965, however, there was one Commission and one Council for each of the three Communities.
Treaty of Brussels signed in 1965, entered into force in 1967: the so-called “merger of the executives”.
The «Empty Chair» Crisis
1965: The Commission proposes to change the financing of the CAP (Common Agricultural Policy) by
replacing contributions from individual MS with revenue from customs duties and levies on agricultural
products.
Distrust of an excessive strengthening of the powers of the Commission and Parliament + Fear that majority
voting could lead to the approval of unwelcome measures → France (De Gaulle) opposed this proposal by
deserting Council meetings because he was against the majority system.
It was done during the transitional period (with the unanimous vote) and let to Council paralysis (for all the
decisions, not only this proposal)
LUXEMBOURG COMPROMISE, 28-29 January 1966
"Where, in the case of decisions which may be taken by majority vote on a proposal of the Commission, the
important interests of one or more States of the Community are at stake, the Members of the Council will
endeavor, within a reasonable time, to reach solutions which can be adopted by all the Members of the Council
while respecting their mutual interests and those of the Community".
Political agreement between the Member States: qualified majority voting was to be postponed or even
precluded if a member state so requested, citing the presence of important reasons of national interest.
4
EU LAW
European Coal and Steal Community → 1951
European Economic Community → 1957
Treaty of Lisbon → 2007 (entered force in 2009)
After two destructive world wars in the first half of the twentieth century (1914 –1918 and 1939 –1945), people
were determined that nothing like that should ever be allowed again. Europe starts to create something for
maintaining peace among countries: the ESCS, the Marshall Plan, NATO…
EU is an international organization but with some particularities: the member states give up part of their
sovereignty as competences to the EU union.
The European Integration Project Arose Out of Crisis
End of WWII: the world is divided into 2 opposing blocks (Soviet Union and USA)
➢ Start of cooperation between European states in specific areas, as the only remedy to prevent a
recurrence of such destructive wars
➢ Birth of many new international organizations:
Economic Sector:
- Organization for European Economic cooperation – OEEC
- Management of the European Recovery Plan (Marshall Plan)
- COMECON (Eastern Europe)
Defence Sector:
- North Atlantic Treaty Organization – Treaty of Washington
- WEU – Western European Union
- Warsaw Pact
Political, Cultural and social sector:
- Council of Europe – London 1949 (European convention on HR and fundamental freedoms) → it is not
part of the EU, but it is an international organization
All these organizations are based on a union between states and are governed by the so-called
intergovernmental cooperation method: states cooperate as sovereign subjects.
These organization do not constitute an autonomous legal system, they consist of the sum of the legal systems
of their constituent states.
Essential characteristics:
1. Unanimous voting (each state has the right to veto)
2. Binding acts cannot be adopted
3. Presence of organs of states and not individuals
The historical point of view:
Between 1945 and 1950, a group of visionary European politicians, including Robert Schuman, Konrad
Adenauer, Alcide De Gasperi and Winston Churchill, embarked on a journey to create the European Union
we live in today. Their foresight and leadership aimed to unite European countries economically and politically,
paving the way for lasting peace and prosperity.
The origins of the current European Union can be traced back to three particular events:
1) Manifesto of Ventotene, 1944 – Altiero Spinelli & Ernesto Rossi,
Altiero Spinelli and Ernesto Rossi were exiled in the island of Ventotene and wrote this manifest to
express their desire of building a federal union in Europe to contrast authoritarianism → idea of giving
all of the power to this new legal entity, transferring to it their full sovereignty, with the disappearance
of nation-states.
1
,Ostoni Monica 2023/2024 IPLE, Unimi
2) Winston Churchill’s speech at the University of Zurich, 1946 September
Idea of building the “United States” of Europe → first step in rebuilding European family must be a
partnership between France and Germany (especially in relation to coal and steel).
States should not give all of their sovereign powers to the union, but it should be a gradual/step-by-step
process
Common to both was the idea of building a united Europe quickly, on the base of a political union.
3) The Schuman Declaration, 9th May 1950
• Speech of French Foreign minister Robert Schuman who proposed a plan to place all Franco-
German coal and steel production (raw materials used for war) under a common High Authority
(with the opportunity of other countries to join) → the creation of a European and Steel Community
(ECSC)
• This required the elimination of the age-old opposition of France and Germany → no country could
secretly arm itself against the others by pooling their production.
• Create a “Europe of small steps” as a gradual integration (Europe not made all at once, or according
to a single plan, but built through concrete achievements that first create de facto solidarity)
The Community Method
▪ Create bodies of individual: Parliament, Commission, Court of Auditors and partly ECB → people
represent themselves and not the states in which they are citizens
▪ Predominance of the majoritarian principle: the principle of unanimity for institutions composed of
representatives of the Member States (Council, European Council) is downgraded
▪ Power to adopt binding acts
▪ System of judicial review of legitimacy → a court that can control the legitimacy of these binding acts
▪ Democratic participation of citizens
This community method is characterized by the role of the EU’s supranational institutions:
- European Commission’s right to initiate and execute legislation, with some exceptions
- The European Parliament and the Council of the EU as co-legislators, adopting legislation on an equal
footing
- The use of qualified majority voting of the Council
The ECSC COAL AND STEEL TREATY
~ Established on 18th April 1951 in Paris
~ Entered into force on 24th July 1952
The merger of coal and steel production immediately ensured the establishment of a standard base for economic
development, the first stage of the European Federation. It changed the fate of those regions which had long
been dedicated to manufacturing weapons and thus avoided hostile rearmament.
Six states took up Schuman’s challenge (the “Founding Fathers”): France and Germany + Italy, Belgium,
Luxembourg and the Netherlands (neutral neighbouring countries).
The duration of the treaty was 50 years (it expired on 23rd July 2002) → they were not sure of the success of
the organization.
The Objectives of the Treaty
Article 2: The objective of the ECSC was to contribute, through the common market for coal and steel, to:
a) Economic expansion → idea of the common market comes into being:
o Free trade area between Member states
o Prohibition of discrimination between producers, buyers and consumers
o Prohibition of practices restricting cooperation
o Prohibition of subsidies and state aid to companies
b) Increase in employment
c) Improvement of living standards
2
,Ostoni Monica 2023/2024 IPLE, Unimi
The Institutions of the Treaty
a. High Authority → states must give their confidence to an institution (not existing nowadays). It is an
executive, a collegiate independent body with the tasks of ensuring that the objectives of the treaty are
achieved. It is supranational, with the power to make binding decision, art.14 (binding in all parts,
therefore different from recommendations, which are binding only for objectives).
b. Common assembly → body composed of representatives of the parliament of Member states. Mainly
performs advisory functions.
c. Special council of minister (Council of EU) → body composed of govt ministers of the Member States.
The presidency is held in turn by each MS and has binding advisory functions.
d. Court of Justice → ensures respect for the law in the application and interpretation of the treaty
ECSC is a SOVEREIGN BODY: binds with its acts not only the MS but also the subjects of the internal orders:
companies in the coal and steel sector
The European Defence Community (EDC) and its failure
~ Signed on 25 May 1952, Paris
Objective: create a joint military defence through the formation of a common army (under the Commissariat).
o Member states had to give all the power to defend themselves to a new entity
The EDC Treaty was never ratified due to French opposition.
What are the (historical-political) reasons for the failure of the EDC?
1. To create the EDC, the NATO system needed to be overcome.
2. Before creating a common defence, a standard foreign policy needed to be developed = transfer one of
the essential attributes of national sovereignty to a sovereign entity.
MESSINA CONFERENCE, 1st - 3rd June 1955
Committee to expand the ECSC experience also to other sectors.
Two proposals:
1. Provide special arrangements for specific sectors, particularly the atomic energy sector
2. Create a general common market
EDC lesson: the time is not ripe for political integration → Better to follow the path of economic integration
In 1957 the Treaty of Rome was signed, establishing the European Economic Community (EEC) that
came into force in 1958 with the initial aim of furthering foster economic integration between the
participating countries.
EAEC Treaty (EURATOM): European Atomic Energy Community
~ Rome, 25 March 1957: signing of the Euratom Treaty
~ 1 January 1958: entry into force of the Euratom Treaty
Unlimited duration – evolution since the ECSC Treaty
EEC Treaty: European Economic Community
~ Rome, 25 March 1957: signing of the EEC Treaty
~ January 1, 1958: entry into force of the EEC Treaty
Unlimited duration – evolution since the ECSC Treaty
The Objectives of the EEC Treaty
It no longer concerns a single sector but covers all sectors of the economy – defined as the framework treaty
(ECSC Law Treaty).
a. To lay the foundations of an ever closer union between the peoples of Europe;
b. To ensure the economic and social progress of the Member States by removing the physical and
legislative barriers that divide Europe (ex: Schengen);
3
, Ostoni Monica 2023/2024 IPLE, Unimi
c. To improve the living and working conditions of European citizens;
d. To strengthen the unity of the economies of the Member States and ensure their harmonious
development by reducing disparities between the different regions;
e. To contribute to the progressive abolition of restrictions on international trade;
f. To strengthen the defence of peace and freedom and to appeal to the other peoples of Europe animated
by the same ideal to join in their effort.
The instruments used to achieve the objectives of the EEC Treaty
Establishment of a common market and a customs union:
COMMON MARKET = removal of all physical and legislative barriers to create one large market within
which goods, persons, capital and services could move freely.
CUSTOMS UNION = abolition of customs duties between MS + creation of a standard external customs tariff
+ The transitional period of 12 years (unanimity voting system).
In particular, develop joint policies in the areas of
- Agriculture
- Transport
- Trade
Article 235 EEC: If any action by the Community appears necessary to achieve, in the functioning of the
Common Market, one of the aims of the Community in cases where this Treaty has not provided for the requisite
powers of action, the Council, acting by means of a unanimous vote on a proposal of the Commission and after
the Assembly has been consulted, shall enact the appropriate provisions.
EEC Institutional Framework
It follows that of the ECSC:
• Commission (High Authority)
• Council
• Parliamentary Assembly
• Court of Justice
NB: Now, there is just one Parliamentary Assembly and one Court of Justice for all three communities. Until
1965, however, there was one Commission and one Council for each of the three Communities.
Treaty of Brussels signed in 1965, entered into force in 1967: the so-called “merger of the executives”.
The «Empty Chair» Crisis
1965: The Commission proposes to change the financing of the CAP (Common Agricultural Policy) by
replacing contributions from individual MS with revenue from customs duties and levies on agricultural
products.
Distrust of an excessive strengthening of the powers of the Commission and Parliament + Fear that majority
voting could lead to the approval of unwelcome measures → France (De Gaulle) opposed this proposal by
deserting Council meetings because he was against the majority system.
It was done during the transitional period (with the unanimous vote) and let to Council paralysis (for all the
decisions, not only this proposal)
LUXEMBOURG COMPROMISE, 28-29 January 1966
"Where, in the case of decisions which may be taken by majority vote on a proposal of the Commission, the
important interests of one or more States of the Community are at stake, the Members of the Council will
endeavor, within a reasonable time, to reach solutions which can be adopted by all the Members of the Council
while respecting their mutual interests and those of the Community".
Political agreement between the Member States: qualified majority voting was to be postponed or even
precluded if a member state so requested, citing the presence of important reasons of national interest.
4
