European Law
CHAPTER 1: THE FOUNDATIONS OF EU LAW
I.1European integration: objectives, principles, and values
I.1.1 Objectives, principales and values
Essential purpose of European Union (EU): ‘to create an ever-closer union among the
peoples of Europe’ art 1 §2 TEU (Treaty on European Union)
2 founding principles (Article 4 TEU)
- 1. Equality of the Member States.
o This includes respect for national identities
o + Equality also applies between citizens of every Member State
- 2. Sincere cooperation
o Member States have been expected to jointly contribute to achieving the
objectives of the process of EU integration, as agreed upon in EU Treaties
On one hand, Member States must fulfill their obligations and help
achieve EU’s objectives
But on the other hand, Member States must refrain from any measure
which could jeopardies the attainment of the EU’s objectives
1. Which values underlie the founding of the European Union?
Respect for human dignity, freedom, democracy, equality, the rule of law and respect for human
rights, as listed in article 2 TEU.
A set of values: common to the MS + foundations of the EU:
These principles are grounded in a set of values, common to the Member States and
providing foundations of the EU construct: The Union is founded on the values of respect for
human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including
the rights of persons belonging to minorities. These values are common to the Member States in a
society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between
women and men prevail.’ (Art. 2 TEU)
- ‘Complementary’ source: Art. 6 TEU
- All Member States recognize the founding values listed in art 2 TEU necessary
presumption: ‘mutual trust’
o This trust creates a presumption that those values will be recognized by all
other Member States
o once you join the EU-club, we assume we can trust you
- Renewed attention: risks of serious breaches of the rule of law in Poland and
Hungary
1.a Do you think the same values apply in Belgium or other EU countries?
Yes, these values are common to the Member States
Yes, because these values are key to become a member state (one of the three criteria to
become a MS of the EU)
1
, I.2A unique from of regional integration
I.2.1 An ambitious integration process
Forms of economic integration:
- I. Free trade area = free movement of goods and services without a fee related to
crossing the border of the contracting parties (in our case: Member States of EU)
- II. Customs union = douane-unie
o More ambitious than free trade area
- III. Internal market = an area without internal frontiers in which the free movement of
persons, services, goods, and capital is ensured
EU is much broader economic, social, and political project than those traditional forms
of regional economic integration
- Fundamental status of EU citizens
- Common economic and monetary policy
- An area of freedom, security and justice
- A common foreign and security policy
2.a What are the key objectives in the current TEU? (art 3 TEU)
Protects its citizens and contribute to peace, security, the sustainable development of the Earth,
solidarity and mutual respect among people, free and fair trade, eradication of poverty and
protection of human rights.
Establish an economic and monetary union
Combat social exclusion and discrimination
Establish an internal market with a highly competitive social market economy
Offer its citizens an area of freedom, security, and justice without internal frontiers.
I.2.2 A regional project that interacts with others
EU is not the only form of regional integration in Europe
Regional organizations
- EFTA (European Free Trade Association)
o Iceland, Liechtenstein, Norway and Switzerland
o Advanced free trade area
- European Economic Area (‘EEA)
o Most EFTA states are part of the EEA (except Switzerland)
o Objective: to promote continuous and balanced strengthening of trade and
economic relations between the EU and said EFTA states
o EEA has close relationship with Norway and Switzerland
Norway has arrangements with EU going beyond economic forms of
integration
Switzerland has many bilateral treaties with EU
2
, I.2.3 A powerful set of tools for integration
Intergovernmental method
- Agreements between states are concluded by representatives of the governments of
the contracting parties implementation of those agreements via intergovernmental
method
o It requires consensus from State representatives
o It creates obligations on representatives rather than rights and obligations for
individuals
Supranational method/community method
- This system goes beyond the interest of each individual State party
o Makes space for interests of citizens of the State parties and the idea of
common good
- Community method: empowering institutions at supranational level to balance various
interests and work towards the general interest of the EU
Integration trough law:
- ex: Treaties on the European Union, in the process of European integration
I.3Evolution
I.3.1 Introduction to treaty change
EEC created by ‘Treaty establishing the European Economic Community’
- Signature: Rome 1957, by the 6 initial Member States
This treaty has been subject to several amendments adjusting political ambition,
material scope of action and tools of integration
o EEC becomes EU
Integration = treaty reforms (political objectives, material scope of action, tools) +
enlargements (accession of new Member States)
1.3.1.1 Reforms towards the European Economic Community
Zurich, 1946, Churchill calling for a kind of United States of Europe
Aftermaths of WWII: several initiatives to stimulate cooperation among European states
- Ex: north Atlantic Treaty organization (NATO), Marshall plan
Common concerns and realizing human rights
Council of Europe 1949, signing the European Convention for the Protection of Human
Rights and Fundamental Freedoms (ECHR) and setting up the European Court of
Human Rights
- Council of Europe <-> council & European Council
Reforms: a community for coal and steel
Paris, 1950, The Schuman Declaration
- Pool resources of France and Germany and place them under the authority of an
independent supranational institution
Proceed incrementally (stapsgewijs): starting with coal and steel
Paris 1951, Treaty establishing the European Coal and Steel Community (ECSC)
- Signed by France, Germany, Italy and Benelux
- It created a common market for coal and steel among these countries
3
, - + Established a more supranational set of institutions than those of Council of Europe
& ECHR
o A High Authority
o A Council
o An Assembly
o Court of Justice
No Community for Defense (yet?)
Proposal for European Defence Commity received support from many countries
- But French authorities were reluctant (onwillig)
- So, it failed
Reforms: The European Economic community and Euratom
A european economic community
- Treaty establishing the European Economic Community (EEC, Treaty of Rome, 1957)
- EEC Treaty laid down the essence of what was necessary for EU as we know it today
to develop
o It created a general common market
o Same type of institutional framework as ECSC: with a Council, Assembly,
Commission, Court of Justice
A community for atomic energy
- Euratom: Treaty establishing the European Atomic Energy Community, 1957, also
signed in Rome
- It created a nuclear common market
2.b What where the key objectives in the Treaty of Rome?
Art 2 TEEC: aim economic activities and accelerated raising of the standard of living and closer
relations between its member states
The establishment of a system ensuring that competition shall not be distorted in the Common
Market
The establishment of a common custom tariff and a common commercial policy toward third
countries
The inauguration of a common agricultural and transport policy
The abolition, as between MS, of the obstacles to the free movement of persons, services and
capital
A single institutional framework for three communities
Three parallel communities were established
- One for coal and steel
- One for atomic energy
- And one for the creation of a common market
Participating States deemed it necessary to merge the relevant institutional framework
o Result: creation of a single Counsel (with representatives from participating
states + Commission of European Communities (with one to two
independent members per State)
4
CHAPTER 1: THE FOUNDATIONS OF EU LAW
I.1European integration: objectives, principles, and values
I.1.1 Objectives, principales and values
Essential purpose of European Union (EU): ‘to create an ever-closer union among the
peoples of Europe’ art 1 §2 TEU (Treaty on European Union)
2 founding principles (Article 4 TEU)
- 1. Equality of the Member States.
o This includes respect for national identities
o + Equality also applies between citizens of every Member State
- 2. Sincere cooperation
o Member States have been expected to jointly contribute to achieving the
objectives of the process of EU integration, as agreed upon in EU Treaties
On one hand, Member States must fulfill their obligations and help
achieve EU’s objectives
But on the other hand, Member States must refrain from any measure
which could jeopardies the attainment of the EU’s objectives
1. Which values underlie the founding of the European Union?
Respect for human dignity, freedom, democracy, equality, the rule of law and respect for human
rights, as listed in article 2 TEU.
A set of values: common to the MS + foundations of the EU:
These principles are grounded in a set of values, common to the Member States and
providing foundations of the EU construct: The Union is founded on the values of respect for
human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including
the rights of persons belonging to minorities. These values are common to the Member States in a
society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between
women and men prevail.’ (Art. 2 TEU)
- ‘Complementary’ source: Art. 6 TEU
- All Member States recognize the founding values listed in art 2 TEU necessary
presumption: ‘mutual trust’
o This trust creates a presumption that those values will be recognized by all
other Member States
o once you join the EU-club, we assume we can trust you
- Renewed attention: risks of serious breaches of the rule of law in Poland and
Hungary
1.a Do you think the same values apply in Belgium or other EU countries?
Yes, these values are common to the Member States
Yes, because these values are key to become a member state (one of the three criteria to
become a MS of the EU)
1
, I.2A unique from of regional integration
I.2.1 An ambitious integration process
Forms of economic integration:
- I. Free trade area = free movement of goods and services without a fee related to
crossing the border of the contracting parties (in our case: Member States of EU)
- II. Customs union = douane-unie
o More ambitious than free trade area
- III. Internal market = an area without internal frontiers in which the free movement of
persons, services, goods, and capital is ensured
EU is much broader economic, social, and political project than those traditional forms
of regional economic integration
- Fundamental status of EU citizens
- Common economic and monetary policy
- An area of freedom, security and justice
- A common foreign and security policy
2.a What are the key objectives in the current TEU? (art 3 TEU)
Protects its citizens and contribute to peace, security, the sustainable development of the Earth,
solidarity and mutual respect among people, free and fair trade, eradication of poverty and
protection of human rights.
Establish an economic and monetary union
Combat social exclusion and discrimination
Establish an internal market with a highly competitive social market economy
Offer its citizens an area of freedom, security, and justice without internal frontiers.
I.2.2 A regional project that interacts with others
EU is not the only form of regional integration in Europe
Regional organizations
- EFTA (European Free Trade Association)
o Iceland, Liechtenstein, Norway and Switzerland
o Advanced free trade area
- European Economic Area (‘EEA)
o Most EFTA states are part of the EEA (except Switzerland)
o Objective: to promote continuous and balanced strengthening of trade and
economic relations between the EU and said EFTA states
o EEA has close relationship with Norway and Switzerland
Norway has arrangements with EU going beyond economic forms of
integration
Switzerland has many bilateral treaties with EU
2
, I.2.3 A powerful set of tools for integration
Intergovernmental method
- Agreements between states are concluded by representatives of the governments of
the contracting parties implementation of those agreements via intergovernmental
method
o It requires consensus from State representatives
o It creates obligations on representatives rather than rights and obligations for
individuals
Supranational method/community method
- This system goes beyond the interest of each individual State party
o Makes space for interests of citizens of the State parties and the idea of
common good
- Community method: empowering institutions at supranational level to balance various
interests and work towards the general interest of the EU
Integration trough law:
- ex: Treaties on the European Union, in the process of European integration
I.3Evolution
I.3.1 Introduction to treaty change
EEC created by ‘Treaty establishing the European Economic Community’
- Signature: Rome 1957, by the 6 initial Member States
This treaty has been subject to several amendments adjusting political ambition,
material scope of action and tools of integration
o EEC becomes EU
Integration = treaty reforms (political objectives, material scope of action, tools) +
enlargements (accession of new Member States)
1.3.1.1 Reforms towards the European Economic Community
Zurich, 1946, Churchill calling for a kind of United States of Europe
Aftermaths of WWII: several initiatives to stimulate cooperation among European states
- Ex: north Atlantic Treaty organization (NATO), Marshall plan
Common concerns and realizing human rights
Council of Europe 1949, signing the European Convention for the Protection of Human
Rights and Fundamental Freedoms (ECHR) and setting up the European Court of
Human Rights
- Council of Europe <-> council & European Council
Reforms: a community for coal and steel
Paris, 1950, The Schuman Declaration
- Pool resources of France and Germany and place them under the authority of an
independent supranational institution
Proceed incrementally (stapsgewijs): starting with coal and steel
Paris 1951, Treaty establishing the European Coal and Steel Community (ECSC)
- Signed by France, Germany, Italy and Benelux
- It created a common market for coal and steel among these countries
3
, - + Established a more supranational set of institutions than those of Council of Europe
& ECHR
o A High Authority
o A Council
o An Assembly
o Court of Justice
No Community for Defense (yet?)
Proposal for European Defence Commity received support from many countries
- But French authorities were reluctant (onwillig)
- So, it failed
Reforms: The European Economic community and Euratom
A european economic community
- Treaty establishing the European Economic Community (EEC, Treaty of Rome, 1957)
- EEC Treaty laid down the essence of what was necessary for EU as we know it today
to develop
o It created a general common market
o Same type of institutional framework as ECSC: with a Council, Assembly,
Commission, Court of Justice
A community for atomic energy
- Euratom: Treaty establishing the European Atomic Energy Community, 1957, also
signed in Rome
- It created a nuclear common market
2.b What where the key objectives in the Treaty of Rome?
Art 2 TEEC: aim economic activities and accelerated raising of the standard of living and closer
relations between its member states
The establishment of a system ensuring that competition shall not be distorted in the Common
Market
The establishment of a common custom tariff and a common commercial policy toward third
countries
The inauguration of a common agricultural and transport policy
The abolition, as between MS, of the obstacles to the free movement of persons, services and
capital
A single institutional framework for three communities
Three parallel communities were established
- One for coal and steel
- One for atomic energy
- And one for the creation of a common market
Participating States deemed it necessary to merge the relevant institutional framework
o Result: creation of a single Counsel (with representatives from participating
states + Commission of European Communities (with one to two
independent members per State)
4
