Law of the European Union

Law of the European Union - EUROPEAN UNION LAW Spring 2007...

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EUROPEAN UNION LAW Spring 2007 I. EUROPEAN INTEGRATION A. History 1. Schuman Declaration (1950) (a) Franco-German production of coal and steel placed under a Euro high authority that ensured that the terms of the agreement were enforced (b) war would be more difficult to pursue if Euro institutions empowered with substantial regulatory authority controlled coal and steel industries (c) creating common foundation for economic development would make war between them not merely unthinkable, but materially impossible (d) first step in creating a supranational institution to enforce Euro agreements 2. Treaty of Rome (1957) [“EC Treaty”] (a) established the European Economic Community (b) general agreement on free trade of goods that desired to create a supranational authority to promote social goals through prosperity 3. Euro-Sclerosis (a) MS agree that each MS has veto, which paralyzed further legislation (b) DeGaulle pursued empty-chair policy and opposed UK membership (c) despite political inactivity, ECJ very active in enforcing Treaty 4. Momentum Gathering (a) direct election of European Parliament in 1979 (b) introduction of a draft treaty for creating a European Union by Spinelli (c) adoption of the Single European Act in 1986, which introduced qualified majority voting in legislating policy (i.e. removed member veto power) and created a single European market (e.g. the European Monetary Union) (d) UK still extremely sensitive to a single European market as such extreme liberalization may lead to loss of political sovereignty (i.e. worried that not just a EC economic market, but potentially a social market) 5. Treaty of Maastricht (1993) [“EU Treaty”] (a) shifted from policy to polity – no longer just a coordination of MS policies, but becoming an institution in its own right (i.e. discussion becomes obviously political and social, not just economic): (i) expanded EC competence in the areas of education, health, etc. (ii) created central monetary policy and prospect of a single currency (iii) agreed on social policy, except for UK who opted-out of this (iv)introduced new legislative procedure of co-decision (v) established EU citizenship for all MS citizens (vi)introduced principle of “subsidiarity” (i.e. EU may not address issues better decided on the MS level; EU may only address higher-level issues where more efficient than MS or issue is un-localized) (b) created “three-pillar” structure for EU: (i) European Community (binding) (ii) foreign and defense policy (non-binding) (iii) justice and home affairs policy (non-binding)
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6. Post-Maastricht Self-Doubts (a) political self-doubt – Denmark referendum failed to ratify and French referendum barely ratified treaty, so sense that politicians out of touch (b) constitutional self-doubt – Brunner challenges adoption of EU Treaty by Germany, arguing that delegation of power to bodies not democratically accountable to German people unconstitutional, but German court rejects argument but holds that further EU legislation may be undemocratic
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This note was uploaded on 09/23/2007 for the course LAW 6661 taught by Professor Wilkinson during the Spring '07 term at Cornell.

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Law of the European Union - EUROPEAN UNION LAW Spring 2007...

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