The Development of the European Union Cheat Sheet

Sovereign States: a state with a defined territory that admini­sters its own government and is not subject to or dependent on another power.

Under intern­ational politics, the powers of the state are unlimited (only limited by reality of what the state can do).

Malta is a sovereign state.

Intern­ational Law: derives its power from the willin­gness of sovereign states to restrain themselves and abide by certain rules when carrying out intern­ational affairs.

EU is sui generis (i.e. unique) where the organi­sation can make decisions for its member states. When joining the EU, members are giving up some of their rights for the greater good of the state.

For example: EU members together decide standard rate of VAT (meaning countries within EU cannot tax more than that limit).

EU and member states are equals; when joining the EU, member states must abide by certain common rules and give priority to EU law over domestic law.

France and Germany agreed to create something which unites and discou­­rages wars. Most important resources of the time were coal and steel and so, France and Germany created an authority to ensure that they do not use their resources against each other.

Also known as '­Treaty of Paris' and was signed by France, Belgium, Germany, Italy, Nether­lands and Luxemb­ourg.

Was made to establish a common market, approx­imate economic policies of members, promote economic activi­ties. [also aimed to increase stability, raise standard of living and promote closer relations between members.]

Barriers to trade ended, common customs tariff and national monetary policies were going to be set up. Economic and Social Committee (with advisory status) was set up.

European Social Fund was also created to improve employ­ment. European Develo­pment Fund for overseas countries and territ­ories of some members was made.

Merged high author­ities, assemblies and courts of the past 3 treaties. Establ­ished the same instit­utions for 3 commun­ities; merged 3 commis­sions, commun­ities and courts into 1.

Was primarily a vanishing treaty; it started off as a list of amendments consol­idated into the EEC treaty (renamed as European Community Treaty) and the concept of the European Union was created politi­cally. It also brought about the Three Pillar Structure.

Deleted obsolete provisions from EC Treaty, added others, renumbered articles, titles, sections of TEU and EC treaties.

Principle of Openness was added where decisions where to be taken openly and close to EU citizens.

Article 6 EU was changed to declare that EU was founded on respect for human rights, democracy and rule of law and this became a requir­ement to join the EU.

Community Pillar was changed where it was agreed on weighting of votes, distri­bution of seats in the parliament and compos­ition of Commis­sion.

Article 43 EU enhanced co-ope­ration and relaxed some conditions required before enhanced co-ope­ration could be used.

Charter of Human Rights was made and was used as a step for legiti­macy, identity and human rights of EU.

Enlarged in 2004 where Czech Repblic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia joined.

Member States did not want to waste all the work that went into the EU Consti­tution draft. It amended Treaty on European Union and Treaty establ­ishing the EU. Renamed EC Treaty as Treaty of Functi­oning European Union.

First 3 titles of consti­tution were kept and 7 parts were added; compet­ences, discri­min­ation and citize­nship, policies and internal actions, associ­ation of overseas countr­ies­/te­rri­tories, external action and instit­utional and budgetary provis­ions.

Between Netherland and France, the Dutch author­ities came up with a custom code that imposed custom duties (which contra­dicts the treaty).

Ven Gend en Loos was charged custom duties, and so sued the Dutch custom author­ities in a dutch court. This case was then taken to the European Court of Justice (ECJ).

The ECJ establ­ished that provisions of the EEC treaty were capable of creating legal rights which could be enforced by natural and legal persons before the courts of the member states.

ENEL was given monopo­listic power (against the EEC treaties). Costa challenged ENEL because ENEL was not legally consti­tuted and Costa did not want to pay his bills.

Since Italian law was contra­dicting the EEC treaty, the Italian Court reasoned that the treaty could not be overridden by domestic provisions (as seen in Luxemb­ourg).

First substa­ntive treaty amendment

Provided a list of amendments to last 3 treaties. It enhanced European Parlia­men­t's power in legisl­ative process through a legisl­ative co-ope­ration procedure (Article 95 EC)

With this act, the markets were no longer shared but merged into one (in EEC treaty there was a common shared market).

Was split into 4 parts:

Part 1: basic objectives and values, binding human rights, compet­ences, forms of lawmaking and more.

Part 2: Charter of Rights

Part 3: Policies and functions of the EU

Part 4: final provisions