1. Università degli Studi di Siena EU Law Siena, 5 november 2012
(1 Part)
History and development of the European integration
Dott.ssa Mery Ciacci
Università degli Studi di Siena

2. Structure and methodology
Part I: the EU legal order
Introduction to EU law: history and developments of the European integration
Institutions of the Union
The Union’s legal order: principles, legal acts, rulings
Part II: the common market
Four freedoms of movement: goods, workers, services, capital
Economic and Monetary Union (EMU)
competition law
Seminars

3. What is the European Union?

4. Elements of International Law
EU as an actor of International law:
International Organization (with legal personality) of regional integration
The Union as a “sui generis” actor of international law:
intergovernmental and supranational features
Similarities with federal State (i.e.: division of competences)
A political internal and external dimension
EU law as a (self-contained) system of International Law:
concessions of sovereign powers by Member States through the international treaties
Set of independent rules
Institutions
Independent system of adjudication

5. What is EU law?
It is the set of principles and rules that regulate the relationship among the Member States of the European Union
It derives from:
international treaties: founding treaties of the 3 communities + following treaties and amendements (primary law)
Legal acts of the EU institutions (secondary law)

6. History and evolution of the EU integration
In the aftermath of the 2nd WW: a new model of political cooperation for peace in Europe was desired
Churchill’s speech at the University of Zurich, 1946
Marshall Plan, 1947
Schuman’s declaration, 9th may 1950

7. Founding treaties
Treaty of Paris founding the ECCS (European Communitiy of Coal and Steel), Paris 18 April 1951,entered into force in 1952, signed by France, Germany, Italy, Belgium, Luxembourg, Netherlands
Treaty of Rome founding the EEC (European Economic Community), Rome 25 march 1957, entered into force in 1958
Euratom Treaty, founding the European Community for atomic energy (Euratom), Rome 25 march 1957, entered into force in 1958

8. 3 communities on strategic economic sectors
European Community of Coal and Steel
European Economic Community
European Community for atomic energy

9. Institutional asset: 3 distinct communities with
Different institutions
Commons institutions
Court of Justice
Assembly
ECCS: High Authority, Council of Ministers
EEC: EEC Commission
Euratom: Euratom Commission

10. Primary objectives: focus on eonomic growth
To establish a common market, based on free trade principles (i.e.: barriers to trade progressively abolished, a common customs was set up, rules for fair competition were adopted)
To approximate the economic policies of the Member States
To promote harmonious development of economic activities throughout the Community
To increase stability and raise the standard of living
To promote closer relations between the Member States

11. Further steps towards integration…
1957: fusion of executive bodies (Council of Ministers tout court, fusion of the High Authority and the Commission into one Commission)
Still 3 different communities: different attributed competences, different fields of action, but common institutions

12. Enlargements First round: 1973: Denmark, United Kingdom, Ireland
1981: Greece
1986: Spain and Portugal

13. Further steps in the integration process…
1979: first direct election of the European Parliament
1986: adoption of the Single European Act - positive integration: broader areas of competences, i.e.: environment, transports, telecommunication
Negative integration: progressively reduction of direct and indirect obstacles to commercial exchanges
Court of Justice: integration fostered through rulings (peculiarity of the European integration)

14. Single European Act (SEA)
60s and 70s: period of stagnation of the European integration process
Need for an institutional reform (to strengthen supranational aspects and diminish the impacts of intergovernmentalism)
SEA (1986):
Little far-reaching institutional reform: enhanced EP’s power in the legislative process (new legislative ‘cooperation’ procedure)
Extension of competences for the EC (social policy, environment, economic and social cohesion, research and technological development)
Further progress in establishing the internal market: a deadline to remove a list of barriers by the 31 January 1992; defined the internal market as ‘an area without internal frontiers in which the free movement of goods, persons, services and capital in ensured’

15. Treaties’evolution
Treaty of Maastricht founding the European Union, 7 February 1992
Treaty of Amsterdam, 2 October 1997 (entered into force in 1999)
Nice Treaty, 26 February 2001, (entered into force in 2003)
Lisbon Treaty, 13 December 2007, (entered into force in 2009)

16. Treaty of Maastricht (TEU)
Created the European Union (legal personality Art. 47 TEU)
Enhancement of the political dimension
Institutional change: the 3-pillars structure
European Citizenship
Extended competences in new areas, i.e.: culture, research and development, etc…
Broader power to the EU Parliament (co-decision)

17. (EEC was renamed the EC) (Common Foreign Security Policy)
The 3-pillar structure
3 PiIlars
European
Communities
(EEC was renamed the EC)
CFSP
(Common Foreign Security Policy)
JHA/
Police and Judicial
Cooperation
Justice and Home Affairs, in 2003 was renamed Police and Judicial Co-operation in Criminal Matters (PJC )
CFSP

18. 1st Pillar: the 3 European Communities
Areas subject to the supranational powers of the Communities
Policies falling under the field of competences of the Communities, as established in the treaties :
Free movement of goods, workers, services, capital
Agriculture
transports
Customs
Research and development
Environment

19. 2nd Pillar: the common foreign and security policy
Title V of the TEU
Established a mechanism of intergovernmental cooperation (overcoming the Ad hoc meetings) through which the Members could cooperate to:
Strenghten security and maintain peace
Promote international cooperation
Promote common values, human rights, the respect of the rule of law and democracy
Not an area subject to the supranational methods of decision-making (like the 1° pillar), but sensitive areas where the Members still wished to maintain control on

20. 3rd Pillar: JHA/Police and Judicial Cooperation
Title VI of the TEU
Area of intergovernmentalism
Policies such as:
Asylum
Immigration
‘third country’ nationals
Cooperation for the fight to international crimes, illicit trafficking, etc. and various forms of judicial, customs and police cooperation
Establishment of a European Police Office (Europol) for exchanging information and stronger cooperation in judicial matters (Eurojust)
Major role by the Council
Limited powers of the European Court of Justice

21. Enlargements Second round: 1995: Austria, Finland, Sweden
(Norway: negotiated the accession acts, but a national referendum opposed accession)

22. Treaty of Amsterdam Amending the TEC and TEU (new numeration)
Fostered integration through widening the areas of competences
Consolidated role of the EP in the decision-making process
Introduced a new Title IV into the TEC, on Visas, asylum, immigration and other policies related to free movement of persons (‘communitarization’ of an area falling under the 3rd pillar, now reduced to police and judiciary cooperation in criminal matters)
No real institutional reform
Stronger accent on the protection of human rights and fundamental freedoms

23. Treaty of Nice: The Charter of fundamental Rights
Nice Treaty: some changes to institutional structure of the EC (i.e. the weighting of votes in the Council, enhanced the EP’s power by extending the co-decision procedure to new areas)
News: The adoption of a Charter of Fundamental Rights
Soft law instrument: a step forward for the legitimacy, identity and human rights commitment of the EU
Why the need to strengthen the Human Rights dimension within the EU?
The underlying debate between the Constitutional Courts and the ECJ

24. Enlargements Third Round:
- 2004: Cyprus, Estonia, Latvia, Lithuania, Malta Poland, Czech Republic, Slovakia, Slovenia, Hungary
2007: Bulgaria, Romania
Requirements:
The ‘Copenaghen criteria’ set by the European Council in 1993
To adopt the entire ‘acquis communautaire’

25. Treaty of Lisbon
former project: the European Constitution (failure, political impasse)
2009: Treaty of Lisbon
the 3 pillars structure disappears
TUE + TFUE (former TEC) + Nice into a single Treaty
Strengthened role of the EU Parliament
Broader Union’s competences
Birth of the European External Action Service (EEAS)