INTRODTION
After the Second World War, Europe established its week points and the danger coming from nationalisation that had distressed the continent. The idea of the European Union was to gather all leaders from the European states and get them to work together and create a strong union that would diminish the possibility of future wars, although there was a certain ideological groundswell in favour of a United Europe shortly after world war two the European Union did not come in to existence until a later date.
The aims of this essay are to discuss the events that were pertained in 1957 to 1993, but in order to understand the developments I have briefly outlined the essential points on the ECSC, which will be again seen through the essay.
1. Historical developments of a United Europe
2. The Outline of EU law 1957 to 1993
• The Treaties of Rome (EEC and Euratom)
• Merger Treaty
• The Single European Act
• Maastricht Treaty
HISTORICAL DEVELOPMENT OF THE EUROPEAN UNION
The first step of the federation of Europe was established May 1950 by Robert Schuman, the foreign minister for France. He made a historical proposal for the merging of the Coal and steel industries of France and Germany, and any other country that wanted to participate, under a supranational high authority, the proposal was enthusiastically endorsed by the Benelux countries, France, Germany and Italy. The treaty establishing the European coal and steel ECSC was signed in Paris on 18 April 1951, and came into force on 20 July of the following year. The objectives inspired by the Schumann declaration, was by means of pulling the heavy industries together and to set limited specific economic objectives as steps towards the long term political objective of Euro...
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...unity
• Subsidiarity
• Citizenship
• Emu
• New legislation procedures (co. decision). This gives the European Parliament a veto on legislation for the first time
• New activities and competence: education, culture, consumer protection, energy, industtrial policy, development cooperation, social policy
2nd pillar
Amendments to ECSC and Eurotom Treaties
Common foreign and Security Policy (CFSP)
• European council could adopt ‘common positions’ based on the agreement of the MS, which the MS then had to ensure that their national policiesconformed.
• This replaced European Political cooperation, which had existed since the mid 1960s.
3rd Pillar
JUSTICe and home affairs (JHA)
• Policies on asylum, immigration and nationals of non-EC member states
• Provision on cooperationagainst international crime: judical and police cooperation including the establishment of europool
The case of Francovich had a significant impact on the European Union (EU) law. If a conflict arises between the EU law and the national law, the EU law highly prevails. The European Union law is a framework of treaties and legislation, which have a direct or indirect effect on the laws of the member states which are bound to the European Union. Primary and Secondary laws are the two sources of the EU law. This essay will firstly analyse the main institutions of the European Union and define various legal terms. It will then move on, to discuss the case of Francovich and the importance it had for state liability. Furthermore, it will refer to subsequent cases which are linked with state liability and had an impact on the EU Law. Lastly, my own views about State Liability will be presented.
The Schuman proposal began various European countries setting up the European Coal and Steal Community (ECSC), this was signed in 1951 by six countries. The countries that initially set up the ECSC were France, Germany, Italy, Luxembourg, Belgium and the Netherlands. The idea behind the ECSC was the first serious institutional committee in Europe and was the start of integration, the aim was to provide a common market of coal and steel trade. This meant that each of the states would be able to have access to the various qualities of coal and steel that the members had with no tariff of importing and exporting to the various countries. This let the countries concentrate on their more efficient areas leading to specialisation. The ECSC began the beginning of supranational power because the "High Authority could adopt binding decisions" (1) as elements of decision making were carried out by ECSC committees. A supranational power is where the member state has to abide by the decisions made of the community, as they have power above the national level.
The European Union as an established governing body is an essential example of this concept which must be reviewed as the establi...
Following the post-World War II carnage and violence, a new Europe arose from the ashes. This new Europe was decimated from the intermittent fighting between the Allied and Axis powers during the second great war and the nations of Europe sought to devise a plan that to avoid further war-time conflicts within the region. The European Coal and Steel Committee was the first advent of assembling nations together in political and economic interest. The ECSC was formed in 1950 with the signing of the Treaty of Paris whose signatories included West Germany , Italy, Luxembourg, Belgium, France and The Netherlands.
One of the main aspects in the changing attitudes of powerful actors after the Second World War was the devastation and loss provoked by the conflict. Nationalism and the emergence of fascism were good examples of complications caused by an absence of cooperation amongst European states and many debated the option of a new European system of close cooperation (Judt, 2005, p.6). The several plans introduced contributed to the construction of what is now called the European Union.
With the ratification of the Lisbon Treaty, and the installation of Herman van Rompuy and Baroness Catherine Ashton, Europe has made another step towards change. Change it desperately needs in order to be able to compete with uprising powers such as China and India. Nonetheless, as we have come to know about Europe, the step taken today is a step too small, and a step taken too slow.
The European Union economic and political union is divided between twenty-eight European countries that united to preserve the economy, of the union. This form of economic preservation allowed “an organization spanning policy areas, from climate, environment, and health to external relations and security, justice and migration” (EU 2018). First, to build the European Union every country within the union avoided conflict by trading goods with one another. The act of courtesy in trade amongst the countries promoted peace and economic growth between the European countries (EU 2018).
Although the European Union consists of a large variety of institutions, the most important institution is the European Commission. Established in 1958 and based in Luxemburg and Brussels, this hybrid institution (executive and bureaucratic) “epitomizes supranationalism and lies at the center of the EU political system” (Dinan, 2010, p. 171). It has a substantial bulk of responsibilities and carries out these responsibilities with a vast number of constituents, acting as the executive for the EU. These responsibilities include anything from drafting and initiating policy to managing the financial framework of the EU, and can have a large impact on the other institutions of the EU. In order to “promote the general interests of the Union,” the Commission strives to unify the interests of the member states and is continually working for implementation and harmonization of EU law (Dinan, 2010, p. 191).
One important factor of European integration is the Marshall Plan and the United States’ push for European interdependence. The United States’ goal with the Marshall Plan was to aid in the reconstruction of Europe by eliminating trade barriers and revolutionizing certain industries helping Europe to thrive again (Hogan, 1987). This goal forced the countries of Europe to work together to rebuild not just their countries, but the European community. The beginnings of the European Economic Community were also born out of the Marshall Plan and its provisions that contributed to the creation of the Organization for European Economic Cooperation (Weigall and Stirk, 1992: 39). This was one of the first formal supranational organization in Europe and laid the foundation for how the European states interact and integrate with each other throughout the rest of the European integration process. Even after the funding ended, the countries of Europe who joined together under the Organization for European Economic Cooperation continued to thrive with increasing inly stable economies (Eichengreen 2008, 57). It can be argued that the Marshall Plan is the foundation on which European integration
After WWII, many politically influential people saw a need to create some form of interdependence between the nation states of Europe as a means to preventing further war (Watts, 2008: p6). In 1951 Germany, France, Italy, Netherlands, Belgium and Luxembourg all signed the Treaty of Paris creating the European Coal and Steel Community (ECSC); the beginnings of an integrated Europe which has seen many changes since its creation (Thody, 1997: p1). Today it has become the highly integrated European Union with 28 member states, 18 of which share a single currency (Archick, 2014: p1). The process of EU integration is a complex one, as can be seen in its history and will surely be seen in its future. There is no simple explanation that can successfully explain the growth of the EU from a economic community of six nation states to the political and economic union it has become today. However there are two competing theories for explaining EU integration that give opposing views on the matter, neo-functionalism and intergovernmentalism. In this essay I will examine both theories and attempt to reach a conclusion if either successfully explains EU integration.
In 1957 the European Economic Community, the precursor to the European Union, was formed by the signing of the Treaty of Rome. The nations of Belgium, West Germany, France, Italy, Luxembourg, and the Netherlands signed the Treaty in order to form an economic community that would solidify Europe in response to the continental division during World War Two and to form “a closer union” among member nations. The continent had been reeling from the devastation of two world wars and many agreed that in order to prevent future war the nations of Europe must come together. The treaty allowed for easier trade and travel between member nations and the synchronizing of many economic regulations (Lisbon). One early example of economic synchronization
Pro-EU politicians will argue that the EU 's purpose is what it has been since its early begins, to join a continent into one economic, political, and social environment for the benefit of all of Europe. They will continue their argument by highlighting the benefits of being part of such a union in terms of the power and recognition it brings to a country. Ending their argument by claiming that the EU helps keep the continent secure, prosperous, and united as a whole (Ash 2-4). However, while these assertions on paper are appealing, in reality, they are no longer true. The EU and its member states have long been plagued by economic crisis, security risk, terrorist attacks, annexation, and even in inequality. While at one time the EU was a union that countries and continents idolized and respected, over the years it has begun to crumble into nothing more than a dysfunctional meeting of European world
“From time to time it is worth reminding ourselves why twenty-seven European nation states have come together voluntarily to form the partnership that is the European Union.” 1
Forgue, D.G., Kehoskie, N.S. 2007. ‘Enlargement Fatigue in the European Union’. International Law News. Vol 36 (2). Spring 2007. Pp 1-2.
The Europea n Union is certainly one of the most powerful and organized organisations in the world, nowadays, it regroups about 500 millions people all over 28 countries in the European continent. On the contrary a very strange structure and some political and economical arrangements were done during the past years making the EU law sometime confusing and frustrating for some other countries. During this essay we will explain how the European Union is structured, explaining the most important institutions and how these institutions interact with each other knowing that sometimes exceptions are made for someone’s and not for others. Creating problem between parties. The aim of this essay is to understand the EU structure and assess how the EU laws are applied to such an organisation. We will answer the two questions basing our research and work on “Law for business students“ written by Alix Adams and some other resources as well.