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Eu Constitutional Law Constitutional Evolution Of The Eu Notes

BCL Law Notes > EU Constitutional Law Notes

This is an extract of our Eu Constitutional Law Constitutional Evolution Of The Eu document, which we sell as part of our EU Constitutional Law Notes collection written by the top tier of University College Dublin students.

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CONSTITUTIONAL EVOLUTION OF THE EU

EU court of justice
EU court of HR is not an institution, it's attached to the council of Europe which is separate from EU
A lot of the executive power is divided > EU commission is in charge of budget for e.g.
EU parliament > largest transnational parliament in le world
EU council - legislative branch

SOURCES OF EU LAW

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There is EU commission legislation which is secondary
Secondary legislation = Legislation adopted at EU level
Primary legislation are treaties

1. The treaty of Rome
Re-shaped Europe and laid out how EU will function
It stimulated free trade
Free movement of goods, people, capital and services
Millions of new jobs
Support - equal pay
Other countries seduced 6 countries - 28 countries
Euro intro as common currency
Foreign policy and security

2. The treaty of the European union (TEU) -
more constitutional

3. The treaty on the functioning of the EU (TFEU)
less constitutional

The powers that the states have are in the TFEU = e.g of an exception to the loose rule

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o oFilling in the gaps


UN V EU

Common law - precedence and mutual decisions - constant referral to other judges.
Base decisions on precedent
This allows law to develop in EU much like in Ireland
We have unenumerated personal rights - this doesn't exist at EU level
There are 'general principles' that are implied, rather than unwritten rights.
The same way a judge can regard a decision as well founded based on unwritten rights, a judge at EU law can point to a general principle in the same way, to base their judgement.
Decisions at EU level can be said to have had more influence than prior IRISH decisions.
The basic structures of the state at EU level is much blurrier than the Irish constitution -
for E.G > is EU law binding in domestic states? Which is supreme?
The judicial answers have shaped the EU, what it is and how it functions.
First book on reading list > you can take it into exam - Black stone book on legislation
Craig and DeBurce > the one he recommends •

EU is essentially an attempt to create one big nation out of many nations in Europe
UN is an organization that is trying to promote cooperation and peaceful relations (on a voluntary basis) between independent countries

BASIC POINTS ABOUT THE EU
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Fundamentally, WW2 marked beginnings of it
Same as UN, It wrecked the economic world
Balance of powers between member states is a useful way of conducting int. relations to ensure that there is no dominance
Equality 1453 > states trying to balance out power in Europe
Other members used to ally themselves to stay safe > did the same in the world wars
E.G Germany v the Allies
Problems > sometimes it does not keep the peace - the wars are a prime example
So they figured thered be a better way
European federation - idea brought forward

o Inter-governmental organisations:
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Forums - organisational equivalent of a room - tend to be dominated by unanimity - veto -
if one member does not agree it will be struck down - UN, C.O.E…they don't transfer a huge amount of power to each member state - INTER GOVERNMENTAL - working together

o Supranational organisation:
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involve a transfer of power to an international level goes further than domestic executive real transfer of executive power to international level e.g they do have power to enforce decisions on a domestic level - there is majority decision making and members can be out voted - EU

The EU as a supranational org.
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Not so black and white - Korean war was a hybrid to overrule the principle.
EU is not ALL supranational, also decided unanimity.
Particular aspects can be more inter-governmental
Can evolve
EU began with a limited number of things decided by majority but they've expanded and grown
Why? V hard to progress with decisions purely by unanimity
The member states have grown hugely also
Very hard to get a large group of members to decide on everything/ anything unanimously

HAPENNY CONFERENCE
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Aiming at supranational entity and it succeeded in that way
C.O.E established
V.important for HR
Federal government at EU level - aimed at - cannot be instant - it happened overtime and it didn't involve a full union in one go, it evolved In sectors
Only western were involved
Why? Eastern > red army and USSR > communist - clearly not going to join an intergovernmental org. The breakthrough

o Schuman Doctrine o

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Robert Schuman > invited members of EU to join w French gov. to pool their coal and steel resources and putting them under supranational, common authority > transfer of power at
EU level
Meant any country that went along with it (open invite) were handing over a big industry to an international organisation
Coal and steel is absolutely vital for war
Handing over ability to wage war - this was significant in terms of peace and security
Furthermore, this was right after WW2, huge act of trust.
Sectoral > only related to the economic government of states
Not relating federally - just to a sector of federal government
Real powers WERE being handed over - completely supranational - new form - not intergovernmental
The declaration talks about 'the first step' > the language is very uniting and talking about federal and united Europe and they say 'europe will not be made all at once according to a single plan' - very pragmatic and rational, - limited but decisive
Taking action 'may be the leaven from which may grow a wider and deeper community'
This is known as the snowball theory of integration - neofunctionalism - exactly what truly happened over the years

THE ECSE
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European coal and steel community treaty 6 members
Fore-runner to today's EU
Had a commission just like today but was called the higher authority'
executive power to represent interest of the community at large
The high authority could PROPOSE legislation but the power to introduce and enforce was to the council of ministers council of ministers to represent the interest of the member states.
parliamentary assembly represent the people of Europe members were not elected but consisted of national parliament members who went over.
court of justice ensure the law would be observed and enforced and the new community would be under a rule of law that would prevail rather than a dictatorship
Succeeded v well and the members decided to continue it with other members.

Defeats o

They negotiated two new treaties -

1. European atomic energy treaty >

2. EEC
o Both referred to as the treaty of Rome

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