Eu Constitutional Law Constitutional Evolution Of The Eu - EU Constitutional Law

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 o 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 o o o o o 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 o o o o o o 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: o 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: o o 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. o o o o o 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 o o o o 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 o o o o o o o 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 o o o o o o o o 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