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European Union Law: Introduction

A guide to researching the law of the European Union

The European Union

The European Union (EU) is a regional, or supra-national, organization designed to encourage cooperation among its members in many areas of economic, social, and foreign policy. It is not itself a sovereign state, nor does it enjoy international legal personality; however, member states have transferred elements of their internal sovereignty to the EU, and the EU in turn has achieved a unique level of integration among its member states.

The EU has a complex structure that has been constantly evolving since its founding in the post-World War II years. The EU originally comprised three separate treaty-based organizations.

  • European Coal and Steel Community (ECSC), created in 1951 by the Treaty Establishing the European Coal and Steel Community (ECSC Treaty or the Treaty of Paris) (261 U.N.T.S. 140). The ECSC treaty was signed and ratified by Belgium, Netherlands, Luxembourg, Germany, France, and Italy.
  • European Economic Community (EEC), created in 1957 by the Treaty Establishing the European Economic Community (EEC Treaty or the Treaty of Rome) (298 U.N.T.S. 11), which was signed and ratified by the same six nations.
  • European Atomic Energy Community (EURATOM), created in 1957 by the Treaty Establishing the European Atomic Energy Community (the EURATOM Treaty) (298 U.N.T.S. 167), which was signed and ratified by the same six nations.

The three treaty bodies were merged in 1965 by the Treaty Establishing a Single Council and a Single Commission of the European Communities (Merger Treaty) (4 ILM 776). The ECSC, EEC, and EURATOM became the European Communities (referred to as the EC or Common Market).


The EU has expanded seven times (1973, 1981, 1986, 1995, 2004, 2007, 2013) and now includes 28 member states.

Additional Constitutional Treaties

Five additional treaties have shaped the EUs structure and powers. They include the following.

  • The Single European Act of 1987 (25 ILM 506) reformed Council and Parliament decision-making procedures in preparation for additional expansion of membership and the creation of a single market.
  • The Treaty of European Union (Maastricht Treaty) (31 ILM 247) [1992 O.J. (C191) 1] of 1993 established the European Union, based on the European Communities, introduced elements of political union (citizenship, common foreign and internal affairs policy), further reformed Parlaiment's role in decision-making, and paved the way for monetary union.
  • Treaty of Amsterdam [1997 O.J. (C 340)1] of 1999 further reformed Parliamentary decision-making procedures, and amended, renumbered, and consolidated the EU and EEC treaties in preparation for additional expanzion.
  • Treaty of Nice of 2003 [2001 O.J. (C80) ] of 2003 altered the method of changing the composition of the Commission and redefined the voting procedure in Council in order to promote efficient functioning of institutions after membership reached 25 nations
  • Treaty of Lisbon of 2009 [2008 O. J. (C115)1]  granted more power to the European Parliament, changed the voting procedures in the Council, established a citizens' initiative, created a permanent president of the European Council, a new High Representative for Foreign Affairs, and a new EU diplomatic service.

Institutions

The European Council functions as the chief executive of the EU. It comprises the heads of state of each member nation together with the president of the European Commission. It meets at least twice per year and determines the overall political direction of the EU.

The Council of the European Union is made up of government ministers from each of the member nations, whose subject portfolios correspond to the matter under consideration. For example, environment ministers meet to discuss environmental topics, etc. The Council is the chief legislative body of the EU, adopting several types of primary legislation, including regulations, directives, and decisions.

The European Commission is the executive department, responsible for implementing the treaties. It also  researches and develops policy, and initiates legislation. It is composed of 27 commissioners and a vast bureaucracy administrative personnel.

The European Parliament is directly elected by citizens of the member states every five years. It plays a limited, but increasingly important role in legislation. Under the "ordinary legislative procedure," Parliament works along side the Council to adopt legislation in certain subject areas, e.g., consumer protection,  the environment, agriculture, energy policy, and immigration. Parliament also adopts the EU's annual budget, and exercises control over certain important decisions, such as membership expansion. Finally, Parliament can also reject nominees to the Commission as a whole, or force them to resign.

The  Europa web site includes further information on these and other  institutions of the EU.

Subject Guide

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