What is now referred to as The European
Union (EU) is a multi-national legal entity which owes its existence and its
powers and duties to a succession of treaties.
The EU is neither a state nor a federation of states but it acquired legal
personality as a result of the Lisbon Treaty (2007). The Lisbon Treaty (2007) came into force on 1st December 2009.
Following the Lisbon Treaty of 2007, it
is now possible to refer to the “consolidated versions” of the “Treaty
on European Union” and the “Treaty on the Functioning of the European Union.” On this web page, these will be referred
to as TEU and TFEU respectively.
During two World Wars (1914-19) and
(1939-45) the U.K. had made a massive contribution. The original purpose or vision
of those instrumental in the creation of the European Communities was to try to
prevent future wars within Europe by controlling raw materials such as coal and
the production of steel.
Because of membership of the EU,
nationals of member states are now "Citizens of the Union."
They enjoy the rights given to them by the various Treaties (e.g. the free
movement of workers). The EU has improved the rights of Citizens - (e.g.
by the equal treatment for men and women provisions) - and they have enjoyed
the economic benefits of membership.
The EU is the largest trading bloc in the
world with a population exceeding 490 million. It is possible that
membership will grow in the future but applicant states must have
democratic institutions, guarantee the rule of law and protect human rights.
United Kingdom (UK) is linked politically with most of continental
Europe through membership of the European
Union (EU). The Treaty of Paris 1951 created the “European
Coal and Steel Community” (ECSC) whichcame into being in July 1952 with a
limited lifetime of 50 years, ending 23rd July 2002. The
Treaties of Rome 1957 created additional “communities” – the “European Economic Community"
(later renamed the European Community) and the European Atomic Energy Community
U.K. membership of those communities
commenced on 1st January 1973. The European
Communities Act 1972 was passed to give legal force
within the legal system of the United Kingdom to the Treaties and other community law deriving from the
Since 1957 there have been numerous
structural changes as well as a gradual accretion of power from the Member
States to what is, since the Treaty on European
Union (Maastricht) 1992, referred to as
the “European Union” (EU).
D. Membership of the EU
Since 1st January 2007,
membership of the EU stands at 27 member states:-
From 25th March 1957:
Belgium, France, Germany, Italy, Luxembourg, Netherlands. [These were the
From 1st January 1973:
Denmark, Republic of Ireland, United Kingdom
From 1st January 1981:
From 1st January 1986:
From 1st January 1995:
Austria, Finland, Sweden
From 1st May
2004: Cyprus, Czechoslovakia, Estonia, Hungary,
Latvia, Lithuania, Malta, Poland, Slovak Republic, Slovenia
From 1st January 2007:
[Note: The former Federal Republic of
Germany joined in 1973 and the former German Democratic Republic became a
member on 3rd October 1990].
[Note: Greenland joined on 1st
January 1973 but ceased to be a member in 1985].
A Treaty of Accession for Croatia was signed on 9th December 2011 and it is expected that Croatia will become a member from 1st July 2013.
This organisation comprises the EU member
states plus Iceland, Liechstenstein and Norway.
E. Background to the Lisbon Treaty of 2007
attempt to have a "European Constitution" was put on the political "back-burner"
following NO votes in referenda held in France (May 2005) and The Netherlands
(June 2005). For further information about the European
Constitution which was proposed see Institutional Reform
In June 2007, a further agreement was
reached between EU Heads of Government about a
"Reform Treaty" amending some of the
existing Treaties which set up and govern the EU. An Inter-Governmental Conference (IGC) was set up to prepare the amending treaty and
the text was agreed at a meeting between Heads of Government held in Lisbon in
On 13th December 2007 the Treaty of Lisbon
The Treaty of Lisbon amended existing
Treaties such as the Treaty on European Union and the Treaty establishing the
European Community. The Lisbon Treaty had to be ratified by the Member
States in accordance with their respective constitutional requirements and it
could not come into force until the first day of the month following the
deposit of the last instrument of ratification. The original plan was
that it would enter into force on 1 January 2009. However, that
was not achieved, mainly due to a NO vote in the first Irish referendum.
In October 2009, after a second referendum, the Irish Republic acceded to the
Treaty. The final State to ratify the Treaty was the Czech Republic whose
President signed it on 3rd November 2009.
Article 6 of the Treaty of Lisbon is
important in that it states that the “The
Union recognises the rights, freedoms and principles set out in the Charter of
Fundamental Rights of the European Union of 7 December 2000 (as adapted at
Strasbourg on 12 December 2007), which shall have the same legal value as the
Treaties.” In relation to the U.K. and the
Charter of Fundamental Rights, a Protocol to the Lisbon Treaty seeks to prevent
the European Court of Justice (or any UK court) finding that laws in the UK are
inconsistent with the fundamental rights.
Furthermore, the Treaty of Lisbon
enables the EU to accede to the European Convention on Human Rights and
the European Commission (hereinafter referred to as
the Court of Justice of the European Union,
the European Central Bank
the Court of Auditors.
The TEU Art 13 requires each institution
to act within the limits of the powers conferred on it in the Treaties, and in
conformity with the procedures, conditions and objectives set out in them. The
institutions are directed to practice mutual sincere cooperation.
The provisions relating to the European
Central Bank and the Court of Auditors and detailed provisions on the other
institutions are set out in the Treaty on the Functioning of the European
The European Parliament, the Council
and the Commission are assisted by an Economic and Social Committee and a
Committee of the Regions acting in an advisory capacity.
Under TEU Art 14, the European
Parliament exercises, jointly with the Council, legislative and budgetary
functions. It must exercise functions of political control and consultation as
laid down in the Treaties. The Parliament elects the President of the
The European Parliament is made up of
representatives of the Union's citizens up to a maximum of 750 representatives
(plus The President). Representation of citizens is “degressively
proportional” with a minimum threshold of six members per Member State and a
maximum of 96.
Members of the European Parliament are
elected for a term of five years by direct universal suffrage in a free and
The European Parliament elects its
President and its officers from among its members.
Since 1979, the Parliament has been directly
elected. It exercises democratic supervision over the other EU
The European Council provides the Union
with the necessary impetus for its development and defines the general
political directions and priorities thereof. It may not exercise legislative
The European Council consists of the
Heads of State or Government of the Member States, together with its President
and the President of the Commission. The High Representative of the Union for
Foreign Affairs and Security Policy takes part in its work.
The European Council must meet every 6
months - (meetings are convened by its President). The TEU provides that
other government Ministers may attend to assist a member of the European
Council. A member of the Commission may attend to assist the President of
Except where the Treaties provide
otherwise, decisions of the European Council are taken by consensus.
The European Council elects its
President, by a qualified majority, for a term of two and a half years,
renewable once. In the event of an impediment or serious misconduct, the
European Council can end the President's term of office in accordance with the
A very important post is that of the President of the European Council.
In many media articles the holder of this post has been inaccurately referred
to as “The President of Europe.” Contrary to views expressed in some
quarters, the European Union has not become a State in its own right (e.g. like
a federation such as the U.S.A.) though it is true to say that, since the
Lisbon Treaty, the EU has a legal persona.
of the European Council:
(a) shall chair it and drive forward
(b) shall ensure the preparation and
continuity of the work of the European Council in cooperation with the
President of the Commission, and on the basis of the work of the General
(c) shall endeavour to facilitate
cohesion and consensus within the European Council;
(d) shall present a report to the
European Parliament after each of the meetings of the European Council.
The President of the European Council
shall, at his level and in that capacity, ensure the external representation of
the Union on issues concerning its common foreign and security policy, without
prejudice to the powers of the High Representative of the Union for Foreign
Affairs and Security Policy.
The President of the European Council
may not hold a national office.
The Council consists of a representative
of each member state at ministerial level. The representative has to be
able to commit the government of the member state in question.
The Council acts jointly with the
European Parliament to exercise legislative and budgetary functions. It
carries out policy-making and coordinating functions as laid down in the
The Council acts by “qualified
majority” except where the treaties provide otherwise. [“For “qualified
majority” see TFEU Art 238]. The definition of “qualified majority” will
change from 1st November 2014 and meanwhile certain “transitional provisions”
apply – see TEU Art 16(4) and 16(5).
The Council meets in different
“configurations” – see TFEU Art 236.
There is also a Committee of Permanent
Representatives (COREPER) which is responsible for preparing the work of the
The Presidency of Council
configurations (other than Foreign Affairs) is held by Member State
representatives in the Council on a rotating system set out in TFEU Art 236.
The Commission is required to promote
the general interest of the EU and to take appropriate initiatives to that
end. It is the Commission which is tasked with ensuring the application
of the Treaties and of measures adopted pursuant to the Treaties.
Commission also oversees the application of EU law under the control of the
Court of Justice of the EU.
Commission also executes the budget and
manages programmes. It exercises coordinating, executive and management
functions, as laid down in the Treaties. The Commission work programme may be seen here.
With the exception of the common
foreign and security policy, and other cases provided for in the Treaties,
Commission has to ensure the Union's external representation.
Union legislative acts may only
be adopted on the basis of a Commission proposal, except where the
Treaties provide otherwise. Other acts are adopted on the basis
of a Commission proposal where the Treaties so provide.
The Commission's term of office is 5
years and members are chosen on the ground of their general competence and
European commitment from persons whose independence is beyond doubt. In
carrying out its responsibilities, the Commission must be completely
independent. The members of the Commission must neither seek nor take
instructions from any Government or other institution, body, office or entity.
They must refrain from any action incompatible with their duties or the
performance of their tasks.
Up to 31st October 2014 the Commission
consists of one national per member state including its President and the High
Representative of the Union for Foreign Affairs and Security Policy who shall
be one of its Vice-Presidents.
From 1st November 2014, the Commission
will consist of a number of members including its President and the High
Representative of the Union for Foreign Affairs and Security Policy,
corresponding to two thirds of the number of Member States, unless the European
Council, acting unanimously, decides to alter this number. This raises
the prospect that countries such as the United Kingdom may not have their own
Commissioner other than when a “rotating system” permits. For further on
this see TFEU Article 244. This will undoubtedly be viewed by British
Eurosceptics as a retrograde step bearing in mind that originally the UK was
entitled to appoint 2 Commissioners.
The President of the Commission is
appointed by the European Parliament though it is the European Council which
makes a nomination.
Under TEU Art 16(8) - The Commission,
as a body, is responsible to the European Parliament.
In accordance with Article 234 of the
TFEU, the European Parliament may vote on a motion of censure of the Commission.
If such a motion is carried, the members of the Commission must resign as a
body and the High Representative of the Union for Foreign Affairs and Security
Policy must resign from the duties that he carries out in the Commission.
A considerable amount of documentation is made available for public scrutiny or for consultation purposes - see here.
Under TEU Art 19, The Court of Justice
of the European Union includes the Court
of Justice, the General
Court and specialised
courts. The student of EU law should
make a detailed study of TEU Art 19 and TFEU Arts 251-281 as well as Protocol
3. What follows is an outline only.
Court of Justice
The court of justice shallensure that in the interpretation and
application of the Treaties the law is observed.
Member States shall provide remedies
sufficient to ensure effective legal protection in the fields covered by Union
of Justice comprises one Judge per member state
and is assisted by 8 Advocates-General. [There is provision in the TFEU
to increase the number of Advocates-General].
The Judges and the Advocates-General of
the Court of Justice are chosen from persons whose independence is beyond doubt
and who satisfy the conditions set out in Articles 253 and 254 of the Treaty on
the Functioning of the European Union.
The Court of Justice of the European
Union shall, in accordance with the Treaties:
on actions brought by a Member State, an
institution or a natural or legal person;
(b) give preliminary rulings, at the request of
courts or tribunals of the Member States, on the interpretation of Union law or
the validity of acts adopted by the institutions;
in other cases provided for in the Treaties.
Court of Justice is based in Luxembourg. It exists to ensure that EU
legislation is interpreted and applied in the same way in all EU
countries. It ensures, for example, that national courts do not give
different rulings on the same issue.
Court also makes sure that EU member states and institutions do what the law
requires. The Court has the power to settle legal disputes between EU member
states, EU institutions, businesses and individuals.
The Court of Justice sits in “Chambers”
or in a “Grand Chamber” – (which applies is set out in the “Statute of the
Court of Justice of the European Union”).
The Advocates-General - It is the duty of the Advocate-General, acting
with complete impartiality and independence, to make, in open court, reasoned
submissions on cases which, in accordance with the Statute of the Court of
Justice of the European Union, require his involvement.
The Judges elect the President of the
Court of Justice from among their number for a term of three years. He may be
Court shall include at least one judge per
The TFEU contains provisions relating
to the make up of the “General Court.” These are not covered further
here. The General Court has jurisdiction to hear and determine at first
instance certain actions or proceedings referred to in Articles 263, 265, 268,
270 and 272, with the exception of those assigned to a specialised court set up
under Article 257 and those reserved in the Statute for the Court of Justice.
The General Court has jurisdiction to
hear and determine actions or proceedings brought against decisions of the
The General Court has jurisdiction to
hear and determine questions referred for a preliminary ruling under Article
267, in specific areas laid down by the Statute.
The European Parliament and the
Council, acting in accordance with the ordinary legislative procedure, may
establish specialised courts attached to the General Court to hear and
determine at first instance certain classes of action or proceeding brought in
European Central Bank
TFEU Arts 282-284
There is a European System of Central
Banks (ESCB) and a European Central Bank (ECB). A protocol sets out
further details of the ESCB and the ECB – see protocol 4. The ECB is the central bank for Europe's
single currency, the euro. The ECB’s main task is to maintain the euro's
purchasing power and thus price stability in the eurosystem. The UK is
not part of the “Eurosystem.”
See European Central Bank. The ECB has
its own legal personality and it alone may authorise the issue of the
euro. It is independent in the exercise of its powers and in the
management of its finances. Union institutions, bodies, offices and agencies
and the governments of the Member States must respect that independence.
Those Member States whose currency is
not the euro, and their central banks, retain their powers in monetary matters.
Court of Auditors
TFEU Arts 285-287
The Court of Auditors conducts the
Union's audit. It consists of one appropriately qualified national per member
state. Members are appointed for 6 years.
In the 1980s there was considerable debate about what “free
movement of persons” actually entailed.Some
Member States thought that it should refer to EU citizens only even though that
would have meant the retention of internal border controls. Other States argued that it covered all
persons (whether EU citizen or not) and that there was no need for internal
border controls.In 1985, France,
Germany, Belgium, Luxembourg and the Netherlands decided to create, between
themselves, a territory without internal borders and this became known as the
The first agreement between those 5 countries was signed in
June 1985.A further convention was
signed in June 1990 and came into effect in 1995.Internal border controls were abolished
between the signatories.This freedom of
movement was accompanied by certain “compensatory measures” involving improved
cooperation between the police, customs and the judiciary and taking necessary
measures to combat terrorism and organised crime.A Schengen Information System (SIS) was
created to exchange data on the identities of persons and descriptions of objects
which are stolen or lost.
The Schengen Area gradually extended to include every EU
member State excluding the UK and Ireland.
In March 1999, the UK asked to participate in some aspects
of Schengen – namely police and judicial cooperation in criminal matters, the
fight against drugs and the Schengen Information System (SIS).In 2000, Ireland made a similar request. Such participation by the UK and Ireland was agreed subsequently.
The developments since the original Schengen agreement are
collectively referred to as the Schengen
Acquis - ("acquis" referring essentially to the body of law which has emerged since Schengen 1985).The various rules were integrated into the
framework of the EU by the Treaty of Amsterdam (October 1997).When
the Treaty of Lisbon 2007 was negotiated there was a wish to preserve the
Schengen acquis and to develop it further.The matter is now governed by the Treaty on the Functioning of the EU – Protocol
19. See also The Schengen Acquis and its integration into the EU - Europa website.