2. The constitutional base of the Union

2021 ◽  
pp. 12-41
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

This chapter discusses the Treaties which together represent the primary law of the European Union; its constitutional base. These include the Single European Act 1986; the Treaty on European Union (the Maastricht Treaty) 1993; the Treaty of Amsterdam (signed June 1997, entered into force 1 May 1999); the Nice Treaty (adopted December 2001, entered into force 1 February 2003); and the Treaty of Lisbon (signed December 2007, entered into force 1 December 2009).

Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

This chapter discusses the Treaties which together represent the primary law of the European Union; its constitutional base. These include the Single European Act 1986; the Treaty on European Union (the Maastricht Treaty) 1993; the Treaty of Amsterdam (signed June 1997, entered into force 1 May 1999); the Nice Treaty (adopted December 2001, entered into force 1 February 2003); and the Treaty of Lisbon (signed December 2007, entered into force 1 December 2009).


2016 ◽  
Vol 3 (1) ◽  
pp. 38
Author(s):  
Pranvera Beqiraj (Mihani)

This paper elaborates the evolving role of national parliaments in the different stages of the European integration process. The Review begins with the first stage (the foundation of the European Union) where national parliaments showed no or little interest in the matters of Community, and then the impact of Single European Act, following the first changes in the Maastricht Treaty, through the two Declarations attached to it and then the Protocol to the Treaty of Amsterdam. Finally the paper focuses on the changes and innovations presented in the Lisbon Treaty which will enhance the role of national parliaments in the European Union governance. For this purpose, the paper analyzes chronologically the rights that national parliaments had before the Lisbon Treaty and the new role of national parliaments after the Lisbon Treaty came into force.


Author(s):  
Frank Schimmelfennig ◽  
Thomas Winzen ◽  
Tobias Lenz ◽  
Jofre Rocabert ◽  
Loriana Crasnic ◽  
...  

The chapter analyses the development of the European Parliament (EP) since the European Coal and Steel Community (1952). Specifically, it includes the establishment of an international parliamentary institution (IPI) in 1952, the initial creation of legislative powers in the Single European Act (1986), the renegotiation of legislative powers ahead of the Treaty of Amsterdam (1997) and the extension and consolidation of legislative powers in the Treaty of Lisbon (2009). The EP is the earliest case of IPI establishment in the sample and the most successful case of IPI empowerment. Even though the effective conditions for IPI establishment and empowerment have varied over time, parliamentarization in the EU has generally resulted from strategic democratic legitimation in an IO characterized by a configuration of high and increasing authority, general purpose, and democratic membership.


Author(s):  
Neil Parpworth

This chapter discusses the primary and secondary laws of the European Union (EU). Treaties are the primary law of the EU. In addition to the treaties that originally established the three European Communities, a number of other treaties have subsequently been made. These include the Treaty on European Union (the Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, and the Lisbon Treaty, all of which have made important amendments to the foundation treaties. Article 288 of the Treaty on the Functioning of the European Union (TFEU) confers legislative power on the Union’s institutions to make secondary legislation in accordance with the provisions of the Treaty. This secondary legislation may take different forms: regulations, directives, decisions, recommendations, and opinions. The chapter also discusses the concepts of direct applicability and direct effect, and the relationship between EU law and the English courts.


2017 ◽  
Vol 7 (2) ◽  
pp. 84-106
Author(s):  
Tomasz Kubin

Abstract Initially, before the entry into force of the Maastricht Treaty, differences in integration between members of the European Communities (EC; later the European Union) were relatively few and usually temporary in nature. The Schengen Agreement, the Maastricht Treaty and the Treaty of Amsterdam, and the possibility of establishing enhanced cooperation meant that the problem was becoming more and more important in the functioning of the EU—both in theory and in practice. The objective of the paper is to show that for several years, along with the stagnation in the deepening of integration between all the EU Member States, differentiation of integration in the EU is progressing very rapidly. The progressing differentiation in the EU is a consequence of mainly two processes: the development of enhanced cooperation and reforms in the eurozone, which are strengthened by the widening of the EU. The article covers the issue of the categorization of differentiation of European Union integration, which constitutes the theoretical framework for further considerations. Specified processes which contribute to increasing the differentiation of the EU are discussed, showing the development of enhanced cooperation in the EU and presenting the reforms of the eurozone. The article concludes with the identification and the consequences of differentiated integration, both those that have already occurred and those that may occur in the future.


1993 ◽  
Vol 14 (1) ◽  
pp. 167-182
Author(s):  
Jacques Le Cacheux

On February 7, 1992, the twelve leaders of the European Community (EC) countries met and solemnly signed the European Union Treaty --the so-called Maastricht Treaty. Earlier agreements amongst European states reinforcing their economic integration --such as the creation of the European Monetary System (EMS) in 1979 and the Single European Act, which, in 1986, provided for the dismantling of intra-EC borders and the completion of the European common market on January 1st, 1993. However the Maastricht Treaty was deemed to contain such radical amendments of the Community's founding treaties that it had to be submitted to ratification by the various national legislatures or constituencies.


1998 ◽  
Vol 1 ◽  
pp. 217-231
Author(s):  
Timothy Pratt

While the Community Treaties provided the institutional framework for the European Community, much of what now makes up the constitution of the European Union was not provided for in those Treaties, but evolved within that framework. This is certainly true of the role of national parliaments. There is nothing about the role of national parliaments in any of the Treaties concluded prior to the Maastricht Treaty, and even then the references appear not in the body of the Treaty, but only in two Declarations annexed to it, one on the role of national parliaments in the European Union and the other on the Conference of the Parliaments. While the former states that it is important to encourage greater involvement of national parliaments in the activities of the European Union, it gives no indication of what that involvement should be. The Treaty of Amsterdam goes a step further. It includes a protocol on the role of national parliaments. This is important in that, for the first time, it gives substantive treaty recognition to their involvement in European Union activities. But, while it is markedly more supportive than the Maastricht Declarations, it does not confer any specific powers on national parliaments, nor does it attempt to define their functions.


2012 ◽  
Vol 9 (1) ◽  
pp. 63-70 ◽  
Author(s):  
Nicolas de Sadeleer

The principle of subsidiarity is a fundamental principle of the European Union. It has first been introduced in the field of environmental policy by the Single European Act in 1987 and extended to all fields of shared competencies by the Maastricht treaty in 1992. Since then much has been done to operationalize the principle, and subsidiarity has received increasing attention by the Union’s institutions and Member States. The following contribution provides a brief appraisal of the role of the principle and of how it has influenced environmental legislation, so far.


Author(s):  
Neil Parpworth

This chapter discusses the primary and secondary laws of the European Union (EU). Treaties are the primary law of the EU. In addition to the treaties that originally established the three European Communities, a number of other treaties have subsequently been made. These include the Treaty on European Union (the Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, and the Lisbon Treaty, all of which have made important amendments to the foundation treaties. Article 288 of the Treaty on the Functioning of the European Union (TFEU) confers legislative power on the Union’s institutions to make secondary legislation in accordance with the provisions of the Treaty. This secondary legislation may take different forms: regulations, directives, decisions, recommendations, and opinions. The chapter also discusses the concepts of direct applicability and direct effect, and the relationship between EU law and the English courts, and concludes by considering the likely enduring impact of EU law even after the UK has ceased to be a member state.


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