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This chapter traces the origins and development of the European Union (EU) and EU law. The European Economic Community (EEC) was created by the European Community Treaty (the EEC Treaty or Treaty of Rome), signed by the six original Member States in 1957. The Treaty on European Union 1992 created the EU, incorporating the EEC, together with two new policy areas, Co-operation on Justice and Home Affairs and Common Foreign and Security Policy. The Treaty of Lisbon amended the two founding Treaties and replaced all references to the ‘European Community’ with ‘European Union’. Together, the two amended Treaties (the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union) constitute the Treaties on which the EU is founded. This chapter also looks at the UK’s withdrawal from the EU under Article 50 (Brexit).

Chapter

This chapter traces the origins and development of the European Union (EU) and EU law. The European Economic Community (EEC) was created by the European Community Treaty (the EEC Treaty or Treaty of Rome), signed by the six original Member States in 1957. The Treaty on European Union 1992 created the EU, incorporating the EEC, together with two new policy areas, Co-operation on Justice and Home Affairs and Common Foreign and Security Policy. The Treaty of Lisbon amended the two founding Treaties and replaced all references to the ‘European Community’ with ‘European Union’. Together, the two amended Treaties (the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union) constitute the Treaties on which the EU is founded. This chapter also looks at the UK’s withdrawal from the EU under Article 50 (Brexit).

Chapter

This chapter examines the three major sources of the law of the European Union. It first discusses the founding treaties, including the Treaty of Paris, the two Treaties of Rome, the Single European Act 1986, the Maastricht Treaty (which created the European Economic Community, renamed the European Community), the Amsterdam Treaty, and the Lisbon Treaty. The chapter then considers the nature and method of adoption of legislation, as well as the general legal principles that have been shaped by the Court of Justice of the European Union. Among the principles of EU law are the principle of proportionality and the principle of fundamental rights.

Chapter

1. Constitutional History  

From Paris to Lisbon

This chapter surveys the historical evolution of the European Union in four sections. Section 1 starts with the humble origins of the Union: the European Coal and Steel Community (ECSC), which was set up by the 1951 Treaty of Paris. While limited in its scope, the ECSC introduced a supranational idea that was to become the trademark of the European Economic Community (EEC). Section 2 focuses the EEC, while Section 3 investigates the development of the (old) European Union founded through the Treaty of Maastricht. Finally, Section 4 reviews the reform efforts leading to the Lisbon Treaty, and analyses the structure of the—substantively—new European Union as it exists today. Concentrating on the constitutional evolution of the European Union, the chapter does not present its geographic development.

Chapter

This chapter examines the way in which the UK’s membership in the European Economic Community (EEC) prompted changes in the domestic constitutional order. The discussions include the founding principles of the Treaty of Rome; the accession of the UK into the EEC; EEC law, parliamentary sovereignty, and the UK courts; and the horizontal and vertical effects of directives. The chapter explores the controversies engendered by the Maastricht, Amsterdam, and Lisbon Treaties; and concludes by assessing whether continued EC membership will entail a loss of the UK’s ‘sovereignty’ to a federal European constitution and a rebalancing of power within the constitution between Parliament and the courts.

Chapter

This chapter examines the way in which the UK’s membership in the European Economic Community (EEC) prompted changes in the domestic constitutional order. The discussions include the founding principles of the Treaty of Rome; the accession of the UK into the EEC; EEC law, parliamentary sovereignty, and the UK courts; and the horizontal and vertical effects of directives. The chapter explores the controversies engendered by the Maastricht, Amsterdam, and Lisbon Treaties; and concludes by assessing in what senses continued EC membership in the early part of the twenty-first century might have entailed a loss of the UK’s ‘sovereignty’ to a federal European constitution and a rebalancing of power within the domestic constitution between Parliament and the courts.

Chapter

On 1 December 2009 the Treaty of Lisbon entered into force. It amended both the Treaty on European Union and the Treaty establishing the European Community. The European Economic Community, established in the 1950s and renamed the European Community (EC) by the amendments of the Maastricht Treaty with effect from 1993, was the precursor to the EU. This book deals with the EU and EU law. It discusses the constitutional law of the EU, the sources of EU law, and the fundamental ground rules of the legal order, including the doctrine of supremacy and the doctrine of direct effect, as well as the preliminary reference procedure. The book also examines the nature of the EU, what it actually does, and its relationship with the Member States.

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This chapter describes what is interchangeably called the ‘common market’, the ‘single market’, or the ‘internal market’. These terms all refer to the same concept: a geographical area made up of the territories of the Member States, wherein there are (in theory) no barriers to trade, and which operate an identical external trade policy. The chapter looks at the completion of the single market, considering the European Economic Community (EEC) Treaty. It also identifies what makes the single market unique, detailing the stages of economic integration and the key components of the EU's internal market. In light of the Withdrawal Agreement, it will be some time before the UK distances itself from the EU's internal market. The transition period created by the Withdrawal Agreement effectively results in a form of ongoing ‘EU membership’ without institutional representation. Both the positive regulations that make up the internal market and the EU's customs union rules will thus continue to apply to the UK until at least the end of 2020.

Chapter

Justine Pila and Paul L.C. Torremans

This chapter discusses the role of the EU in the IP field before and since the introduction of the Lisbon Treaty. To that end it introduces the EU legal order itself, including its founding Treaties, institutions, and authority to act (competence), with a focus on IP. The chapter is organized as follows. Section 2.2 traces the establishment of the European Economic Community and its development to the European Union. Section 2.3 describes the seven EU institutions: the European Council, European Commission, European Parliament, Council, Court of Justice of the EU, European Central Bank, and Court of Auditors. Section 2.4 explains the legal authority of the EU, in relation particularly to IP. Section 2.5 covers EU measures and their legal effects. And Section 2.6 discusses the actions of the Court of Justice.

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with analysis of the background to European integration. The focus then shifts to analysis of the Treaties and the principal Treaty revisions from the inception of the European Economic Community (EEC) to the present day. The EEC Treaty is examined, followed by the Single European Act, and the Maastricht, Amsterdam, and Nice Treaties. The discussion continues with examination of the failed Constitutional Treaty and the successful ratification of the Lisbon Treaty. The chapter concludes with analysis of the impact of the financial crisis, followed by an overview of theories European integration offered to explain its evolution.

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter discusses international sources of law. Conventions and treaties are the primary sources of international law. International law also relies on custom, that is to say informal rules that have been commonly agreed over a period of time. The United Kingdom joined the (then) European Economic Community (EEC) in 1972. As part of the conditions for joining, the UK agreed that EEC (now EU) law would become automatically part of the law of the United Kingdom. The principal treaties governing the EU are the Treaty on European Union and the Treaty on the Functioning of European Union. Disputes are adjudicated by the Court of Justice of the European Union. Although the UK voted to leave the EU, it is not known when this will happen, meaning EU law will remain part of UK law for the time being.

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter discusses international sources of law. Conventions and treaties are the primary sources of international law. International law also relies on custom, that is to say informal rules that have been commonly agreed over a period of time. Resolving disputes in international law is very different to resolving domestic disputes, including the fact that in some instances, there is no court that can hear a challenge. The United Nations, particularly its Security Council, has the primary role in upholding international law, meaning that it is often political rather than judicial resolution. In 1972, the United Kingdom joined the (then) European Economic Community (EEC). As part of that process, it agreed to shared sovereignty, meaning that in some areas, European law would take precedence. The United Kingdom has now left the European Union but, as will be seen, its laws will remain an important source of English law for some time.

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter begins with analysis of the background to European integration. The focus then shifts to analysis of the Treaties and the principal Treaty revisions from the inception of the European Economic Community (EEC) to the present day. The EEC Treaty is examined, followed by the Single European Act, and the Maastricht, Amsterdam, and Nice Treaties. The discussion continues with examination of the failed Constitutional Treaty and the successful ratification of the Lisbon Treaty. The penultimate section deals with the impact of the financial crisis, the refugee crisis, the rule of law crisis, the pandemic crisis, and the Brexit crisis. This is followed by an overview of theories European integration offered to explain its evolution. The UK version contains a further section outlining the basic structure of UK legal relations with EU law post-Brexit.

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter begins with analysis of the background to European integration. The focus then shifts to analysis of the Treaties and the principal Treaty revisions from the inception of the European Economic Community (EEC) to the present day. The EEC Treaty is examined, followed by the Single European Act, and the Maastricht, Amsterdam, and Nice Treaties. The discussion continues with examination of the failed Constitutional Treaty and the successful ratification of the Lisbon Treaty. The penultimate section deals with the impact of the financial crisis, the refugee crisis, the rule of law crisis, the pandemic crisis, and the Brexit crisis. This is followed by an overview of theories European integration offered to explain its evolution. The UK version contains a further section outlining the basic structure of UK legal relations with EU law post-Brexit.