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Chapter

This chapter examines the history of the establishment and development of the European Union (EU). It discusses the underlying motives for its founding, which include the desire for peace, security against the rising threat from the Soviet Union, and economic development. It describes the origins of the Union which can be traced from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC). This chapter also explains the roles and obligations of the EU in managing the external relations of its members, particularly in international trade. It looks at the subsequent extensive developments to both the Communities and the Treaties.

Chapter

This chapter examines the history of the establishment and development of the European Union (EU). It discusses the underlying motives for its founding, which include the desire for peace, security against the rising threat from the Soviet Union, and economic development. It describes the changing relationship of the UK with the EU, particularly in view of the Brexit decision, and suggests that the origins of the Union can be traced from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC). This chapter also explains the roles and obligations of the EU in managing the external relations of its members, particularly in international trade.

Chapter

This chapter traces the history of the EU, and UK participation in the EU project at its key developmental moments, revealing that the referendum outcome on 23 June 2016 was perhaps a shock, but not a wholly unpredictable one. The EU's overall goals have never quite matched the UK's reasons for participating in the project. The chapter then sets out what goals the EU project has had over time, and how these have fitted with UK priorities and interests. It also looks at each key revision of the EU's foundational Treaties in turn, including the Treaty of Rome, the Maastricht Treaty, and the Lisbon Treaty. The UK willingly limited its sovereignty when it joined the EU in 1972; it has now exercised its sovereignty again by withdrawing from the EU. The chapter concludes with some thoughts on what will happen next in the now four-year-long Brexit saga.

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

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).

Chapter

This chapter tries to set the context and provide an understanding of the historical basis of the EU, before looking in detail at its constitutional base. It considers the rationale for the EU, why it was established, what it is, and some of the difficulties encountered along that path to the present day and explains the use of the terms ‘European Union’ and ‘European Community’. The discussions cover the motives for European integration; the founding of the European Communities; the basic objectives and nature of the European Union; the widening and deepening of the Communities and Union; and future developments and conclusions.

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 examines the way in which the actions of the state can infringe the Treaty. The Treaty contains a number of relevant provisions, including Article 4(3) TEU, and Articles 14, 34, 101, 102, 106, and 107-109 TFEU. While there are valid reasons for EU controls, the topics discussed raise important issues concerning the very nature of the EU. Thus, the jurisprudence under Article 106 has prompted questions about how far it is possible for a state to entrust certain activities to a public monopoly, or to a private firm that has exclusive rights.

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. The existence and scope of EU competence are outlined in the Lisbon Treaty: the EU may have exclusive competence, shared competence, or competence only to take supporting, coordinating, or supplementary action. This chapter examines these three principal categories of EU competence, and their implications for the divide between EU and Member State power. It also considers certain areas of EU competence that do not fall within these categories, and the extent to which the new regime clarifies the scope of EU competence and contains EU power.

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 examines the way in which the actions of the state can infringe the Treaty. The Treaty contains a number of relevant provisions, including Article 4(3) TEU, and Articles 14, 34, 101, 102, 106, and 107-109 TFEU. While there are valid reasons for EU controls, the topics discussed raise important issues concerning the very nature of the EU. Thus, the jurisprudence under Article 106 has prompted questions about how far it is possible for a state to entrust certain activities to a public monopoly, or to a private firm that has exclusive rights. The UK version contains a further section analysing issues concerning state aids and the UK 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 examines the way in which the actions of the state can infringe the Treaty. The Treaty contains a number of relevant provisions, including Article 4(3) TEU, and Articles 14, 34, 101, 102, 106, and 107-109 TFEU. While there are valid reasons for EU controls, the topics discussed raise important issues concerning the very nature of the EU. Thus, the jurisprudence under Article 106 has prompted questions about how far it is possible for a state to entrust certain activities to a public monopoly, or to a private firm that has exclusive rights. The UK version contains a further section analysing issues concerning state aids and the UK 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. The existence and scope of EU competence are outlined in the Lisbon Treaty: the EU may have exclusive competence, shared competence, or competence only to take supporting, coordinating, or supplementary action. This chapter examines these three principal categories of EU competence, and their implications for the divide between EU and Member State power. It also considers certain areas of EU competence that do not fall within these categories, and the extent to which the new regime clarifies the scope of EU competence and contains EU power. The UK version contains a further section analysing issues of EU competence in relation to the UK 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. The existence and scope of EU competence are outlined in the Lisbon Treaty: the EU may have exclusive competence, shared competence, or competence only to take supporting, coordinating, or supplementary action. This chapter examines these three principal categories of EU competence, and their implications for the divide between EU and Member State power. It also considers certain areas of EU competence that do not fall within these categories, and the extent to which the new regime clarifies the scope of EU competence and contains EU power. The UK version contains a further section analysing issues of EU competence in relation to the UK post-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 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

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the framework and institutions of the European Union. It covers European Union Treaty framework since 1957; sources of EU law and their status after the UK leaves the European Union; the effect of leaving the European Union on the Charter of Fundamental Rights and Freedoms; failure to transpose a Directive into national law; the effect of leaving the European Union on the Francovich principle; breach of a Treaty provision by the national legislature; breach of a Treaty provision by the national administration; incorrect transposition of a Directive into national law; liability of judicial acts; the Lisbon Treaty and the procedure for withdrawal from the European Union under Art 50. This chapter also looks at the legislative process of withdrawal from the European Union including the European Union (Withdrawal) Act 2018.

Chapter

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.

Chapter

Paul Craig

This chapter traces the development of what is now the EU. It first describes the origins of ideas of European unity. It then discusses the various treaties that paved the way towards broader European integration. These include the European Coal and Steel Community Treaty of 1951,the Single European Act 1986, the Treaty on European Union (TEU) of 1992, and the Lisbon Treaty of 2009. Next, the chapter turns to the impact of the global financial crisis on the EU and considers several theories of integration.

Chapter

Paul Craig

This chapter traces the development of what is now the EU. It first describes the origins of ideas of European unity. It then discusses the various treaties that paved the way towards broader European integration. These include the European Coal and Steel Community Treaty of 1951,the Single European Act 1986, the Treaty on European Union (TEU) of 1992, and the Lisbon Treaty of 2009. Next, the chapter turns to the impact of the global financial crisis on the EU and considers several theories of integration.

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

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.