Pilonii- Christa Tobler

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  • 7/29/2019 Pilonii- Christa Tobler


    Chapter 2 The developmeni of European ir

    Groundwork for the subsequent European

    Topic:The three European communities represented the beginning of what would subsequenly becoEuropean Union in its originalform.

    The European Communities: the beginning of an important edifice

    ECSC:EAEC ("Euratom"):EEC:

    European Coal and Steel CommunityEuropean Atomic Energy CommunityLuropean Economic Community

    Treaties:lhdividual treaties for the individual CommunitiesTreaty respectively. ECSC Treaty, Euratom Treaty, EEC


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    Chapter 2 The development of European

    The metaphor of a temple with thre

    Topic:The original EU was often compared to a temple whose roof rested on three pillars.

    The "temple" according to the Maastricht Treaty (1992/1993)

    CFSP,.:, i,'i'CFSP:ECSC:EAEC ("Euratom"):EC:JHA:

    Treaties:For the EU as a whole:Specifically for the ECs:Nature:First pillar:Second and third pillar:

    ECSC, EAEC, EC JHA" --" .y. ...r! l,\,.tf r- -"' i., L i -i.Common Foreign ahd Security Policy V

    European Coal and Steel CommunityEuropean Atomic Energy CommunityEuropean Community'(formerly "EuropeanEconomic Community")'Justice and Home Affairs (name later changed)

    The EU TreatyThe three EC Treaties

    Supranationallntergovernmental in principle46

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    Tht d"t"l"F*t"t "t E'after the Amsterdam revision

    revision resulted in an enlarged first pillar and in a smaller third pillar. The latter was givennarne'

    The temple after the Amsterdam revision (1997/1999)




    Common Foreign and Security PolicyEuropean Coal and Steel CommunityEuropean Atomic Energy CommunityEuropean CommunityPolice and Judicial Cooperation in Criminal Matters

    New Title lV inParl Three ofihe EC Treatyon visa,asylum, andimmigration

    No structural changes came about as a result of the Nice Treaty (signed in 2001, entry into forcecn 1 February 2003); see Chart 2/26.


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    Chapter 2 The development of European IntegqThe European Union before and after the Lisbon revisi

    Topic:The Lisbon Treaty does away with the European union,s traditionar pillar structure

    The effect of the Lisbon Treaty on the structure of the EU

    Lisbon Treaty(Re.l'orm Treaty)

    The EU before the Lisbon Treaty:Three Treaties (Nice versions):. Ill" E9 Treaty (overail structure):. lle !u lreaty (first piilar);. The Euratom Treaty'(flrst'pillar).

    Iff.^!,:ry,1 rreaty (Reform rreaty)contalns the changes to the presentTreaties.

    The Lisbon Treaty does away with theEU'-s_traditionat piilar structur; ii;"' - ,Union is no longer u"."J on ir," ""turopean Communrties. The EC is ,replaced and succeedeO OV tf,e eil. ;Euratom exists outside tne'fr"m"r^rorf of ,;the EU Treaty

    Ln: fU and Euratom folowing theLisbon Treaty:Three Treaties (Lisbon versions):. Two Treaties on the EU: the EUTreaty and the Treaty on theFunctioning of the European Union(former EC Treatv):. One Treaty on the'Atomic EnergyCommunity: the Euratom Treati'

    See Charf 2/22, Chaft 2/23

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    1 lnt!'oiucticn iha?ter 1 lntroductionFr'c: European Union law (and Gommunity law)









    Topic:The present materials focus on European Union (EU) law. Alongside EU law there is also Community law.Community law was both larger and more important prior to the Lisbon revision.

    EU law before the Lisbon revision

    EU law pre-LisbonThe law relating to the EU, including elements relaiingto the originally three, later two, EuropeanCommunities; see Chaft 2/4.The EU: an international organisation based on theTreaty on European Union ("Maastricht Treaty"),signed in 1992, in force since 1 November 1993,repeatedly revised; see Chaft A7.

    EU law post-LisbonThe law relating to the EU, now including the law of theformer EC (which no longer exists under this name buthas been fully integrated into the EU); see Chaft UI6.The EU: the European Union of 199211993, as revisedthrough the Lisbon revision; see Chart 2/16.

    Community law post-LisbonThe law relating to the only remaining EuropeanCommunity, namely the EAEC; see Chaft 2/16.

    Gommunity law pre-LisbonThe law relating to the European Communities; seeChart 2/4.The Communities: originally three, subsequently two,intemational organisations older than, and separatefrom, the EU:' European Coal and Steel Community (ECSC);expired in 2OO2;' European Atomic Energy Community (EAEC);' European (Economic) Communlty (EEC, later EC).

    EU law after the Lisbon revision


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    2 The dvelopment of European lntegration

    EU following the Lisbon revision

    l,?::'::iJl[::ision' the EU mav perhaps be compared to a rarse pranet around which Euratom

    European Union (as amended)on two Treaties of equal value:Treaty on European Union 1fe Uy;.rjle treaty on the Functioning oi the European Union(TFEU, i.e rhe former EC Tre"at,j, ;;;#d"jthrough the Lisbon Treaty).

    Euratom (as amended)Based on the EuratomTreaty. Changes to thepresent Euratom Treatvcan be found in protoc-olNo 2 attached to theLisbon Treaty.

    Structure of the EU following the Lisbon revision


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    Following the Lisbon revision, there are three fundamental EU texts of equal value, namely two Tree(the Treaty on European Union and the Treaty on the Functioning of the European Union) and one Chr(the Charter of Fundamental Rights). ln the picture of a planet,. they represent the core, tne mantf e Jni

    Chapter 2 The development of European I

    Three fundamental texts of equal



    TFEUTreaty on the Functioning of theEuropean UnionCharterCharter of Fundamental Rights

    Art. 6(1)TEU:The Charter of FundamentalRights of 7 December 2000, asadapted on 12 December 2002,"shall have the same legalvalue as the Treaties".Note:The Charter itself is not aTreaty, as it needed noratificaiion.

    cnaetiizt\? l:vrty::"ToPic;The Lisbon tre;After the Amsproyisions'

    Art.'S'of the"The articleestab'lishintthe tables (No!e:'.' .Through thFunctisnint

    Secondarv acSecondaryactt-egal basis forGeneral leqal tGeneral lelat Iueneral legal Ilmportant sufProhibition of iMovement ancFree movemert,rohibition of