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European Union Law
University of Kansas School of Law
Doerfert, Laura

EUROPEAN UNION LAW OUTLINE SUMMER 2007 PROF. DOERFERT
 
I.             HISTORY AND DEVELOPMENT OF EUROPEAN INTEGRATION
 
A.            EUROPE AND US- WHY WE SHOULD CARE
                1.             Bilateral Trade Relations
                                a.             EU and US are each other’s main trading partners
                                b.             EU and US together are responsible for 2/5 of world trade
                                c.             Transatlantic workforce estimated at 12 to 14 million
                                d.             Two economies are interdependent
e.             ¼ of all EU-US trade consists of transactions within firms based on investments on either side of the Atlantic
f.             Transatlantic relationship defines the shape of the global economy as a whole
g.             World Trade Organization
 
B.            How Europe as it is came about
1.             to end the “fields of blood” which marked the history of fractious European tribes
2.             to ensure it never happens again
3.             Core is to ensure continuing peace
4.             Video Manuel Barroso- Portugal/ president of the European Commission
a.             John Bruton- former prime minister of Ireland- referring to the idea of the EU and they were trying to not just be an economic form of cooperation but also an idea
 
                C.            THE BEGINNING: SCHUMAN DECLARATION OF MAY 9, 1950
1.             Quote p. 3 Bank Holiday May 9 1950
2.             Schuman was the French Foreign Minister after WWII- came up with a very new idea- triggered everything that later led to the EU
a.             only 5 years after WWII; Europe in ruins- came up with an idea widely perceived as being something really new
3.             After WWI, France was trying to organize Europe in a way to keep Germany out- did not work; helped Hitler to gain power in Germany and led to a war worse than WWI
4.             After WWII, the new idea was to integrate Germany into the new organization of Europe
a.             Referring specifically to industries that are nowadays are not the industries of the 21st century- coal and steel
b.             Coal and Steel in 1950 were the backbone of the economy- sensible he started his conception of his new European integration with these industries. Also coal and steel were the means needed for arms industry- rely heavily on those; also this aspect that made him put his emphasis on those
5.             Was suggesting that Germany and France should put their industries together
a.             Lorraine-Alsace
b.             Came up with the idea they should be bound together under common control; and the main political consequence was that no country should be in control over the arms industry potential- idea behind it; not about European Union, but about making war impossible
6.             Two years later, in 1952, Treaty of Paris forming the ECSC
7.             European Coal and Steel Community (ECSC) had six states: France, West Germany, Italy, Belgium, Netherlands, Luxembourg
a.             The last three between France and Germany felt their markets were too small to survive without joining the program
b.             Italy felt thi

services, and all other industries-
b.             Euratom still exists, but hasn’t developed that well because in Europe had to find out that the splendid ideas about the peaceful use of economic energy- difficult to get rid of waste, etc. 
c.             EEC- broadening into other economic sectors; nucleus of what later became EU; did not replace the ECSC, it was a second community that was established next to the existing ECSC.
i)              Nowadays it is different. 
ii)             The ECSC was only good for 50 years. 2002 the treaty expired. In 2002 didn’t feel a need to keep the ECSC- just let it expire and took the remnants and integrated it into the EEC.
iii)            The 1957 treaty unlike the 1952 treaty was of unlimited duration. 
d.             Treaty of Rome still exists; achieved certain things under this treaty, but what we achieved and how we achieved it
 
4.             1965/67- Merger of the institutions (Council, Commission, Assembly) of the three Communities
a.             In 1960s had three communities: ECSC, EEC, and Euratom. They didn’t merge the communities but did merge the institutions of the communities (Council, commission and Assembly); so after 1965, just had one Council, Commission, and Assembly
 
5.             Treaty Of Rome – page 5 – 1965/66