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For example, what is often not made clear in the texts is the issue of how a State joins the Union and here its symbiotic relationship with the Community is made clear. You can only be a member of the Union if you are already a member of the Community. The Community is the gateway to the Union. But whereas the Community has legal competency to make law affecting Member States, the Union does not. 5.5.2 1951–92: the development of the European Community The EC was established through the founding Treaty of Rome 1957 concluded between France, West Germany, Belgium, Italy, Netherlands and Luxembourg, five of whom were also members of the Council of Europe. At the time of its creation it was known as the European Economic Community (EEC for short) and the treaty establishing it became known as the EEC Treaty In 1951 the same six States had established the European Coal and Steel Community (ECSC), and on the same day as the EC was established they also established the European Atomic Energy Community (Euratom) through a second Treaty of Rome. There were therefore three distinct Communities with some shared and some separate institutions. In 1965, a Merger Treaty merged the institutions of the three Communities, but the Communities themselves remained distinct. The UK was not keen to join the Community in 1957, preferring to set up the European Free Trade Area (EFTA) with Austria, Denmark, Norway, Portugal, Sweden and Switzerland. (In part of course the EFTA could be seen as a defensive move by European States not in the EEC.) All of the original members of EFTA with the exception of Norway are now members of the EC. In fact, the UK changed its policy relatively quickly and applied for membership only four years later in 1961, but France blocked the application for just over 10 years. The UK finally signed and ratified a Treaty of Accession in 1972. The Treaty of Rome is unusual in that it insists on its provisions being enforced by the legal systems of Member States. The UK therefore had to incorporate large parts of the Treaty into English law through the enactment of the European Communities Act (ECA) 1972. The founding States of the EC wished to use the fact of economic unity to forge greater political and social unity. There was a desire for a broader EU than that based on materials and movement of people and goods. This agenda was advanced by the Single European Act 1986 which paved the way for the single currency—the euro. Finally, the EU was created in 1992 by the Member States of the EC concluding the TEU 1992, also known as the Maastricht Treaty. This treaty, in so far as it relates to the Union, remains operative at the international level but has no effect on the legal systems of Member States. When the Union, through its institutions, operates within the legislative competence of the Community actions do have an effect on the legal systems of Member States. Should areas within the wider Union require embedding in the legal systems of the Community, then in fact what occurs is an appropriate agreement to move matters from the Union into the sphere of legal competency of the Community. For example, the agreement between Member States of the Union to co-operate on home affairs and justice (pillar 3, above) led to large areas of this ‘pillar’ being moved into the legal competency of the Community so that it could become the subject of law making that was effective within the legal systems of Member States.
DOI link for For example, what is often not made clear in the texts is the issue of how a State joins the Union and here its symbiotic relationship with the Community is made clear. You can only be a member of the Union if you are already a member of the Community. The Community is the gateway to the Union. But whereas the Community has legal competency to make law affecting Member States, the Union does not. 5.5.2 1951–92: the development of the European Community The EC was established through the founding Treaty of Rome 1957 concluded between France, West Germany, Belgium, Italy, Netherlands and Luxembourg, five of whom were also members of the Council of Europe. At the time of its creation it was known as the European Economic Community (EEC for short) and the treaty establishing it became known as the EEC Treaty In 1951 the same six States had established the European Coal and Steel Community (ECSC), and on the same day as the EC was established they also established the European Atomic Energy Community (Euratom) through a second Treaty of Rome. There were therefore three distinct Communities with some shared and some separate institutions. In 1965, a Merger Treaty merged the institutions of the three Communities, but the Communities themselves remained distinct. The UK was not keen to join the Community in 1957, preferring to set up the European Free Trade Area (EFTA) with Austria, Denmark, Norway, Portugal, Sweden and Switzerland. (In part of course the EFTA could be seen as a defensive move by European States not in the EEC.) All of the original members of EFTA with the exception of Norway are now members of the EC. In fact, the UK changed its policy relatively quickly and applied for membership only four years later in 1961, but France blocked the application for just over 10 years. The UK finally signed and ratified a Treaty of Accession in 1972. The Treaty of Rome is unusual in that it insists on its provisions being enforced by the legal systems of Member States. The UK therefore had to incorporate large parts of the Treaty into English law through the enactment of the European Communities Act (ECA) 1972. The founding States of the EC wished to use the fact of economic unity to forge greater political and social unity. There was a desire for a broader EU than that based on materials and movement of people and goods. This agenda was advanced by the Single European Act 1986 which paved the way for the single currency—the euro. Finally, the EU was created in 1992 by the Member States of the EC concluding the TEU 1992, also known as the Maastricht Treaty. This treaty, in so far as it relates to the Union, remains operative at the international level but has no effect on the legal systems of Member States. When the Union, through its institutions, operates within the legislative competence of the Community actions do have an effect on the legal systems of Member States. Should areas within the wider Union require embedding in the legal systems of the Community, then in fact what occurs is an appropriate agreement to move matters from the Union into the sphere of legal competency of the Community. For example, the agreement between Member States of the Union to co-operate on home affairs and justice (pillar 3, above) led to large areas of this ‘pillar’ being moved into the legal competency of the Community so that it could become the subject of law making that was effective within the legal systems of Member States.
For example, what is often not made clear in the texts is the issue of how a State joins the Union and here its symbiotic relationship with the Community is made clear. You can only be a member of the Union if you are already a member of the Community. The Community is the gateway to the Union. But whereas the Community has legal competency to make law affecting Member States, the Union does not. 5.5.2 1951–92: the development of the European Community The EC was established through the founding Treaty of Rome 1957 concluded between France, West Germany, Belgium, Italy, Netherlands and Luxembourg, five of whom were also members of the Council of Europe. At the time of its creation it was known as the European Economic Community (EEC for short) and the treaty establishing it became known as the EEC Treaty In 1951 the same six States had established the European Coal and Steel Community (ECSC), and on the same day as the EC was established they also established the European Atomic Energy Community (Euratom) through a second Treaty of Rome. There were therefore three distinct Communities with some shared and some separate institutions. In 1965, a Merger Treaty merged the institutions of the three Communities, but the Communities themselves remained distinct. The UK was not keen to join the Community in 1957, preferring to set up the European Free Trade Area (EFTA) with Austria, Denmark, Norway, Portugal, Sweden and Switzerland. (In part of course the EFTA could be seen as a defensive move by European States not in the EEC.) All of the original members of EFTA with the exception of Norway are now members of the EC. In fact, the UK changed its policy relatively quickly and applied for membership only four years later in 1961, but France blocked the application for just over 10 years. The UK finally signed and ratified a Treaty of Accession in 1972. The Treaty of Rome is unusual in that it insists on its provisions being enforced by the legal systems of Member States. The UK therefore had to incorporate large parts of the Treaty into English law through the enactment of the European Communities Act (ECA) 1972. The founding States of the EC wished to use the fact of economic unity to forge greater political and social unity. There was a desire for a broader EU than that based on materials and movement of people and goods. This agenda was advanced by the Single European Act 1986 which paved the way for the single currency—the euro. Finally, the EU was created in 1992 by the Member States of the EC concluding the TEU 1992, also known as the Maastricht Treaty. This treaty, in so far as it relates to the Union, remains operative at the international level but has no effect on the legal systems of Member States. When the Union, through its institutions, operates within the legislative competence of the Community actions do have an effect on the legal systems of Member States. Should areas within the wider Union require embedding in the legal systems of the Community, then in fact what occurs is an appropriate agreement to move matters from the Union into the sphere of legal competency of the Community. For example, the agreement between Member States of the Union to co-operate on home affairs and justice (pillar 3, above) led to large areas of this ‘pillar’ being moved into the legal competency of the Community so that it could become the subject of law making that was effective within the legal systems of Member States.
ABSTRACT
The UK was not keen to join the Community in 1957, preferring to set up the European Free Trade Area (EFTA) with Austria, Denmark, Norway, Portugal, Sweden and Switzerland. (In part of course the EFTA could be seen as a defensive move by European States not in the EEC.) All of the original members of EFTA with the exception of Norway are now members of the EC. In fact, the UK changed its policy relatively quickly and applied for membership only four years later in 1961, but France blocked the application for just over 10 years. The UK finally signed and ratified a Treaty of Accession in 1972. The Treaty of Rome is unusual in that it insists on its provisions being enforced by the legal systems of Member States. The UK therefore had to incorporate large parts of the Treaty into English law through the enactment of the European Communities Act (ECA) 1972.
