Hello everybody and welcome to an introduction to European Union law. In this article, what we’re going to do is take a very brief introduction to the study of the European Union by examining some of the descriptive realities of the European Union. This includes talking about what the European Union actually is, the way in which it is regulated, the kind of member states that exist within it, its development over time, and outlining the scope of this series of lessons.
What is the European Union?
The first question that we can ask, and that you probably should ask if you are studying European Union law and have never interacted with the European Union, is: what actually is the European Union? This might be a confusing question if you live in Europe, as most Europeans are very familiar with the EU. Simply put, the European Union is a supranational political and economic union made up of 27 member states within the continent of Europe.
The Unique Nature of the European Union
The European Union is often considered a unique legal and political entity. While other regional institutions, like the African Union and ASEAN, have attempted to mimic its structure, the EU’s history and development make it relatively unique. Its influence extends not only within Europe but also on the world stage, particularly in areas like international trade.
The Development of EU Law
EU law has developed gradually since the 1950s, evolving through treaty amendments, new treaties, and the addition of new member states. Competences, or areas of law regulated by the EU rather than member states, have also expanded over time. Examples include citizenship rights, which are harmonized at the supranational level.
The History of EU Enlargement
The European Union began as the European Community (EC) with just six member states. Between 1973 and 2013, 22 more states joined, including Eastern European countries after the collapse of the Soviet Union. The UK’s departure in 2020 marked the first time a member state left the EU. Currently, several countries, including Ukraine and Turkey, are in various stages of joining the EU.
What This Series Will Cover
This series will provide a general overview of EU law, covering topics typically included in undergraduate modules. We’ll discuss EU institutions, the application of EU law in member states, judicial review, direct effect, and more. Advanced topics, like the single market, will be covered in greater detail in future lessons.
The Origins of European Integration
The idea of European integration dates back centuries, but the modern EU emerged after World War II. The devastation of the war led to a push for internationalism and European cooperation. The Treaty of Rome in 1958 established the European Economic Community (EEC), laying the groundwork for today’s EU.
Key Milestones in EU History
The EU has undergone significant changes over the decades. The Schengen Agreement (1985) introduced frictionless travel, while the Maastricht Treaty (1992) formally established the European Union. The Treaty of Lisbon (2009) brought structural reforms, including the creation of the European Council President and a single legal personality for the EU.
The Accession Process: How States Join the EU
EU accession refers to the formal process by which a state joins the EU. The Copenhagen Criteria, established in 1993, outline the requirements for membership, including being a European country, having a functioning market economy, and respecting the rule of law and human rights. Current candidate states include Ukraine and Turkey.
Brexit: The UK’s Departure from the EU
Brexit, the UK’s exit from the EU, is the only instance of a member state leaving the union. The process, governed by Article 50 of the Treaty on European Union, took four years from the 2016 referendum to the formal withdrawal in 2020. The UK entered a transition period, remaining part of the single market until a trade agreement was finalized.
Article 50: The Legal Mechanism for Leaving the EU
Article 50 outlines the process for a member state to withdraw from the EU. It includes provisions for negotiation, a two-year timeline (extendable by unanimous agreement), and the possibility of rejoining the EU in the future. The UK’s experience with Article 50 highlights the complexities of leaving the union.
The Transition Period and Post-Brexit Agreements
Following its formal withdrawal, the UK entered a transition period, during which it remained part of the single market. The EU-UK Trade and Cooperation Agreement, signed in December 2020, established the framework for their future relationship. This agreement, spanning over 2,000 pages, marked the end of the Brexit process.
Conclusion: Looking Ahead in EU Law
This series will delve deeper into the structural components of the EU, including its institutions, lawmaking processes, and legislative procedures. Future lessons will explore advanced topics, providing a comprehensive understanding of European Union law.
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