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C O U R S E 
The Law of the European Union
Stefaan Van den Bogaert, Universiteit Leiden
C O U R S E   L E C T U R E 
Three Pillars of the EU: ECSC, EEC/EC, EURATOM
Notes taken on August 6, 2013 by Edward Tanguay
1951 European Coal and Steel Community (ECSC)
failed to come to a defense or political community
1957 European Atomic Energy Community (EURATOM)
purpose: to create a specialist market for nuclear power in Europe
today legally distinct from the European Union
1957 European Economic Community (EEC)
created by the Treaty of Rome
known as Common Market
undistored competition
approximation of economic policies
1965 Merger Treaty
1993: renamed the European Community (EC) by the Maastricht Treaty
2009: EC was abolished by the Treaty of Lisbon in which the EU would replace and succeed the European Community
general periods
1950s: "successful 50s"
1951 ECSC
1957 EEC
1960-1970s: Eurosclerosis
stagnation period, very little progress from a legislative point of view
conflicting views of decision making
intergovernmentalism vs. supranationalism
intergovernmentalism approach: EU states could not be bound by EU acts unless they agreed to these acts, i.e. favored nation veto
France, de Gaulle remained absent at all European Community, the "Empty Chair" crisis
solved in Luxembourg Agreements
an agreement to disagree
if a national interest is invoked, member states would search for a consensus
disagreement on how to proceed if no consensus found
in practice, the French position prevailed
supranational approach: countries could be bound by EU acts against their will
some progress
Court became the motor of integration
1963: Van Gend en Loos
"principle of direct effect"
came from the case of reclassifying a chemical entailing higher customs charges
established that provisions of the Treaty Establishing the European Economic Community were capable of creating legal rights which could be enforced by both natural and legal persons before the courts of the Community's member states
1964: Costa vs. ENEL
established the supremacy of European Union law over the laws of its member states
Mr. Costa was an Italian citizen who refused by pay his electric bill because he argued that the nationalisation of the electricity industry violated the Treaty of Rome and the Italian Constitution
the Italian judge, the Giudice Conciliatore of Milan referred the case first to the Italian Constitutional Court and then to the European Court of Justice
right of individuals to directly invoke European provisions before national courts