{"id":784,"date":"2018-06-21T16:23:33","date_gmt":"2018-06-21T16:23:33","guid":{"rendered":"http:\/\/legalblog.ie\/development-of-the-eu\/"},"modified":"2022-09-24T15:47:56","modified_gmt":"2022-09-24T15:47:56","slug":"development-of-the-eu","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/development-of-the-eu\/","title":{"rendered":"Development of the EU"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#The_Composition_of_the_European_Union\" title=\"The Composition of the European Union\">The Composition of the European Union<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#Original_Treaties-_the_1950s\" title=\"Original Treaties- the 1950s\">Original Treaties- the 1950s<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#The_1960s\" title=\"The 1960s\">The 1960s<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#The_1970s\" title=\"The 1970s\">The 1970s<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#The_1980s_and_the_Single_European_Act\" title=\"The 1980s and the Single European Act\">The 1980s and the Single European Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#The_1990s_the_Treaty_on_European_Union\" title=\"The 1990s the Treaty on European Union\">The 1990s the Treaty on European Union<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#The_Treaty_of_Amsterdam\" title=\"The Treaty of Amsterdam\">The Treaty of Amsterdam<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#The_Treaty_of_Nice\" title=\"The Treaty of Nice\">The Treaty of Nice<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#Treaty_of_Lisbon_Overview\" title=\"Treaty of Lisbon Overview\">Treaty of Lisbon Overview<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#Treaty_of_Lisbon_Charter_of_Fundamental_Rights\" title=\"Treaty of Lisbon Charter of Fundamental Rights\">Treaty of Lisbon Charter of Fundamental Rights<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#Treaty_of_Lisbon_EU_Objectives\" title=\"Treaty of Lisbon EU Objectives\">Treaty of Lisbon EU Objectives<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#Treaty_of_Lisbon_Subsidiarity\" title=\"Treaty of Lisbon Subsidiarity\">Treaty of Lisbon Subsidiarity<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#Treaty_of_Lisbon_New_EU_Offices\" title=\"Treaty of Lisbon New EU Offices\">Treaty of Lisbon New EU Offices<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#Legal_Status_of_EU\" title=\"Legal Status of EU\">Legal Status of EU<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#External_competences_of_the_EU\" title=\"External competences of the EU\">External competences of the EU<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/development-of-the-eu\/#Exclusive_competence_and_shared_competence\" title=\"Exclusive competence and shared competence\">Exclusive competence and shared competence<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"The_Composition_of_the_European_Union\"><\/span>The Composition of the European Union<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The European Union consists of 28 member state with nearly 500 million inhabitants.\u00a0 Its member states account for over 30 percent of global output.<\/p>\n<p>The European Union has evolved progressively.\u00a0 The original six members \u00a0(France, West Germany, Italy, Belgium, the Netherlands, and Luxembourg were joined by Ireland, the United Kingdom, and Denmark in 1973, Greece in 1980, Portugal and Spain in 1986, Sweden, Austria, and Finland in 1995).<\/p>\n<p>Eight former communist central and eastern European countries, Czech Republic, Slovakia, Hungary, Slovenia, Poland, together with former Soviet Republics of Latvia, Estonia, and Lithuania together with Malta and Cyprus joined in May 2004.\u00a0 Bulgaria and Romania joined in 2007. Croatia joined in 2013.<\/p>\n<p>The essence of the European Union is the pooling of sovereignty by its members in particular areas of competence.\u00a0 This is achieved through the institutions of the Union.<\/p>\n<p>European Union legislation has had the most profound impact on the laws of its member states, particularly in areas relevant to business and commerce.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Original_Treaties-_the_1950s\"><\/span>Original Treaties- the 1950s<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The original body with the six original members comprised the European Steel and Coal Community formed in 1951.\u00a0 It set up a common market in coal and steel.\u00a0 It consisted of a High Authority equivalent to the present day Commission, a Council of members and Assembly of MPs from the domestic parliaments and a court of justice which interpreted and enforced the Treaty.<\/p>\n<p>The European Atomic Energy Community was a parallel institution providing three equivalent institutions and functions in relation to nuclear energy.<\/p>\n<p>The European Economic Community (the EEC) which later evolved into the European Communities and the European Union was founded by the six original members of the ECSC and Euratom by the Treaty of Rome in 1957.\u00a0 It formed the Commission as the executive or administrative body of the community.\u00a0 This legally independent entity is the guardian of the Treaty.\u00a0 The Treaty allowed for majority voting and decision on certain matters.<\/p>\n<p>It provided for a Council which was the primary lawmaking body.\u00a0 It provided for a parliament made up of representatives of member states.\u00a0 An independent court of justice was also established charges with the interpretation of the EEC law and the resolution of disputes, enforcement of community law.\u00a0 Certain other bodies were also established.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_1960s\"><\/span>The 1960s<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Following a virtual walkout by France from the EEC in the mid-1960s, the so-called Luxemburg accord was adopted which allowed for the veto.\u00a0 Even where the treaties allowed the EEC to proceed by majority vote, where the vital national interest of a country was involved, unanimity would be required.<\/p>\n<p>In 1967, the three Communities mentioned above which worked in parallel were formally merged.<\/p>\n<p>Ireland and the UK sought to join the EEC from the early 1960s.\u00a0 It was recognised that it was only feasible for Ireland to do so in parallel with the United Kingdom.\u00a0 After two failed attempts to join caused by rejection by France, it was finally agreed in 1969 at The Hague Summit that the EEC would be enlarged by the admission of Ireland, the UK, Denmark, and Norway.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_1970s\"><\/span>The 1970s<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>On January 1<sup>st,<\/sup> 1973, Ireland, the UK and Denmark joined the EEC. Ireland approved joining the by a referendum. Norway did not join following a failed referendum. In 1975 following splits in the UK\u2019s Labour Government, a referendum was held in the UK which affirmed the decision to join.<\/p>\n<p>The Hague summit also established European political cooperation.\u00a0 This involved a framework to exchange views and adopt common positions outside the strict legal institutions of the EEC.\u00a0 This arrangement was ultimately formalised much later in the Common Foreign and Security Policy provisions of the Treaty on European Union.\u00a0 It remains a political intergovernmental arrangement rather than a community-based arrangement with its own independent legal base.<\/p>\n<p>Early attempts were made to create a European and monetary union in the late 1960s.\u00a0 The European exchange rate mechanism involved countries agreeing to keep their exchange rates within very narrow bounds. \u00a0Due to the explosion of inflation following the oil crisis in 1973, the earlier attempts at European monetary union collapsed.<\/p>\n<p>The European Monetary System was adopted in 1979.\u00a0 The participating states (including Ireland, but excluding the United Kingdom) agreed to keep their currencies within a very narrow range by intervening in the foreign currency markets as necessary.\u00a0 The arrangements worked in a broadly satisfactory manner until 1992.\u00a0 Ireland undertook a substantial competitive devaluation in 1986.<\/p>\n<p>The UK formally joined the European Monetary System in the early 1990s.\u00a0 However, the system effectively broke down in 1992 following sustained attacks on the value of certain weaker currencies.\u00a0 Several countries including the United Kingdom and Italy and Ireland were forced out of the mechanism.\u00a0 Ireland took a further 10 percent devaluation on the value of its currency.<\/p>\n<p>The mechanism continued but the currency fluctuation ban was expanded from 2.25 percent to 15 percent either side of a central target.\u00a0 However, shortly afterwards, the Treaty on European Union embodying the European Monetary Union was adopted.<\/p>\n<p>The period from the 1970s to the mid-1980s was a period of stagnation in terms of European Union development.\u00a0 The meetings of the heads of government were formalised into the European Council in 1974.\u00a0 The first directly elected European Parliament met in 1979.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_1980s_and_the_Single_European_Act\"><\/span>The 1980s and the Single European Act<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The European Union was revitalised in the 1980s.\u00a0 The French and German governments under Francois Mitterand and Helmut Kohl together with the appointment of dynamic Commision President Jacques Delors adopted a program to complete the internal market by 1992.\u00a0 This would seek to remove all remaining barriers to trade within the European Union and open European Union borders by the end of 1992.<\/p>\n<p>The Single European Act was the first significant amendment to the European Treaties.\u00a0 The Treaties increased the areas in which qualified majority voting by the Council ( i.e., the member states) would be binding.\u00a0 This applied to two-thirds of the estimated 300 measures necessary to complete the internal market.<\/p>\n<p>The law making role of the European Parliament was enhanced.\u00a0 It had greater responsibility in respect of law making (which still remained mostly with the Council, i.e., the governed ministers) and was given increased competence in other areas.<\/p>\n<p>The European Council informally established in 1974 was formalised.\u00a0 This comprises of twice-yearly meetings of the heads of government (and state in the case of France) which considers significant issues and matters not resolved at the individual (ministerial) council level.<\/p>\n<p>The competence of the European Union to pass laws was extended to cover<\/p>\n<ul>\n<li>the protection of the environment,<\/li>\n<li>research and regional policy,<\/li>\n<li>consumer protection, and<\/li>\n<li>social cohesion.<\/li>\n<\/ul>\n<p>The European Political Cooperation mechanism was reorganised formally within the Community treaties.\u00a0 The European political cooperation mechanism was formalised and embedded in the European Union institutions. The EPC allows for the adoption of common foreign policy positions by the European Union member.<\/p>\n<p>The Treaty also saw the expansion of the European Union competence in respect of the social and employment rights. \u00a0The EU was permitted to adopt directives to improve health and safety in the working environment.\u00a0 A protocol on social policy was attached to the Treaty on European Union in 1992.<\/p>\n<p>The adoption and completion of the single market by 1st of January, 1993 was achieved.\u00a0 Most dramatically, it led to the dismantling of almost all border and customs controls between the states including those on the land frontier between \u00a0Ireland and Northern Ireland.<\/p>\n<p>The Common Agricultural Policy was reformed in the early 1990s with a move away from market intervention towards direct payments.<\/p>\n<p>The late 1980s and early 1990s saw the dismantling of the Iron Curtain and the reunification of Germany.\u00a0 Under the German constitution, East Germany automatically became part of Germany and the European Communities.\u00a0 France exerted political pressure to strengthen political and monetary union to counterbalance German reunification.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_1990s_the_Treaty_on_European_Union\"><\/span>The 1990s the Treaty on European Union<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Dublin Summit in 1990 convened an intergovernmental conference from which emerged the Treaties of Maastricht on European Union.\u00a0 The objectives of the Treaty on European Union included<\/p>\n<ul>\n<li>the establishment of a single currency within the framework of economic and monetary union,<\/li>\n<li>establishment of citizenship of the EU,<\/li>\n<li>promotion of economic and social progress with high employment and sustainable development through the strengthening of economic and social cohesion,<\/li>\n<li>promotion of a common foreign and security policy, closer ties in the area of justice and home affair;<\/li>\n<li>protection of human rights;<\/li>\n<li>the principle of subsidiarity.<\/li>\n<\/ul>\n<p>Subsidiarity was designed as a break on the centralisation tendency of the European Union.\u00a0 It is the principle that matters should be administered at the level closest to the citizen.<\/p>\n<p>The Treaty broadened the Union\\&#8217;s objective in the areas of industrial policy, telecommunications, energy, consumer protection, industrial policy, health, and education. \u00a0The existing competences in environmental protection were extended.\u00a0 The role of the European Parliament in decision-making was further enhanced.\u00a0 The time framework for the establishment of the Economic and Monetary Union was set.<\/p>\n<p>The Justice and Home Affairs area seeks cooperation in criminal and civil justice matters, immigration, asylum, judicial cooperation, customs cooperation, and policing.<\/p>\n<p>The competences were based on intergovernmental cooperation rather than on the institutions of the European Union.\u00a0 Unanimity would be required for the adoption of measures.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_Treaty_of_Amsterdam\"><\/span>The Treaty of Amsterdam<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Treaty of Amsterdam was signed in October 1997 and became effective on 1st May 1999.\u00a0 The objectives of the European Union are further extended in the areas of:<\/p>\n<ul>\n<li>Economic and social progress;<\/li>\n<li>Justice and security,<\/li>\n<li>EU citizenship.<\/li>\n<\/ul>\n<p>There was an obligation placed n the EU in passing laws to assess them in the light of discrimination and environmental protection.\u00a0 EU has granted powers in respect of entry into the EU, movement within the EU and coordination of employment.\u00a0 The Treaty embraced the stability pact and laid out the final time frame for the Economic and Monetary Union.<\/p>\n<p>The Social Charter on social policy, education training, and youth were embodied in the EU after having been finally accepted by the new Labour government in the United Kingdom.<\/p>\n<p>The role of the European Parliament was greatly enhanced and the co-decision procedure by which laws are made by both the Council (the ministers) and the Parliament was extended to a wider range of areas. Greater freedom of information was provided for.\u00a0 EU citizens were given more extensive rights of access to EU documentation.<\/p>\n<p>The EU Treaties allow for enhanced cooperation in certain areas.\u00a0 This is where some member states introduce common arrangements between themselves which are not acceptable to all member states.<\/p>\n<p>The first Schengen Agreement operated between France, Germany, and the Benelux countries.\u00a0 They abolished all border control on 1st January 1990 between those states. \u00a0It involves coordination and strengthening of policies on asylum, deportation, visa, security, drug trafficking and crime.<\/p>\n<p>Under the Amsterdam Treaty, the Schengen agreements and arrangements were incorporated into the EU framework.\u00a0 The EU states that joined after May 2004 were bound by the Schengen agreement and subject to the progressive statutory abolition of border control.<\/p>\n<p>Ireland, UK, and Denmark are not a party to the Schengen agreement.\u00a0 Ireland and the UK have a Common Travel Area with no internal border controls.\u00a0 Ireland and UK may eventually associate with the Schengen area.\u00a0 The Schengen area includes countries outside of the EU.<\/p>\n<p>The Schengen Agreement involves the full abolition of internal borders.\u00a0 National identity cards rather than passports suffice in air travel.<\/p>\n<p>There is heightened cooperation in relation to immigration and asylum.\u00a0 A common Schengen area visa covers the whole Schengen area.<\/p>\n<p>There is strengthened cooperation between police, immigration, and customs authority.\u00a0 There are common rules for asylum seekers. There is a Schengen information system allowing for the exchange of information between police, judicial and other national authorities.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_Treaty_of_Nice\"><\/span>The Treaty of Nice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Treaty of Nice was signed in 2001 and became effective on 1st February 2003.\u00a0 Enhanced cooperation between some member states within the institutions of the EU was further facilitated. \u00a0A group of member states may trigger an enhanced cooperation procedure in certain areas.\u00a0 Members need not cooperate.<\/p>\n<p>Enhanced cooperation is only permissible as a last resort where the arrangements cannot be provided for under the existing Treaty.\u00a0 All member states should be eligible to participate in enhanced cooperation.\u00a0 Only member states which participate in the particular cooperation arrangements contribute towards the costs.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Treaty_of_Lisbon_Overview\"><\/span>Treaty of Lisbon Overview<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Treaty of Lisbon grew out of the failed European Constitution.\u00a0 In 2001, the task of preparing a single, revised constitution for the European Union was conferred on a convention shared by former French President, Giscard d\\&#8217;Estaing.\u00a0 It included representatives of governments, parliaments, candidate states, the European Union and other entities.<\/p>\n<p>The draft European Constitution was rejected in referenda in France and the Netherlands and the treaty was abandoned.\u00a0 The constitution was seen as necessary or at least desirable in the context of the greatly increased membership of the European Union (going from 15 in 2004 to 27 in 2008).<\/p>\n<p>The Lisbon Treaty was approved by the European Council in December 2007 in order to replace the constitutional treaty and make the provisions perceived necessary to accommodate the increased number of member states.<\/p>\n<p>Because the Lisbon Treaty was considered to be an amending treaty, referendums were not considered necessary in any country other than Ireland.\u00a0 Ireland rejected the Lisbon Treaty in June 2008 and passed it in a second referendum in 2009.<\/p>\n<p>The Lisbon Treaty reforms and amends the existing treaties.\u00a0 It largely follows the principles of the failed European Constitution. There are two treaties, the Treaty on European Union (TEU) and the Treaty on Functioning of the European Union (TFEU). They create the European Union as the single EU entity.<\/p>\n<p>The treaties declare that the European Union is based on certain common principles of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human right.\u00a0 If a state breaches or threatens to breach these principles, the EU can take steps against the state concerned.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Treaty_of_Lisbon_Charter_of_Fundamental_Rights\"><\/span>Treaty of Lisbon Charter of Fundamental Rights<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The European Charter of Fundamental Rights became part of the treaties and is binding on the European institutions and the member states, in the context of EU law and practice.\u00a0 The Charter corresponds in many respects with European Convention on Human Rights. In some respects, it goes further than it.<\/p>\n<p>The EU itself is to become a party to the European Convention on Human Rights, although the process is stalled at present. This would mean that or the first time, the European Court of Human Rights may scrutinize the laws and actions of the European institution.\u00a0 The European Court of Human Rights could in principle override the European Court of justice in respect of human rights matters if accession is completed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Treaty_of_Lisbon_EU_Objectives\"><\/span>Treaty of Lisbon EU Objectives<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The EU\\&#8217;s objectives are restated and updated. The overriding objectives of the EU are listed as the promotion of, peace EU values and the well being of its people.<\/p>\n<p>The most important objective of the Lisbon Treaty was to make the provisions in relation to law making more streamlined in order to accommodate the enlarged membership.<\/p>\n<p>The specific objectives include the creation of an area of freedom, security, and justice.\u00a0 The European institutions including the Court of Justice has power over matters covered by justice and home affairs cooperation.\u00a0 Countries may decide to join specific acts on a case-by-case basis.\u00a0 These areas are subject to the pooled sovereignty of the Community rather than the intergovernmental arrangement.<\/p>\n<p>The establishment of the internal market is a specific objective.\u00a0 At this stage in its development, the emphasis is on the proper functioning of the market. It is required that the market should ensure sustainable development while not eroding the European social model and protecting the quality of the environment. The economic and monetary union is confirmed.<\/p>\n<p>The treaties define the areas in which the EU has exclusive competence.\u00a0 They include<\/p>\n<ul>\n<li>customs,<\/li>\n<li>the monetary policy of the Eurozone,<\/li>\n<li>common agricultural policy,<\/li>\n<li>common fisheries policy,<\/li>\n<li>certain international matters \/agreements.<\/li>\n<\/ul>\n<p>The areas of shared competences between the European Union and states are set out.\u00a0 Once the European Union legislates, it may occupy the field and member states may be longer competent to legislate.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Treaty_of_Lisbon_Subsidiarity\"><\/span>Treaty of Lisbon Subsidiarity<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The principle of subsidiarity is re-emphasised.\u00a0 Where areas do not fall under the exclusive competence of the EU, the EU should only act in so far as the objectives of the legislation cannot be sufficiently achieved by the state either at the central, regional or local level or because of the scale, the matter is better achieved at the European Union level.<\/p>\n<p>The national parliaments are given an enhanced role.\u00a0 National parliaments must be given proposals for legislation. All consultation documents in respect of proposed legislation are to be circulated to the national parliament.\u00a0\u00a0 National parliaments have eight weeks within receipt of the legislation or any amendment to give a reasoned opinion as to why they believe that the principle of subsidiarity is not complied with.<\/p>\n<p>The may vote against the proposal.\u00a0 Each parliament has two votes. If there are two houses then each may have one vote.\u00a0 If at least one-third of the parliaments decide by vote that the principle of subsidiarity has not been complied with, the relevant act must be reviewed to decide whether to withdraw, amend or keep it. In the case of acts affecting freedom, justice, and security, the procedure is applicable if one-quarter of national parliaments disagree.<\/p>\n<p>The Commission (or another initiating party) may maintain the proposal but must issue a reasoned opinion why it considers the proposal conforms with the principle of subsidiarity.\u00a0 The reasoned opinion together with the opinions on national parliament are forwarded to the EU parliament and Council.\u00a0 If the Council by a majority of 55 percent of its members or the European Parliament by a majority rejects the proposal, it is terminated.<\/p>\n<p>There is a simplified provision for revision of the treaty.\u00a0\u00a0\u00a0 National parliaments also have a more formal role in revisions of the treaties. They may block an amendment under the revised treaties.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Treaty_of_Lisbon_New_EU_Offices\"><\/span>Treaty of Lisbon New EU Offices<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Lisbon Treaty provides for a High Representative for Foreign Affairs and Security Policy to coordinate and promote the foreign policy of the EU.\u00a0 The role is effectively that of the foreign minister of the EU. He or she is appointed by the Council acting by a qualified majority.<\/p>\n<p>The holder of the post is a member of the Commission (Vice-president) and is responsible for external relations and certain aspects of the common foreign and security policy.\u00a0 The common foreign security policy is made unanimously.<\/p>\n<p>There is a full-time President of the European Council.\u00a0 This replaces the previous arrangements under which the presidency of the Council rotated every six months.<\/p>\n<p>The European Council is formalised under the Lisbon Treaty as a distinct body.\u00a0 It is made up of the heads of government (head of state in the case of France), the president of the Commission and the High Representative for Foreign Affairs.\u00a0 The Council allows for the heads of state or governments to be assisted by a minister and for the President of the Commission to be assisted by a Commissioner.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Legal_Status_of_EU\"><\/span>Legal Status of EU<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>With the entry into force of the Treaty of Lisbon, the EU acquired a legal personality. The EU is, therefore, a subject of international law which is capable of negotiating and concluding international agreements on its own behalf, i.e. it has competences (or powers) in this field conferred on it by the treaties.<\/p>\n<p>These international agreements have legal effects in the internal law of the EU and of the EU countries. Moreover, the founding Treaties of the EU lay down the procedures by which the EU can conclude international agreements.<\/p>\n<p>International agreements are the result of a consensus between the EU on the one hand and a non-EU country or third-party organisation on the other hand. These agreements create rights and obligations for both the EU institutions and EU countries. They become part of EU law on the date of their entry into force or on another specified date.<\/p>\n<p>Legally, international agreements are secondary conventions and agreements and must therefore comply with the founding Treaties of the EU. However, they have greater value than \u2018unilateral\u2019 secondary acts, i.e. acts adopted unilaterally by the EU institutions (regulations, directives, decisions, etc.).<\/p>\n<h3><span class=\"ez-toc-section\" id=\"External_competences_of_the_EU\"><\/span>External competences of the EU<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The external competences of the EU are defined in Article 216 of the Treaty on the Functioning of the EU (TFEU). The EU may conclude international agreements:<\/p>\n<ul>\n<li>in the cases provided for by the founding treaties;<br \/>\nwhere provided for in a legally binding act;<\/li>\n<li>where the conclusion of an agreement is necessary in order to achieve one of the objectives of the EU, even in the absence of internal EU legislation;<\/li>\n<li>where the agreement may affect common rules adopted in internal EU law. This means that where the EU has adopted common rules for implementing a policy, EU countries may no longer enter into agreements with non-EU countries affecting those rules.<\/li>\n<\/ul>\n<p>In addition, Article 207 of the TFEU governs the EU\u2019s trade policy \u2014 a key external competence of the EU and a central element of its relations with the rest of the world.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Exclusive_competence_and_shared_competence\"><\/span>Exclusive competence and shared competence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The distribution of competences between the EU and EU countries is also expressed at the international level. Where the EU negotiates and concludes an international agreement, it has either exclusive competence or competence which is shared with EU countries.<\/p>\n<p>Where it has exclusive competence, the EU alone has the power to negotiate and conclude the agreement. Moreover, Article 3 of the Treaty on the Functioning of the EU specifies the areas in which the EU has exclusive competence to conclude international agreements, including trade agreements.<\/p>\n<p>Where its competence is shared with EU countries, the agreement is concluded both by the EU and by the EU countries. It is, therefore, a mixed agreement to which EU countries must give their consent. The areas in which competences are shared are defined in Article 4 of the Treaty on the Functioning of the EU.<\/p>\n<p><!--\/themify_builder_static--><\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-784\" data-postid=\"784\" class=\"themify_builder_content themify_builder_content-784 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>The Composition of the European Union The European Union consists of 28 member state with nearly 500 million inhabitants.\u00a0 Its member states account for over 30 percent of global output. The European Union has evolved progressively.\u00a0 The original six members \u00a0(France, West Germany, Italy, Belgium, the Netherlands, and Luxembourg were joined by Ireland, the United [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[121],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/784"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=784"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/784\/revisions"}],"predecessor-version":[{"id":18241,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/784\/revisions\/18241"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=784"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=784"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=784"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}