DEVELOPMENT OF EU LAW

Every institution is the product of a series of historical events, and at the same time it reflects the convictions, hopes and concerns of those who were instrumental in establishing it. The European Communities, now European Union, are no exception to this rule. Although the expression "United States of Europe" was already used by Victor Hugo as far back as in 1849, the end of the Second World War seems to provide a fair starting point.

1. Churchill's Speech

The agreement made at Yalta in 1945 by the United Kingdom, the United States and the USSR left Europe more divided than ever and the growing antagonism among the victorious Allies created only more tensions and catastrophes. It was on September 19, 1946 that Winston Churchill proposed a "sovereign remedy", i.e. to "recreate the European family, or as much of it as we can, and provide it with a structure under which it can dwell in peace, in safety and in freedom. We must build a kind of United States of Europe". As will be seen, it was this (British) idea that also inspired the French Government in 1950 to propose the establishment of the European Coal and Steel Community. Churchill also proposed to start by setting up a regional structure and to form a Council of Europe.

2. Marshall Plan - OEEC

The European States in those days lacked the necessary stamina to proceed with such far-reaching plans, since they were preoccupied with their daily fight for economic survival. Once again, the United States came to the rescue. George Marshall, US Secretary of State, announced on June 5, 1947, that the US would do "whatever it is able to do, to assist in the return of normal economic health in the world". This offer was accepted by 16 European countries on July 15, 1947, and so the Marshall Plan was born; but more important for the future of European integration was the setting up of the Organisation of European Economic Co-operation (OEEC) in 1948. Within that forum the European States re-learned to work together.

3. Robert Schuman: May 9, 1950

On May 9, 1950, Robert Schuman, French Foreign Minister, declared that a united Europe was essential for world peace and that a gathering of the European nations required the elimination of the century-old opposition between France and Germany. As a first practical step towards this end he proposed "to place the whole Franco-German coal and steel production under one joint High Authority, in an organisation open to the participation of the other countries of Europe". Germany, the Netherlands, Belgium, Luxembourg and Italy accepted in principle and negotiations started at once.

4. The European Coal and Steel Community (ECSC)

The negotiations progressed rapidly. The work consisted mainly in giving the proposed principles legal form. The Treaty establishing the European Coal and Steel Community (ECSC) was signed in Paris on April 18, 1951. Ratification by the national parliaments met with little opposition and on July 23, 1952 the Treaty entered into force for a period of 50 years. The ECSC therefore ceased to exist on July 23, 2002. The rights and obligations arising under the international agreements concluded by the ECSC were taken over by the European Community, now European Union.

5. The European Economic Community (EEC) and the European Atomic Energy Community (Euratom)

The Benelux (BElgium, the NEtherlands and LUXemburg) countries proposed in 1955, to their partners in the ECSC, to take another step towards economic integration by setting up a common market and jointly developing transportation, classical energy and atomic energy. This led to the conference of Messina in the same year, at which Mr Spaak, Belgian Foreign Minister, was asked to report on the feasibility of those plans. The Spaak report was ready in 1956, and was discussed in Venice, where the decision was taken to start negotiations for drafting treaties that would establish a common market and an Atomic Energy Community. With incredible speed (June 1956 - February 1957) these two complex Treaties were prepared for signature in Rome on March 25, 1957, ratified by the six parliaments and on January 1, 1958, the European Economic Community and the (EEC) and the European Atomic Energy Community (Euratom) became a reality.

6. The Treaty Establishing a Single Council and a Single Commission

On April 8, 1965, the institutional set-up of Communities was simplified by the so-called Merger Treaty establishing a Single Council and a Single Commission of the European Communities. It entered into force on July 1, 1967. Later the Merger Treaty was repealed by the EU Treaty (1992), which, however, retained the essential elements of its provisions.

7. The Customs Union

The Customs Union provided for by the EEC Treaty became fully operational on July 1, 1968. It meant that tariffs and quotas between the Member States had, by then, been completely abolished and that the replacement of the national external tariffs by the common (external) customs tariff (CCT) had been completed.

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8. The Community's (now Union's) own Resources

The replacement of the Financial Contributions from Member States by the Union's own Resources inaugurated a new era in the history of the Union. It became, in a certain way, financially independent and the Treaty amending Certain Budgetary Provisions of the ECSC, EEC and Euratom Treaties of the Merger Treaty, conferred specific budgetary powers upon what had become the European Parliament (hereafter "Parliament").

9. The Direct Election of Parliament and the Declaration on Democracy and Fundamental Rights

On September 20, 1976, The representatives of the Member States in Council agreed on the conditions for direct election and signed the Act concerning the Election of the Representatives of the Assembly by Direct Universal Suffrage, which was subsequently ratified by the nine (at that time) national parliaments. The first elections were held in June 1979, giving "Europe" its democratic legitimacy.

On April 5, 1977 Parliament, the Council and the Commission issued a joint Declaration on Fundamental Rights, which confirmed their will to ensure that the values of legal, political and moral order are respected and to safeguard the principles of representative democracy, of the rule of law, of social justice and of respect for human rights. They stated that the application of these principles implies a political system of pluralist democracy.

10. The Completion of the Internal Market by 1992

In June 1985, the Commission sent a White Paper to the European Council entitled "Completing the Internal Market". This was the beginning of "Operation 1992". It lays down a comprehensive programme and timetable for the abolition of barriers of all kinds in inter-State trade, the harmonisation of rules, the approximation of legislation and of tax structures and the strengthening of monetary co-operation. To complete the internal market, the White Paper provided for removal of physical, technical and fiscal barriers. It was, among other things, to make the implementation of this comprehensive programme possible, that the Member States decided to amend the existing Treaties through the Single European Act. It was signed in Luxemburg on February 17, and at The Hague on February 28, 1986; entered into force on July 1, 1987. The SEA's objective is the completion of the so-called "internal market" defined as "an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured". It provides, among other things, for the strengthening of the decision-making process by extending the number of decisions to be taken by qualified majority, the inclusion in the Treaty of chapters on Economic and Social Cohesion (Regional Development), Research and Technological Development and Environment. It also provides for closer involvement of Parliament in the legislative procedures. The SEA makes reference to a Treaty on an "Economic and Monetary Community" and to co-operation in the sphere of Foreign Policy.

Reading Comprehension and Vocabulary Work

Exercise 1. Look through the text and answer the following questions.

1. What statesmen inspired and played a significant role in the development of Europe’s unification?

2. What European organizations and communities emerged as a result of efforts to recreate the European family?

3. What treaty contributed to establishing the institutional set-up of Communities?

4. What did the Customs Union provide for?

5. What kind of election is held to form the European Parliament?

6. What document reflects the principles of representative democracy, adherence to the rule of law, social justice and respect for human rights?

7. When was the internal market in Europe completed?

Exercise 2. Suggest Russian equivalents of the following expressions. Use them in your own sentences.

1. The product of a series of historical events; victorious allies; daily fight for economic survival; economic health; elimination of the century-old opposition; classical energy; implementation of this comprehensive programme; closer involvement.

2. To reflect the convictions, hopes and concerns; to be no exception to the rule; to be instrumental in establishing an institution; to create tensions; to dwell in peace, safety and freedom; to lack the necessary stamina; to come to the rescue; to progress rapidly; to cease to exist; to draft treaties; to be provided for by a treaty; to inaugurate a new era in the history of the Union; to confirm one’s will; to lay down a comprehensive programme and timetable; to make reference to a treaty.

3. As far back as; towards this end; with incredible speed; subsequently; among other things.

Exercise 3. Answer the questions on the text.

1. What is every institution of the EU the product of?

2. What is meant by a “sovereign remedy” that Winston Churchill proposed?

3. What assistance did the US provide to ensure the return of normal economic health in the world?

4. Within what forum did the European states re-learn to work together?

5. When did the ECSC become effective and how long was it in force?

6. What Community took over the rights and obligations arising under the international agreements concluded by the ECSC?

7. What was the history of setting up the EEC and Euratom? What kind of integration did they ensure?

8. What importance did the merger Treaty have?

9. What was the role of the Customs Union?

10. What financial event inaugurated a new era in the history of the Union?

11. What is meant by Direct Universal Suffrage in the context of the EU?

12. How does pluralist democracy manifest itself within the framework of EU law?

13. What does the White Paper entitled “Completing the Internal Market” lay down?

14. What was the idea underpinning the Single European Act?

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Exercise 4. Read the text and choose the best suitable word to fill in the gaps. Say what you have learned from the text.

The Treaty on European Union or Maastricht Treaty (EU Treaty)

The Treaty was signed in Maastricht, the Netherlands, on February 7, 1992 and came into force on November 1, 1993. It 1 seven parts. Title I 2 for a European Union, 3 its objectives, among others: the establishment of an economic and monetary union 4 including a single currency; a common foreign and security policy including the eventual framing of a 5 defence policy; the introduction of a citizenship of the Union for the nationals of the Member States; 6 on justice and home affairs; the maintenance of the acquis communautaire; and the respect of the 7 of subsidiarity. It also "officialises" the European Council, which must provide the necessary 8 and define the general political 9 for Union action and it indicates that to be a member of the Union a State's government must be founded on the principles of democracy, while the 10 rights are considered to be general principles of Union law. Titles II, III and IV contain 11 to the three European Treaties.

Vocabulary Notes:

1. Foreign and security policy – внешняя политика и политика безопасности

2. Eventual framing - окончательное формирование

3. maintenance of the acquis communautaire - соблюдение свода основных норм и требований Евросоюза

4. subsidiarity – субсидиарность: система разрешения проблем на возможно более низком уровне; принцип учета мнений на всех уровнях

1.	A	contains	B	consists	C	is made up	D	includes
2.	A	envisages	B	stipulates	C	contains	D	provides
3.	A	gives	B	sets out	C	outlines	D	mentions
4.	A	ultimately	B	subsequently	C	finally	D	at last
5.	A	bilateral	B	multilateral	C	common	D	mutual
6.	A	coordination	B	harmonisation	C	approximation	D	co-operation
7.	A	principal	B	princip	C	principle	D	importance
8.	A	impetus	B	stimulus	C	drive	D	motive
9.	A	policy	B	guidelines	C	instructions	D	directions
10.	A	general	B	basic	C	main	D	fundamental
11.	A	amendments	B	additions	C	alterations	D	appendices

Exercise 5. Read the text and fill in the gaps with the required prepositions provided below. Then say whether the statements below are true, false or incomplete. Finally, say what you have learned about the EEA and the EFTA.

The European Economic Area (EEA) and the European Free Trade Association (EFTA)

The European Economic Area (EEA) now unites 27 Member States and three of the four EFTA States (Iceland, Liechtenstein and Norway; Switzerland having voted to stay out) 1 an internal market governed 2 the same basic rules as the Union's internal market. The agreement establishing the EEA was signed in Oporto on May 2, 1992 3 the seven EFTA countries and the "European Community" and their Member States. It became effective in 1994. The EEA agreement establishes an integrated structure based 4 common rules and equal conditions of competition 5 the necessary means to implement it. The free movement of goods, persons, services, capital and payments is achieved 6 existing Union legislation as it has evolved 7 the years (acquis communautaire). 8 the basic freedoms, the EEA Agreement provides 9 co-operation in areas that are directly relevant 10 the economic activity, such as research and development, social policy, social security, consumer protection, the environment, statistics, and company law. It also includes surveillance and enforcement rules.

The European Free Trade Association (EFTA) was established in 1960. Most 11 the original EFTA members are now Union Member States; the present EFTA members are Iceland, Liechtenstein, Norway and Switzerland. EFTA is served 12 three institutions: the EFTA Secretariat, the EFTA Surveillance Authority and the EFTA Court.

by; of; to; for; in addition to; over ; on the basis of ; together with; on; between; by; into

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1. There are 30 Member States in the EEA.

2. The EEA is governed by the same rules as the Union’s internal market.

3. The agreement setting up the EEA came into force in 1990.

4. The EEA agreement promotes competition between the members.

5. The Union legislation provides for the free movement of capital.

6. The agreement provides for co-operation on consumer protection.

7. EFTA was established as a result of signing the EEA agreement.

8. EFTA is served by five institutions.

Exercise 6. Read the text. Use the words in the box on the right to form one word that fits in the gap.

The Treaty of Amsterdam

The Treaty __________ that one year before the EU membership exceeds 20 States, a conference of ___________ of the governments of the Member States shall carry out a	Provision Representation
comprehensive review of the _____________ and functioning	Compose
of the institutions. Nothing has come of this either.
The Treaty of Amsterdam ___________ into force on May 1, 1999.	Entrance

Exercise 7. Read the text and fill in the gaps with the appropriate words from the box. Then answer the questions below the text.

succeeded drafters complete amends inserting function signed establishing

The Treaty of Nice

This Treaty was 1 at Nice on February 26, 2001 and 2 the EU Treaty, the Treaties 3 the European Communities and certain related acts.

According to one of the Recitals, the idea was to, "4 the process started by the Treaty of Amsterdam of preparing the institutions of the European Community to 5 in an enlarged Community". Whether they 6 is more than questionable, and furthermore the 7 messed up" once again the texts of the Treaties (which had been "cleaned up" by the Treaty of Amsterdam) by 8 all kinds of new provisions, so that one had, once more, articles a, b, c, etc.

Vocabulary Note:

Recitals – декларативная часть (в тексте договора), преамбула

Questions

1. What was achieved by the Treaty of Nice?

2. What objective of the Treaty was indicated in the Recitals?

3. Does the author think the drafters succeeded in their task?

4. What shortcoming of the treaty is mentioned?

Exercise 8. In the text in this exercise certain parts have been taken out and reshuffled. Restore the text by filling in the gaps meaningfully. What information does the text contain?

The European Convention on the Future of the European Union and the Draft Constitution

1. the key issues arising for the Union's future development

2. How can the Union's democratic legitimacy be ensured?

3. published in the Official Journal

4. a draft Constitution was presented to the European Council of Rome

5. the European Council convened a Convention on the future of the European [Union] (the Laeken Declaration)

6. Within the Union, how is the division of competence between the institutions to be organised?

At its meeting in Laeken (Belgium) in December 2001, 1. The task of the Convention was to pave the way for the next intergovernmental conference as broadly and openly as possible. It was to consider 2, for example: what do European citizens expect from the Union?; How is the division of competence between the Union and the Member States to be organised?; 3; How can the efficiency and coherence of the Union's external action be ensured?; and 4

The Convention terminated its work on July 1, 2003 and 5 by its President, Valerie Giscard d'Estaing, on July 18, 2003. An intergovernmental conference was convened in October 2003, under the Italian Presidency, to adopt a Constitution, but without success. It was finally signed in Rome in November 2004 and 6.

Exercise 9. Suggest synonyms of the words in bold and translate them into Russian. Paraphrase the highlighted words in the text using the synonyms that fit the context. Discuss in pairs what you have learned about the Treaty of Lisbon.

The word/ word combination to be paraphrased	Translation into Russian	Synonyms
denial
to lead to
to continue
to make out
to bring about
definite
as to
to stipulate
determination
quickly
unusual
progress
to envisage

The Treaty of Lisbon

The denial to accept the Draft Constitution by the French and Dutch voters seemingly lead to nearly a two-year period of quasi-immobility in the European Union '(maybe also an excuse to do nothing!) but, behind the scenes, work continued through diplomatic channels, to make out a new text; these efforts brought about the adoption at the European Council of June 20 and 21, 2007 of a draft "Reform Treaty". It contained very definite indications as to the modifications to be introduced in the existing three European Treaties (contrary to the draft Constitution that stipulated one single Treaty) by a so-called intergovernmental conference. The latter was, in fact, a meeting of lawyers with the task to draft the decisions that had been taken by the European Council in June 2007.

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Noteworthy are some passages of the Presidency Conclusions of that European Council: (1) "Europe is united in its determination that only by working together can we represent our interests and goals in the World of tomorrow" and (2) "... secure our future as an active player in a quickly changing World." This reference to the world rather than to Europe is unusual since it shows an evolution from a Union centred on itself ("determined to lay the foundation of an ever closer Community among the peoples of Europe") to a player on the world scene. It constitutes an important further step in the Union's progress.

The Treaty also envisages that one year before the EU membership exceeds 20 States, a conference of representatives of the governments of the Member States shall carry out a comprehensive review of the composition and functioning of the institutions. Nothing has come of this either.

The Treaty of Amsterdam entered into force on May 1, 1999.

Speaking

Exercise 10. Choose any item and talk about it at length in pairs with follow-up questions. Practise using linkers to build a topic.

1. The role of distinguished statesmen in the development of the EU.

2. The three initial pillars of the European Community: ECSC, EEC, Euratom.

3. The basic legal principles proclaimed by the EU

4. The development of EU law in treaties

Linkers: To begin with; Let’s start with…; As to…; As far as … is concerned,…; In respect of…; Another point to make is …; By the way, …; Incidentally, …; Going back to …; What can be added is …; The emphasis must be put on…; Generally speaking, …; Frankly speaking, …; Obviously, …; Apparently, …; Moreover, …; Furthermore, …; However, …; Contrary to what has been said…; etc.

Writing

Exercise 11. Write a mini-composition on one of the the topics in Exercise 10, using appropriate linking words to help structure a piece. Mind that the composition must contain 200-250 words.

Exercise 12. Write a summary of the text DEVELOPMENT OF EU LAW reducing it to 25 percent.

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