The Evolution of Fundamental Rights in the EU

This assignment explores the evolution of fundamental rights within the European Union, focusing on the transformation from an undemocratic nation to a democratic one. It examines how treaties have been amended and expanded to provide legal rights for citizens, including free movement of persons, goods, services, and capital among member states. The document also references 'Brexit Special Supplement' and emphasizes the importance of human rights within the EU.

History of the EU and Sources of EU
Law

Table of Contents
QUESTION 1...................................................................................................................................1
THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN
ECONOMIC COMMUNITY ....................................................................................................1
QUESTION 2...................................................................................................................................2
THE EXPANSION, THE EUROPEAN UNION, THE TREATIES OF AMSTERDAM AND
NICE...........................................................................................................................................2
QUESTION 3...................................................................................................................................2
THE CHARTER OF FUNDAMENTAL RIGHTS, THE LISBON TREATY, 2007................2
QUESTION 4...................................................................................................................................3
BREXIT V FURTHER ENLARGEMENT................................................................................3
QUESTION 5...................................................................................................................................3
EVOLUTION OF EUROPEAN UNION SINCE 1952..............................................................3
QUESTION 6...................................................................................................................................4
SCOPE OF EU LAWS................................................................................................................4
QUESTION 7...................................................................................................................................4
KEY TREATIES OF EU............................................................................................................4
QUESTION 8...................................................................................................................................5
BREXIT AND LATEST EVOLUTION.....................................................................................5
QUESTION 9...................................................................................................................................6
SOURCES OF LAW IN EU:......................................................................................................6
REFERENCE...................................................................................................................................7

QUESTION 1
THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN ECONOMIC
COMMUNITY
Coal and steel Community, 1952
On 18th aprril 1951, the treaty establishing the European Coal and Steel
Community(ECSC) was signed by six countries Belgium, France, Italy, Luxembourg, The
Netherlands and Germany. This was signed in Paris. This was done with a purpose of putting
whole production of coal and steel under one authority. This treaty cam into force on 23rd July
1952. This was formed to resolve old rivalries and to create an economic community. Five
institutions were created by ECSC;
1. as executive, referred as high Authority,
2. a consultative community attached to high authority
3. special council of ministers
4. an assembly; and
5. a court of justice.
Treaty of Rome 1957:
In 1948, Belgium custom union(ECSC) was formed to endure free flow of goods and
capital among three founding members Belgium, Luxembourg, and The Netherlands.
In March 1957 the treaty establishing European Economic Community (EEC) was created. The
EEC has 6 members namely: Belgium, France, Italy, Luxembourg, The Netherlands and West
Germany1. This ensured free movement of person, goods, services and capital among 56 member
states. This treaty came into effect in 1958.
Along with this, a Separate treaty with Rome and with this European Atomic Energy
Community (Euratom) also came into effect for providing cooperation in use of atomic energy.
This resulted in formation of three communities EEC, ECSC and Euratom and collectively there
referred as European community.
1 Morano-Foadi, S & J. Neller. (2018) Fairhurst's European Union Law. United Kingdom / Malaysia:
Pearson Education Limited, 12th edition, 2018, An Introduction to the European Union Chapter 1 p. 19-22
1

QUESTION 2
THE EXPANSION, THE EUROPEAN UNION, THE TREATIES OF AMSTERDAM AND
NICE
Treaty of European union(TEU):
This was also known as treaty of Maastricht, it was signed on 7th February 1992 and came
into force on 1st November 1993. The TEU consisted of seven titles in it:
The objectives of EU includes: i) to promote balanced and sustainable economic and social
progress, ii) to implements common foreign and securities policies and; iii) developments of
close cooperation on affairs related with home and justice.
Treaty of Amsterdam:
It came into force on 1st may 1999 and was signed by 15 members. This was a considered
as major step in restructuring the institution of EU and it treaty has three parts in it2. Under this
old conventions were changed to:
Promoting equality of men and women; improvement and protection of environment,
high level promotion of competition and balanced and sustainable economic development.
Treaty of nice:
It was signed in 2001 but came into force on 26th February 2003. The amendment which
were made in Treaty of Nice to TEU and EC treaty:
1. Institutional reformation and members were increased to 27.
2. Securities and defense policies were established for emergency mission in region.
3. Eurojust: this was established consisting of national prosecutors and magistrates.
4. To enhance the international cooperation free movement of goods and services and
individuals.
QUESTION 3
THE CHARTER OF FUNDAMENTAL RIGHTS, THE LISBON TREATY, 2007
Charter of Fundamental rights, 2000
It was signed in the year 2000 by 15 member states, and provides a single text on civil,
political, social and societal rights. Originally it was not binding but with signing to treat of Nice
it was made binding as constitutional treaty.
2 Morano-Foadi, S & J. Neller. (2018) Fairhurst's European Union Law. United Kingdom / Malaysia:
Pearson Education Limited, 12th edition, 2018, An Introduction to the European Union Chapter 1 p. 25-32
2

This was amended in 2007 a legal status was given the treaty of Lisbon3. The Article 1 of
TEU provided that Union shall recognize the rights freedoms and principles set out in the charter
of fundamental rights. It has become integral part of the EU law with stating fundamental basis
rights of all the citizens of EU.
Lisbon treaty:
Significant amendments were made to the foundation treaties which was done as
changing the name the establishing treaty (EC treaty) to Treaty on the functioning of the
European Union (TEFU). Articles of both the treaties were renumbered and it is considered in
its own section and it is not counted in time frame of evolution of Eu treaty. This was done to
give complete explanation tot the scope and to make understand significance of both treaties.
QUESTION 4
BREXIT V FURTHER ENLARGEMENT
Further enlargement:
This can be considered at countries seeking to join EU. At present there are 5 countries
who are willing to join EU; Albania, the former Yugoslav republic of Macedonian, Montenegro,
Serbia and Turkey. Further there are potential candidates to join Eu they are: Bosnia and
Herzegovina and Kosovo4. This means they can be member of Eu when they are ready. Every
Autumn the commission a set of documents are adopted explaining the change in EU policy and
adapting the same. Here, new members are also accepted. Objectives and potentiality for
coming years along with discussing the progress made by each country is set out here.
Further Contraction:
Brexit: Article 50 of TEU has been revoked with announcement of Brexit d this is first
time in history and UK will be the first country yo leave EU. There was no fix process to make
an exit and much is not known. Nothing had been mentioned to measure the consequences of UK
leaving EU. Noe the other members can also examine the potential of leaving. With this
materialized consequences have been detected and for the same Euro specific political parties
across the union will pay a close attention.
3 Morano-Foadi, S & J. Neller. (2018) Fairhurst's European Union Law. United Kingdom / Malaysia:
Pearson Education Limited, 12th edition, 2018, An Introduction to the European Union Chapter 1 p. 34-37, 44-45
4 Morano-Foadi, S & J. Neller. (2018) Fairhurst's European Union Law. United Kingdom / Malaysia:
Pearson Education Limited, 12th edition, 2018, An Introduction to the European Union Chapter 1 p. 44-45
3

QUESTION 5
EVOLUTION OF EUROPEAN UNION SINCE 1952
The European union has evolved over a long time form year 1958 till 2009 it has seen
many progresses and developments from formation of treaties their amendments to establishment
of charted of fundamental rights in year 20005. in 1952 a meeting in pairs was held and there a
treaty in name of ECSC was formed with three member states. In 1958 Rome (EEC) treaty was
signed by 6 members states and along with coals and steel community and Euratom, these three
at that time referred as European community. In 1987, Luxembourg treaty was signed and here
political European corporation was formulated.
In 1993 Maastrichi (TEU) was signed with certain modification in existing treaties and
addition of some members. The Amsterdam treaty was finalized in year 1999 and this time
justice and home affairs were emphasized with foreign and securities policy formation. In 2003,
the treaty of Nice was signed and policy and judicial cooperation in criminal matters were
established to improvise the defense and securities in the countries. The treaty of Lisbon was a
milestone in evolution of European union as ones it came out to be a big failure and then it as
shows a success with formulation of European union and giving it a legal status.
QUESTION 6
SCOPE OF EU LAWS
The scope of Eu can be explained as the way from which it gets its law and legislation.
The scope of EU law is wide as its have different sourced of law, procedure for adopting
legislative acts from which binding rulings and law are formed and implemented in member
states of EU6. The scope of EU law can be defined through the sources from which Laws of EU
are established and amended. One aspect which fall under ambit of scope of Eu Law is the
manner thorough which legislative acts are applied in practicality.
5 Morano-Foadi, S & J. Neller. (2018) Fairhurst's European Union Law. United Kingdom / Malaysia:
Pearson Education Limited, 12th edition, 2018, An Introduction to the European Union Chapter 1 p. 19-44
6 Morano-Foadi, S & J. Neller. (2018) Fairhurst's European Union Law. United Kingdom / Malaysia:
Pearson Education Limited, 12th edition, 2018, An Introduction to the European Union Chapter 1 p. 106-120
4

QUESTION 7
KEY TREATIES OF EU
Treaty of Rome, 1958: with introduction of this treaty he European economic
community was established and in this there ware two other communities namely coal and steel
and Eurotam.
Treaty of Luxembourg, 1987: this was signed with certain amendments in EEC and this
was also known as Single European act as in this certain rights and policies related with citizens
were recognized.
Treaty of Maastricht, 1993: the articles of EEC were renumbered and renamed as thr
treaty established the European community7. Old treaty of EEC was modified and new TEU was
originated.
Treaty of Amsterdam, 1999: the EC treaty was renumbered and then amended, along
with this in this treaty of European union was also restructured with changes in numbers and
making amendments.
Treaty of Nice, 2003: this treaty was signed with making amendments in direction scope
of the EC treaty and number of member state increased to 27 and here defense and securities
policies for citizens were established.
Treaty of Lisbon, 2009: with signing of this a new treaty in name of treaty on the
Functioning of the European Union was established. Here the EU got a legal status under the
law.
QUESTION 8
BREXIT AND LATEST EVOLUTION
Secondary legislation in UK after Brexit: in UK Directive have been applied through
national legislative act and these acts will remain in UK. EU regulations are directly applicable
in member states and there are no EU law that are applicable in UK after Brexit.
Brexit and international agreements: in international agreement negotiation is done
where there is a scope of competences8. For UK if it wants to enter in such agreement it has to
7 Morano-Foadi, S & J. Neller. (2018) Fairhurst's European Union Law. United Kingdom / Malaysia:
Pearson Education Limited, 12th edition, 2018, An Introduction to the European Union Chapter 1 p. 19-34
8 Morano-Foadi, S & J. Neller. (2018) Fairhurst's European Union Law. United Kingdom / Malaysia:
Pearson Education Limited, 12th edition, 2018, An Introduction to the European Union Chapter 1 p. 144,150
5

enter into new treaties with other nation9. For mixed agreements UK has to face further
challenges in from of element of EU- only will be applied and UK will not form part of it.
With this city cab be seen that after brexit UK cans face certain problems related with
applicability of law and EU laws are applicable to members states only and Law which are
applicable in UK only have no relevance in other countries, so to trade with other countries of Eu
and international organisation I have to enter into new treat agreements and treaties.
QUESTION 9
SOURCES OF LAW IN EU:
Primary legislation: under this, falls the treaties and rules and policies made. The main
treaties which fal under this category are; treaty of European union 1993, the treaty on the
functioning of the European Union, 2009.
Secondary legislation: under this falls regulations, directive and decision. Regulations
have general application and is binding on all member states10. Directives are set results that are
expected from member to be achieved. Decision are from law suit which are decided n
European courts.
Non binding Acts: this includes recommendations and opinions, recommendation can be
from International authorities or international institutions and it has binding effect once adopted
by EU. On certain matters opinion of member states are taken and with a unanimous decision as
law is made, they all have binding effect on all member states.
Case laws: the justice court is an important source of EU law, the court principles
includes: direct effect and Supremacy.
The major sources of EU laws are primary and secondary legislation along with case laws and
Act.
THE EUROPEAN UNION HAS MOVED FROM A TOTALLY UNDEMOCRATIC
ORGANISATION IN THE 1950’S TO A FULLY DEMOCRATIC ONE TODAY:
From the above report it can be seen that in EU, back in the were only 3 nations which
signed the treaty for becoming a part of the European community, with the evolution of the time
many treaties have been formed and in them amendment were made. Within a time frame of
9 Brexit Special Supplement. 2018. [2018]. Available through
:<https://static1.squarespace.com/static/56330ad3e4b0733dcc0c8495/t/5776e4126a
10 Morano-Foadi, S & J. Neller. (2018) Fairhurst's European Union Law. United Kingdom / Malaysia:
Pearson Education Limited, 12th edition, 2018, An Introduction to the European Union Chapter 1 p. 106-150
6

more than 50 year the formation of communities have transferred into European union with
signings of treaty of Lisbon and with this the charter of fundamental rights for human being 200
was formed, the main aim of this charted was to provide legal right to citizen of the members
state. With the evolution of the treaties the fundamental ans legal rights were increased for the
citizen of and for free movement of persons, goods, services and capital from one member state
to another. With this it can be stated them UK has transformed from an undemocratic nation to a
democratic one with glare amendments in this treaties and increasing the number of its member
states.
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