Course no.

1
The creation of the European Community

THE FOUNDING TREATY
-there have been in Europe moves toward the unification between the Eu states after
the 2
nd
W.W;
-the first intention was to create a Federal Entity in Europe and USA but it wasnt
accepted mainly because the Federal Entity was a way of political unification;
Therefore, the inspiration for the creation of the three organizations known as the Eu
Communities came from the plan made in 1950 by Robert Schuman, the French
foreign minister and Jean Monnet who was responsible for overseeing France
economy recovery after the war.
At the 9
th
of May 1950, Robert Schuman made a declaration in which he put forward
the plan he had worked out with Jean Monnet , which is the creation of a European
Coal and Steel Community, whose members would pool coal and steel production.
The proposal came out from the need to reconstruct Europe after the war. On the basis
of the Schuman plan, the 6 founding states meaning Belgium, France, Germany, Italy,
Luxembourg and the Netherlands had concluded the Founding Treaty of the
European Coal and Steel community.
The ECSC was signed on the 18
th
of April 1951 in Paris and entered into force on the
23
rd
of April 1952 and was concluded for 50 years, therefore its directions expired in
2002.
The main objective of the ECSC was to create a common market in the production of
coal and steel. The Treaty of Paris created 4 institutions of the ECSC as follows:

1.The High Authority composed by independent personalities which received the
power of making compulsory decisions;
2.The Parliament which was responsible with the political control over the High
Authority;
3.A special Council of Ministers who are representatives of their states;
4.The Court of Justice which was supposed to ensure the application of the
community law;

Afterwards, in a new state of the economy, with a new development of the production
and the exchanges, the six Member States of the ECSC continued the negotiations in
1955 and 1956 in two groups concerning the common market in general and the
market of atomic energy.
As a consequence, the six member states signed two treaties in Rome on 25 March
1957, creating the European Economic Community and the European Atomic
Energy Community. These two communities began their work the treaties entered
into force on the 1
st
of January 1958.
The Ec Treaty provided the creation of a common market which had to cover all the
territories of the member states and have the same features as a national market
(integration). These objectives required the creation of a Custom Union meaning free
international circulation of merchandise, persons, companies, services and capital,
internal protection through a Common Custom Taxation, and protection of the free
competition.
The Ec Treaty also provided the harmonization of the general economic policies of
mb states and the establishment of common policies in the field of agriculture,
transportation and commercial relations with third countries.
Therefore, the Ec Treaty was concerned with general economic integration by
combining different interests of the mb states into a common marked where goods,
services, persons and capital could circulate freely.
The Eu Atomic Energy Community Treaty was based on the ides of an accelerated
development of atomic energy as the ECSC Treaty covered the sectors of steel and
coal of the economy.

However, within the two treaties of Rome the decision-making institution became the
Council composed by the representatives of the mb states. Each Eu Community had
its own institutions, with the exception of the Court of Justice and the Parliament.
Thus a convention signed in 1957 and amended to the treaties of Eu provided that the
free communities helped the two institutions: the Parliament and the Court of Justice.
As far as it concerns the other 2 institutions, each European Community had its own
Council and Commission.
Within the Treaty of Rome the Commission was the Committee Institution that
corresponded to the High Authority.

THE EVOLUTION OF THE EUROPEAN COMMUNITY (Eu Council) must be
studied on the following 3 coordinates:
a) the institutional unification, here being few steps as follows:
1. In 1957 , a Convention annexed to the Treaty of Rome provided that the
free communities helped two institutions in common, the Parliament and
the C. of Justice.
2. Through the merger treaty signed in 1965 in Brussels a single Council and
a Commission were formed from the merger of the six different
institutions, including the High Authority of the ECSC. After the merger
the free commissions functioned with shared institutions.
b) the enlargement of the European Community
c) the amendment (or revision) of the founding treaties
The Single European Act was signed in 1986 in Luxembourg and it entered
into force on the 1
st
of July 1987. It represented the first major revision to the
treaty of Rome provided for the adjustments required in order to achieve a
Single market or internal market.
The Treaty of Maastricht was the next step in the development of the
European Community. This treaty went beyond the economic objective of the
Eu. Comm. and stated a political aptitude of the European Union. This treaty
provided the economic monetary and political union of member states, the
creation of the single European currency, the euro. Was signed on the 7
nd
of
February 1992 and entered into force on the 1
st
of November 1993, once it had
been rectified by member states. It should be mentioned that the UK and
Denmark had chosen not to participate in the last stage of the monetary union.
The UK also refused to participate in arrangements concerning the social
policy.

Nevertheless, the European Union created by the Treaty of Maastricht did not replace
the European Community which continued to exist.
The treaty did not create a new juridical entity, in fact, the Eu Union did not have only
legal personality and did not participate in international arrangements. Its existence
was only political.
Legal personality = he ability to conclude and negotiate international
agreements in accordance with its external commitments; rights and
obligations of their own;
The E.U was intended to complete the Eu Communities with new policies and forms
of cooperation between member states. Therefore, the Treaty of Maastricht created
two new pillars comprised to the Eu Communities, besides the one regarding
the economic, social and environmental policies, namely :
-The Common Foreign and Security Policy (CFSP) pillar took care of foreign policy
and military matters.
-Police and Judicial Cooperation in Criminal Matters(PJCC) brought together co-
operation in the fight against crime. This pillar was originally named Justice and
Home Affairs (JHA).

These two new pillars created a framework for the entrance of governmental
cooperation between the member states outside the decision making process of the Eu
Communities. As a consequence, the E.U was based upon the three pillars as follows:
1. The Eu Communities
2. Common Foreign and Secure Policy
3. Cooperation in Justice and Home Affairs
Besides these new provisions, the Treaty of Maastricht also contained provisions
concerning the founding treaties (Paris). The European Economic Community was
renamed the European Community given legal recognition to the fact that in activities
and powers go far beyond the original economic goals.
The most important amendments to the Treaty of Rome were:
- the creation of a citizenship of the EU
- the common economic and monetary policy with a fine table for the
implementation of the principle of subsidiary
- the amendment of the decision making process of the Community
- the introduction of new areas of activities of the Community for example in
the field of employment and social protection
Therefore, the Treaty of Maastricht created the Eu citizenship over and above the
national citizenship. Every citizen who is a national of a member state is also a citizen
of the EU. This citizenship grants new rights to the European citizens as follows:
- the right to circulate and reside freely in the Community
- the right to vote and to stand as a candidate for European and municipal
elections in the state in which she/he is resident
- the right of protection by the diplomatic and consular authorities of another
member state on the territory of a third country in which the state of origin is
not represented
- the right to petition to the European Parliament and to submit a complain to
the European Ombudsman.
The Ombudsman is appointed by the European Parliament in order to receive
complaints about the way the institutions work. The treaty of the EU has also
established the principle of subsidiarity as a general rule.
This principle was initially applied by the Environmental Policy in the Single
European Act. It specifies that in areas that are not within its exclusives powers, the
Community shall only take action where objectives can only be achieved by actions at
Community level rather than at national level

The Treaty of Amsterdam
Signed on the 2
nd
of October 1997 and entered into force on the 1
st
of May 1999 after
been ratified by the 15 member states of the EU and their constitutional procedures.
The Treaty of Nice
Signed on 26
th
of February 2001 and entered into force on the 1
st
of February 2003
after been gratified by the member states of the EU
The Treaty of Lisbon
Signed in 2007, entered into force in 2009