EU law by Prof Alan Dashwood QC.

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he was a starry eyed europhile in 1975

apologia pro vita sua

EU advanced workers;’ rights and women’s rights

hard law and political aspiration come together

ECSC had limited ambit. breathtaking ambition

treaty of Paris preamble ”to create by establishing an economic community the basis for a broader community long dividied by bloody conflicts and give rise to a broader and deeper community to a destiny shared.”

EU about peace. v successful. enormous achievement

constitutional order for states – that is the EU. or a federation of sovereign states

admires Lisbon Treaty. paradoxical legal order

each community was baed on own treaty. ECSC. EEC. Euratom

common institutiions for all three communities. one council, one commssion, one parliament and one court

EU now v different. ECSC no longer existsed. abolished 2002. Treaty of Paris was for 50 years

coal and steel absorbed into EU

disappearance of EEC. Now EU

euratom still exists

constitutional principle of EU legal order

cOMMON foreign and secuurity policy CFSP

Justice and Home Affairs – JHA. could be put into EC treaty

Dutch Government oversaw final stage of EU negotiations in 1991

some states wanted new areas of competence excluded form legal order

alternative solution involved conferring comptenence for JHA and CFSC on a new body – the EU

the communities retained their distinct legal identities. were linked more firmly and to the union by single framework

new procedures on admission of member states

fundamental rights of EU

Is the EU a mechanism to enable institutions belonging to communities to be borrowed to achieve limited objective of titles 5 and 6 of TEU

or is it

the Union as a lean-to propped up by solid structure of the JHA and CSFP

MAybe it is an over arching legal order incorporating the JHA and CSFP – a Greek portico with three porticoes linked.

it follows ineluctably that the creation of an area without internal frontiers was an objective of the EU.

Union served by a single institutional framework

commission had a hankering for the EU as a lean to

 

 

 

 

 

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About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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