European Union Law

According to Chalmers, et al (2010, p. 3), the European Union is “... a legal system” which was created to address a succession of contemporary problems, and with the term “Union”, it was formed to define the collective goals and actions that each one of the states failed to manage by itself. Before one can assess the intergovernmental model of the European Union and its significance to the rise of new governance, it is necessary to study what events transpired which made the European Union a reality. It has been pointed out by Craig and De Burca (2008, p.

3-4) that though it is known as a fact that the conception of the European integration began after the World War II, it is important to consider that the idea of unitizing the European states was articulated even before the 20th century. One prominent instance they cited was the call for a European Parliament by William Penn in 1693. After the World War II, there have been successful attempts for cooperation among the European countries, such as the Benelux Treaty signed in 1944 by Belgium, the Netherlands and Luxembourg, establishing a union between the countries for economic cooperation.

Other noteworthy unions were the Organization for European Economic Organization in 1948, the Brussels Treaty, also in 1948, and the North Atlantic Treaty Organization in 1949. 1950s The first legal moment that signified the beginning of the European Union was the Treaty of Paris in 1951, enacted in 1952, which was initiated by the European countries France, Germany, and the Benelux countries. It was established from the Schuman Plan. The treaty was meant to establish the European Steel and Coal Community, setting up a market supervised by a High Authority which is a a council consisting of member state representatives (Weiler 1999, p.

10; Chalmers, et al 2010, p. 10-11). The need for defense of the European states also triggered for the establishment of international organizations such as the European Defense Community (EDC), which was founded around the time of the Korean War. Though it was unsuccessful, it lead to the need of the European states for political fluidity (Chalmers, et al 2010, p. 11). Aside from political needs, the European states also legislated a common market in which goods and services can move from one state to another, which is the Treaty of Rome (Craig and De Burca 2008, p.

5). 1960s According to the book European Union Law by Craig and De Burca (2008, p. 12) the founding members of the European Community legislated the Common Agricultural Policy in 1962. In 1963, the members of the European Community signed a monumental international agreement to provide aid to Africa. In 1968, an economic and political policy was legislated to allow free trade among the state members. During this decade, Europe gained significant economic growth. 1970s Chalmers, et al (2010, p.

18-19) explained that the decade (1970s) signaled the conception of a single monetary unit among the member countries of the European Community, the Euro, which was enacted 30 years later, in the agreement enabling the Exchange Rate Mechanism (ERM) in 1972. In 1973, Denmark, Ireland, and the United Kingdom joined the member countries of the European Community. Perhaps the most significant legal event that transpired within this decade is the election of the members of the European Parliament in 1979. 1980s

The European Community membership in the 1980s grew its numbers as Greece joined in 1981, and Spain and Portugal in 1986. Although a legislature signed in 1968 aimed to allow free trade to flow within the member countries, the national regulations in terms of trade of each one of the members prohibit this from happening. One major legislation that occurred in 1986 aimed to address this problem—the Single European Act (SEA) of 1986 (Chalmers, et al 2010, p. 20). 1990s Chalmers, et al. (2010, p. 20) detailed in their book the events that transpired in the 1990s.

East Germany joined the European Community in October 1990. In February 1992, the term European Community is finally replaced by European Union, as the Treaty on European Union is signed by the member countries, a milestone for the organization. This legislature brought forth the laws regarding a single currency as well as foreign and security policy, and justice. As Austria, Finland, Sweden and the rest of Germany joined the EU, the policies regarding the common market was finalized in 1995.

In the same year, the Schengen Agreement was signed, allowing citizens of any nationality to travel freely between Belgium, Germany, Spain, France, Luxembourg, the Netherlands and Portugal without passports. In 1997, the Treaty of Rome was revised to form the Treaty of Amsterdam. In 1999, the Euro was officially introduced for commercial and financial transactions. 2000s The Euro was finally in the EU market in 2002, and this was a benchmark for international economic policies. A major legislation that occurred during the decade was the Treaty establishing the European Constitution.

It created the motion to elect a European Prime Minister, however, it was not ratified because it needed all 25 member countries to agree, but France and the Netherlands voted No. Another treaty, the Treaty of Lisbon, was signed to amend the previous treaties. New Governance and the European Union An international government model such that of the European Union's was deemed to be a governance that is most likely impossible, and yet the emergence of the international collective mode of governance from the EU proved its possibility.

Although the means to which how the EU governs is yet to be ironed out to prohibit questions and oppositions, the significant impacts of the EU to the world has lead to the rise of the idea of new governance. The EU political system is plagued with performance problems, in terms of decision-making and democracy, thus catalyzing the need for the research on the new modes of governance to transform its current mode of leadership and political system to one which is suitable for an international setting.

The means to which this is achieved is through massive consultation, and participation of the private sector for its policy formulation. The idea of new governance does not signify “the return” of the intergovernmental model; the rise of the new governance indicate its continuity. The idea of an intergovernmental model has long been established, along with the conception of EU and other major international organizations, however, it coming to force has not been constituted.