Concept and Development of European Integration
Die European Integration refers to a historical, political, and above all legal process by which European states, particularly in the decades following World War II, sought increasingly closer cooperation and created supranational structures. The aim of European Integration is the permanent safeguarding of peace, economic and political integration, and the creation of a common legal area in Europe.
In legal terms, European Integration encompasses the creation, development, and shaping of intergovernmental and supranational institutions, especially the European Union (EU) and its precursor organizations, on the basis of multilateral treaties and what is known as Union law. The term refers both to the legal framework of the integration process and to its content and effects on domestic and international law.
Historical Foundations and International Legal Frameworks
The Development of European Integration in International Law
After the end of World War II, the first initiatives for economic and political integration of Europe emerged. The foundations include above all the establishment of the European Coal and Steel Community (ECSC, Treaty of Paris 1951), the European Economic Community (EEC, Treaties of Rome 1957), and the European Atomic Energy Community (Euratom, also 1957). Over time, these organizations were brought together to form the European Union.
The treaties that shaped the individual stages of development are international agreements in which the participating states commit themselves to cooperation and to relinquishing sovereign rights. Essential treaties include in particular:
- Treaty of Paris 1951 (ECSC)
- Treaties of Rome 1957 (EEC/Euratom)
- Single European Act 1986
- Treaty of Maastricht 1992 (Treaty on European Union, TEU)
- Treaty of Amsterdam 1997
- Treaty of Nice 2001
- Treaty of Lisbon 2007 (in force since 2009)
These treaties lay down both institutional structures and decision-making mechanisms and competences and form the legal basis for cooperation among the Member States.
The Transfer of Sovereignty
A particular feature of European Integration is the transfer of sovereign rights from the Member States to supranational institutions. Member States partially relinquish their own regulatory powers within the framework of EU law and submit to common rules, for example in the area of the internal market or the monetary union.
The legal basis of this transfer is the principle of conferral: the organs of the EU may act independently only in those areas where the Member States have expressly conferred competences on them (Art. 5 TEU).
Legal Order of the European Union as an Expression of European Integration
Supranationality and Sources of Law
European Integration differs from conventional, purely intergovernmental cooperation through the supranational character of the European Union. This means that Union law, in certain cases, takes precedence over national law and can have direct effect.
The most important sources of law of the European Union, as the core of European Integration, are:
- Primary Law: The founding treaties of the EU (in particular TEU and TFEU), as well as supplementary protocols and the Charter of Fundamental Rights.
- Secondary Law: Treaties, regulations, directives, decisions, and recommendations enacted by the EU’s institutions.
- Tertiary Law: Other legal acts or individual measures based on the treaties.
Effects of Union Law
Union law is directly applicable when a provision is sufficiently clear, precise, and unconditional (so-called ‘direct effect’). According to the principle of primacy, Union law takes precedence over national law in cases of conflict (‘primacy of Union law’). This has been repeatedly confirmed by the courts of the Member States and by the European Court of Justice (ECJ).
Competences and Procedural Mechanisms
The EU has exclusive, shared, and supporting competences, which are regulated in the TFEU (Articles 2-6). The legitimacy framework for legislation and oversight lies with the main institutions:
- European Council: Provides political guidelines.
- Council of the European Union and European Parliament: Joint legislation.
- European Commission: Right of initiative and monitoring of implementation.
- Court of Justice of the European Union: Interpretation and ensuring the uniform application of Union law.
Legal Consequences of European Integration in the Member States
Transposition and Application of Union Law
European Integration entails far-reaching legal consequences for the national legal systems of the Member States. While EU regulations apply directly, directives generally have to be transposed into national law. Through their effects, European Integration shapes both public law (e.g., in constitutional, administrative, tax, or competition law) and private law (e.g., in consumer, company, or labor law).
Oversight and Legal Protection
The European Court of Justice ensures the unity and coherence of Union law through preliminary rulings (Art. 267 TFEU), infringement proceedings (Art. 258 et seq. TFEU), as well as individual actions. Citizens and companies have the right to bring actions before the General Court and the Court of Justice of the European Union if they are directly and individually affected.
Special Forms of Integration and Exceptions
Opt-Outs and Enhanced Cooperation
Because not all Member States participate equally in the degree of integration, there are institutionalized exceptions (‘opt-out’ arrangements), for example in the areas of monetary union (euro), the Schengen Agreement, or justice and home affairs. Moreover, the mechanism of ‘enhanced cooperation’ (Art. 20 TEU; Art. 326 et seq. TFEU) allows interested states to move forward more quickly together in certain areas.
Differentiated Patterns of Integration
The principle of ‘differentiated integration’ is a legally secured element of European Integration and deliberately departs from rigid equal treatment of all Member States. This reflects the diversity of legal, economic, and political starting points in Europe.
Legal Significance in the International Context
The legal effects of European Integration are not limited to Member States, but also affect third countries, particularly through association agreements, free trade zones (e.g., EEA), and the external representation of the European Union. In certain areas, the EU is an autonomous party under international law and has international legal personality (Art. 47 TEU).
Literature and Further Information
Further in-depth information on European Integration can be found especially in the official EU documents, the case law of the European Court of Justice, and in the relevant academic commentaries on the EU treaties.
A comprehensive legal examination of European Integration shows its central significance as a complex construct of intergovernmental and supranational integration, which has created a unique system of European law over the years.
Frequently Asked Questions
How does a state become a member of the European Union from a legal perspective?
The accession of a state to the European Union (EU) is governed by the Treaty on European Union (TEU), particularly in Art. 49 TEU. An aspiring member state must first meet the so-called Copenhagen criteria, which relate to stable institutions, democracy, the rule of law, human rights, as well as a functioning market economy and the adoption of EU law (Acquis communautaire). The formal application for accession is submitted to the Council of the European Union, which then requests an opinion from the European Commission. After a positive assessment, accession negotiations begin, which are divided into chapters and cover all EU policy areas. After the negotiations are concluded, both the European Parliament and the Council must unanimously approve the accession. Finally, an accession treaty is negotiated, which must be ratified by all EU Member States and the acceding state, usually in accordance with their respective constitutional requirements. Only after the completion of this multi-stage process does the state officially become a member of the EU.
How is the relationship between European law and national law regulated?
The relationship between European and national law is primarily determined by two principles: the primacy of application and the direct effect of EU law. The primacy of application states that Union law takes precedence over national law in the event of a conflict, even over constitutional law of the Member States, insofar as it concerns the implementation of EU rights and obligations. Direct effect enables individuals to invoke certain EU legal provisions directly before national courts, provided that they are sufficiently precise and unconditional. These principles are not expressly codified in the European treaties but have been primarily developed through the case law of the European Court of Justice (ECJ). The national implementation of EU law is carried out through transposition or enactment instructions in the Member States, but in case of conflict, EU law must be applied in accordance with the principle of primacy.
How does the ordinary legislative procedure work within the EU?
The ordinary legislative procedure is the central law-making process in the EU and is primarily governed by Art. 294 of the Treaty on the Functioning of the European Union (TFEU). It provides for the equal participation of the European Parliament and the Council of the European Union (the so-called co-decision procedure). The process begins with a proposal from the European Commission, addressed to both the Parliament and the Council. After the first reading, the Parliament can propose amendments, which the Council may accept or reject. If agreement is not reached, a second reading follows; continued disagreement leads to the convening of a conciliation committee. The law can only be adopted after agreement in the conciliation committee and a third reading in both bodies. The details of the procedure, including deadlines, rights of hearing, and voting procedures, are set out in detail in the TFEU.
What role does the European Court of Justice (ECJ) play in European integration?
The European Court of Justice, based in Luxembourg, is the EU’s highest judicial body tasked with ensuring the uniform interpretation and application of EU law. Its responsibilities include, among other things, infringement proceedings against Member States, actions for annulment, actions for failure to act, preliminary rulings requested by national courts, and appeals against decisions of the General Court of the EU. Preliminary ruling procedures play a special role, as they promote cooperation between national courts and the ECJ and thus ensure the uniform application of law in all Member States. The ECJ is therefore a central actor for the harmonization of law within the Union and plays a significant role in the integration process.
How are law-making powers divided between the EU and the Member States?
The division of competences within the EU is set out in Articles 2-6 TFEU and distinguishes between exclusive, shared, and supporting competences. Exclusive competences rest solely with the EU and concern, for example, the customs union or competition rules for the internal market. In areas of shared competence (e.g., internal market, consumer or environmental policy), both the EU and Member States may legislate, but EU law takes precedence in case of conflict. Supporting competences (e.g., education, culture) only allow the EU to support, coordinate, or supplement national policy. Decisive is the principle of conferral from Art. 5 TEU: the EU may only act within the powers conferred upon it by the treaties.
What legal options do states have to withdraw from the European Union?
Withdrawal from the EU has been expressly regulated since the Treaty of Lisbon by Art. 50 TEU. This article provides that any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements. A notification of withdrawal must be submitted to the European Council, after which negotiations on a withdrawal agreement begin, which regulates the terms of exit and the relationship between the withdrawing state and the EU. The withdrawal agreement is usually concluded by the European Council by qualified majority after obtaining the consent of the European Parliament. If no agreement is reached, membership ends automatically two years after the notification of withdrawal, unless the European Council and the withdrawing state unanimously agree to an extension.
