European Economic Community Treaty Research Articles

The development of an enforcement mechanism under the former European Economic Community treaty: what lessons for ASEAN?

Der folgende Beitrag ist im Rahmen der Kooperation der Rechtsfakultäten in Luxemburg und Vientiane entstanden. Sie ist Teil eines kooperationspolitischen Projekts zur Implementation rechtsstaatlicher Prinzipien in Ländern des Globalen Südens. In der demokratischen Volksrepublik Laos stellen sich bei deren Übergang in einen Rechtsstaat besondere interkulturelle, ökonomische und geopolitische Herausforderungen, die bei der Verankerung rechtsstaatlicher Prinzipien zu beachten sind. Der Beitrag ist exemplarisch für diese Zusammenarbeit und thematisiert, inwiefern Regeln der europäischen Rechtsdurchsetzung modellhaft für die ASEAN-Staaten sein können.

Mere Objectives or Hard Law? A Case Study on the EU‘s Social Policy in the Context of Free Market Economy

IntroductionIn Article 3 of the Treaty on European Union (TEU) the Union commits itself to combating social exclusion and discrimination as well as to promoting social justice. This does not change the fact, though, that the ability and/ or commitment to create a genuinely inclusive society varies considerably between the EU Member States (cf. e.g. Schraad-Tischler and Kroll, 2014). In the recent years the agenda of the Union's highest political body, the European Council, was dominated by the economic and financial crisis in a manner that somewhat marginalised the Union's social policy and social investment. The structural reforms and austerity policies pursued during the crisis with a view to stabilizing national economies and budgets have by and large produced an adverse effect on the implementation of social justice on the European continent, reducing the performance of national social security systems, thus 10.14254/2071789X.2017/10-3/17 aggravating social divide and letting youth unemployment grow to ever-new record heights. This development has inevitably posed a stress test for the credibility of Union's commitment to the promotion of social justice, internally and world-wide.In order to critically assess whether the EU lives up to this challenge, it is necessary to analyse both the tools the Union has at its disposal as well as the manner they have been applied to date in pursuance of these aims. Whilst the main objective of this paper is to attempt to define the impact of the EU basic economic principles on its policy in social matters, the contribution also offers nuanced argumentation transgressing this thematic scope and suggesting pathways and opportunities for further research. The applied research methodology includes a combination of theoretical and analytical methods.1.The laborious development of the Union's social dimensionIn order to fully appreciate the state of the art in the EU's social policy of today, it is vital to be aware of its development in a diachronic perspective. At their very origins, the European communities (the European Coal and Steel Community as of 1952 and the European Economic Community (EEC) and the European Atomic Energy Community as of 1957) provided for merely economic integration and cooperation of the founding states. In time the said economic cooperation covered a broader scope of areas (the objective of achieving a single market, the development of environmental and energy policies as well as of measures leading to the Economic and Monetary Union) and it included more countries. Thus economic integration was a continuous driving force behind a process of Europe's political integration and it remains so also to date.Prior to the Treaty of Maastricht which came into force on 1 November 1993, the European Economic Community's (EEC) legal framework for social policy was absolutely minimalist. Whilst Article 117 of the EEC Treaty provided for the necessity to improve working conditions and standards of living of workers, most relevant Community secondary legislation on employees' rights in the event of collective redundancies, transfer of undertakings and the employer's insolvency was enacted first after mid-1970s.1 Albeit the rule of equal pay for equal work of women and men was since the founding of the EEC enshrined in a directly applicable Treaty provision (Article 119 EEC), legislation implementing the principle of equal treatment of men and women in employment was adopted in 1975/76 only.2 The systems of social security remained (and still remain) on a strictly national basis. The access of nonnationals to such systems was and is governed by specific regulations and complemented by the non-discrimination rules. A certain turning point towards a more comprehensive approach consisted in the establishment of the Union citizenship by the Treaty of Maastricht, which facilitated judicial advance of social and labour rights. The Treaty provisions on Union citizenship imply for host Member States a need to show a certain degree of financial solidarity with the nationals of other Member States provided that they have established a genuine or real link with the society of the host Member State. …

The EU as guarantor of environmental protection in Germany

In recent years it has become fashionable again among politicians and publicists across Europe to practice ‘Brussels bashing’ and make the EU responsible for many ills of globalisation and modern society. This applies in particular to the field of environmental law. The European Union has been active in the field of environmental protection since the 1970s, i.e. since a time when there was no Union yet but a European Economic Community (EEC), a European Coal and Steel Community and a European Atomic Energy Community (Euratom). The EEC Treaty of 1957 did not know the term ‘environmental protection’ and for the next decades did not contain any explicit legislative competence for this subject matter. The main instrument of EU environmental policy is the directive. In the European context it means a framework law, as proposed by the EU Commission and adopted by the Council and the European Parliament, which the Member States have to transpose within certain deadlines into their national law, and specify and implement by their authorities into practice. The directive is binding as regards the objective (the result to be achieved) but leaves the choice of form and methods to the national authorities. It is estimated that 80% of current environmental law in Germany (as well as probably in other Member States) is determined by the European Union. The author of this article presents his thoughts on how the EU shapes Member State environmental law and policy, highlighting inter alia “innovation from Brussels” such as EIA, access to environmental information and climate protection, as well as the systematic and risk-based approach as hallmark of EU legislation.

The economic constitution of the European community: From Rome to Maastricht

The present paper analyzes the changes in the economic constitution of the European Community since its foundation in 1958. In order to identify the various changes, we start by developing a frame of reference. Our proposition is that theconstitutional charter of the European Economic Community (EEC)—the EEC Treaty—came closest to this frame of reference, being an economic constitution for a market system, whereas the subsequentprocess of European integration—including several modifications of the Treaty—was largely based on the introduction of non-market elements. Our argument is that as far as the economic constitution is concerned, the Treaty of Maastricht is dominated by traits which are characteristic of modern welfare states.

Regulation of marine scientific research by the European community and its member states

Abstract The competence of the European Community (EC) in the area of marine scientific research, since 1987 based expressly on European Economic Community (EEC) Treaty provisions, is limited to the promotion and coordination of such research in the EC member states; it may also itself conduct research. In addition, the Community is becoming increasingly active in international cooperation, thus exercising external competences in this field. The basic prohibitions in the EEC Treaty on restrictive (discriminatory) measures in practice have little impact on the member states’ policies with respect to marine scientific research. The establishment of exclusive economic zones (EEZs) is a competence of the individual member states of the Community. Three have already done so. Establishment of EEZs by the other EC coastal member states will in practice have little or no implications for marine scientific research by foreign researchers, unless the coastal states involved would decide to exercise their new rights...

Commercial Arbitration and European Community law

It is sensible to commence by defining the Community law concerned and what is meant by commercial arbitration. First this Note is concerned only with the Treaty establishing the European Economic Community (EEC), its subsidiary legislation and the relevant case law. Secondly ‘commercial arbitration’ here means arbitration, the object of which is the resolution of disputes arising out of a commercial contract between parties, at least one of which is a private commercial operator (whether in the form of a company, partnership or sole proprietor) usually provided for in the contract between the parties but exceptionally constituted by public law (eg the Lomé Convention between the EEC and the African, Caribbean and Pacific – ‘ACP’ – States). It is not intended to examine arbitration in disputes between States or Article 181 of the EEC Treaty (whereby the European Court of Justice shall have jurisdiction to give judgment pursuant to any...

Telecommunications terminal equipment: EEC commission opens the market

The 12 Member States of the European Economic Community (EEC) are legally obliged by the Treaty of Rome, as amended by the Single European Act, to abolish all of the remaining physical, technical and fiscal barriers between them by 31 December 1992. The Single European Act, which sets the 1992 deadline, defines the envisaged internal market as “an area without internal frontiers”. The creation of a common European market for telecommunications services and equipment is both an essential prerequisite and an important part of the “internal market”. In its Green Paper on the Development of the Common Market for Telecommunications Services and Equipment — “the Green Paper” 1)) — and a follow-up Communication 2), the Commission of the European Communities (“the Commission”) has set forth its main policy proposals in the telecommunications field. Implementation of these policy proposals by means of Community law directives is progressing rapidly, in particular with respect to terminal equipment. On 16 May 1988, the Commission issued a “Commission Directive on Competition in the Markets in Telecommunications Terminal Equipment” — “Terminal Equipment Directive” — 3) based on its regulatory powers under Art. 90(3) of the Treaty of Rome (“EEC Treaty”). This article explores the regulatory scope of the Terminal Equipment Directive which has recently been challenged by the French government before the European Court of Justice.

Re Société des Établissements Petitjean and Others

212Treaties — Conclusion and operation of — Operation and enforcement of — European Economic Community Treaty 1957 — Articles 91 and 92–94 — Whether directly applicable — Whether dependent on appreciation and action by Commission — The law of France

State Aids, State Monopolies, and Public Enterprises in the Common Market

The provisions of the Treaty establishing the European Economic Community (EEC) can be divided into two categories which roughly correspond to the two instruments through which the Community must fulfill its task of promoting throughout the Community a harmonious development of economic activities, a continuous and balanced expansion, an increased stability, an accelerated raising of the standard of living and closer relations between its Member States.1 These instruments, provided for under Article 2, are (a) the establishment of a Common Market and (b) the progressive approximation of the economic policies of the member states. Part Two of the EEC Treaty (Bases of the Community) deals with the former and includes provisions relating to the customs union, the agricultural and transport policies, and the freedom of establishment and of movement of workers, services, and capital. Integration of economic policies is to be implemented through the application of the tax provisions, the approximation of legal, economic, and social policies, and related devices as provided in Part Three of the Treaty (Policy of the Community). The rules on competition apply to both categories. The establishment of the Common' Market was by far the more simple task. The rules provided for under the EEC Treaty in this field are of a technical nature and rather well defined, and the activities of the European institutions required to implement them constitute lawmaking in the largest sense. It is in unifying the market that the Commun'ity achieved its most spectacular results. Fundamental to the success of the Community in this area is the direction in Article 9(I) of the EEC Treaty that

The Oil Industry of Germany

Abstract The German oil industry began shortly after oil was discovered in the United States, but the development of oil production was at a much slower rate because the early wells produced in small quantity. During World War II the existing fields were produced to their maximum capacity, but it was not until after the Federal Republic of Germany was formed, when the oil industry received the benefits of substantial protective tariffs, that extensive exploration for new fields was commenced. This work resulted in the discovery of new reserves of substantial size, and at the present time Germany has the largest domestic production of oil in Free Europe. Under the terms of the European Economic Community Treaty, the system of protective tariffs on imported crude oil, under which the German oil industry has flourished, were to be discontinued gradually and were to be eliminated by 1970. As it was faced with this prospect, the German oil industry appealed to its government form assistance, which was granted by a recent act of Parliament which provides for the payment of subsidies on domestic oil production in decreasing amount for six years. Also, low interest loans are to be made to German companies to enable them to prospect for oil in foreign lands. Introduction The recent discovery of large gas reserves in The Netherlands and the commencement of the application of the European Economic Community Treaty relating to oil on Jan. 1, 1964, have had a profound effect on the oil industry of Germany. Germany is the most important oil country in Free Europe, so, because of the significance of these events, it is believed that a discussion of the petroleum geology of Germany, a description of the way that oil fields have been found, developed and produced, and a consideration of the impending changes in the fuel economy of the nation should be of interest to the United States engineers. History The German oil industry had its beginning at approximately the same time as in the United States, but development was at a much slower rate than in this country because the early wells produced oil in small quantity. Drilling was undertaken, just as was the case in northwestern Pennsylvania, because of surface seeps in the County of Celle, particularly in the vicinity of the Village of Wietze. Starting in 1876 in this area. heavy oil was produced from numerous shallow wells. Subsurface mining operations were commenced in the shallow Wietze field in 1920. In the beginning of this mining operation, oil was produced by seepage from the reservoir rock into the tunnels which had been excavated away from the central shaft. Subsequently the oil sand was excavated and brought to the surface where i was washed and the oil extracted by this process. A great mound of washed sand near the mine shaft indicates the magnitude of these underground operations. It is estimated that recovery was increased from about 15 per cent of oil in place by the production obtained from wells to about 38 per cent by the mining operation. In recent years expansion of the Wietze mine was discontinued largely for economic reasons, but it has been used for several interesting oil recovery experiments. It was concluded as a result of these experiments that as much oil could be produced by various recovery processes using wells drilled into the oil reservoirs from the surface, so the mining operation was shut down in the summer of 1963. This operation was notable in that it provided the unique opportunity of direct inspection underground of a producing oil reservoir, and of direct observation of the effects of various recovery processes. Petroleum was of such insignificant importance at the time the General Mining Law of Germany was adopted in 1865 that it was not included with other minerals. Thus, up until 1934, when the first Petroleum Law was enacted and which vested title to all undiscovered oil and gas fields in the state, development of the oil fields and the production of oil was carried on by lease agreements between land owners and oil companies similar to the manner in which land is leased, wells are drilled and oil is produced in the U.S. The Petroleum Act of 1934 did not invalidate existing lease agreements and some oil, chiefly from the shallow fields of early discovery, is still produced under such agreements. JPT P. 589ˆ

The "Right of Defense" in the Control of Restrictive Practices under the European Community Treaties

The supra-national control of restrictive business practices and concentrations provided for in the European Economic Community Treaty which came into effect in 1958' marks a new and important expansion of regulatory laws in this field. Business both in the Six2 member countries and outside of the European Community whose dealings bring them within the jurisdiction of the EEC Treaty are compelled to appraise the effect of this Treaty upon their plans and activities. Articles 85 to 90 under the title Rules Governing contain many new and unfamiliar features. Their scope is open to speculation and the exact role of the Community agencies and their implementation is as yet undetermined. The Commission created by the Treaty to act as the principal executive authority of the Community is given certain quasi-judicial functions in the enforcement of these rules. It has in turn set up a special subcommittee on Competition composed of three members of the Commission,3 and in the administration there has been created a special division or bureau entitled Understandings, Monopolies, Dumping and Discrimination under Mr. Verloren van Themaat, formerly administrator of the Dutch agency dealing with restrictive practices. The machinery of the Community includes a Council authorized to promulgate Regulations governing the application of these Rules4 and a multi-national Court of Justice to hear appeals from the Commission's decisions with power to annul them if they violate the Treaty or any rule of law relating to its application and to hear cases brought by member states.