Treaties of Rome (1957)

Treaties that created the European Economic Community (EEC) and Euratom. They aimed to build a common market and are key milestones in the development of today’s EU.

A type of organization or legal order where common institutions can make binding rules that apply directly to individuals and can limit what states do, going beyond classic treaty cooperation.

A doctrine of EU law (from Van Gend en Loos) meaning that certain EU rules create rights and obligations that individuals can rely on directly before national courts.

Primacy (supremacy) of EU law

The principle (from Costa v ENEL and later case law) that valid EU law takes priority over conflicting national law, so national courts must set aside the conflicting national rule.

What is Direct effect?

A doctrine of EU law allowing individuals to invoke certain EU provisions directly before national courts.

What is Lisbon Treaty?

The treaty in force since 2009 that currently structures the EU and gives binding force to the Charter of Fundamental Rights.

What is Supranational?

Describes an organization or legal system with powers above the state level, whose rules can directly affect individuals and limit state action.

What is Internal market?

The EU area without internal borders for the free movement of goods, persons, services, and capital.

What Is EU Law? From Coal and Steel to a Unique Legal Order — EU Law 101: Foundations of the European Union Legal Order

Step 1 – Why Study EU Law?

EU Law in Everyday Life

EU law shapes daily life for about 450 million people in 27 Member States. It affects things like roaming charges, food safety, clean air, and your rights as a student or worker in other EU countries.

A Unique Legal Order

This module introduces EU law as a unique legal order. You will see how it grew from a coal and steel community into today’s EU, and why it is different from ordinary international law.

Your Learning Goals

You will learn to: 1) outline the main steps in European integration; 2) explain what makes the EU supranational; 3) understand why EU law is an autonomous legal order with real effects for states and citizens.

Guiding Question

Guiding question: How did rules about coal and steel between six countries turn into a legal system that can overrule national law in 27 states today?

Step 2 – From War to Coal and Steel: The Starting Point

Post‑War Europe

After World War II, Europe had suffered two major wars in less than 40 years. Leaders looked for ways to make war between European states both unthinkable and practically impossible.

The ECSC

The European Coal and Steel Community (ECSC) was created by the Treaty of Paris in 1951. Six states agreed to share control of coal and steel under a common High Authority.

Why Coal and Steel?

Coal and steel were the key materials for weapons and heavy industry. Sharing control over them made it harder for any one state to secretly prepare for war.

First Supranational Step

Unlike classic treaties, states gave real powers to a new body. The ECSC High Authority could make binding decisions for companies and governments. This was an early move toward supranational law.

Step 3 – From Communities to Union: Key Treaty Milestones

Treaties of Rome

In 1957, the Treaties of Rome created the EEC and Euratom. They entered into force in 1958 and aimed to build a common market by removing trade barriers between the six states.

Towards the Internal Market

The Single European Act (1986, in force 1987) focused on completing the internal market: a space without internal borders for goods, people, services, and capital.

Birth of the EU

The Maastricht Treaty (in force 1993) created the European Union, introduced EU citizenship, and set the path for the euro. Later treaties (Amsterdam, Nice) adjusted institutions for enlargements.

Lisbon and Today

The Lisbon Treaty (in force since 2009) is the current constitutional framework. It renamed the EEC Treaty as the TFEU and made the Charter of Fundamental Rights legally binding.

From 6 to 27 States

The Communities began with 6 states and expanded in several waves. The UK left in 2020. Today, the EU has 27 Member States, and EU law has grown in reach and importance.

Step 4 – Visual Timeline Exercise: Tracing Integration

Draw the Timeline

Draw a horizontal line. Mark: 1951 ECSC (factory icon), 1957 Rome (shopping cart), 1992/1993 Maastricht (EU flag, passport), 2007/2009 Lisbon (book), 2020 Brexit (arrow leaving).

Add Short Notes

Below 1950s write: From peace through coal and steel to common market. Below 1990s–2000s write: From common market to political union with citizenship and rights.

Why This Matters

The timeline shows EU law as a moving project, shaped by several treaty reforms over time, not a fixed system created in one step.

Step 5 – International Organization vs Supranational Union

Classic International Organizations

Typical organizations (like the WTO) are based on treaties where states promise each other to act in certain ways. Mainly, states can complain about violations, and decisions mostly bind states.

EU Direct Effect

In the EU, some rules can be invoked directly by individuals in their national courts. EU law does not only work between states; it also works inside states.

EU Primacy

When valid EU law conflicts with national law, EU law has primacy. National courts must set aside conflicting national rules to give full effect to EU law.

EU Institutions

The EU has its own institutions: the Commission, Parliament, and CJEU. They act with a degree of independence from Member States and can make and enforce binding rules.

Supranational and Autonomous

Because of direct effect, primacy, and strong institutions, the EU is often called supranational and its law an autonomous legal order, not just a standard international regime.

Step 6 – Everyday Examples: How EU Law Reaches You

Free Movement for Students

EU citizenship gives rights to move and reside in other Member States. A Spanish student in Germany can rely directly on EU rules on free movement and equal treatment when studying abroad.

Roaming Like at Home

EU regulations have largely removed extra roaming charges. A Polish tourist using data in Italy is protected by an EU rule that applies directly in all Member States.

Common Product Standards

EU law sets shared standards, such as allergen labelling on food. A French consumer buying chocolate in Belgium sees similar labels thanks to harmonized EU rules.

Fines on Big Companies

The European Commission can fine companies for EU competition law breaches, such as cartels or abuse of dominance. These decisions bind companies directly, not only states.

Rights and Duties for You

These examples show that EU law creates rights and obligations for individuals and firms, enforceable in national courts and through EU institutions.

Step 7 – The Autonomous EU Legal Order: Key Court Cases

Van Gend en Loos (1963)

A Dutch company challenged a customs duty using EEC law. The CJEU said the treaty created a new legal order that gives rights to individuals which national courts must protect. This is direct effect.

Costa v ENEL (1964)

Mr Costa argued that an Italian law on electricity conflicted with EEC law. The CJEU held that Community law has primacy over conflicting national laws.

Why These Cases Matter

Direct effect and primacy mean EU law is not just a treaty between states. It is a legal system that can override national law and be used directly by individuals in national courts.

From EEC to EU

Even though the EEC became the EU and the main treaty is now the TFEU, the core ideas from these 1960s cases still structure EU law today.

Step 8 – Thought Exercise: Is This EU Law or International Law?

Scenarios A and B

Scenario A: Only states can complain about fishing limits. Scenario B: A worker sues an employer in a national court using a treaty rule on equal pay. Decide which looks like classic international law and which like EU‑style law.

Scenarios C and D

Scenario C: A common court says joint rules trump later national laws. Scenario D: An organization directly fines companies for price‑fixing. Which concepts of EU law do these resemble?

Look for Key Features

Check for signs of direct effect, primacy, and powers over individuals or firms. These are clues that a system is supranational, like the EU.

Step 9 – Quick Check: Core Ideas

Answer this short question to check your understanding of what makes EU law special.

Which statement best captures what is unique about EU law compared to classic international law?

EU law only creates obligations between states, and individuals cannot rely on it in national courts.
EU law forms a legal order in which some rules have direct effect and primacy over national law, and are enforced by both EU and national institutions.
EU law is simply another name for international treaties about trade between European countries.

Show Answer

Answer: B) EU law forms a legal order in which some rules have direct effect and primacy over national law, and are enforced by both EU and national institutions.

Option 2 is correct. EU law is special because it is a **supranational legal order** with rules that can have **direct effect** and **primacy**, enforced through a combination of EU institutions (like the Commission and CJEU) and national courts. Options 1 and 3 ignore these key features.

Step 10 – Flashcard Review: Key Terms

Use these flashcards to review the main concepts from this module.

European Coal and Steel Community (ECSC): An organization created by the 1951 Treaty of Paris among six states to place coal and steel under a common High Authority. It was the starting point of European integration and an early move toward supranational law.
Treaties of Rome (1957): Treaties that created the European Economic Community (EEC) and Euratom. They aimed to build a common market and are key milestones in the development of today’s EU.
Supranational: A type of organization or legal order where common institutions can make binding rules that apply directly to individuals and can limit what states do, going beyond classic treaty cooperation.
Direct effect: A doctrine of EU law (from Van Gend en Loos) meaning that certain EU rules create rights and obligations that individuals can rely on directly before national courts.
Primacy (supremacy) of EU law: The principle (from Costa v ENEL and later case law) that valid EU law takes priority over conflicting national law, so national courts must set aside the conflicting national rule.
Maastricht Treaty (Treaty on European Union): A 1992 treaty (in force 1993) that created the European Union, introduced EU citizenship, and prepared for the euro, marking a shift from a mainly economic community towards a more political union.
Lisbon Treaty: A treaty signed in 2007 and in force since 2009 that is the current constitutional framework of the EU. It renamed the main treaty as the TFEU and gave the Charter of Fundamental Rights binding legal force.
Autonomous legal order: A way to describe EU law as a legal system with its own sources, principles, and institutions, which interacts with but is distinct from both national and general international law.

Key Terms

Direct effect: A doctrine of EU law allowing individuals to invoke certain EU provisions directly before national courts.
Lisbon Treaty: The treaty in force since 2009 that currently structures the EU and gives binding force to the Charter of Fundamental Rights.
Supranational: Describes an organization or legal system with powers above the state level, whose rules can directly affect individuals and limit state action.
Internal market: The EU area without internal borders for the free movement of goods, persons, services, and capital.
Treaties of Rome: 1957 treaties that created the European Economic Community (EEC) and Euratom and launched the common market.
Primacy of EU law: The principle that valid EU law takes precedence over conflicting national law.
Autonomous legal order: A self‑standing legal system with its own sources and institutions; the CJEU describes EU law in this way.
European Coal and Steel Community (ECSC): The first step of European integration, created in 1951 to place coal and steel of six states under a common High Authority.
Maastricht Treaty (Treaty on European Union): The 1992 treaty, in force since 1993, that formally created the European Union and introduced EU citizenship.
Court of Justice of the European Union (CJEU): The EU institution that interprets EU law and ensures it is applied uniformly across Member States.