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Definitions and boundaries
Benelux is an economic union in Western Europe comprising
three neighbouring monarchies, Belgium, the Netherlands, and
Luxembourg. The name is formed from the beginning of each
country's name, and was created for the Benelux Customs
Union, but is now used in a more generic way.
The treaty establishing the Benelux Customs Union was signed
in 1944 by the governments in exile of the three countries
in London, and entered into force in 1947. It ceased to
exist in 1960, when it was replaced by the Benelux Economic
Union. It was preceded by a - still existing -
Belgium-Luxembourg Economic Union in 1925.
Its founding contributed to the founding of the European
Union (EU), though the immediate precursors to the EU were
founded later (the ECSC in 1951 and the EEC in 1957). The
three countries were also founding members of these
organizations, together with West Germany, France, and
Italy. Art. 306 EC Treaty stipulates that The provisions of
this Treaty shall not preclude the existence or completion
of regional unions between Belgium and Luxembourg, or
between Belgium, Luxembourg and the Netherlands, to the
extent that the objectives of these regional unions are not
attained by application of this Treaty. This article
remained unaltered as art. IV-441 of the European
Constitution.
A Benelux Parliament (originally referred to as
Interparliamentary Consultative Council) was created in
1955. This parliamentary assembly is composed of 21 members
of the Dutch parliament, 21 members of the Belgian national
and regional parliaments, and 7 members of the Luxembourgian
parliament.
The treaty establishing the Benelux Economic Union (Benelux
Economische Unie/Union Économique Benelux) was signed in
1958 and came into force in 1960 to promote the free
movement of workers, capital, services, and goods in the
region. Its secretariat-general is located in Brussels. The
unification of the law of the three Benelux countries is
mainly achieved by regulations of its Council of Ministers,
that only bind the three States, but are not directly
applicable in their internal legal orders. There is also a
large number of Benelux conventions in a wide range of
subject matters.
In 1965, the treaty establishing a Benelux Court of Justice
was signed. It entered into force in 1975. The Court,
composed of judges from the highest courts of the three
States, has to guarantee the uniform interpretation of
common legal rules. This international judicial institution
is located in Brussels.
The Benelux is particularly active in the field of
intellectual property. The three countries established a
Benelux Trademarks Office and a Benelux Designs Office, both
situated in The Hague. In 2005 they concluded a treaty
establishing a Benelux Organisation for Intellectual
Property which will replace both offices upon its entry into
force.
The treaty establishing the Benelux Economic Union will
expire in 2010. It will probably be replaced by a new legal
framework, taking into account the evolutions since the
1950's both within the three member states and concerning
European integration.
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