1. Introduction Flashcards

1
Q

What were the primary causes for European integration?

Concerns + aim of integration

A

World Wars I and II, concerns about repeating interwar imbalances, decolonisation, globalisation and polarisation, and the shrinking of European powers amidst the rise of superpowers.

The integration aimed to avoid internal conflict and create a significant player on the international stage.

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2
Q

Name some precedents to European integration.

A

Coudenhove-Kalergi’s Paneuropa (1923), Kellogg–Briand Paris Pact (1928), and Briand’s speech before the League of Nations (1929).

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3
Q

Explain Functionalism as a theory behind European integration.

A

Functionalism is a means to reach closer cooperation among States to guarantee progress and avoid conflict, creating de facto solidarity and spill-over effects.

Examples include the ECSC and Euratom, followed by liberalisation.

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4
Q

Explain Intergovernmentalism/Supranationalism as a theory behind European integration.

A

This theory focuses on the role and interests of States rather than spill-over effects, presenting a democratic paradox.

It emerged as an alternative to functionalism after the unanimity interim period at the Council and De Gaulle’s stagnation, marked by the Empty Chair Crisis (1965) and Luxembourg Compromise (1966).

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5
Q

Explain Federalism as a theory behind European integration.

+what do they involve?

A

Federalism is a broad theory of State integration involving the transfer of competences through constitutional rule to a new entity.

It includes bodies representing States and citizens, the prevalence of EU resolutions, and direct applicability to individuals.

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6
Q

What was the Schuman Declaration?

A

Prepared by Jean Monnet and Robert Schuman in 1950, it proposed pooling French-German steel and coal production under a High Authority.

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7
Q

What treaties established the European Communities?

A

The Treaty of Paris (1951) established the ECSC, and the Treaties of Rome (1957) established the EEC and Euratom.

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8
Q

What countries were the original members of the European Communities?

A

France, Germany, Luxembourg, Belgium, the Netherlands, and Italy.

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9
Q

What are the key characteristics of the framework treaties of the European Communities?

+role of EC

A

Institutions, free movement, competition, harmonisation rules, and a common tariff.

The European Commission holds legislative initiative and exclusive competences in competition and State aid.

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10
Q

What is the significance of Van Gend en Loos (1963) and Costa v Enel (1964)?

A

These cases established the principles of primacy and direct effect of European Union law.

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11
Q

What was the Empty Chair Crisis (1965)?

A

De Gaulle’s France left the Council during budget negotiations due to the end of the transitional period and the move to qualified majority voting.

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12
Q

What was the Luxembourg Compromise (1966)?

A

It established de facto veto rights for topics deemed to affect vital national interests.

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13
Q

What were the key events in the 1970s regarding European integration?

A

French veto on accession by Denmark, Ireland, Norway and UK (1961-1969)

Merging of institutions (1967) and power to levy own resources (1969)
Accession by Denmark, Ireland, and UK (1973)

European Political Cooperation (1970, 1974) and European Council (1974)

First elections to European Parliament by direct and universal suffrage (1979)

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14
Q

What was the Spinelli Plan (1984)?

A

A Draft Treaty Establishing the European Union by federalist MEPs, which was adopted but not endorsed by national parliaments.

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15
Q

What were the key provisions of the Single European Act (1986)?

A

Amendments to the treaties to extend areas where the Council decides by majority, increased powers for the EP, Commission’s implementing powers, and inclusion of areas such as common foreign policy.

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16
Q

What was the significance of German reunification (1989) for European integration?

A

France agreed to support German reunification that would re-balance powers in Europe in exchange for German backing of euro to increase unity.

17
Q

What are the key aspects of the Maastricht Treaty (1992)?

A

Establishment of a three-pillar institutional framework for the EU

Complex ratification process

Constitutional changes.

18
Q

What were the main changes introduced by the Amsterdam Treaty (1997)?

A

Extension of the Community’s competences (more power to the EU) as well as broadening of EP’s co-decision powers.

19
Q

What were the main goals of the Nice Treaty (2000)?

A

Reform of institutions, enhanced cooperation with 8 MS, preventive mechanism (ex: inspections) for violations of FFRR, CFREU.

20
Q

What are the main institutions of the EU?

A

Council (European Council NOT Council of Europe), EP, EC, Court of Justice, Court of Auditors.

21
Q

What were the three pillars of the EU before the Lisbon Treaty?

Refer to power of EU in each one

A

EECC, CFSP, and Area of freedom, security and justice.

Less EU power in each one.

22
Q

What were the major outcomes of the Convention on the Future of the EU (2002)?

A

A Constitution for Europe that failed referenda in France and the Netherlands (2005).

23
Q

What were the main changes introduced by the Lisbon Treaty (2007)?

Constitution, framework, CFREU, ECHR, competences, EP

A

A watered-down version of the Constitution for Europe

A single institutional framework

Constitutional value of CFREU

Mandate to accede to ECHR

Systematic allocation of competences

Greater role for the EP as co-legislator.

24
Q

What is the significance of Article 47 TEU?

A

It grants the EU international-legal status and legal personality, but sovereignty is transferred by MS.

25
Q

How can the TEU and TFEU be revised?

A

In form, they can be revised by majority (Art. 48(3) TEU) and ratified by special procedures included in MS constitutions.

26
Q

What are the Union values according to Article 2 TEU?

A

Respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights, including the rights of persons belonging to minorities.

27
Q

Explain the ordinary revision procedure for amending the treaties (Art. 48(2)-(5) TEU).

A

It involves three phases: a proposal to the Council, a Convention deciding by consensus, and ratification by MS.

28
Q

Explain the simplified revision procedures for amending the treaties (Arts. 48(6)-(7) TEU).

A

Used only for Union policies and internal actions, not for increasing EU competences, it involves a proposal to the European Council, a decision by unanimity, and approval by MS.

29
Q

What are the Copenhagen criteria for EU accession?

A

Political (stability of institutions), Economic (functioning market economy), and Legal (ability to take on obligations of membership).

30
Q

Outline the procedure for a state’s application to join the EU.

A

State’s application to Council, negotiation and signing of Accession Treaty with all MS, and Adaptations by Accession Act to Union law.

31
Q

What are the phases of withdrawing from the EU according to Article 50 TEU?

A

MS adopts decision by constitutional means and notifies the European Council.

Negotiation under international agreements rules

Council enters into international agreement with EP approval

End of application of Treaties on set date or 2 years.

32
Q

Under what conditions can a member state’s rights be suspended?

+how long?

A

Only temporarily for breach of EU values in Art. 2 TEU (Art. 7 TEU and 354 TFEU).

33
Q

What is the territorial scope of the EU?

A

All MS terrestrial, aerial and maritime domains. Special arrangements for ultraperipheral regions (ex: French overseas departments) and overseas countries and territories.

34
Q

What is the temporal scope of EU law?

A

Unlimited duration. Application to situations existing before their entry into force only in so far as it clearly follows from their terms.