4.3 Impact of the EU Flashcards
1
Q
4
List the ‘four freedoms’ of the EU
A
- Free movement of goods (no barriers/tariffs)
- Free movement of capital
- Free movement of services (businesses should be able to operate freely in all member states)
- Free movement of people
2
Q
4
Describe the aims of the EU
A
- Peace
- Prosperity
- Liberal democracy
- Done through intergration and expansion
3
Q
7
Describe the integration of the EU
A
- 1957 - EEC establsihed by Treaty of Rome
- 1985 - Schengen Agreement establsihes passport-free travel across most member states (UK and ROI not included)
- 1986 - Single European Act commits EEC to single internal market
- 1993 - Maastricht Treaty
- 1999 - euro introduced
- 2003 - Nice Treaty extends qualified majority voting and reduce occasions when national veto can be used
- 2009 - Lisbon Treaty
4
Q
4
Describe the Maastricht Treaty
A
- establishes EU
- common citizenship
- common foreign and security policy
- plans for single currency
5
Q
5
Describe the Lisbon Treaty
A
- Provides EU diplomatic corps (European External Action Service)
- 160 missions since 2020 (e.g. support of security sector reform in Iraq/Ukraine)
- establishes High Representative for Foreign Affairs and Security Policy - greater international influence
- full-time Council of EU Presidency role established
- move from unanimous to majority decisions on many matters in Council of Europe
6
Q
2
When were referendums not held in the UK on an EU Treaty
A
- Maastricht Treaty 1993
- Lisbon Treaty 2009
7
Q
Describe the expansion of the EU
A
- 1952 - ‘The Six’
- 1973 - UK, ROI, Denmark
- 1981 - Greece
- 1986 - Spain and Portugal
- 1995 - Austria, Sweden, Finalnd
- 2004 - Eastern European nations (e.g. Malta, Estonia)
- 2007 - Bulgaria, Romania
- 2013 - Croatia
- 2020 - UK leaves
- 2023 - opened ascession negotiations with Ukraine and Moldova
8
Q
3
Describe the single market (EU)
A
- Unified trading territory
- No border regulations or internal tariffs
- Allows unrestricted movement of goods, services, capital and people (four freedoms)
9
Q
2
Describe the monetary union (EU)
A
- 20 member states in eurozones
- Maastricht Treaty created ECB to set common interest rate for eurozone members
10
Q
4
Describe the protection of rights (EU)
A
- ‘Charter of Fundamental Rights’ made legally binding by Lisbon Treaty
- Significant overlap with ECHR
- But charter only applies to areas connected to EU law
- Cases dealt with ECJ
11
Q
4
Describe the political union (EU)
A
- Gradual reduction of national veto since 1986 in Council of Ministers/European Council
- Social chapter + ECJ
- laws ensure all members compete on ‘level playing field’
- common regulation in certain areas e.g. cheese packaging
12
Q
4
Describe the European Commission
A
- Executive arm of EU
- ‘Right of initiative’ - proposes legislation
- Represent EU in external negotiations
- One commissioner from each member state, headed by President
13
Q
4
Describe the Council of Ministers (Council of EU)
A
- Half of legislative arm
- comprised of relevant ministers of member states
- presidency rotates every 6 months
- Together with EU Parliament approves, amends or vetoes proposals of Commission
- ministers have authority to commit their governments to actions agreed in meetings
14
Q
3
Describe the European Council
A
- Set EU strategy and budget, but do not pass law
- Head of state/government from each member states + President of European Commission and Council
- 4 annual summits
15
Q
6
Describe the European Parliament
A
- Half of legilsative arm
- approves, amends or vetoes proposals of Commission
- Exercises democratic supervision of EU isntitutions
- Shares authroity with European Council over EU budget
- 720 MEPs
- Directly elected every 5 years
16
Q
1
Describe the ECJ
A
- Ensures European Law is applied equally and interpreted in the same way in all member states
17
Q
3 - (4) (4) (3)
Describe the argument that the EU has achieved its objectives
A
-
Peace and expansion
- Common defence and security policy + diplomatic corps
- Common citizenship to allow for internal peace
- expansion to 27 members + 9 candidates
- Prevented futher Russian aggression
-
Prosperity
- Four freedoms has enabled largest single-market in world
- GDP at $19.45trn (2nd largest behind USA nominally)
- euro second largest reserve currency, esp important for developing nations
- customs union gives access to large markets e.g. Japan, Singapore
-
Liberal democracy
- Expansion has enocouraged democracy in post-Soviet nations
- 720 directly-elected MEPs
- ‘Charter of Fundamental Rights’ protects rights
18
Q
3 - (4) (3) (4)
Describe the argument that the EU has not achieved its objectives
A
-
Peace and expansion
- Expansion has reduced ability to present united international front (e.g. Hungary holding up Ukrainian funding)
- Agreement on Russian sanctions, but disagreement on ban on Russian oil/gas
- ROI outside Schengen zone
- Brexit and AUKUS
-
Prosperity
- Eurozone crisis led to Greece accepting restrictive austerity programmes
- ECB and eurozone cannot appropriately set interest rates for what remain divergent economies
- Removal of economic barriers (immigration) leads to populism
-
Liberal democracy
- Brexit Party joint-largest party after 2019 Elecs
- EU Commission lacks democratic accountability despite power
- EU Parliament elected but holds less influence over legislative process than most legislative assemblies
- EU Parliament elections hold low turnouts, though rising (2019 - 50%)
19
Q
2
Describe the Factortame Case 1991
A
- Spanish fishing boats in UK waters case
- Established that EU law is superior to that of member states
20
Q
4
Describe the constitutional impact of Brexit
A
- Full resostoration of parliamentary sovereignty
- ECJ no longer had jurisdiction in UK - ceased to be highest court of appeal on EU matters
- Some changes in UK statute law e.g. removal of tampon tax
- Greater constitutional conflcit with EU
21
Q
4
Describe the additional constitutional impacts of Brexit
A
- Extension of executive authority
- e.g. initial unwillingness of Parliament to agree to 2019 elec led to restoration of RP by Boris
- Clashes with SC
- Further calls for Scottish independence
22
Q
2
Describe examples of greater constitutional conflict with the EU
A
- 2021, UK Govt sent 2 warships to Jersey when French fishing boats threatened blockade over postwithdrawal disupute over fishing rights
- UK soveriegnty over Gibraltar increasingly contentious (Spain described it as colony in 2019)
23
Q
2
Describe the limits to the constitutional impact of Brexit
A
- Retention of EU law
- NI still continues to follow many EU rules to avoid customs check at border
24
Q
3
Describe the retention of EU law
A
- Withdrawal agreement included retention of vast majority of EU law into UK law
- But changed so individual departments could decide (esp Business department)
- Retained EU Act 2023 allows for significant regulatory reform
25
Q
3
Describe the constitutional impact of Brexit on NI
A
- NI still adheres to many EU customs checks
- WF gave UK greater control over VAT rates and medicines in NI
- led to suspension of NI Assembly (2022-24)
26
Q
3
Describe QVM (Qualified Majority Voting)
A
- Proposal made by Commission or HIgh Representative of European Union for Foreign Affairs and Security Policy
- Accepted by Council of EU
- Relevant for areas such as employment, environment, etc
27
Q
3
Describe the conditions required for QVM
A
- ‘double majority rule’
- proposal accepted by 55% of member states
- proposal accepted by member states representing 65% of EU population
28
Q
3 - (3) (2) (3)
Describe the argument that EU withdrawal has strenthened Parliamentary Sovereignty
A
-
Re-established supremacy of UK law
- end to ‘pooling of sovereignty’
- member states do not have veto in certain areas (QVM)
- Tampon tax
-
Can greater determine policy
- Single market and four freedoms exit
- Customs union exit - CPTPP trade deal
-
Judicial changes
- ECJ no longer has jurisdiction over UK relating to EU law
- SC determined that Parliament can determine EU relationship, not devolved bodies
- Miller cases
29
Q
3 - (2) (4) (2)
Describe the argument that EU withdrawal has not strenthened Parliamentary Sovereignty
A
-
Parliamentary soveriegnty always remained possible
- withdrawal confirmed Parliament retained ability to legislative to restore full parliamentary soveriegnty
- UK had opt-outs on Schengen, eurozone, USE
-
Limits to change in policy
- No change to monetary policy - most important areas
- Most EU law retained
- of 71 signed post-brexit trade deals, 68 are ‘rollovers’
- NI retains many EU custom chels
-
SC retains influence
- ‘Charter of Fundamnetal Rights’ largely similar to retained ECHR (via HRA 1998)
- HRA continues to stifle Acts of Parliament
