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
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2
Q

4

Describe the aims of the EU

A
  • Peace
  • Prosperity
  • Liberal democracy
  • Done through intergration and expansion
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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
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4
Q

4

Describe the Maastricht Treaty

A
  • establishes EU
  • common citizenship
  • common foreign and security policy
  • plans for single currency
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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
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6
Q

2

When were referendums not held in the UK on an EU Treaty

A
  • Maastricht Treaty 1993
  • Lisbon Treaty 2009
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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
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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)
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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
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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
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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
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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
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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
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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
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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
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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