5. EU institutions and law Flashcards
1
Q
Demographics and languages
A
- 3rd most populous continent (742m)
- second most densily populated (143 persons per sq mi)
- second smallest continent by surface area
- boundaries uncertain but usually marked by Urals and Caucasus mountains -> 50 countries + 6 with limited recognition
- 24 official languahes, court of justice 610 lawyer linguists (and 28 judges)
- stage where nation states proliferated
2
Q
Principles distinctions of EU law
A
- There exists no direct correspondence between the nomen iuris (name of law) of the act and the legislative procedure that follows for its adoption => numerous procedures can be followed to express the will of European insitutions in different areas of competence
- => often vary in regards to:
- consultative phase: political and technical bodies intervene
- decision-making phase: majority needed to approve an act may differ
3
Q
Development of EU
A
- 1951: Treaty of Paris established European Coal and Steel Community (ECSC)
- Founding members: Italy, Luxem, Netherlands, France, Belgium, West Germany
- 1957: Treaty of Rome established European Economic Community & European Atomic Energy Community (Euratom Treaty - sub-category of Treaty of Rome)
- 1965: Merger Treaty of Brussels unified the three communities, although each one maintained its own area of competence
- 1986: Single European Act (SEA) - greater integration between the Member States
- 1992: Maastricht Treaty/Treaty on EU integrated three into EU
- 1997: Treaty of Amsterdam
- 2007: Treaty of Lisbon
4
Q
European Economic Community (Treaty of Rome)
A
- peace and security is based on economic cooperation
- expand the list of competents
- competents are vaguely defined but developed eventually as nail-functionalism (e.g. to exercise competent A, need to exercise competent B as instrument)
5
Q
Single European Act (SEA)
A
- need a body/parliament that is able to exercise legislative power
- before this act, only advice not anything enforceable
6
Q
Principle of Attribution vs. Principle of subsidiarity
A
- Legislative competence on EU level is determined on basis of principle of attribution
- underpins the concept that ignorance of the law does not excuse.
- This fiction tries to negate the unfairness of someone avoiding liability for an act or omission by simply denying knowledge of the law.
- Distribution is clear and linear because supra-national subject matters are expressed in broad terms
- However, there’s a widespread tendency to extend EU competences due to frequent recourse to the procedure established
- => Maastricht Treaty introduced principle of subsidiarity
7
Q
Maastricht Treaty
A
3 pillar structure:
- EEC (european economic community)
- CFSP (Common Foreign and Security Policy)
- JHA (justice and home affairs) -
- each pillar you will have different decisional methodology
- communitarian method: take decisions for the european as a whole, not as member state
- inter-governmental methods: take decisions as a member state to represent
- council = institutions where member states bring their own voice
- introduced the principle of subsidiarity - EU does not have exclusive competence unless action of Member State is insufficient to achieve => intervention
8
Q
Treaty of Amsterdam
A
- extension towards the east
- eastern states were culturally different, in terms of law too (e.g. corruption problems, clear deficiency in holding the rule of law - statutes: basic principles that lay out separation of power, that must be respected by a state)
- needed this treaty to make amendments to constitutions to make sure they can access the EU by abiding into the cons.
- parliament approving head of commission
9
Q
Treaty of Lisbon
A
- Treaty of Nice in 2000 led to the ambitious Treaty Establishing a Cons. for Europe, signed in Rome in 2004. However, was not passed by France and Netherlands
- wants to introduce a Cons. that was not passed => Treaty of Lisbon = compromise
- Provided following structural reforms of European decision making:
- overcame historical separation between European Community and European Union
- reinforced democratic structure of EU by increasing role of European Parliament - the only democratically elected body of EU, in law making process
- widened power of scrutinity granted to Court of Justice + reinforced external action of EU
- through restructuring the founding treaties (TEC & TEU)
- TEU sets forth general principles that inspire EU
- TFEU (Treaty of the Functioning of EU) determines area, delimitation and arrangements for exercises of competences - procedures for adopting secondary sources of law
- Charter of Fundamental Rights of EU was void of effects during Treaty of Nice => give this charter a legal binding characteristc => CFREU have same value as founding treaties (does not have mere interpretative values)
- established that EU shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)
10
Q
EU institutional structure
A
- European Council (summit)
- European Parliament, Council of Ministers (Council of the EU), European Commission
- Court of Justice, Court of Auditors, Economic and Social Committee, Committee of the Regions
- European Investment Bank, Agencies, European Central Bank
11
Q
European Council
A
- council = legislative body
- policy-making body
- Sets the overall guidelines for EU policies
- supernational organisation (not an international org)
- much more intrusive
- international: leaves member states to implement the law, up to the state
- supernational: some rules have direct effects in the member states, no need incorporation
- Summit of heads of state and government of all EU countries:
- Held at least 4 times a year
- some executive powers
- nominate non-legislative acts
- head of council rotates every 6 month
12
Q
Key actors of European Council
A
i. The European Parliament:
ii. The Council of Europe:
iii. The European Commission:
- promoting the common interest (EU)
- Jean-Claude Juncker, President
13
Q
2 types of legislative procedure
A
- Co-legislative, co-decision procedure = ordinary proc. where the legislative functions come from both parliament and councils - need consent of both
- special legislative procedure (after treaty of lisbon) - only need consent from council and parliament needs to follow
- esp in economic and security policies
- most sensitive areas are where council plays key role
14
Q
European Parliament
A
Basic facts:
- Antonio Tajani, President
- currently 751 MEPs (maximum number in the treaty)
- elected by universal * starting from 1979
Functions:
- more like a lower house
- voice of the EU citizens
- monitors budget
- monitors EU institutions.
Regulations:
- cannot be dissolved and has 5 years mandate
- directly elected
- vote for national parties and then aggregated at european level
- do not have uniform eu electoral laws, but have to respect law of proportionality - must be proportional to the system
15
Q
Council of Europe/Ministers
A
- voice of the Member States
- presidency rotates every six months
- more like an upper house, not directly elected
- channel whereby have interests of a lot of units represented. e.g. Bundestags is where states of Germany speak up
- One minister from each EU country => ever changing concission, depending on the subject matter
- Participates with Parliament in the legislative process (but does not directly exercise legislative power) and in the monitoring activity over the budget - co-legislator function
- Manages the common foreign and security policy
