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Articles of EU Treaties Flashcards

1
Q

Art. 50 TEU

A

To get out of the EU

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2
Q

Art. 16 TEU - name the first 4 paragraphs

A

Role of the Council
Art. 16 (1) - Council exercises jointly with EP legislative and budgetary functions
Art. 16 (2) - Council consists of a representative of each MS at ministerial level
Art. 16 (3) - Council shall act by qualified majority (QM) except where the Treaties provide otherwise
Art. 16(4) As from 1 November 2014, a qualified majority shall be defined as at least 55% of the members of the Council (at least 15/27 MS) and representing MS comprising at least 65% of the population of the Union
Blocking minority of at least 4 Council members
(in theory goes until Art. 16(9))

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3
Q

Art. 237 TFEU

A

The Council of the EU shall meet when convened by
1) its President on his own initiative
2) at the request of one of its members
3) the Commission

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4
Q

Article 49, TEU

A

Defines the process and conditions for the accession of new members:
They must:
1) be a European state
2) respect common values according to article 2 TEU

+ Description of process

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5
Q

Art. 2, TEU

A

Values of the union:
respect for human dignity,
freedom,
democracy,
equality,
the rule of law,
respect for human rights, including the rights of persons belonging to minorities

… Society in which pluralism, non-discrimination, tolerance, justice, solidarity, equality between women and men prevail…

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6
Q

Art. 3 TEU

A

Aims of the Union:

1) peace, values, wellbeing of people
2) area of freedom, security and justice + free movement within EU
3) internal market
4) economic and monetary union + euro
5) values in foreign policy: peace, security, sustainable development, respect, fair trade, eradication of poverty , human rights, international lawa and UN charter

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7
Q

Art. 7 TEU

A

MS can be penalized:
- third of MS, EP, or EC make proposal that one MS breaches values or principles
- COUNCIL 4/5), with consent EP, determine RISK of breach
existence of serious and persistent breach of values of principles of the union
- EUCO (unanimity) , on proposal by 1/3 MS or EC, consent EP, determines existence of serious & persistent breach (Art. 2 values)
- Council (Qualified majority) an suspend certain rights by QM (including voting rights in council
-

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8
Q

Article 18 TFEU

A

prohibition of any discrimination on grounds of nationality

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9
Q

Article 10 TFEU

A

prevents people being treated differently on the grounds of gender, race, ethnic origin, religion or beliefs, disability, age or sexual orientation

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10
Q

Article 34 TFEU

A

freedom of goods

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11
Q

Article 45 TFEU

A

freedom of movement of persons

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12
Q

Article 49 TFEU

A

the right of establishment

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13
Q

Article 57 TFEU

A

freedom to provide services

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14
Q

Article 101 et seq. TFEU

A

freedom of competition

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15
Q

Article 157 TFEU

A

equal pay for men and women

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16
Q

Article 6 TEU

A

recognition of rights, freedoms and principles set out in the Charter of Fundamental Rights -> becomes legally binding

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17
Q

Article 2 (TFEU)

A

the principle of specific conferment of powers:
the EU and its institutions do not have the power to decide on their legal basis and competencies

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18
Q

Article 13 (TEU)

A

The Union’s institutions shall be:
— the European Parliament,
— the European Council,
— the Council,
— the European Commission (hereinafter referred to as the ‘Commission’),
— the Court of Justice of the European Union,
— the European Central Bank,
— the Court of Auditors.

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19
Q

Art. 10, TEU

A

functioning of Union founded on representative democracy

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20
Q

Articles 38 to 43 EEC Treaty

A

Common
agricultural policy

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21
Q

Articles 74 and 75 EEC Treaty

A

Transport policy

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22
Q

Articles 110 to 113 EEC Treaty

A

Common commercial
policy

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23
Q

Article 8 of the Treaty establishing the European
Economic Community (EEC)

A

provided for the completion of
a common market over a transitional period of
12 years, in three stages, ending on 31 December
1969.

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24
Q

Article 290 & 291 TFEU

A

Delegated (290) & Implementing Acts (291)

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25
Article 48 TEU
Revision of Treaties (ordinary revision procedure, simplified revision procedure)
26
Article 47 TEU
Legal personality of EU
27
Right to initiative
Article 225 TFEU - Parliament Article 241 TEFU - Council Article 17(2) TEU - COM
28
Simplified Treaty Revision Procedure
Article 48 (6,7) Can be used for revisions of all or part of the provisions in part III of the TFEU (Union policies & internal actions) SIMPLIFIED PROCEDURE proposal for amendment can be submitted by - government of any member state - Commission - Parliament DIRECTLY TO THE EUROPEAN COUNCIL European Council may adopt decision amdending part or all of the provisions in part III shall act by unanimty after consulting with Parlimaent & Commision and (ECB if in monetary Area)
29
ORDINARY PROCEDURE (amending treaties)
Article 48(2-5) TEU to be used to increase or reduce competences conferred on the Commission ORDINARY PROCEDURE proposal for amendment can be submitted by - government of any member state - Commission - Parliament submitted to Council Council submits to European Council notification of national parliaments European Council consults EU Parliament & Commission adopts with simple majoirty whether it wants to examine the proposed amendments President of the European Council should convene convention composed of - reps of national parliaments - heads of states of govs of MS - EU Parliament - Commission before EU Council convenes, it needs to consult Parliament & Commission (can decide not to convene with consent of Parl) ECB shall be consulted if it concerns European Monetary Policy Convention examines the proposal for amendments Convention adopts by consensus a recommendation to a conference of representatives of national governments conference of representatives of national governments shall be convened by the president of the Council by common accord, the conference agrees on the amendmendt Then it needs to be ratified by all member states for it to enter into force
30
Union competences
Article 2 - Article 6 TFEU exclusive, shared, supporting
31
Article 16 TFEU
Right to the protection of personal data
32
Article 20 TFEU
European Citizenship
33
Title III TFEU
Article 26 - Article 197 Union policies & internal actions
34
Article 21 TFEU
Freedom of movement
35
Article 26 TFEU
Part III - Union policies and internal actions Title 1 - Internal market Article 26 - Internal market
36
Article 288 TFEU
Lists the legal acts of the Union They are regulations, directives, decisions, recommendations and opinions.
37
Article 5(1) TEU
Principle of conferral - EU can only exercise those powers which have been conferred on it
38
Competences
Article 2 - TFEU (general) Article 3 - exclusive competences Article 4 - shared competences Article 6 - supporting competences
39
Article 311 TFEU
Own Resources
40
Article 352 TFEU
In the absence of the necessary powers to attain one of the objectives set out in the Treaties, the institutions may apply the provisions of Article 352 TFEU, and thus adopt the ‘appropriate measures’ flexbilty clause
41
Article 258 TFEU
infringement of EU law
42
Article 314 TFEU
Budget/ budgetary procedure
43
Article 6(3) (TEU)
refers to the fundamental rights as guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms as they result from the constitutional traditions common to the Member States and the Charter of Fundamental Rights of the European Union (4.1.2)
44
Article 216(1) TFEU Article 218 TFEU
conclusion of international agreements agreements concluded in the field of the common commercial policy and all fields whose policies fall under the ordinary legislative procedure require the consent of the European Parliament (Article 218(6)(a) TFEU)
45
Article 314 TFEU
special legislative procedure for the budget
46
TfEU Article 289 Article 294
Ordinary Legislative Procedure
47
Article 237 TFEU
Council shall meet when convened by: - its President n their own initiative - on one of its members request - by request of the Commission
48
Article 14(1) TEU
Parliament elects the President of the Commission
49
Article 18(1) TEU
European Council, acting by qualified majority, appoints the High Representative for Foreign Affairs and Security Policy
50
Article 228 TFEU
Parliament elects the European Ombudsman
51
Article 48 TEU
treaty amendment: ordinary vs simplified procedure General passerelle clause; any national parliament has a veto right
52
Article 312 TEFU
Specific passerelle clause for the MFF
53
Article 283 TFEU
ECB article Governing Council comprised of - members of Executive Board of ECB - Governors of national central banks of euro MS Executive Board : President, VP + 4 other members (all appointed by EUCO, QMV - on recommendation of Council, after consulting EP, Governing Council) Term of office: 8 years
54
No-bail-out clause
Article 125 TFEU
55
Sanctions
Article 29 TEU ? basis for restrictive measures : 215 TFEU (by QMV)
56
Article 4 TFEU
shared competence in the areas of internal market social policy (for the aspects defined in the TFEU) economic, social & territorial cohesion agriculture & fisheries (excluding the conservation of marine biological resources) environment consumer protection transport trans-European networks energy
57
Article 230 TFEU
Parliamentary questions - Commission to reply orally or in writing
58
Article 226 TFEU
Right of inquiry (set up temporary Committee of Inquiry)
59
Article 39 of the Charter of Fundamental Rights of the European Union
Right to vote & stand as a candidate
60
Article 223 TFEU
uniform procedure for election of EP yet to be fulfilled
61
Article 31(2) TEU
If a Member State intends to oppose the adoption of a decision for important reasons of national policy, the Council may decide by qualified majority to refer the matter to the European Council for a unanimous decision
62
Article 5 TFEU
Commission has competence to provide arrangements within which MS must coordinate policy this applies to the areas of economic policy employment policy social policies
63
Article 294 TFEU
Ordinary Legislative Procedure
64
Article 234 TFEU
COM collectively accountable to Parliament
65
Article 254 TFEU
General Court
66
Article 5 TEU
principles of conferral, subsidiarity and proportionality
67
Article 4 TEU
member states' sovereignty and obligations
68
Article 8 TEU
establishing close relations with neighbouring states
69
Titles of the TEU
Title I common provisions (art. 1-8) Title II: Provisions on democratic principles (art. 9-12) Title III: Provisions on the institutions (art. 13-19) Title IV: Provisions on enhanced cooperation (art.20) Title V: General provisions on the Union's external action (art. 21-46) Title VI: Final provisions (art. 47-55)
70
Title III TEU
Institutions : 13: establishment of institutions 14: EP 15: European council 16: Council 17: commission 18: HR 19: CoJ
71
Article 42(7)TEU
MS can call others for military assistance. Used by FR in 2015
72
Article 130 TFEU
Independence of the ECB
73
ECB decision making bodies
Governing Council = 6 members of the Executive Board of the ECB + 20 Governors of the NCBs of euro-area Member States Executive Board = 6 members in total: - President - Christine Lagarde - Vice-President : Luis de Guindos - four other members: 1. Piero Cipollone, 2. Frank Elderson, 3. Philip R. Lane, 4. Isabel Schnabel General Council: - President + VP - governor's NCBs of all EU MS (euro, non-euro) (Other members of executive board, president eu council, one member European commission may attend but cannot vote)
74
Governing Council of the ECB
= the ECB's highest decision-making body; Usually meets 2x/month (decisions on consensual basis) Tasks: - adopts the guidelines; decisions to ensure performance of tasks - conducts monetary policy, sets interest rates - adopts the Rules of Procedure of the ECB - advisory functions, decides on representation of ESCB In international cooperation - can delegate certain powers to the Executive Board Since accession of Lithuania in 2015 NCB Governors take turns holding voting rights ranking countries into groups (size economies, financial sectors) -1st to 5th (de, fr, it, es, nl): 4 voting rights - all others share 11 voting rights. - governors take turns using their voting rights on a monthly rotation - permanent voting rights for members of executive board
75
ECB Executive Board
appointed by the European Council by QMV on recommendation from Council, after EP & Governing Council consultation - eight years term, non-renewable (Article 283(2) TFEU and Articles 11.1 and 11.2 of the ECB Statute) responsible for the current business of the ECB (Article 11.6 of the ECB Statute). implements monetary policy in accordance with guidelines and decisions laid down by Governing Council. gives the necessary instructions to national central banks. - prepares Governing Council’s meetings.
76
ECB General Council
The General Council is the third decision-making body of the ECB (Article 141 TFEU; Article 44 of the ECB Statute), but only as long as there are EU Member States which have not yet adopted the euro. consists of: President Vice-President Governors of the NCBs of all the EU Member States; other Executive Board members may participate (but without voting rights) in meetings of the General Council (Article 44.2 of the ECB Statute)
77
Primary objective of ESCB
- maintain price stability (Art. 127(1) TFEU) - supports general economic policies of the Union - define and implement the EU monetary policy - conduct foreign exchange operations (Art. 219 TFEU) - hold, manage official foreign reserves of MS - promote the smooth operation of payment systems.
78
Article 11 TEU Article 24 TFEU
European Citizen Initiative
79
Article 50(2) TEU
MS to notify EUCO of withdrawal intention. EUCO provides guidelines for negotiation Withdrawal agreement concluded by the Council after obtaining the consent of Parliament, and acting by a special qualified majority defined as 72% of the members of the Council representing the participating Member States (i.e. excluding the state concerned), comprising at least 65% of the population of these Member States.
80
Article 50(2) TEU
MS to notify EUCO of withdrawal intention. EUCO provides guidelines for negotiation Withdrawal agreement concluded by the Council after obtaining the consent of Parliament, and acting by a special qualified majority defined as 72% of the members of the Council representing the participating Member States (i.e. excluding the state concerned), comprising at least 65% of the population of these Member States.

Internal Concour Prompts (33 decks)

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