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Internal Concour Prompts > Articles of EU Treaties > Flashcards

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
Q

Article 48 TEU

A

Revision of Treaties (ordinary revision procedure, simplified revision procedure)

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26
Q

Article 47 TEU

A

Legal personality of EU

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27
Q

Right to initiative

A

Article 225 TFEU - Parliament
Article 241 TEFU - Council
Article 17(2) TEU - COM

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28
Q

Simplified Treaty Revision Procedure

A

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)

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29
Q

ORDINARY PROCEDURE (amending treaties)

A

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

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30
Q

Union competences

A

Article 2 - Article 6 TFEU

exclusive, shared, supporting

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31
Q

Article 16 TFEU

A

Right to the protection of personal data

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32
Q

Article 20 TFEU

A

European Citizenship

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33
Q

Title III TFEU

A

Article 26 - Article 197
Union policies & internal actions

34
Q

Article 21 TFEU

A

Freedom of movement

35
Q

Article 26 TFEU

A

Part III - Union policies and internal actions
Title 1 - Internal market

Article 26 - Internal market

36
Q

Article 288 TFEU

A

Lists the legal acts of the Union

They are regulations, directives, decisions,
recommendations and opinions.

37
Q

Article 5(1) TEU

A

Principle of conferral - EU can only exercise those powers which have been conferred on it

38
Q

Competences

A

Article 2 - TFEU (general)

Article 3 - exclusive competences

Article 4 - shared competences

Article 6 - supporting competences

39
Q

Article 311 TFEU

A

Own Resources

40
Q

Article 352 TFEU

A

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
Q

Article 258 TFEU

A

infringement of EU law

42
Q

Article 314 TFEU

A

Budget/ budgetary procedure

43
Q

Article 6(3) (TEU)

A

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
Q

Article 216(1) TFEU

Article 218 TFEU

A

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
Q

Article 314 TFEU

A

special legislative procedure for the budget

46
Q

TfEU
Article 289
Article 294

A

Ordinary Legislative Procedure

47
Q

Article 237 TFEU

A

Council shall meet when convened by:

  • its President n their own initiative
  • on one of its members request
  • by request of the Commission
48
Q

Article 14(1) TEU

A

Parliament elects the President of the
Commission

49
Q

Article 18(1) TEU

A

European Council, acting by qualified majority, appoints the High
Representative for Foreign Affairs and Security Policy

50
Q

Article 228 TFEU

A

Parliament elects the European
Ombudsman

51
Q

Article 48 TEU

A

treaty amendment: ordinary vs simplified procedure

General passerelle clause; any national parliament has a veto right

52
Q

Article 312 TEFU

A

Specific passerelle clause for the MFF

53
Q

Article 283 TFEU

A

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
Q

No-bail-out clause

A

Article 125 TFEU

55
Q

Sanctions

A

Article 29 TEU ?
basis for restrictive measures : 215 TFEU (by QMV)

56
Q

Article 4 TFEU

A

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
Q

Article 230 TFEU

A

Parliamentary questions - Commission to reply orally or in writing

58
Q

Article 226 TFEU

A

Right of inquiry (set up temporary Committee of Inquiry)

59
Q

Article 39 of the Charter of Fundamental
Rights of the European Union

A

Right to vote & stand as a candidate

60
Q

Article 223 TFEU

A

uniform procedure for election of EP

yet to be fulfilled

61
Q

Article 31(2) TEU

A

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
Q

Article 5 TFEU

A

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
Q

Article 294 TFEU

A

Ordinary Legislative Procedure

64
Q

Article 234 TFEU

A

COM collectively accountable to Parliament

65
Q

Article 254 TFEU

A

General Court

66
Q

Article 5 TEU

A

principles of conferral, subsidiarity and proportionality

67
Q

Article 4 TEU

A

member states’ sovereignty and obligations

68
Q

Article 8 TEU

A

establishing close relations with neighbouring states

69
Q

Titles of the TEU

A

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 co-operation (art.20)

Title V: General provisions on the Union’s external action (art. 21-46)

Title VI: Final provisions (art. 47-55)

70
Q

Title III TEU

A

Institutions :
13: establishment of institutions
14: EP
15: European council
16: Council
17: commission
18: HR
19: CoJ

71
Q

Article 42(7)TEU

A

MS can call others for military assistance.
Used by FR in 2015

72
Q

Article 130 TFEU

A

Independence of the ECB

73
Q

ECB decision making bodies

A

Governing Council = 6 members of the Executive Board of the ECB and 20
Governors of the NCBs of euro-area Member States

Executive Board = President, the
Vice-President and four other members

General Council

74
Q

Governing Council of the ECB

A

Tasks:
- adopts the guidelines and takes the decisions necessary to ensure the performance of the tasks.
- formulates the monetary policy and establishes the necessary guidelines for its
implementation
- The Governing Council adopts the Rules of Procedure of the ECB
- exercises advisory
functions and decides how the ESCB is to be
represented in the field of international cooperation
- The Governing
Council might also delegate certain powers to the Executive Board

Operations:
Governing Council usually meets twice a
month.

Since accession of Lithuania in 2015
NCB Governors take turns holding voting rights
on the Governing Council

Governors from the
countries ranked first to fifth (according to the size
of their economies and their financial sectors) share
four voting rights. All the others (currently 14) share
11 voting rights.

The governors take turns using their voting rights on a monthly rotation
ECB executive board members hold permanent voting rights

75
Q

ECB Executive Board

A

appointed by the European Council by qualified
majority on a recommendation from the Council
after it has consulted the European Parliament and
the Governing Council

members’ term of office
is eight years and is not 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 the guidelines and decisions laid down by
the Governing Council.

gives the necessary
instructions to national central banks. The Executive
Board prepares the Governing Council’s meetings.

76
Q

ECB General Council

A

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
Q

Primary objective of ESCB

A

maintain price stability (According to Article 127(1) TFEU)

Without prejudice to this, the ESCB also supports
the general economic policies of the Union

tasks:
defining and implementing the monetary policy of
the Union;

conducting foreign exchange operations
consistent with the provisions of Article 219 TFEU;

holding and managing the official foreign reserves
of the Member States;

promoting the smooth
operation of payment systems.

78
Q

Article 11 TEU
Article 24 TFEU

A

European Citizen Initiative

79
Q

Article 50(2) TEU

A

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
Q

Article 50(2) TEU

A

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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