basics, history and sources Flashcards
mixed agreements
A mixed agreement is a type of international agreement to which the EU is party, but it also includes areas of MS competence , so the MS must ratify the perspective parts according to national requirements, and thus they only enter into force in EU law upon ratification by both the EU and all MS, although aspects falling into EU competences may e provisionally applied upon ratification by the EU.
direct applicability
No MS act of transposition or consent is required for an EU law to enter into force, and there is no possibiliy for MS for right of refusal or veto or amend or retract from a binding act.
primacy
A conflict resolution rule for the situations where EU law and national law both apply to the same set of facts and thereby stipulate contradictory rules or outcomes, it causes a disapplication of national law but no derogation, and it is valid against any kind of national law, including constitutional law. (Costa, Simmenthal)
direct effect
Van Gend and Loos:
EU provision becomes the immediate source of law for the national court or administrator. No further implementing act is necessary for its application within the national legal order. Not only when they are expressly granted by the Treaty but in every case wherever a clear, precise and unconditional obligations are laid down (justiciability).
General conditions:
- Individual right or obligation
- Sufficiently clear and precise wording
- Without restriction or further conditions barring its immediate enforcement
internal market
The internal market of the European Union was established with the Single European Act (1986) and the initial target date for completion set for 1993, however it is not and likely never be fully completed in practice.
three-pillar system
- European Communities (EC) – focused on economic integration (e.g., the EEC, EURATOM, and the ECSC).
- Common Foreign and Security Policy (CFSP)
- Justice and Home Affairs (JHA)
The model sought to show the division of competences and decision-making within the EU. The first pillar was based on supranational decision-making, while the second and third pillars were more intergovernmental, requiring consensus among member states. This model was eventually replaced by the Lisbon Treaty (2009), which streamlined the EU’s structure into a single legal entity, removing the pillar system.
Copenhagen criteria
The Copenhagen Criteria were established by the European Council in 1993 to set the conditions for countries wishing to join through the Eastern Enlargement.
- Political criteria: Stable institutions guaranteeing democracy, the rule of law, human rights, and respect for minorities.
- Economic criteria: A functioning market economy and the ability to cope with competitive pressures within the EU.
- Acquis communautaire: The ability to take on the obligations of EU membership, including adherence to EU laws and policies.
Convention method
The Convention method is a process for drafting EU treaties that involves representatives from national parliaments, the European Parliament, the European Commission, and heads of state to ensure broad participation and democratic legitimacy. It aims to foster consensus on treaty reforms. Key documents drafted using this method include the Treaty establishing a Constitution for Europe (2004) and the Lisbon Treaty (2007).
Spinelli-draft
The Spinelli Draft (1984) was a proposal to transform the European Economic Community (EEC) into a political union with stronger supranational institutions. It was very ambitious in both political and institutional terms and envisaged among other things, orginising the legislative branch to a bicameral system common to states with federeal constitution.
Maastricht Treaty 1992
- the establishment of the European Union (EU),
- introduced a three-pillar structure
- creation of the Economic and Monetary Union (EMU)
- the introduction of the euro
- strengthened position of EP and Union method: co-decision with genuine veto (now ordinary procedure)
Amsterdam Treaty 1997
- extending qualified majority voting in the Council
- introducing the concept of “enhanced cooperation,”
Nice Treaty
prepare for the enlargement of the Union:
- adjusting the composition of the European Commission
- increasing the number of votes in the Council to reflect the enlarged membership.
Lisbon Treaty 2009
- dissolved three-pillar structure and single legal personality of the EU
- extended ordinary legislative procedure
- new double majority system
- vertical distribution of competencies was codified
- CFR entered into force as primary law
delegated acts
are non-legislative acts adopted by the European Commission, based on a delegation of power from the European Parliament or the Council, to supplement or amend specific elements of EU legislation without changing its core principles. It makes quick adaptations of legislations possible in areas of dynamic scientific, technological and economic development.
implementing acts
are tertiary legal acts adopted by the European Commission (or, in some cases, the Council) to ensure the uniform application of EU law by Member States, typically by setting detailed rules or procedures for enforcing EU legislation.
comitology procedure
the process by which the European Commission, when exercising delegated powers, consults committees composed of representatives from Member States to ensure that implementing or delegated acts are adopted in a manner that reflects Member State interests and ensures uniform application of EU law.
— examination procedure: Commission proposal must be supported by majority, in case of rejection it is refer to appeals committee, whose opinion is binding.
— consultation procedure: simply majority, Commission only has to take into account but not binding.
theory of integration-proof core of national constitutions
Certain key principles of the national constitutions remain outside the scope of EU law.
vertical competences
the distribution of powers between the EU and its Member States, determining which level of government (EU or national) is responsible for specific areas of policy.
horizontal competences
the division of powers between the EU’s main institutions—such as the European Commission, the European Parliament, and the Council of the European Union—in specific policy areas, ensuring that each institution has distinct roles and responsibilities in the decision-making process.
supranationality
Supranationality refers to the delegation of certain sovereign powers from EU member states to EU institutions, enabling those institutions to make decisions that are binding on all member states and directly applicable to their legal systems. Key features are: primacy, direct effect, independent institutions, majority voting rather than unanimity.
Union method
The EU method, often called the “Community method,” describes the specific system of decision-making and governance in the EU, which blends supranational and intergovernmental elements. Specifically on the latter: While supranational aspects are present (e.g., QMV), the Council represents intergovernmentalism, ensuring member state input.
