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CIPP-E > Chapter 2 (European Union Institutions) > Flashcards

Chapter 2 (European Union Institutions) Flashcards

1
Q

What 2 treaties did the Treaty of Lisbon amend?

A
  1. The Treaty on European Union (EU Treaty)
  2. Treaty Establishing the European Community (renamed Treaty on the Functioning of the European Union, or TFEU)
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2
Q

What are the 7 EU institutions listed in the EU Treaty?

A
  1. The European Parliament
  2. The European Council
  3. The European Commission (the Commission)
  4. The Council
  5. The Court of Justice of the European Union
  6. The European Central Bank
  7. The Court of Auditors
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3
Q

Under the Treaty of Lisbon what 2 institutions were granted institutional status, i.e. the ability to make binding decisions?

A
  1. The European Council
  2. The European Central Bank
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4
Q

What does the Charter of Fundamental Rights aim to do?

A

Consolidate fundamental rights in EU law, compiling all the civil, political, economic, and social rights of European citizens and EU residents into one text.

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5
Q

Strictly speaking, the Charter of Fundamental Rights’ provisions are binding upon member states when?

A

Only when they are implementing Union law rather than at all times.

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6
Q

What two countries tried to opt-out of the Charter of Fundamental Rights? Was the opt-out effective?

A
  1. UK
  2. Poland

No, held invalid by the Court of Justice for the European Union (CJEU). This changed for the UK after Brexit.

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7
Q

What are the responsibilities for the European Parliament, as outlined by the Lisbon Treaty?

A
  1. Exercise legislative and budgetary functions (with the Council)
  2. Exercise functions of political control and consultation as laid down in the Treaties
  3. Elect the president of the Commission
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8
Q

What is the only institution whose members are directly elected by EU citizens?

A

The European Parliament

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9
Q

What are the 4 responsibilities of the European Parliment?

A
  1. Legislative development
  2. Supervisory oversight of other institutions
  3. Democratic representation
  4. Development of budget
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10
Q

The European Parliment shares its legislative power with which other institution?

A

The Council.

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11
Q

What are the 3 legislative procedures that apply to the European Parliament?

A
  1. The ordinary procedure
  2. The consultation procedure
  3. The consent procedure
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12
Q

What is the ordinary procedure?

A

Both Parliament and the Council must assent to the legislation. It can’t be adopted if opposed by either institution.

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13
Q

What is the consultation procedure?

A

The Council must consult Parliament, however, the Council is not bound by Parliament’s opinion, as under this procedure the Council alone has legislative power.

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14
Q

What is the consent procedure?

A

For particularly important decisions Parliament’s consent is required.

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15
Q

Can Parliament propose new legislation of its own accord?

A

No, but it may take the initiative and call upon the Commission to submit a legislative proposal to the Counsel of the EU.

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16
Q

Does the European Parliament exercise democratic and political control over other EU institutions?

A

Yes.

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17
Q

What powers does the European Parliament enjoy with respect to the Commission?

A
  1. Power to censure Commission
  2. Ability to force the entire College of Commissioners to resign
  3. Requires Commission to submit regular report to ensure democratic oversight of the Commission’s activities
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18
Q

The European Parliament and the Council share the authority to determine what?

A

The EU budget.

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19
Q

At this time, how many standing members of the European Parliament (MEP) are there?

A

705 MEPs

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20
Q

MEPs are drawn from where?

A

All 27 EU countries.

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21
Q

Following the Lisbon Treaty member states are limited to how many MEPs?

A

Limited to 96 MEPs.

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22
Q

When are elections for MEPs held, who can stand as a candidate, and who can vote in the elections?

A

Elections are held every 5 years. Every EU adult citizen is entitled to vote and stand as a candidate.

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23
Q

Do elected MEPs sit in European-wide political groups or in national blocs?

A

They sit in European wide political groups.

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24
Q

What are the requirements for a European-wide political group to form (re European Parliament)?

A
  1. Must have a minimum of 25 members
  2. At least 1/4 of the member states must be represented within the group
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25
Q

The European Parliament’s work is divided into what 2 main stages?

A
  1. Preparation for the plenary session
  2. Holding the plenary session itself
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26
Q

What happens during the European Parliament’s preparation for a plenary session?

A

MEPs in various parliamentary committees are appointed to a legislative text with the responsibility of preparing a report on the text. The report is debated, amended, and submitted to Parliament in the plenary session.

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27
Q

What happens during the European Parliament’s plenary session?

A

The political groups propose any amendments before voting on the proposed legislation and prepared reports.

The position adopted by a particular group is arrived at by discussion within the group.

When the text has been revised and adopted in plenary, Parliament adopts the position.

28
Q

The Lisbon Treaty requires legislation related to protecting personal data to be adopted under what legislative procedure?

A

The ordinary procedure.

29
Q

Who is on the European Council?

A
  1. The head of each of the 27 member states
  2. The president of the Commission
30
Q

How many times a year does the European Council meet and what does it do?

A

Meets 4 times a year to define the EU’s priorities and set political direction in the EU.

31
Q

Generally, how are the European Council’s decisions made?

A

They are made by consensus.

32
Q

Under the Lisbon Treaty, the European Council is presided over by whom?

A

A president who is elected by qualified majority for a term of 2 1/2 years (renewable once).

33
Q

What are some other names for the Council of the European Union?

A
  1. Council of Ministers
  2. The Council
34
Q

What is the main decision making body of the EU?

A

The Council of the European Union, b/c it has a central role in both political and legislative decisions.

35
Q

Who attends the Council of the European Union’s meetings and what do they have the power to do?

A

One minister from each of the 27 member states. They have the power to commit their governments to Council decisions.

36
Q

What are the 10 different configurations for the Council of the European Union?

A
  1. General Affairs
  2. Foreign Affairs
  3. Economic and Financial Affairs
  4. Justice and Home Affairs
  5. Employment, Social Policy, Health, and Consumer Affairs
  6. Competitiveness
  7. Transport, Telecommunications, and Energy
  8. Agriculture and Fisheries
  9. Environment
  10. Education, Youth, Culture and Sport
37
Q

What are some of the Council of the European Unions responsibilities?

A
  1. Shares legislative power with European Parliament; legislation generally proposed by the Commission before the Council and Parliament examine it
  2. Can amend a proposal before it is adopted
  3. Responsible for concluding international agreements that have been negotiated by the Commission
38
Q

What forms can acts of the Council take?

A
  1. Regulations
  2. Directives
  3. Decisions
  4. Common actions, positions, recommendations, or opinions
  5. Adopt conclusions, declarations, or resolutions
39
Q

Who presided over the Council of the European Union?

A

A president. The presidency is held by the member states on the basis of equal rotation to be established by the European Council acting by qualified majority.

40
Q

What institution is sometimes describes as the executive body of the EU?

A

The European Commission

41
Q

What are the Commission’s responsibilities?

A
  1. Ensures the application of the Treaties and of measures adopted by the institutions pursuant to them.
  2. Oversees the application of Union law under the control of the Court of Justice of the European Union.
  3. Exercise coordinating, executive and management functions as laid down in the Treaties
  4. Have the power to initiate legislation
42
Q

How many commissioners are there?

A

27- one for each member state. They are supposed to be independent and owe no alliance to the country that nominates them.

43
Q

Which of the EU’s institutions has historically been the most active in the area of data protection?

A

The Commission.

44
Q

Which EU institution has the power to adopt adequacy findings?

A

The Commission.

45
Q

Where is the Court of Justice of the European Union (CJEU) located?

A

Luxembourg

46
Q

What is the CJEU?

A

A judicial body of the EU that makes decisions on issues of EU law and enforces European decisions either in respect of actions taken by the Commission against a member state or action taken by an individual to enforce their rights under EU law.

47
Q

What are the 2 parts of the CJEU?

A
  1. The Court of Justice (ECJ)
  2. The General Court (renamed Court of First Instance or CFI)
48
Q

How many judges sit on the ECJ, how are they appointed, and how long is their term?

A

There are 27 judges on the ECJ. They are appointed by common accord of member states’ governments for a term of 6 years.

49
Q

How many advocates general are part of the ECJ and what is their role?

A

There are 8 advocates general and their role is to assist the ECJ by giving reasoned, non binding opinions as to how the ECJ should decide a case.

50
Q

List the 6 areas that the ECJ has jurisdiction to hear.

A
  1. Cases brought by the Commission or a member state against a member state’s failure to fulfill treaty obligations.
  2. Actions brought by member states, and EU institution, or a natural legal person to review the legality of an EU institution’s actions.
  3. Actions by member states, EU institutions, or a natural or legal person against EU institutions for failure to act.
  4. Actions begun in national courts from which references are made for a preliminary ruling to the ECJ on issues of interpretation or validity of EU law
  5. Opinions on the compatibility of EU international agreements with the treaties
  6. Appeals on points of law from the CFI
51
Q

What was the ECJ’s decision on the Google Spain case re the right to be forgotten?

A

Held that where individuals object and certain circumstances are met, search engines must remove
1. The list of results displayed following the search of a person’s name
2. Links to webpages published by third parties
3. Results that contain info relating to that person

52
Q

What was the ECJ’s decision in the Digital Rights Ireland case?

A

That the Data Retention Directive was invalid. This led to invalidating the Commission’s decisions re Safe Harbor.

53
Q

What was the ECJ’s decision in the ANAF case?

A

Ruled that personal data may not be transferred between public administrative bodies of a member state without individuals being informed of the transfer.

54
Q

What was the ECJ’s ruling in the Weltimmo case?

A

It intervened to clarify how data protection law applies in cross border situations within the EU. Specifically it took the view that even minimal activities in a member state can trigger the application of that member state’s data protection law.

55
Q

What was the ECJ’s ruling in the Schrems decision issued in October 2015?

A

It invalidated the Commission’s decision that Safe Harbor was adequate as a framework to legitimize international data transfers to the U.S.

56
Q

What did the ECJ decide in the 2020 Schrems II decision?

A

It declared the Privacy Shield invalid and that standard contractual clauses were valid but subject to case by case assessments.

57
Q

Is the European Court of Human Rights (ECtHR) an EU institution?

A

No. It is part of the Council of Europe.

58
Q

What is the ECtHR?

A

An international court to oversee the ECHR, which protects the fundamental rights of people living in contracting states.

It applies the ECHR and ensures that contracting states respects the rights and guarantees set out in it.

59
Q

How does the ECtHR work?

A
  1. It examines complaints (applications) lodged by individuals or states.
  2. If it finds a violation it delivers judgment.
  3. Judgments are binding, and the countries concerned are obliged to comply with them.
60
Q

Do ECtHR judges sit in their individual capacity or do they represent a state?

A

They sit in their individual capacity and no two judges may be nationals from the same state.

61
Q

A chamber of how many judges considers each case referred to the ECtHR?

A

A chamber of 7 judges.

62
Q

Who bears the expense of the ECtHR?

A

The Council of Europe.

63
Q

The ECtHR’s jurisdiction extends to what cases?

A

All cases concerning the interpretation or application of the ECHR.

64
Q

What are the 2 means a case may be brought before the ECtHR?

A
  1. Individual applications lodged by any person, group of individuals, company, or nongovernmental org having a complaint about a violation of their right.
  2. Inter-state applications brought by one state against another.
65
Q

Does the ECtHR have the power to overrule national decisions or annual national laws?

A

No.

66
Q

What 8 rights does the ECHR protect?

A
  1. The right to life
  2. The right to a fair hearing in civil and criminal matters
  3. The right to respect for private and family life
  4. Freedom of expression
  5. Freedom of thought, conscience, and religion
  6. The right to an effective remedy
  7. The right to the peaceful enjoyment of possessions
  8. The right to vote and stand for election

CIPP-E (18 decks)

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