class 8 Flashcards
where and what is the court of justice?
highest court of the european union, situated in luxembourg
what are the two types of EU laws?
primary and secondary
what are primary laws?
a. treaties (treaty of the EU, treaty on the functioning of the EU)
b. charter of fundamental rights of the EU eg. no death penalty
what is secondary law? (4)
a. regulations binding and directly applicable
b. directives (binding and must be transposed into national law) eg. if eu passed a law on seats for children in cars, they can decide on rest
c. decisions (only binding on those addressed)
d. recommendations and opinions (only one that isn’t binding)
what are the powers of the EU? (3)
a. Exclusive competence of the EU (some decisions only EU can decide)
eg. common market and trade
b. Shared competence between the EU and member states
eg. environment
c. coordination (formal competence rests with the member states, but they accept policy coordination by EU institutions)
eg. foreign, security, and defense policy
what is the role of the court?
The court is the final interpreter of EU legal issues under the treaties (conflicts between citizens and EU, different member states EU and even between EU institutions)
what are the different types of judgement they can pronounce?
a. direct actions start with EU institutions (a. infringement proceedings b. judicial review c. action for damages)
b. making preliminary rulings (national law asking for preliminary law by Justice)
explain the organization of the court of justice
a. 27 judges (one from each member state)
b. 11 advocates generals (prepare the cases)
c. plenary sessions or chambers
what is the procedure regarding cases?
stage 1: cases are submitted to the registry
stage 2: a specific judge and advocate-general are assigned to each case
stage 3: written statements
stage 4: public oral hearing
stage 5: opinion of advocate-general
stage 6: judgement
explain the power and position
significant impact on the European integration process and the economic development
a. judicial activism
between national courts and national constitutions
Based on what we have said about the EU institutions, is the EU an intergovernmental or supranational entity?
- some institutions that are more on the supranational side and others on the intergovernmental side
- not only there is a split between institutions but also between policy areas (some are intergov foreign, security, defense policy)
- illustrated by voting procedures they have (qualified majority (supranationalism) while unanimity is intergovernmental
- hybrid nature has changed over time (amb
EU law prevails over national law so supranational. intergovernmental in the beginning and then supranational
when it comes to culture can be more intergovernmental, it depends on the field of study
what is the definition of supranational?
A supranational organization is member states that surrender power in specific areas to a higher organization. (GIVE SOVEREIGNTY TO EU)
what is the definition of intergovernmental?
Decisions and agreements reached in this type of organization however are not enforceable, and the members remain independent. The crucial aspect of an IGO is that the members do not surrender any power (or sovereignty) to it. (TAKE SOVEREIGNTY FROM EU)
