ENGLISCH

Question 1

Treaty

Answer 1

a formally concluded, ratified and binding agreement between 2 or more states

Question 2

Free movement of goods and services

Answer 2

the creation and development of an area without internal borders, where there are no unjustified restrictions to trade between EU Member States

Question 3

Free movement of persons

Answer 3

the right of individuals to travel from place to place within the territory of a country, and to leave the country and return to it

Question 4

Free movement of capitol

Answer 4

to enable efficient cross-border use of physical and financial capital for investment and financing purposes

Question 5

Free movement of labour

Answer 5

the movement of persons from one place to another for the purpose of employment within the territory of a country or across borders

Question 6

Single market

Answer 6

a unified trading territory that functions without the border regulations and tariffs which typically apply to trade between countries

Question 7

Proportionality principle

Answer 7

Laws and actions must be fair and not go beyond
what is necessary to achieve a goal.

Question 8

Competence

Answer 8

the power of the Union to undertake specific action where they are conferred upon it by the member States in the EU Treaties

Question 9

Exclusive competence

Answer 9

Areas in which the EU alone is able to legislate and adopt binding acts

Question 10

Shared competence

Answer 10

both the EU and its Member States may adopt legally binding acts in the area concerned

Question 11

Supporting competence

Answer 11

the EU can only intervene to support, coordinate or complement the action of EU countries

Question 12

External Action

Answer 12

addresses EU foreign policy priorities, including civilian and military planning and crisis response

Question 13

European Parliament

Answer 13

legislative body of th EU, 720 members directly chosen through elections → art. 14 (2) TEU & art. 223-234 + 314 TFEU
approve/reject laws & checks European Commission

Question 13

Preliminary question

Answer 13

a legal question sent by a national court to the EU Court of Justice to clarify EU law.

Question 13

Preliminary reference

Answer 13

The process that national courts can use to seek guidance from the European Court of Justice on the interpretation and meaning of European Union law

Question 13

Convention

Answer 13

an official agreement between countries on important topics, like human rights or the environment. Countries that sign it promise to follow the rules in it.

Question 14

European Council

Answer 14

the EU institution that defines the general political direction and priorities of the European Union → art. 13, 15 (2), 26, 27 & 42 TEU

Question 15

Council of the EU

Answer 15

where national ministers from each EU country meet to negotiate and adopt EU laws (adopt legislation) → art. 218, 237-243 TFEU
Make laws but can’t reject them
Government ministers of each Member State (art. 16 TEU)

Question 16

European Commission

Answer 16

The European Commission is the EU’s main executive body. It proposes legislation, upholds EU treaties and ensures Member States apply EU law and policies. The Commission manages the EU’s budget and negotiates international agreements on behalf of the EU. → art. 17 TEU & art. 234, 244-250, 290 +291 TFEU

Question 17

Court of Justice

Answer 17

interprets EU law to make sure it is applied in the same way in all EU countries, and settles legal disputes between national governments and EU institutions
→ art. 19 TEU & art. 251-181 TFEU

Question 18

General Court

Answer 18

constituent court of the Court of Justice of the European Union. It hears actions taken against the institutions of the European Union by individuals and member states, although certain matters are reserved for the European Court of Justice. Decisions of the General Court can be appealed to the Court of Justice, but only on a point of law

Question 19

Court of Auditors

Answer 19

looks after the interests of EU taxpayers. It does not have legal powers, but works to improve the European Commission’s management of the EU budget and reports on EU finances → art. 285-287, 319, 322 & 325 TFEU

Question 20

European Central Bank (ECB)

Answer 20

Manages the euro and EU money policies, Can set interest rates and control inflation. → art. 282 TFEU

Question 21

ECHR

Answer 21

an international convention to protect human rights and political freedoms in Europe

Question 22

Positive obligation

Answer 22

obligation to engage in activity to ensure the effective enjoyment of an human right

Question 23

Negative obligation

Answer 23

a duty not to act, refrain from action which can hurt an human right

Question 24

Discrimination

Answer 24

different treatment of people based on ethnicity, sex, age or disability without an objective and reasonable justification

Question 25

Direct discrimination

Answer 25

when you are treated worse than another person or other people because you have a protected characteristic

Question 26

Indirect discrimination

Answer 26

when policies, practices or procedures are put in place that appear to treat everyone equally but, in practice, are less fair to those with a certain protected characteristic

Question 27

Signature

Answer 27

intention to be bound by treaty → after signature the State can’t betray the object and purpose of the treaty (art. 18 Vienna Convention)

Question 28

Reservation

Answer 28

Unilateral declaration of a State before signing/ratifying a treaty, declaration to exclude elements of the treaty (allowed when it doesn’t affect the object and purpose) (art. 2 (d) & 19 Vienna Convention)

Question 29

Pacta sunt servanda

Answer 29

every treaty is binding upon the parties and must be performed in good faith (art. 26 Vienna Convention)

Question 30

Ratification

Answer 30

approval of agreement by the state

Question 31

Enter in force

Answer 31

after a certain number of countries ratify it OR on a specific date mentioned in the treaty OR when all signing countries agree

Question 32

Equidistance principle

Answer 32

a legal concept in maritime boundary claims that a nation's maritime boundaries should conform to a median line that is equidistant from the shores of neighboring nations

Question 33

The UN (United Nations)

Answer 33

an international organization founded to promote peace, security, and cooperation between countries. WITH AIMS: - Promoting human rights - Maintaining international peace and security

Question 34

The UN Charter

Answer 34

the document that sets out the rules, goals, and structure of the organization. It guides how the UN operates and the responsibilities of its member countries.

Question 35

General Assembly

Answer 35

the main policy-making organ of the UN. Comprising all Member States, it provides a unique forum for multilateral discussion of the full spectrum of international issues covered by the Charter of the United Nations → art. 9 UN-Charter

Question 36

Security Council

Answer 36

takes the lead in determining the existence of a threat to the peace or act of aggression. It calls upon the parties to a dispute to settle it by peaceful means and recommends methods of adjustment or terms of settlement, 15 members (5 permanent: China, France, Russia, UK, and USA) → art. 7 & 27 UN-Charter

Question 37

Economic and Social Council

Answer 37

identifying emerging challenges, promoting innovation, and achieving a balanced integration of the three pillars - economic, social and environmental- of sustainable development, The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations, 54 members

Question 38

Trusteeship Council

Answer 38

supervise the administration of trust territories as they transitioned from colonies to sovereign nations, 5 permanent members of the SC

Question 39

International Court of Justice

Answer 39

The only international court that adjudicates general disputes between nations, and gives advisory opinions on international legal issues ONLY AFTER EXHAUSTING DOMESTIC REMEDIES (A person must try all possible solutions in their own country’s courts before going to an international court.)

Question 40

Secretariat

Answer 40

the UN's executive arm. The secretariat has an important role in setting the agenda for the deliberative and decision-making bodies of the UN, and the implementation of the decision of these bodies

Question 41

The 1969 Vienna Convention on the Law of Treaties

Answer 41

an international agreement that sets rules for how treaties (agreements between countries) are made, followed, changed, and ended → in good faith, freely, treaty ended if all parties agree

Question 42

Principle of sovereign equality

Answer 42

all States are equally in their right to govern their own state → Article 2, Subsection 1 of the UN Charter

Question 43

Principle of non-intervention

Answer 43

Every State has an inalienable right to choose its political, economic, social and cultural systems, without interference in any form by another State → Article 2, Subsection 7 of the UN Charter

Question 44

Self-defense → conditions

Answer 44

Art. 51 UN Charter) It must be a response to an armed attack The use of force, and the degree of force used, must be necessary and proportionate It must be reported to the Security Council and must cease when the Security Council has taken ‘measures necessary to maintain international peace and security

Question 45

General Comments

Answer 45

Clarification/interpretation of an article/ rule made by committees (independent experts on certain subjects of law)

Question 46

Human right

Answer 46

rights inherent to all human beings by virtue that they are human regardless of any characteristic (like race, sex, etc.)

Question 47

Absolute human right

Answer 47

rights that can never be restricted in any circumstances. Because these rights are the fundament of human rights and the base of respect for human rights and freedoms