essay questions

Question 1

The eu judicial system is based on cooperation rather than contestation

Answer 1

COOPERATION
1. Article 267 tfeu. A key procedure is the preliminary reference procedure. National courts can seek guidance on interpretation and application of EU law. promotes cooperation between member states
2. Article 4. teu- sincere cooperation between member states. It requires them to in mutual respect assist each other.

CONTESTATION
1. Within judiciary system, Parliament and council both have a shared legislative role. In practice, they both advocate for different things. parliament advocates for citizens whilst the council represents national interests. which can lead to conflicts.

Question 1

union citizenship does not remove divisions between europeans, it reorganises them.

Answer 1

1. Eu citizenship was introduced by the TEU in 1992. it complements national citizenship. gives you lots of rights

Reorganises
1. national identity. It doesn’t eliminate different divisions, as people still strongly identify with their national identity.
2. economic divisions- whilst it allows for free movement of labour and capital and goods. Creates disparities between economically prosperous and those facing economic challenges
3. National interests are still heavily important and this is why many issues aspire between National’s and EU laws.

Removal of Divisions and promoting unity
1. peace and stability - founding object was to unite. principle of sincere cooperation unites national states
2. Eu law prevails over national- something represents all of them. costa v Enel
3. free movement of goods and travel!!
Eu citizenship enhances cooperation on transnational issues such as climate change
4. citizenship by investment - allow people to obtaincitizenship in exchange for economic investment. it improvs quality of life and allows access to other things. However, it also has a significant imapct on the other country ie. population, job competition and housing

Question 2

The institutions of the European Union do not (yet) have to conform to the liberal democratic standards that prevail in (most) Member States. After all, the Union is not (yet) a state.

Answer 2

Main ideas of a liberal democracy are independent judiciary

Question 3

“Regardless of all the Treaty reforms, areas of Member States’ competence can be deeply integrated at European level.” (Sacha Garben, 2019)

Question 4

“At once a picture emerges of how Union Citizenship creates a new legal class of Europeans.” (Gareth Davies, 2019)

Question 5

“The two most primordial norms of democracy, the principle of accountability and the principle of representation are compromised in the very structure and process of the Union.” (Joseph Weiler, 2014).

Question 6

“The two most primordial norms of democracy, the principle of accountability and the principle of representation are compromised in the very structure and process of the Union.” (Joseph Weiler, 2014).

Question 7

Does a legal interpretation of 17(7) support the ‘Spitzenkandidaten’ system set up by the European Parliament? Does this mean that the European Parliament ‘lost the game’ against the Council this time around?

Question 8

What do you make of the argument presented by Hennesey that the parliament’s loss might actually be a good thing for the future?

Question 9

how did the court decide in menthol cigarettes and tobacco advertising case

Question 10

Is the union a federal state or an international organisation

Answer 10

federation is group of states with central governance but independent in internal affairs.

International organisation is a union of nations connected with a common goal and universal membership

EU is a federation
1. supranational institutions including European Commission, parliament and CJEU. They possess decision making powers that can affect member states sovereignty indicating level of federalism
2. shared sovereignty - MS and Eu have competency to cooperate on areas like trade.
3. economic integration - internal market and customs union entail a high degree of integration in economic affairs. including common trade policy, free movement of goods.

EU is a international organisation
1. sovereign member states - EU consists of nation -states that retain control over core aspects of sovereignty like foreign policy.
2. intergovernmental decision making - key decisions like taxation and foreign policy are made through intergovernmental consensus among member states highlighting importance of national governments in decision making. Competences.
3. lack of central state- Eu doesn’t have its own military, foreign policy or taxation authority. this authority is delegated to MS
4. limited fiscal union - MS retain control over budgets and taxation