EU

Question 1

Which are the three main desision-making institutions in the EU?

Answer 1

1. European Parliament (represents the EU’s citizens and is directly elected by them)
2. Counsel of the European Union ( represents the individual MS)
3. European Commission (seeks to uphold the interests of the Union as a whole)

Question 2

What is the Treaty of Lisbon?

Answer 2

It replaced all previous excising treaties with a single treaty, setting out clearly what the Union is, how it makes decisions and who is responsible for what . It provided the EU with with its own legal personality and with the legal framework and tools necessary to meet future challenges and to respond to citizens’ demands.

The Treaty introduced:

1. move from unanimity to double majority voting in the Council of Ministers.
2. greater legislative powers
3. Charter of Fundamental rights legally binding (however it does not fully apply to UK, due to opt-out)

Question 3

What is the treaty of Rome?

Answer 3

Lay down

Question 4

Which EU institution creates laws?

Answer 4

It is the European Commission that proposes new laws, however it is the Parliament and Counsel that enact them. T

Question 5

Which areas do the EU have exclusive charge?

Answer 5

1. Competition rules
2. The Euro
3. Common commercial policy

Question 6

In which areas does the MS have primary responsibility?

Answer 6

1. Health
2. Education
3. Industry

Question 7

In which areas do the MS and EU share competence?

Answer 7

1. Internal market
2. Agriculture
3. Transport and energy

Question 8

What is the principle of “subsidiarity”?

Answer 8

It was introduced by the Treaty of Lisbon and state that EU’s decision must be taken as closely to the citizens as possible. Apart from those areas which fall under its exclusive competence, the EU does not take action, unless this would be more effective than action take at national, regional or local level. This principle is complemented by the “proportionality” principle, whereby the EU must limit its actions to that which is necessary to achieve the objectives set out in the Treaty of Lisbon.

Question 9

What is the European Parliament?

Answer 9

Elected by EU citizens to represent their interests. Elections are held every five year and each EU citizen is entitles to vote, and to stand as a candidate, wherever they live in the EU. The Parliament has 751 members from 28 member states. The Parliament has three main roles:

1. Passing European laws (jointly with the Council in may policy areas) The sharing of powers between the Parliament and the Council is known as co-decision
2. Democratic supervision other other EU institutions and in particular the Commission
3. The power of purse - Parliament shares with the Council authority over the EU budget and can therefore influence EU spending. They approve the budget.

The Parliament usually vote with single majority, except:

1. Second vote in co-decisions
2. Budget votes
3. Approval of international treaties (and some other decisions outside the scope of co-decision

Then its made with absolute majority.

Question 10

What is the European Council?

Answer 10

It is made up of the most senior elected political representatives of the member states - prime ministers and presidents. It is a separate institution in its own right. The Council reaches its decision by consensus, unanimously or by qualifying majority.

Question 11

What is the Council of the European Union?

Answer 11

Also referred to as the “Council of Ministers. It is made of of 28 government ministers representing each of the Member States. It is a key decision-making body that co-ordinates the EU’s economic policies and plays a central role in foreign and security policy.

Share law-making and budgetary powers with the European Parliament. As a general rule, decisions are taken by qualified majority vote.

Six key responsibilities:

1. Pass EU laws (with the Parliament)
2. Co-ordinate the broad economic policies of the MS
3. Conclude international agreements between EU and other countries and organisations
4. Jointly with the Parliament, approve the EU budget
5. Develop the EU’s common foreign and security policy, based on guidelines of the European Council
6. Co-ordinate co-operation between the national courts and police forces in criminal matters

Question 12

What are the systems for “qualifying vote”

Answer 12

Two parallel systems:

Where an act is adopted on a proposal form the Commission or the High Representative for Foreign Affairs and Security Policy, the following requirements apply:

(a) 55% of the members must vote in favor (16-18) and,
(b) these members must represent 65% of the EU population.

In other votes requiring qualifying majority, the following requirements apply:

(a) 72% of the members must vote in favor (21-28) and,
(b) these members must represent at least 65% of the EU population.

Question 13

Which areas require unanimous approval?

Answer 13

1. Foreign policy
2. Defense,
3. judicial and police cooperation
4. Taxation

Question 14

What is the community domain?

Answer 14

Areas of action where the MS have decided to pool their sovereignty and delegate derision-making powers to the EU institutions. This domain is the “first pillar” of the European Union.

Question 15

Describe the “High representative of the Union for Foreign and Security Policy/Vice president of the Commission

Answer 15

This is designed to help the EU to be able to better defend its interests and values on the international stage and express itself as one voice

Question 16

What is the European Commission?

Answer 16

It is the executive body of the EU. It is intended to represent, independently, the interests of the EU as a whole. It is accountable to the European Parliament. It is the only institution with the general power to initiate proposals for legislation.

Have four main roles:

1. Propose legislation to Parliament and the Council
2. Manage and implement EU policies and the budget.
3. Enforce European law (jointly with the Court of Justice)
4. Represent EU on the international stage e.g by negotiation agreements between the EU and other countries.

Members are called “Commissioners”/ Have all held political positions in their MS, but now the act in the best interest of the Union.

Question 17

What is the Court of Justice of the European Union?

Answer 17

CJEU - based in Luxembourg. Consists of two courts:

1. European Court of Justice
2. General Court (Court if First Instance)

Question 18

What is the Court of Justice?

Answer 18

Part of (CJEU). Composed by one judge per MS (two judges per MS sine September 2019). Usually sit as “grand Chamber” of just 15 judges or in chambers of five or three judges. Assisted by 11 “advokates-general. Their role is to present reasoned opinions on the cases brought before the court.

Question 19

What is the Court of first instance (General Court)?

Answer 19

Help the Court of Justice to cope with large number of cases. Initially responsible for giving ruling on certain cases, such as brought by private individuals, companies and certain organisations. Now it is also responsible for judicial review, actions for failure to act and actions for damages against the EU. May appeal to Court of Justice on point of law only.

Question 20

What is the primary law of the EU?

Answer 20

Treaties. Sets out the distribution of competences between the Union and the MS.

Question 21

What is secondary legislation in the EU?

Answer 21

1. Regulations
2. Directives.
3. Decisions (binding on the addressed)
4. Recommendations and opinions ( not binding. Exception for diseases)

Question 22

Describe the Van Gend en Loose case.

Answer 22

The Court of Justice held that, in order that a provision would be regarded as having “Direct Effect” so as to enable a citizen to endorse a right granted by the European Community legislation against the state, the provision must

1. be sufficiently clear and previously stated
2. be unconditionally or non-dependent and
3. confer a specific right for the citizen to base his claim.

Question 23

Describe the Costa V ENEL case.

Answer 23

Sets out the principle of Supremacy of EU law.

Question 24

What does “directly applicable” mean?

Answer 24

It means that Treaties and Regulations directly come into force and does not require implementation by the MS.

Question 25

What is horizontal direct effect?

Answer 25

Concerns the relationship between individuals and companies. Certain provisions of the Treaties and legislate Acts such as regulations are capable of being directly enforced horizontally.

Question 26

What is veritcal direct effect?

Answer 26

Concerns the relationship between individual and MS. Directives only have vertical direct effect. Note that a Directive can only become direcly effective after the date for implementation has elapsed. Additionally, the directive have to be: clear, precises and unconditional.

Question 27

What is indirect effect?

Answer 27

In case where Directive does not have direct effect, courts should interpret national legislation in light of the directive.

Question 28

Explain direct effect of procedural law.

Answer 28

The Court of Justice has established that procedural rules of each MS apply to cases concerning EU law provided:

1. “Equivalence” - same procedures for EU cases as other cases.
2. “effectiveness” - procedure cannot render the law functionally ineffective. e.g. practically impossible or excessively difficult to exercise rights conferred by EU law.

Question 29

What is a preliminary ruling and are the courts obliged to use it?

Answer 29

National courts send question to Court of Justice. Where there is still an appeal available, the national court may conciser preliminary ruling. Where there is no judicial remedy under national law or no further rights of appeal, then the national court must bring the matter before the Court of Justice. All preliminary rulings are binding on all MS.

Question 30

Explain “Acte clair”

Answer 30

The correct application of EU is so obvious as to leave no scope for any reasonable doubt as to the manner in which the question raised is to be resolved, it will not be necessary to make a reference to the Court of Justice in form of a Preliminary Ruling.

Question 31

Does Decisions and recommendations have direct effect?

Answer 31

Decisions have vertical direct effect on the addressee. Recommendations do not have direct effect.

Question 32

What is the meaning of “charges having equivalent effect” in regards to free movement of goods?

Answer 32

a charge is a customs duty and it should not effect goods from EU MS differently.

Question 33

what is the “mutual recognition principle?

Answer 33

The principle holds that, in any non-harmonized sector (like pharmaceuticals, chemicals etc) every MS must accept on its territory goods legally marketed in another MS. The application of the principle may only be challenged in cases where, for example, public safety, health or the protection of the environment are at stake.

Measures to protect a matter of public interest mu st then be shown to be necessary and proportionate.

Question 34

Describe “measures Equivalent to Quantitative Restrictions”

Answer 34

Much broader than just quantitative restrictions (such as import quota). It related to any measures which might (even indirectly) affect trade. Imported goods must be put at a disadvantage compared to local products.

Question 35

Describe the important principle from “cassis de Dijon”

Answer 35

Don’t just look at whether a measure is discriminatory. You need to look at the effect and even measures that apply equally to nationals and importers, can in practice be more burdensome to importers.

Certain measures will not breach article 34 of the TFEU if they are necessary to satisfy “mandatory requirements”(now often refereed to as matters of overriding public interested) has come to be known as the “rule of reason” It must also be proportionate.

Question 36

What is the “Strawberry” Regulation?

Answer 36

Special [procedure to cope with serious obstacles to the free movement of goods among MS, which cause heavy loss to the individual affected and require immediate action. Provides an alert procedure.

Question 37

What are the tree exeptions to competition rules?

Answer 37

1. Customer benefit e.g. technological advances or economic progress, Need to apply for this.
2. de minimis rule - agreements of minor importance is excluded. (competitors- combined market share of less than 10% and if supplier and retailer - 15%)
3. Block exemptions - list of contracts that are ok.

Question 38

Which EU body oversees Competition law?

Answer 38

The commission