Eu Law Flashcards
Human Dignity
Human dignity is inviolable. It must be respected, protected and constitutes the real basis of fundamental rights.
Treaty of Maastricht (TEU)
Purpose: to prepare for European Monetary Union and introduce elements of a political union (citizenship, common foreign and internal affairs policy).
Main changes: establishment of the European Union and introduction of the co-decision procedure, giving Parliament more say in decision-making. New forms of cooperation between EU governments – for example on defence and justice and home affairs
Copenhagen Criteria
Membership requires that candidate country has achieved stability of institutions guaranteeing
-democracy,
-therule of law,
-human rights,
-respect for and protection ofminorities,
-a functioningmarket economyas well as the capacity to cope with competitive pressure and market forces within the Union
-Membership presupposes the candidate’s ability to take on the obligations of membership including adherence to the aims of political, economic andmonetaryunion.
European Parliament
TheEuropean Parliament(EP) is one of thelegislative bodiesof theEuropean Union - but cannot initiate
Together with theCouncil of the European Union(known as the Council and informally as the Council of Ministers), it adopts European legislation, following a proposal of theEuropean Commission.
The Parliament is composed of 705members(MEPs) elected to five year terms, have same privileges as their national parliaments
European People’s Party Group(EPP), theProgressive Alliance of Socialists and Democrats(S&D),Renew Europe, theGreens/European Free Alliance(Greens/EFA), the European Conservativesand Reformists (ECR) andIdentity and Democracy(ID).
European Council
Defines the overall political direction and priorities of theEuropean Union
It is composed of theheads of stateorgovernmentof theEU member states, thePresident of the European Council, and thePresident of the European Commission.
It also exercises powers of appointment
Although the European Council has no direct legislative power, a state outvoted in theCouncil of Ministersmay refer contentious legislation to the European Council
The European Council is the Union’s “supreme political authority”.
European Commission
The EC is theexecutiveof the (EU)
It operates as acabinet government, with 27members of the Commission(“Commissioners”) headed by a President.
It includes an administrative body of about 32,000 European civil servants.
The Commission is divided into departments known asDirectorates-General(DGs) that can be likened to ministrieseach headed by a Director-General who is responsible to a Commissioner.
There is one member permember state, but members are bound by theiroath of officeto represent the general interest of the EU as a whole rather than their home state.
The EC is essentially the “European Government“ – very powerful
Court of Justice of the EU
TheCourt of Justice of the European Unionis the authority that has to decide whether a regulation falls within the exclusive competence of the Union, as defined by theTreaty on European Unionand its predecessors.
The Court of Justice has a reserved attitude toward judging whether EU legislation is consistent with the concept. The Court will examine only marginally whether the principle is fulfilled.
A detailed explanation of the legislation is not required; it is enough that the EU institutions explain why national legislation seems inadequate and that Union law has an added value.
Subsidiarity
Social and political issues should be dealt with at the most immediate or local level that is consistent with their resolution.
Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.
Margin of Appreciation
- Legal doctrine with a wide scope ininternational human rights law
- developed by theEuropean Court of Human Rights
- judge whether a state party to theEuropean Convention on Human Rightsshould be sanctioned for limiting the enjoyment of rights
Also called margin of state discretion - The doctrine allows the court to reconcile practical differences in implementing the articles of the convention
- takes into account differences between domestic laws of the contracting parties as they relate to substance and procedure
- balances individual rights with national interests
Euro Convergence Criteria /
Maastrict Criteria
Convergence criteria (or “Maastricht criteria”) are criteria, based on economic indicators, that European Union (EU) member states must fulfil to enter the euro zone and that they must continue to respect once entered. They impose control over inflation, public debt and public deficit, exchange rate stability and the convergence of interest rates.
1. Price stability
2. Government finance
3. Exchange rate
4. Long-term interest rates
Qualified Majority / Double majority rule
- When the Council votes on a proposal by the Commission or the High Representative of the Union for Foreign Affairs and Security Policy, the proposal is adopted if a qualified majority is reached.
- A qualified majority is reached if two conditions are simultaneously met:
- 55% of member statesvote in favour - in practice this means 15 out of 27
- the proposal is supported by member states representing at least65% of the total EU population
Legal Certainty
EU law must be certain, in that it is clear and precise, and its legal implications foreseeable, especially for financial obligations.
1. Clarity
2. Legitimate expection
3. Non-retroactivity
4. Misuse of powers
Ombudsman
The European Ombudsman is an inter-institutional body of the European Union that holds the institutions, bodies and agencies of the EU to account.
European Social Progress Index
The EU regional Social Progress Index aims to measure social progress for each EU region as a complement to traditional measures of economic progress, such as the Gross Domestic Product (GDP).
1. Basic human needs
2. Foundations of wellbeing
3. Opportunity
Social exlusion
In the EU context, a situation whereby a person is prevented (or excluded) from contributing to and benefiting from economic and social progress.
Territoral cohesion
Territorial cohesion is promoting balanced and harmonious territorial development between and within countries, regions, cities and municipalities, as well as ensuring a future for all places and people in Europe, building on the diversity of places and subsidiarity. (Territorial Agenda 2030)
Supremacy
Under the principle ofsupremacy, national courts are required to enforce the treaties that their member states have ratified, even if doing so requires them to ignore conflicting national law, and (within limits) even constitutional provisions
Internal market
The internal market refers to the single market within the EU’s territory.
The aim is to have an area without internal frontiers or regulatory obstacles in which the free movement of goods, persons, services and capital is ensured in accordance with the articles of the Treaties.
- Free movement of goods
- Free movement of capital
- Freedom of establishment and to provide services
- Free movement of workers
Federation and confederation
Constitutionally, the EU bears some resemblance to both aconfederationand afederation
status is defined by theTreaty of European Unionand theTreaty on the Functioning of the European Union)
Acquis communautaire
Acquis communautaire is a French term meaning, essentially “the EU as it is” - in other words, it is the body of common rights and obligations which bind all Member States together with the European Union
-cumulative body of European Community laws, comprising the EC’s objectives, substantive rules, policies and, in particular, the primary and secondary legislation and case law – all of which form part of the legal order of the European Union (EU).
Rule of law
The EU is based on the rule of law. Everything the EU does is founded on treaties, voluntarily and democratically agreed by its EU countries. Law and justice are upheld by an independent judiciary. The EU countries gave final jurisdiction to the European Court of Justice - its judgments have to be respected by all.
Derogation
A derogation is a provision in an EU legislative measure which allows for all or part of the legal measure to be applied differently, or not at all, to individuals, groups or organisations.
Regulations
Regulations: become law in all member states the moment they come into force, without the requirement for any implementing measures,and automatically override conflicting domestic provisions.
Directives
Directives: require member states to achieve a certain result while leaving them discretion as to how to achieve the result. When the time limit for implementing directives passes, they may, under certain conditions, havedirect effectin national law against member states.
