EU law Flashcards
Regulations
-contains rules, general applications and are binding and directly applicable in all member states, they directly create rights and duties for individual persons and organizations in member states
Directives
member states are obligated to integrate these rules in their legislation, these are not legally imposed
Decisions
meant for specific cases, binding but decisions that specify their addressee only that addressee
European Commission
= institution within EU that has the promotion of general interest of Union as official task (executive)
TASK: ensuring treaties & EU laws are applied, important role EU policy making
- has to answer to European Parliament
- seated in Brussels
- 24,000 members
- every member state has at least one representative
- National executive: they must answer to European Parliament and have the same obligations
DEMOCRATIC: answers to E, which represents people
NON DEMOCRATIC: even though they do answer to EP, not directly elected as they are announced by President
European Parliament
legislative process of the EU, grouped with ideology instead of country
TASKS: involved in legislation process, must approve of annual EU budgets & supervises the commission
- Parliament must sanction Commission’s appointment & has power to dismiss Commission
- seated in Brussels & Strasbourg
- 751 members
-Parliament of the national institutions: being involved in the process of legislation, creating budgets for the executive and supervising it & members of both Parliaments are voted democratically by the citizens
MOST DEMOCRATIC: directly elected members
Council of the European Union
= specific ministers come together to discuss particular issue
TASK: taking policy & legislative decisions in cooperation with other EU institutions
- Intermeidary between Eu & national governments
- Which ministers are included depends on issue at stake
Executive: depending on issue, the ministers of each Member State who’s specialised in the topic being discussed will come forward, comparable with the competences given when forming a government
DEMOCRATIC: all member states are represented
NON DEMOCRATIC: QMV too mathematical?, represents governments more than people
European Council
= represents national states in negotiations & decision-making process that determine the general course of development of the EU
- Members are heads of state of member states
- Meetings = euro summits
No similarities to domestic organs
DEMOCRATIC: represents member states and their interests
Court of Justice of the European Union
TASKS:
- give preliminary rulings concerning interpretation of TEU and TFEU and validity and interpretation of acts of the institutions, bodies, offices and agencies of the EU
- review legality of legislative acts intended to produce legal effects vis-à-vis
- appointed for six years
- judge elected by governments of member states
- National judiciary, making sure everyone follows the law
NOT REALLY DEMOCRATIC as members are not directly elected by citizens
Ordinary legislative procedure
- creation of new legislation by EP, Council & Commission
QMV: 55% of members of the council have to approve AND this has to cover at least 65% of the EU population
4 members -> blocking minority but 35% of population
SPecial legislative procedure: requires unanimous vote by the council, after obtaining the consent of the European Parliament
Four freedoms of movement
-FREEDOM OF GOODS:
- prohibition of custom duties and quantitative restrictions
- banning of measures that hamper these movements
FREEDOM OF PERSONS:
- people can move freely
FREE MOVEMENT OF SERVICE:
- feedom to provide & receive services in any EU country
FREEDOM OF CAPITAL:
- goods & services are able to travel freely without losing worth
EU law and national law
- European Treaties have direct effect on national law & are directly bound by this decision
- EU law overrules domestic law
Spillover and spillback
SPILLOVER
- full realization of one thing requires realization of some other thing
EU: realization of full cooperation in one field requires other forms of cooperation -> countries grow dependent on each other
SPILLBACK
- European Integration as “all or nothing” -> reason to abandon project as there is no end to spillover
Principles governing the EU’s competences
CONFERRAL:
- member states have attributed certain powers to EU
- EU can only act within limits of the powers that have been given (outlined in TEU and TFEU)
SUBSIDIARITY:
- action should be taken as close as possible to people -> if decisions can be taken on local level, it should be
PROPORTIONALITY
- needs to be suitable, necessary, balances
- EU cannot go beyond what’s necessary to achieve objectives
Competences
EXCLUSIVE COMPETENCES:
- only EU make act -> member states have attribted certain powers to EU
f.e. monetary policy or customs Union
SHARED COMPETENCES:
- member state can act until EU has adopted laws in this area
f.e. internal market, agriculture, environment
SUPPORTING COMPETENCES:
- member states themselves but EU can support them -> coordination
f.e. health culture, tourism, education
