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Fifth semester, exchange > EU Law > Flashcards

EU Law Flashcards

1
Q

What is the latest EU treaty?

A

The Treaty of Lisbon, signed on December 13, 2007, and entered into force on December 1, 2009. It is an amending treaty and cannot be interpreted in isolation.

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2
Q

What is the Economic and Monetary Union (EMU)?

A

Part of the Maastricht Treaty, it introduced the Euro as a common currency in 1999, with it becoming the official currency for many EU countries in 2002.

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3
Q

What is Brexit?

A

The withdrawal of the United Kingdom from the EU in 2020, following a 2016 referendum.

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4
Q

What are the binding acts that the EU can issue?

A

Regulations, Directives, and Decisions.

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5
Q

What are the non-binding acts that the EU can issue?

A

Recommendations and Opinions.

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6
Q

What was the Empty Chair Crisis?

A

In 1965, France withdrew its representatives from the Council of Ministers, causing a decision-making deadlock known as the Empty Chair Crisis.

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7
Q

What caused France to trigger the Empty Chair Crisis?

A

Disagreements over EEC budgetary powers, shift to Qualified Majority Voting, and concerns over the Common Agricultural Policy.

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8
Q

What was the resolution to the Empty Chair Crisis?

A

The Luxembourg Compromise (1966), which allowed any member state to request unanimous decision-making when “very important national interests” were at stake.

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9
Q

What were the four main goals of the European project?

A

Peace and stability, economic integration, political cooperation, and democracy and human rights.

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10
Q

Which countries were the original founding states of the EU?

A

Belgium, France, Germany, Italy, Luxembourg, and the Netherlands.

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11
Q

What institutions were created by the Paris Treaty?

A

The High Authority, the Common Assembly, the Special Council of Ministers, and the Court of Justice.

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12
Q

How do EU institutions today differ from the 1950s?

A

1950’s
- 1 court of justice
- 1 parliament
- 3 then 1 commissions
- 3 then 1 Councils (M)
- 1 court of auditors
- 2 advisory bodies: Econ & Social/Regions

Today
- 1 court of justice, coupled with a general court that often acts as first instance
- more powerful parliament
- 1 High representative of the the Union on Foreign Affairs & Security Policy
- 1 European Council
- 1 Ombudsman (1992)

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13
Q

What is Article 267 TFEU?

A

Allows national courts to request preliminary rulings from the CJEU on the interpretation or validity of EU law.

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14
Q

What is a “reference for a preliminary ruling procedure”?

A

A process where national courts ask the CJEU for guidance on interpreting or applying EU law, ensuring uniform interpretation across all member states.

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15
Q

Does the CJEU only offer advice?

A

No, the Court of Justice of the European Union (CJEU) does more than just offer advice. While its rulings in the preliminary ruling procedure may seem advisory, they are binding on the national courts that request them. This means the national court must apply the CJEU’s interpretation when resolving the case.

Beyond preliminary rulings, the CJEU also delivers binding judgments in other types of cases, such as infringement proceedings, actions for annulment, and failure to act. Its decisions help ensure consistent application and enforcement of EU law across all member states.

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16
Q

What are the five principal tiers of the hierarchy of EU norms?

A

Treaties, General Principles of Law, Legislative Acts, Delegated Acts, and Implementing Acts.

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17
Q

What are general principles of law in the EU?

A

Unwritten rules developed by the CJEU, such as proportionality, legal certainty, non-discrimination, and respect for fundamental rights.

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18
Q

What is Article 288 TFEU?

A

Defines the types of EU legal acts, including Regulations, Directives, Decisions, Recommendations, and Opinions.

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19
Q

What is the Treaty on the Functioning of the European Union (TFEU)?

A

A document that outlines the competencies and functioning of EU institutions and provides the legal framework for various EU policies.

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20
Q

What is Article 296 TFEU?

A

Specifies that EU institutions must provide clear reasoning for legal acts and follow specified procedures when adopting them.

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21
Q

What is a regulation in EU law?

A

A regulation is a binding legislative act that applies directly and uniformly to all EU member states without needing to be transposed into national law.

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22
Q

What is a directive in EU law?

A

A directive sets out goals that all EU member states must achieve, but leaves it to the countries to decide how to implement these goals within a specified timeframe.

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23
Q

What is a decision in EU law?

A

A decision is an act that is binding in its entirety and applies to specific entities such as an individual country, company, or organization.

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24
Q

What is a recommendation in EU law?

A

A recommendation is a non-binding act that suggests a course of action to EU member states, institutions, or individuals.

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25
Q

What is an opinion in EU law?

A

An opinion is a non-binding act expressing the views of EU institutions on a specific issue without imposing any legal obligations.

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26
Q

What are interinstitutional agreements in the EU?

A

These are agreements made between EU institutions to organize their cooperation and responsibilities.

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27
Q

What is a delegated act in EU law?

A

A delegated act supplements or amends non-essential elements of EU legislative acts and can be objected or revoked by the European Parliament or Council.

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28
Q

What is an implementing act in EU law?

A

An implementing act is used to ensure that EU laws are applied uniformly across member states and defines conditions for the implementation of legally binding acts.

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29
Q

What is a monist legal system?

A

A monist system considers international law and national law as part of a single legal order, with international law automatically incorporated into national law upon ratification.

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30
Q

What is a dualist legal system?

A

A dualist system treats international law and national law as separate legal orders, requiring international law to be incorporated into national law through domestic legislation.

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31
Q

How did monist systems replace laws before the EU’s new legal order?

A

In monist systems, international laws were automatically incorporated into national law upon ratification without separate legislative action.

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32
Q

How did dualist systems replace laws before the EU’s new legal order?

A

In dualist systems, international agreements had to be incorporated into national law through specific legislative actions.

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33
Q

What changed with the EU’s new legal order?

A

The EU’s new legal order introduced the supremacy of EU law over national laws and established an autonomous legal system distinct from national systems.

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34
Q

What is a preliminary ruling in the EU?

A

A preliminary ruling is a request by a national judge to the Court of Justice of the EU (CJEU) to interpret or assess the validity of EU law.

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35
Q

When is a request for a preliminary ruling mandatory?

A

It is mandatory for the highest national courts when the interpretation or validity of EU law is uncertain and no further domestic remedies are available.

36
Q

What happens to national proceedings during a preliminary ruling request?

A

National proceedings are usually suspended until the CJEU provides its judgment.

37
Q

What is the binding effect of a preliminary ruling?

A

A preliminary ruling is binding on the national court that made the request and on all other national courts within the EU that face the same legal issue.

38
Q

What did the Van Gend en Loos case establish?

A

The Van Gend en Loos case established the principle of direct effect, allowing individuals to invoke EU law directly before national courts.

39
Q

What was the legal issue in the Van Gend en Loos case?

A

The legal issue was whether Article 12 of the EEC Treaty could be directly invoked by individuals in national courts.

40
Q

What was the ECJ’s decision in Van Gend en Loos?

A

The ECJ held that Article 12 of the EEC Treaty had direct effect, meaning it conferred rights on individuals to invoke before national courts.

41
Q

What principle did the Costa v ENEL case establish?

A

The Costa v ENEL case established the principle of supremacy of EU law over conflicting national laws.

42
Q

What did the Costa v ENEL case state about EU law?

A

The case stated that EU law takes precedence over national laws, even if the national law was passed after the adoption of EU law.

43
Q

What is the significance of the Costa v ENEL decision?

A

It solidified the supremacy of EU law and reinforced the legal authority of the EU over member states’ laws.

44
Q

Who has the right of access to EU documents?

A

All EU citizens and residents. Non-EU citizens and legal entities, have the right request access to EU documents.

45
Q

What regulation governs public access to EU documents?

A

Regulation (EC) No 1049/2001 governs public access to European Parliament, Council, and Commission documents.

46
Q

What are the limitations to accessing EU documents?

A

Access may be refused to protect public interests, privacy, commercial interests, or the decision-making process of EU institutions.

47
Q

When did the Treaty of Paris enter into force?

A

The Treaty of Paris entered into force on July 23, 1952.

48
Q

When did the Treaty of Rome enter into force?

A

The Treaty of Rome entered into force on January 1, 1958.

49
Q

What were the shared institutions of the three original European communities?

A

The European Commission, The Council of Ministers, The European Parliament, The Court of Justice

50
Q

Which institution was distinct to the ECSC?

A

The High Authority and Special Council of Ministers were not shared with the EEC and Euratom.

51
Q

What did the Merger Treaty of 1965 do?

A

The Merger Treaty of 1965 merged the executive bodies of the three communities into a single European Commission and Council of Ministers.

52
Q

When did Denmark, Ireland, and the United Kingdom join the EU?

A

They joined the EU in 1973.

53
Q

When did Greece join the EU?

A

Greece joined the EU in 1981.

54
Q

When did Portugal and Spain join the EU?

A

Portugal and Spain joined the EU in 1986.

55
Q

When did Austria, Finland, and Sweden join the EU?

A

They joined the EU in 1995.

56
Q

Which countries joined the EU in 2004?

A

Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia joined in 2004.

57
Q

When did Bulgaria and Romania join the EU?

A

Bulgaria and Romania joined the EU in 2007.

58
Q

When did Croatia join the EU?

A

Croatia joined the EU in 2013.

59
Q

What was the Empty Chair Crisis?

A

The Empty Chair Crisis occurred when France withdrew from the Council of Ministers in protest against proposed EEC reforms.

60
Q

What did the Luxembourg Compromise achieve?

A

The Luxembourg Compromise allowed member states to veto decisions under qualified majority voting if they believed their national interests were at stake.

61
Q

What was the result of the Luxembourg Compromise for France?

A

France ended its boycott of the Council of Ministers and resumed participation in EEC affairs.

62
Q

What was the significance of the Luxembourg Compromise?

A

It preserved national veto power in many areas, slowed down decision-making, and reaffirmed national sovereignty within the EEC.

63
Q

How did the Luxembourg Compromise affect European integration?

A

It is often seen as a setback for European integration, as it weakened the move towards a more supranational decision-making process.

64
Q

What did the Merger Treaty of 1965 simplify?

A

It simplified the institutional structure by creating a single European Commission and Council of Ministers for the ECSC, EEC, and Euratom.

65
Q

What principle did the Van Gend en Loos case establish?

A

It established the principle of direct effect.

66
Q

What principle did the Costa v ENEL case establish?

A

It established the principle of the supremacy of EU law.

67
Q

Why was the Luxembourg Compromise not part of the EEC treaties?

A

It was a political agreement rather than a legally binding treaty amendment.

68
Q

What did the Costa v ENEL case emphasize about sovereignty?

A

It emphasized that the transfer of sovereignty to the EU was permanent and irreversible.

69
Q

What was the impact of the Costa v ENEL ruling on EU law?

A

It ensured that EU law would be uniformly applied and enforced across all member states.

70
Q

Why is the Costa v ENEL case considered a cornerstone of EU law?

A

It solidified the supremacy of EU law and reinforced the EU’s legal authority over its member states.

71
Q

What are the two subsets of EU treaties?

A
  1. Treaty on European Union (TEU): This treaty establishes the foundational principles and objectives of the European Union (EU). It outlines the structure, values, and the broad framework for cooperation between member states, covering areas like foreign policy, democracy, and human rights. It is one of the core treaties that defines the EU’s political direction.
  2. Treaty on the Functioning of the European Union (TFEU): This treaty elaborates on the specific roles, powers, and functioning of the EU’s institutions. It provides detailed rules and regulations governing areas like the internal market, competition, and policies related to trade, environment, and justice. It is more focused on the operational aspects of how the EU works day-to-day.
72
Q

Create a timeline of the formation of the EU as we know it today.

A

1951: Treaty of Paris

Establishes the European Coal and Steel Community (ECSC) among six founding countries: Belgium, France, Germany, Italy, Luxembourg, and the Netherlands.
Purpose: To coordinate coal and steel production and promote economic cooperation to prevent future conflicts.

1957: Treaty of Rome

Establishes the European Economic Community (EEC) and the European Atomic Energy Community (EURATOM).
Purpose: To create a common market, customs union, and cooperation in atomic energy.

1967: Merger Treaty (Brussels Treaty)

Merges the executive bodies of the ECSC, EEC, and EURATOM into a single institutional structure known as the European Community (EC).
Purpose: To streamline administration and enhance cooperation between the communities.

1986: Single European Act (SEA)

First major revision of the Treaty of Rome.
Purpose: To create a single internal market by 1992, removing barriers to the free movement of goods, services, capital, and people.

1992: Treaty of Maastricht (Treaty on European Union)

Officially establishes the European Union (EU).
Purpose: To introduce European citizenship, establish Economic and Monetary Union (EMU), and create the three-pillar structure (European Communities, Common Foreign and Security Policy, and Justice and Home Affairs).

1997: Treaty of Amsterdam

Amends the Maastricht Treaty.
Purpose: To reform the EU’s institutions and prepare for future enlargement.

2001: Treaty of Nice

Further reforms the EU’s institutional structure to accommodate the future enlargement of the EU, particularly for the admission of 10 new countries in 2004.
Purpose: To adjust voting weights in the Council, redefine the powers of EU institutions, and increase the role of the European Parliament.

2007: Treaty of Lisbon

Reforms and simplifies the EU’s governance framework.
Purpose: To replace the EU’s three-pillar structure with a unified legal framework, create the position of a permanent President of the European Council, and introduce the Charter of Fundamental Rights.

73
Q

What was the treaty of Paris?

A

1951: Treaty of Paris

Establishes the European Coal and Steel Community (ECSC) among six founding countries: Belgium, France, Germany, Italy, Luxembourg, and the Netherlands.
Purpose: To coordinate coal and steel production and promote economic cooperation to prevent future conflicts.

74
Q

What is the difference between direct effect and direct appllicability?

A

An EU Regulation (e.g., GDPR) is directly applicable because it automatically becomes law in all member states without the need for national implementation.

A provision of an EU Directive (e.g., Working Time Directive) may have direct effect if it is clear, precise, and unconditional, allowing an individual to invoke it in a national court, even if the directive has not been properly implemented by the member state.

75
Q

Name the five men that inspired Europe.

A

Adenauer, Schuman, Monnet, de Gasperi, and Spaak.

76
Q

Treaties that created the 3 Communities (dates of signature and entry of force).

A
  • European Coal and Steel Community: Treaty of Paris (1952);
  • European Economic Community and Euratom: Treaty of Rome (1958).
77
Q

Names of institutions created by the Treaty of Paris.

A
  • High Authority
  • Assembly
  • Council of Ministers
  • Court of Justice.
78
Q

What is the significance of the Merger Treaty (1967).

A
  • The Brussels Treaty establishing a single Council and single Commission of the European Communities (known as the ‘Merger Treaty’) was signed with the explicit intention of unifying the 3 then-existing European Communities (EC) — the European Coal and Steel Community (ECSC), the European Economic Community (EEC) and the European Atomic Energy Community (EURATOM).
  • While keeping the 3 communities legally independent, the Merger Treaty rationalised their institutions by merging their then still independent executive bodies — thus bringing to 5 the number of common European institutions — and amended the community treaties accordingly.
79
Q

What is the key point of Case 148/78 Ratti?

A

Directives have direct effect when unconditional and precise and only when their implementation period has expired

80
Q

What kind of effect do directives have?

A

directives only have vertical direct effect – they could only be raised against the State or a state entity. They are not capable of having horizontal direct effect, as they cannot impose obligations on a private party → doctrine of indirect effect.

81
Q

When can directives be enforced?

A

directives only have vertical direct effect – they could only be raised against the State or a state entity. They are not capable of having horizontal direct effect, as they cannot impose obligations on a private party → doctrine of indirect effect.

82
Q

What are the conclusions that can be derived from Walrave& Koch 74, Bosman 93 and Munoz 00?

A

The conclusion to be derived is that Private parties (with the caveat the the public/private nature of many undertakings is debatable) may use Regulations in the national courts against other private parties, and derive rights from them. As such, regulations have horizontal direct effect.

83
Q

What is the key question in the Munoz C-253/00 case?

A

May another Trader (a competitor) sue the first trader on the grounds that EU law ( a Regulation) is being infringed?

  • YES.
84
Q

Which cases discussed in class have vertical direct effect in relation to treaties?

A

Van Gend and Loos 26/62

85
Q

Which cases discussed in class have horizontal direct effect in relation to treaties?

A

Defrenne (43/75), VIKING

86
Q
A

Fifth semester, exchange (5 decks)

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