EU Law Flashcards
EU important facts
Agreement among a group of countries in the European continent. 27 countries- Almost 500 million people 24 official languages May 9, Europe Day Spain joined the Eu in 1986
EU Aims
Coexistence and help Stability and certainty Influence and power Peace and prosperity Economy
Banking Union
EU-wide supervision of banks and a coordinated mechanism banking struggles.
- Rulebook: new legislation regarding banks’ capital and risk control.
- Supervision: European Central Bank monitoring the 130 most influential European banks.
- Resolution: Europe-wide single resolution board to determine the fate of failing banks .
Euro (€)
Single currency used anywhere in Euro Area that enables price stability with less fluctuation risk and minimises foreign exchange cost.
Single Market
Freedom of movement for people and goods as well as services and capital allowing job creation, more business opportunities, abundant choices and reduction of costs.
Schengen
No police or border controls in most of EU counties, Switzerland, Liechtenstein, Norway and Iceland but enforced checks in EU external borders. Free movement of goods for personal use and linked cooperation of EU international national authorities
EU Institutions (10)
European Parliament European Commission European Council of Ministers (The Council) European Summit Court of Justice European Ombudsman European Court of Auditors European Central Bank European Economic and Social Committee European Committee of Regions
European Parliament- Voice of the People
- Decide EU budget and laws in conjunction with the Council.
- Supervise the work of all EU institutions.
Representatives of countries are chosen by their people through European elections.
There are 705 seats (post- Brexit) and the amount each Member States possesses is related to the amount of the population they have (Germany and France have the most seats since they are the most populated countries of the Union).
European Council of Ministers - Voice of Member States
- Decide EU laws and budget in conjunction with the Parliament.
- Manage Common Foreign and Security Policies
Each Member State’s government assign one minister to represent them (27 ministers).
Voting method: Double Majority
What is the Double Majority voting method used by The Council?
BOTH MUST HAPPEN:
55% of Member States must agree (around 14/ 15)
+
Representation of 65% of total EU population.
European Commission - promoting common interest
- Proposing new legislation
- Represents the EU internationally
- Guardian of Treaties
- Supervise that States are complying with EU regulations
Summit
Gathering of the Head of State and Head of Government of each country (54 individuals)
- Set guidelines for EU policies on subjects affecting the whole Union.
Court of Justice
27 independent judges, one from each EU country
- Set interpretation of EU legislation
- Supervise that States are complying with EU regulations
European Ombudsman
Investigate complains of poor or failed administration by EU institutions, complaint can be made by anyone.
European Court of Auditors
27 independent auditors, one from each State Member.
- Check EU funds are being used correctly.
- Audit anyone (person or institution) dealing with EU funds.
European Central Bank - Managing the Euro
Ensure price stability and money supply as well as determining interest rates and the supervision of banks. They work independently from any government.
European Economic and Social Committee (voice of civil society) & European Committee of Regions (voice of local government)
- Represent trade unions and consumers - rep. cities and regions.
- Advises for EU laws and policies
- Promote involvement of civil society/ local governments into EU matters.
EU Law
Proper law system that regulates issues previously regulated by national laws. Member States share their sovereignty regarding EU matters and laws through the signing of Treaties.
It has Direct Effect on rules and Primacy over National Laws.
International Law
Cooperation and specific topics agreements, sovereignty is NOT shared. It is a legal system that differs notably from internal legal system
Types of EU Laws
Primary Laws: mainly treaties. These are obligations that if not met, could be taken to International tribunals for prosecution.
Secondary Laws: Regulations, directives and decisions (must be done by Member States). These are passed by EU Institutions.
Applicability of EU Law
Direct Applicability: immediately becomes part of Member State laws.
Direct Effect: EU laws that create individual rights enforceable by national courts.
- vertical: creates individual rights for governments
- horizontal: creates individual rights for individuals, private organisations and governments.
Indirect Effect: National courts will interpret national laws in accordance with EU laws.
EU Treaties
Regarded as the EU Constitution –> Established Union’s aims, principles, institutions and legislative procedures.
Can have Directly Applicable and can have both, Horizontal and Vertical Direct effect.
EU Regulations
Clear instructions that must be implemented as stated. Directly Applicable, binding to their entirety. Can have both, Horizontal and Vertical Direct Effect.
EU Directives
NOT Directly Applicable.
Guidelines and criteria that are binding but results-wise, it leaves room for member states to decide how to implement them.
Can only have Vertical Direct Effect.
EU Decisions
NOT Directly Applicable.
Can have only Vertical Direct Effect when addressed to a Member States but they can also be addressed towards an individuals or company.
Dimensions of International Society
Relational dimension: COEXISTENCE
Institutional dimension: COOPERATION
Communitarian dimension: PROTECTION OF COLLECTIVE INTERESTS.
Aim of International Society
Achieve an International community based on Rule of Law to which international relations are subjected to.
Public International Law
Oriented to institutional relationships based not he protections of basic rights.
Voluntary (State’s consent) legal order of non-binding norms and obligations between equally sovereign countries in an horizontal and decentralised structure with no superior authority able to impose sanctions.
International Human Rights Law
Obligations to which states are bound to protect Human Rights and take domestic measures compatible with signed International Human Rights Treaties.
- Obligation to Respect
- Obligation to Protect
- Obligation to Fulfil
