EU LAW & history Flashcards
Dates and place:
- Treaty establishing Western European Union
- NATO
- Treaty for Council of Europe
- OEEC establihsment
- ECHR treaty
- Treaty ECSC in force (signing)
- Messina Conference to prepare for EEC Treaty
- Entry in force Treaty of Rome (signing)
- Establishment EFTA and member countries
- Convention OECD in Paris
- Treaty establishing Western European Union: 1948 in BX
- NATO: 1949 in Washington
- Treaty for Council of Europe: 1949 in Strasbourg
- OEEC establihsment: 1949 in Paris
- ECHR treaty: 1950 in Rome
- Treaty ECSC in force (signing): 1952 (1951 in Paris)
- Messina Conference to prepare for EEC Treaty: 1955
- Entry in force Treaty of Rome (signing): 1958 (1957)
- Establishment EFTA and member countries: 1960 in Stockholm. Countries were Austria, Denmark,
Norway, Portugal, Sweden, Switzerland and the United Kingdom - Convention OECD: 1960 in Paris
Dates and place:
- Signing of the Treaty establishing a single Council and single Commission of the European Communities (Merger Treaty):
- Entry in force Merger Treaty:
- DK, IE, UK join EC:
- Signing of the Final Act of the Conference on Security and Cooperation in Europe:
- Establishment of the European Monetary System:
- First direct election of the European Parliament
- GR accession:
- withdrawal of Greenland from EEC:
- Schengen agreement and members:
- PL ES accession:
- Single European Act:
Dates and place:
- Signing of the Treaty establishing a single Council and single Commission of the European Communities (Merger Treaty): 1965
- Entry in force Merger Treaty: 1967
- DK, IE, UK join EC: 1973
- Signing of the Final Act of the Conference on Security and Cooperation in Europe: 1975
- Establishment of the European Monetary System: 1978
- First direct election of the European Parliament: 1979
- GR accession: GR
- withdrawal of Greenland from EEC: 1985
- Schengen agreement and members: 1985 between BE, FR, DE, LUX, NL
- PL ES accession: 1986
- Single European Act: 1987
Dates and place:
- Maastricht Treaty signing:
- EEA agreement signing:
- Inception of European single market:
- Maastricht entry into force:
- Entry into force of the EEA Agreement:
- Accession AT, FI, SW:
- Entry into force of the Schengen Convention + additional members
- Publication of the European Commission’s Agenda 2000 programme aimed at enlarging the EU:
- Signing Amsterdam Treaty (entry in force):
- Start of EU enlargement process of European Council in LUX
- Entry into force of Europol convention:
- Adoption of the Lisbon strategy for the economic, social and environmental renewal of the EU:
- Proclamation charter of Fundamental rights Europe:
- Treaty of Nice signing:
- Maastricht Treaty signing: 1992 (1993 entry in force)
- EEA agreement signing: 1992 in Porto
- Inception of European single market: 1993
- Maastricht entry into force: 1993
- Entry into force of the EEA Agreement: 1994
- Accession AT, FI, SW: 1995
- Entry into force of the Schengen Convention + additional members: 1995, Denmark, Greece, Spain, Italy, Austria,
Portugal, Finland and Sweden - Publication of the European Commission’s Agenda 2000 programme aimed at enlarging the EU: 1997
- Signing Amsterdam Treaty (entry in force): 1997 (1999)
- Start of EU enlargement process of European Council in LUX: 1997
- Entry into force of Europol convention: 1998
- Adoption of the Lisbon strategy for the economic, social and environmental renewal of the EU: 2000
- Proclamation charter of Fundamental rights Europe: 2000
- Treaty of Nice signing: 2001
Dates and place:
- Establishment of Eurojust:
- Entry in force Nice treaty:
- Accession big:
- Signing of the Treaty establishing a Constitution for Europe
- Rejection of the Treaty establishing a Constitution for Europe in referenda in France (54.7 % vote no) and the Netherlands (61.7 % vote no):
- BG RO accession:
- introduction euro in slovenia:
- Establishment of the European Union Agency for Fundamental Rights:
- Solemn proclamation of the Charter of Fundamental Rights by the European Parliament, the Council of the European
Union and the European Commission:
Dates and place:
- Establishment of Eurojust: 2002
- Entry in force Nice treaty: 2003
- Accession big: 2004
- Signing of the Treaty establishing a Constitution for Europe: 2004
- Rejection of the Treaty establishing a Constitution for Europe in referenda in France (54.7 % vote no) and the Netherlands (61.7 % vote no): 2005
- BG RO accession: 2007
- introduction euro in slovenia: 2007
- Establishment of the European Union Agency for Fundamental Rights: 2007
- Solemn proclamation of the Charter of Fundamental Rights by the European Parliament, the Council of the European
Union and the European Commission: 2007
Dates and place:
- Treaty of Lisbon signing (in force):
- Entry of CZ, EE, LV, LT, HU, MT, PL, SL, SK in Schengen:
- Introduction euro in Malta and Cyprus
- First referendum in Ireland on the Treaty of Lisbon (53.4 % vote no):
- Entry of Switzerland to the Schengen Area:
- Introduction euro in SK:
- Second referendum in Ireland on the Treaty of Lisbon (67.1 % vote yes)
- Creation of the European External Action Service
- Introduction euro Estonia
- Launch of ESMA:
- Adoption of the Euro Plus Pact for economic policy coordination in the economic and monetary union
- Entry of Liechtenstein to the Schengen Area:
- Treaty of Lisbon signing (in force): 2007 (2009)
- Entry of CZ, EE, LV, LT, HU, MT, PL, SL, SK in Schengen: (2007)
- Introduction euro in Malta and Cyprus: 1. Januar 2008
- First referendum in Ireland on the Treaty of Lisbon (53.4 % vote no): 2008
- Entry of Switzerland to the Schengen Area: 2008
- Introduction euro in SK: 2009
- Second referendum in Ireland on the Treaty of Lisbon (67.1 % vote yes: 2009
- Creation of the European External Action Service: 2010
- Introduction euro Estonia: 2011
- Launch of ESMA: 2011
- Adoption of the Euro Plus Pact for economic policy coordination in the economic and monetary union: 2011
- Entry of Liechtenstein to the Schengen Area: 2011
Dates and place
- Agreement by 25 Member States of a Treaty on Stability, Coordination and Governance in
the economic and monetary union (Fiscal Compact)
- Signing of the Treaty establishing the European Stability Mechanism
- Accession Croatia:
- Introduction euro in Latvia:
- Introduction euro Lithuania:
- Formal withdrawal of Iceland’s application for EU membership
- Paris Agreement entry in force
- Formal notice by Prime Minister Theresa May of the United Kingdom’s intention to leave the EU
- Withdrawal of the United Kingdom from the EU after 47 years of membership
- The United Kingdom withdraws from the EU’s internal market and customs union and from all EU policies and trade agreements
- COFE joint signature:
- EU adopts climate law
- Introduction of euro in Croatia (20th member)
- Entry Croatia Schengen:
- Agreement by 25 Member States of a Treaty on Stability, Coordination and Governance in
the economic and monetary union (Fiscal Compact): 2012 - Signing of the Treaty establishing the European Stability Mechanism: 2012
- Accession Croatia: 2013
- Introduction euro in Latvia: 2014
- Introduction euro Lithuania: 2015
- Formal withdrawal of Iceland’s application for EU membership: 2015
- Paris Agreement entry in force: 2016
- Formal notice by Prime Minister Theresa May of the United Kingdom’s intention to leave the EU: 2017
- Withdrawal of the United Kingdom from the EU after 47 years of membership: 2020
- The United Kingdom withdraws from the EU’s internal market and customs union and from all EU policies and trade agreements: 2021
- COFE joint signature: 2021
- EU adopts climate law: 2021
- Introduction of euro in Croatia (20th member): 2021
- Entry Croatia Schengen: 2023
NATO Member States:
- total is 31
- 22 EU Members (excluding Ireland, Cyprus, Malta, Austria)
- Albania, Canada, Iceland, Montenegro, North Macedonia, Norway, Türkiye, the United Kingdom and the United States
Foundation WEU and dissolution
1954, dissolved 2011
Foundation OSCE, and important milestones, role
- 1994
- successor to the 1975 Conference on Security and Cooperation in Europe
- Basic accords are the 1975 Helsinki Final Act and 1990 Charter of Paris
- early warning, conflict prevention, crisis management, and post-conflict rehabilitation. Its mandate includes issues such as arms control, the promotion of human rights, freedom of the press, and free and fair elections. It
Beneš decrees
1945, disallowed claims to land in areas of
Czechia that were formerly German, its keeping was key demand from CZ PResident during Treaty of Lisbon Negotiations
TEU 6 titles
(I) Common provisions,
(II) Provisions on democratic
principles,
(III) Provisions on the institutions, (IV) Provisions on enhanced
cooperation,
(V) General provisions on the Union’s external action and
specific provisions on the common foreign and security policy and
(VI) Final provisions.
TFEU - origin and changes
The Treaty on the Functioning of the European Union (TFEU) was developed from the Treaty establishing the European Community (EC Treaty).
It has more or less the same structure as that treaty.
The main changes concern the external action of the EU and the introduction of new chapters, in particular on energy policy, police and judicial cooperation in criminal matters, astronautics, and sport and tourism
Accession procedure
- a country is offered the prospect of membership;
- a country receives official candidate status once it has met the
conditions for accession, but this does not necessarily mean that formal
negotiations have been opened; - formal accession negotiations are entered into with the candidate country, in which the arrangements and procedures for adopting the applicable EU legislation are agreed.
- When the negotiations and accompanying reforms have been completed to the satisfaction of both sides, the findings and the conditions for accession are laid down in an accession treaty
- First of all, the European Parliament
must give its assent to this accession treaty by an absolute majority of its members. The Council must then give its – unanimous – approval. - Following this, the accession treaty must be signed by the EU Heads of State or Government and the accession country
- The accession treaty must then be ratified by the EU Member States and the accession country according to the respective constitutional provisions. With the deposit of the instruments of ratification, the accession process is completed and the accession treaty enters into force. The accession country then becomes a Member State.
Acession criteria - establishment and details
- established by the Copenhagen European
Council in 1993
■ Political criteria. Stability of institutions, democracy, the rule of law,
guarantee of human rights and respect for and protection of minorities.
■ Economic criteria. The existence of a functioning market economy that
can cope with competitive pressure and market forces in the EU.
■ Legal criteria. Ability to take on the obligations of EU membership,
including acceptance of the aims of political, economic and monetary
union
Historic candidate relations Türkiye: application, association agreement, customs union, status accession candidate, begin of negotiations
- Türkiye submitted its application for membership on 14 April 1987.
- In 1963, Türkiye and the EEC entered into an association agreement
- . In 1995 a customs union was formed
- in Helsinki in December 1999 the European Council decided to grant Türkiye the official status of an accession candidate
- European Council mandate in 2004, the negotiations began in October 2005, but continue to be challenging. T
Withdrawal clause: Art., conditions, what happens without agreement.
Expulsion clause?
- A withdrawal clause (Article 50) has been incorporated into the EU Treaty, allowing a Member State to leave, wihtout conditions.
- If no agreement between the EU and the Member State
concerned on the arrangements for its withdrawal is reached, withdrawal becomes effective without any agreement 2 years after the notification of the intention to withdraw - There is no provision for the expulsion of a Member State from the EU against its declared will, however, even for serious and persistent breaches of the treaties
Treaties governing UK withdrawal
- Withdrawal Agreement, governing the terms of the exit process
- Trade and Cooperation Agreement, which stablishes a
comprehensive trade partnership. - Political Declaration
Key elements: Backstop and Reciprocal citizens’ right
- Reciprocal citizens’ right: EU citizens and UK citizens who exercised their right to reside in the respective territory before the end of the transition period (31 December 2020) and continue to live there afterwards will enjoy for life all rights to which they were entitled before Brexit
Fundamental values EU - Treaty Articles and list of values/aims
- Article 2 TEU (values of the Union): respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.
- Article 3 TEU (aims of the Union): The Union’s aim is to promote peace, its values and the well-being of
its peoples; offer its citizens an area of freedom, security and justice without internal frontiers; establish an internal market
Art 7 (TEU) Procedure and voting quoras
- Heads of State or Government in the European Council must unanimously determine the existence of a serious and persistent breach of the values and principles of the EU. This determination is made by the Heads of State or Government based on a proposal by one third of the Member States or by the European Commission, and after obtaining the
assent of the European Parliament. - The Council of the European Union may then, acting by a qualified majority, suspend certain of the rights deriving from the application of the EU Treaty and the TFEU to the Member State in question, including voting rights in the Council
- The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 3 in response to changes in the situation which led to their being imposed.
- The voting arrangements applying to the European Parliament, the European Council and the Council for the purposes of this Article are laid down in Article 354 of the Treaty on the Functioning of the European Union.
Aims EU within its borders Art 3
- promote peace, its values and the well-being of its citizens
- offer freedom, security and justice without internal borders, while also taking appropriate measures at its external borders to regulate asylum and immigration and prevent and combat crime
- establish an internal market
- achieve sustainable development based on balanced economic growth and price stability and a highly competitive market economy with full employment and social progress
- protect and improve the quality of the environment
- promote scientific and technological progress
- combat social exclusion and discrimination
- promote social justice and protection, equality between women and men, and protection of the rights of the child
- enhance economic, social and territorial cohesion and solidarity among EU countries
- respect its rich cultural and linguistic diversity
- establish an economic and monetary union whose currency is the euro
Aims EU within the wider world, Art 3 TEU
- uphold and promote its values and interests
- contribute to peace and security and the sustainable development of the Earth
- contribute to solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights
- strict observance of international law
Case law of fundamental rights - history and basic rights secured by EU law (rather than treaty provision)
In 1969 in Satuder Judgement, Court recognised the existence of an EU framework of fundamental rights
List: right
of ownership, freedom to engage in an occupation, the inviolability of the home, freedom of opinion, general rights of personality, the protection of the family (e.g. family members’ rights to join a migrant worker), economic freedom and freedom of religion or faith, along with a number of fundamental procedural right, principle of equal treatment
Article linking actions of the EU institutions and the Member States, insofar as they apply and implement EU law, to the Charter of Fundamental Rights of the European Union
Art. 6 TEU
Proclamation Charter on Fundamental Rights - first time and then as separate instrument second time
- Nice European Council on 7 December 2000
- Second time on 12 December 2007 in Strasbourg. The EU Treaty refers to this version of the charter in binding form.
Charter on Fundamental Rights does not apply to which country and why?
Poland, as it did not wish to adopt the system of fundamental rights
of the charter, as it was concerned that it would be obliged to surrender or
at least change certain national positions concerning, in particular, issues of
religion and faith.
Poland is therefore not bound by the fundamental rights
of the charter, but by the case-law of the Court of Justice, as previously
Enhanced cooperation: legal basis
- Art. 20 TEU
- Art. 326 - 334 TFEU
Enhanced cooperation: practice
- when it can be uses
- who can participate
- can be used always?
- minium number of MS
- Are Acts part of EU acquis?
- Are th expenditures covered?
- Must policies be consistent, and who checks?
- may be used only within the framework of the EU’s existing competence and must serve to further the objectives of the Union and reinforce the European integration process (Art 20 TEU)
- must be open to all Member States
- may be undertaken only as a last resort
- minimum threshold for establishing enhanced cooperation is nine Member
States - Acts adopted within the framework of enhanced cooperation are not regarded as part of the EU acquis
- Expenditure resulting from enhanced cooperation, other than administrative costs, are to be financed by the participating Member States, unless all members of the Council, acting unanimously after consulting the European Parliament, decide otherwise
- The Council and the Commission must ensure the consistency of activities undertaken within the framework of enhanced cooperation with the other policies and activities of the Union
Enhanced cooperation: uses
- First time: Regulation that allows spouses of different nationalities to choose the applicable law for a divorce failed in 2006, Enhanced cooperation was established in 2010
- Unitary patent protection (all wihtout ES,Croatia) in 2012
- EPPO in 2017, 22 MS have so far joined
Cases establishing the nature of EU
- Van Gend & Loos in 1963
- Costa v Enel in 1964
Elements that characterise the special legal nature of the EU, based on 2 seminal cases
- the institutional set-up,
- the transfer of powers to the EU institutions to a greater degree than in other international organisations
- establishment of its own legal order
- direct applicability of EU law
- ## primacy of EU law,
The freedoms and their respective articles
- General: Art. 26 TFEU
- Free movement of Goods (Art. 34)
- Free movement of persons (Art 45,49)
-Freedom to provide services (Art. 57) - Free movement of capital (Art. max 63)
Four Convergence criteria euro
- Price stability: inflation rate: max 1.5% above rate of 3 best performing MS
- Sound public finances: deficit max 3%, Gov debt: 60% (not under EDP at time of examinatioN=
-Exchange rate stability: Participation in ERM II for at least 2 years without severe tensions, in particular without devaluing against the euro - long-term interest rate: max 2% above three best performing MS
euro Accession: founding MS, and new ones
Founding: DE, IT, LUX, BE, NL, AT, FR, FI, PT, ES
Greece: 2001
Slovenia: 2007
Cyprus: 2008
Malta: 2008
Slovakia: 2009
Estonia: 2011
Latvia: 2014
Lithuania: 2015
Croatia: 2023
Countries that secured either opt-out of obligation of joining euro or are special case + procedure
- DK, can decide whether and when the procedure for verifying compliance with
the criteria for joining the single currency is initiated - Sweden: adoption of the
euro depends on whether the Commission and ECB recommend Sweden’s participation to the Council. If such a recommendation is made and approved by the Council, Sweden will not be able to refuse to participate.
Rights of EU citizenships and corresponding articles
Art 20 TFEU: establishment of EU citizenship
Art. 21 TFEU: free movement in EU
Art 22 TFEU: right to vote and stand candidate in local elections of MS where he resides
Art 23 TFEU: entitlement to protection by the diplomatic and consular authorities of any Member State
Art 24 TFEU: right to petition the European Parliament
Art 20(2) + Art 18 TFEU: right to be treated by all Member States in the same way as they treat their own nationals
Legal basis princicple of conferral, and art of concrete powers
Art 5 TEU
Art 2, 3, 4, 6 TFEU
Shared competencies + special cases
Art 4 TFEU
(a) internal market;
(b) social policy, for the aspects defined in this Treaty;
(c) economic, social and territorial cohesion;
(d) agriculture and fisheries, excluding the conservation of marine biological resources;
(e) environment;
(f) consumer protection;
(g) transport;
(h) trans-European networks;
(i) energy;
(j) area of freedom, security and justice;
(k) common safety concerns in public health matters, for the aspects defined in this Treaty.
In some areas, exercise of that competence shall not result in Member States being prevented from exercising theirs:
- research, technological development, space, development cooperation and humanitarian aid
Exclusive competencies
Art 3 TFEU
customs union, competition rules for internal market, monetary policy for the Member States whose currency is the euro, the conservation of marine biological resources under the common fisheries policy, common commercial policy.
In addition, EC also has exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or in so far as its conclusion may affect common rules or alter their scope.
Competence to carry out supporting action + special mentioning
Art 6 TFEU
(a) protection and improvement of human health;
(b) industry;
(c) culture;
(d) tourism;
(e) education, vocational training, youth and sport;
(f) civil protection;
(g) administrative cooperation.
In the areas of employment and economic policy, the Member States explicitly acknowledge the need to coordinate national measures within the EU –> Art 2(3) TFEU
Dispositive powers or flexibility clause - what they are and how they can be used, and if everywhere
Art. 352 TFEU
confer on the institutions a power to act when it is essential for the operation of the single market or for ensuring undistorted competition
Process: Council adopts unanimously following COM proposal and EP consent, in all areas both OLS and Special legislative procedure ones
Cannot be used for CFSP. Article 352 TFEU may not be used as a basis for measures that entail harmonisation of national laws
Implied powers: what they are, case law,
Implied – or implicit – powers are, however, powers that have not been explicitly conferred upon (power of action) the EU in the treaties but derive either from the explicitly conferred powers or the objectives of the EU.
Case law: 1971 European agreement on road transport case and Kramer case (fishing quotas): essentially allows EU to negotiate international agreements in matters where it has competence to adopt internal rules.
Legal basis: Art 352(1) TFEU
Subsidiarity principle: legal basis, 2 facets, what happens in case of breach
Art. 5 TEU, + 2 protocols
- Protocol 1 encourages national parliaments’ involvement in EU activities, and requires EU documents and proposals to be forwarded promptly to them so they can examine them before the Council of the European Union makes a decision.
- Protocol 2 requires the European Commission to take into account the regional and local dimension of all draft legislative acts and to make a detailed statement on how the principle of subsidiarity is respected
- affirmative statement that the EU must act where the objectives to be pursued can be better attained at the Union level (added value)
- negative statement that it must not act where objectives can be satisfactorily attained by the Member States acting individually, which constrains them
- It must not fall within EU’s exclusive competency
In the event of a breach of the principle of subsidiarity, the European Committee of the Regions or Member States may refer an adopted act directly to the Court of Justice of the European Union.
Principle of proportionality
Art 5(4) TEU: content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties.
Criteria set out in Protocol Nr
EU measures:
- must be suitable to achieve the desired end;
- must be necessary to achieve the desired end; and
- must not impose a burden on the individual that is excessive in relation to the objective sought to be achieved (proportionality in the narrow sense).
History principle subsidiarity
- The principle of subsidiarity was formally enshrined by the TEU, 1992
- The Single European Act, signed in 1986, had already incorporated a subsidiarity criterion into environmental policy, however, albeit without referring to it explicitly as such
- Protocol annexed by Treaty of Amsterdam
- Lisbon Treaty added subnational level, more enforcement, put it in Art 5 TEU
early warning’ mechanism for subsidiarity: steps, majorities, yellow card, judicial review etc.
- COM must send draft law simultaneously also to national Parliaments
- 8 weeks from the date of forwarding of a draft legislative act to send to the Presidents of the European Parliament, the Council and the Commission a reasoned opinion stating why it considers that the draft in question does not comply with the principle of subsidiarity.
- Each national Parliament gets two votes - If national Parliaments representing at least one third of all the votes dissent, draft must be reviewed (yellow card). This threshold is a quarter in the case of a draft legislative act submitted on the basis of Article 76 of the Treaty on the Functioning of the European Union on the area of freedom, security and justice.
- The institution which produced the draft legislative act may decide to maintain, amend or withdraw it, giving reasons for that decision.
- Under OLS, simple majority of the votes allocated to the national Parliaments is enough to trigger review, and, if Commission insists, Council and EP vote in first reading; EP with majority and Council with 55% of its members (orange card). If this happens, proposal is nil.
Compliance with the principle of subsidiarity may be reviewed retrospectively (following the adoption of the legislative act) by means of a legal action brought before the CJE. This can be done:
- By MS in accordance to Art. 263 TFEU, on behalf of their national parliament or a chamber thereof
- By Committee of Regions in accordance of Art. 263 TFEU, in cases that TFEU stipulates that it must be consulted
Statistics yellow card and orange card
The ‘yellow card’ procedure has been triggered three times, while the ‘orange card’ procedure has never been used.
In 2013, first yellow card with Monti II Regulation. EC withdrew proposal
In 2013, second yellow card for EPPO proposal. EC maintained proposal
In 2016 third yellow card for Posted workers directive. EC maintained proposal
