EU Law - Intro to EU Integration Flashcards
What was the EU first called?
European Political Community
What was the primary aim of the EPC?
Economic organisation
What criteria requires prospective members of the EPC to meet certain standards?
Copenhagen Criteria
According to the UK, is the EU more of a supranational or intergovernmental body?
Intergovernmental
How many Treaties form the Constitution of the EU?
Seven
What three Treaties make up the European Communities?
Treaty establishing a Coal and Steel Community, T establishing the European Economic Community and Treaty establishing the Atomic Energy Community (ECSC, EEC and EURATOM)
What did the EEC Treaty of Rome become after the Maastricht Treaty?
EC Treaty
What Treaty now governs the European Communities?
Treaty of Rome
Which Treaty allowed cooperation of states on security and defence and cooperation on police matters and immigration?
Treaty of Maastricht, TEU 1992
When was the Treaty of Maastricht?
1992
What did the Treaty of Maastricht allow?
Cooperation of states on security and defence, and cooperation on police matters and immigration
What structure did the Treaty of Maastricht introduce?
Three Pillar Structure
What is the 3 Pillar Structure?
EU can act both as the EC (on matters relating to common market) AND in more areas too.
What is Pillar 1?
European Communities
Which pillar of the 3 Pillar Structure displays supranationalism of EU?
Pillar 1
What is Pillar 2?
Common Foreign and Security Policy
Which Article in Treaty of Maastricht governs Pillar 1?
Article 1
Which Article in Treaty of Maastricht governs Pillar 2?
Articles 11-28
Which Articles in Treaty of Maastricht govern Pillar 3?
Articles 29-42
What is Pillar 3?
Cooperation in the field of Justice and Home Affairs (now Judicial Cooperation in Criminal Matters)
What are Pillars 2 and 3 examples of in regard to control of EU?
Intergovernmentalism
What two Articles of the Treaty of Maastricht show Pillars 2 and 3 are essentially intergovernmental?
Articles 4 and 46
Article 4 Treaty of Maastricht
EU P has no legislative competence
Article 46 Treaty of Maastricht
No powers to interpret or ensure compliance
Name three amendments to Treaty of Rome (EC) by TEU
Citizenship for EU nationals, new legal base for social policy and economic and monetary union
Name one amendment to Treaty of Rome by TEU that UK opted out of until 1997
New legal base for social policy
When did the UK opt in for new legal base for social policy under Treaty of Rome?
1997
What two countries opted out of the economic and monetary union in the EU?
Denmark and UK
When was the Treaty of Amsterdam?
1997 (1999)
What did the Treaty of Amsterdam add to Pillar 1?
Title of employment
What Treaty incorporated the Social Chapter which previously only applied to 14 members?
Treaty of Amsterdam
What was the effect of incorporating the Social Chapter into the Treaty of Amsterdam?
Strengthened provisions by giving legislative power for action against discrimination
Which Treaty added to the list of civil rights?
Treaty of Amsterdam
Which Treaty clarified the link between national and European citizenship?
Treaty of Amsterdam
Which Treaty established a new section on freedom, security and justice, renaming Pillar 3 to reflect what remained?
Treaty of Amsterdam
What was the effect of the Treaty of Amsterdam on the Pillar structure?
Subjected a large part of cooperation in the area of justice and home affairs to Community rules
When was the Treaty of Nice?
2000 (2003)
Why was the Treaty of Nice introduced?
To balance votes - most turbulent rectification period
Which Treaty replaced veto with majority voting in 29 new areas?
Treaty of Nice
What effect did British pressure have on Articles 17 and 27a, Treaty of Nice?
NATO continued to be the bedrock of western security
What do Articles 17 and 27a of the Treaty of Nice show?
Nato continues to be the bedrock of western securit
What two countries rejected a Constitution for Europe in referendums?
France and Holland
When was the Treaty of Lisbon?
2007 (2009)
What was the main objective of the Treay of Lisbon
Make EU more democratic, ensure efficient functioning, enhance integration, meet high standards of accountability, openness, transparency and participation
Examples of deconstitutionalisation in Treaty of Lisbon
Removing flag, primacy clause of Charter
What effect did the Treaty of Lisbon have on the pillar structure?
EU became based on TEU and TFEU, with TFEU absorbing Pillar 3 - single legal and political framework
What two organisations became independent after the Treaty of Lisbon?
EURATOM and CFSP (Pillar 2)
What framework came out of the Treaty of Lisbon?
Single legal and political framework
What two Treaties renumbered the clauses?
Treaty of Amsterdam and Treay of Lisbon
What treaty introduced a single personlaity, abolishing the distinction between EC and EU?
Treaty of Lisbon
Which Article Treaty of Lisbon involved the EU replacing and succeeding the EC
Article 1(3)
Article 1(3) Treaty of Lisbon
EU replaces and succeeds the EC
What is the EU founded on under Treaty of Lisbon?
LTEU and TFEU
Article 50 Treaty of Lisbon
Exit clause suggesting a Member COULD exit the EU
What effect did the Eurozone crisis have on the EU?
Led to a Treaty disciplining any Eurozone state with big deficits
What is the basic view in regard to legislative competence of the EU?
No general or inherent legislative competence
Article 5 TEU
Principle of conferral
What is the Principle of Conferral under Article 5 TEU?
Need express authoridation in a Treaty for EU to legislate, and even then it is subject to the principle of subsidiarity
What three types of competence are there under the EU?
Exclusive, shared and competence to support, coordinate and supplement national policies
Article 2(1) TFEU
Exclusive competence
Article 2(2) TFEU
Shared competence
Article 2(3) TFEU
Competence to coordinate, support and supplement national policies
What Article of TFEU covers TYPES of competences of EU?
Article 2
What additional competence was made into a separate category in EU to avoid concerns over pre-emption and too weak in the third category of competence based on national policies?
Competence in relation to economic, employment and social policy
What Article TFEU covers the exclusive competences of the EU
Article 3
What Article TFEU covers shared competences of EU
Article 4
What Article TFEU gives competences to support, coordinate and supplement national policies?
Article 6
What Treaty governs the competence areas of the EU?
TFEU
What Article and Treaty covers the principle of subsidiarity?
Article 5(3) TEU
Article 5(3) TEU
Principle of subsidiarity
What is the principle of subsidiarity?
Legislative power can only be used if objective ‘would be better achieved at Union level’
What does the principle of subsidiarity mean for national Parliaments?
Proposals will be sent to them to comment on any possible grounds of violation of subsidiarity principle
What is the practical reality of the principle of subsidiarity and the intervention of national Ps?
CJEU has never struck down a measure on the grounds of violation of subsidiarity - more political than legal limit
Article 6(1) TEU
Charter is not incorporatred but has the same legal value as Treaties
Which Article in which Treaty states that the Charter is not incorporated but has the same legal value as Treatues?
Article 6(1) TEU
Which two countries negotiated a Protocol to limit the Charter under Article 6(1) TEU
UK and Poland
What two provisions are in the Protocol to limit the Charter
No court can find law of UK/Poland inconsistent with rights/freedoms/principles, and requires national provision to make rights in Title IV justiciable
Article 1(1) Protocol TEU
No court can find law of UK/Poland inconsistent with rights/freedoms/principles
Article 1(2) Protocol TEU
National provision needed to make rights in Title IV Charter justiciable
What two problems does Craig give with the Protocol negotiated by UK and Poland in TEU?
Politically, UK signd EU Constitution without any such reservations, and LEGALLY Article 1(2) places a substantive limit on solidarity rights
Article 6(2) TEU
Accession of the EU to the ECHR
What Article of the TEU allows for accession of the EU to the ECHR?
Article 6(2) TEU
Who believed the rejection of the Constitutional Treaty to be ‘damaging’ and ‘politically significant’?
Burca
What does Burca believe the referendum rejections of the Constitution show?
Insufficient degree of ‘double legitimacy’ between national democratic delegation and directly democratic nature of EU P
Why is Burca critical of the fast-tracking of the Lisbon Treaty?
He believes popular frustration and alienation can only be addressed by democratic participation, not by removing such participation
Who highlighted that the Treaty of Lisbon retained the major institutional reforms from the Constitution?
Burca
Who suggested opposition to new Treaties appears to come primarily from the left?
Burca
What did Burca suggest is the cause of opposition to new Treaties from the left?
Move to the right within the EU
Who highlighted the continuing tension between a federalist and functionalist approach in EU?
Burca
What two approaches did Burca see as struggling against each other?
Federalist and functionalist
How did Burca criticise the ‘secretive process of drafting and adopting the Lisbon Treaty’?
He called it ‘regressive’, ‘low-profile, executive-led intergovernmentalism’
Who agreed with Burca that the Treaty of Lisbon essentially involved the adoption of ‘most of the significant changes debated at length in the Convention’?
Craig
What were the two problems Craig highlighted with the concept of exclusive competence
Demarcation problems between areas in Article 3 TEU (exclusive competence areas), and complex case law on whether EU’s external competence is exclusive or parallel with Members
Article 2(2) TEU
Automatic pre-emption of Members - they can only exercise a power to the extent that the EU has not
What two problems did Craig find with Article 2(3) TEU (third area of competence)
Boundary issues with shared competence (Article 2(2) TEU) and framed largely in terms of coordination, but EU has peremptory action in certain circumstances nonetheless
Name at least two major institutional reforms carried from TECE to TEU
Altered power hierarchy (President incumbent for 2 1/2 or 5 years), the Council has joint legislative and budgetary functions with EU P, the Commission has a formally enshrined right of legislative initiative and EU P has power of ‘delegated acts’, co-decision procedure with the Council and extended to new areas
What was the altered power hierarchy in TEU, carried over from TECE?
President incumbent for 2 1/2 or 5 years
What was the effect on the Council in TEU?
Joint legislative and budgetary function with EU P
What was the effect of the Commission in TEU?
Altered size and formally enshrined right of legislative initiative
What was the effect on the EU P in TEU?
Power of ‘delegated acts’, co-decision procedure with Council and extended to new areas
Article 289 TFEU
Legislative acts
Article 290 TFEU
Non-legislative acts of general application
Article 291 TFEU
Implementing acts
How does Craig believe the hierarchy of norms has been maintained at least a bit?
Through the distinction between legislative acts, non-legislative acts of general application and implementing acts in TFEU
What does Craig believe is the implication of preserving a hierarchy of norms at least in part?
Formal distinction between legislative and non-legislative acts (i.e. split by needing or not needing a specific procedure), and Commission hope ex ante and post constraints on delegated acts may lead to Members modifying Comitology oversight mechanisms
What does Craig believe the Commission hope will be the result of preserving the hierarchy of norms at least in part?
Ex ante and post constraints on delegated acts may lead to Members modifying Comitology oversight mechanisms
