Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law Second Year > EU Law - Intro to EU Integration > Flashcards

EU Law - Intro to EU Integration Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What was the EU first called?

A

European Political Community

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What was the primary aim of the EPC?

A

Economic organisation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What criteria requires prospective members of the EPC to meet certain standards?

A

Copenhagen Criteria

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

According to the UK, is the EU more of a supranational or intergovernmental body?

A

Intergovernmental

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

How many Treaties form the Constitution of the EU?

A

Seven

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What three Treaties make up the European Communities?

A

Treaty establishing a Coal and Steel Community, T establishing the European Economic Community and Treaty establishing the Atomic Energy Community (ECSC, EEC and EURATOM)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What did the EEC Treaty of Rome become after the Maastricht Treaty?

A

EC Treaty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What Treaty now governs the European Communities?

A

Treaty of Rome

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Which Treaty allowed cooperation of states on security and defence and cooperation on police matters and immigration?

A

Treaty of Maastricht, TEU 1992

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

When was the Treaty of Maastricht?

A

1992

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What did the Treaty of Maastricht allow?

A

Cooperation of states on security and defence, and cooperation on police matters and immigration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What structure did the Treaty of Maastricht introduce?

A

Three Pillar Structure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the 3 Pillar Structure?

A

EU can act both as the EC (on matters relating to common market) AND in more areas too.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is Pillar 1?

A

European Communities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Which pillar of the 3 Pillar Structure displays supranationalism of EU?

A

Pillar 1

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is Pillar 2?

A

Common Foreign and Security Policy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Which Article in Treaty of Maastricht governs Pillar 1?

A

Article 1

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Which Article in Treaty of Maastricht governs Pillar 2?

A

Articles 11-28

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Which Articles in Treaty of Maastricht govern Pillar 3?

A

Articles 29-42

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is Pillar 3?

A

Cooperation in the field of Justice and Home Affairs (now Judicial Cooperation in Criminal Matters)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What are Pillars 2 and 3 examples of in regard to control of EU?

A

Intergovernmentalism

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What two Articles of the Treaty of Maastricht show Pillars 2 and 3 are essentially intergovernmental?

A

Articles 4 and 46

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Article 4 Treaty of Maastricht

A

EU P has no legislative competence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Article 46 Treaty of Maastricht

A

No powers to interpret or ensure compliance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Name three amendments to Treaty of Rome (EC) by TEU

A

Citizenship for EU nationals, new legal base for social policy and economic and monetary union

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Name one amendment to Treaty of Rome by TEU that UK opted out of until 1997

A

New legal base for social policy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

When did the UK opt in for new legal base for social policy under Treaty of Rome?

A

1997

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What two countries opted out of the economic and monetary union in the EU?

A

Denmark and UK

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

When was the Treaty of Amsterdam?

A

1997 (1999)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What did the Treaty of Amsterdam add to Pillar 1?

A

Title of employment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What Treaty incorporated the Social Chapter which previously only applied to 14 members?

A

Treaty of Amsterdam

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What was the effect of incorporating the Social Chapter into the Treaty of Amsterdam?

A

Strengthened provisions by giving legislative power for action against discrimination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Which Treaty added to the list of civil rights?

A

Treaty of Amsterdam

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Which Treaty clarified the link between national and European citizenship?

A

Treaty of Amsterdam

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Which Treaty established a new section on freedom, security and justice, renaming Pillar 3 to reflect what remained?

A

Treaty of Amsterdam

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What was the effect of the Treaty of Amsterdam on the Pillar structure?

A

Subjected a large part of cooperation in the area of justice and home affairs to Community rules

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

When was the Treaty of Nice?

A

2000 (2003)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Why was the Treaty of Nice introduced?

A

To balance votes - most turbulent rectification period

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Which Treaty replaced veto with majority voting in 29 new areas?

A

Treaty of Nice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

What effect did British pressure have on Articles 17 and 27a, Treaty of Nice?

A

NATO continued to be the bedrock of western security

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What do Articles 17 and 27a of the Treaty of Nice show?

A

Nato continues to be the bedrock of western securit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

What two countries rejected a Constitution for Europe in referendums?

A

France and Holland

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

When was the Treaty of Lisbon?

A

2007 (2009)

44
Q

What was the main objective of the Treay of Lisbon

A

Make EU more democratic, ensure efficient functioning, enhance integration, meet high standards of accountability, openness, transparency and participation

45
Q

Examples of deconstitutionalisation in Treaty of Lisbon

A

Removing flag, primacy clause of Charter

46
Q

What effect did the Treaty of Lisbon have on the pillar structure?

A

EU became based on TEU and TFEU, with TFEU absorbing Pillar 3 - single legal and political framework

47
Q

What two organisations became independent after the Treaty of Lisbon?

A

EURATOM and CFSP (Pillar 2)

48
Q

What framework came out of the Treaty of Lisbon?

A

Single legal and political framework

49
Q

What two Treaties renumbered the clauses?

A

Treaty of Amsterdam and Treay of Lisbon

50
Q

What treaty introduced a single personlaity, abolishing the distinction between EC and EU?

A

Treaty of Lisbon

51
Q

Which Article Treaty of Lisbon involved the EU replacing and succeeding the EC

A

Article 1(3)

52
Q

Article 1(3) Treaty of Lisbon

A

EU replaces and succeeds the EC

53
Q

What is the EU founded on under Treaty of Lisbon?

A

LTEU and TFEU

54
Q

Article 50 Treaty of Lisbon

A

Exit clause suggesting a Member COULD exit the EU

55
Q

What effect did the Eurozone crisis have on the EU?

A

Led to a Treaty disciplining any Eurozone state with big deficits

56
Q

What is the basic view in regard to legislative competence of the EU?

A

No general or inherent legislative competence

57
Q

Article 5 TEU

A

Principle of conferral

58
Q

What is the Principle of Conferral under Article 5 TEU?

A

Need express authoridation in a Treaty for EU to legislate, and even then it is subject to the principle of subsidiarity

59
Q

What three types of competence are there under the EU?

A

Exclusive, shared and competence to support, coordinate and supplement national policies

60
Q

Article 2(1) TFEU

A

Exclusive competence

61
Q

Article 2(2) TFEU

A

Shared competence

62
Q

Article 2(3) TFEU

A

Competence to coordinate, support and supplement national policies

63
Q

What Article of TFEU covers TYPES of competences of EU?

A

Article 2

64
Q

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?

A

Competence in relation to economic, employment and social policy

65
Q

What Article TFEU covers the exclusive competences of the EU

A

Article 3

66
Q

What Article TFEU covers shared competences of EU

A

Article 4

67
Q

What Article TFEU gives competences to support, coordinate and supplement national policies?

A

Article 6

68
Q

What Treaty governs the competence areas of the EU?

A

TFEU

69
Q

What Article and Treaty covers the principle of subsidiarity?

A

Article 5(3) TEU

70
Q

Article 5(3) TEU

A

Principle of subsidiarity

71
Q

What is the principle of subsidiarity?

A

Legislative power can only be used if objective ‘would be better achieved at Union level’

72
Q

What does the principle of subsidiarity mean for national Parliaments?

A

Proposals will be sent to them to comment on any possible grounds of violation of subsidiarity principle

73
Q

What is the practical reality of the principle of subsidiarity and the intervention of national Ps?

A

CJEU has never struck down a measure on the grounds of violation of subsidiarity - more political than legal limit

74
Q

Article 6(1) TEU

A

Charter is not incorporatred but has the same legal value as Treaties

75
Q

Which Article in which Treaty states that the Charter is not incorporated but has the same legal value as Treatues?

A

Article 6(1) TEU

76
Q

Which two countries negotiated a Protocol to limit the Charter under Article 6(1) TEU

A

UK and Poland

77
Q

What two provisions are in the Protocol to limit the Charter

A

No court can find law of UK/Poland inconsistent with rights/freedoms/principles, and requires national provision to make rights in Title IV justiciable

78
Q

Article 1(1) Protocol TEU

A

No court can find law of UK/Poland inconsistent with rights/freedoms/principles

79
Q

Article 1(2) Protocol TEU

A

National provision needed to make rights in Title IV Charter justiciable

80
Q

What two problems does Craig give with the Protocol negotiated by UK and Poland in TEU?

A

Politically, UK signd EU Constitution without any such reservations, and LEGALLY Article 1(2) places a substantive limit on solidarity rights

81
Q

Article 6(2) TEU

A

Accession of the EU to the ECHR

82
Q

What Article of the TEU allows for accession of the EU to the ECHR?

A

Article 6(2) TEU

83
Q

Who believed the rejection of the Constitutional Treaty to be ‘damaging’ and ‘politically significant’?

A

Burca

84
Q

What does Burca believe the referendum rejections of the Constitution show?

A

Insufficient degree of ‘double legitimacy’ between national democratic delegation and directly democratic nature of EU P

85
Q

Why is Burca critical of the fast-tracking of the Lisbon Treaty?

A

He believes popular frustration and alienation can only be addressed by democratic participation, not by removing such participation

86
Q

Who highlighted that the Treaty of Lisbon retained the major institutional reforms from the Constitution?

A

Burca

87
Q

Who suggested opposition to new Treaties appears to come primarily from the left?

A

Burca

88
Q

What did Burca suggest is the cause of opposition to new Treaties from the left?

A

Move to the right within the EU

89
Q

Who highlighted the continuing tension between a federalist and functionalist approach in EU?

A

Burca

90
Q

What two approaches did Burca see as struggling against each other?

A

Federalist and functionalist

91
Q

How did Burca criticise the ‘secretive process of drafting and adopting the Lisbon Treaty’?

A

He called it ‘regressive’, ‘low-profile, executive-led intergovernmentalism’

92
Q

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’?

A

Craig

93
Q

What were the two problems Craig highlighted with the concept of exclusive competence

A

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

94
Q

Article 2(2) TEU

A

Automatic pre-emption of Members - they can only exercise a power to the extent that the EU has not

95
Q

What two problems did Craig find with Article 2(3) TEU (third area of competence)

A

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

96
Q

Name at least two major institutional reforms carried from TECE to TEU

A

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

97
Q

What was the altered power hierarchy in TEU, carried over from TECE?

A

President incumbent for 2 1/2 or 5 years

98
Q

What was the effect on the Council in TEU?

A

Joint legislative and budgetary function with EU P

99
Q

What was the effect of the Commission in TEU?

A

Altered size and formally enshrined right of legislative initiative

100
Q

What was the effect on the EU P in TEU?

A

Power of ‘delegated acts’, co-decision procedure with Council and extended to new areas

101
Q

Article 289 TFEU

A

Legislative acts

102
Q

Article 290 TFEU

A

Non-legislative acts of general application

103
Q

Article 291 TFEU

A

Implementing acts

104
Q

How does Craig believe the hierarchy of norms has been maintained at least a bit?

A

Through the distinction between legislative acts, non-legislative acts of general application and implementing acts in TFEU

105
Q

What does Craig believe is the implication of preserving a hierarchy of norms at least in part?

A

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

106
Q

What does Craig believe the Commission hope will be the result of preserving the hierarchy of norms at least in part?

A

Ex ante and post constraints on delegated acts may lead to Members modifying Comitology oversight mechanisms

Law Second Year (62 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions