EU Law - Slides Flashcards
What are the five exclusive competences of the EU?
customs union
competition rules for the single market
monetary policy for the eurozone countries
trade and international agreements (under certain circumstances)
marine plants and animals regulated by the common fisheries policy
Which is the latest European Union Treaty?
Treaty of Lisbon, 2009
In the early stages of the European Union (EU), integration of economic sectors primarily focused on specific industries vital for economic recovery and cooperation among member states. Which three economic sectors were these?
The key economic sectors addressed by the early EU included:
Coal and Steel: The European Coal and Steel Community (ECSC) was established in 1951 to integrate the coal and steel industries of its member states. This sector was crucial for post-World War II reconstruction and economic recovery, and its integration aimed to prevent future conflicts over these essential resources.
Agriculture: The Common Agricultural Policy (CAP) was developed in the 1960s to modernize agricultural production, improve productivity, ensure a fair standard of living for farmers, stabilize markets, and guarantee food supplies within the European Economic Community (EEC). Agriculture was a significant sector in many member states, and its integration was essential for ensuring food security and economic development.
Energy: The European Atomic Energy Community (Euratom) was established in 1957 to coordinate and regulate nuclear energy activities among its member states. This sector aimed to promote peaceful uses of nuclear energy, ensure adequate supplies of nuclear materials, and enhance safety standards across Europe.
According to the Professor, what were the three steps of the Creation of the EU?
Integration of Economic Sectors —- —— Creation of Common market (four freedoms, internal market) —– Economic integration
Integration of Economic Sectors: Economic integration begins with the cooperation and integration of economic sectors across different countries or regions. This might involve harmonizing regulations, reducing trade barriers, and facilitating the flow of goods, services, capital, and labor across borders.
Creation of Common Market: The creation of a common market represents a deeper level of economic integration. In a common market, member states remove most internal barriers to trade and establish common policies towards non-member countries. The key concept here is the “four freedoms,” which are:
Free movement of goods
Free movement of services
Free movement of capital
Free movement of persons (labor)
Internal Market: The common market evolves into an internal market, where goods, services, capital, and labor can move freely without barriers or discrimination within the entire economic area. This internal market fosters competition, economies of scale, and specialization, leading to increased efficiency and growth.
Economic Integration: Overall, this process of economic integration aims to deepen economic ties between countries or regions, leading to closer cooperation, increased trade, investment, and economic growth. It typically involves various stages, starting from sectoral cooperation and culminating in the establishment of a fully functioning internal market or economic union.
What is the difference between functionalism and federalism?
Federalism:
Federalism advocates for a system of government where power is divided between a central authority and individual constituent units (such as states or provinces).
In a federal system, both the central government and the constituent units have independent powers and responsibilities, and they each derive their authority from a common constitution.
Federalism often involves a clear delineation of powers between the central government and the constituent units, with certain powers reserved exclusively for each level of government.
Examples of federal states include the United States, Germany, and Switzerland.
Functionalism:
Functionalism is a theory of international relations that advocates for gradual and pragmatic integration of states based on functional cooperation in specific policy areas.
Unlike federalism, functionalism does not necessarily entail the establishment of a strong central government with authority over all policy areas.
Instead, functionalism focuses on addressing common functional needs (such as economic cooperation or security) through incremental steps of integration.
Functionalists believe that cooperation in specific areas can lead to spill-over effects, where success in one area of cooperation generates momentum for further integration in other areas.
While functionalism may eventually lead to political integration, it does not necessarily aim for the creation of a fully-fledged federal state with a single prime minister or central government.
Does the EU follow federalism or functionalism?
The European Union (EU) is a unique entity that incorporates elements of both federalism and functionalism, but it is not strictly defined by either concept. However, if we were to compare the EU more closely to one of the two, it would align more closely with functionalism.
Here’s why:
Functionalism in the EU:
The EU has evolved through a series of functionalist approaches, starting with the establishment of economic communities like the European Coal and Steel Community (ECSC) and the European Economic Community (EEC).
Functionalism in the EU emphasizes gradual integration through cooperation in specific policy areas, such as trade, agriculture, and energy. Success in these areas has led to spill-over effects, prompting further integration in other sectors.
The EU’s method of governance involves multiple institutions and decision-making processes, reflecting a pragmatic approach to addressing common functional needs among its member states.
While the EU has made significant progress in economic integration and functional cooperation, it has not evolved into a federal state with a single central government or prime minister.
Federalism in the EU:
While the EU shares some characteristics with federal states, such as the division of powers between the European institutions and member states, it does not fully meet the criteria of federalism.
The EU lacks certain features of federalism, such as a comprehensive constitution that clearly delineates the powers of the central government and member states.
Additionally, the EU’s decision-making processes often involve consensus-building and negotiation among member states, rather than a strict hierarchical division of powers as seen in federal systems.
In conclusion, while the EU incorporates elements of both federalism and functionalism, it aligns more closely with functionalism due to its emphasis on gradual integration through functional cooperation in specific policy areas, rather than the establishment of a fully-fledged federal state.
Is the EU a supranational entity?
Yes, the European Union (EU) is often considered a supranational entity. Supranational refers to a level of authority or power that exists above the level of individual nations.
What does Art. 107 of the Lisbon Treaty refer to? (Art. 107 TFEU)
Article 107 of the Treaty on the Functioning of the European Union (TFEU), as amended by the Treaty of Lisbon, deals with state aid. It outlines the rules and limitations regarding the granting of aid by member states to certain entities, such as businesses, which could distort competition within the EU’s single market.
Here’s a summary of the key points of Article 107 TFEU:
Prohibition of State Aid: Article 107(1) prohibits any aid granted by a member state or through state resources that distorts or threatens to distort competition by favoring certain undertakings or the production of certain goods.
Exceptions: Article 107(2) and (3) list specific cases where state aid may be considered compatible with the EU’s internal market. These exceptions include aid with a social character, aid to remedy a serious disturbance in the economy of a member state, and aid to promote the execution of an important project of common European interest.
Recovery of Incompatible Aid: If the European Commission finds that aid is incompatible with the internal market, it may require the member state to recover the aid from the beneficiary. This ensures that competition is not unfairly distorted within the EU.
What are the different objectives of the NATO, the OECD, and the Council of Europe?
NATO: its primary focus is on collective defense and security.
OECD: Economic policies and cooperation.
Council of Europe: democracy, human rights, and the rule of law across Europe.
NATO and OECD also promote democracy, human rights, and the rule of law.
Which are the three most important points in the history surrounding the establishment of the EU?
1) The end of WWII: Political and economic construction of Europe
2) Marshall plan
3) Establishment of several multilateral organizations: NATO, OECD, Council of Europe
What was the conflict between Germany and France after WWII?
After World War II, both France and Germany recognized the strategic importance of controlling key raw materials and commodities for economic and military purposes. There were concerns among European nations, including Germany, about potential French dominance in the post-war European order due to its industrial and military capabilities. The Saar and Ruhr regions were historically significant for their coal and steel production, and they were subject to territorial disputes between France and Germany in the aftermath of World War II.
What was Jean Monnet’s proposal on resolving the conflict between Germany and France?
Jean Monnet contributed significantly to the creation of the European Coal and Steel Community (ECSC) by co-authoring the Schuman Declaration with French Foreign Minister Robert Schuman in 1950. He is often referred to as the “Father of Europe” for his pivotal role in promoting European integration. Monnet’s career spanned several decades and included diplomatic roles during World War I and World War II. He played a crucial part in shaping the idea of European unity through his advocacy for supranationalism, where certain powers are transferred to a higher authority beyond individual nation-states.
What was the Schuman Declaration and Schuman Plan? Which were the three most important consequences?
The Schuman Declaration, made by French Foreign Minister Robert Schuman in 1950, outlined the proposal for the ECSC. The Schuman Plan aimed to establish a common market for coal and steel among the participating countries and create supranational institutions to oversee these industries.
Openness: The Franco-German partnership within the ECSC was open to other European countries willing to join, demonstrating a commitment to European unity and cooperation.
ECSC: The European Coal and Steel Community (ECSC) was the precursor to the European Economic Community (EEC), later known as the European Union (EU), which expanded its scope beyond coal and steel to include broader economic integration, political cooperation, and, to some extent, military cooperation.
Functionalist approach: The ECSC and subsequent European integration initiatives followed a functionalist approach, where integration in specific sectors, such as coal and steel, would lead to spill-over effects, eventually resulting in broader political and economic integration.
How is the ECSC Treaty from other treaties?
It was the only treaty that had an expiry date. 50 years - 1952 until 2002.
Did the ECSC Treaty follow a functionalist or federalist approach?
functionalist approach through “spheres of activity” (fonctions)
How was the ECSC Treaty leading in establishing institutions? What institutions did it establish?
Council of Ministers
Balance of powers in favour of HA
Common Assembly (consultative body + power to dismiss the High Authority)
Consultative Committee
Court of Justice (implementation of the Treaty and secondary legislation)
What are the six characteristics that describe the EU as a supranational institution? Which two only exist in the EU?
Majority voting rule in decision-making institutions: This is a common feature in the EU, where decisions are often made through qualified majority voting, especially in bodies like the European Council and the Council of the European Union.
Power to bind outvoted states through majority voting: This is a key aspect of supranationalism, where decisions made by the EU can be binding on member states, even if some member states oppose them.
International court with compulsory jurisdiction: The European Union has the European Court of Justice (ECJ), which indeed has compulsory jurisdiction over EU law and its interpretation.
Own resources: The EU has its own budget and resources, which it collects through various means including contributions from member states and revenue from sources like customs duties.
Direct effect (EU only): This principle allows certain provisions of EU law to be directly applicable and enforceable within member states’ legal systems without the need for national implementing legislation. The General Data Protection Regulation (GDPR) is a notable example of EU law with direct effect.
Primacy of European law over the law of member states (EU only): This principle, established by the ECJ, means that EU law takes precedence over national laws of member states. It ensures uniform application and interpretation of EU law across all member states.
The ECSC had its own budget, how did that come about?
The member states were obligated to share revenue from the two sectors (steel and coal) to the institution.
What are the different forms of economic integration? By what factors do they differ?
Different forms of economic integration, each representing varying levels of cooperation and shared policies among member states.
Free trade area: This is the most basic form of economic integration, where member countries agree to remove tariffs and other barriers to trade among themselves. However, each member retains its own policies regarding trade with non-member countries. Examples include the North American Free Trade Agreement (NAFTA, replaced by the United States-Mexico-Canada Agreement or USMCA) and the European Free Trade Association (EFTA).
Customs union: In a customs union, member states not only eliminate tariffs and trade barriers among themselves but also adopt a common external tariff policy towards non-member countries. This means that all member countries apply the same tariffs to imports from outside the union. An example is the Southern Common Market (Mercosur).
Common market: This represents a deeper level of economic integration than a customs union. In addition to free trade and a common external tariff, a common market allows for the free movement of goods, services, capital, and labor among member states. The European Union’s Single Market is the most well-known example of a common market. It goes beyond a customs union by also facilitating the free movement of people and capital across borders, in addition to goods and services.
Why was the Messina Conference in 1955 important?
The Messina Conference in 1955 marked a significant step towards European integration. It was convened to discuss the future of European cooperation, particularly in the economic sphere, following the establishment of the European Coal and Steel Community (ECSC) in 1951.
The conference aimed to build upon the success of the ECSC and explore further avenues for economic cooperation among European nations. Key topics discussed at Messina included the creation of a common market, a customs union, and the expansion of the free trade area.
One of the outcomes of the Messina Conference was the drafting of the Spaak Report, named after Belgian Foreign Minister Paul-Henri Spaak, who chaired the conference. The Spaak Report laid out a vision for deeper European integration and proposed the establishment of a European Economic Community (EEC) to achieve this goal.
The report emphasized the importance of creating a common market, where goods, services, capital, and labor could move freely across national borders within a unified economic framework. It also advocated for the formation of a customs union to harmonize trade policies and tariffs among member states.
The ideas put forth in the Spaak Report ultimately laid the groundwork for the Treaties of Rome, signed in 1957, which established both the European Economic Community (EEC) and the European Atomic Energy Community (Euratom). These treaties paved the way for the creation of the European Union (EU) as we know it today, with its principles of economic integration, free trade, and common policies across member states.
In the early stages of European integration, there were differing approaches among key European nations, leading to the formation of different organizations aimed at achieving economic cooperation. Which?
French and German approach: This approach, represented by the Treaty of Rome in 1957, led to the establishment of the European Economic Community (EEC). The EEC aimed to create a customs union among its member states, which included France, Germany, Italy, Belgium, the Netherlands, and Luxembourg. A customs union not only eliminates tariffs and trade barriers among member states but also establishes a common external tariff towards non-member countries. This approach was driven by the desire to deepen economic integration and foster closer political cooperation among European nations.
British approach: The United Kingdom, on the other hand, pursued a different path towards European integration. It favored a looser arrangement focused on a free trade area rather than a customs union. This approach aimed to promote trade liberalization and economic cooperation without sacrificing national sovereignty to the extent required by a customs union. The British preference for a free trade area over a customs union reflected its concerns about ceding too much authority to supranational institutions. In response to the formation of the EEC, several European countries, including the United Kingdom, opted to form the European Free Trade Association (EFTA) in 1960. EFTA aimed to achieve the benefits of economic integration, such as tariff reduction and increased trade, without the deeper political and economic integration sought by the EEC.
The EEC set up a customs union and harmonization, how did they lead to stronger economic integration and cooperation?
The combination of a customs union and harmonization represents a deeper form of economic integration among member states. Let’s break down what each component entails:
Customs union: A customs union involves the removal of tariffs and other trade barriers between member states, as well as the adoption of a common external tariff towards non-member countries. This means that goods can move freely within the customs union without facing tariffs or quotas, but they face a common set of tariffs when entering the customs union from outside. The goal is to facilitate trade among member states while presenting a unified trade front to external partners.
Harmonization: Harmonization involves aligning regulations, standards, and policies across member states to create a more uniform regulatory environment. This can include harmonizing product standards, technical regulations, customs procedures, and other aspects of trade and commerce. By harmonizing rules and regulations, member states can reduce barriers to trade caused by differing standards and regulations, thereby promoting greater efficiency and competitiveness within the customs union.
By combining a customs union with harmonization, member states can achieve even deeper levels of economic integration and cooperation:
Harmonized regulations help ensure that goods can move seamlessly within the customs union without encountering regulatory barriers or the need for costly and time-consuming compliance procedures at borders.
A common external tariff provides a unified approach to trade negotiations and external trade relations, enhancing the customs union’s bargaining power and effectiveness on the international stage.
Together, customs union and harmonization promote economic efficiency, encourage investment and innovation, and foster closer economic ties among member states, ultimately leading to increased trade, growth, and prosperity.
After the Treaty of Rome, there was a transition period until 1969. What happened in this period?
Transitional Period (1958-1969): Following the signing of the Treaties of Rome, a transitional period was established to gradually implement the provisions of the customs union. During this time, member states worked to harmonize trade policies, remove internal tariffs, and establish a common external tariff.
Tariff Reductions and Internal Market Integration: Throughout the transitional period, member states progressively reduced tariffs and other trade barriers among themselves. This process facilitated the free movement of goods within the EEC and promoted trade integration. Additionally, efforts were made to align regulations and standards to create a more seamless internal market.
Common External Tariff (CET): An essential aspect of the Customs Union was the adoption of a common external tariff towards non-member countries. By 1969, the EEC had fully implemented a common external tariff, presenting a unified trade front to external partners and enhancing the EEC’s bargaining power in international trade negotiations.
Completion of the Customs Union: By the end of the transitional period in 1969, the Customs Union in Europe was largely realized. Member states had eliminated internal tariffs and trade barriers, adopted a common external tariff, and made significant progress towards harmonizing regulations and standards. This laid the groundwork for deeper economic integration within the EEC and set the stage for further integration efforts in the years to come.
What is Eurosclerosis?
“Eurosclerosis” refers to a period of economic stagnation and slow growth experienced by some European countries, particularly during the 1970s and early 1980s.
Several factors contributed to Eurosclerosis:
External Shocks: The global economy experienced several external shocks during this period, including the oil crises of the 1970s. These shocks led to high inflation, rising energy costs, and increased unemployment in many European countries.
Structural Weaknesses: Many European economies faced structural weaknesses, such as rigid labor markets, inefficient industries, and excessive government intervention in the economy. These factors hindered productivity growth and economic dynamism.
Welfare State Burden: The expansion of welfare state programs in many European countries placed a significant financial burden on governments, leading to high levels of public debt and fiscal deficits.
Trade Union Power: Strong trade unions exerted significant influence over labor markets, leading to wage inflation and labor market rigidities that hindered job creation and economic flexibility.
Policy Responses: In some cases, policy responses to economic challenges were insufficient or misguided, exacerbating rather than alleviating economic problems. Protectionist measures and barriers to trade also hindered economic integration and competitiveness.
Eurosclerosis represented a period of introspection for European policymakers, prompting debates about the appropriate role of government in the economy, the need for structural reforms, and the importance of fostering economic competitiveness and innovation.
Which countries joined the EU in the 1970s and 80s?
1973 → UK, Ireland, Denmark
1981 → Greece
1986 → Spain and Portugal
Which Treaty/Act is commonly considered the basis for the constitutional architecture today?
The Single European Act 1986
What is the difference between harmonization, mutual recognition, and international standards?
Harmonization: Harmonization involves setting uniform regulations and standards across all member states. This approach ensures a high level of consistency and eliminates differences in technical requirements that could create barriers to trade within the EU’s single market. The European Commission plays a central role in proposing and adopting harmonized standards, directives, and regulations that apply uniformly across member states. This approach simplifies compliance for businesses operating across borders and promotes the free movement of goods and services within the EU.
Mutual Recognition: Mutual recognition allows member states to accept standards and regulations adopted by other member states, even if they differ from their own national standards. This principle, established by the European Court of Justice, facilitates trade by reducing the need for products to undergo multiple sets of testing and certification to comply with different national regulations. However, mutual recognition relies on trust among member states that each other’s regulatory regimes provide equivalent levels of protection for consumers, workers, and the environment.
Use of International Standards: Member states often refer to internationally recognized technical standards, such as those developed by the International Organization for Standardization (ISO), in their regulatory frameworks. These standards provide a common basis for technical specifications and promote interoperability and compatibility of products and services on a global scale. While the EU may not directly set international standards, it may adopt or reference them in its harmonized regulations to facilitate trade and ensure compatibility with global markets.
The interplay between harmonization, mutual recognition, and the use of international standards reflects the EU’s approach to balancing the need for regulatory coherence and effectiveness with the principles of subsidiarity and diversity among member states. By harmonizing where necessary and relying on mutual recognition and international standards where appropriate, the EU seeks to promote economic integration while respecting the regulatory autonomy of its member states.
The Commission and the Council of the European Union have different functions in regard to foreign policy. Which?
The CSFP is under the Commission.
The signing of treaties with third countries and other IOs is with the Council of the European Union.
Which actors are contained in the triangular dynamic? What interests do they represent?
In this triangular dynamic:
The European Council provides strategic direction and political guidance, often addressing overarching issues and setting the EU’s broad priorities.
The European Parliament represents the interests of EU citizens, bringing their perspectives into the legislative process and providing democratic oversight.
The Council of the European Union represents the member states’ governments and serves as the main decision-making body, where national interests are often negotiated and compromises reached.
In what ways did the Single European Act 1986 contribute to the completion of the internal market?
The Single European Act (SEA) of 1986 indeed introduced more specific objectives for the completion of the single market within the European Community. Here are the key elements related to increased use of Qualified Majority Vote (QMV) and the establishment of a deadline for achieving the internal market:
Increased Use of Qualified Majority Vote (QMV): The SEA aimed to accelerate decision-making processes within the European Community by expanding the use of QMV in the Council of the European Union. QMV allows for decisions to be made by a majority of member states based on weighted voting, rather than requiring unanimity. This change was intended to streamline decision-making and overcome potential obstacles posed by individual member states’ objections or veto powers.
Article 110a (now Article 114 TFEU): The SEA introduced Article 110a, which later became Article 114 of the Treaty on the Functioning of the European Union (TFEU). This article provided the legal basis for the adoption of measures necessary to achieve the internal market. It empowered the European Community to take action in areas where common rules were necessary to remove barriers to the free movement of goods, services, capital, and persons within the Community. Article 114 TFEU has been instrumental in facilitating the harmonization of laws and regulations across member states to create a more integrated and competitive single market.
Deadline for Achieving the Internal Market (1992): The Single European Act set a clear deadline for completing the internal market by the end of 1992. This ambitious goal aimed to remove remaining barriers to trade and establish a fully functioning single market within the European Community. The deadline provided a sense of urgency and commitment among member states to work towards the common objective of market integration, leading to a flurry of legislative activity and reforms in the years leading up to 1992.
In what two ways did the Single European Act 1986 reinforce the role of the European Parliament?
Cooperation Procedure: The cooperation procedure, established by the Single European Act (SEA) of 1986, significantly increased the European Parliament’s legislative influence within the EU. Under this procedure, the Parliament was granted the power to give its opinion on proposed legislation alongside the Council of the European Union. If the Council did not accept the Parliament’s opinion, a conciliation committee would be formed to seek a compromise. If an agreement could not be reached, the proposed legislation would not proceed. This procedure effectively elevated the Parliament to a co-legislator alongside the Council, strengthening its role in shaping EU laws and policies.
Veto Power in Enlargement Matters: The European Parliament’s role in enlargement matters was further strengthened by granting it veto power over decisions related to the accession of new member states to the European Union. This gave the Parliament the authority to approve or reject proposed accession treaties negotiated between the EU and candidate countries. The Parliament’s ability to veto enlargement decisions underscored its role as a democratic institution representing the interests of EU citizens and ensured that the accession process was subject to democratic scrutiny and accountability.
Did the Single European Act 1986 mark a departure from the functionalist approach?
No, the Single European Act (SEA) represented a significant advancement in the functionalist approach to European integration by attributing more functions to the European Community (later the European Union) and expanding its competencies beyond the realm of economic cooperation.
What was the major breakthrough in the Single European Act 1986 in terms of foreign policy?
Establishment of Common Foreign Policy Objectives: The SEA recognized the importance of coordinating foreign policy among member states and established common foreign policy objectives for the European Community. While foreign policy remained primarily the domain of member states, the SEA paved the way for closer cooperation and alignment of national positions on international issues.
Enhanced Cooperation Mechanisms: The SEA introduced mechanisms to facilitate cooperation among member states in foreign policy matters. For example, it provided for increased consultation and coordination among member states on foreign policy issues of common interest. This included regular meetings and exchanges of information among foreign ministers to discuss international developments and coordinate responses.
How are the Simmenthal case (1978) and the Mangold case (2005) connected?
The significance of the Simmenthal case lies in its establishment of the “disapplication” principle, which allows national courts to set aside conflicting national laws and enforce EU law independently. This principle grants national courts the power of judicial review, even in countries where parliamentary sovereignty was previously considered absolute. As a result, Simmenthal indirectly overturned parliamentary sovereignty in some EU member states, empowering national judiciaries to uphold EU rights and principles.
The Mangold case mandated national courts to set aside conflicting national law if it conflicts with the principle of equality enshrined in EU law.
Why was Art. 100a of the Single European Act important? (now 114 TFEU) What were the goals?
Harmonization of Laws and Regulations: Article 100a/114 TFEU (now) provides the legal basis for the adoption of measures necessary to ensure the functioning of the internal market. This includes harmonizing laws, regulations, and administrative provisions of member states that directly affect the establishment or functioning of the internal market. By harmonizing these rules, the EU aims to eliminate barriers to trade and create a level playing field for businesses and consumers across member states.
Which was the most important Treaty of the EU?
Maastricht Treaty 1993 = Treaty of the European Union
Which were the two most important elements of the Maastricht Treaty?
Economic and Monetary Union
Subsidiarity Principle
Explain the Juxtaposition between the community method and the intergovernmental method in the Maastricht Treaty
The Maastricht Treaty introduced a juxtaposition between these two methods by incorporating elements of both into the EU’s institutional framework:
Community Method Emphasis: The Maastricht Treaty reinforced the community method in several areas, such as the expansion of co-decision powers for the European Parliament. These provisions reflected a commitment to further integration and the supranational approach to governance.
Intergovernmental Method Inclusion: At the same time, the Maastricht Treaty also incorporated elements of the intergovernmental method, particularly in areas of high national sensitivity, such as foreign and security policy. The CFSP, for example, operates primarily on an intergovernmental basis, with decisions requiring unanimity among member states.
What are the community method and the intergovernmental method?
Community Method: The community method, also known as the supranational method, is the primary approach to decision-making and policy formulation within the EU. Under this method, the European Commission proposes legislation, which is then adopted by the Council of the European Union and the European Parliament through a process of co-decision. The community method emphasizes the role of EU institutions in setting common policies and regulations, often based on the principles of shared sovereignty and integration.
Intergovernmental Method: In contrast, the intergovernmental method involves decision-making and cooperation primarily among member states’ governments. In intergovernmental processes, national governments negotiate and agree on policies and treaties through consensus-based diplomacy. Intergovernmental cooperation tends to prioritize national interests and sovereignty, with decisions requiring unanimous agreement among member states.
Which are the three pillars of the European Union established in the Maastricht Treaty?
First Pillar: European Communities
Second Pillar: Common Foreign and Security Policy
Third Pillar: Cooperation in the fields of justice and home affairs
Which are the Four Treaties the three pillars of the European Union rest on?
Treaty establishing the European Coal and Steel Community
Treaty establishing the European Economic Community
Treaty establishing the European Atomic Energy Community
Treaty on the European Union (Maastricht Treaty)
Was the Treaty of Amsterdam an innovative Treaty?
No, it was rather a revision.
Which countries joined the EU in 1995?
Austria, Sweden, Finland
The neutrals
When did the Euro become the official currency?
1st January 2002
What was the deep institutional crisis of the EU in the 1990s?
In 1999, the entire European Commission, led by President Jacques Santer, resigned amid allegations of corruption, nepotism, and mismanagement. The resignation followed a critical report by an independent panel, which highlighted deficiencies in financial controls and accountability within the Commission.
What was “la grande Europe”?
2004: la grande Europe → simultaneous accession of Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia.
What two concerns were linked to the extension of the EU in 2004 to 10 new member states?
Vertical vs. Horizontal Integration Debate: This debate revolves around the optimal approach to integration within the EU. Vertical integration refers to deepening integration in specific policy areas, such as economic and monetary union or foreign policy, among a subset of member states willing to proceed at a faster pace. Horizontal integration, on the other hand, emphasizes broadening integration across all member states, ensuring that all countries participate in and benefit from EU policies and initiatives. The 2004 enlargement brought this debate to the forefront as policymakers grappled with balancing the need for deeper integration in certain areas with the imperative of inclusivity and solidarity among all EU member states.
Social Dumping Concerns: Social dumping refers to the practice of employers exploiting differences in labor standards and wages across countries to gain a competitive advantage. Concerns about social dumping arose in the context of the 2004 enlargement, particularly with regard to the free movement of workers from Central and Eastern European countries to Western European countries with higher wages and stronger labor protections. Critics argued that this could lead to downward pressure on wages and working conditions in Western European countries, exacerbating social inequalities and undermining social cohesion within the EU. Addressing social dumping became a key issue in debates over labor mobility, social policy coordination, and the balance between economic freedoms and social rights within the EU.
In which year was the “Treaty establishing a Constitution for Europe” proposed and rejected?
2004.
With was Treaty did the European Community (and the three pillars) end?
The Lisbon Treaty 2009
In which Treaty did the the pendulum between intergovernmental and community method completely to one side?
Lisbon Treaty 2009, shift entirely to the intergovernmental method
What is the Double Treaty structure introduced in the Lisbon Treaty?
The Treaty on European Union (TEU) lays down the fundamental principles and objectives of the EU. It outlines the legal basis for the EU’s policies and institutions. The TEU also includes provisions on the functioning of the EU’s institutions, decision-making procedures, and the relationship between the EU and its member states.
On the other hand, the Treaty on the Functioning of the European Union (TFEU) elaborates on the specific powers and policies of the EU in more detail. It sets out the competences of the EU in various areas, such as the internal market, competition policy, agriculture, fisheries, transport, and more. The TFEU also defines the institutional framework within which these policies are implemented, including the roles and powers of the European Parliament, the European Council, the Council of the European Union, the European Commission, and the Court of Justice of the European Union.
How did the Lisbon Treaty 2009 improve the rights of citizens?
It allowed a greater involvement of citizens.
It made the EU Charter of Fundamental Rights binding.
The Lisbon Treaty 2009 created an equality of power between the Parliament and the Council. How?
Both can start new acts of the EU.
Which article important for the UK did the Lisbon Treaty 2009 introduce?
Article 50 of the Treaty on European Union (TEU) outlines the process for a member state to withdraw from the European Union.
Which were the three key institutional innovations in the Lisbon Treaty 2009?
Ordinary legislative procedure
Wider qualified majority voting
Art. 50 TEU
In what three ways did the Lisbon Treaty strengthen the role of citizens and national parliaments within the European Union?
Citizen Initiatives (Article 11 TEU): The Lisbon Treaty introduced the European Citizens’ Initiative (ECI), allowing citizens to directly participate in EU law-making by proposing legislation to the European Commission if they gather a certain number of signatures from EU citizens. This initiative enhances citizen engagement in the EU decision-making process and provides a direct channel for citizens to influence EU policies.
Enhanced Role of National Parliaments: The Lisbon Treaty enhanced the role of national parliaments in EU affairs by introducing the “yellow card” and “orange card” procedures. Under the yellow card procedure, if one-third of national parliaments object to a draft EU legislative proposal on the grounds of subsidiarity (the principle that decisions should be taken at the most appropriate level, usually the closest to the citizen), the European Commission must review the proposal. The orange card procedure allows national parliaments to formally object to a legislative proposal if they believe it violates the principle of subsidiarity, potentially leading to a reconsideration or withdrawal of the proposal.
Subsidiarity Principle: The Lisbon Treaty strengthened the principle of subsidiarity by explicitly stating that decisions should be taken as closely as possible to the citizens. It requires EU institutions to justify any proposed action at the EU level by demonstrating that it adds value compared to action at the national, regional, or local level. Additionally, the treaty provides national parliaments with the right to challenge EU legislation if they believe it violates the subsidiarity principle, giving them a mechanism to ensure that decisions are made at the appropriate level.
In regard to the international legal personality of the EU, what did the Treaty of Lisbon do?
It embedded the autonomous legal personality of the EU in the TEU and TFEU and clarified that it can have relationships with other international actors. It ended the Union-Community conflict by clarifying that is the only entity that can enter into agreements with other international actors.
Where can we find the provisions important for membership?
Art. 49 and 50 TEU.
Art. 49 TEU outlines the requirements for potential member states. Which are they?
The applicant state must be located in Europe.
It must adhere to the principles of democracy, rule of law, human rights, and fundamental freedoms.
What is the Charter of Fundamental Rights?
The Charter of Fundamental Rights of the European Union is a legally binding document that outlines the fundamental rights protected within the European Union. It was first proclaimed in December 2000 and became legally binding with the entry into force of the Treaty of Lisbon in December 2009. The Charter consists of 54 articles that cover a wide range of civil, political, economic, and social rights, including the right to life, dignity, freedom, equality, solidarity, and justice. It applies to the EU institutions and bodies, as well as to the member states when they are implementing EU law. The Charter aims to ensure that the rights and freedoms of individuals are respected and protected within the EU’s legal framework.
What are the values contained in Art. 2 of the TEU?
Human dignity
Freedom and democracy
Human rights
European social model: pluralism, non discrimination, tolerance, justice, solidarity, equal opportunities
What are the objectives contained in Art. 3 of the TEU?
Market + strong social model
Focus on individual rights
Non discrimination
Protection of the environment
Peace and international security (obj. in external action)
Art. 5 TEU embodies two important principles in functionalism, which?
Article 5 of the Treaty on European Union (TEU) indeed embodies two important principles in functionalism:
Principle of defining competences: This principle, outlined in Article 5 para 1 TEU, refers to the delineation of competences within the European Union. It essentially lays down the areas where the EU has authority to act, defining the scope of its powers.
Principle of attribution: Article 5 para 2 TEU establishes the principle of attribution, which dictates that the EU is only competent to act within the limits of the competences conferred upon it by the member states through the treaties. In other words, the EU can only exercise powers explicitly granted to it by the member states and cannot go beyond those boundaries without the consent of the member states. This principle ensures that the EU operates within its designated sphere of influence and respects the sovereignty of its member states.
Where can we find the principle of subsidiarity and proportionality?
When do they apply?
Art. 5 para. 3 and 4 TEU
In areas where the EU does not have exclusive competence.
What was the first directive that was declared void in the EU and why?
The first directive declared void by the Court of Justice of the European Union (CJEU) was the Data Retention Directive 2006/24/EC, as outlined in your initial description. This directive mandated the retention of certain traffic and location data by providers of electronic communications services. The CJEU declared it invalid in 2014 due to its serious interference with fundamental rights to privacy and personal data protection, as well as its disproportionate nature.
What does the “Obligation to State Reasons” entail within the EU? Why is the Obligation to State Reasons important in EU decision-making?
This refers to the requirement for EU institutions to provide clear and transparent justifications for their decisions. This obligation ensures accountability and allows for effective judicial review by the ECJ. When EU institutions make decisions, they must articulate the reasons behind those decisions to demonstrate compliance with EU law and principles.
