EUROPEAN INSTITUTIONS AND POLICIES Flashcards
Date of Schuman declaration
May 9 1950
Schuman Declaration:
creation of a strategic economic association
Treaty of Paris DATE
1951
Treaty of Paris
creation of the ECSC (common market in this area (restriction on production, freedom of circulation, etc))
Treaty of Rome DATE
1957
Treaty of Rome
Euratom Community and European Economic Community (freedom of circulation of goods, people…)
ECSC =
European Coal and Steel Community
institutions created by the treaties of Paris and Rome
- High authority
- Special Council of Minister
- Common Assembly
- Court of justice
DATE and countries : first enlargement
1973 –> Denmark, UK, Ireland
DATE and country : 2nd enlargement
1981 –> Greece
DATE and countries : 3th enlargement
1986 –> Spain and Portugal
DATE Single European Act
1957 came into force in 1986
Single European Act
elaunches European construction to create a European single market and ee circulation of goods, people and services
European single market put in place in ….
1982
Maastricht DATE
1992
Treaty of Maastricht
- Revising and constituent treaty => the TEU that created the European Union
- concept of European Citizenship
- Institutional level advancement
New policies: education, cultural, industrial, transport, environmental policies
community law - method - Maastricht
supra-national integration method
Common Foreign and Security Policies - Method - Maastricht
intergovernmental cooperation method (unanimity, no adoption of directives but just common position)
Cooperation on justice and home Affairs - Maastricht
(asylum, immigration) 🡺 intergovernmental cooperation
3 pillars Maastricht
- Community Law
- Common Foreign and Security Policies (Defense)
- Cooperation on justice and home Affairs (asylum, immigration)
european paradox =
cooperate more but no willingness to abandon sovereignty
With Maastricht, Europe started to have not only an economic dimension but also…
political, social and cultural
DATE treaty of Amsterdam
1997 entered in force in 1999
Treaty of Amsterdam =
More powers to the European parliament + simplification of the creation of law + material advancement for the 3 pillars
material advancement for the 3 pillars with the treaty of Amsterdam =
- 1 st pillar: Community employment policy
- 2nd pillar: Foreign policy advancement + possibility to conclude international agreements in the field of Foreign and security policy
- 3rd pillar: advancement on visas, judicial cooperation etc. policies / integration of the Schengen cooperation in the EU
≠ of the Treaty of Lisbon with the treaty establishing a Constitution for Europe
European Union absorbed the other European communities (even if they decided to maintain 2 treaties => TEU (principles and value), TFEU (framework) + some consider that some implicit pillars maintained).
DATE treaty of Nice
2001
Treaty of Nice = faillur of…
european constitution
article for the accession procedure
art 49 TUE
Copenhagen criteria, 1993
absorption of acquis Communautaire / pol: stable institutions / eco: viable market economy, competitive capacity + EU integration capacity: added in 2006
procedure for accession to EU
- opening of negotiations / Council unanimity (Comm proposition)
- negotiations within an IGC => about the Copenhagen criteria
- admission: committee opinion / EP approval / unanimous Council vote
- ratification by all Member States
during the accession program the country can…
receive some financial/admin/technical assistance + invited to take part in EU programs and agencies + to be observers in the institution.
Who said that EU was a “objet politique non-identifié“ ?
Jacque Delors
Vienna convention 1969 defined a Classic international Organization as :
A Collectivity of state established by a treaty with a constitution and a legal personality distinct from that of the Member States with common organs.
Article 1 of the TUE:
The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union
Article 2 of the TUE
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
with the legal personality, the EU can..
- Sign agreements with other on the international level
- Join other OI as a unique entity
- All the EU institutions are a common body to represent the EU
The EU has the legal personality since
Lisbon treaty (2007–>2009)
Because of some reluctance for some fields the EU has now a..
(makes it unique)
hybrid intergovernmental cooperation and supranational integration method
criteria for a federation :
- A unique territory
- A population
- Have an organized political power
- Have sovereignty
what caracteristic of a state is missing friom the EU ?
sovereignty
hierarchy in the European law system :
- Primary law
- general principles of the EU law
- international agreements
- secondary law
primary law =
European treaties, Charter of Fundamental Rights
secondary law =
directive, regulations, decisions
The european council =
art 15 TEU
Gathering of Heads of States 4 times a year
=> administrative function: lead summit, write the conclusion, set the agenda of the summit, provides the representation of common foreign policy issues
political functions of the european council =
- Sets the European Union’s objectives and prospects
- Outlines the future of the European Union, provides an orientation for the decision-making institutions
- Economic matters and external relations
constitutional functions of the european council =
- Revising the Treaties
- Vote on Member State accession
- Face of the CFSP
The european commission president =
Ursula Von Der Leyen
High representative =
- president of the foreign affair council
- Vice-president to the President of the Commission
Article 18 of the TEU
The commission role =
- Power of legislative initiative
- Executive role
- Representation function
- Guardian of the Treaties (art 17 TEU)
Council of the EU composition =
Council of ministers
President: rotating presidency => currently Hungary
Council of the EU role =
- Policy definition and coordination
- Legislative function
- Budget function
Article 16 TUE
the european parliament has a significant power since…
Lisbon
designation process european parliament
minimum of 6 members per MS (max 96) => today 720 deputies with a 5-year mandate
Direct universal suffrage election (since 1979)
Structured in European political groups and parliamentary commitees
Independence => incompatibilities
Privileges and immunities
role and responsabilities of the european parliament =
- Budgetary authority
- Co-legislator to ordinary leguslative procedure
- control of agreement (international)
- control power (commission and council
- Election of European officials:
- Indirect power of initiative
The court of justice composition =
- One judge per MS : appointed for 6 years by a common agreement of the MS + renewed every 3 years.
- 11 Advocate general
- Independence (not gave any professional activity)
court of justice : Preliminary Ruling (267 TFEU)
national jurisdiction refer a question to the Court of justice on the interpretation on the EU treaties // State refer a question on the validity of secondary law
court of justice : Failure to fulfil for obligation (258 TFEU)
possibility of the Commission to file a case against MS if he didn’t respect EU law nor applied EU law in its national law.
court of justice : Annulment (263-264 TFEU)
review of the validity of an act => cases launched by the institutions but also individual of they have any interest
court of justice : Liability of the EU (268 TFEU)
damage caused by an EU institution
court of justice : Advisory competence (218 TFEU)
(avis consultatif)
for external competence (compatibility for a proposed agreement with the treaties).
The court of auditors: art 285, 286, 287 TFUE:
Role: advisory opinions to the Commission, the Council and the EP on financial and budgetary texts.
Control competence: EU’s funds and budget => observation in special reports
(court des comptes)
The European Central Bank: art 282 TFUE
Role: to maintain price stability + support European monetary policies in the Union + Handle the Euro system (only one to authorize the issues on the Euro / define monetary policy)
The European Economic and Social Committee
consultative powers // represents the societal interest of employers, workers, civil society
the european agencies =
not defined by the treaties,
The Commission defined them as independence bodies with their own legal personality. They have their own organization.
2 types of european agencies =
- Execution agencies
- Decentralized agencies
Execution agencies =
help the Commission to issue program / exist for a set time
Decentralized agencies =
encourage cooperation + provide technical aid for policies
no limit in time like Frontex orr europol
The court has identified 3 principles of EU law :
- Immediacy of EU law
- Primacy of EU lawGU
- The direct effect of EU law
2 doctrinal conceptions of the relationship btwn domestic and international law :
- Dualism
- Monism
dualism =
2 ≠ legal systems
monism =
A unique legal system
EU is monist or dualist ?
monist
The Treaty provisions related to dualism (on regulation) =
art 268 TFEU => direct application of regulation in MS domestic law.
The Treaty provisions related to dualism (on national judges) =
art 267 TFEU => national judges are responsible for monitoring and apply EU law in the domestic order
Consequences of the Simmental Case, CJEU, 1978:
- EU law is part of national law in Member States.
- National courts and authorities must apply EU law as part of their usual duties.
The primacy of EU law in treaties =
the treaties do not mention it –> CJEU that stated the primacy principle
The primacy of EU law =
- all provisions of EU law over all provisions of national law
- biding principles over all national authorities
- National judges and provisional interim measures
- this is a retroactive principle
The primacy of EU law has been recognized by the CJEU in
Costa vs/ Enel, 1964
The direct effect had been recognized by CJEU in the
Van Gend and Loss case 1963
direct effect of the EU law =
EU law is likely to create rights and obligations directly in the domestic law. Concern MS but also individuals.
Consequences of direct effect of EU law =
- The right of individual person to invoke EU law at court
- Obligation on the national courts to guarantee the effect of this right
Criteria of the direct effect of EU law =
- Sufficiently clear + precise/complete provision
direct effect of regulation is expressly found in…
art. 288 TFEU a regulation shall have general application. It shall be binding in its entirety and directly applicable in all MS
What is the direct effect of a regulation in EU law?
Article 288 TFEU states that a regulation has general application, is binding in its entirety, and is directly applicable in all EU Member States.
Can decisions addressed to Member States have direct effect in EU law?
Yes, but only if specific conditions are met, making direct effect possible.
Under what conditions can a directive have vertical direct effect?
- The directive is clear and precise,
- It has not been transposed correctly by the state,
- The transposition period has expired,
- Recognition of direct effect is necessary to protect individual rights.
Does external EU agreements have direct effect?
Yes, but it depends on the nature and objectives of the agreement, determined case-by-case.
What does the invocability of EU law mean?
It refers to determining which provisions of EU law individuals can invoke before a national court to ensure that their EU rights are respected.
What does the primacy of EU law mean for national law?
EU law has primacy over national law, meaning it can always be invoked in national courts.
What is “invocability of substitution” in EU law?
When EU law has direct effect, it replaces conflicting national norms, and national courts must apply EU standards. Established in the Simmenthal case (CJEU, 1978).
What is “invocability of conformity” in EU law?
National courts interpret national laws as consistently as possible with EU law, without substituting national law for EU law.
What is “invocability of exclusion” in EU law?
National courts exclude the application of national provisions that contradict EU law.
What is “invocability of reparation” in EU law?
It allows state liability for breaches of EU law, allowing individuals to seek reparation through national courts, as recognized in the Francovich (1991) and Brasserie du Pêcheur (1996) cases.
What is the principle of conferral in EU law?
(principe d’attribution)
The principle of conferral means that the EU only acts within the competences conferred by Member States for specific common objectives, as outlined in Article 1 TEU, Article 5(2) TEU, and Article 48(2) TEU.
What are the two obligations imposed on the EU under the principle of conferral?
1) The EU must act within its set competences
2) the EU is limited and should not act where competences remain with Member States.
Why is choosing the correct legal basis important for EU legislation?
It determines the :
- policy area
- the extent of EU intervention, procedures
- the involvement level of EU institutions.
What happens if there’s a dispute over the correct legal basis for an EU act?
The Court of Justice may intervene and use objective criteria related to the act’s purpose and content to determine the appropriate competence.
What are implied competences in EU law?
Implied competences allow the EU to exercise powers not explicitly stated in the treaties, as established in the AETR Case (CJEU, 1971) and Article 216(1) TFEU.
What are subsidiary competences in EU law?
Subsidiary competences allow the EU to act where no specific competence is conferred and no legal basis exists, provided the action meets treaty objectives (Article 352 TFEU).
What are exclusive competences?
Exclusive competences are areas where only the EU can legislate and adopt binding acts, such as customs union and competition rules (Article 3 TFEU).
Can Member States act in areas of exclusive EU competence?
No, unless explicitly empowered by the EU or to implement EU acts (Article 2(1) TFEU).
What are shared competences in EU law?
Shared competences allow both the EU and Member States to legislate in the same area, but Member States can only act if the EU has not done so (Article 4 TFEU).
What is the principle of preemption inshared competences?
When the EU exercises a shared competence, Member States are prevented from acting unilaterally in that area.
What are support, coordination, and supplement competences?
In areas like health, culture, and education, the EU can only support, coordinate, or supplement actions of Member States without harmonizing laws (Article 6 TFEU).
What is the principle of subsidiarity in EU law?
Subsidiarity means that the EU only acts if an action is better achieved at the EU level, established to ensure decisions are made as close as possible to citizens (Article 5 TFEU)
What is the principle of proportionality in EU law?
Proportionality ensures that EU actions are necessary and do not exceed what is required to achieve treaty objectives (Article 5(4) TEU).
What is the general requirement of consistency ?
Consistency ensures that different EU policies align and support one another, especially between external and internal EU actions (Article 7 TFEU).
What is enhanced cooperation in EU law?
Enhanced cooperation allows a minimum of 9 Member States to pursue further EU objectives even if other states do not participate (Article 20 TEU).
What are opt-outs in EU law?
Opt-outs allow certain Member States to bypass specific EU policies, like Ireland’s opt-out from Schengen, without binding obligations or decision-making participation.
Why did the EU initially overlook the protection of fundamental rights?
The EU’s early focus was primarily on economic cooperation and peace among Member States, leaving fundamental rights protection to other bodies like the Council of Europe and the European Court of Human Rights (ECHR).
What role did the Court of Justice (CJ) play in developing fundamental rights within the EU?
The CJ gradually integrated fundamental rights as general principles of EU law
Which key cases contributed to the recognition of fundamental rights in EU law?
Stauder (1969) recognized fundamental rights as part of EU principles; Handelsgesellschaft (1970) included national constitutional traditions; Nold (1974) referenced international law and the ECHR.
How did the Single European Act and Maastricht Treaty contribute to the protection of fundamental rights?
he Single Act (1986) mentioned fundamental rights for the first time in EU documents, while the Maastricht Treaty included these rights as general principles in Article F, affirming ECHR values.
What led to the drafting of the EU Charter of Fundamental Rights (CFR)?
To provide clarity and modernize existing rights, the CFR was created by a convention rather than through intergovernmental negotiation, ensuring transparency and reflecting existing EU protections.
When and where was the EU Charter of Fundamental Rights first proclaimed?
The CFR was proclaimed on December 7, 2000, at the Nice European Council by the presidents of the European Parliament, the Council, and the Commission
What changes did the Lisbon Treaty bring to the CFR’s status?
The Lisbon Treaty gave the CFR the same legal value as the treaties, making it binding primary law (Article 6 TEU), though not directly incorporated in the treaties themselves.
What limitations exist on the CFR’s application due to Article 51 and Article 52 TEU?
Article 51 restricts the CFR to situations linked to EU law, while Article 52 differentiates principles from rights, allowing limited individual claims.
How does the CFR relate to the ECHR in terms of fundamental rights protection?
The CFR matches the ECHR (European Convention on Human Rights) to keep rights protection consistent.
The CFR can sometimes give more protection than the ECHR.
What did the Bosphorus case (2005) establish regarding the relationship between EU and ECHR systems?
The European Court of Human Rights (ECtHR) in Bosphorus recognized “equivalent protection” between the two systems, presuming comparable standards of rights protection.
Why has the EU’s accession to the ECHR faced challenges?
the CJEU rejected EU accession to the ECHR fearing an external judicial review by the ECtHR.
How was migration addressed in the 2024 European Council Summit?
Leaders, including Ursula von der Leyen, discussed outsourcing asylum procedures outside the EU, suggesting agreements for international protection and dignified returns.
Why is Poland opposing the Migration and Asylum Pact?
Poland, led by Donald Tusk, has security concerns about implementing the Pact due to tensions with Belarus, though the Pact was adopted in 2024.
How did the EU’s role in asylum evolve from Maastricht to Amsterdam?
Before Maastricht, asylum was solely under Member States’ control; the Amsterdam Treaty then made it a shared competence with the EU.
What is the Common European Asylum System (CEAS)?
CEAS is an EU framework aimed at promoting cooperation and solidarity among Member States in handling asylum applications and providing protection.
What is the purpose of the Dublin Regulation?
The Dublin Regulation determines which Member State is responsible for examining an asylum application, generally the first state of entry.
What is the purpose of the Dublin Regulation?
The Dublin Regulation determines which Member State is responsible for examining an asylum application, generally the first state of entry.
What role does the Eurodac Regulation play in the asylum process?
Eurodac is a database for comparing fingerprints of asylum seekers to aid in determining which country is responsible for their application under the Dublin Regulation.
What does the Asylum Application Procedures Directive regulate?
It sets standards for processing asylum applications, including the right to legal assistance and interview procedures.
What does the Reception Conditions Directive ensure?
It establishes minimum living standards for asylum seekers while they await decisions on their applications.
What criteria does the Qualification Directive define?
It outlines standards to determine who qualifies as a refugee or as eligible for subsidiary protection and details the protections granted to them.
What is the European Green Deal?
An EU plan to make Europe climate-neutral by 2050, cutting emissions by 50-55% by 2030.
European Green Deal : focus areas
- Renewable energy
- Circular economy
- Sustainable agriculture
- Support for regions transitioning to green jobs
full direct effect
both horizontal and vertical
partial direct effect
only vertical
No direct effect
certains provisions do not produce direct effect at all
ex (EU’s objectifs)
direct effect for regulations
automatic direct effect
direct effect for decisions
- automatic direct effect for individuals
- automatic direct effect for MS only if confers rights on individuals
Direct effect principal of european directives : case CJ
Van duyn vs Home office 1974
Why invoke EU law ?
- protect their EU-derived rights
- Harmonize national and EU law
competence categories clarified by….
Lisbon
A priori political control
Commission decide if EU has to intervene and wich institution
A posteriori judicial control review
The court of justice verifies if the Commission’s justifications for EU action are valid
