Future of the EU Flashcards

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1
Q

Key challenges

A

a) Principle of ever closer union
b) Challenges to primacy of EU law
c) Challenges to liberal democracy in MS

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2
Q

Problem 1: Principle of ever closer union

A

General trend of intensifying integration, in particular functional integration involving technical areas of policy

  • Supplemented by spillover effect
    a) Extension of EU competence to new ones
    b) Adaption of voting rules
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3
Q

Current status of ever closer union

A

Limited spillover effect

  • Exacerbated by progressive end of ‘permissive consensus’
  • Difficulties faced by France, Denmark, UK in ratifying Maastricht Treaty
  • Rejection of Constitutional Treaty in 2005 by referendum in France and Netherlands
  • MS desire to maintain current level of integration rather than further integration or disintegration but EU system not designed to stand still that way
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4
Q

Case studies for ever closer union

A

a) Voting rights
b) Eurozone crisis
c) Free movement of people

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5
Q

Voting rights case study

A

Hard to change the law in the EU

  • Key areas still subject to unanimous approval, veto powers
  • Once law passed, impossible to amend e.g. Citizenship Directive post-Metock
  • Problematic for evolving areas eg envt policy
  • Strict Qualified Majority threshold at the least
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6
Q

Current EU law making procedure

A

a) Commission proposes
b) Council must approve by unanimity or qualified majority
c) EP has a veto or right to be consulted

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7
Q

Eurozone case study

A

The “half built” house

Common interest rate regardless of whether individual economies are in boom or recession

Spillover demands integration of fiscal policy but there is political resistance e.g. Finnish-Italy, Slovakia-Greece

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8
Q

Free movement of people case study

A

Expanded interpretation of citizenship rights (Grzelcyzk, “financial solidarity”
Effect:
Mass exodus from Eastern to Western Europe
Welfare tourism - travel to get rights

Now restrictive approach (Dano, Alimanovic)
Restrictions not limitations on EU citizenship but objectives of the directive
No self-sufficiency, no right of residence/equal treatment

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9
Q

Problem 2: Challenge to primacy of EU law - Germany

A

GCC’s acceptance of primacy is not absolute (Gauwiler

  • Democratic deficit
  • Lack of demos
  • Core constitutional identity of Germany
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10
Q

Other examples of legal challenge to EU law primacy - UK

A

HS2

  • Presumption that ECA 1972 intended primacy, but it was only ONE of many constitutional statutes
  • Qualified acceptance of primacy than Factortame 2
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11
Q

Other examples of legal challenge to EU law primacy - Denmark

A

Ajos

  • Refusal to apply Mangold (general principles)
  • Cannot set aside national law since Accession Act did not confer sovereignty to that extent
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12
Q

Other examples of legal challenge to EU law primacy - Hungary

A

Drinoczi

  • Fundamental rights review and ultra vires review (sovereignty + identity review)
  • Constitutional self-identity is fundamental value that is merely recognised by Fundamental Law, cannot be renounced
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13
Q

Problem 3: challenge to liberal democracy (rule of law, rights violations)

A

Integration relies on national courts being willing to enforce EU law against national governments (Van gen en Loos)

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14
Q

Current processes

A

Commitment to fundamental rights and liberal democracy enshrined in accession process (Art 6 TFEU)

Internal process is lacking, unclear when human rights or democracy is breached

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15
Q

Solutions for internal processes

A

a) Art 7 TEU
b) Judicial action
c) Financial pressure

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16
Q

Article 7 TEU

A

Polish and Hungarian governments

  • Art 7 process triggered in Sept 2018
  • No majority to trigger the sanctions
  • Poland and Hungary to back each other
  • Assumption: no more than 1 state breaching at a time
17
Q

Judicial action

A

Individual challenges by Commission

18
Q

Judicial action - Hungary

A

Commission v Hungary (age discrimination when it fired judges by reducing retirement age)
- By the time ruling made, new judges already in post

19
Q

Judicial action - Poland

A

a) Celmer (if rule of law broke down until transfers of people to Poland under EU Arrest Warrant should be suspended?)
- Mutual recognition
- Transfer can be suspended in high risk of unfair trial in case

b) Commission v Poland (legislation by Polish government to increase control over Polish judiciary)
- Interim injunction to suspend firing based on Art 19(1) TFEU

20
Q

Financial pressure

A

Poland and Hungary some of biggest beneficiaries of EU funding e.g. Poland backed down - 90% of public infrastructure backed by EU

Multi Annual Financial Framework where there is rule of law conditionality in EU funding
- But more power to Commission, so opposed by Council legal service