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EU Law > Important Treaty Provisions > Flashcards

Important Treaty Provisions Flashcards

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1
Q

Accession to the EU

A

Article 49 TEU

  • any European state which respects the values of Article 2 and is committed to promoting them may become a member of EU.
  • applicant addresses its application to council, which will consult the Commission and must receive consent of EP also.
  • ratification of agreement needed by all MS.
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2
Q

What is the ‘Copenhagen Criteria’?

A

For accession into EU. Est.1993 and requires:

  • stability of institutions requiring democracy
  • the rule of law and HR inc. respect for minorities
  • a functioning market economy
  • the capacity to cope with Community market forces
  • adherence to the aims of political, economic, and monetary union
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3
Q

Secession?

A

Article 50 TEU

  • in accordance w/MS’s own constitutional requirements
  • MS must notify Council of its intention to withdraw
  • Treaties cease to apply from the date of entry into force of withdrawal agreement, or failing that, 2 years after notification to Council, unless the Council along w/MS concerned unanimously agree to extend this.
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4
Q

How did we hold an EU Ref?

A

EU Referendum Act 2015

- made provision for referendum to take place over whether UK should remain member of EU or not.

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5
Q

Legal challenge to Brexit?

A

R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768
- the legal challenge to the UK gov intention to use crown prerogative in order to trigger Article 50.

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6
Q

Where can you find: union values, basic principles, subsidiarity, proportionality?

A

Articles 1-7 TEU

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7
Q

Where can you find: democratic principles eg role of national parliament, commitment to citizen’s initiative?

A

Articles 9-12 TEU

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8
Q

Where can you find: the institutions?

A

Articles 13-19 TEU

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9
Q

Where can you find: enhanced cooperation?

A

Article 21 TEU

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10
Q

Where can you find: common foreign and security policy?

A

Articles 21-46 TEU

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11
Q

Where can you find: provision on treaty changes, accession, withdrawal?

A

Articles 48-55 TEU

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12
Q

What makes Charter of Fundamental Rights legally binding?

A

Article 6(1) TEU

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13
Q

Where can you find: principles?

A

Part 1 - Articles 1-17 TFEU

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14
Q

Where can you find: Non-discrimination and Citizenship of the Union?

A

Part 2 - Articles 18-25 TFEU

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15
Q

Where can you find: Union policies and internal actions (free movement of goods; agriculture; free movement of persons, services, and capital; visas, asylum and immigration; transport; competition; economic and monetary policy; common commercial policy; customs cooperation; social policy; education, vocational training, and youth; public health; consumer protection; trans-European networks; industry; economic and social cohesion; research and technological development; development cooperation; energy; tourism; civil protection; administrative cooperation.

A

Part 3 - Articles 26-197 TFEU

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16
Q

Where can you find: Association of the Oversees Countries and Territories?

A

Part 4 - Articles 198-204 TFEU

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17
Q

Where can you find: External Action by the Union?

A

Part 5 - Articles 205-222 TFEU

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18
Q

Where can you find: Institutional and Financial Provisions?

A

Part 6 - Articles 233-334 TFEU

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19
Q

Where can you find: General and Final Provisions?

A

Part 7 - Articles 335-358 TFEU

20
Q

Article 2 TEU?

A

The values of the Union, respect for human dignity, the rule of law, democracy, equality, freedom, etc.

21
Q

Article 3 TEU?

A

Union’s aim is to promote peace, its values, the well-being of its peoples. Offer its citizens an area of freedom, security, justice. Establish an internal market. It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child. It shall promote economic, social and territorial cohesion, and solidarity among Member States.

22
Q

Competences of the EU?

A

Article 4 TEU

  1. In accordance with Article 5, competences not conferred upon the Union in the Treaties remain with the Member States.
  2. The Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. In particular, national security remains the sole responsibility of each Member State.
23
Q

Limits of EU competences?

A

Article 5(1) TEU - principle of conferral limits this.

The limits of Union competences are governed by the principle of conferral. The use of Union competences is governed by the principles of subsidiarity and proportionality.

Under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States.

24
Q

Subsidiarity?

A

Article 5(3) TEU

Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.

The institutions of the Union shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality. National Parliaments ensure compliance with the principle of subsidiarity in accordance with the procedure set out in that Protocol.

25
Q

Proportionality?

A

Article 5(4) TEU:

Under the principle of proportionality, the content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties.

The institutions of the Union shall apply the principle of proportionality as laid down in the Protocol on the application of the principles of subsidiarity and proportionality.

26
Q

Exclusive Competence?

A

Article 3 TFEU

27
Q

Shared competence?

A

Article 4 TFEU

28
Q

Supporting competence?

A

Article 6 TFEU

29
Q

Reasoning of Union acts obligation?

A

Article 296 TFEU
- reasons on which they are based must be stated, referring to any proposals, initiatives, recommendations, requests, or opinions required by the treaties.

30
Q

Where can I find: citizen’s initiative?

A

Article 11(4) TEU

31
Q

Where can I find info on legislative procedures?

A

Article 289 TFEU

  1. The ordinary legislative procedure shall consist in the joint adoption by the European Parliament and the Council of a regulation, directive or decision on a proposal from the Commission. This procedure is defined in Article 294.
  2. In the specific cases provided for by the Treaties, the adoption of a regulation, directive or decision by the European Parliament with the participation of the Council, or by the latter with the participation of the European Parliament, shall constitute a special legislative procedure.
  3. Legalactsadoptedbylegislativeprocedureshallconstitutelegislativeacts.
32
Q

QMC?

A

Article 238(3)(a)

33
Q

Ordinary legislative procedure?

A

Article 294 TFEU

34
Q

Special legislative procedure?

A

Article 289(2) TFEU

35
Q

EU legislative acts?

A

Article 288 TFEU

36
Q

Common foreign and security policy legislation?

A

Articles 25-29 TEU.

37
Q

Indirect effect

A

Article 4 TEU

  • principle of sincere cooperation, the Union n MS shall, in full mutual respect, assist each other in carrying out the tasks which flow from the treaties
  • the MS shall take all appropriate measure to ensure fulfilment of obligations arising out of the treaties or acts of EU institutions
  • the MS shall facilitate the achievement of the Union’s tasks n refrain from any measure which could jeopardise the attainment of the Union’s objectives.
38
Q

The Court of Justice?

A

Article 19 TEU

Article 253-255 TFEU - appointment procedure, expert panel.

39
Q

Advocates-General? Who are they?

A

Article 252 TFEU. Provide the court with a legal opinion as to how something should be interpreted/best be resolved. What they say is delivered in court and is open for the public to read, but it is NOT BINDING however, and the CJEU can depart from what they say.

40
Q

Court of Justice

A

Composition (articles 19 TEU and 251-256 TFEU)

  • 28 judges (one per MS)
  • 11 advocates general to issue ‘reasoned submissions’ to the Court
  • chambers - Article 251 TFEU - permits court to sit in chambers of 3 or 5, as well as in the Grand Chamber - 15 upon request of MS or institution that is party to proceedings in particularly important/complex cases, or in FULL COURT (exceptionally important cases, actions for dismissal of the Ombudsman or a Commissioner).
  • jurisdiction =
  • DIRECT ACTIONS against MS (articles 258-260) and EU institutions (articles 263, 265, 268/340(2) TFEU).
  • APPEALS FROM GENERAL COURT (ON POINTS OF LAW ONLY) art.256
  • INDIRECT ACTIONS ie via national court: preliminary rulings under article 267 TFEU.
41
Q

Preliminary reference procedure

A

Article 267 TFEU - ask the court how to best interpret a provision of EU law.

Can also challenge the validity of EU legislation/measures directly before the CJEU under article 263, or national courts can refer to the CofJ on the Q over whether or not that provision is legal.

Official working language of the court is French but matters can be brought to the court in any of the languages of the 28 MS (24 languages).

42
Q

General court

A

Composition (article 254 tfeu): at least 1 judge per MS; no advocates-general, chambers of 3 or 5 judges, as a single judge, grand chamber, or full court.

Jurisdiction (article 256 tfeu) eg actions brought by MS vs commission, actions brought by legal persons against an act of a union institution (articles 263/265 tfeu) and damages brought by natural or legal persons for damages against The eu institutions (art 268/340(2) tfeu).

43
Q

Special courts?

A

Article 257 TFEU
The EP and Council, acting in accordance with OLP, may establish Specialised courts attached to the general court to hear and determine at first instance certain classes of action or proceeding brought in specific areas.

Only one created so far - the Civil Service Tribunal - 7 members, sit in chambers of 3, appeal to general court on points of law only.

44
Q

Court of Justice procedure (6 steps)

A

Governed by Protocol No23 attached to the Treaties& the respective rules of procedure. 2 stages: written and oral. Generally:

  1. Case lodged b4 court
  2. If DIRECT ACTION: application served on other party; one month to lodge defence; if INDIRECT ACTION (article 267 tfeu) parties, all MS and the institutions have 2 months within which to submit written observations.
  3. PREPARATORY INQUIRY if necessary, date set for ORAL HEARING.
  4. ORAL HEARING
  5. OPINION OF ADVOCATE GENERAL - detailed analysis of facts and legal aspects of the case, proposes solution, delivered in open court, but remember not binding in the court.
  6. Deliberation and judgement - draft judgement prepared, confidential judicial deliberations, final agreed text (ie no dissenting judgements) delivered in open court (NB if INDIRECT ACTION, judgement sent by Registrar to national referring court).
45
Q

Commission Enforcement

A

Article 17(1) TEU - commission shall ensure the application of the treaties, oversee application of Union law.

Article 258 TFEU: if commission considers an MS has failed to fulfil obligation under the Treaties, it shall deliver a reasoned opinion on the matter after giving the MS concerned the opportunity to submit its observations. If the MS does not comply w/the opinion within the period laid down by the commission, the latter may bring the matter before the court.

Article 258 proceedings are initiated by the Com in response to a complaint received, or on its own initiative. May be applied where a MS - by Act or omission - breaches any binding obligation under Union law.

NOTE: a MS can be held liable for actions done by an organ of the state (commission v Belgium 1970), a private organisation under the control of the state (commission v Ireland 1982), or private actors, if MS was in position to prevent or terminate their conduct (commission v France 1997 - Spanish strawberries).

46
Q

Review of Union Acts

A

Article 263 - action for annulment - CJEU shall review the legality of legislative acts

EU Law (2 decks)

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