Important Treaty Provisions Flashcards
Accession to the EU
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.
What is the ‘Copenhagen Criteria’?
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
Secession?
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.
How did we hold an EU Ref?
EU Referendum Act 2015
- made provision for referendum to take place over whether UK should remain member of EU or not.
Legal challenge to Brexit?
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.
Where can you find: union values, basic principles, subsidiarity, proportionality?
Articles 1-7 TEU
Where can you find: democratic principles eg role of national parliament, commitment to citizen’s initiative?
Articles 9-12 TEU
Where can you find: the institutions?
Articles 13-19 TEU
Where can you find: enhanced cooperation?
Article 21 TEU
Where can you find: common foreign and security policy?
Articles 21-46 TEU
Where can you find: provision on treaty changes, accession, withdrawal?
Articles 48-55 TEU
What makes Charter of Fundamental Rights legally binding?
Article 6(1) TEU
Where can you find: principles?
Part 1 - Articles 1-17 TFEU
Where can you find: Non-discrimination and Citizenship of the Union?
Part 2 - Articles 18-25 TFEU
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.
Part 3 - Articles 26-197 TFEU
Where can you find: Association of the Oversees Countries and Territories?
Part 4 - Articles 198-204 TFEU
Where can you find: External Action by the Union?
Part 5 - Articles 205-222 TFEU
Where can you find: Institutional and Financial Provisions?
Part 6 - Articles 233-334 TFEU
Where can you find: General and Final Provisions?
Part 7 - Articles 335-358 TFEU
Article 2 TEU?
The values of the Union, respect for human dignity, the rule of law, democracy, equality, freedom, etc.
Article 3 TEU?
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.
Competences of the EU?
Article 4 TEU
- In accordance with Article 5, competences not conferred upon the Union in the Treaties remain with the Member States.
- 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.
Limits of EU competences?
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.
Subsidiarity?
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.
