Intro To EU Law Week 1 Flashcards

1
Q

United Nations (1945)

A

An intergovernmental organisation that aims to (1) maintain international peace and security (2) develop friendly relations between nations (3) achieve international cooperation and (4) be the centre of harmonising the actions of nations

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2
Q

International Monetary Fund (IMF) (1945)

A

Organisation of 190 countries working to:

  • Foster global monetary cooperation
  • Secure Financial Stability
  • Facilitate International Trade
  • Promote High Employment and sustainable economic growth
  • Reduce Poverty
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3
Q

General Agreement on Tariffs and Trade (GATT) (1947)

A

Legal agreement between nations with the purpose to promote international trade by reducing or eliminating trade barriers

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4
Q

Marshall Plan (1947)

A

European Recovery Plan, aimed to build up Europe after the war

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5
Q

Organisation for European Economic Cooperation (OEEC) - 1948

A

International Organisation works to build better policies for better lives. (Prosperity, equality, opportunity and well being)

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6
Q

NATO (1949)

A

30 Countries of Europe and North America, aims to protect the people and territory of the member-states

Principle of collective defence

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7
Q

Collective Defence

A

If one Member State is attacked, all Member States are attacked

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8
Q

Council of Europe (1949)

A

Continent’s leading Human Rights Organisation with 47 MS (27 of the EU) with its headquarters in Strasbourg

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9
Q

European Convention on Human Rights

A

International Convention to protect human rights and political freedom in Europe and is signed by all Council of Europe Members.

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10
Q

European union

A

Political and Economic Union of 27 Member States

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11
Q

EU Founding Members

A

Belgium, France, Germany, Italy, Luxembourg, The Netherlands

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12
Q

The first country to accede the EU

A

United Kingdom in 1973

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13
Q

The last country to accede the EU

A

Croatia in 2013

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14
Q

Candidate States to accede the EU

A

Albania, Montenegro, North Macedonia, Serbia, Turkey

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15
Q

Possible Candidate States to accede the EU

A

Bosnia & Herzegovina, Kosovo

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16
Q

Definition European Council

A

Decided the general direction and the priorities of the EU

Exists of all MS leaders + the President of the EU council

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17
Q

Definition European Commission

A
Proposes new law but cannot vote (Right to legislative initiative) 
27 members (1 per each MS) + president of the Commission
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18
Q

Definition European Parliament

A

Gets to adopt laws in co-decision (legislative power)

MEPs elected every 5 years, number is appropriate to the population

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19
Q

Definition Council of the European Union

A

Adopts law in co-decision (legislative power)

Exists of national ministers of the MS

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20
Q

Definition European Court of Justice

A

A supranational organisation with its headquarters in Luxembourg makes sure that MS abide by EU law
One judge from each MS

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21
Q

Definition European Central Bank

A

The Central Bank of the Eurozone, a monetary union of 19 MS which employ the euro

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22
Q

Definition European Court of Auditors

A

EUs independent external auditor that looks after the interests of EU taxpayers
No legal powers

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23
Q

Institutions of the European Union

A
  • Council of Europe
  • European Commission
  • Council of the European Union
  • European Parliament
  • Court of Justice of the European Union
  • European Central Bank
  • European Court of Auditors
24
Q

Time Line of EU Treaties

A
1952 - 2002: European Coal and Steel Community
1957: European Economic Community
1957: EURATOM Treaty
1966: Merger Treaty
1970 & 1975: Budgetary Treaties
1986: Single European Act
1992: Maastricht Treaty
1997: Treaty of Amsterdam
2001: Charter of the Fundamental Rights in the EU
2001: Treaty of Nice
2007: Treaty of Lisbon
25
Q

Checks and Balances in the EU

A

In most cases law can only pass if both the European Parliament and the Council of the European Union Agree

26
Q

Definition European Coal and Steel Community (ECSC)

A

Administrative agency with the main objective to enhance coal and steel industries in Europe
The members of the ECSC are also the founding members of the EU
The ECSC no longer exists

27
Q

Institutions of the European Coal and Steel Community

A
  • High Authority (Body of 9 independent people from the MS)
  • Assembly (Parliament)
  • Council (Ministers Representing the MS)
  • Court of Justice
28
Q

Definition European Economic Community

A
  • Regional organisation created by the Treaty of Rome
  • Renamed EC under the Maastricht Treaty
  • Main objective was the internal market
  • Aims to bring Economic integration among its MS
29
Q

EC Custom Union

A
  • Abolition of Custom Duties

- Common External Customs Tariff

30
Q

Four Freedoms of the EC

A

Freedom of:

  • Goods
  • Workers
  • Service
  • Captial
31
Q

Institutions of the European Economic Community

A
  • Commission (Separate from the ECSC High Authority until the Merger Treaty)
  • Parliamentary Assembly
  • Council of Ministers (Separate from the ECSC Council until the Merger Treaty)
  • Court of Justice
32
Q

Definition EURATOM

A

International organization aims to:

  • Promote research and disseminating technical information
  • Setting Uniform safety standards to protect the public and workers
  • Facilitate Research
  • Ensure civil nuclear material are not diverted to other uses
33
Q

Merger Treaty (1965 - 2002)

A

Established one single council and a single Commission of the European Communities
It was signed to unify the ECSC, EEC, and EURATOM

34
Q

Budgetary Treaties (1970 & 1975)

A
Amendment Treaty of Rome
Results:
- Budgetary authority of the EU is owned jointly by:
(1) The Council of the European Union
(2) The European Parliament
35
Q

Single European Act (1986)

A

Amendment to the Treaties establishing the European Communities
Established political cooperation

36
Q

Single European Act Institutional Changes

A
  • More legislative power to the EU parliament

- Veto right of the EU parliament over accession new members

37
Q

Single European Act Substantive Changes

A
  • Internal Market aim and definition
  • Qualified-majority voting for many areas
  • New Substantive areas for Community Competence
38
Q

Maastricht Treaty (1992) TEU

A
  • International Agreement is formerly known as the Treaty on the European Union
  • Established the European Union
  • Introduction of shared banking system and shared currency
39
Q

Main results of the Maastricht Treaty

A

European Overarching Structure of the three communities (Three pillar Structure)

40
Q

Other results of the Maastricht Treaty

A
  • More power to the European Parliament
  • Council gets QMV
  • Principle of subsidiarity established
  • Detailed provision on Economic Monetary Union (EMU)
41
Q

Maastricht Treaty Pillar Structure

A
First Pillar: Supranational or Community
- ECSC, EC, EURATOM
Second Pillar: Intergovernmental pillar
- Common and Security Policy (Article 25 TEU)
Third Pillar: Intergovernmental pillar
- Justice and Home Affairs
42
Q

Treaty of Amstedam (1997)

A

Revision of the TEU

43
Q

Reforms after the Treaty of Amsterdam

A
  • Extension of the QMVs in the Council
  • Power of the European Parliament further increased
  • Large part of the former 3rd pillar tot the first pillar
44
Q

Charter of the Fundamental Rights in the EU (2001)

A
  • Single document in which all rights of individuals is collected
  • Binding under the Lisbon Treaty
45
Q

Charter of the Fundamental Rights in the EU covers:

A
  • All the rights found in case law of the CJEU
  • The rights and freedoms enshrined in the ECHR
  • Other principles resulting from the common constitutional traditions of EU countries and other international instruments
46
Q

Treaty of Nice (2001)

A

Aimed to reform the institutional structure of the European Union

47
Q

Treaty of Nice (Amsterdam Criteria)

A

Political:
- Stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities
Economic:
- A functioning market economy and capacity to cope with competition and market forces
Administrative and Institutional:
- The capacity to effectively implement the whole body of EU law and the ability to take on the obligations of membership

48
Q

Amsterdam Treaty Leftovers

A

o EU’s institutional structure pending enlargement
 Size and composition of the Commission
 The weighting of votes in Council
 Even further extension of the Qualified-majority voting for the Council
o Should there be a bill of rights of the EU?

49
Q

Nice Treaty Leftovers

A
•	Nice leftovers
o	Safekeeping of powers 
o	Status of the Charter
o	Simplification of the Treaties
o	Role of national parliaments
50
Q

Amsterdam Treaty Pillar Structure

A
First pillar:
- ECSC, EEC, EURATOM
Second Pillar:
- Common Foreign and Security Policy
Third Pillar:
- Police and Judicial Cooperation in Criminal Matters
51
Q

Lisbon Treaty Pillar Structure

A
First Pillar:
- ECSC, EEC, EURATOM
Second Pillar: 
- Common Foreign and Security Polciy
Third Pillar: 
- Area of Freedom, security and justice
52
Q

Treaty of Lisbon (TEU AND TFEU)

A
  • More QMV to Council
  • Co-decision procedures in more areas
  • Extended powers granted to national parliaments
  • Introduction of citizen initiative
  • Commission Composition
    ( Stopped the limit of 18/27)
  • European Council official institution
  • EU has legal personality
  • Exit clause for MS
53
Q

Intergovernmentalism

A

o Focus is on the protection of state power
 National interest prevails
o The states are the key actor
o Decisions made require unanimity [#11]
o Decisions are rarely enforceable
 If they are its only between MS and not the citizens

54
Q

Intergovernmentalism method

A

 The Commissions right of initiative is shared with the EU countries or confined to specific areas
 The Council generally acts unanimously
 The European Parliament has a purely consultative role
 The role of the Court is limited
 The European Council often plays a key role
(Lisbon Treaty)

55
Q

Supranationalism

A

o Supranational institutions are the key actors
o States have transferred some of its powers in the areas to a higher power
o Decision-making at a higher level than State level
(Overriding national rules)
o Decisions do not require unanimity
o Decisions are enforceable

56
Q

Supranationalism method

A

o The central role of the Commission in formulating proposals
(Right to initiate legislation)
o QMV in the Council as a rule
o Involvement of the European Parliament with varying intensity depending on the process
o Power roll of the Court in ensuring judicial accountability
o The European Council defines the general political directions and policies