Introduction to EU law

Question 1

What is the European Union?

Answer 1

A suis generis entity
Has its own legal order
One of a kind

Question 2

What was the key objective of the founding treaties for the EU?

Answer 2

European Integration

Question 3

How can European Integration be achieved?

Answer 3

• through allocation of competences to the EU institutions
• through establishing common rules (EU Laws) = positive integration
• through setting aside conflicting national rules = negative integration

Question 4

What were the core EU treaties?

Answer 4

The Treaty of Rome 1957
The Treaty of Maastricht 1992
The Lisbon Treaty 2008

Question 5

What are the EU institutions - Art 13(1) TEU?

Answer 5

European Commission
Council of the European Union
European Council
European Parliament
Court of Justice of the EU
European Central Bank
Court of Auditors

Question 6

does the EU conform to a rigid principle of separation of powers?

Answer 6

no

Question 7

How do EU institutions oeprate?

Answer 7

In an institutional framework set up by Art 13 TEU

Question 8

How are EU institutions expected to share powers?

Answer 8

on the basis of the principle of inter-institutional balance

Question 9

What is the role of the European Commission?

Answer 9

• develops the legislative plan and agenda every year
• develops general policy strategies
• establishment of EU budget
• some control over expenditure
• represents the EU on the international stage

Question 10

What is the role of the Council of the European Union?

Answer 10

• represents the interests of the Member States
• legislative power - power to pass EU laws together with the European Parliament
• conclude international agreements
• approve EU budget

Question 11

What is the role of the European Council?

Answer 11

• defines the general political directions and priorities of the EU
• can initiate major changes to treaties and the institutional structure of the EU

Question 12

what is the role of the European Parliament?

Answer 12

• passes EU law jointly with the council
• has a partial role in holding other institutions to account
• budgetary authority - can reject a budget or amend any part of the draft budget

Question 13

what is the role of the Court of Justice of the EU?

Answer 13

• interpretation of the treaties and secondary legislation
• ensures EU law is applied and observed
• reviews the validity of EU secondary legislation
• exercises indirect judicial control by providing a preliminary ruling for domestic courts

Question 14

how was the integration of national economies achieved?

Answer 14

• removing trade restrictions on coal and steel (European Coal And Steel Community Treaty)
• establishing a common market - free movement of goods, workers, services and capitals (European Economic Community Treaty)
• establishing an economic monetary union (Treaty of Maastricht)

Question 15

what is the principle of conferral?

Answer 15

EU institutions can only produce secondary legislation when the power for them to do so has been conferred by the treaties

Question 16

what is the principle of subsidiarity?

Answer 16

in areas which do not fall within its exclusive competence, the union shall act only if and insofar 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 of effects of the proposed action, be better achieved at Union level