Lecture 3 (Week 38) - Maastricht to Lisbon Treaty Flashcards
The Treaty of European Union (TEU) or Maastricht 1992: what is the most important parts?
Deepening the integration
- Signed in Feb 1992 (into force nov 1993)
- Furthning the European integration
- EEC (European economic community) changed name to EC (european community)
- New arena of cooperation in Common Foreign and Security Policy (CFSP) and Justice and Home Affairs (JHA)
- The Three pillar structure (known as the European Union) not only economic, but political
- Introduced European Citizenship
introduction of the single european market
Intergovernmental Pillars Supranational pillar
JHA
CFSP EC
What are the four freedoms :
The “Four Freedoms” of the single market are:
Free movement of goods
Free movement of capital
Freedom to establish and provide services
Free movement of persons
The Lisbon treaty: key takeaways:
- Signed by the EU member states on 13 December 2007, and entered into force on 1 December 2009.
- Some of the more controversial aspects of the constitutional treaty were removed.
- An international agreement that amends the two treaties, Maastricht and Rome, which form the constitutional basis of the European Union (EU)
- Included the move from unanimity to qualified majority voting (QMV) in at least 45 policy areas in the Council of Ministers.
What is a Custom market (CM)?
common external trade policy e.g. EEC.
What is a common market?
CU(common external trade policy) + free factor mobility (EC become both a custom & common union)
What is the political principle of subsidiarity?
The principle that a central authority should have a subsidiary function, performing only those tasks which cannot be performed at a more local level.
Which competencies are there and what does Exclusive competence mean?
Exclusive competence shared competence and Supporting competence.
When the EU has an exclusive competence member states are not permitted to make their own laws concerning that area.
supranational part of EU -> the supremacy of EU law in specific policy areas, such as competition policy e.g.)
- areas in which the EU alone is able to legislate and adopt binding acts.. (custom union), (monetary policy),
what does the concept of differentiated integration mean?
- member and non-member states participate in EU policies selectively. At its core, differentiated integration is formally codified in EU treaties and legislation.(Opt-outs)
what does Acquis communautaire mean?
The “acquis communautaire”is a very important concept in the European Union. It covers all treaties, EU legislation, international agreements, standards, court verdicts, fundamental rights provisions and horizontal principles in the treaties such as equality and non-discrimination. In short: EU-law
Applicant countries are required to accept the acquis before they can join the EU. Derogations from the acquis are granted only in exceptional circumstances and are limited in scope. The acquis must be incorporated by applicant countries into their national legal order by the date of their accession to the EU and they are obliged to apply it from that date.
what is Negative integration?
Remove rules (trade, barriers) at the national level
what is Positive integration?
Establish rules at the European level (laws from Bruxelles)
What is Mutual recognition?
Minimum standards for all member states (European standards)
One country can have higher standards than the minimum EU Law.
moreover:
If a good could be sold legally in one member state it could be sold legally in any of the member states – country of origin principle as long as it complies with the minimum standards designed in the EU directives.
what does the concept of Harmonization law mean and what is the goal?
In the European Union, harmonisation of law (or simply harmonisation) is the process of creating common standards across the internal market. Though each EU member state has primary responsibility for the regulation of most matters within their jurisdiction, and consequently each has its own laws, harmonisation aims to:
Overall common standards make it easier for countries to trade and thereby it enhances the competition within the internal market.
An objective of the European Union to achieve uniformity in-laws of member states is to facilitate free trade and protect citizens
- create consistency of laws, regulations, standards and practices, so that the same rules will apply to businesses that operate in more than one member state, and so that the businesses of one state do not obtain an economic advantage over those in another as a result of different rules.
reduced compliance and regulatory burdens for businesses operating nationally or trans-nationally.
