Midterm Flashcards

1
Q

Three communities which were initially established in the 1950’s, they’re respective treaties and the year of signing.

A

ECSC (European Coal and Steel Community)
Treaty of Paris (1951)

EEC (European Economic Community)
Treaty of Rome (1957)

EURATOM (Atomic Energy Community)
Treaty of Rome (1957)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Europe’s 5 Founding Fathers

A

Adenauer - German chancellor

Schuman - French foreign minister

Monnet - French economic advisor

De Gasperi - Italian PM

Spaak - Belgian PM

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the ECSC?

A
  • The European Coal and Steel Community (ECSC) was created in 1951 through the Treaty of Paris.
  • It aimed to pool Franco-German coal and steel resources under the power of a single High Authority.
  • This way, conflict between the two countries would be virtually impossible, since the resources for the manufacturing of munitions for war were controlled by the ECSC.
  • The ESCS also removed trade restrictions of coal and steel between the countries.
  • Sunset clause: 50 years
  • Countries: Germany, France, Italy, Belgium, Netherlands, Luxembourg
  • Institutions:Council of Ministers: consultative roleHigh Authority Commission: executive roleAssembly: supervisory and advisory roleCourt of Justice: reviewed legality of acts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Treaty of Rome

A
  • Signed in 1957
  • On the basis of the Spaak report
  • Introduced the EEC and EURATOM
  • No sunset clause
  • The assembly and court of justice were shared with ECSC, but the Council and the Commission were separate.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Luxembourg Accords

A
  • Signed in 1966
  • Empty Chair Crisis (1965)
  • Provisions were made to move towards a Qualified Majority Voting (QMV) rather than a consensus among the 6 MS.
  • This would mean that bigger MS would have more voting power than smaller ones (because 1 person (population) = 1 vote, instead of 1 MS = 1 vote).
  • All states would lose their veto power under QMV.
  • France didn’t like this, seeing it as a renunciation of sovereignty.
  • France was also afraid that a coalition of MS’s might challenge the Common Agricultural Policy (CAP), which France had persuaded its partners to accept with great difficulty.
  • As such, France refused to attend any further Council meetings.
  • Luxembourg Accords represented a gentlemen’s agreement on disagreeing on the voting method.
  • In cases of vital importance for a MS, discussions must continue until unanimity is reached instead of QMV.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Merger Treaty

A
  • Signed in 1967
  • Objective: unify the three communities (ECSC, EEC and EURATOM).
  • Established a single Council and Commission of the European Communities.
  • Merger kept the three communities legally independent while rationalizing them by merging their executive bodies and amending the community treaties.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Single European ACT (SEA)

A
  • Signed in 1986
  • Revised the Treaty of Rome with the intention to increase European integration.
  • Established a single market within the EC
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Maastricht Treaty

A
  • Signed in 1992
  • Also called the Treaty on the European Union (TEU)
  • Renamed the European Economic Community (EEC) to only European Community (EC), and created the European Union (EU)
  • Three-pillar structure:Amendments to the EEC, ECSC, and the
    Euratom TreatiesCommon foreign and security policyJustice and home affairs
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the Amending Treaties?

A
  • Treaty of Amsterdam (1999): changes in the institutions to accommodate requests of enlargement
  • Treaty of Nice (2001): institutional changes necessary to cope with further enlargement
  • (Rejected) European Constitution (2005): people were afraid to call it a constitution, as they did not want a federal structure.
  • Treaty of Lisbon (2009): amended the TEU and the TFEU to make the EU more democratic, efficient, and better able to address global problems
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Membership order

A
  • 1951: Germany, France, Italy, Belgium, Netherlands, Luxembourg
  • 1973: UK, Denmark, Ireland
  • 1981: Greece
  • 1986: Portugal, Spain
  • 1995: Autria, Finland, Sweden
  • 2004: Cyprus, Czechia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia
  • 2007: Bulgaria, Romania
  • 2013: Croatia
  • 2016: (Exit) UK
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Typical acts of the EU

A

Binding:
- Legislation: Treaties, Regulations, Directives, Decisions
- Case-Law: Judgements, Orders

Non-Binding:
Reccomendations, Opinions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Distinguish between the TEU and the TFEU

A

TEU: sets out the objectives and principles of the EU

TFEU: provides organizational and functional details

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the 7 Principal Institutions of the EU?

A
  • European Partilament: legislative power
  • European Council: defne general political directions and priorities
  • Council (of Ministers): legislative power
  • (European) Commission: executive power
  • Court of Justice of the EU: ensure that EU law is applied correctly and uniformly
  • European Central Bank (ECB): monetary policy
  • Court of Auditors
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Pyramid of Courts

A
  1. Supreme Courts
  2. Appellate Courts
  3. First-Instance (Trial) Courts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Article 263 TFEU

A
  • When the citizen’s conflict is directly with an EU institution.
  • Provides for actions before the General Court. However, there is the possibility that the ECJ will contribute to the case.
  • If an appeal of the GC’s ruling is lodged, the ECJ acts as the court of appeal.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Article 267 TFEU

A
  • Provides for preliminary rulings by the ECJ on questions of EU law.
  • Trial and appeal courts MAY request an opinion to the ECJ.
  • Supreme courts (or courts against whose decisions there is no judicial remedy under national law) SHALL request an opinion to the ECJ.
  • The ECJ’s ruling is binding on the national court.
17
Q

What type of legal acts is the Union allowed to produce?

A

Regulations, directives, decisions, recommendations and opinions.
(Article 288 TFEU)

18
Q

Regulations

A
  • General application
  • Binding on and directly applicable in all MS
19
Q

Directives

A
  • Only applicable and binding to specific MS
  • Binding only as to the end to be achieved, leaving some choice to the MS as to the form and method to be applied
  • Never directly applicable
  • Central element of a directive is the deadline it sets for implementation into national law (transposition).
20
Q

Decisions

A
  • Binding on those to whom it is addressed
21
Q

Recommendations and Opinions

A
  • Not binding
  • “Soft law”
  • No direct effect
  • However, national courts may make reference to them to the ECJ concerning the to their interpretation or validity
22
Q

Monism

A
  • National and international law as one unitary and coherent system.
  • International law is automatically incorporated into the national legal system.
  • International law prevails over national law in case of conflict.
  • International values can override domestic values.
  • However, the last law to be legislated always prevails. Therefore, international law may be overriden by a later national law of the same force (lex posterior derogat priori).
23
Q

Dualism

A
  • International and domestic legal order exist as two separate, distinct sets of legal orders.
  • International law doesn’t have automatic applicability within a state’s legal system.
  • Requires transformation of international law into domestic law to make it binding on the latter’s authorities.
  • National law has priority over international law that has not been incorporated.
  • National interests can overrule international law.
24
Q

Direct Effect

A
  • Allows individuals and businesses to rely on provisions of EU law in legal proceedings before national courts.
  • Individuals can invoke the formal legal method before Courts, whether there is national law questioning it or not
  • Can be vertical (dispute between an individual and a MS) or horizontal (between individuals).
25
Q

Direct Applicability

A
  • Non-necessity of the MS to enact any other national legislation to make that act enter the national territory.
  • The measure has legal force and must be followed by the relevant parties.
  • Once addressed, this source of law becomes instantly part of the national law.
26
Q

Benificiares by right

A
  • Article 2/1of Regulation 1049/2001
  • Natural/Legal Person
  • Legal Personality
  • Residing/having registered office in a MS
27
Q

Benificiaries by grace

A
  • Article 2/1of Regulation 1049/2001
  • Natural/Legal Person
  • Legal Personality
  • Not residing/having registered office in a MS