Midterm Flashcards

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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)

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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

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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
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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.
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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.
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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.
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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
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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
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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
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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
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11
Q

Typical acts of the EU

A

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

Non-Binding:
Reccomendations, Opinions

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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

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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
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14
Q

Pyramid of Courts

A
  1. Supreme Courts
  2. Appellate Courts
  3. First-Instance (Trial) Courts
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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.
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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