National sovereignty Flashcards
How does the Commission threaten sovereignty?
The Commission has the exclusive power to propose new laws to the European Parliament and the Council.
What effect does the European Communities Act of 1972 have?
The European Communities Act 1972 enabled the UK to join the European Economic Community.
Why does the European Communities Act 1972 erode sovereignty?
Because it is requiring courts in the member states to apply EU laws.
How does a European regulation erode sovereignty?
Member states would have to amend their national laws in order to avoid conflicting with the regulation.
What is subsidiarity?
The Union only acts where action will be more effective at EU level than at national level.
How does subsidiarity protect sovereignty?
National parliaments remain competent to monitor the correct application of this principle in EU decision-making.
How does the ECJ erode sovereignty
Member states are required to comply with the court’s rulings, and may be fined if they do not do so.
How could member states resist the ECJ
Member states retain the ability to resist any unreasonable request from treaties that they think would ultimately affects their constitutions.
Examples of member states bringing a case against the ECJ itself
Slovakia and Hungary took legal action against EU Commission over migrant quota plan for 120,000 asylum seekers.
How is the Commission eroding sovereignty
Professional politicians from all 27 are above national politics and would have to act on the basis of European interest rather than national interest.
The Commission’s power on deficit targets
The Commission has gained greater powers to ensure members meet deficit targets.
Example of Commission’s power on deficit targets
Spain and Portugal were fined for running an excessive budget deficit.
How is the EU eroding sovereignty on deficit
All EU countries are required to set out policies to bring their budget deficits below 3% of GDP. The EU has bought stricter public finance rules following the debt crisis in Eurozone countries.
Sovereignty protected
• language
There are no plans to impose a common language across Europe
Sovereignty protected
• Meeting among PMs and presidents
Eu summits are attended by presidents, prime ministers and chancellors who lead countries with very different legal system
Sovereignty protected
• Aim
All the EU can do is to ensure that its members meet common standards of justice and democracy
Maastricht Treaty Protocol 25
Protocol 25 of the Maastricht treaty exempts the UK from using the Euro, this means monetary policy remains a domestic issue
The role of member states has declined!
The role of the member states has declined as the competence of the EU institutions has grown, but their powers vary from one set of policies to another
Environmental policy making
Environmental policy may be listed as a shared responsibility, but in practice it is almost entirely made at the EU level
EU on human health
While human health is listed as a shared responsibility, healthcare is almost entirely a responsibility of the member states
Lisbon Treaty and JHA
Britain secured opt-outs from justice and home affairs legislation from the Lisbon Treaty
Direct effect of EU law
The principle of direct effect reinforces that EU member states lost sovereignty
The use of QMV and the UK
• How much influence
The UK has 13% of the EU population, so gets a 13% vote share
The use of QMV and the UK
• Winning rate
The UK was on the winning side 87% of the time between 2009-2015
Erode by QMV
The British government does have to accept some EU decisions it did not vote for
The EU failed to be democratic
• Disant
The EU appears too distant from its citizens
The EU failed to be democratic
• too complicated
The EU is considered too complicated for the citizens to be sufficiently involved in its decision-making
The EU failed to be democratic
• lack of transparency
There is a lack of transparency and education prevents citizens from understanding the nature of the EU and how they can influence it
