P1; CH1: The path to European Integration Flashcards
Statolatria
thought that domestic law is exclusively the only valid law;
EU law rejects this idea.
What type of institution is the EU?
Not a typical one, it is not a state, nor a federation or supernational order.
Why is the EU not a Federal Union?
Because Member States are SOVEREIGN and INDIPENDENT
What’s the project of EU?
EU aims at COOPERATION, PEACE and INTEGRATION within the European Area
How would you define EU right after WWII?
ELITIST: Conceived by intellectual elite, not by people in general
FUNCTIONALIST: only towards the production of Coal and Steel
What Treaty was made in 1951?
The Treaty establishing the ECSC
What Treaties were made in 1957?
Treaties of Rome;
- Creating EEC
- Creating EURATOM
What problems did EU encounter during its evolution?
- Hard delays on the Maastricht Treaty
- Failure of the Constitutional Treaty in 2004
Where does the first idea of a unite Europe come from?
Enlightenment, altough it found obstacles in the 18th Century tendency to establish nationalist and sovereign states.
On what the EU is founded on, inter alia?
Charter of Fundamental Rights and the Common Normative Values in Art.2 TEU
Which are the Common Normative Values state in art.2 TEU?
- Respect of human dignity
- Freedom
- Democratic principles
- Transparency
not just politically, but if not followed MS can be liable and proceeded against (effectiveness)
What are the main EU organs, which are the two exercising democratic legislative power and how they all are composed?
- European Parliament: representing citizens (more democratic 1/2)
- European Commission: elected by EP and composed of Commissioners and President (more democratic 2/2)
- European Council: representing national governments
What’s the STATUS CIVITATIS and its consequences
Its conferred but the Union to all the Member States’ people and give them subjective public rights (ex. right to vote EU representatives in the EP)
It’s a big step towards EU civil identity and demos
How does the EU resembles the articulation of a modern constitutional national system?
- Primacy of Law
- Rule of Law
- Separation of Powers
Why is the ECJ so important?
Because its crucial role in de-structuring national sovereignties:
- Being the highest judicial organ in the hierarchy
- Guaranteeing the unitarian interpretation and application of EU norms
- Enlarging EU jurisprudence through Judicial Activism
- Enhancing the direct effect of EU law to individuals
- Affirming the untouchable nature of fundamental rights and founding norms
- Affirming the COMPLEMENTARY RELATIONSHIP to nationational orderse
