Relations Between the Branches- The EU Flashcards
What is integration?
The process of coordinating the activities of different states through common institutions and policies.
What does supranational mean?
Having authority independent of national governments.
What is a tariff?
A tax on goods and services imported from another country.
What is enlargement?
The expansion of the EU to include new member states.
What is unamity?
A voting arrangement in which all states must be in agreement for a proposal to be passed.
What is qualified majority voting?
A voting arrangement in which proposals must win a set number of votes (over 50%) to be approved.
What is Economic and Monetary Union (EMU)?
The creation of a single currency, central bank and common monetary policy.
When was the European Coal and Steel Community established with details and what was it?
1952
Supranational organisation founded by France, West Germany, Italy, Belgium, Netherlands and Luxembourg where decision-making authority was independent of its member states.
Goods
When was the European Economic Community (EEC) created with details and what was it?
1958
6 founding members from 1952 formed EEC under the Treaty of Rome (1957). The Common Agricultural Policy (CAP) began in 1962 and a customs union followed in 1968 when internal tariffs were removed and a common external tariff was created.
When did enlargement occur and how with the expansion of the EU?
1973- the UK, Ireland and Denmark joined the EEC
1981- Greece joined
1986- Spain and Portugal also joined
When was the Single European Act agreed with details?
1985
It came into force in 1987. It created the single European market and prompted a greater community role in social and regional policy. Unanimity was replaced by qualified majority voting on single market legislation.
When was the Maastricht Treaty agreed with details?
1991
It came into force in 1993. It created the EU and set a timetable for EMU. IT also increased intergovernmental cooperation in foreign and security policy, and in justice and home affairs.
Current Italy PM Malone doesn’t like EMU
EMU creates euro
When was the Amsterdam Treaty agreed with details?
It came into force in 1999 and established an ‘era of freedom, security and justice’
When was an economic and monetary union established with details?
1999
11 states abolished their national currencies and adopted the Euro. 19 states by 2015 (eurozone)
When was the Nice Treaty agreed with details?
It came into force in 2003, created a European security and defence policy and introduced institutional reforms ahead of enlargement
When did 10 states join because of enlargement with details?
2004
Cyprus, Hungary, Lithuania, Poland and others joined. Bulgaria and Romania (2007) and Croatia (2013) also joined.
When was the Lisbon Treaty agreed with details?
It followed the rejection of EU Constitutional Treaty in referendums in France and Netherlands. Came into force in 2009.
When did a sovereign debt crisis begin with details?
Greece, Spain and others were bailed out by the EU and International Monetary Fund. These states had to introduce austerity measures.
When did the migrant crisis begin with details?
2015
Migrants crossed Mediterranean. EU implemented measures to tackle people smuggling and relocate asylum seekers.
What are the EU’s values?
Human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the right of persons belonging to minorities. Form part of accession criteria.
What does Eurosceptic mean?
Someone who is critical of the extension of supranational authority in the EU and hostile to further integration.
What are the four freedoms?
Goods, services, people and capital
What are the 4 freedoms of goods?
Member states cannot impose duties or taxes on goods from another EU state, or directly discriminate against them. Goods that must meet minimum standards in one EU member state can be freely traded in others. Physical and technical barriers, eg. border checks and restrictive national regulations, have been removed.
This founded the EU with coal and steel
What is the freedom of services?
Professionals, businesses and self-employed people can establish or offer their services across the EU. Qualifications from one EU member state are recognised in others.
What is the freedom of people?
Any national of an EU member state has the right to seek employment in another EU member state without discrimination on the grounds of nationality. They have the same rights as national workers in recruitment, pay, social security and housing.
Free movement of people is a core principle of the EU, which has risen in importance in 2016 as migration from EU countries to the UK fell since the 2016 Brexit referendum as Brexit ended the freedom of movement to and from the EU.
What is the freedom of capital?
Many restrictions on capital movements (eg. on buying currency and foreign investment) between EU member states have been removed.
What is economic, social and territorial cohesion?
Creation of the single market prompted a greater EU role in social, employment and regional policy. Objective to lower disparities between and within member states. Much social policy was made at a national level, but the EU promotes employment, social protection and workers’ rights. Poorer regions receive more money from EU structural funds. Criticised by right for imposing costs on businesses, criticised by left for public spending cuts.
What is the Economic and Monetary Union?
States that met the Maastricht Treaty’s ‘correspondence criteria’ replaced their national currencies with the euro. 11 states joined the EMU in 1999. By 2021, 10 EU states joined (27 total). Greece joined in 2001 and Lithuania joined in 2015, which shows differentiated integration. The benefits of the EMU are no exchange rate uncertainty or transaction costs on cross-border trade. But there’s a loss of sovereignty , the European Central Bank’s ‘one size fits all’ policy on interest rates may not suit all states, there’s no budgetary discipline which led to the sovereign debt crisis. This is where the EU bailed out 5 member states (had to cut public spending)
2012 Treaty on Stability, Coordination and Governance in EMU means stricter rules on budget deficits which leads to further economic integration
What is an area of freedom, security and justice?
In the border-free single market, EU citizens enjoy freedom of movement. This requires common measures on issues like external border controls, asylum and immigration.criminal justice, policing and judicial cooperation. Cross-border cooperation mechanisms include the European Arrest Warrant and Europol. Critics argue that this ‘Fodress Europe’ prevents refugees from entering the EU.
What is combating discrimination and promoting equality?
The EU created new rights for citizens. EU citizenship applies to citizens of member states. Rights to vote in European Parliament and local elections, right to move to another member state to work/reside. Acquire right to permanent residence in another EU country if they’ve lived there legally for 5 years. Increased workers’ rights by limiting working hours and increasing health and safety. The EU Charter of Fundamental Rights was proclaimed in 2000 and became legally binding in the Lisbon Treaty. Entrenches rights established by case law of ECJ and ECHR.
Who has opted out of the EMU?
UK and Denmark
What is opt-out?
An exemption set out in a treaty or law, which means that a state does not have to take part in a specific EU policy
What does ‘differentiated integration’ mean?
A form of integration in which states move at different speeds or towards different objectives.
What was the European Commission and was it democratic?
The Commission is the executive body of the EU. Supranational body so acts in general interests of the Union and independent of member states. (democratic deficit)
President is elected by the European Parliament. (strong democratic system) Commissioners approved by European Parliament. Organised into directorates (deficit)- general which cover different policy areas (allocated by president)
The European Commission:
-has the sole right to initiate draft legislation in most EU activity (deficit)
-executes EU legislation and ensures it’s applied correctly
-administers EU expenditure and collects revenue
-represents the EU on the world stage, notably in trade negotiations (strong democratic system)
Overall democratic deficit
What is the Council of the EU and is it democratic?
Main decision- making body of the EU, previously known as Council of Ministers. It’s where government ministers from all 27 member states take key decisions on EU legislation (strong democracy). Presidency of council is held by member states for 6 months (democracy).
Council of EU:
-shares legislative power within European Parliament (strong democracy)
-coordinates economic policies of member states
-develops the common foreign and security policy of Union
Many decisions are made by consensus (deficit), but votes are held regularly (democracy).
2 main voting procedures:
-unanimity: a proposal will fail if at least one member state vetoes it, apply only to major sensitive policies (deficit)
-qualified majority voting: a qualified majority is achieved if 55% of member states vote in favour and proposal supported by states representing at least 65% of the EU population (strong democracy). A blocking minority must comprise at least 4 states representing at least 35% of the EU population. QMV applies to most areas of EU activity.
What is European Parliament and is it democratic?
EU’s directly elected institution with elections every 5 years (democratic). 705 MEPs with seats allocated according to population. They sit in transactional party groups based on idealogy not nationality (democratic). 3 locations are Strasbourg, Brussels and Luxembourg. It has:
-Legislative power: shares it with Council of EU (democratic), can’t initiate legislation, most power under ordinary legislative procedure as it can amend and veto proposed legislation (most are accepted). This is usually used for most areas of EU activity.
-Budgetary power: shares budgetary authority with Council of the EU and can request amendments to the budget or veto it.
-Democratic supervision- It elects the president of the European Commission after nomination by European Council (deficit). Parliament also holds hearings for nominated commissioners and, by expressing concerns, has caused the withdrawal of some. Once they’re in post, the parliament can question commissioners and council members.
What is the European Council and is it democratic?
This is where heads of government and foreign ministers meet (democratic). Presidents of European Council and European Commission also attend. They meet at least 4 times per year. The president of the council is selected by EU states for a renewable 2.5 year term (democratic).
It’s the EU’s key strategic body, enhancing the power of member states and reducing the influence of the European Commission (democratic).
It:
-discusses major issues
-sets the political direction for the EU
-makes key decisions on foreign policy and the EU’s economic situation (deficit)
-launches new initiatives and agrees changes to treaties
What is the European Court of Justice and is it democratic?
This upholds EU law and ensures that it’s applied uniformly and effectively. The Court of Justice of the EU (CJEU) decides cases involving member states, EU institutions, businesses and individuals. It’s located in Luxembourg and divided into 3 courts. The European Court of Justice (ECJ) is the most significant as it handles requests from national courts for preliminary rulings and various activities. The General Court rules on cases in core EU policy areas, while the European Civil Service Tribunal hears cases involving EU employees. Decisions by the courts have extended the EU’s competences and strengthened its institutions.
Overall there is a democratic deficit.
Why would Euroskeptics be critical of the EU’s institutions?
Decision-making often requiress the consensus of all member states, particularly with unanimity and qualified majority voting meaning supranational authority is extended. This gives the nation’s government less power.
Why is the EU’s institutional system challenging to navigate?
It doesn’t fit neatly into executive, legislative and judiciary. CJEU is EU’s independent judicial branch. On economic and related policies, the EU legislative branch has 2 houses- Council of EU (upper house with national governments) and European Parliament (lower house with member states). European Commission is executive branch.
What is meant by ‘history-making decisions’?
The result of bargains between the EU’s most powerful member states and are decided in the European Council. Eg, treaty changes
What is meant by ‘day-to-day decisions’?
European Commission, Council of EU and European Parliament involved in decision-making. Eg. legislation on mobile phone roaming charges
What does ‘democratic deficit’ mean?
The erosion of democratic accountability that occurs when decision-making authority is transferred from national governments (directly accountable) to voters and national parliaments to EU institutions (less accountable).
What are issues with democratic deficit in the EU?
Distance between EU and its citizens. They don’t identify with or fully understand the EU and have opposed important developments in the integration process.
How do European Parliament turnout compare to UK turnouts?
EU turnout is higher at 51% in 2019.
UK turnout is 38% in 2019.
This is for voting for MEPs.
More apathy in UK.
What are 2 arguments for a democratic deficit?
-Voter apathy (low turnout)
-Legislation initiated by European Commission (not directly elected)
What are 2 arguments for no deficit?
-EU has no power in taxation and education
-European Commission accountable to European Parliament, key personnel nominated by national governments
What does competence mean?
The legal capacity to act in a particular area.
Which areas show how the UK is a more awkward partner in the EU?
-Distinctive history and culture: The UK’s historical development differs from that of continental Europe. It had a global outlook and close relationship with the USA and has not experienced the major political upheavals seen in other european states. UK is the America of Europe. Less integrated friends with the EU, more with USA. Losing cultural identity by succumbing to EU laws and regulations.
-Wariness of further integration: British governments traded to be less enthusiastic about (and even hostile to) further integration. They supported inter-governmental cooperation rather than extensive supranational authority, and a single market rather than the EMU.
-EU policy exceptions: The UK negotioated a series of special arrangements and opt-outs that meant it didn’t participate in some EU policies, eg. EU budget, ERM, EMU
-Limited consensus between political parties: The UK didn’t experience strong consensus among political elites on the benefits of the EU found in other states (Labour and Tory didn’t agree on the EU) . Labour opposed at various times from 1960s-1980s but because more eurosceptic from 1990s due to sovereignty threats Harold Wilson held a referendum on EEC membership in 1975 to try stop Labour internal divisions, but in 1981 Labour’s policy of withdrawal from EEC promoted the defection of pro-European MPs to the social and democratic party
-Popular euroskepticism: Levels of public support for EU membership and integration were lower in the UK than other member states. UK citizens were less likely to feel European too. Newspapers like The Sun and Daily Mail took populist eurosceptic positions, UKIP both tapped into and fuelled euroscepticism within the UK electorate. The extent of popular euroskepticism was made apparent in the 2016 referendum.
Tory MPs like Major, Cameron and May faced a series of rebellions by eurosceptic MPs
Which areas show how the UK is a less awkward partner in the EU?
-Late entry: (not our fault) French President Charles de Gaulle vetoed the UK’s membership applications in 1961 and 1967 and it wasn’t until 1973 that membership occurred. By this time, policies that the UK found problematic, eg. the Common Agricultural policy, were already in place
-Limited influence in EU negotiations; The UK was often in a minority of states opposed to change and did not develop durable alliances to rival the Frances-German partnership. Despite this, it was influential in areas like the single market defence.
What are 3 areas where the UK had an exemption?
-tu budget: an EU budget rebate, first negotiated in 1981, which reduced UK contributions moneywise to the EU
-Justice and home affairs measures: opt-outs from various justice and home affairs measures, including much EU legislation on criminal justice and policing
-2012 fiscal compact treaty: non-participation in the 2012 fiscal compact treaty and in some EU bailout mechanisms
Which financial benefits did the UK get from the EU?
Net contributor to the EU budget (paid in more than it received)
What limitations did the EU put on the UK?
UK has a small and efficient agricultural sector so the Common Agricultural Policy was viewed as wasteful and bureaucratic
What are the benefits of EU membership?
-EU is the UK’s largest trading partner, accounts foe 43% of UK exports and 52% of all imports in 2019
-Some 3.5m jobs are linked to trade in Europe, and the single market made the UK more attractive to foreign direct investment
-2020 free trade agreement was estimated to see UK GDP 4% lower than it would have been in the EU
What are the costs of EU membership?
-Share of both UK exports to the EU and imports from EU fell over the last decade
-EU regulation was costly, Open Europe think-tank putting the cost at £33bn a year
-By 2021, the UK had agreed new trade deals with Japan and Australia
What are the 5 events in the lead-up to the Brexit referendum?
-2013: Cameron promised to hold an in/out referendum on EU membership if Tories won 2015 GE. Also promised to renegotiate relations with EU before referendum. Did this as tensions with EU. Tories were divided on EU issue, with Eurosceptic MPs rebelling frequently. Also hoped referendum would reverse flow of voters from Conservatives to UKIP
-23 June 2016: EU referendum asked ‘Should the UK remain a member of the EU or leave the EU?’ 51.9% voted leave, 48.1% voted to remain, 72% turnout
-2016: Remain campaign was supported by most MPs and Bank of England but public opinion not shifted. Remain campaign focused on economic case for EU membership- saw Brexit as economically costly- ‘project fear’ damaged Remain campaign’s credibility. Many Leave voters doubted that Brexit would make them worse off personally, more concerned by issues, eg. sovereignty and immigration
-2016: Cameron’s renegotiation didn’t convince enough Tory MPs or voters that real change had been secured. Many voters didn’t follow lead provided by party leaders (Conservatives - leave), Cameron and most ministers urged them to remain but 140 Tory MPs campaigned to leave. Labour mostly voted to stay, Corbyn disengaged accusations. Johnson was a key figure in official Vote Leave campaign which broadened its appeal. Nigel Farage led the unofficial Leave EU campaign- ‘take back control’- focused on immigration. Leave had tabloid press support.
-2016: England and Wales voted to leave the EU. Scotland and Northern Ireland voted to remain.
Why did people vote the way they did in the referendum?
-Divisions between advantaged and unadvantaged- people who felt ‘left behind’ by economic and social change more likely to vote leave
-Cosmopolitans have social liberal attitudes, pro-immigration, like social and culture change. They’re university educated
-Non-cosmopolitans have socially conservative attitudes, negative about immigration, distrust political system and are suspicious of social and cultural change. Fall in education
Which groups of people are more likely to vote for Brexit?
Men
50+
C2DE
GCSE or lower
Conservative, UKIP
England and Wales
What are statistics about Brexit voting?
-92% of UKIP voters voted leave
-70% of 18-24 year olds voted remain
left-behind voters were hoping that the money going into the EU would go into the UK, eg. Johnson’s Brexit bus- ‘we send the EU £350m a week, let’s fund our NHS instead’
What are the 5 events of the Brexit deal negotiations?
-After referendum Cameron resigned and was succeeded by Theresa May
-2017: Article 50 of the Lisbon Treaty was triggered in March. May ruled out a soft Brexit. The UK would leave the single market and customs union, and end the free movement of people and jurisdiction of CJEU in the UK
-Key issues in the first stage of negotiations included the rights of EU citizens resident in the UK, a financial settlement, and protecting the Good Friday Agreement by ensuring there would be no hard border between Northern Ireland and Republic of Ireland
-May’s 2018 Withdrawal Agreement included a NI Protocol under which the whole of the UK would be part of a common customs territory with the EU indefinitely and NI would follow many EU single market rules under alternative arrangements were agreed. Aka NI ‘backstop’ which included a financial settlement with the EU and provisions on citizens’ rights, and established a transition period in which EU laws would apply to the UK despite having left the EU. But Withdrawal Agreement was defeated 3 times in HoC. May resigned in July 2019.
-Johnson agreed a revised Withdrawal Agreement in October 2019. NI Protocol was changed and backstop replaced. NI will stay in the EU customs union and single market for goods, but some checks are required on goods entering from GB. These arrangements will be subject to a vote in NI Assembly. UK left EU on 31 January 2020, ended on 31 December 2020.
What are key featured of the EU-UK Trade and Cooperation Agreement 2020?
-No tariffs/ quotas on goods traded between the UK and EU. But some like cars/ food do.
-Non-tariff barriers, eg. customs declarations and sanitary standards checks, are created
-Tariffs can be improved if the UK/EU believe that level playing field provisions (eg. on workers’ rights, environmental standards/ state aid) have been breached
-The UK’s share of fishing quotas increased by 25% for an initial 5 year period. Annual negotiations on quotas will then commence (reverses Factortame case that decided EU was greater than UK law so it shows UK regaining sovereignty)
-There’s cooperation on law and security, but measures are less robust than before Brexit.
-The UK participates in, and contributes to, some EU programmes (eg. Horizon research funding) but will no longer participate in others (eg. the Erasmus and student exchange schemes)
-New institutional frameworks, including a partnership council, are created
The whole agreement will be reviewed in 2025
What is the policy with the constitution?
Popular sovereignty: parliament should not prevent Brexit from passing as it had been approved by referendum
Parliamentary sovereignty: the referendum was not binding and Brexit required the consent of parliament
Brexit restored parliament’s legislative authority and ends the primacy of EU law (we had to vote on which laws to keep or remove)
The UK can now make its own decisions on policy that had previously been under EU law. Eg. agricultural policy. The EU continues to grant payments to each farmer in a subsidy based approach whilst the UK had phased out direct income support payments and farmers can opt out environmental schemes
What is the policy on the courts?
The Supreme Court ruled on 2 key cases:
1) It ruled that the government couldn’t use its prerogative powers to trigger Article 50, and that an Act of Parliament was required to do so
2) It ruled that Johnson’s advice to the monarch to prorogue Parliament at a key point during the Brexit negotiations was unlawful
These judgements set limits on the executive’s prerogative powers.
After Brexit, the Supreme Court can depart from decisions made by the CJEU before 31st Dec 2020 and is no longer bound by decisions made after that date. However, UK still part of ECtHR as it’s not an EU institution so Brexit had no impact on UK’s membership
What are the policies with parliament and the executive?
-Major tensions between parliament and government during Brexit
-May’s withdrawal agreement was rejected by MPs on 3 occasions
-MPs seized control of the parliamentary timetable to ensure the prevention of a no deal Brexit
-Divisions inside the Conservative Party and a minority government under May meant that parliament could be more proactive and powerful. 20+ ministers resigned from her government over Brexit, was forced to resign
-Johnson won an 80 seat majority in the 2019 GE, swaying the balance of power between parliament and government
-Also extensive use of secondary legislation on Brexit policy as parliamentary scrutiny is limited on international treaties
What is the policy with devolution?
-Relationship between UK government and devolved governments was strained by Brexit
-Brexit means the return of competences from the EU to the UK, and some of these, like agriculture, we’re in devolved areas
-But the UK government sought to centralise power, protect the internal market and restrict ability of devolved institutions to change policy
-Under the Sewel convention, Westminster wouldn’t normally legislate on devolved matters without those nations’ consent, but UK government enacted core Brexit legislation despite devolved legislatures refusing consent
-NI Protocol means they remain in the EU customs Union and single market for goods
-Scotland voting Remain has caused the SNP to call for a second independent referendum to rejoin the EU
What is the policy with parties and the party system?
-The divisions increased within 2 main parties:
-At first May’s Withdrawal Agreement was defeated 3 times after rebellions from both Remain and Leave Tories. Labour Remainers wanted Corbyn/Starmer to commit to another referendum, whereas some Labour MPs who had leave-voting constituencies sought a soft Brexit
-After 2019 elections Conservatives were more likely to be pro-Brexit
-Brexit party was short-lived after 2020 and rebranded to Reform UK in 2021, support for UKIP has collapsed as main objective was achieved
-In 2019 people more strongly associated themselves with being leave/remain rather than a party
What is the policy with elections and voting behaviour?
Brexit was the main issue in the 2017 and 2019 general elections. In the 2016 referendum the cosmopolitan vs. non-cosmopolitan divide shaped voting behaviour. Conservatives performed better than average among voters who are older, white and working class, low educated and socially Conservative leave.
Labour performed better among voters who are young. BAME, middle class and graduates and are socially liberal Remain voters. most voters supported a party whose Brexit position aligned with their own- Conservatives were leave and Labour was remain.
After the 2016 referendum, the Conservatives pursued a new stance of ‘Hard Brexit’ which made them appear as the party most likely to get Brexit done, so their support from Leave voters went from 44% to 75% between 2015 and 2019. 62% of working-class voters voted Leave, so they defected to the Conservatives in the 2017 and 2019 GEs.
What are examples of exclusive EU competence?
Only EU can make law, not member states
Customs union:
EU has exclusive competence meaning they have al competence
Pros: Free trade among other member states, Easier to negotiate trade deals, an important step towards closer to economic integration and a single market
Cons: A country cannot negotiate separate deals if there is a common tariff among countries
A country can’t give preferential tariffs for a declining industry, before tariffs would have protected struggling industry whereas in a customs union you can’t choose a separate tariffs
Monetary policy:
EU has exclusive competence with monetary policy. The euro was introduced in 1999 to strengthen exchange between countries and the union.
Pros:
Promoting trade- elimination of currency risks and labour and goods can flow more easily across borders
Encouraging investment- less foreign exchange risk within the eurozone
Mutual support- the euro helps countries that adopt it to support each other during a crisis
Cons- Does not fit local economic conditions, high unemployment &
Possible bias in favour of germany
What are examples of shared EU and member state competence?
Social and employment policy:
Arguments For:
The EU has introduced minimum common standards on working hours applicable to all member states.
New rules introducing minimum rights on working conditions such as:
Limiting the length of the probationary period to six months
Introducing free mandatory training
Banning restrictive contracts
Arguments Against:
Social policy aimed to create an equal society focusing on employment and welfare but the EU is now facing rising unemployment. There has also been increasing austerity and severe welfare cuts.
Employment policy - should be more fundamental law on the enforcements for migrant workers and the aging population.
Area of freedom, security and justice:
-In the past few years, the AFSJ has gone through multiple challenges, but little has been done to resolve them.
-To date, the EU has dealt with each crisis separately, but as they are starting to impact each other and become related, this isn’t sustainable.
-Yet countries have different ideas on how to deal with this, and some countries are being excluded from the EU’s common legal space. However, as this problem stems from political rather than legal problems can’t be solved through new laws.
-It is believed that the EU should come up with a ‘European Justice Semester’, to rebuild trust through establishing a stronger link between policies, the movement of people and allow the EU to deal with issues related to mutual trust faster.
-Another possible solution would be to set up teams to better communicate between Brussels and state governments.
What are examples of supporting competence?
Culture:
The EU’s activities in the arts and cultural sector are mostly to do with funding, policy coordination, and the promotion of culture and the arts. The impacts of Brexit have been predicted to be largely negative for the sector.
Health:
EU member states took public health measures to limit the spread.
It caused uneven GDP loss across all member states.
Governments adopted many short term measures in line with EU crisis policy guidelines. However, the composition of fiscal packages was heterogeneous across all member states.
Pandemic amplified risk of economic divergence between EU member states.
The initial EU response consisted of measures taken within the existing rules and policy frameworks to support national efforts to manage the crisis.
EU worked on developing larger support instruments to deal with the economic consequences of the pandemic
Compared to member states responses, the EU economic response was very slow
What is proportionality?
Any action taken by the EU should not go beyond what is necessary to achieve the objectives of the treaties
What is subsidiarity?
Outside of its exclusive competences, the EU does not act unless it’s more effective than action taken at national, regional or local level. National parliaments monitor subsidiarity and collectively can issue a ‘yellow card’ asking the European Commission to reconsider proposals that do not comply with subsidiarity. This procedure has only been used 3 times, and the Commission only withdrew one of its proposals.
What was the impact of the EU on British policy?
The EU’s policy impact was significant in trade, agriculture, business and the environment, but less apparent in health and defence. UK gov departments and local authorities implemented EU laws, and the British courts enforced them.
EU membership contributed to the development of multilevel governance (a system of decision making in which subnational, national and supranational institutions all have policy competences) in the UK. British state became less centralised. Decision making authority was transferred upwards from central government to the EU, and downwards to devolved institutions and local government.
What is legal sovereignty and its importance?
This concerns ultimate decision-making authority. In the UK, Eurosceptics often focus on this, arguing that EU membership meant a loss of sovereignty because EU law had primacy over national law. Soft eurosceptics sought opt-outs from some EU policies and the return to national governments of some competences. Hard ones regarded only withdrawal from the EU or a fundamental renegotiation of British membership as sufficient to restore sovereignty.
What is political sovereignty and its importance?
The political ability to exercise sovereignty. For pro-Europeans, sovereignty thus means effective influence and a practical capacity to act. Within the EU, the UK pooled sovereignty, sharing its sovereignty with other EU states in order to increase its influence and capacity to act.
What is parliamentary sovereignty and its importance?
Where ultimate authority resides with parliament, which is the supreme law-making body.
It has 3 elements:
-Legislation made by parliament cannot be overturned by any higher authority
-Parliament can legislate on any subject of its choosing
-No parliament can bind its successors
EU membership challenged parliamentary sovereignty in the UK. EU law had primacy: it took priority over national law. The European Communities Act 1972 gave future EU law legal force in the UK and denied effectiveness to national legislation which conflicted with it. Shown in 1990 Factortame case. The Merchant Shipping Act 1998 had prevented non-British citizens from registering boats as British in order to qualify for the UK’s quota under the Common Fisheries Policy. But HoL after ruling from ECJ, decided that the Act was incompatible with EU law and should be ‘disapplied’. This undermined p sovereignty as laws made by parliament could be overturned by another authority. However parliament can still retain ultimate legislative authority and repeal the European Communities Act.
What is popular sovereignty and its importance?
The authority of the state is derived from the consent of the people.
The European Union Act 2011 introduced a ‘referendum lock’ under which any future treaty transferring powers from the UK to the EU must be put to a binding referendum in the UK. This was never used because of the 2016 Brexit referendum.
What are examples of exclusive member state competence?
Income tax:
Pros and Cons of the EU having no competence:
Gives more sovereignty to the individual countries
Could prevent discontent from the states because they feel as if they still have their own power
Firms will relocate to countries that have lower rates of tax which could cause tax havens
Countries with lower rates of tax will collect less income and then have less to contribute to the EU
Denmark (55.9%), Austria (55%), Portugal (53%), Sweden (52.3%) and Belgium (50%)have some of the highest income tax rates
Romania (10%), Bulgaria (10%), Bosnia and Herzegovina (10%), Kosovo (10%) and North Macedonia (10%) Have some of the lowest income tax rates.
Social security:
It exclusive member state competence, meaning the EU have no competence over it.
This is more democratic because the countries are able to represent their own interests.
Consequently, countries with weaker social security will want to move to other EU countries with stronger social security, which they are entitled to do because of free movement.
For example, someone with long term disabilities may move to a country to with better healthcare and abuse their system.
Sweden (Richer country): Majority of health & medical care is publicly financed.
Bulgaria (Poorer country): Most health issues require personal insurance & benefits are hard to come by.
