Sources of the EU Flashcards
How can the EU law be divided into?
Primary law and secondary law.
What does the primary law include?
Treaties and access to treaties and protocols to the treaties, general principles of EU law written and unwritten, decisions of EU institutions of institutional and constitutional dimension.
Is the Charter of Fundamental Rights of the EU primary or secondary law?
Primary law.
What is the secondary law?
The secondary law is issued on the basis of primary law to exercise the union’s competences the institutions shall adopt the regulations, directives, and decisions as well as recommendations and opinions.
Do regulations, directives, and decisions have a binding character?
Yes.
Do recommendations and opinions have a binding character?
No.
What does it mean that a regulation has a general application?
It means that it contains general and abstract norms binding not only the states but also individuals.
Does a directive have general application?
No. The directive is binding as a rule only the member states to whom it is addressed.
Is a decision directly applicable?
Yes.
Are international agreements of the European Union binding?
Yes. They are binding on the institutions of the EU and the member states.
Are accession countries bound by international agreements concluded by the EU prior to their accession?
Yes.
Who will bear the international responsibility if a member state violates the provisions of the agreement concluded by the EU?
The EU will bear its international responsibility because it’s a part and has made commitments to third countries. Member states can be held liable under union law for the violation of their obligations under the treaties.
Where is EU law promulgated in?
In the official journal of the EU.
Is there a hierarchical relationship between EU legal acts?
Yes. A division into primary and secondary law is based on hierarchy relations and the EU international agreements are between the primary and secondary law.
Is there a hierarchy relationship between the delegated and implementing legal acts?
Yes.
Who is responsible for constitutional control over EU legal acts?
The Court of Justice of the European Union.
What is article 48 of the Treaty on the EU.
…
Of how many titles does the Charter of Fundamental Rights of the EU consist of?
It consists of six titles on fundamental freedoms and one general title including General provisions on the application of the Charter.
When was the Charter of Fundamental Rights of the EU adapted?
On the 12th December 2007 at Strassbourg.
Does the Charter of Fundamental Rights of the EU have the same value as the treaties?
Yes.
Name the areas of fundamental rights according to the Charter of Fundamental Rights of the EU.
…
What can we find in the title concerning solidarity of the Charter of Fundamental Rights of the EU?
Workers rights to information and consultation within the undertaking, the right of collective bargaining and action, right of access to placement services, provisions regarding protection in the event of unjustified dismissal for the just working conditions, prohibitions of child labor and protection of young people at work, social security and social assistance, environmental protection and consumer protection.
What is article 20. of the Treaty on the Functioning of the European Union.
…
Explain the citizenship of the Union.
Every person holding the nationality of the member states shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship.
