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big Matt's class > terms and shit > Flashcards

terms and shit Flashcards

not fuck up this midterm and the final

1
Q

Art. 101 TFEU

A

collusive behavior is contrary to consumer interests illegal to “hinder, distort, or prevent competition inside EU” collusion requires 2 or more companies in agreement or concerted practice “any form of coordination between 2 or more companies that limits the risks of competition by changing the normal market conditions”

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2
Q

Art. 226 EC

A

Commission v. Member State

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3
Q

Art. 221 EC

A

one judge/member state 6 year term can be reappointed

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4
Q

supranationality

A

minimum level of sovereignty for states, majority can overrule, Euro law > national law

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5
Q

monism

A

ex: continental Europe after ratification of international treaties, they automatically become national law

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6
Q

dualism

A

ex: common law countries after ratification of international treaties, require further approval before becoming national law

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7
Q

Principle of subsidiarity

A

Decisions affecting citizens should be taken at lowest level of govt

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8
Q

European Council

A
  • consists of PMs, ministers of foreign affairs, prez EC -meets twice a year
  • deals with politically sensitive issue and med-long term (ex: SEA, Treaty of Maastricht)
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9
Q

Double taxation

A

It is

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10
Q

Austerity measures and Eurocrisis

A

Ease of acquiring credit Global recession Financial responsibility (esp. Greece, Portugal, Ireland also Spain, Italy), lower govt spending

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11
Q

European Monetary System

A

System created in 1979 used to keep European currencies at relatively stable exchange rates and to reduce inflation Replaced by Eurozone in 1999 Stronger economies pulled up weaker economies

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12
Q

Dublin regulation

A

Responsibility for examining a claim lies primarily with the country which played the greatest part in the applicant’s entry or residence in the EU Enhances protections for asylum seekers while applications being processed hierarchy: family visa/res permit how they got into EU

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13
Q

Qualification directive

A

Specifies the grounds for granting international protection & gives certain rights Encourages uniformity and specificity and fairness

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14
Q

Asylum procedures directive

A

To have fairer, quicker, better quality asylum decisions

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15
Q

Reception conditions directive

A

Assured humane reception conditions such as housing Assured that detention is measure of last resort

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16
Q

Art. 222 EC

A

assisted by 8 advocates-general

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17
Q

Art. 230 EC

A

action for annulment of EU law

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18
Q

Art. 234 EC

A

preliminary rulings

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19
Q

Art. 225 EC

A

most direct actions

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20
Q

Eurodac

A

Regulation that allows police to access fingerprints of asylum seekers Operating since 2003

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21
Q

Acquis Communautaire

A

Entire body of EU law Includes: everything

22
Q

Flying geese model

A

Measures evolution of type of economic activity in country Integration into free market ideally leads to countries moving toward higher value and sophistication due to specialization

23
Q

Accession info in AC

A

Shit

24
Q

European Commission

A

Daily management of the EU; Power of initiative - sole authority to propose laws; Negotiate text of treaties; Enforce EU law Annual Report

Considered the Guardian of Treaties

25
Q

Democratic Deficit

A

Because the Euro Parliament controls EC when it should control the Council of Ministers. EP and EC have European interests whereas the Council of Ministers is driven by national interests. Also Demo Deficit the Commission is the only body to propose laws but not voted for directly

26
Q

Council of Ministers

A

National interests; Decision making - final say on EU law; Establish Common Policies (exclusive domain of EU); Sign international treaties on behalf of EU; harmonize differences in national legal systems

27
Q

Common Policies

A

are the exclusive domain of the EU therefore nations can’t form laws around these policies

28
Q

Inner/Outer Circle

A

Changes based on subject area; on a particular issue inner circle is made of countries wanting fast decisions less sovereignty vs. outer circle wants slow integration more sovereignty e.g. EURO: SW, Den, UK = Outer vs FR, IT, GR, Benelux = inner

29
Q

Copenhagen Criteria

A

1992 Rules of Accession; -Democratic -Established rule of law + Rights for minorities -Implement EU laws - Market economy (no commies)

30
Q

CCT

A

Common Customs Tariff; relates to Free Movement of Goods Applies to all countries outside the EU; but EU reserves the right to discriminate tariffs based on country; and all EU members must apply tariffs identically

31
Q

CHEE (t)

A

Charges Having Equivalent Effect to tariffs; prohibited for Free Movement of Goods; with exception of health or safety inspections/services e.g.

32
Q

MHEE (q)

A

Measures Having Equivalent Effect to quotas; any

33
Q

Quotas vs. Customs Duties/Tarriffs

A

quotas put limits on how much is imported duties/tariffs charge imports

34
Q

Free Movement of Goods

A
  1. Customs Union: CCT and Abolish customs duties/CHEE 2. Abolish quotas/MHEE Prohibits any national trade rule capable of hindering directly or indirectly actually or potentially trade between member states
35
Q

Dassonville Case

A

Bel bros imported scottish whiskey from FR –> BEL because the excise tax was lower Bel govt intro’d certificate of origins ECJ overruled bc MHEE

36
Q

Cassis de Dijon Case

A

Germany required a min alcohol level for liquor; effected french imports ECJ ruled against it for indirectly discriminating on French liquor; anything sold in one MS can be sold everywhere; mutual recognition principle EXCEPTION: guns, baby food, energy drinks - things to do with public health but not to protect domestic industry

37
Q

Free Movement of Persons

A
  1. Workers: seek employment anywhere in EU; max stay 6mo; accept work/residence; right to a pension 2. Provide Services: respect mutual recognition of diplomas 3. Right of Establishment: has to do with statutory seats - companies registering their businesses regardless of providing services (whether or not they fuckin she came over thats all that counts) for purposes of tax planning With the exception of public order; decency; health; security/safety
38
Q

EU Competition Policy

A

Art 101 of TFEU: illegal to distort hinder, prevent competition in EU i.e. collusion via agreements or concerted practices

39
Q

Brexit

A

Reasons for Brexit: NOT economic mostly migration Migration - Wages - false? EU policy regulations - false UK and NL are freest in terms of market operations Net Contributions to EU Budget - UK pays more into budget What is the UK losing out in terms of Brexit - no supranational alliance - has to renegotiate allllll its trade deals and treaties -

40
Q

Possibilities for Brexit

A
  • Interim Deal: leave now negotiate later - Customs Agreement: - Norwegian Model: EEA and EFTA; access to SEA but comply with EU legislation without VOICE - Swiss Model: EFTA not EEA -Turk Model: FTA/Customs Union - Bilteral Agreements: UK negotiates individual bisexual deals
41
Q

Enlargement Triangle

A
42
Q

EMS (ecu) –> EMU (euro)

A

1978 EMS; ecu basket of currencies 1992 Maastricht Treaty est. the EMU Convergence Criteria - entry requirement for eurozone 1999 Euro replaces ecu

43
Q

Lisbon Treaty 2009

A

Shifted from 3 pillar structure of EU - Common Foreign and Security Policy - PJC in the Maastricht Treay was updated instead for the EU to by organized under a singular entity

44
Q

Cordon Sanitaire Provisions 1993

A

Effective border controls by CEE countries in exchange for financial economic aid because the Maastricht Treaty est. Common Market - Western Euro countries fear abuse of free movement of persons

45
Q

Gabrielle Defrenne Case 1968

A

In 1968 Defrenne stewardness discovered no payment equality –> took to Belgian Courts –> asked for clarification to ECJ whether equal pay applies from 1957 (bc of Equal Pay EEC treaty) or 1968?

ECJ never gives ruling on specific cases with this exception saying equal pay treaty applies from 1968 onwards * Defrenne + others get backpay

46
Q

Acte Claire Doctrine

A

doctrine states if judgement/rule of law is clear enough then member state not required to take every single detail to the ECJ. Don’t be no micromanaging shouldn’t be lazy ass take it in your own hands hoe you got this

47
Q

Agenda 2000

A
  1. Reforming EU policies: create good econ conditions
  2. Prep all applicant countries for membership
  3. Reform EU internal policies
48
Q

European Conference 1998

A
  • Members needed enhanced pre-accession strategy
  • Individual negotiations with each country
  • Screening of EU legislation
  • Review procedure
49
Q
A
50
Q

European Parliament

A

Directly elected

Controls EU commission

Decion making; discuss and pass legislation (with Council of Ministers - final say)

Approves the budget

51
Q
A

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