The English Legal System - EU (Chapter 8)

Question 1

What are the decision-making bodies in the EU?

Answer 1

The European Parliament: Represents the EU’s citizens and is directly elected by them (analog Nationalrat)
The Council of the European Union: Represents the individual member states (analog Ständerat)
European Commission: Seeks to uphold the interests of the Union (analog Bundesrat)

Question 2

Who proposes new laws? Who enacts them?

Answer 2

The Commission proposes new laws, the Parliament and Council enact them

Question 3

What are the two courts on EU level?

Answer 3

Court of Justice: Upholds the rule of European law
Court of Auditors: Checks the financing of the Union’s activities

Question 4

Besides the parliament, the council, commission and courts, what are the six other bodies that have key roles in making the EU work?

Answer 4

European Economic Social Committee - represents civil society, employers and employees
Committee of Regions - represents regional and local authorities
European Investment Bank - finances EU investment projects, and helps small businesses via the European Investment Fund
European Central Bank - responsible for European monetary policy
European Ombudsman - investigates complaints about maladministration by EU institutions and bodies
European Data Protection Supervisor - safeguards the privacy of people’s personal data

Question 5

What four treaties is the European Union founded on?
Which one has expired?

Answer 5

Treaty establishing the European Coal and Steel Community (ECSC) - signed 1951 - enter into force 1952 - expired 2002
Treaty establishing the European Economic Community (EEC) - signed 1957 - enter into force 1958 - often referred to as the “Treaty of Rome”
Treaty establishing the European Atomic Energy Community (Euroatom) - signed alongside with the Treaty of Rome
Treaty on European Union (TEU) - signed 1992 - enter into force 1993 - often referred to as the “Treaty of Maastricht”

Question 6

What was the inteition of the Treaty of Rome 1957?

Answer 6

To abolish restrictions affecting the movement of people, goods and capital

Question 7

Art. 3 of the Treaty of Rome 1957

Answer 7

Abolition of all custom duties and quantitative restrictions on the import and export of goods between Member States

Question 8

What’s the approx. size of the EU?

Answer 8

450 M p

Question 9

What effect did the Treaty of Maastricht have on naming?

Answer 9

The European Economic Community was renamed to European Community

Question 10

What new policy areas did the Treaty of Maastricht bring to the EU?

Answer 10

Foreign policy
Security policy
Justice and home affairs

Question 11

Besides the four treaties that were created to establish the EU, there were four other treaties that were important. Which and what was their effect?

Answer 11

Single European Act - signed 1986 - enter into force 1987 - amended EEC Treaty and paved the way for a “single market” - commitment to remove barriers until end of 1992
Treaty of Amsterdam - signed 1997 - enter into force 1999 - Amended EU and EC treaties, giving numbers instead of letters to EU Treaty Articles
Treaty of Nice - signed 2001 - enter into force 2003 - amended other treaties, streamlined EU decision making system to work after new member states joined after 2004
Treaty of Stability, Co-ordination and Governance in the Economic and Monetary Union (Fiscal Treaty) - signed 2012 by all except UK and CZ - enter into force 2013 - designed to increase budgetary discipline in the Eurozone

Question 12

Fiscal Treaty 2012 - Which two countries did not sign it?

Answer 12

UK and CZ

Question 13

Fiscal Treaty 2012 - what three obligations did it have on the member states?

Answer 13

1) Maintain structural budget deficit below 0.5% of GDP
2) Observe Eurozone’s existing stability and growth pact (SGP) which caps debt at max. of 60% of Member States’ GDP
3) Run general deficits at no more than 3% of GDP

Question 14

Fiscal Treaty 2012 - what can be done against Member States that do not comply with the Treaty?

Answer 14

One or more Member States can refer the non-compliant country to the European Court of Justice
This can either be based on an adverse report of the EC or independently of the Commission’s Report

Question 15

Fiscal Treaty 2012 - what penalty can the European Court of Justice impose on a non-compliant Member State?

Answer 15

Financial sanctions of up to 0.1% of GDP

Question 16

Fiscal Treaty 2012 - why didn’t the UK sign?

Answer 16

UK claimed that it would undermine the City of London’s global status as a global financial market leader

Question 17

Before the Treaty of Lisbon, there was a distinction between EU and EC law. The EU contained three pillars. Which were these?
Which pillars are not subject to majority voting at present?

Answer 17

Pillar one: European community (EC) for social and economic policies
Pillar two: Common Foreign and Security Policy (CFSP) for foreign policy and security policy
Pillar three: Police and Judicial Co-operation in Criminal Matters (PJCC) co-operation in the fight against crime (originally named Justice and Home Affairs)

Second and third pillar are not subject to majority voting at present

Question 18

When was the Treaty of Lisbon signed and entered into force?
Which treaties did it replace?

Answer 18

2007 and 2009
The Treaty of Lisbon amended the previous EU and EC Treaties without replacing them

Question 19

Which earlier Treaty was renamed through the Treaty of Lisbon?
What other effect did the Treaty of Lisbon have on this particular treaty?

Answer 19

The Treaty of Rome - Treaty establishing the European Economic Community (EEC) - was renamed as the Treaty on the Functioning of the European Union (TFEU)
The numbering was also changed (e.g., Art. 81 became Art. 101)

Question 20

Arguably the biggest legal change introduced with the Treaty of Lisbon

Answer 20

Introduction of the legally binding Charter of Fundamental Rights of the European Union

Question 21

Charter of Fundamental Rights of the European Union - what is it?
Is it applicable to the UK and the entire EU?

Answer 21

It enshrined certain political, social, and economic rights for European Union (EU) citizens and residents into EU law.
Not applicable to UK and Poland

Question 22

Treaty of Lisbon had an important effect - which can be compared to the Swiss Constitution - which’

Answer 22

The Treaty of Lisbon clarified the distribution of powers between the EU and its Member States, i.e., which powers belong to the EU, which belong to the Member States only, which powers are shared.
As a basic rule is that the EU will only be able to exercise the powers that have been conferred on it by the Member States. It must respect the fact that all other powers rest with the Member States.

Question 23

3 policy areas that the EU has exclusive charge over

Answer 23

Competition rules
Monetary policy
Common commercial policy

Question 24

3 policy areas that Member States have primary responsibility over

Answer 24

Health
Education
Industry

Question 25

4 policy areas where the EU and Member States share competence

Answer 25

Internal Market
Agriculture
Transport
Energy

Question 26

Why was the Lisbon Treaty Important for Brexit?

Answer 26

The Lisbon Treaty introduced Art. 50 which allowed member states to withdraw from the EU

Question 27

What is the process for EU Member countries to withdraw from the EU under Article 50?

Answer 27

Member states must notify the EU
Withdrawal agreement must be negotiated
Once the agreement is in place, the EU Treaties would cease to be applicable to the Member States concerned either from the commencement of the withdrawal agreement or within two years of the notification to withdraw
Member states and the EU can agree to extend the 2-year period

Question 28

On the EU side, who can agree to the Withdrawal Agreement?

Answer 28

The European Council, acting by qualifying majority, after obtaining the consent of the European Parliament.

Question 29

Which two principles were introduced in the Treaty of Lisbon? What do they mean?

Answer 29

Subsidiarity
-EU decisions must be taken as closely to the people as possible
-Apart from the actions that fall directly under its competence, the EU does not take action, unless it would be more efficient than taken on national, regional or local level

Proportionality
-EU must limit its actions to what is necessary to achieve the objectives set out in the Treaty of Lisbon

Question 30

The Treaty of Lisbon introduced a mechanism to check for subsidiarity. How does it work?

Answer 30

National parliaments can object to Commission proposals within 8 weeks of publication by delivering “reasoned opinion” on the grounds that the proposal breaches the principle of subsidiarity (i.e., demonstrating that a given objective could be better achieved at a local level and that the EU should not interfere)
If national parliaments (in the Council) vote with at least one third majority, the Commission must review the proposal. It can maintain, amend or withdraw its proposal.

Question 31

When the European Commission is planning to introduce a new law but is challenged by a simple majority of the votes in the European Council and the Commission still plans on introducing the law nonetheless, which procedure is triggered?

Answer 31

The Commission is then required to issue a reasoned opinion justifying how its proposals are in compliance with the principle of subsidiarity.
The reasoned opinions of both national parliaments’ and the Commission go before the European Parliament and the European Council.
If 55% of European Council or majority of the European Parliament agree with the reasoned opinions of national parliaments, the proposal will not be considered further

Question 32

The Treaty of Lisbon also introduced the principle of enhanced co-operation. What does it mean?

Answer 32

Under EU rules, it can be used to enable some member states (it does not have to be all 27 of them) to move forward with new rules when an unanimous agreement cannot be found. This requires at least 9 member states joining. So far, this has been used in divorce law, patents, and internal borders.

Question 33

What is the reference procedure in the EU?

Answer 33

A legal procedure in the EU, used by a national court, when it is unsure about the interpretation or validity of an EU law. The national court sometimes may, in some cases must, ask the EU Court of Justice for advice.
The advice is given in form of a “preliminary ruling” and is initiated according to Art. 267 of the Treaty on the Functioning of the EU.
Once the ruling is made, the case returns to the member state court to apply the ruling. The ruling given by the Court of Justice is binding on courts in all EU member states.