The Nature of the EU, institutions and democracy Flashcards
Define TEU
The treaty of the European union sets out the EU’s purpose, democratic principles, institutions and government framework
Define TFEU
Treaty on the functioning of the European union. This is concerned with the specific provisions wit regard to the union institutions and policies.
What are some objectives from the preambles of the TEU/TFEU?
economic and social progress, political, foreign and security policy, equality and human rights, free movements of persons and goods and developing universal values and end the divisions of Europe and create an even closer union
Discuss the creation of the EU
- created towards the end of the WWWII to prevent conflict and encourage cooperation
- created by states through an international treaty
- The EU has the ability to take action within the legal powers granted by the TEU/TFEU (primary law= treaties and secondary law= case law)
Discuss the EU in terms of its supremacy
The EU is over national law it is on a supranational level (over the national at the international level)
Discuss the institutions in the EU
EU commission, EU parliament, the council of the EU, the court of justice of the EU and the EU council
How does primary law and the institutions in the EU link?
this involves the EU council which entails the creation/ amendments of EU treaties (sets priorities and objectives of the EU)
How does secondary law interfere with EU institutions?
The Council/EP Commission are involved in the creation/amendment of secondary EU law
What is the current membership of the EU?
27 states
Discuss the membership process
- there is a formal accession process for the candidate country
- the country aligns itself with EU values, goals and the legal system
- article 49 TEU states that any European state which respects the values referred to in Article 2 and is committed to promoting them can apply
What are the values outlined in Article 2 of the TEU?
values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail
Discuss the exit process of the EU
- Exit process is governed by Article 50 of the TEU
Discuss Article 50 of the TEU
in summary, this states that any state which decides to withdraw from the EU shall notify the council of its decision and come to an agreement with the state. Any treaties must cease to apply
Discuss what happens if a state decide the rejoin?
Its request shall be subject to the procedure referred to in Article 49