The Spanish State as a Member of the International Community Flashcards
Why was Spian not involved in the International Arena until 1975?
Until 1975, the Franco regime made it impossible to envisage Spain’s accession to the European Communities, based on democratic principles and respect for human rights. Cooperation was limited to economic matters.
The death of the dictator Franco, followed by the liberalization and democratization of the country, enabled Spain to apply for membership of the European Communities in 1977, one month after the first democratic parliamentary elections.
When did Spain join the European Commission?
1978
When did Spain join the European Union?
After six years of tumultuous negotiations, Spain became a member of the European Union in 1986, together with Portugal. The entry of Spain (as well as those of Greece and Portugal) is politically symbolic: it shows that the Community is open to all European countries as long as they respect its fundamental principles.
Mention some European Union institutions
- European Court of Auditors
- European External Action Service (EEAS)
- European Economic and Social Committee (EESC)
- European Committee of the Regions (CoR)
- European Investment Bank (EIB)
- European Ombudsman
- European Data Protection Supervisor
- Inter-institutional services
What are the 5 types of regulations in the European Union?
Regulation, directives, decisions, recommendations, and opinions
What is a regulation?
– It is a binding legislative act. It must be applied in its entirety across the EU. For example, when the EU wanted to make sure that there are common safeguards on goods imported from outside the EU, the Council adopted a regulation.
What is a directive?
It is a legislative act that sets out a goal that all EU countries must achieve. However, it is up to the individual countries to devise their own laws on how to reach these goals. One example is the EU consumer rights directive, which strengthens rights for consumers across the EU, for example by eliminating hidden charges and costs on the internet, and extending the period under which consumers can withdraw from a sales contract.
What is a decision?
It is binding on those to whom it is addressed (e.g., an EU country or an individual company) and is directly applicable. For example, the Commission issued a decision on the EU participating in the work of various counter-terrorism organizations. The decision related to these organizations only.
What are recommendations?
It is not binding. When the Commission issued a recommendation that EU countries’ law authorities improve their use of videoconferencing to help judicial services work better across borders, this did not have any legal consequences. A recommendation allows the institutions to make their views known and to suggest a line of action without imposing any legal obligation on those to whom it is addressed.
What are opinions?
– It is an instrument that allows the institutions to make a statement in a non-binding fashion, in other words without imposing any legal obligation on those to whom it is addressed. An opinion is not binding. It can be issued by the main EU institutions (Commission, Council, Parliament), the Committee of the Regions and the European Economic and Social Committee. While laws are being made, the committees give opinions from their specific regional or economic and social viewpoint. For example, the Committee of the Regions issued an opinion on the clean air policy package for Europe.
What are the two procedures in the EU?
Ordinary legilative procedure, and co-decision procedure
Explain the ordinary legislative procedure
– It is a procedure that gives equal weight to the European Parliament and the Council of the Union on a wide range of areas (e.g., transport, economic governance, immigration, energy, transport, environment and consumer protection). The vast majority of European laws are adopted jointly by the European Parliament and the Council.
Explain the co-decision procedure
It was introduced by the Maastricht Treaty on the European Union (1992) and was extended and adapted by the Treaty of Amsterdam (1999) to enhance its effectiveness. With the entry into force of the Treaty of Lisbon on 1 December 2009, this procedure, renamed ordinary legislative procedure, has become the main legislative procedure of the EU decision-making system.
Explain what the European Parliament is in relation to the Lisbon Treaty
The Treaty of Lisbon, which came into force at the end of 2009, gave the European Parliament more legislative powers and put it on an equal footing with the Council of Ministers in deciding on the policies of the European Union and of how she uses her budget. It also changed the working relationship between Parliament and the other institutions and increased the influence of MEPs in the choice of EU leaders.
Explain the primacy of European Law
According to the principle of primacy, European law has a higher value than the national laws of the Member States. The principle of primacy applies to all European acts which have binding force. Member States cannot therefore apply a national rule which is contrary to European law.
The principle of primacy guarantees the superiority of European law over national rights. It is a fundamental principle of European law. Like the principle of direct effect, it is not enshrined in the Treaties, but has been enshrined by the Court of Justice of the European Union (CJEU).
