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European Integration > Unit 2 > Flashcards

Unit 2 Flashcards

1
Q

Supranational vs intergovernmental

A

Intergovernmental means that different states are representing their own interests in the meetings/negotiations - all states’ interests represented in the room. While supranational is an org considering the best for the org as a whole. This means that all states are affected differently in each decision. Ex Germany (car focusing state) will not benefit from a deeper integrated FTA with China, but maybe Croatia does.

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2
Q

VETO

A

The official power to reject something, saying NO. The hardest part of the intergovernmental decision making, means that states can put veto in a certain topic and block the decision making.

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3
Q

Federation

A

Afederationis an organization made up of smaller groups, parties, or states. The United States is afederation; the states all fall under the same federal government.

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4
Q

Confederation

A

When a group of states form an alliance, it is called aconfederation, allowing each member to govern itself but agreeing to work together for common causes.

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5
Q

Why will you not find the words ‘international org’ or ‘confederation’ on the EU website?

A

Because there are many who want to see EU as a state itself, to move from a confederation to a federation of states.

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6
Q

Does EU has a constitution?

A

No only states have constitutions. EU tried to implement one but many member states said no. A constitution often consist of a meaning like “regions cannot leave the state”, and of course the member states of EU want the right to leave.

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7
Q

Opt-out

A

Choose to not participate in something, like Denmark with the euro currency. Poland have their Szloty but that is not because of an opt-out, it is simply because they have not reached the economic requirements of being a part of the currency area.

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8
Q

Where are the EU competences defined?

A

In the treaties called TFEU - Treaty on the Functioning of the European Union.

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9
Q

The 3 levels of competences:

A

First level competences = state level
Second level comp. = Regional level
Third level comp. = Local level (municipality)

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10
Q

Centralized countries

A

States where the competences are centered to the state level and the region/local level don’t have much power or decision making..

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11
Q

Decentralized country

A

A state where the regions and municipalities have much competences.

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12
Q

Ex om fields of politics that are often centralized vs decentralized

A

The trade and defence policies are often determined on the state level whereas the education can be more decentralized.

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13
Q

Transfer comptences

A

This means that states can transfer their competences to the international org = EU.

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14
Q

Shared competences

A

“Shared competence” means that both the EU and its member states may adopt legally binding acts in the area concerned. However, the member states can do so only where the EU has not exercised its competence or has explicitly ceased to do so.

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15
Q

Policy area

A

A field of policies, “culture and society” or “education” are examples of policy areas.

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16
Q

Will a policy area always be on only one level of competence?

A

No, a policy area can have different levels, it can be shared between ex state and EU-level.

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17
Q

TFEU Article 3

A

This is stating what the exclusive competences of EU is: ex customs union, competition regulations, monetary policy et.

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18
Q

TFEU Article 4

A

This is about the shared competences: ex internal market and social policy, environment etc.

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19
Q

TFEU Article 5

A

Competences to provide arrangements within which EU member states must coordinate policy: economic policy, employment, social policies etc.

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20
Q

TFEU Article 6

A

Competence to support, coordinate or supplement actions of the member states: human health, industry, culture, tourism etc.

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21
Q

Why having exclusive competences for EU?

A

Because if some players in industries are growing and becomes “too” large, this can hamper innovations and affect price levels so that is why for ex competition regulations must lie on the EU level.

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22
Q

Welfare policies, level?

A

It is on the state level, so for ex healthcare, education, retirement etc are up to each level to decide on which can be questioned since it opens up for inequalities. But on the other hand there is no other option because all these policy areas require taxes and budgeting and therefore it must be done on the state level.

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23
Q

Why so much inequalities in welfare policies?

A

Because they all require an instant inflow of money and for ex Sweden has a good system for this where a lot money is coming in and therefore they are able to have a good educational and pension system, but not all countries have this large inflow…

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24
Q

Primary law

A

Primary is the EU treaties, legal framework that tells the member states what they can do and not do. Binding agreements. These are the basis rules for all EU action.

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25
Q

Secondary law

A

The secondary law is divided into five unilaterl acts and agreements: regulations, directives, decisions, opinions and recommendations - which all of them affect your daily life within the EU. They are all derived from the principles and objectives set out in the treaties.

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26
Q

Difference regulations vs directives:

A

The regulations are binding themselves, so there is no need for the state to legislate in that area (they are automatically applied to all member states) while directives are imposing requirements on member states to take domestic legislative action - ex an achievement must be done but how the country decides to do it is up the each state alone.

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27
Q

Can EU act how they want?

A

No, all actions made by the EU must be founded in the treaties that have been approved democratically by the members. in other words, the treaties make up the framework for the actions of the EU institutions and distribute the powers and responsibilities between them.

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28
Q

Contents of treaties

A

Ex rules for EU institutions, how decisions are made and states the relationship between EU and its member states.

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29
Q

How is the procedure for applying directives?

A

The transposition into national law must take place within the deadline decided (generally 2 years), if not doing so, the Commission may initiate infringement proceedings.

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30
Q

Recommendations

A

Recommendations allow the EU 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. They have no binding force.

31
Q

Treaty of Rome

A

Is about the functioning of EU

32
Q

Treaty of Maastricht

A

Is about EU itself

33
Q

Except the treaties, what does the primary law also include?

A

The protocols attached to the founding and amending treaties and also the treaties about the accession of new countries into EU.

34
Q

In addition to primary and secondary law, there is also the supplementary law, what is that?

A

It is the case-law from the Court of Justice of the EU (CJEU), international law which is the inspiration for CJEU when developing its case-law and lastly also the general principles of law.

35
Q

Amending treaties?

A

When new countries joined the EU, the founding treaties were amended.

36
Q

In secondary law, we said that they consist of agreements, what are these types of agreements?

A

These conventions and agreements include:

  • international agreements: signed by EU and a country within or outside the org.
  • agreements between EU countries
  • interinstitutional agreements = between EU institutions.
37
Q

How does the EU evolve?

A

With the treaties as they are constantly updated. Ex, the competences on the EU-level have increased over the years. The more competences you put on EU and the more states joining the club, the more legislation/treaties are required.

38
Q

Difference between the purposes of the EU institutions vs the decentralized agencies:

A

The institutions are the ones managing the daily activities and legislate while the agencies contribute the implementation of EU policies and support the institutions with technical and expertise. Ex specialised knowledge in security, transport, food, medicines etc.

39
Q

Ex of decentralized agencies:

A

They are numerous but ex European Banking Authority (EBA), European Medicines Agency (EMA) etc…

40
Q

European Parliament

A

(Institution) (supranational)
The European Parliament (EP) is the only directly-elected EU body and one of the largest democratic assemblies in the world. Its 751 Members represent the EU’s 500 million citizens (elected once every 5 years).
-legislative power together with the Council
-budgetary power together with the Council
-power of control over the EU institutions

41
Q

European Central Bank

A

(Institution)The European Central Bank (ECB) manages the euro and frames and implements EU economic & monetary policy. Its main aim is to keep prices stable, thereby supporting economic growth and job creation.

42
Q

Council of the EU/The Council/Council of Ministers

A 
(Institution)
It is one of the EU's main decision-making bodies. Its meetings are attended by ministers from the 28 EU countries, and it is the institution where these countries adopt laws and coordinate policies. HQ in Brussels. 
Five key responsibilities:
1. Pass laws (often jointly with EP)
2. Coordinate member states' policies
3. EU's common foreign and security policies in line with the european council's objectives. 
4. Conclude international agreements
5. Budgetary power together with EP.

Ps. The council is divided into 10 configurations.

43
Q

European Council

A

(Institution)
The European Council’s role is to provide the general political guidelines and priorities for the EU’s development and is represented by the EU member states’ Head of State/Government.
It does not exercise any legislative function.

44
Q

European Commission

A

(Institution)
Their role is to instigate (anstifta) and implement the EU policies led by its President and are divided into different departments. Driving force in EU.
It is making proposals for legal acts of the EU. To become law it must be adopted by the legislator.
It is supranational - taking the whole EU view.
It is also a “guardian of the treaties” as it makes sure that EU countries apply the laws properly.

45
Q

Court of Justice of the European Union

A

(Institution)
=CJEU
Consist of two parts:
* Court of Justice: gives preliminary rulings and hear some actions against EU institutions brought by EU countries and take appeals from the next one… which is:
* General Court: actions against EU institutions brought by mainly citizens.

46
Q

Council of Europe

A

(International org) (Europarådet)
Intergovernmental organisation with the 47 countries that together work for human rights and democracy and promotes its values through conventions. Helps to fight corruption and terrorism in the 47 member states.

47
Q

European Economic Area

A

(EU Agreements)

Unites Norway, Lichtenstein and Iceland into the internal single market of the EU that allows for the four freedoms.

48
Q

Euro Area/Eurozone

A

(EU Agreements)

The euro area consists of those Member States of the European Union that have adopted the euro as their currency.

49
Q

NAFTA

A

(EU Agreements)
The North American Free Trade Agreement eliminates most tariffs on trade among Mexico, Canada, and the United States.
NAFTA’s purpose was to encourage economic activity among North America’s three major economic powers.

50
Q

European Banking Union

A

The bankin union ensures that EU banks are stronger and better supervised. During the financial crisis 2008 we realized that a better and more integrated banking system was needed for the euro area countries.

51
Q

How are the EU laws adopted?

A

Mainly through the ordinary legislative procedure in which the European Parliament (directly elected) and the Council of the EU (representatives of the 28 member states) have equal say. The Commission submits a proposal and then these two have to agree in order for it to become EU law.

52
Q

Why have some treaties been amanded?

A

It can be because of a change; new competences, new institutions, new countries etc. Ex the Lisbon Treaty is an amending treaty updating the two founding treaties of Rome and Maastricht.

53
Q

Treaty of Maastricht

A

= Treaty on European Union.

54
Q

Treaty of Rome

A

= Treaty Establishing European Economic Community.

55
Q

Accession treaties/ Treaty of accession

A

When a new country is about to access the EU, an accession treaty is made. This must be ratified by both the member states and the new. Setting out the conditions for the accession but also the rights and obligation that the membership will come with.

56
Q

Integration vs disintegration

A

Integration means that people are brought together (eg accessing the EU) while disintegration means that you split up, destroy the relationship (eg as Brexit, going out of EU).

57
Q

What is EU not deciding on?

A

As I think I have mentioned before, welfare things such as education, tax, pension, healthcare etc, these are all decided on the national level since they all is based on public goods and therefore are dependent on tax income.

58
Q

What is a legal act of the Union?

A

EU legal acts are legislative or non-legislative acts adopted by the EU institutions.

59
Q

The five types of EU acts:

A 
Legally binding acts: 
1. Regulations
2. Directives
3. Decisions
Non-binding acts:
4. Recommendations
5. Opinions
60
Q

Can the Commission propose a legal act in every area where the EU has competence?

A

NO – for example, the EU has competence for common foreign and security policy but the Commission does not have powers to propose a legal act in this field.

61
Q

Special legislative procedure?

A

The EU uses a wide variety of special legislative procedures. Such procedures are only used when the Treaties explicitly refer one these procedure is to be used for a particular policy area or subject.

62
Q

Principle of subsidiarity:

A

This principle aims to ensure that decisions are taken as close to the citizens as possible. The EU does not want to make all decision - they want them to be made where they can be made best - often on national or regional level.

63
Q

Principle of conferral:

A

Fundamental principle of EU law that states the EU only can act within the competences that the Treaty of the functioning of the EU has declared in Article 2-6. Competences not conferred on the EU remain in the states.

This principle limits the EU competences while the subsidiarity and proportionality principles are about how to use these competences right.

64
Q

Proportionality principle:

A

The action of the EU must be limited to what is necessary to achieve the objectives of the Treaties. In other words, the content and form of the action must be in keeping with the aim pursued.

65
Q

ECOFIN

A

The configuration of ministers that handling the issues of Economic and Financial Affairs. All economic and finance ministers from the member countries are meeting and discuss this topic. Meet once a month.

66
Q

Difference between The European Council and The Council of EU:

A

The first mentioned sets directions and priorities for the work but is NOT a legislative body. It contains each member states’ head of government/state and Donald Tusk is the president. On the contrary, The Council is a legislative body together with the Parliament and is made up by national government ministers in the different policy areas, which are called configuration (10 different).

67
Q

Why need to have two legislative bodies approving the proposals?

A

Bc the parliament is supranational and the Council is intergovernmental. The population within EU does not want only the supranational institution to make decisions, they want their interests to be represented by the intergovernmental one.

68
Q

What type of decisions are made only by the council (and therefore only on the intergovernmental level)?

A

Ex foreign relations decisions and other sensitive topics.

69
Q

“Impact assessment”

A

The document that the commission must do when proposing on new initiatives where they analyses economic, social and environmental consequences of the act.

70
Q

Treaty of Paris

A

The first treaty, establishing the ECSC as Schuman one year earlier had proposed. Goal of sharing interests and have a look at each country’s production of weapons etc… First step in the creation of the EU.

71
Q

Treaty of Lisbon

A

An amending treaty since they had to take away the constitution of EU - too supranational for many countries. More democratic and efficient EU which gave more power to the Parliament and clarified the competences even further.

72
Q

Single European Act (SEA)

A

Made the pave for the single market to develop. Before this, just customs union etc but from now (and especially after Maastricht) the single market with its freedoms were established.

73
Q

EMU

A

All EU countries are within the Economic and Monetary Union even though not all have adopted the euro currency and therefore is not in the euro area. So, even if not all share the same monetary policy, they share fiscal policy in the EMU collaboration.

European Integration (3 decks)

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