Week 1 Flashcards
1
Q
Who found the EU ?
A
is founded on the
2
Q
From which three European Communities was developed EU?
A
- European Coal and Steel Community (ECSC)
- European Economic Community (EEC)
- European Atomic Energy Community (Euratom)
3
Q
When EU was founded?
A
under the Maastricht Treaty of 1992. The ECSC was wound up in 2002 and the EC was subsumed into the European Union in December 2009, but Euratom continues to exist.
4
Q
Which were original six states of the 1950s?
A
The six founding countries are Belgium, France, Germany, Italy, Luxembourg and the Netherlands. The 1950s are dominated by a cold war between east and west. Protests in Hungary against the Communist regime are put down by Soviet tanks in 1956.
5
Q
How many member states are today?
A
twenty-eight
6
Q
1
A
judicial bodies
- the Court of Justice
- the General Court (first instance)
- the Civil Service Tribunal
legislative and policy-making bodies:
- the Council of the European Union
- the European Parliament
- the European Commission
7
Q
EU Law
A
Every action taken by the EU is founded on the treaties. These binding agreements between EU member countries set out EU objectives, rules for EU institutions, how decisions are made and the relationship between the EU and its members.
Primary Law
• Treaties are the starting point for EU law and are known in the EU as primary law.
Secondary Law
• The body of law that comes from the principles and objectives of the treaties is known as secondary law; and includes regulations, directives, decisions, recommendations and opinions.
Case Law
• Case law is produced by the European Court of Justice (or the ECJ) and the General Court (GC) (formerly the Court of First Instance).
8
Q
What EU treaties do you know?
A
- Treaty of Lisbon
- Treaty of Nice
- Treaty of Amsterdam
- Treaty on European Union ‐ Maastricht Treaty
- Single European Act
- Merger Treaty ‐ Brussels Treaty
- Treaties of Rome : EEC and EURATOM treaties
- Treaty establishing the European Coal and Steel Community
9
Q
What are set out in EU treaties?
A
- EU objectives
- rule for EU institutions
- how decisions are made
- the relationship between EU and its members
10
Q
What is EU legal acts called?
A
- Regulations
- Directives
- Decisions
- Recommendations
11
Q
What is EU regulations?
A
is a binding legislative act. it must be applied in its entirety across the EU
12
Q
What is EU directives ?
A
is a legislative act the 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.
13
Q
What is EU decisions?
A
is binding on those to whom it is addressed (e.g. an EU country or an individual company) and is directly applicable.
14
Q
What is EU recommendations?
A
is not binding. 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 addressed.
15
Q
What citations look like of Regulations and Directives
A
• Regulations ‐ the running number precedes the year
e.g. Council Regulation (EC) 1984/2003
• Directives ‐ the year precedes the running number e.g. Council Directive 2002/60/EC
16
Q
What kind of documents used to prepared EU legislation and include:
A
Commission legislative proposals
• Council positions
• Legislative proposals from the European Parliament
• Opinions from the European Economic and Social Committee and the Committee of the
Regions.
17
Q
What three courts consist the Court of Justice of the EU?
A
- Court of Justice, the
- General Court (created in 1988)
- Civil Service Tribunal (created in 2004)
18
Q
What are the sources of EU Law?
A
- Eur‐Lex
- Curia (database of the Court of Justice)
- Westlaw UK
- LexisLibrary
- BAILLI
19
Q
What is lecture 1 is about?
A
EU as a regional international organization. Specific character 3 of EU in comparison to other international organizations, in particular in the field of intellectual property (E.g. WIPO, WTO). EU membership in international organizations, with particular regard to intellectual property organizations (WIPO).
20
Q
What it is Shuman’s declaration?
A
The Schuman Declaration is the statement made by the French foreign minister Robert Schuman on 9 May 1950. It proposed to place French and German production of coal and steel under one common High Authority.
21
Q
History of European integration:
A
Facts:
- September 1946, the speech of the Winston Churchill in Zurich, proposed the creation of United States of Europe
- May 1950 Robert Shuman’s declaration, proposed to subject steel and coat to the industry of Germany and France transnational management the plan was also to cover Benelux countries and Italy.
- 1951 establishing European Coal and Steel Community
- 1958 treaties only entered into force, we have 3 communities:
European Coal and Steel Community
European Economic Community
European Atomic Energy Community
- 1965 Merge Treaty
- 1979 Entered in force, all of the three communities have had a common commission and the council
- 1986 European Act (1987 entered into force, amendments: EuroParliament has the power to act in the legislative procedure,
- 1992 Maastricht Treaty (Treaty on European Union TEU, entered into force 1993)
- 1997 Amsterdam treaty (1998 entered into force)
22
Q
What is co-decision procedure?
A
EuroParliament introduced it, which gives a real influence in a legislative procedure.
is the legislative process which is central to the Community’s decision-making system. It is based on the principle of parity and means that neither institution (European Parliament or Council) may adopt legislation without the other’s assent.
23
Q
What are 3 pillars of EU ?
A
The Treaty of Maastricht (1992) created the European Union as a single body of “three pillars”.
The pillars consist of the
- European Communities,
- Common Foreign and Security Policy
- Cooperation in Justice and Home affairs.
These pillars are seen as the three policy areas.
24
Q
What it is European Parliament?
A
it is the law-making branch of the institutions of the European Union. EU citizens elect its members once every five years. It meets in two locations: Strasbourg and Brussels.
25
What it is European Union?
The EU can be described as international interstate regional supranational International organization. is a political and economic union of 28 member states.
The EU has developed an internal single market through a standardised system of laws that apply in all member states in those matters, and only those matters, where members have agreed to act as one.
26
What it is European Council?
The Council of the European Union (often called Council of Ministers or just Council)
is one of the three organisations that manage the European Union. Along with the European Parliament, it is responsible for law making for the European Union. Its members are the government ministers of the member countries who are responsible for the law that is being discussed.
27
What it is European Commission?
The European Commission (EC) is an institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
28
What it is European Court of Justice?
The European Court of Justice (ECJ) is the judicial institution of the European Union. This means that it deals with disputes between parties as the courts do in Ireland. The ECJ has the important function of ensuring that European law is interpreted and applied in the same way in every member state.
29
What it is EU Ombudsman?
The European Ombudsman can help people, businesses or organisations that face problems with the EU's administration. The Ombudsman investigates complaints about maladministration by EU institutions and bodies, as well as proactively looking into broader systemic issues.
30
What it is The committee of Regions?
is assembly of local and regional representatives that provides sub-national authorities (i.e. regions, counties, provinces, municipalities and cities) with a direct voice within the EU's institutional framework.
was set up to address two main issues.
- development of new EU laws.
- widening gap between the public and the process of European integration;
31
What it is the social and Economic committee?
The European Economic and Social Committee (EESC) is a consultative body of the European Union (EU) established in 1958. It is an advisory assembly composed of "social partners", namely: employers (employers' organisations), employees (trade unions) and representatives of various other interests.
32
What it is European Central Bank?
is the central bank for the euro and administers monetary policy of the Eurozone, which consists of 19 EU member states and is one of the largest currency areas in the world.
33
What does it mean sui generis?
means own kind; in a class by itself; unique
However, sui generis statutes exist in many countries that extend intellectual property protection to matter that does not meet characteristic definitions: integrated circuit layouts, ship hull designs, fashion designs in France, databases, or plant varieties require sui generis statutes because of their unique characteristics.
Patents, copyrights, trademark etc are not sui generis because they meet characteristic definitions.
34
Why after Maastricht Treaty the EU become international regional sui generis organization?
Because it was not a typical, classical International organization. It consisted of 3 pillars. 1 included 3 separate international organizations with legal personality of supranational character (three Communities)
2 and 3 pillars included the forms of intergovernmental cooperation in common foreign and security policy, justice and home affairs.
35
What amendments do you know under Amsterdam Treaty?
1
36
What amendments do you know under Maastricht Treaty?
1
37
What it is supranational organization?
A supranational organization is an international group or union in which the power and influence of member states transcend national boundaries or interests to share in decision making and vote on issues concerning the collective body.
38
What are common purposes and values of EU ?
stated in the article 2 of the TEU
The Union is founded on the 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.
39
What does it mean Animus Contrahendi ?
- this legal term, literally it means intention to conclude contract.
40
What are autonomies of EU orders ?
EU orders Legal order - supremacy and priorities to national law in conflict to EU law.
Direct application and direct effect of the EU law.
The obligation to international law in the consistency with EU law. The obligation to provide the full effectiveness of EU law.
41
What does it mean Pacta Sunt Servanda principle?
This Latin phrase, which may be roughly translated as “treaties shall be complied with,” describes a significant general principle of international law—one that underlies the entire system of treaty-based relations between sovereign states.
should be performed in good faith.
Obligations of the member's states towards EU may be executed by EU institutions in the special procedures. The member states are obliged to provide for full effectiveness of EU law pursuant to the principles of cooperation provided in article 4 p3 in the treaty on the EU. The EU and member states shall in full mutual respect and assist each other and caring tasks which flow from the treaties.
42
What it is Lisbon Treaty?
The Treaty of Lisbon is an international agreement that amends the two treaties which form the constitutional basis of the European Union. The Treaty of Lisbon was signed by the EU member states on 13 December 2007, and entered into force on 1 December 2009
43
What are the basic foundations of EU Law?
* Treaty on the EU
| * Treaty on the functioning of the EU ( amended treaty establishing the EC) * Charter of Fundamental Rights of the EU.
44
On what values were founded the European Union?
respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.
pluralism, non- discrimination, tolerance, justice, solidarity, and equality between women and men prevail.
45
What is the aim of EU?
The aims of the EU are listed in article 3 on the Treaty of the EU. The union’s aim is to promote peace, its value and the well being of its people. The Union shall offer its citizen and the area of freedom, security, and justice without internal frontiers. In which the free movement person is insurance in the conjunction with an appropriate measure with respect to the external borders controls, asylum, migration and the prevention combating of the crime. The Union shall establish an internal market, it shall work for the sustainable development of Europe based on the balance of the economic growth and price stability. Highly competitive social market economy, aiming the full employment and social progress and high level of protection and improvement of the equality of the environment. It shall promote scientific and technological advance, it shall combat social exclusion and discrimination and shall promote justice and protection, equality between women and men, solidarity between generation and the protection of the rights of the child.
It shall also promote economic, social and territorial cohesion and solidarity among member states. It shall respect its reach cultural and linguistic diversity and shall ensure that Europe's cultural heritage is saved and enhanced. The Union shall establish an economic and monetary union whose currency is euro. In its relations with wider world, the Union shall uphold and promote values and interests and contribute to the protection of its citizens. It shall contribute to the peace, security to the sustainable development of the earth, solidarity and mutual respect among people, free and fair trade, reduction of the poverty and the protection of the human rights in particular the rights of the child as well as to the strict observers and the development of the international law, including respect for the principles of the united nations Charter. The union shall persevere objects by the appropriated means according to the competencies which are conferred happened to the treaties.
46
What it is territorial temporal and personal application of the EU law?
Pursuant to the article 52 of the TEU in the first paragraph stated that the treaties shall be applied to the member states.
But in the 2 paragraph we have citation to the article 355 of the TFEU where is stated that special arrangements are provided for application or exclusion of the application of the treaties to the territories to who’s external relations a member state is responsible for example treaties shall apply to French Guiana, Martinique, Mayotte or the Isorse Island, Madeira and Canary Islands with some modification but they shall not apply for example to fairies islands.
47
Where we can find the requirements for the accession of the new member states to the EU?
in article 49 of the EU.
48
What are the requirements for the accession to the EU?
According to that provision, any European state which respects the values referred to the article 2 of that treaty and as committing to promote them may apply to become a member of the Union.
49
What it is Copenhagen Criteria?
These criteria related to constitutional and economical requirements such as a democratic system based on the rule of law and market economy when the application of the state accepted it is provided with the status of the candidate country and accession negotiation starts.
50
How to make amendments to the EU treaties?
this we can find in the article 48 p 1-4 of the TEU
1. The government of any member state, the European Parliament or the Commission may submit to the Council proposals for the amendment of the treaties.
these proposals may inter alia serve either to increase or to reduce the competences confirmed on the Union.
2. In the treaties this proposal shall be submitted to the European Council by the Council of the European Union and to the national parliaments
3. if the European Council after consulting the European Parliament and the Commission adopts by a simple majority a decision in favor of examining the proposed amendments.
4. The president of the European Council shall convene a convention which is a body composed of representatives of the National Parliament's of the heads of state or government of the member states of the European Parliament and of the Commission.
5. The convention shall examine proposals for amendments and shall adopt by consensus a recommendation to a conference of representatives of the governments of the Member States.
The European Council may decide by a simple majority after obtaining the consent of the European Parliament not to convene a convention the decision depends upon the extent of the proposed amendments.
A conference of representatives of the governments of the Member States shall be convened by the president of the council for the purpose of determining and by common accord the amendments to be made to the treaties.
The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.
51
What TEU is about?
This Treaty sets out the overall aims of the European Union, the principles by which it is governed, the institutional structure, provisions on enhanced co-operation,external action, including a common foreign and security policy, and new version procedures for both treaties.
52
What TFEU is about?
This Treaty provides the detail on achieving the aims set out in the TEU. Except in the fields of external action (governed by the TEU), it sets out the explicit competences of the Union. This is a statement of where the Union can make laws and where there has been a transfer of law-making powers from the MS.
53
What is the difference between inter-governmental organizations and supranational organizations?
In inter-governmental organizations, legal obligations flow from the express agreement of each participating State to a legal regime. The traditional form of legal instrument is the treaty which only gives rise to legal obligations for a State which becomes a party to it as a result of the individual consent and assent of that State.
Supranational organizations are also established by treaty, but in becoming a party to a treaty which establishes a supranational organisation, a State agrees to hand over some of its law-making power to the institutions . of the new organisation. In its most developed form as EU, this can result in law-making arrangements under which the consent of each and every participating State is not required. A participating State may become bound by laws for which it did not vote in the law-making procedures.
54
What is Lisbon Treaty about?
The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon was signed by the EU member states on 13 December 2007, and entered into force on 1 December 2009. It amends the Maastricht Treaty (1993), known in updated form as the Treaty on European Union (2007) or TEU, and the Treaty of Rome (1957), known in updated form as the Treaty on the Functioning of the European Union (2007) or TFEU.[3] It also amends the attached treaty protocols as well as the Treaty establishing the European Atomic Energy Community (EURATOM).
Prominent changes included the move from unanimity to qualified majority voting in at least 45 policy areas in the Council of Ministers, a change in calculating such a majority to a new double majority, a more powerful European Parliament forming a bicameral legislature alongside the Council of Ministers under the ordinary legislative procedure, a consolidated legal personality for the EU and the creation of a long-term President of the European Council and a High Representative of the Union for Foreign Affairs and Security Policy. The Treaty also made the Union's bill of rights, the Charter of Fundamental Rights, legally binding. The Treaty for the first time gave member states the explicit legal right to leave the EU and the procedure to do so.
The stated aim of the treaty was to "complete the process started by the Treaty of Amsterdam [1997] and by the Treaty of Nice [2001] with a view to enhancing the efficiency and democratic legitimacy of the Union and to improving the coherence of its action"
55
After which treaty we got precise legal right to leave the EU?
After Lisbon Treaty.
56
Where does contain the procedure for withdrawing from the Union?
Article 50 TEU p2 :
A Member State which decides to withdraw shall notify the European Council of its intention.
In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union.
That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.
57
Describe the procedure of withdrawing?
1. State notifies the European Council of its intent to leave.
2. the European Commission submits recommendations for negotiations to the Council of the European Union and the Council of the European Union authorizes the Commission to negotiate and appoints a negotiator
3. negotiations in the light of this provision are conducted by a special representative of the European Commission. Commissioner Michel Barnier. in practice, negotiations are carried out in stages and the European Council provides guidelines for each stage of negotiations after the end of negotiations the text of the agreement will be signed.
4. the Council of the European Union will take a decision authorizing the signing of the withdrawal agreement in accordance with article 218 of the treaty on the functioning of the European Union.
5. the consents to be bound by the EU to the agreement will be made by a decision of the Council of the European Union taken by qualified majority and with the consent of the European Parliament
58
Amendment to treaties article 48 TEU:
1. The Treaties may be amended in accordance with an ordinary revision procedure. They may also be amended in accordance with simplified revision procedures.
Ordinary revision procedure
2. The Government of any Member State, the European Parliament or the Commission may submit to the Council proposals for the amendment of the Treaties. These proposals may, inter alia, serve either to increase or to reduce the competences conferred on the Union in the Treaties. These proposals shall be submitted to the European Council by the Council and the national Parliaments shall be notified.
3. If the European Council, after consulting the European Parliament and the Commission, adopts by a simple majority a decision in favour of examining the proposed amendments, the President of the European Council shall convene a Convention composed of representatives of the national Parliaments, of the Heads of State or Government of the Member States, of the European Parliament and of the Commission. The European Central Bank shall also be consulted in the case of institutional changes in the monetary area. The Convention shall examine the proposals for amendments and shall adopt by consensus a recommendation to a conference of representatives of the governments of the Member States as provided for in paragraph 4.
The European Council may decide by a simple majority, after obtaining the consent of the European Parliament, not to convene a Convention should this not be justified by the extent of the proposed amendments. In the latter case, the European Council shall define the terms of reference for a conference of representatives of the governments of the Member States.
4. A conference of representatives of the governments of the Member States shall be convened by the President of the Council for the purpose of determining by common accord the amendments to be made to the Treaties.
The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.
5. If, two years after the signature of a treaty amending the Treaties, four fifths of the Member States have ratified it and one or more Member States have encountered difficulties in proceeding with ratification, the matter shall be referred to the European Council.
Simplified revision procedures
6. The Government of any Member State, the European Parliament or the Commission may submit to the European Council proposals for revising all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union relating to the internal policies and action of the Union.
The European Council may adopt a decision amending all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union. The European Council shall act by unanimity after consulting the European Parliament and the Commission, and the European Central Bank in the case of institutional changes in the monetary area. That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.
The decision referred to in the second subparagraph shall not increase the competences conferred on the Union in the Treaties.
7. Where the Treaty on the Functioning of the European Union or Title V of this Treaty provides for the Council to act by unanimity in a given area or case, the European Council may adopt a decision authorising the Council to act by a qualified majority in that area or in that case. This subparagraph shall not apply to decisions with military implications or those in the area of defence.
Where the Treaty on the Functioning of the European Union provides for legislative acts to be adopted by the Council in accordance with a special legislative procedure, the European Council may adopt a decision allowing for the adoption of such acts in accordance with the ordinary legislative procedure.
Any initiative taken by the European Council on the basis of the first or the second subparagraph shall be notified to the national Parliaments. If a national Parliament makes known its opposition within six months of the date of such notification, the decision referred to in the first or the second subparagraph shall not be adopted. In the absence of opposition, the European Council may adopt the decision.
For the adoption of the decisions referred to in the first and second subparagraphs, the European Council shall act by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.
59
Who did propose the creation of United States of Europe in 1946?
Winston Churchill
60
What did Robert Schuman propose in his plan?
He proposed to subject steel and coat to the industry of Germany and France, and wanted to cover Benelux and Italy as well.
61
When were signed the first founding treaties establishing European coal and steel community?
In 1951. it entered into force 1952.
62
Why exactly why coal and steel and not for example weed?
coal and steel determent the military power of that two European countries fighting during the second WWII
63
What three European Communities do we have at the end of 50s?
- European Coal and Steel Community
- European Economic Community
- European Atomic Energy Community
64
What were those 3 European Communities ?
Each of them It was a separate international organization with legal personality and separate constitution with exception to the tribunal and parliamentary assembly.
65
When was the Merger Treaty adopted?
the treaty regarding the institutional fusion was adopted In 1965.
66
When was first general and direct election to the European Parliament took place?
Since 1967 it enters into force all of the three communities have had a common commission and the council in the 1979 first general and direct election to the European Parliament took place.
67
When was the Single European Act adopted?
In 1987. In 1987 this Act entered into force.
68
What was the main amendment of the single European Act?
- Extension of the competence of the EU Parliament by introducing a new legislative procedure
- cooperation procedure allowing for the EP to take an active part in the legislative procedure.
- Establishment of the legal foundations of the functioning of the EC
69
What it is the EC?
a body consisting of the representatives of heads of states or governments of the Member States.
70
When was the Treaty on European Union (Maastricht Treaty) adopted?
In 1992. entered into force 1993
71
What are the three pillars of the EU?
- establishment of EU as sui generis international organization
- common foreign and security policy
- cooperation in justice and home affairs
72
How did the Maastricht Treaty strengthen the role of the European Parliament?
By introducing the co- decision procedure.
73
Which new bodies were created after adopting the Maastricht Treaty?
EU Ombudsman,
The committee of regions,
The social and economic committee, European Central Bank
74
What was the new name of the Treaty on European Economic Community?
The Treaty on the EC.
75
Which were new fields of European integration after Maastricht Treaty?
trans E network, consumer protection, health protection, culture, education, vocational training
76
How is the EU described after Maastricht Treaty entered into force?
As as international regional sui generis organization.
77
After Maastricht Treaty which new areas in European integration was transformed?
from economic integration into economic and political integration
78
the European Union is described as an international regional sui generis organization. Why so sui generis?
Because it was not a typical, classical International organization. It consisted of 3 pillars. 1 included 3 separate international organizations with legal personality of supranational character (three Communities)
2 and 3 pillars included the forms of intergovernmental cooperation in common foreign and security policy, justice and home affairs.
79
When was the Amsterdam Treaty adopted?
1997 the Amsterdam treaty was adopted and in 1998 entered into force
80
What were the main amendments of Amsterdam Treaty?
* Straightening the role of EP by reducing the cooperation procedure in favor of the co-decision procedure,
* visa and immigration moved from 3 to 1 pillar which resulted of the creation of the international supra policy in these areas. Shengen agreements into EU law which were concluded between the member's states of EU.
* Another amendment with the cooperation of Institute of the enhanced cooperation
81
When was adopted the treaty of Nice?
2001. In 2003 entered into force.
82
What was the amendment of the Nice Treaty?
It was focused on institutional amendments.
83
When was sign Lisbon Treaty?
the Lisbon Treaty signed in 2007. Entered into force in 2009.
84
What agreement was concluded between the member states after the Amsterdam Treaty?
The Shengen agreement.
85
What are the main amendments of the Lisbon Treaty?
The EU has been transformed from international to a supranational organization with a legal personality and a single institutional framework. Thus the pillar structure collapsed.
86
What is the article 24 of the Treaty on the EU about?
The common foreign and security policy.
87
How can the EU be described as?
As an international, interstate, regional and supranational international organization.
88
Describe the legal order of the EU.
- supremacy and priorities to national law in conflict to EU law
- direct application and direct effect of the EU law
- The obligation to international law in the consistency with EU law.
- The obligation to provide the full effectiveness of EU law.
89
Which treaties represent the basic foundations of EU law in accordance with the Lisbon Treaty?
- Treaty on the EU
| - Treaty on the functioning of the EU - Charter of fundamental rights of the EU
90
In which article of the Treaty on the EU are listed the aims?
In article 3 on the Treaty of the EU.
91
In which article of the Treaty on the EU is provided the scope of the application of the treaties?
In article 52 of the treaty on EU.
92
According to the article 355 of the Treaty of the functioning of EU, what are special arrangements provided for?
Application or exclusion of the application of the treaties to the territories to who's external relations a member state is responsible for.
93
Note:
The common foreign and security policy is subject to specific rules and procedures. It shall be defined and implemented by the EC and the Council acting unanimously, except where the Treaties provide otherwise. The adoption of legislative acts shall be excluded.
The common foreign and security policy shall be put into effect by the High Representative of the Union for Foreign Affairs and Security Policy and by the Member States, in accordance with the Treaties.
The specific role of the European Parliament and of the Commission in this area is defined by the Treaties.
The Court of Justice of the European Union shall not have jurisdiction with respect to these provisions, with the exception of its jurisdiction to monitor compliance with Article 40 of their Treaty and to review the legality of certain decisions as provided for by the second paragraph of Article 275 of the Treaty on the Functioning of the European Union.
94
In which article of the Treaty on EU is provided the requirement for the accession of new member states to the EU?
1
95
1
Union is represented by the Commission and it has international legal personality.
96
What does it mean contrahendi?
EU may conclude International agreements.
May also be a member of international organizations.
97
What are the feature of EU?
- Pacta Sunt Servanda principle
- Court of Justice of EU
- Autonomies of EU orders Legal order
98
What it is the the principles of cooperation?
provided in article 4 p3 in the treaty on the EU. The EU and member states shall in full mutual respect and assist each other and caring tasks which flow from the treaties.
99
What are the basic foundation of the EU law ?
* Treaty on the EU
* Treaty on the functioning of the EU ( amended treaty establishing the EC)
* Charter of Fundamental Rights of the EU.
100
Values provided for in article 2 of the treaty:
The Union is founded on the 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.
101
Can EU be a member of international organizations?
Yes.
102
What did the European Parliament become after the Lisbon Treaty?
It has become co-legislator next to the council of EU.
103
What remained outside the EU after the Lisbon treaty?
The atomic energy community.
104
When do amendments enter into force?
After being ratified by all the Member States in accordance with their respective constitutional requirements.
105
Which procedures of the treaty amendments were introduced by the Lisbon Treaty?
- ordinary procedure - simplified procedure
106
What is the Copenhagen criteria?
The condition of the eligibility agreed by the EC.
107
What is article 207. of the Treaty on the functioning of the EU?
1
108
What is the article 218 of the Treaty on the functioning of the EU?
1
109
What is article 50. of the Treaty on EU?
1
110
What is article 48 of the Treaty on EU?
1
111
What is the aims of EU?
The union’s aim is to promote peace, its value and the well being of its people.
The Union shall offer its citizen and the area of freedom, security, and justice without internal frontiers. In which the free movement person is insurance in the conjunction with an appropriate measure with respect to the external borders controls, asylum, migration and the prevention combating of the crime.
The Union shall establish an internal market, it shall work for the sustainable development of Europe based on the balance of economic growth and price stability. The highly competitive social market economy, aiming the full employment and social progress and high level of protection and improvement of the equality of the environment.
It shall promote scientific and technological advance, it shall combat social exclusion and discrimination and shall promote justice and protection, equality between women and men, solidarity between generation and the protection of the rights of the child. It shall also promote economic, social and territorial cohesion and solidarity among member states. It shall respect its reach cultural and linguistic diversity and shall ensure that Europe's cultural heritage is saved and enhanced. The Union shall establish an economic and monetary union whose currency is euro. In its relations with the wider world, the Union shall uphold and promote values and interests and contribute to the protection of its citizens. It shall contribute to the peace, security to the sustainable development of the earth, solidarity and mutual respect among people, free and fair trade, reduction of the poverty and the protection of the human rights in particular the rights of the child as well as to the strict observers and the development of the international law, including respect for the principles of the united nations Charter. The union shall persevere objects by the appropriated means according to the competencies which are conferred happened to the treaties.
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The first founding Treaty was:
Treaty on the Coal and Steel Community
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The European Union was created:
On the basis the Maastricht Treaty of 1992
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The citizenship of the European Union was introduced:
By the Maastricht Treaty of 1992
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The European Union in comparison to other organizations (e.g. WIPO, WTO) is peculiar because it is:
supranational organization
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What are the requirement for the accession to EU?
EU is provided in article 49 of the treaty EU.
According to that provision, any European state which respects the values referred to the article 2 of that treaty and as committing to promote them may apply to become a member of the Union. The EP and NP shall be notified of this application. The applicant state shall address its application to the council which shall act anonymously after consulting the Commission and after receiving the consent of the EP. Which will act from the majority of its component members
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Conditions of the eligibility to enter to EU?
- democratic system based on the rule of law
| - market economy
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What applicant obligate to do before enter the EU?
During the negotiation process the conditions worked out the conditions of the admissions and the adjustment to the treaties on which the unions are founded which such details shall be the subject of the agreement between the member states and the applicant state this agreement shall be submitted of the ratification by all acting states with accordance with respective and constitutional requirements.
a new member state enter to EU on the basis of international agreement in which inter alia obliged itself to be bound by the founding treaties
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What it is ordinary procedure?
the Lisbon Treaty has introduced next to the so-called ordinary procedure of the treaty amendments also so-called simplified procedures.
It is provided for in article 48 paragraphs 1 to 4 of the Treaty on European Union the government of any member state, the European Parliament or the Commission may submit to the council proposals for the amendment of the treaties these proposals may inter alia serve either to increase or to reduce the competences confirmed on the Union in the treaties. This proposal shall be submitted to the European Council by the Council of the European Union and to the national parliaments if the European Council after consulting the European Parliament and the Commission adopts by a simple majority a decision in favor of examining the proposed amendments. The president of the European Council shall convene a convention which is a body composed of representatives of the National Parliament's of the heads of state or government of the member states of the European Parliament and of the Commission.
The convention shall examine proposals for amendments and shall adopt by consensus a recommendation to a conference of representatives of the governments of the Member States. The European Council may decide by a simple majority after obtaining the consent of the European Parliament not to convene a convention the decision depends upon the extent of the proposed amendments. A conference of representatives of the governments of the Member States shall be convened by the president of the council for the purpose of determining and by common accord the amendments to be made to the treaties.
The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements. it follows from the foregoing that ordinary procedure of treaty amendments has the form of international agreement between the Member States.
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Council of the European Union
consists of represent of Representatives of each member state at ministerial level.
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The second simplified procedure
The second simplified procedure may result in the treaty changes regarding to the voting procedure in the council meaning authorizing the council to act by a qualified majority where a treaty provides for a unanimity all were the treaty on the functioning of the European Union provides for legislative acts to be adopted by the Council in accordance with a special legislative procedure the European Council may adopt a decision allowing for the adoption of such acts in accordance with the ordinary legislative procedure this procedure may not, however, refer to decisions with military implications or those in the area of Defence. An initiative taken by the European Council shall be notified to the National Parliament's of the Member States if a national Parliament makes note its opposition within six months of the date of such notification the decision referred to in the first or second separate graph of the discussed provision shall not be adopted. In the absence of opposition, the European Council may adopt the decision acting by unanimity after obtaining the consent of the European Parliament which shall be given by a majority of its component members. It follows from the foregoing that the extension of the EU competences may take place only within the framework on the ordinary treaty amendment procedure.
