Week 1 - Lecture

Question 1

The Structure of the EU Treaties today
1. After Lisbon. There is a constitution?
2. What value have the Treaties and Charter?

Answer 1

1. After Lisbon still no formal Constitution exists, no single constitutional text.
2. But the treaties and the Charter can be seen as functional equivalent of a national constitutional.

Question 2

The EU legal order today
1. How is the structure?
2. What are the machanisms of different integration?

Answer 2

1. After Lisbon we don’t have pillars anymore but still have different decision making rules.
2. We have different mechanisms, such as opt-in opt-out and enhanced cooperation.

Question 3

How is the process of accesion under Art. 49 TEU?

1. Eligitibility
2. Application for Membership
3. Council evaluation
4. Candidate status

Answer 3

Involves different phases
1. Eligitibility: The applicant must be a European State and have to demonstrate commitment to promoting the EU values regulated in Art. 2, including democracy, human rights, rule of law.

2. The state submite a formal application to the Council and its communicated to the European Parliament and parliaments of MS.
3. The Council evaluates the application based on the Copenhagen criteria.
4. The Council decides by unanimity if grant to the state the candidate status

Question 4

How is the process of accesion under Art. 49 TEU?

5. Accession Negotiations
6. Accession Treaty
7. Membership

Answer 4

5. Accession negotiations: The candidate must aligns with EU laws, policies and institutions.
6. Accession Treaty: A treaty with the terms of membership is drafted.
7. After ratification the applicant becomes an EU member.

Question 5

What is the Copenhagen criteria?

Answer 5

Are the essential requirements that countries must meet to join the EU. Ensures that a country is politically, economically and legally ready to become a member of the EU.

In addition to the core Copenhagen criteria, candidates must demonstrate:

• Commitment to EU common values
• Capacity to contribute to EU objectives

Question 6

How is the process of withdrawal under Art. 50 TEU?

1. Notification of intent
2. Negotiation of the Withdrawal agreement
3. Two-Year Timeframe
4. Approval of the Withdrawal Agreement
5. Exit from the EU

Answer 6

1. Notification of intent: A MS must notify to the Council its intention to withdraw.
2. Negotiation of the Withdrawal agreement: The Commission negotiates a withdrawal agreement.
3. Two-Year Timeframe: Once the notification is submitted, a 2 year period begins during which the withdrawal terms must be negotiated and finalized.
4. Approval of the Withdrawal Agreement: The agreement must be approved by a QM in the Council and the Parliament SM.
5. Exit from the EU: At the end of the two-year period if no agreement is reached, unless the deadline is extended.

Question 7

How is the Revision Process under Article 48?

Answer 7

The procedure to amending treaties have the following phases:

1. Proposal for amendment: Are submitted to the Council of the EU which forwards to the European Council and notifies national parliament.
2. The European Council evaluates and may decide by SM to consider the proposals
3. Can decide convene or not a Convention.
4. Intergovernmental conference and ratification on the treaty amendments.

Question 8

What are the common elements in the process of treaty revision under ordinary and simplified revision?

Answer 8

Common elements of Treaty Revision are:
1. Conclusion of an International Agreement.
2. It requires unanimity from 27 MS.

Question 9

When is suitable the ordinary or the simplified revision?

Answer 9

Ordinary Revision:

Applies to significant treaty changes, including adding new EU powers.
Requires a Convention (usually) and an IGC, followed by ratification by all MS.

Simplified Revision:

Limited to specific areas (Part Three of TFEU or procedural changes like QMV).
Does not require a Convention or IGC.
Relies on the unanimous decision of the European Council and approval by MS in line with their constitutions.

Question 10

What are the difficulties with treaty revisions?

Answer 10

• The procedure of treaty amendments has never changed.
• Original rule of change (EEC 1957) amendments to be adopted by consensus at an IGC and ratified by each country = double veto.

Question 11

What is the legal nature of EU?1

Answer 11

While the EU is not a federal state, it exhibits characteristics similar to a constitutional order.

Issues such as the division of competences (powers), separation of powers, protection of fundamental rights, and EU citizenship suggest a constitutional dimension to its structure.

Is a combination of international law (treaty-based origin, sovereignty of Member States) and constitutional features (internal governance structure akin to a state’s constitutional order).

Question 12

What does the ECJ said about the EU legal nature?

Answer 12

1. Van Gend en Loos: new legal order of international law. Directly impacts individuals and creates rights and obligations independently of Member States’ domestic laws.
2. Costa v. ENEL: Ruled that EU law takes precedence over national law.