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EU LAW > Week 8 - Evolution of the EU and it's legal framework > Flashcards

Week 8 - Evolution of the EU and it's legal framework Flashcards

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1
Q

What year was the EU founded?

A

1945

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2
Q

EU created an international backdrop for?

A
  • GATT (General Agreement on Tariffs and Trade)
  • NATO
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3
Q

The 2 competing models of Western European integration

A
  1. Intergovernmentalism
  2. Supranationalism
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4
Q

Intention of the ‘Council of Europe’ (1949)

A

Intergovernmental model for achieving greater unity

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5
Q

‘Council of Europe’ (1949) formed the…

A

‘European Convention on Human Rights’ (1950)

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6
Q

The proposal within the ‘Schuman Declaration’ (1950)

A

Proposal for an international celebration of a ‘Europe day’
to take place on 9th May

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7
Q

Intention of the ‘Schuman Declaration’ (1950)

A
  • Celebrating international unity and connection
  • Reinforcing political and economic ties between European nations
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8
Q

What were the original 3 treaties (communities)?

A
  1. European Coal and Steel Community (ECSC) (1952-2002)
  2. European Atomic Energy Community (EAEC) (1957)
  3. European Economic Community (EEC) (Treaty of Rome) (1957-2009)
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9
Q

What type of integration did the ‘Treaties’ encourage?

A
  1. Economic integration through inter-state trade
  2. General political integration
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10
Q

What are the supranational institution features?

A
  1. Policy: legislative decision-making
  2. Judicial: Court of Justice
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11
Q

2 main elements to the Supranational Legal Order

A
  1. Supremacy
  2. Direct Effect
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12
Q

What is Supremacy?

A

EU law prevails over national law in the event of a conflict

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13
Q

What is Direct Effect?

A

EU law can create rights for individuals which national courts must protect

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14
Q

What function did the ‘Schengen Accords’ (1984, 1991) have?

A

Facilitated cross-border movement of people

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15
Q

The ‘Maastricht Treaty’ (1992) is otherwise known as?

A

‘The Treaty on the European Union’ (TEU)

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16
Q

When did the ‘The Treaty on the European Union’ (TEU) come into force?

A

1993

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17
Q

What amendments did the ‘The Treaty on the European Union’ (TEU) make?

A
  1. Inclusion of non-economic goals
  2. Deepening economic integration
  3. Change of name to ‘EU’
  4. Fundamental rights
  5. Acceptance of divergence between member states
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18
Q

What was the function of the ‘Amsterdam Treaty’ (1997)?

A

Focused on police and judicial cooperation in criminal matters

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19
Q

What was the function of the ‘Nice Treaty’ (2001)?

A

Accession of 10 new member states

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20
Q

What is the ‘Laekan Declaration’ otherwise known as?

A

‘European Council’ (2001)

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21
Q

When did the ‘Lisbon Treaty’ (2007) come into force?

A

2009

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22
Q

What did the ‘Lisbon Treaty’ (2007) make legally binding?

A

‘EU Charter of Fundamental Rights’

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23
Q

What treaties did the ‘Lisbon Treaty’ (2007) establish as the foundational treaties of the EU?

A
  1. ‘Treaty on European Union’
  2. ‘Treaty on the Function of the European Union’ (TFEU)
  3. ‘European Atomic Energy Community’ (EAEC)
24
Q

Goal of the institutional structures of the EU?

A
  1. Deliver EU aims and objectives through the development and implementation of EU common policies
  2. Works in partnership with member states depending on whether the task is exclusive to the EU or shared with member states.
25
Q

Composition of EU institutional structure

A
  1. Political Institutions
  2. Judicial Institution
  3. Financial Institutions
26
Q

What are all of the EU Institutions?

A
  1. European Council
  2. European Commission
  3. Council of the EU (Council of Ministers)
  4. European Parliament (EU) (Consultative Assembly)
  5. Court of Justice of the EU
  6. European Central Bank
  7. Court of Auditors
27
Q

What EU Institutions are Policy-makers?

A
  1. European Council
  2. European Commission
  3. Council of the EU (Council of Ministers)
  4. European Parliament (EU) (Consultative Assembly)
28
Q

Function of the European Council

A

Aim to define general political strategy and priorities of the EU

29
Q

Who makes up the European Council?

A
  1. Head of State
  2. European Council President (Chair)
  3. European Commission President
30
Q

Function of the European Commission

A

To promote the general interest of the Union

31
Q

How does the European Commission
promote the general interest of the Union?

A
  1. Policy Development
  2. Legislative
  3. Supervision
32
Q

Function of the European Commission’s policy development

A

Further the Union’s objectives by proposing policy initiatives

33
Q

Function of the European Commission’s Legislation

A

Virtual monopoly over proposing EU Legislative matters

34
Q

Function of the European Commission’s Supervision

A

Ensures due application of EU law in the member states

35
Q

Who makes up the European Commission?

A
  1. One commissioner per member state
  2. European Commission President
  3. College of Commissioners
  4. Commission services assisting policy development
36
Q

Function of the Council of the EU

A

Involved in key policy and legislative decision-making alongside the European

37
Q

Function of legislation in the Parliament of the Council of the EU

A

co-legislator with the EP in most fields

38
Q

Council of EU shares […] powers with the EP

A

Budgetary

39
Q

The Council of EU has a responsibility to do what with International Agreements

A

For concluding international agreements

39
Q

The Council of EU plays a general […] role

A

Coordination

40
Q

Who makes up the Council of EU?

A

National ministerial representatives (known as ‘COREPER’) (‘Committee of Permanent Representatives)

41
Q

How does Qualified Majority Voting work?

A
  1. A minimum of 55% of Council members
  2. At least 15 member states are in favour
  3. Representing 65% of the EU population
  4. Absence of a blocking minority of normally at least 4 member states.
42
Q

Function of the European Parliament

A
  • Represent the interests of EU citizens
  • Hold EU institutions to account
43
Q

Supervisory roles of the ‘Court of Justice of the European Union’ (CJEU)

A
  1. General judicial duty
  2. Reviews the legality of the acts of the institutions of the European Union
  3. Ensures that EU member states comply with obligations under the treaties
  4. Interprets EU law at the request of the national courts and tribunals
44
Q

What is ‘Mandatory Jurisdiction’ in the CJEU

A

Member States are required to refer inter-statal disputes over EU law only through the EU treaty dispute resolution systems

45
Q

What are the 2 courts that make up the CJEU

A
  1. Court of Justice
  2. General Court
46
Q

Between the ‘Court of Justice’ and the ‘General Court’ which is the senior and junior branch of the CJEU

A

Senior - Court of Justice

Junior - General Court

47
Q

Function of the Court of Justice

A

Adjudicates disputes of constitutional significance

48
Q

Function of the General Court

A

adjudicates disputes between individuals and EU Institutions and assists with increased caseload

49
Q

3 Stages of the Court Procedure

A
  1. Written Stage
  2. Oral Stage
  3. Judgment
50
Q

What happens in the ‘Written Stage’ of the court procedure

A
  • Submission of applications
  • Statement of case
  • Defences
  • Documentary evidence
51
Q

What happens in the ‘Oral Stage’ of the court procedure

A
  • Presents ‘Report for the Hearing’
  • Hearing
  • Advocate General Opinion
52
Q

EU Institutions involved in the Union’s legislative process

A
  1. European Commission (Proposer)
  2. European Parliament (Co-legislator)
  3. Council of the EU (Co-legislator)
53
Q

What is ‘Ordinary Legislative Procedure’ (OLP)

A

Majoritarian decision-making in the council and European Parliament

54
Q

What is ‘Special Legislative Procedure’ (SLP)

A

The Council is the sole legislator, deciding on the basis of unanimity

55
Q

Process of ‘Ordinary Legislative Procedure’ (OLP)

A
  1. European Commission proposes draft legislation
  2. European Parliament and Council deliberate and negotiate
  3. European Parliament and Council jointly decide whether or not to adopt

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