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EU Law > Formation of EU > Flashcards

Formation of EU Flashcards

1
Q

what is the EU

A

International organization – it is not a state

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2
Q

why was union set up

A
  • reaction to world wars
  • security against soviet threat
  • political willingness
  • economic development
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3
Q

union set up as reaction to world war?

A

originally created with the aim of ending the frequent and bloody wars between neighbours, which culminated in the Second World War

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4
Q

union set up as reaction to rising soviet threat?

A

cold war was catalyst for european integration

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5
Q

what was the political willingness to create the union?

A

cooperation and development between nations was regarded as crucial to replace the economic competition that was viewed as a major factor in the outbreak of wars between European nation states

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6
Q

what was the economic motivation to set up union?

A

EU was economically motivated (marshall plan)

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7
Q

what was the marshall plan? what did the US not want?

A

after WWII, US gave europe money “to get together in order to guarantee peace and start economical cooperation”. wanted stability in EU (didnt want russian dominated europe)

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8
Q

what was the main original intention of the EU? the second?

A

economic integration - wanted to integrate the markets to unify their markets in one market
also wanted a new european state

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9
Q

was the objective of european state achieved?

A

no because we dont have european ID (you are spanish or portugese)

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10
Q

what was the dominant political view in europe in 19th century? what did intellectual writers think?

A

nationalism

- construction of united EU was the only way to overcome state nationalism

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11
Q

after WWII what happened? in this context what happened?

A

europe was destroyed

- US scared about soviet union. gave money to rebuild continent, with some sort of national organization (marshall plan)

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12
Q

how did UK feel about creation of EU? did it want coooperation?

A

UK is a friend of europe but not europe

- UK wanted cooperation

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13
Q

what is regarded as starting point for european integration

A

schuman declaration

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14
Q

what is the schuman declaration?

A

proposed linking of the French and German coal and steel industries, which would be taken out of the hands of the nation states and put under the control of a supranational body

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15
Q

what was the point of linking french and german coal and steel industries (schuman declaration)?

A

not only help economic recovery, but would also remove the disastrous competition between the two states

  • coal and steel were basis of country’s power
  • intended to stop rivalry between the two countries
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16
Q

what was schuman declaration aimed at doing

A

Aimed at making future war impossible

- put control of coal in hands of supranational authority

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17
Q

after schuman declaration what did countries sign

A

European Coal and Steel Community (ECSC) Treaty in Paris 1951

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18
Q

is European Coal and Steel Community (ECSC) Treaty still active

A

no, expired 2002

- enduring tasks and commitments were assumed by the EC Treaty and now the TFEU

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19
Q

what were the 6 founding countries

A

Belgium, France, Germany, Italy, Luxembourg and the Netherlands

BFGILN

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20
Q

intention of European Coal and Steel Community (ECSC) Treaty?

A

first step towards a ‘European Federation’
- common coal and steel market was to be an experiment which could gradually be extended to other economic spheres, culminating in a political Europe

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21
Q

after ECSC treaty, what 2 other treaties were signed? why?

A

EEC and EURATOM Treaties

preambles of 3 say common future

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22
Q

what is the EEC treaty? what did it create?

A

European Economic Community Treaty

- created common market based on the four freedoms of movement (goods, persons, capital and services)

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23
Q

what is the EAEC treaty? what was the goal?

A

European Atomic Energy Community -> EURATOM

goal of coordinating materials and research for peaceful use of nuclear energy

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24
Q

what EU institution holds most power? what does it represent?

A

Council of Ministers

- interests of member states

25
Q

how did the 6 member states give their power to the international organization

A

through the council of ministers

26
Q

does the release of sovereign power mean states do not have any more power?

A

no, states do not cease to be. they just release the power – they give it, but they are still holders of powers and exercise the competence
- can take it back like brexit

27
Q

why did UK decline to be member of EEC?

A

they feared releasing their sovereign power

28
Q

when the EEC started, what was the first step in creating a common market?

A

member states started to reduce their custom duties

- facilitated trade between the countries

29
Q

when UK saw success of reduced custom duties through EEC, what did it do? was it successful?

A

wanted to do something to diminish the success of European neighbours. The UK promoted the signature of the EFTA (European free trade agreement)

  • nations that didn’t participate in the EEC signed EFTA
  • not successful no supranational authority to decide tariff, created unbalances because if each state maintains own tariff
30
Q

what happened when EFTA was unsuccessful? was this request accepted?

A

one year after UK asked to join european communcity

- french president said no (didnt think UK had good intentions). when he died, UK became a member

31
Q

what kind of dimension did the 3 european communities have?

A

only economic, not political

- had to add political dimension to create european state

32
Q

what happened when countries met in stuggart

A

met in Stuggart, and agreed to create European union. It was clear that needed to include some sort of external political cooperation

33
Q

when was treaty of EU signed

A

1992

34
Q

what did TEU do? how many countries signed?

A

one of the greatest important of the integration process. It creates the European Union
- 12 countries signed

35
Q

what is the TEU based on

A

3 pillars

36
Q

what are the 3 pillars of the TEU?

A
  • economic pillar
  • common foreign and security policy
  • justice and home affairs
37
Q

what is the economic pillar of TEU?

A

founded European community
- EC, EAEC, ECSC

most important pillar

38
Q

what is the common foreign and security policy pillar of the TEU?

A

Makes it possible for the Union to take joint action in foreign and security affairs

39
Q

what is the justice and home affairs pillar of the TEU?

A

Dealing with asylum, immigration, judicial cooperation in civil and criminal matters, and customs and police cooperation against terrorism, drug trafficking and fraud

40
Q

what was the new political element of the TEU?

A

CREATED EUROPEAN CITIZENSHIP and THE EURO

41
Q

what is european citizenship?

A

a limited set of civil and political rights for European nationals

42
Q

what are the 5 rights of european citizenship?

A
  • free movement (with valid id)
  • complain before european parliament
  • complain before european ombudsman
  • be assisted by the consulate of any member state wherever the State of your nationality does not provide you with assistance in a 3rd Country
  • right to vote, and right to be elected
43
Q

objectives of EU (as per 3.1TEU)

A
  • promote peace
  • promote values
  • well being of people
44
Q

EU aim to promote peace TEU 3.1? is it achieved?

A
  • Schuman declaration started making reference to peace as primary objective of EU
  • This is a political objective

sort of achieved, peace in union but not the whole continent

45
Q

what values does TEU say its trying to promote? what happens if member infringes? waht countries recently failing to comply with democracy

A

Democracy, equality, freedom, human rights, and law primacy (principle of legal order)
- infringement of these values by member state may entail suspension of membership rights

court of justice found poland and hungary not complying

46
Q

TEU objective “well being of its people”. what kind of well being

A

economic and social well being

  • Union working to provide economic growth, and it’s going to provide wellbeing to people
  • internal market for economic growth
47
Q

3.2 TEU union shall offer freedom

A

freedom between states, without internal police control at border

48
Q

3.3 TEU the union shall work for the sustainable development of Europe

A

EU wants to keep growing – economic growth is an objective. However, this growth shall be sustainable (cant be at compromise of environment)

49
Q

3.3 TEU shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child

A

shows EU has social purposes

- but has no real legal power for this

50
Q

3.3 TEU how does EU promote economic, social and territorial cohesion, when unequal wealth?

A

Financial solidarity means 30% of the EU budget is dedicated to the cohesion funds (in order to helps poor countries and regions)
- spain has received most so far

51
Q

most important achievement of union?

A

creation of economic and monetary union - the euro

52
Q

how is value of euro determined?

A

based on weight of each state money

- so technically based on germany

53
Q

how many members in EU now

A

27 since uk left

54
Q

what are requirements to join eu?

A
  • european state (and their islands)
  • Democratic state that fully respects human rights and the rule of law
  • Free economy based on liberalism and high standard of economic development
55
Q

is the economy condition to join EU hard?

A

tolerant - admitting countries which have low economical level like Romania and Greece

56
Q

what must new members of EU do?

A

must accept the existent law of the European Union

- must take on obligations of membership

57
Q

process of becoming EU member state?

A
  1. negotiations take place between candidate countries and European Commission (which represents the EU
  2. requires unanimous approval of all existing member states
58
Q

difference bw candidate countries and potential candidates?

A

candidates - are negotiating the conditions to become members
potential candidates - havent started negotiations

59
Q

can you exit eu?

A

TEU allows this

EU Law (7 decks)

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