Constructing Europe Flashcards
Treaties, decision-making & other merdouilles (35 cards)
List all the EU treaties/acts in the right order
Treaty of Paris - 1952
Treaty of Rome - 1957
Merger Treaty - 1965
Single European Act - 1986
Treaty of Maastricht - 1992
Treaty of Amsterdam - 1999
Treaty of Nice - 2003
(Constitutional Treaty - 2004)
Treaty of Lisbon - 2009
What did the Treaty of Paris (1952) create?
ECSC
Council of Ministers
High Authority
Common Assembly
What did the Treaty of Rome (1957) create?
EEC - common market
Euratom (EAEC)
Council of the EEC (future Council of the EU)
What did the Merger Treaty (1965) do?
EEC + EAEC + ECSC = EC
What did the SEA (1986) modify?
Single Market
๐ Establishment of European Council
๐โโ๏ธ Increased QMV
๐ EC granted implementing rights
๐ช More power to EP (assent required when enlargement/association agreements
What changes did the Maastricht Treaty (1992) make?
๐ Creation of EU + EU citizenship
๐๏ธ Pillar structure
๐ Establishment of CFSP
โ๏ธ EP + Council = co-decision (dem.)
๐ฐCreation of EMU - idea of โฌ
๐ณ Committee of Regions (dem.)
More info about the EMU (principles, exceptions)
Principles
1) Coordination of eco policy-making btw MS
2) Limitation of deficit
Exceptions
UK & DK given opt-outs regarding โฌ
Name the 3 pillars & explain the idea behind - when were they abolished?
SUPRANATIONAL
European Communities (core economic, social & environmental initiatives)
INTERGOVERNMENTAL
- Common Foreign & Security Policy
- Police & Judicial Cooperation in Criminal Matters
Abolished in 2009 - Lisbon
More info about the Committee of Regions (role, importance)
Role
-Consulted by EC when drafting legislation (non-binding)
-Strengthens national power
Importance
Closer to the ppl - democratisation
What was the purpose of Amsterdam (1999)? What changes did it bring about?
Prepare for Eastern Enlargement
๐ Position of HR
๐โโ๏ธ More QMV
๐
โโ๏ธ Constructive abstention*
*countries can opt out without preventing others from going ahead
What was the purpose the the Constitutional Treaty (2004)? Why was it rejected?
Purpose: replace all existing treaties
Rejected by FR & NL in national referenda (concerns over loss of sovereignty)
What changes did Lisbon (2009) bring about?
๐๏ธ 3-pillar structure changed to competences
๐ Creation of EEAS
๐ President of European Council
๐Article 50: MS allowed to leave EU
Democratic legit:
๐ช Strengthening EP
๐ EP & EC have same term
๐ก Citizenโs initiative
Future:
Simplified revision procedure - Treaty can be amended (no need for new one)
Why did Lisbon work while the CT didnโt?
Constitution โ Treaty (worries abt sovereignty)
Lisbon = technocratic (โจamendingโจ aspect highlighted)
Collusion between MS (Ireland only one holding referendum)
Which changes did Nice (2003) bring about?
๐ฏโโ๏ธ Change in number of Commissioners/country
๐ช Increase in EP supervisory & legislative powers
๐โโ๏ธ Increase of QMV
โจ Creation of Charter of Fundamental Rights
Explain the process of OLP
Consists in 3 readings (4 moments when inst. can come to an agreement)
First-reading agr.
- Compromise found through trilogues
- EP & Council vote
- 90% of all files end there
Early 2nd reading agr.
- compromised reached after EP reading
- adopted as Councilโs position
2nd reading agr.
- Council position at 1st reading โ EPโs position
- EP may adopt amendments to Councilโs position
3rd reading
- Last chance to agree
- Conciliation committee: short deadlines to agree on txt which has to be ratified by EP & Council
What are the two SLPs?
Consultation procedure
- EP informed of legislation but has no decision-making power
- Council has to request EP opinion & wait for it but op. non-binding
Eg. for internal market
Consent procedure
- EP can veto but not amend
Eg. international agreements
What are the types of law?
(hard vs soft // primary vs secondary)
Hard vs Soft
Hard
Legal obligations, can be enforced by a court
Soft
Guidelines, purely indicative
Primary vs secondary
Primary
Treaties - set out EU objectives, rules for institutions, decision-making processes & EU-MS relations
Secondary
Body that comes out of objectives set out by treaty
Define: regulations, directives
Regulations
Legally binding, applicable as such in MS (no transposition)
Directives
Ask for results, but MS choose path (have to communicate results to EC within 2y - otherwise infringement
What are delegated & implementing acts?
Delegated acts
EC supplements/amends non-essential parts of EU law. Adopted by EC & enters into force if EP/Council donโt have any objections
Implementing acts
Acts seeking to create a uniform ground for implementation of legislation - supervision by cosmetology committees
What are the different types of competences?
Exclusive competences
Autonomous action of the EU - MS act all together or not at all
Shared competences
EU has to justify its actions in terms of subsidiarity - MS must stand back but can step in again when EU stops exercising comp.
Parallel competences
MS & EU can act at the same time
Supporting/coordinating/supplementary competences
EU provides finances to support what the MS do
Policy coordination
EU provides arrangements by which MS coordinate national policies around common guidelines
Define subsidiarity
EU should only act when action at national level is insufficient (ensures actions are taken as close to the citizens as possible)
Define proportionality
Legislation has to be justified & shouldnโt go any further than necessary
What are the different types of decision-making in the Council?
QMV
Double maj. => 55% of the MS representing 65% of EU pop
Default voting procedure since Lisbon
Unanimity
Limited to small number of sensible matters
eg. CFSP or access to EU
Majority voting
14 MS in favour
โจConsensusโจ
(see consensus card)
Conciliation
(see trilogues card)
What is the culture of consensus? What are its strengths & weaknesses?
Obtaining unanimity without voting - does not mean general agreement but rather absence of explicit opposition
!!! Relies on logic of appropriateness
Strengths
- Hide winners & losers
- Blame avoidance (from national pop.)
- Outvoted countries would be more reluctant to implement policies they voted against
- Increase in productivity
Weaknesses
Lack of transparency & accountability