EU law and institutions Flashcards
What is the legal nature of the EU?
Peculiar international organization, it follows a new model for transnational relations. Quasi-State, no sovereignity, but some features of a federal State.
What are the characteristics that the EU has in common with a federal State?
direct enforcement of law on citizens, without need for national implementation; the CJEU established the principle of supremacy of EU law over States’ law
What are the characteristics of the new model of transnational relations created with the EU?
- more powerful institutions
- direct effect of law on individuals, not just on the States, but treaties must be transposed into national legislation
What does it mean that treaties in EU have costitutional character, and when was this established?
treaties are a sort of Constitution for the EU, they have the same legal value as a Constitition. It was a decision of the Cort of Justice of the European Union, 1986. The idea was strengthened by the European Charter of Fundamental Rights, 2007.
What are the steps for the creation of the EU and how did the EU evolve over time?
1952 ECSC, only economic purpose to share resources; 1957 Rome Treaties, EURATOM and EEC, free trade idea; 1993 Treaty of Maastricht, freedom of movement of people inside the European Union, updated institutiional framework because the EU has evolved to meet new interests; 1999 Treaty of Amsterdam, common currency and new name of European Union; 2003 Treaty of Nice; 2007 Treaty of Lisbon, TEU TEFU and Charter of Fundamental Rights move towards further integration.
What is the three pillar structure theory? When was it introduced and when abolished?
The EU organization is based on a three pillars: the European Community which handles economic integration and political and social policies; the Common Foreign and Security Policy, handling foreign policy and military matters; the cooperation on Criminal Matters, handling domestic justice. The member States mantain their sovereignity on the external pillars subject matters. The structure was introduced in 1993, but then abolished in 2007 with the Treaty of Lisbon.
What are the main insitutions that make up the EU form of government?
Council of Ministers European Parliament European Commission European Council European Court of Justice
What is the composition of the Council of Ministers?
It’s composed by the ministers of member States, and the minister sent depends on the topic discussed. The president serves for 6 months.
What are the functions of the Council of Ministers?
It has a legislative function, shared with the Parliament, voting using a Qualified Majority Voting (QMV) (stronger integration than Unanimity): higher than 55% members, representing more than 65% EU population (duble requirment majority); also, any blocking minority should include at least 4 States.
It also has policy-making powers, since it states the policy direction of the States.
What are the functions of the European Parliament?
Co-legislation with the Council of Ministers, but without legislative initiative. Also, it has an elective power: votes a a sort of confidence to the Commission and its president; supervisory powers may lead to a motion of censure to force the removal of the Commission.
Which are the legislative acts of the European Parliament?
Regulations (binding power): directly applied to domestic legislation, no need for mediation, have a general application.
Directives (binding power): indicate the results, goals, to be achieved and specify time limits.
Decisions (binding power): are directed to specific member States depending on the subject matter.
Reccomendations and opinions (no binding force).
How is the European Parliament elected?
Direct election of citizens (since 1979), each State proportionally to its population; digressively proportional to nation population achieves a balance between democratic and federal principles.
Since Lisbon Treaty, maximum number of 751 members.
Also, election procedures are regulated at national level.
Which are the three general principles who regulate the scope of EU competence?
Conferral: Eu intervenes only on subject matters where States have delegated their competence, so each legislative act is adopted based on a legal base determining a type of confidence and procedure.
Subsidiarity: EU competence only on subject matters where its better functioning than member States.
Proportionality: resources and instruments used have to be proportional to the goal set.
What is the role and what are the functions of the European Commission?
It represents the European Union and promotes its general interest (sort of executive power). It has monopoly of the legislative initiative, but can receive suggestions.
Also, powers of oversight, with infrangment procedure to ensure the respect of the Treaties: it can investigate and bring member States before the Court of Justice.
Finally, supervision of private businesses to comly with rules of competition (cartels).
Who are the members of the European Commission anf how are they chooses?
The Commissioners have specific assigned Ministerial Portfolios according to their competence field. For example, the High Representative for Foreign Affairs and Security Policy, but also the President.
The election procedure: the president is proposed by the European Council, then elected by the Parliament; the president proposes a list of Commissioners, consoulted by the States, voted by the Parliament and then formally appointed by the European Council.
