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Flashcards in EU Law - Intro to EU Integration Deck (106):
1

What was the EU first called?

European Political Community

2

What was the primary aim of the EPC?

Economic organisation

3

What criteria requires prospective members of the EPC to meet certain standards?

Copenhagen Criteria

4

According to the UK, is the EU more of a supranational or intergovernmental body?

Intergovernmental

5

How many Treaties form the Constitution of the EU?

Seven

6

What three Treaties make up the European Communities?

Treaty establishing a Coal and Steel Community, T establishing the European Economic Community and Treaty establishing the Atomic Energy Community (ECSC, EEC and EURATOM)

7

What did the EEC Treaty of Rome become after the Maastricht Treaty?

EC Treaty

8

What Treaty now governs the European Communities?

Treaty of Rome

9

Which Treaty allowed cooperation of states on security and defence and cooperation on police matters and immigration?

Treaty of Maastricht, TEU 1992

10

When was the Treaty of Maastricht?

1992

11

What did the Treaty of Maastricht allow?

Cooperation of states on security and defence, and cooperation on police matters and immigration

12

What structure did the Treaty of Maastricht introduce?

Three Pillar Structure

13

What is the 3 Pillar Structure?

EU can act both as the EC (on matters relating to common market) AND in more areas too.

14

What is Pillar 1?

European Communities

15

Which pillar of the 3 Pillar Structure displays supranationalism of EU?

Pillar 1

16

What is Pillar 2?

Common Foreign and Security Policy

17

Which Article in Treaty of Maastricht governs Pillar 1?

Article 1

18

Which Article in Treaty of Maastricht governs Pillar 2?

Articles 11-28

19

Which Articles in Treaty of Maastricht govern Pillar 3?

Articles 29-42

20

What is Pillar 3?

Cooperation in the field of Justice and Home Affairs (now Judicial Cooperation in Criminal Matters)

21

What are Pillars 2 and 3 examples of in regard to control of EU?

Intergovernmentalism

22

What two Articles of the Treaty of Maastricht show Pillars 2 and 3 are essentially intergovernmental?

Articles 4 and 46

23

Article 4 Treaty of Maastricht

EU P has no legislative competence

24

Article 46 Treaty of Maastricht

No powers to interpret or ensure compliance

25

Name three amendments to Treaty of Rome (EC) by TEU

Citizenship for EU nationals, new legal base for social policy and economic and monetary union

26

Name one amendment to Treaty of Rome by TEU that UK opted out of until 1997

New legal base for social policy

27

When did the UK opt in for new legal base for social policy under Treaty of Rome?

1997

28

What two countries opted out of the economic and monetary union in the EU?

Denmark and UK

29

When was the Treaty of Amsterdam?

1997 (1999)

30

What did the Treaty of Amsterdam add to Pillar 1?

Title of employment

31

What Treaty incorporated the Social Chapter which previously only applied to 14 members?

Treaty of Amsterdam

32

What was the effect of incorporating the Social Chapter into the Treaty of Amsterdam?

Strengthened provisions by giving legislative power for action against discrimination

33

Which Treaty added to the list of civil rights?

Treaty of Amsterdam

34

Which Treaty clarified the link between national and European citizenship?

Treaty of Amsterdam

35

Which Treaty established a new section on freedom, security and justice, renaming Pillar 3 to reflect what remained?

Treaty of Amsterdam

36

What was the effect of the Treaty of Amsterdam on the Pillar structure?

Subjected a large part of cooperation in the area of justice and home affairs to Community rules

37

When was the Treaty of Nice?

2000 (2003)

38

Why was the Treaty of Nice introduced?

To balance votes - most turbulent rectification period

39

Which Treaty replaced veto with majority voting in 29 new areas?

Treaty of Nice

40

What effect did British pressure have on Articles 17 and 27a, Treaty of Nice?

NATO continued to be the bedrock of western security

41

What do Articles 17 and 27a of the Treaty of Nice show?

Nato continues to be the bedrock of western securit

42

What two countries rejected a Constitution for Europe in referendums?

France and Holland

43

When was the Treaty of Lisbon?

2007 (2009)

44

What was the main objective of the Treay of Lisbon

Make EU more democratic, ensure efficient functioning, enhance integration, meet high standards of accountability, openness, transparency and participation

45

Examples of deconstitutionalisation in Treaty of Lisbon

Removing flag, primacy clause of Charter

46

What effect did the Treaty of Lisbon have on the pillar structure?

EU became based on TEU and TFEU, with TFEU absorbing Pillar 3 - single legal and political framework

47

What two organisations became independent after the Treaty of Lisbon?

EURATOM and CFSP (Pillar 2)

48

What framework came out of the Treaty of Lisbon?

Single legal and political framework

49

What two Treaties renumbered the clauses?

Treaty of Amsterdam and Treay of Lisbon

50

What treaty introduced a single personlaity, abolishing the distinction between EC and EU?

Treaty of Lisbon

51

Which Article Treaty of Lisbon involved the EU replacing and succeeding the EC

Article 1(3)

52

Article 1(3) Treaty of Lisbon

EU replaces and succeeds the EC

53

What is the EU founded on under Treaty of Lisbon?

LTEU and TFEU

54

Article 50 Treaty of Lisbon

Exit clause suggesting a Member COULD exit the EU

55

What effect did the Eurozone crisis have on the EU?

Led to a Treaty disciplining any Eurozone state with big deficits

56

What is the basic view in regard to legislative competence of the EU?

No general or inherent legislative competence

57

Article 5 TEU

Principle of conferral

58

What is the Principle of Conferral under Article 5 TEU?

Need express authoridation in a Treaty for EU to legislate, and even then it is subject to the principle of subsidiarity

59

What three types of competence are there under the EU?

Exclusive, shared and competence to support, coordinate and supplement national policies

60

Article 2(1) TFEU

Exclusive competence

61

Article 2(2) TFEU

Shared competence

62

Article 2(3) TFEU

Competence to coordinate, support and supplement national policies

63

What Article of TFEU covers TYPES of competences of EU?

Article 2

64

What additional competence was made into a separate category in EU to avoid concerns over pre-emption and too weak in the third category of competence based on national policies?

Competence in relation to economic, employment and social policy

65

What Article TFEU covers the exclusive competences of the EU

Article 3

66

What Article TFEU covers shared competences of EU

Article 4

67

What Article TFEU gives competences to support, coordinate and supplement national policies?

Article 6

68

What Treaty governs the competence areas of the EU?

TFEU

69

What Article and Treaty covers the principle of subsidiarity?

Article 5(3) TEU

70

Article 5(3) TEU

Principle of subsidiarity

71

What is the principle of subsidiarity?

Legislative power can only be used if objective 'would be better achieved at Union level'

72

What does the principle of subsidiarity mean for national Parliaments?

Proposals will be sent to them to comment on any possible grounds of violation of subsidiarity principle

73

What is the practical reality of the principle of subsidiarity and the intervention of national Ps?

CJEU has never struck down a measure on the grounds of violation of subsidiarity - more political than legal limit

74

Article 6(1) TEU

Charter is not incorporatred but has the same legal value as Treaties

75

Which Article in which Treaty states that the Charter is not incorporated but has the same legal value as Treatues?

Article 6(1) TEU

76

Which two countries negotiated a Protocol to limit the Charter under Article 6(1) TEU

UK and Poland

77

What two provisions are in the Protocol to limit the Charter

No court can find law of UK/Poland inconsistent with rights/freedoms/principles, and requires national provision to make rights in Title IV justiciable

78

Article 1(1) Protocol TEU

No court can find law of UK/Poland inconsistent with rights/freedoms/principles

79

Article 1(2) Protocol TEU

National provision needed to make rights in Title IV Charter justiciable

80

What two problems does Craig give with the Protocol negotiated by UK and Poland in TEU?

Politically, UK signd EU Constitution without any such reservations, and LEGALLY Article 1(2) places a substantive limit on solidarity rights

81

Article 6(2) TEU

Accession of the EU to the ECHR

82

What Article of the TEU allows for accession of the EU to the ECHR?

Article 6(2) TEU

83

Who believed the rejection of the Constitutional Treaty to be 'damaging' and 'politically significant'?

Burca

84

What does Burca believe the referendum rejections of the Constitution show?

Insufficient degree of 'double legitimacy' between national democratic delegation and directly democratic nature of EU P

85

Why is Burca critical of the fast-tracking of the Lisbon Treaty?

He believes popular frustration and alienation can only be addressed by democratic participation, not by removing such participation

86

Who highlighted that the Treaty of Lisbon retained the major institutional reforms from the Constitution?

Burca

87

Who suggested opposition to new Treaties appears to come primarily from the left?

Burca

88

What did Burca suggest is the cause of opposition to new Treaties from the left?

Move to the right within the EU

89

Who highlighted the continuing tension between a federalist and functionalist approach in EU?

Burca

90

What two approaches did Burca see as struggling against each other?

Federalist and functionalist

91

How did Burca criticise the 'secretive process of drafting and adopting the Lisbon Treaty'?

He called it 'regressive', 'low-profile, executive-led intergovernmentalism'

92

Who agreed with Burca that the Treaty of Lisbon essentially involved the adoption of 'most of the significant changes debated at length in the Convention'?

Craig

93

What were the two problems Craig highlighted with the concept of exclusive competence

Demarcation problems between areas in Article 3 TEU (exclusive competence areas), and complex case law on whether EU's external competence is exclusive or parallel with Members

94

Article 2(2) TEU

Automatic pre-emption of Members - they can only exercise a power to the extent that the EU has not

95

What two problems did Craig find with Article 2(3) TEU (third area of competence)

Boundary issues with shared competence (Article 2(2) TEU) and framed largely in terms of coordination, but EU has peremptory action in certain circumstances nonetheless

96

Name at least two major institutional reforms carried from TECE to TEU

Altered power hierarchy (President incumbent for 2 1/2 or 5 years), the Council has joint legislative and budgetary functions with EU P, the Commission has a formally enshrined right of legislative initiative and EU P has power of 'delegated acts', co-decision procedure with the Council and extended to new areas

97

What was the altered power hierarchy in TEU, carried over from TECE?

President incumbent for 2 1/2 or 5 years

98

What was the effect on the Council in TEU?

Joint legislative and budgetary function with EU P

99

What was the effect of the Commission in TEU?

Altered size and formally enshrined right of legislative initiative

100

What was the effect on the EU P in TEU?

Power of 'delegated acts', co-decision procedure with Council and extended to new areas

101

Article 289 TFEU

Legislative acts

102

Article 290 TFEU

Non-legislative acts of general application

103

Article 291 TFEU

Implementing acts

104

How does Craig believe the hierarchy of norms has been maintained at least a bit?

Through the distinction between legislative acts, non-legislative acts of general application and implementing acts in TFEU

105

What does Craig believe is the implication of preserving a hierarchy of norms at least in part?

Formal distinction between legislative and non-legislative acts (i.e. split by needing or not needing a specific procedure), and Commission hope ex ante and post constraints on delegated acts may lead to Members modifying Comitology oversight mechanisms

106

What does Craig believe the Commission hope will be the result of preserving the hierarchy of norms at least in part?

Ex ante and post constraints on delegated acts may lead to Members modifying Comitology oversight mechanisms

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