European Intergration Flashcards
(22 cards)
When was the Treaty of Lisbon?
2009
What did the Treaty of Lisbon do?
Combines the two main treaties (Treaty on the functioning of EU and treaty of EU)
What is European Secondary Law
The process of Europe enacting its own law
Includes regulations, Directives, & decisions
Art 288 TFEU
What is a regulation?
A law that is immediatly binding on the people of the EU. They become directly party of the national law & no implimentation is necessary.
What is a Directive?
A law that is directed at the Member States. It is binding as to its result but not its implimentation.
What is the purpose of a decision (secondary law of the EU)
To address a specific problem & is only applicable to a specific state
What are the non-legislative secondary legislations?
Delegating acts & implimenting acts
What does Art. 288 of the TFEU state?
It explicitly states that EU regulations are directly applicable: they come into force and are legally binding without any action on the part of member states
What are the exclusive compentencies of the Union?
- Customs between external countries & the EU
- The monetary policy of the euro cuntries (the Euro)
There are others, such as establishing competition rules necessary for the fuctioning of the internal market, but these two are what he said to focus on
What makes a competency one shared between the Union and the member states?
Where the treaties don’t confer exclusive competencies
internal market, social policy, environment, consumer protections, etc.
If the Union makes use of the competence then the member states have no say (preemption?)
Who do the Council of ministers represent?
The member states
Who makes up the Council of Ministers?
27 elected ministers
Makes it clear that the EU is not a state and that each member wants to have a say.
Who does the European Parliament represent?
European citizens
What is the European Council
A decision making body that meets twice a year. It gives direction & define the general political direction & priorities
27 heads of state (different then council of ministers)
What are the 5 freedoms included internal market?
- Movements of goods
- Movement of workers
- Freedom of settlemnt
- Movement of serveces
- movement of capitol
The structure of an analysis of a limitation of the freedoms
- What is the freedom?
- Was it infringed upon?
- Is there a justification for this infringment?
There must be a good reason to restrict these freedoms
What are the basic requirments for joining the EU?
- A formal application & negotiation process on the complete compliance of applying state w/ the total body of EU Law
- a unanimous acceptance by all MS
- Signing of the accession treaty & deposition of ratification documents
What types of quantitative restrictions are allowed by the TFEU?
No import/export quotas, this would violate the free movement of goods
The Copenhagen Criteria for joining the EU
stability of institutions guaranteeing democracy, the rule of law, human rights, respect for and protection of minorities, the existence of a functioning market economy as well as the capacity to cope with the competitive pressure and Market forces within the Union
How can a MS leave the union?
Any MS may decide to withdraw form the union in accordance w/ its own consititutional requirments?
Principle of proportionality?
If the union wants to act, that means must be proportionate to the goal. “under the principles of proportionality, the content & form shall not exceed what is necessary.
The four steps of withdrawing from EU
- Notification of the Union
- Negoteation with the EU
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