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legal english > examen 2025 > Flashcards

examen 2025 Flashcards

(64 cards)

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1
Q

Treaty

A

A formally concluded, ratified, and binding agreement between two or more states.

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2
Q

Free Movement of Goods and Services

A

The creation and development of an area without internal borders, where there are no unjustified restrictions to trade between EU Member States.

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3
Q

Free Movement of Persons

A

The right of individuals to travel from place to place within a country and to leave and return to it.

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4
Q

Free Movement of Capital

A

Enables efficient cross-border use of physical and financial capital for investment and financing purposes.

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5
Q

Free Movement of Labour

A

The movement of persons from one place to another for employment purposes within a country or across borders.

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6
Q

Single Market

A

A unified trading territory functioning without border regulations and tariffs typical to trade between countries.

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7
Q

Proportionality Principle

A

Laws and actions must be fair and not go beyond what is necessary to achieve a goal.

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8
Q

Competence

A

The power of the EU to undertake specific action where conferred upon it by member states in the EU Treaties.

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9
Q

Exclusive Competence

A

Areas in which the EU alone can legislate and adopt binding acts.

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10
Q

Shared Competence

A

Both the EU and its Member States may adopt legally binding acts in the area concerned.

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11
Q

External Action

A

Addresses EU foreign policy priorities, including civilian and military planning and crisis response.

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11
Q

Supporting Competence

A

The EU can only intervene to support, coordinate, or complement the action of EU countries.

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12
Q

Preliminary Question

A

A legal question sent by a national court to the EU Court of Justice to clarify EU law.

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13
Q

Convention

A

An official agreement between countries on important topics like human rights or the environment. Countries that sign it promise to follow its rules.

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13
Q

Preliminary Reference

A

The process national courts use to seek guidance from the European Court of Justice on the interpretation of EU law.

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14
Q

European Parliament

A

The legislative body of the EU with 720 members directly chosen through elections. It approves/rejects laws and checks the European Commission.

→ Art. 14(2) TEU & Art. 223-234 + 314 TFEU

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15
Q

European Council

A

Defines the general political direction and priorities of the EU.

→ Art. 13, 15(2), 26, 27 & 42 TEU.

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16
Q

Council of the EU

A

Where national ministers from each EU country meet to negotiate and adopt EU laws.

→ Art. 218, 237-243 TFEU

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17
Q

European Commission

A

The EU’s main executive body that proposes legislation, upholds EU treaties, and ensures compliance.

→ Art. 17 TEU & Art. 234, 244-250, 290 + 291 TFEU.

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18
Q

Court of Justice

A

Interprets EU law to ensure its uniform application and settles disputes between national governments and EU institutions.

→ Art. 19 TEU & Art. 251-181 TFEU.

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19
Q

General Court

A

A constituent court of the Court of Justice of the EU. It hears cases against EU institutions by individuals and member states.

→ Art. 263, 265, 268, 270 & 272 TFEU.

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20
Q

Court of Auditors

A

Ensures proper management of the EU budget and reports on finances but has no legal powers.

→ Art. 285-287, 319, 322 & 325 TFEU.

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20
Q

European Central Bank (ECB)

A

Manages the euro and EU monetary policies, including setting interest rates and controlling inflation.

→ Art. 282 TFEU.

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21
Q

ECHR (European Convention on Human Rights

A

An international treaty protecting human rights and political freedoms in Europe.

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22
Positive Obligation
To ensure the effective enjoyment of a human right
23
Negative Obligation
A duty to refrain from actions that hurt human rights
23
Direct Discrimination
Worse treatment due to a protected characteristic.
24
Discrimination
Different treatment of people based on ethnicity, sex, age, or disability without reasonable justification.
25
Council of Europe
A European regional organization protecting human rights, democracy, and the rule of law. → ECHR is a key treaty.
25
Indirect Discrimination
Equal policies that unfairly affect certain groups.
26
Sources of International Law (Art. 38 of ICJ Statute
Treaties. Customary International Law (State practice + opinio juris). General Principles of Law recognized by civilized nations. Judicial decisions and expert opinions (subsidiary).
27
Reservation
Unilateral declaration of a State before signing/ratifying a treaty, declaration to exclude elements of the treaty
28
Signature
intention to be bound by treaty
29
Pacta sunt servanda
every treaty is binding upon the parties and must be performed in good faith
30
Ratification
approval of agreement by the state
31
Enter in force
after a certain number of countries ratify it OR on a specific date mentioned in the treaty OR when all signing countries agree
32
Equidistance principle
a legal concept in maritime boundary claims that a nation's maritime boundaries should conform to a median line that is equidistant from the shores of neighboring nations
33
The UN (United Nations
an international organization founded to promote peace, security, and cooperation between countries - Promoting human rights - Maintaining international peace and security
34
The UN Charter
the document that sets out the rules, goals, and structure of the organization. It guides how the UN operates and the responsibilities of its member countries.
35
Security Council
takes the lead in determining the existence of a threat to the peace or act of aggression. It calls upon the parties to a dispute to settle it by peaceful means and recommends methods of adjustment or terms of settlement, 15 members (5 permanent: China, France, Russia, UK, and USA)
35
General Assembly
the main policy-making organ of the UN. Comprising all Member States, it provides a unique forum for multilateral discussion of the full spectrum of international issues covered by the Charter of the United Nations
36
Economic and Social Council
identifying emerging challenges, promoting innovation, and achieving a balanced integration of the three pillars - economic, social and environmental- of sustainable development, The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations, 54 members
37
Trusteeship Council
supervise the administration of trust territories as they transitioned from colonies to sovereign nations, 5 permanent members of the SC
38
International Court of Justice
The only international court that adjudicates general disputes between nations, and gives advisory opinions on international legal issues ONLY AFTER EXHAUSTING DOMESTIC REMEDIES (A person must try all possible solutions in their own country's courts before going to an international court.)
38
Secretariat
the UN's executive arm. The secretariat has an important role in setting the agenda for the deliberative and decision-making bodies of the UN, and the implementation of the decision of these bodies
39
principle of sovereign equality
all States are equally in their right to govern their own state
40
Principle of non-intervention
Every State has an inalienable right to choose its political, economic, social and cultural systems, without interference in any form by another State
40
The 1969 Vienna Convention on the Law of Treaties
an international agreement that sets rules for how treaties (agreements between countries) are made, followed, changed, and ended → in good faith, freely, treaty ended if all parties agree
41
Self-defense → conditions
- It must be a response to an armed attack - The use of force, and the degree of force used, must be necessary and proportionate - It must be reported to the Security Council and must cease when the Security Council has taken 'measures necessary to maintain international peace and security
42
General Comments
Clarification/interpretation of an article/ rule made by committees (independent experts on certain subjects of law) - assisting States parties' implementation of the Covenant and the fulfilment of their reporting obligations
43
Conditions of limiting rights
- For respect of the rights or reputation of others - For the protection of national security or of public order, or of public health or morals
44
Human right
rights inherent to all human beings by virtue that they are human regardless of any characteristic (like race, sex, etc.)
45
Derogation
to defer or make exceptions from
45
Absolute human righ
rights that can never be restricted in any circumstances. Because these rights are the fundament of human rights and the base of respect for human rights and freedoms
45
UDHR
Universal Declaration of Human Rights, a document that lists basic rights and freedoms that everyone in the world should have, like the right to life, freedom, and equality. It was created by the United Nations after World War II to protect human dignity and ensure fair treatment for all people
46
ICCPR
International Covenant on Civil and Political Rights, 1st generation HR, treaty that protects people's civil and political rights, such as the right to freedom of speech, religion, and a fair trial. It was created by the United Nations to make sure governments respect these rights and allow people to participate in society freely and equally.
47
ICESCR
International Covenant on Economic, Social and Cultural Rights, 2nd generation, a treaty that protects basic needs like the right to work, education, health, and an adequate standard of living. It was created by the United Nations to ensure that everyone has fair access to resources and opportunities for a good life
48
General obligation of State
to encourage the human respect for, and observance of, human rights and freedoms and to provide remedies
49
Right of Education
- Availability - Accessibility - Acceptability - Adaptability
50
Customary Law
Unwritten legal rules that arise from the consistent and general practice of states, carried out with the belief (opinio juris) that such practices are legally obligatory
51
Opinio juris
The belief that a specific practice is carried out by states as a legal obligation under international law, rather than out of mere convenience, habit, or courtesy. It is a fundamental element of customary international law
52
General State Practice
the consistent and widespread behavior of states in their actions, decisions, and policies over time, which contributes to the formation of customary international law. This practice must be uniform, extensive, and representative of the majority of states to be considered a legal norm
53
Exhaustion of Domestic Remedies
The requirement to use all legal options within a country before seeking international legal action
54
Unlawful Discrimination
Treating individuals or groups unfairly based on characteristics such as race, sex, age, or disability, without an objective and reasonable justification

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