External Relationships

Question 1

What is the EEC Treaty?

Answer 1

Treaty establishing the European Economic community

Question 2

What was the reason for the EEC Treaty?

Answer 2

To create a common market

Question 3

What were the original 3 European Communities?

Answer 3

ECSC, EEC, Euratom

Question 4

What year was the Treaty of Maastricht?

Answer 4

1993

Question 5

The TEU stands for what?

Answer 5

Treaty of the European Union 1992

Question 6

What did the EEC become?

Answer 6

The EC (European Community)

Question 7

What treaty did the EEC treaty become?

Answer 7

The EC Treaty
Treaty establishing the European Community

Question 8

What treaty did the EC become?

Answer 8

The treaty on the functioning of the european union (tfeu)

Question 9

Which act/ article gave the EU a legal personality?

Answer 9

TEU art 47

Question 10

What was the European Community replaced and succeeded by?

Answer 10

The European Union (TEU art1(3)

Question 11

The EU did not acquire the rights and obligations of the EC. T/F

Answer 11

False - they acquired in its own right

Question 12

What does article 47 of the TEU state?

Answer 12

The union shall have legal personality

Question 13

What is the meaning of the TFEU art 47?

Answer 13

The EU now has the ability to negotiate and conclude international treaties and to become a member in International Organisations

E.g. WTO(world trade organisation); Hague Conference on Private International Law
(Whether the EU has competence to negotiate and conclude an international treaty depends on the principle of conferral (see later ))

Question 14

What is the Hague Conference on Private International Law?

Answer 14

International organisation

Question 15

When was the Hague Conference founded?

Answer 15

1893 and permanent since 1955

Question 16

Where is the Hague Conference seated?

Answer 16

The Hague, The Netherlands

Question 17

What is the secretariat of the Hague Conference?

Answer 17

The Permanent Bureau

Question 18

How many members are in the Hague conference?

Answer 18

91 members
90 states and european union (REIO - Regional Economic Integration Organisation)

Question 19

What is the aim of the Hague Conference?

Answer 19

‘The purpose of the Hague Conference is to work towards the progressive unification of the rules on private international law.’ (Statute of the Hague Conference on Private International Law, Article 1)

Question 20

What are the four major achievements of the Hague conference?

Answer 20

-1980 Convention on International Child Abduction (101 Members)
-2005 Convention on Choice of Court Agreements
-2019 Convention on the Recognition and Enforcement of Foreign Judgments
🡺 UK signed 12 January 2024

Question 21

The peace palace is the permanent court of what?

Answer 21

Arbitration

Question 22

What does article 3(9) with regards to REIO state?

Answer 22

Article 3(9) “Regional Economic Integration Organisation” means an international organisation that is constituted solely by sovereign States, and to which its Member States have transferred competence over a range of matters, including the authority to make decisions binding on its Member States in respect of those matters.

Question 23

What are the rules of procedure of the Hague Conference voting rights?

Answer 23

article 2
“Each delegation shall have one vote. A delegation may not represent and vote for another delegation.
A Member Organisation may exercise on matters within its competence, in any meetings of the Conference in which it is entitled to participate, a number of votes equal to the number of its Member States which have transferred competence to the Member Organisation in respect of the matter in question, and which are entitled to vote in and have registered for such meetings. Whenever the Member Organisation exercises its right to vote, its Member States shall not exercise theirs, and conversely.”

Question 24

What year was the rules of the Procedure Hague Conference?

Answer 24

2005 but now revised
Now does not say how many votes the EU has

Question 25

The EU ms are bound through the accession of the EU to the COnvention. T/F

Answer 25

True

Question 26

What is the general relationship between the Eu and third countries?

Answer 26

Not a member of the Customs Union; only partial access to the single market:
Over 120 “bilateral” treaties between the EU and Switzerland,
Including agreements on the free movement of persons; trade; agriculture; air transport

Question 27

What country is an example of the relationship between the EU and third Countries?

Answer 27

Switzerland

Question 28

What is the EEA?

Answer 28

European Economic Area

Question 29

How was the EEA established?

Answer 29

by The Agreement on the European Economic Area (EIF: 1 January 1994)

Question 30

The EEA does not expand the single market to EFTA states.
T/F

Answer 30

False but not switzerland

Question 31

The EEA is a customs union
T/F

Answer 31

False
MS make their own tariffs but no barriers for the trade between them

Question 32

What areas are not covered by the EEA agreement?

Answer 32

-“Common Agriculture and Fisheries Policies (although the Agreement contains provisions on various aspects of trade in agricultural and fish products);
- Customs Union;
- Common Trade Policy;
- Common Foreign and Security Policy;
- Justice and Home Affairs (even though the EFTA countries are part of the Schengen area); or
- Monetary Union (EMU).”

Question 33

Membership in the EEA is not compulsory for the EU Ms. T/F

Answer 33

False
it is compulsory

Question 34

membership in the EEA is compulsory for EFTA states. T/F

Answer 34

False

Question 35

What is article 18 of the TEU?

Answer 35

1. The European Council(not one of law making bodies but appoints EU ambassador), acting by a qualified majority, with the agreement of the President of the Commission, shall appoint the High Representative of the Union for Foreign Affairs and Security Policy. The European Council may end his term of office by the same procedure.
2. The High Representative shall conduct the Union’s common foreign and security policy. He shall contribute by his proposals to the development of that policy, which he shall carry out as mandated by the Council. The same shall apply to the common security and defence policy.
3. The High Representative shall preside over the Foreign Affairs Council.
4. The High Representative shall be one of the Vice-Presidents of the Commission. He shall ensure the consistency of the Union’s external action. He shall be responsible within the Commission for responsibilities incumbent on it in external relations and for coordinating other aspects of the Union’s external action. In exercising these responsibilities within the Commission, and only for these responsibilities, the High Representative shall be bound by Commission procedures to the extent that this is consistent with paragraphs 2 and 3.

Question 36

why is the High Representative of the Union for Foreign Affairs and Security Policy a vice president of the commission?

Answer 36

TEU, art 17: also the Commission is involved in the external representation of the EU:

Question 37

What does article 17 in TEU state?

Answer 37

1. The Commission shall promote the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them. It shall oversee the application of Union law under the control of the Court of Justice of the European Union. It shall execute the budget and manage programmes. It shall exercise coordinating, executive and management functions, as laid down in the Treaties. With the exception of the common foreign and security policy, and other cases provided for in the Treaties, it shall ensure the Union’s external representation. It shall initiate the Union’s annual and multiannual programming with a view to achieving interinstitutional agreements.

Question 38

What is article 21 of TEU?

Answer 38

1. The Union’s action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.
   The Union shall seek to develop relations and build partnerships with third countries, and international, regional or global organisations which share the principles referred to in the first subparagraph. It shall promote multilateral solutions to common problems, in particular in the framework of the United Nations.
2. The Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to:

(a) safeguard its values, fundamental interests, security, independence and integrity;

(b) consolidate and support democracy, the rule of law, human rights and the principles of international law;

(c) preserve peace, prevent conflicts and strengthen international security, in accordance with the purposes and principles of the United Nations Charter, with the principles of the Helsinki Final Act and with the aims of the Charter of Paris, including those relating to external borders;
(d) foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty;
(e) encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade; […]

Question 39

Which act and article contains the general provisions on the unions external action and specific provisions on the common foreign and security policy?

Answer 39

TEU art 21

Question 40

When does the EU have competence to act with regards to external relations?

Answer 40

When seen as competent due to principle of conferral

Question 41

What areas are of exclusive EU competence?

Answer 41

TFEU art 3
-Only the EU negotiates, signs and adopts a treaty text
-EU Member States then bound through EU accession
-Example: 2019 Hague Judgments Convention

Question 42

What is mixed competence? (not technical term)

Answer 42

Where both the Eu and MS have competence to act

Question 43

Shared competence is identical with mixed competence. T/F

Answer 43

False
art 4 TFEU

Question 44

International agreements are negotiated and concluded by both the EU and its Member States. T/F

Answer 44

True
mixed agreements

Question 45

What is the TEU art 5(2) ex article in the TEC?

Answer 45

Article 5

Question 46

What does art 5(2) of the TEU cover?

Answer 46

Principal of conferral

Question 47

What does article 5(2) of TEU state?

Answer 47

1. The limits of Union competences are governed by the principle of conferral. The use of Union competences is governed by the principles of subsidiarity and proportionality.
2. Under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States.
3. Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.
   The institutions of the Union shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality. National Parliaments ensure compliance with the principle of subsidiarity in accordance with the procedure set out in that Protocol.
4. Under the principle of proportionality, the content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties. […]