First 10 Pages Flashcards
(180 cards)
1
Q
What is the European Union?
A
The EU is a supranational, political and economic union which consists of a number of states in the continent of europe. They are referred to as member states.
2
Q
What is the EU often referred to as?
A
The EU is often referred to as a Sui Generis (William 2012). (A unique, political and legal entity)
3
Q
How has EU Law developed?
A
The development of EU law has been gradual, evolving alongside the growth of the European Union itself. Rather than emerging fully formed in the 1950s, EU law has progressed incrementally through treaty amendments, new treaties, the addition of member states, and the transfer of competences from national to supranational level.
4
Q
Why did the world jump to form institutions like the EU
A
The end of World War II marked a pivotal moment in European history, with the continent reeling from the devastation and atrocities of the conflict, including the Holocaust. This period witnessed a significant shift towards ideas of European integration and internationalism.
5
Q
The two conferences that established a certain committee
A
Moscow Conference of 1943, Yalta Conference of 1944
6
Q
What is this committee called?
A
The European Advisory Committee
7
Q
What treaty made signifiant progress to the creation of the EU and what year?
A
Treaty of Rome 1958
8
Q
This Treaty marked the inception of what?
A
European Economic Community (EEC)
9
Q
Who were the original members of teh EEC
A
Belgium, France, West Germany, Luxembourg, Italy, The Netherlands
10
Q
In what years did the EEC expand and how many members were added in instalments?
A
Between 1973-2013, 22 members
11
Q
What members joined at the beginning and in what year?
A
Denmark, Ireland, Uk 1973
12
Q
What was the intention of the Treaty of Rome?
A
A pivotal aspect of the Treaty of Rome was the creation of a customs union among its member states. For those unfamiliar with international trade law, a customs union entails preferential trade arrangements within the union, wherein the union collectively manages external trade agreements. This results in lower trade barriers within the union compared to external trade partners
13
Q
What a significant milestone for European integration in the 80’s (give and exact date)
A
Signing of the Schengen Agreement
14
Q
The aim of this agreement?
A
This agreement aimed to facilitate the free movement of people within a designated area known as the Schengen Zone, eliminating border checks and passport controls among member states. This initiative was crucial in solidifying the principle of free movement within the European Economic Community and laying the groundwork for the Single Market.
15
Q
What treaty was signed in the 90s?
A
Maastricht Treaty, 1992 was signed and came into force in 1993
16
Q
What was its aim?
A
established the European Union, replacing the Buropean Economic Community. It aimed to expand the EU’s regulatory competences and territorial reach. Plans for enlargement included Cyprus and Malta, as well as several newly established post-Soviet states in Eastern Europe, such as Poland, Lithuania, Romania, and Ukraine.
17
Q
What did the Maastricht Treaty do?
A
It formally established the European Union, replacing the i Economic Community.
18
Q
What countries were included in the plans of enlargement for the Maastricht Treaty
A
Plans for enlargement included Cyprus and Malta, as well as several newly established post-Soviet states in Eastern Europe, such as Poland, Lithuania, Romania, and Ukraine.
19
Q
When was the Treaty of Lisbon signed
A
agreed upon in 2007 and entering into force in 2009,
20
Q
What was the Treaty’s intention?
A
It merged the EU’s three pillars, created the position of President of the European Council, and allowed for the establishment of a single union with legal personality.
21
Q
What did the Treaty of Lisbon aim to do?
A
To enhance the functionality and cohesion of the European Union.
22
Q
What countries joined after the Treaty of Lisbon and in what years?
A
Bulgaria and Romania 2007, Cyprus and Malta in 2008, Slovakia in 2009, Estonia in 2011, Latvia in 2014, and Lithuania in
2015. The Treaty of Lisbon’s reforms played a significant role in shaping the institutional landscape of the European Union and facilitating its expansion
23
Q
What is EU accession?
A
the formal process through which a state joins the European Union, becoming a full-fledged member state. Fundamentally, this process involves adhering to and becoming a party to the original founding treaties of the European Union, as well as subsequent treaty agreements that have amended these treaties over time.
24
Q
What are the technicalities of joining the EU?
A
It requires a state to sign onto and comply with the founding treaties.
25
Where is the criteria for EU membership outlined? What year?
Copenhagen Criteria 1993
26
When were these criteria put in place?
Before a period of rapid enlargement
27
What is the first criteria to become and EU member?
Firstly, the state must be considered a "European country."
28
2nd criteria to join the EU?
The second criterion for EU membership is that the aspiring state must be a democracy.
I
'This means that it must operate as a democratic state, characterized by free and fair elections. A theocracy, dictatorship, or any form of totalitarian regime is not compatible with EU membership. The requirement for democracy ensures that member states uphold fundamental democratic principles and values.
29
3rd criteria for joining the EU?
Additionally, aspiring member states must have a functioning market economy. While some may view this criterion as imposing capitalist ideology, it aligns with the economic framework of the EU. Joining the EU's single market necessitates having a market economy, as a command economy would not integrate well within the EU's economic structure.
30
4th Criteria for joining the EU?
Respect for the rule of law and membership.
undamental human rights is another essential criterion for EU
This requirement underscores the EU's commitment to upholding legal standards and protecting human rights across its member states
31
Final criteria for joining the EU?
Lastly, aspiring member states must be willing and able to adopt and implement EU law.
32
What is the adoption of EU Law called?
This criterion, sometimes referred to as the "acquis communautaire," is crucial for ensuring alignment with EU regulations and standards. It is arguably the most significant element of the accession process because meeting the other criteria is often a prerequisite for this aspect.
Essentially, it ensures that member states are committed to integrating into the EU's legal framework.
33
What happens when the Copenhagen Criteria is met?
This typically involves a period of informal negotiations with existing EU member states.
Following these negotiations, the European Council holds a unanimous vote to initiate the formal
negotiation process.
34
What does the negotiation process focus primarily on?
The negotiation process primarily focuses on the candidate state's ability to adhere to EU law, known as the acquis communautaire. The acquis communautaire encompasses 35 separate policy
chapters, each of which is subject to extensive negotiation to ensure compliance with the
intricate and detailed framework of EU law.
35
What happens after it is determined the state can comply with EU Law?
a formal accession treaty is drawn up. This treaty outlines the terms and
conditions of the candidate state's membership in the European Union, including any transitional arrangements or specific commitments required for accession
36
When was the withdrawal process included in the EU treaties?
until the Treaty of Lisbon, which introduced Article 50.
37
What does Article 50(1) state?
Article 50(1) states that any member state may decide to withdraw from the EU in accordance
with its own constitutional requirements. Upon making this decision, the withdrawing state must notify the European Council of its intention.
38
What happens after the EU is notified a member state wants to leave?
The EU then proceeds to negotiate and conclude an
agreement with the withdrawing state, outlining the arrangements for its withdrawal and
considering the framework for its future relationship with the Union.
39
What Article is the agreement negotiated with regards to?
This agreement is
negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European
Union and is concluded on behalf of the Union by the Council, acting by qualified majority, with the consent of the European Parliament.
40
What does Article 50(2) elaborate on?
the negotiation process, emphasizing the importance of reaching a
future relationship agreement with the withdrawing member state. This aims to ensure that the
withdrawal occurs with some form of negotiated agreement, rather than a disorderly exit.
41
What does Article 50(3) specify for?
specifies the timeline for withdrawal, stating that the treaties shall cease to apply to
the withdrawing state from the date of entry into force of the withdrawal agreement or, failing
that, after two years of negotiations. However, this period can be extended unanimously by the
European Council in agreement with the withdrawing member state.
42
What happens to a member state’s representative during a withdrawal process?
during the withdrawal process, the withdrawing member state's representative in
the European Council or Council des not participate in discussions or decisions concerning it.
43
Describe the transition period of withdrawal from the EU
For a certain
period after withdrawal, there are no immediate changes in how goods and services are
regulated, or in terms of the free movement of people, among other aspects. However, during this
transition period, the withdrawing state no longer has political representation or participation in
the EU's lawmaking processes
44
Where is the institutional framework of the EU outlined?
Article 14 of the Treaty on European Union
45
What does this article state?
This article states that the EU's institutions aim to promote its values, advance its objectives,
serve the interests of its citizens and member states, and ensure the consistency, effectiveness,
and continuity of its policies and actions.
46
What EU institutions are listed in article 13?
European Parliament, EU Council, Council of the European Union, The European Commission, The Court of Justice of the European Union, The European Central Bank, The European Court of Auditors
47
What does the European Parliament stand out as?
The European Parliament stands out as the only institution within the European Union that is
directly elected by the citizens of the member states.
48
What is the primary function of the European Parliament?
include holding the European Commission and its President accountable,
which is vital for ensuring democratic legitimacy and accountability within the EU's political system.
49
Where are the rules and powers of the EU Parliament outlined?
Article 14 of the Treaty on European Union
50
Article 14 key provisions?
The European Parliament exercises legislative and budgetary functions jointly with the
Council.
2. It performs political control and consultation functions as defined in the treaties.
3. The European Parliament elects the President of the European Commission, a significant mechanism for holding the Commission accountable.
4. The composition of the European Parliament is determined by a decision adopted by
unanimity in the European Council, initiated by the European Parliament and with its
consent. This decision respects the principles outlined in the first paragraph of Article 14.
5. Members of the European Parliament are elected for a term of five years through direct, universal suffrage, in free and secret ballots. This ensures representation of citizens without discrimination.
6. The European Parliament elects its President and other officers from among its members.
51
Describe representation in the EU Parliament
'Representation in the European Parliament is established on a proportional basis, with smaller
member states having fewer seats and larger member states having more. However, there are
minimum and maximum thresholds set by Article 14. The minimum threshold ensures that each member state has at least six members, while the maximum threshold restricts any member state
from having more than 96 seats
52
How is the EU Parliament president elected?
The President of the European Parliament is elected from among the Members of the European
Parliament (MEPs). As outlined in Article 14 of the Treaty on European Union (TEU), the
President serves for half of a parliamentary term, which is typically two and a half years. Since
the parliamentary term is five years, there are two Presidents per term.
53
Describe the EU Parliament President’s role?
The President of the European Parliament serves as the primary representative of the Parliament
in negotiations and discussions with other EU institutions. This includes engagements with the
European Commission, the Council, and other bodies. In these negotiations and conversations,
the President plays a crucial role in advocating for the Parliament's positions and interests.
54
What does the EU Parliament president have the authority to do?
Additionally, the President of the European Parliament has the authority to approve or give the
green light to documentation on behalf of the Parliament. This responsibility underscores the
President's role in ensuring the Parliament's voice is effectively represented in EU decision-making processes.
55
Describe the EU parliaments power over the EU’s budget
This authority reflects the Parliament's direct
accountability to and election by the citizens of the EU member states. Given that the budget
consists of taxpayer funds contributed by member states, it makes sense for the Parliament, as a
directly elected body, to have substantial influence over financial decisions.
56
Where is the process for adopting and establishing the EU budget outlined?
Article 314 of the Treaty
on the Functioning of the European Union (TFEU).
57
Describe the overview of the pressure of adopting and establishing the EU budget
the Functioning of the European Union (TFEU). Here's a basic overview of the procedure:
1. The European Commission drafts a provisional EU budget.
2. The provisional budget is sent to both the Council of the European Union and the
European Parliament.
3. The Council adopts a position on the budget and communicates it to the Parliament.
4. The budget undergoes several stages within the Parliament, including review by the
Parliamentary budget committee.
5. If the Parliament agrees to the budget, it is adopted as the official EU budget. However, if
the Parliament rejects it, the process must start anew, with the Commission submitting a
new draft budget along with relevant amendments.
58
The EU Parliament is granted what power from Article 234?
the ability to hold the European Commission to account.
According to this article, if a motion of censure on the activities of the Commission is tabled
before the Parliament,
59
What procedure must be followed if a motion of censure on the activities of the commission is tabled before Parliament?
The Parliament shall not vote on the motion until at least three days after it has been tabled.
2. The vote on the motion of censure must be conducted openly.
If the motion of censure is carried by a two-thirds majority of the votes cast, representing a majority of the component members of the European Parliament, the members of the Commission shall resign as a body.
4. Additionally, the High Representative of the Union for Foreign Affairs and Security Policy shall resign from the duties carried out in the Commission.
5. The members of the Commission shall remain in office and continue to deal with current business until they are replaced in accordance with Article 17 of the TEU.
6. The term of office of the members appointed to replace them shall expire on the date when the term of office of the resigned Commission members would have expired.
60
What does a motion of censure against the Commission result in?
It results in the resignation of the Commission as a whole. This power underscores the Parliament's role in ensuring accountability and oversight within the EU institutional framework, making it a crucial and influential actor in European governance
61
What does Article 15 outline?
Article 15 of the Treaty on European Union outlines the powers and functions of the European Council, describing it as one of the key political institutions of the European Union. Essentially, this means that the Council has the authority to direct the policy of the EU, determining the overarching political directions and priorities for the Union's development.
62
Describe the key aspects of the European Council’s operation
Firstly, it
establishes the composition of the Council and the frequency of its meetings, which occur at least twice every six months. The Council may convene special meetings as necessary, chaired by its president.
Moreover, the European Council is responsible for electing its president, who serves a term of two and a half years, renewable once. The president facilitates the Council's work, ensures continuity, and fosters cohesion and consensus. They also report to the European Parliament after
each meeting
63
What does the elected president of the European Council have to do ?
the elected president represents the EU exclusively, relinquishing their role as a
representative of their member state. This underscores the EU's supranational character and the
president's focus on advancing the Union's interests.
64
What article describes the role and function of the Council of the European Union?
Article 16 of the Treaty on European Union (TEU) delves into the intricate powers and functions entrusted to the Council of the European Union,
65
Main role of the Council of the EU?
It is pivotal in representing the diverse interests of member states. The Council's responsibilities encompass a wide array of legislative, budgetary, policy-making, and coordinating functions, each contributing to the overall
governance and decision-making processes of the European Union (EU).
66
Legislative and budgetary function of the Council of the EU?
Together, they work to enact laws, approve budgets, and shape EU policies in various domains, ranging from economic governance to
environmental protection.
67
Policy making and coordination responsabilités of the Council of the EU?
This entails formulating EU
policies, setting strategic objectives, and coordinating actions among member states to achieve
common goals. By engaging in policy debates and negotiations, the Council strives to address
pressing challenges facing the EU, such as migration, security, and economic stability, while
upholding the principles of democracy, solidarity, and subsidiarity.
68
Composition and représentation task of the Council of the EU?
attend Council meetings to participate in
discussions, negotiate agreements, and cast votes on behalf of their governments. The principle
of collective decision-making ensures that each member state has a voice in shaping EU policies
and legislation, regardless of its size or population.
69
Voting mechanism of the Council of the EU?
Decisions within the Council are typically made through a qualified majority voting system,
whereby a specified threshold of member states and population must support a proposal for it to
be approved. However, the treaties allow for variations in the voting procedure, depending on the nature of the decision and its impact on member states' interests. In certain cases, unanimity may
be required, especially concerning sensitive issues such as taxation, foreign policy, or constitutional matters
70
Describe proportional representation in the Council of the EU.
The Council's voting system incorporates the principle of proportionality to ensure fair representation and balance among member states. Larger states, with larger populations, hold
more voting weight compared to smaller states, but the system strives to maintain a balance that
respects the sovereignty and equality of all member states. This proportional representation
underscores the EU's commitment to democratic governance and consensus-building among its diverse membership
71
Policy areas under the Council’s purview?
Employment and social policy
2. Transport
3. Justice
4. Environment
5. Education
6. Economic affairs
7. Competitiveness
8. Agriculture and fisheries
9. Foreign affairs
10. General affairs
72
Describe the presidency of the Council
presidency of the Council rotates among all member states, with each state holding the
position for a six-month term. Consequently, there are two presidents per year. During its
presidency, a member state has the authority to set the policy agenda for the duration of its term.
For instance, if France holds the presidency, it determines the agenda for the six months it is in
control. This includes deciding which policy areas will be prioritized for discussion and action
within the Council. For example, if France choses to focus on justice during its presidency, the
Council's configuration during that period will revolve around issues of legislative and budgetary
authority pertaining to justice matters.
73
What does the European Court of Justice comprise of ?
The Court of Justice of the European Union (CJEU) comprises several judicial institutions,
including the Court of Justice itself and the General Court. However, it's crucial to clarify that
the CJEU is not an appels court akin to those found in domestic legal systems
74
Structure of the CJEU
composed of 27 judges, each supported
by 11 Advocates General who assist in the court's proceedings. These judicial figures play
pivotal roles in ensuring the proper interpretation and application of EU treaties and laws.
75
What does CJEU encompass?
It specifies that the CJEU encompasses the Court of Justice, the General Court, and
potentially other specialized courts within the EU framework. This collective term, "Court of
‚Justice of the European Union," refers to this array of judicial bodies.
76
Qualities required for the selection of judges and Advocates general.
These
individuals must demonstrate unquestionable independence and meet specific conditions
outlined in Articles 253 and 254 of the Treaty on the Functioning of the European Union
(TFEU). The appointment process involves a consensus among the governments of the member
states.
77
Length of term for a judge and advocate general?
Each judge and Advocate General serves a
term of six years, with the possibility of reappointment upon retirement.
78
What is the jurisdiction of the CJEU?
The Court of Justice of the European Union (CJEU) possesses juridiction to rule on actions
brought by member states, institutions, or natural and legal persons, as stipulated in the treaties.
This broad scope of jurisdiction allows the CJEU to hear cases from a diverse range of
individuals and entities.
79
Role of CJEU
Additionally, the CJEU provides
preliminary rulings upon request from courts or tribunals of member states regarding the
interpretation or validity of EU law. It also adjudicates on other cases as provided by the treaties
80
What is EU competence?
Competence essentially refers to the areas in which the European Union has juridiction. It's
crucial to understand that the European Union is not a sovereign state like the United States or
Germany; rather, it is a supranational entity comprising member states. These member states
retain their sovereignty, and the EU's authority is derived from the delegation of powers by these states.
81
Why is the concept of EU competence paramount?
The concept of competence is paramount because it delineates the scope of EU authority. The
EU exercises its powers only in the areas expressly delegated to it by member states. This delegation of sovereignty allows the EU to legislate and act collectively on matters of common interest, such as trade, competition, and environmental protection.
82
What Article regulates the the concept of competence?
Article 5
83
What does the principle of competence stipulate
the EU may only act within the competences
conferred upon it by member states in the treaties. In essence, member states collectively agree
to delegate certain powers to the EU to achieve the objectives outlined in the treaties. However,
competences not explicitly granted to the EU in the treaties remain with the member states.
84
What does the principle of subsidiary stipulate?
the EU should only intervene when action at
the EU level is deemed necessary and cannot be effectively achieved by member states acting
independently, either at the central, regional, or local levels. This principle recognizes that
certain actions may be better suited for handling at a lower level of governance but
acknowledges instances where EU-level intervention is warranted due to the scale or effects of the proposed action.
85
What does the principle of proportionality ensure?
the principle of proportionality ensures that EU interventions are proportionate to the
objectives pursued and do not exceed what is necessary to achieve those objectives.
86
What do these principles safeguard?
that EU actions are aligned with the objectives set out in the treaties while respecting
the sovereignty and autonomy of member states. The application of these principles is further
detailed in the Protocol on the Application of the Principles of Subsidiarity and Proportionality,
which guides the institutions of the EU in their decision-making processes
87
What is exclusive competence?
Exclusive competence refers to those areas of European Union law where the Union holds sole
authority, and member states do not possess individual powers to legislate. This represents the
strongest form of competence, as it entails the complete delegation of sovereignty by member states to the EU.
88
What Article delineates the area in which the EU has exclusive competence?
Article 3
89
What areas does the EU have exclusive competence?
Customs unions
2. Establishment of competition rules necessary for the functioning of the internal market
3. Monetary policy for member states whose currency is the Euro
4. Conservation of marine biological resources under the Common Fisheries Policy
5. Common commercial policy
6. Conclusion of international agreements, when provided for in a legislative act of the
Union, necessary for the exercise of its internal competence, or affecting common rules
or altering their scope.
90
What is shared competence?
Shared competence refers to an area of legislation in which both the European Union and its
member states have partial authority. In such cases, national sovereignties of member states
retain significant authority, but the EU can intervene when its actions can enhance the
effectiveness of the policy.
91
What is the rationale behind shared competence?
The rationale behind shared competence lies in the recognition that
the EU may be better equipped to regulate certain areas more efficiently than individual member states.
92
What article of what treaty outlines the concept of shared competence?
Article 4 of the Treaty on the Functioning of the European Union (TFEU) outlines the concept of
shared competence. According to this article, shared competence applies in areas not covered by exclusive competence (Article 3) or the specific competences of the Union (Article 6).
93
Cite the areas of shared competence in Article 4.
Internal market
• Social policy for aspects defined in the treaty
• Economic, social, and territorial cohesion
• Agriculture and fisheries (excluding marine biological resources conservation)
• Environment
• Consumer protection
• , Transport
Trans-European networks
Energy
Areas of freedom, security, and justice
. •
Common safety concerns and public health matters
Research, technological development, and space
94
What is supporting competence?
the EU shall have competence to carry out actions to support, coordinate,
or supplement the actions of member states in specific areas.
95
What article stipulates supporting competence?
Article 6
96
What areas does the EU have supporting confidence?
Protection and improvement of human health
2. Industry
3. Culture
4. Tourism
5. Education
6. Vocational training
7. Youth and Sports
8. Civil training
9.Administrative cooperation
97
What does supporting competence acknowledge?
the importance of preserving national sovereignty in
certain policy domains while recognizing the potential benefits of EU-level coordination or support. By focusing on areas where EU action can complement or reinforce national efforts, supporting competence seeks to strike a balance between European integration and respect for
member states' autonomy and cultural diversity.
98
What is the principle of proportionality?
The principle of proportionality assesses whether a measure aligns with the purpose and scope of
the treaties governing the European Union's competences. It ensures that EU actions remain
within the bounds established by the treaties and do not exceed the Union's prescribed authority.
In essence, proportionality scrutinizes whether a measure is warranted based on the competences
conferred upon the EU by the treaties.
99
Describe the case of Vodaphone in 2010
In the case of Vodafone in 2010, the dispute centered on roaming charges for mobile phones. specifically the pricing of calls made while abroad. The European Union enacted Regulation 717 in 2007 to limit the costs of roaming charges, citing Article 95 of the EC Treaty (now Article 114 of the Treaty on the Functioning of the European Union) as the legal basis for its competence in this area.
Vodafone and other network providers contested the regulation, arguing that it exceeded the EU's
competence and violated the principle of proportionality. They claimed that the regulation went beyond the specific competences outlined in the treaty. However, the European Court of Justice
rejected their arguments.
The court held that the proportionality of a measure does not necessitate it being the most
effective or flawless option available. Instead, as long as the measure is not "manifestly inappropriate" in relation to the objectives set out in the treaties, it can be deemed proportional.
100
What did the case of R v. Minister of Agriculture, Fisheries and Food set out?
Suitability: Is the measure suitable for achieving the objectives within the EU's competence as outlined in the treaties? This question assesses whether the directive or regulation aligns with the intended goals of the relevant EU poliay area. If the measure is not suitable for achieving these objectives, it may be considered disproportional.
2. Necessity: Could the objective have been achieved through a less intrusive means that would have posed fewer restrictions on the sovereignty of member states? This question evaluates whether the measure is necessary in its current form or if alternative approaches could have been taken. While it doesn't require perfection, it aims to determine if the measure is not "manifestly inappropriate," as stated in the Vodafone case.
Excessive Impact: Des the mesure have an impact that extends beyond the objectives
of the EU's competence? This question examines whether the policy's effects go beyond
what is necessary to achieve the EU's prescribed goals. If the mesure extends into areas
beyond the EU's competence or introduces unintended consequences, it may be deemed disproportionate
101
What is the concept of subsidiary?
The concept of subsidiarity serves as an exception to the basic rule of competence within the
European Union. Essentially, subsidiarity dictates that in areas where the EU does not inherently
possess competence, meaning it lacks authority as defined by the primary laws of the EU
treaties, it may still act if member states individually or collectively demonstrate an inability or
unwillingness to achieve the same outcome.
102
In what Article is subsidiary defined?
Article 5, Part 3 of the Treaty on European Union outlines the principle of subsidiarity. It states
that under this principle, the EU shall only intervene in areas outside its exclusive competence if
member states cannot sufficiently achieve the proposed action at a national, regional, or local
level, and if the proposed action could be better accomplished at the Union level due to its scale or effects.
103
What does subsidiary recognise?
certain actions or policies may necessitate EU-level intervention
either due to their scale, where the resources of a single member state are inadequate, or because
of their effects, which may extend beyond national borders. For instance, issues related to the
internal market, which fall within the EU's exclusive competences, naturally require
supranational regulation. However, even in areas beyond exclusive competence, subsidiarity may
justify EU intervention if it's deemed more effective or practical to regulate at the Union level.
104
What does subsidiary ensure?
subsidiarity ensures that decision-making authority is exercised at the most
appropriate level, striking a balance between centralized EU governance and the autonomy of member states.
105
Describe the case of Germany v Parliament
This case revolves around financial law within the EU and the Union's monetary policy. The EU
mandated member states, via a specific directive called the Deposit Guarantee Directive, to
establish a scheme ensuring the existence of special deposit insurance for credit institutions.
Germany challenged this directive, arguing that the EU had failed to consider the principle of
subsidiarity, as required by Article 190 of the EC Treaty (now incorporated into Article 5 of the
Treaty on European Union). Germany contended that the EU directive didn't adequately justify its necessity over national action.
However, the European Court of Justice rejected Germany's argument, asserting that the EU had
provided a sufficient explanation. The directive aimed to address issues related to unavailable
financial deposits, which could transcend national borders. It was argued that a solely national
approach would not effectively resolve this issue, as it could impact cross-border financial
transactions. Therefore, the EU's intervention was deemed necessary to achieve the intended
goal, aligning with the principle of subsidiarity.
106
Describe the case of Alliance for Natural Health
these cases centered on EU directives regulating certain foods considered supplements. Directive
2002/46 aimed to harmonize national rules regarding these supplements to enhance consumer
protection within the EU single market. Claimants argued that these directives infringed on
member states' rights to regulate consumer protection independently, questioning the application
of subsidiarity.
The European Court of Justice invoked Article 114 of the Treaty on the Functioning of the
European Union, which grants the EU competence to improve the conditions of the single
market. Harmonizing rules across member states to ensure consistency in consumer protection
aligns with this objective. Therefore, the Court concluded that the EU's actions fell within the
scope of subsidiarity, as defined by Article 114, allowing the Union to legislate in areas aimed at improving the single market
107
Where is the majority of EU Primary Law found?
Treaty on Buropean Union
(TEU) and the Treaty on the Functioning of the European Union (TFEU).
108
Basic Provisions of the Treaty on European Union?
Basic Common Provisions (Title I:
•Establishes foundational principles of the EU, including its objectives, values, and
legal framework.
• Outlines the EU's institutional structure and decision-making process.
Affirms the supremacy of EU law and the binding nature of EU decisions on member states.
109
Democratic Principle on TEU?
Democratic Principles (Title II):
•Defines the democratic principles upon which the EU is based, including the role
of citizens, representative democracy, and participatory mechanisms.
•
Ensures transparency and accountability in EU institutions and decision-making processes.
110
Provisions on institutions in the TEU?
Details the organization, composition, and functioning of EU institutions, such as
the European Council, the European Parliament, the European Commission, and the Court of Justice of the European Union (CJEU).
• Specifies the powers and responsibilities of each institution and their interrelations.
111
Enhanced cooperation in the TEU?
Facilitates deeper cooperation and integration among member states in specific
policy areas where unanimity cannot be achieved.
•
Allows groups of member states to move forward with integration mesures while
respecting the EU's legal framework.
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Provisions for the Union’s external action in the TEU?
Sets out the EU's objectives, principles, and instruments for conducting external
relations, including common foreign and security policy (CFSP).
• Defines the roles of EU institutions in external affairs and establishes procedures
for decision-making in this area.
113
Final provisions in the TEU?
Contains miscellaneous provisions, including procedures for amending the
treaties, ratification processes, and entry into force of the treaty.
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Principles in TFEU?
Establishes the fundamental principles governing the EU's operation, including
non-discrimination, citizenship, and subsidiarity.
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Internal market TFEU?
Sets out the rules governing the EU's internal market, including the free movement of goods, services, capital, and persons.
•
Addresses issues such as competition policy, taxation, and the approximation of laws.
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Union policies and internal actions in the TFEU?
• Regulates various policy areas, including agriculture, fisheries, transport,
competition, economic and monetary policy, employment, social policy, and consumer protection.
117
External action in the TFEU?
• Defines the BU's external action, including its relations with non-member countries and international organizations.
• Outlines the principles, objectives, and instruments of the EU's external policy,
including trade, development cooperation, and humanitarian aid.
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Institutional and financial provisions in the TFEU
Addresses institutional matters, including the functioning of EU institutions,
decision-making procedures, and the EU's budgetary framework.
119
General and final provisions in the TFEU
Contains general provisions, including procedures for treaty amendments, ratification, and entry into force.
Concludes with final provisions related to the treaties' interpretation and application
120
What was the motivation for establishing the Treaty of Amsterdam ?
Anticipation of EU expansion into Eastern European countries following the
collapse of the Soviet Union.
• Recognized the need for institutional reform and greater flexibility within the EU
to accommodate new member states.
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Describe the Treaty of Amsterdam’s entry into force.
Signed in 1997, entered into force in 1999.
Introduced changes to the EU's institutional framework and decision-making processes.
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Key provisions in the Treaty of Amsterdam?
Institutional Reform: Extended the concept of co-decision and qualified majority
voting (QMV) in decision-making processes. QMV is crucial for establishing
secondary legislation.
• Principle of Subsidiarity: Amended to allow the EU to legislate in areas where
individual member states cannot achieve the same effect independently.
• Area of Freedom, Security, and Justice: Introduced gradually, signifying the EU's increasing role in criminal justice, security arrangements, and counterterrorism
measures.
•
Employment and Social Policy: Enhanced provisions in these areas, reflecting the
EU's commitment to promoting social cohesion and labor rights.
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Impact of the Treaty of Amsterdam?
The Treaty of Amsterdam laid the groundwork for further EU expansion and
integration, preparing the Union for the challenges and opportunities of the
post-Cold War era.
• It solidified the EU's role in areas beyond economic cooperation, such as justice,
security, and social policy, reflecting the evolving needs of member states and the broader European community
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Integration of the TOA into the EU Community?
The Treaty of Amsterdam incorporated the Schengen agreements into the
framework of the EC treaty.
• The Schengen agreements established the Schengen Area, where there are no
border controls between member states, allowing for seamless travel across borders.
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What is the Schengen Zone?
• The Schengen Zone encompasses countries within the European Union that have agreed to abolish internal border controls.
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How is travel within the Schengen zone characterised?
The absence of passport
checks, allowing individuals to move freely across member states without
hindrance.
127
The Schengen zone’s distinction from the single market?
It's important to note that the Schengen Zone and the Single Market are distinct
entities.
• Member states may participate in the Single Market without being part of the
Schengen Area, and vice versa.
• For example, the United Kingdom was part of the Single Market but opted out of
the Schengen Agreement, maintaining its own border controls.
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Impact of the incorporation of the Schengen Agreement into the EC?
in
facilitating cross-border travel and fostering unity within Europe.
• It reflects the EU's commitment to promoting freedom of movement and
enhancing practical cooperation in areas such as security, law enforcement, and migration management within the Schengen Area.
129
Reason for the Treaty of Lisbon?
The Treaty of Lisbon emerged in response to the anticipated expansion of the European Union, particularly into Eastern Europe. This expansion marked one of the largest enlargements in EU history. Alongside calls for enlargement, there was a need for constitutional and institutional reform to ensure the EU was prepared for this significant development. The concept of
"widening and deepening" emerged, signifying both the expansion of the EU's membership and the deepening of integration among member states.
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Reason for the enlargement ?
Widening:
• Refers to the expansion of the EU's membership, specifically into Eastern European states following the collapse of the Soviet Union.
• This enlargement was substantial, involving a significant number of new member states joining the EU, making it wider geographically.
2. Deepening:
• Involves further integration among member states, strengthening ties and cooperation within the EU.
•The goal was to deepen the EU's integration beyond its original purpose of economic cooperation, towards broader political, social, and legal integration.
131
Impact of the TOL?
The Treaty of Lisbon merged the European Community (EC) and the European Union (EU) into a single entity, consolidating them under the name
"European Union." This streamlined the terminology and clarified the EU's identity as a unified institution.
132
Describe the EC Treaty renaming process?
The C treaty underwent a renaming proces, becoming known as
the Treaty on the Functioning of the European Union (TFEU). This renaming aimed to modernize and update the terminology used in EU law, although it introduced complexities for referencing older cases and provisions.
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What did the TOL expand on?
The Treaty of Lisbon expanded the scope of qualified majority voting within the EU decision-making process. QMV allows for more efficient decision-making by requiring a specified majority rather than unanimity among member states. This expansion enhanced the effectiveness of EU governance and legislative procedures.
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What did the TOL rename?
The Court of First Instance was renamed to the General Court, reflecting its role as the lower court within the EU judicial system. This change aimed to clarify the court's function and streamline its operations.
135
What did the TOL do in-regards to the European Parliament
The Treaty of Lisbon granted the European Parliament an enhanced role in EU decision-making, strengthening its position as the only directly elected institution of the EU. This included new powers for the President of the European Council and amendments to the Charter of Fundamental Rights.
136
What does Article 288 of the TFEU grant the EU to do?
Article 288 of the Treaty on the Functioning of the European Union (TFEU) grants the European Union the authority to enact secondary legislation, which complements the primary EU law found in the treaties. Secondary legislation is divided into five categories, with regulations, directives, and decisions being the most significant ones. These categories are established to enable the Union to exercise its competences effectively.
137
What are the main types of secondary legislation?
Regulations, directives, and decisions are the main types of secondary legislation,
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Difference between regulations, directive and decisions?
While regulations and directives are binding in their entirety and directly applicable in member states, decisions are binding only on those to whom they are addressed.
139
Describe regulations.
Regulations have general application and are binding in their entirety on all member states. This means that they apply uniformly to all member states without exception and are directly applicable without the need for further transposition into national law. Consequently, regulations constitute the strongest form of secondary legislation, as they impose legally binding obligations on every member state and individual within their jurisdiction.
140
Describe the enforceability of regulations?
Once a regulation is adopted by the EU institutions, its provisions become immediately enforceable within the legal framework of each member state. This direct application streamlines the implementation process and ensures consistent enforcement of EU law across the Union.
141
Describe directives
The crucial aspect of directives highlighted in this provision is the phrase "as to the result to be achieved," which fundamentally alters the nature of an EU directive compared to a regulation.
142
What do directives grant EU states?
This phrase grants EU member states a significant degree of discretion in determining the methods and procedures for implementing directives within their respective legal systems. While regulations impose directly applicable obligations on member states uniformly, directives focus on achieving specific outcomes while allowing flexibility in the means of achieving them. In essence, directives set forth the desired results that member states must accomplish, leaving the choice of implementation measures to their discretion.
143
Describe the time period and directives
The directive establishes a fixed time period for member states to implement its provisions into national law, typically around two ears. During this implementation period, member states have directives are binding only upon
those member states to which they are specifically addressed. This aspect reflects the tailored
approach of directives, allowing the EU to target specific member states based on their unique
circumstances and legal systems. This flexibility is crucial for accommodating the diverse needs and complexities of member states, ensuring the effective implementation of EU law while respecting national differences.
144
What treaty and article is the secondary law “decisions” outlined
Article 288 of the Treaty on the Functioning of the European Union introduces a distinct form of
secondary legislation called "decisions," which differs from regulations and directives in its application scope.
145
Describe “decisions” in the TFEU
The wording of Article 288 underscores the unique nature of decisions as instruments of EU
policy. While regulations and directives primarily target member states, decisions can address a
wider range of subjects and entities, reflecting their hyperspecific focus on particular policy
points.
146
What does the flexibility in the TFEU “decisions” allow for?
This flexibility allows decisions to have a nuanced impact on various actors within the EU, contributing to the complexity and effectiveness of the EU's regulatory framework
147
How is EU Law made?
The ordinary legislative procedure, formerly known as the co-decision procedure, serves as the
primary method for creating secondary legislation within the European Union. This procedure is
outlined in Articles 289 and 294 of the Treaty on the Functioning of the European Union
(TFEU). As secondary law is derived from primary laws, such as the treaties, member states
agree to empower the EU to enact secondary legislation through these primary laws.
148
Describe the legislation process in the EU.
The legislative process typically begins with a proposal from the European Commission, which
initiates the drafting of legislation. The European Parliament then conducts a first reading, where
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it provides opinions and proposes amendments to the legislation. These suggestions are
transmitted to the Council of the European Union for further consideration. If the Council approves the legislation, it is adopted. However, if agreement is not reached, a second reading ensues. During the second reading, the Council establishes a common position, which is then sent back to the European Parliament for discussion. Both institutions must agree on a common position for the legislation to be adopted. If consensus is reached, the measure may be approved.
149
What happens if there are disagreements during the legislative process?
In cases of disagreement between the Parliament and the Council, a conciliation committee may be convened. This committee, comprised of members from both institutions, aims to reconcile differences and reach a compromise on the legislation.
150
What is direct effect?
The principle of direct effect refers to the implementation of legal principles originating from the European Union. These principles, often found in the treaties or secondary legislation, apply to individuals within the EU, including private citizens and legal entities. If a member state fails to implement these measures, they can be held liable in their domestic legal system.
Direct effect means that EU law provisions are directly applicable in member states' domestic jurisdictions. If a member state fails to apply these provisions or if direct effect doesn't apply, indirect effect may come into play. If indirect effect also fails, state liability can be invoked, holding the state responsible for damages due to their failure to implement EU measures.
151
What did the principle of direct effect create?
also established the doctrine of supremacy, highlighting the authority of EU law over national law.
152
Describe the case of Van Gend en Loos
which involved Dutch customs duties on chemical products, important questions arose regarding the relationship between EU law and national law, as well as the principle of direct effect. The ruling of this case suggested that the EU constitutes a new order of international law, wherein member states have limited their sovereign rights, and individuals, including their nationals, are subject to its provisions.
153
What are the benefits of direct law?
Therefore, the principle of direct effect allows individuals or organizations to enforce their rights under European Union law in the domestic jurisdiction of the member state where they operate.
If they believe that the member state has violated a principle of EU law, they can approach a domestic court and request it to order the member state to apply and adhere to EU law.
Without the principle of direct effect, individuals would likely have to resort to European Union institutions, such as the European Court of Justice, which hears only a limited number of cases.
This would make it much more difficult for citizens of member states to enforce their rights against alleged violations by their member states.
154
What is vertical direct effect?
The distinction between vertical and horizontal direct effect primarily concerns the parties involved in the dispute. Vertical direct effect involves a private individual or organization bringing a claim against a member state, whereas horizontal direct effect involves a claim between private individuals.
155
What requirements must be met for vertical effect to apply?
1. The provision must be sufficiently clear and precise.
2. The rights and obligations established must be unconditional.
3. There must be no requirement for further measures to be implemented by the member state.
156
Describe the case if Rainers and Belgium
Rainers sought admission to the bar in Belgium but was denied because he was not a Belgian national.
He challenged this denial based on EU treaty provisions related to the free movement of services.
The court held that the relevant provision of the Treaty on the Functioning of the European Union was directly effective because it met the three established criteria: precision in the result to be achieved, unconditional rights, and no need for additional implementation measures
157
What is Horizontal direct effect?
Horizontal direct effect pertains to the application of EU law in disputes between private individuals or entities, rather than involving a private individual and a state. This raises questions about how EU law applies in such scenarios, where the parties are both private citizens.
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When does horizontal effect occur?
when a claim is brought by one private individual against another private individual or entity.
159
What is an essential case regarding horizontal direct effect
essential case illustrating horizontal direct effect is the 1976 Define and Sabena case, where an airline flight attendant challenged the discriminatory retirement age policy enforced by her employer, Sabena, based on EU principles of gender discrimination.
The court ruled that EU law, specifically Article 7 of the Treaty on the Functioning of the European Union (IFEU), applied horizontally between private parties. This meant that the flight attendant could bring a claim against the airline company for violating her rights under BU law, even though both parties were private entities. Article 7 prohibits gender discrimination and applies regardless of whether the dispute involves a member state or private entities, demonstrating the broad scope of direct effect.
160
Describe the case of the European Commission vs the Italian Republic.
In this case, the regulation addressed the oversupply of milk and milk-based products in the European Union, reflecting the EU's focus on economic aspects of law, including market regulation and competition law.
Although Italy only partially implemented the regulation into its domestic law, omitting some provisions, the Court of Justice of the European Union ruled that the regulation still had direct effect. When the European Commission initiated proceedings against Italy for this partial implementation, the court concluded that regulations, as long as they meet the basic requirements for direct effect, maintain their direct effect both vertically and horizontally.
161
What does the case European Commission vs the Italian Republic underscore ?
This case underscores the consistent application of direct effect principles to regulations,
ensuring their enforceability across member states and between private parties within the EU
legal framework.
162
Describe the case of Van Duyn v Home Office
A notable case illustrating this point is Van Duyn v Home Office from 1974. In this case, the
claimant sought to enforce her right to work at the Church of Scientology, arguing that the
refusal to grant her this right infringed upon her rights under Article 45 of the Treaty on the
Functioning of the European Union (TFEU) and Directive 64/221 on the free movement of workers.
163
What did this directive establish in regards to the free movement of workers?
The directive established that limitations on the free movement of workers, justifiable under
Article 45(3) of the TFEU, must be based on the individual conduct of the worker in question.
While limitations on free movement are permissible, they must be justified by the conduct of the
specific worker, as outlined in the directive.
164
Describe the case of Rati.
In the case of Ratti, the issue of the direct effect of directives during their implementation period was examined. Unlike treaties and regulations, which are automatically directly effective upon ratification or passage, directives undergo a transitional implementation period after being passed. During this period, member states are granted time to incorporate the directive's provisions into their national laws.
The case involved a claimant seeking to rely on a series of directives whose implementation period had not yet passed. The claimant aimed to leverage the less stringent rules of the directives, such as those concerning the labeling of solvents, against the stricter domestic laws of the member state. However, the court held that while directives must be clear and precise to have direct effect, they can only be invoked after their implementation period has elapsed. Member states are given this time frame to ensure compliance with the directives, and it would be premature to sue them for non-compliance during this period.
165
Describe the case of Foster v British Gas.
The question arose regarding what constitutes an
"emanation of the state" for the purposes of direct effect in directive implementation. While vertical direct effect applies to directives, allowing individuals to sue member states, horizontal direct effect does not extend to private entities. However, if a private company is deemed an emanation of the state, it can be subject to the same obligations as the state under EU law. British Gas, as a public utility company that was nationalized and provided a public service, was considered an emanation of the state. Therefore, it could be held accountable for violations of the equal treatment directive, which mandated equal retirement ages for men and women. The court established criteria for determining whether an entity qualifies as an emanation of the state, including providing public services, being under state control, and possessing powers and authorities beyond those of a private entity.
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What is indirect effect ?
Indirect effect comes into play when conflicts arise between the laws of the European Union and those of member states. This principle dictates that member states should interpret their national laws in a manner consistent with EU law to ensure compatibility. Unlike direct effect, where EU law directly penetrates the legal systems of member states, indirect effect operates differently by requiring interpretation of national law in alignment with EU law.
167
Describe the case of Von Colson in regards to indirect effect ?
women who sought employment in German prisons
challenged the policy denying them jobs, arguing it violated the equal treatment directive. This
case involved private citizens bringing action against private organizations, a scenario not
covered by direct effect. However, the court held that while the directive didn't specify a remedy,
claimants were entitled to more than just travel expenses. The directive's requirement for
member states to achieve its objectives binds all authorities, including the judiciary, obliging
them to interpret national law in line with the directive.
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What did Von Colson set in precedence?
It mandates the interpretation of
national law in accordance with EU law to achieve harmonization. It underscores the role of national courts in ensuring the application of EU directives, even in disputes between private
entities, contributing to the coherence of EU legislation.
169
Describe the case of Marleasing and Laericial
The court established that directives may have
horizontal indirect effect. Here, a company brought proceedings against another company,
illustrating a horizontal dispute between private entities. The court ruled that while the directive
didn't have direct effect, it could have indirect effect horizontally. This decision was based on the
directive's requirement for member states to achieve its objectives, obligating national law to be interpreted in accordance with the directive's provisions.
170
Describe the case of Fifer
claimants challenged German legislation allowing longer working
hours, which contradicted the EU's working time directive. The court held that national law must
be interpreted in conjunction with the relevant provisions of the directive, invoking indirect
effect. This case clarified that the working time directive could be applied both vertically through direct effect and horizontally through indirect effect
171
What is State Liability?
The concept of State liability represents a mechanism to address gaps in the protection of individual rights under European Union (EU) law. While direct and indirect effect principles may fall short in certain circumstances, State liability fills this void by holding member states accountable for failures to implement EU directives adequately.
172
Where is the principle of State Liability established?
The principle of State liability, established in cases like Francovich (1991), imposes an obligation on member states to compensate individuals when direct or indirect effects fail to ensure their rights.
173
Describe the Francovich case
In the Francovich case, Council Directive 89/987 required member states to provide insurance for employees in case of insolvency by their employers. However, Italy failed to implement this directive, resulting in unpaid wages for the claimants. While the directive did not have direct effect, State liability provided a legal basis for the claimants to seek damages from Italy for the infringement of their EU rights.
174
Purpose of state liability?
State liability serves several crucial purposes. It ensures the effective implementation of EU directives by incentivizing member states to comply with their obligations. Moreover, it upholds the principle of compensating individuals for losses incurred due to failures in EU law implementation. This not only protects the rights of EU citizens but also fosters greater adherence to EU Law from member states.
175
What conditions were outlined in Francovich?
Firstly, the directive at issue must aim to grant rights to individual EU citizens. Directives, while not directly binding in their content, set out the results to be achieved by member states. These results typically entail the granting of identifiable rights to citizens.
Secondly, the rights conferred by the directive must be clear and easily discernible. Identifiable rights ensure clarity and facilitate the determination of breaches.
Lastly, there must be a causal connection between the breach of state obligations and the damage suffered by the claimant. Causation is fundamental in establishing liability, ensuring that the breach directly results in harm to the claimant.
176
What cases elaborate on the definition of sufficiently serious “breaches”
Factortame and Brasserie cases elaborate on the notion of "sufficiently serious" breaches. A breach is deemed sufficiently serious when a member state blatantly and gravely disregards the limits on its discretion. Mere breaches within the broader discretion granted by directives do not meet this threshold.
177
What does Article 48 TEU do?
This article outlines the procedures for amending the EU treaties, including both ordinary and simplified revision procedures.
178
What are Passerelle Clauses?
These are clauses within the treaties that allow for the transition from unanimity to qualified majority voting in specific policy areas without amending the treaties themselves.
179
What does article 352 TFEU provide ?
This article provides a legal basis for the EU to act in areas not explicitly covered by the treaties, known as the "flexibility clause."
180
What are satellite treaties?
SCG): These are treaties that complement the EU treaties and contribute to the development of EU law and institutions.
