Lecture 1 Flashcards
(24 cards)
What is the definition of integration?
Integration can be political or economic
Integration is the opposite of disintegration.
What are the two types of integration according to J. Tinbergen?
- Positive
- Negative
Negative integration is what the ECJ has primarily worked towards.
What is the specific legal meaning of integration within the context of the EU?
The law as a driving factor behind the integration of the European Union.
What does negative integration entail?
- Non facere
- Interdiction by institutions to abstain from disintegration.
What does positive integration involve?
- Facere (adopting norms)
- Actions of the EU
- Collaboration caused by EU institutions.
What is the principle of conferral as stated in Article 5 TEU?
Member states have competence unless explicitly attributed to the EU.
List the three categories of competences according to Articles 2 to 6.
- Exclusive
- Shared
- Coordination & support
What is an example of exclusive competences?
- Fisheries
- External commercial trade
- Customs
What is the principle of pre-emption in shared competences?
The EU can act, and member states are only competent insofar as the EU has not acted.
What are examples of coordinating & supporting measures?
Erasumus programme, Bologna measures.
What is the Flexibility clause of 352 TFEU?
Allows the EU to legislate on matters where it is not competent, requiring unanimity.
What was the outcome of the ECJ Tobacco Advertising case regarding competence?
The ECJ allowed the wrong competence, setting a low threshold for what counts as internal market.
Germany had argued that this was nothing to do with pinternal market and that this was simply competence creep, ads are usually written in a native languag
What is the centre of gravity test used for?
To determine which competence applies when multiple competences are relevant.
So when something can be done on agricultural competences but also based on internal market the centre of gravity test must be applied.
If the test is inconclusive: the legislation must satisfy the procedural requirements of both.
What is the significance of the Cassis de Dijon case?
Introduced market access and mutual recognition for total market equality.
What are the exceptions to the prohibition to restrict free movement?
- Rule of Reason
- Treaty exceptions
What does harmonization aim to achieve?
Levels out the distortions resulting from various national regimes.
What is the Tedeschi Rule?
After harmonization, national measures should only be assessed under harmonization measures and no longer under the rule of reason.
What is the basic scheme?
- Harmonisation? -> apply that
- Is there a prohibition to restrict free movement + proportionality (suitability + no less restrictive measure).
Describe the chronology of the ECJ’s role in lawmaking until the 1980s.
The court was the most important lawmaker during a politically troubled time. Known as the golden age of case law.
What characterized the period from the end of the 1980s until the 2000s?
A political need to achieve the internal market, marking the golden age of legislative instruments.
We talk about the polycrisis: succeeding crisis stacking up therefore the EU is always in a kind of reactionary mode just responding to different crisis’. Little time ot reflect on every crisis.
What is total harmonization? When often used?
No derogation from EU standards is permitted; member states have limited discretionary powers.
Often used when setting product standards.
What is minimum harmonization?
Concerned with minimum standards, can be explicitly mentioned or implicit in the legislative wording.
The legal basis must explicitly permit minimum harmonization.
What is optional harmonization?
Manufacturers may choose to comply with EU or national standards, but if the product coross the border it must comply.
This keeps some diversity in the internal market, however larger firms can still benefit from universal rules.
What is partial harmonization?
EU standards apply only to cross-border transactions, with some aspects not regulated.
no freedom of choice
so some aspects are not regulated while others are. The regulated aspects are binding in their entirety while the non regulating aspects are not.
