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Question

executive function

Answer 1

Commission shall take legal action with infringement procedure against those who don't comply The commission can implement policies on legally binding union acts The commission shall propose a budget to be approved In certain instances, the European Commission is granted executive acts where the treaties allow it ,such as Article 24 TEU regarding foreign policy

Answer 2

You know these remember to mention democratic deficit where the eu is criticised for concentrating power, such as article 24 foreign policy authority

Answer 3

The union isn't a state, because the masters of the treaty = member states The power of the union is in the treaties that the masters can modify Whenever the union takes action, it must refer to the treaties that grant it. For example, when the ECB changes monetary policy, it must refer to Article 130, which allows it

Answer 4

exclusive competence: where only the union can act as granted by the treaties, in areas such as trade, monetary policy, anti trust law and customs union shared competences: such as agriculture, transport, energy, immigration, etc. Most competences are shared, and thus, 2 principles apply to understand who takes charge. principle of subsidiarity and principle of preemption parallel supporting competences: culture touris and education where the union has no say but can support

Answer 5

The principle of subsidiarity is when it avoids unnecessary centralization of power to the EU by allowing states and local governments to deal with more local issues, because it is more effective as they are more in tune with those issues. When an issue could be more effectively dealt with by the union, then the union takes charge, such as air pollution that covers several countries.

Answer 6

principle of preemption once the union has regulated a specific issue, meaning applied new secondary law, the member states have to remove their contrasting national law, and aren't allowed to add any new contrasting law. such as food regulations

Answer 7

where the union allowed for different levels of integration to the union, for example, Denmark doesn't have the euro, and the UK didn't have it either.

Answer 8

when the commission drafts a legislative proposal they must refer to the principle of subsidiarity and how they are respecting it. a national parliament can claim that the principle isn't being respected they then have to amend withdraw or maintain the proposal after which the EU Commission and parliament will have to evaluate whether it does or doesn't violate the principle.

Answer 9

implied power doctrine flexibility clause

Answer 10

in 1976 the union didn't have authority to negotiate with states but it was given thee power to take care of transportation, railways were hard to plan with Switzerland as they couldn't technically negotiate with the country so the ECJ was consulted and rued that with granted legal power there are extended implied powers needed to carry out their duties properly and effectively. establishing the principle as case law

Answer 11

Article 352 TEU allowes the union to act outside of their powers with the eu council agrees unanimously and parliament consents by majority, this can only happen in areas in line with EU objectives.

Answer 12

The union must create a fine balance when implementing laws. They must be realistic and in tune with the means of the member states, not drastic change.

Answer 13

The EU must respect and help the states. The member states must help the union pursue its goals. National judges must pledge allegiance to both national law and union law. For example, when the Polish judges sided with the union during the Polish parliamentary push for illiberal laws.

Answer 14

primary law international treaties secondary law law implementing acts/tools

Answer 15

self validation only eu law can validate its own laws with the ECJ exclusivity EU law always takes precedence over international and national laws completeness eu law is complete as it has its own rules and institutions that enforce and validate it. it doesn't require outside involvement because it is complete.

Answer 16

refers to the powers granted to the union by the treaties of the European Union TEU the treaties of the functioning of the European Union TFUE and the EU charter of fundamental rights EUCFR. It is a sort of EU constitution setting all the powers, duties, limits, and principles the union has and must use and uphold.

Answer 17

The proposal can be launched by the commission, parliament, or a member state. The approval is done in the European Council (NOT EU) with a majority vote. a convention where things are discussed Decision of the European Council by unanimous decision ratification signed by every head of gov/state of the European Council This was the ordinary treaty revision procedure There is a special one which is identical, but without the convention

Answer 18

The charter was introduced and implemented in 2009. because national courts initially resisted the primacy of EU law, especially in regards to human rights, leading to the ECJ affirming that human rights were legally binding as primary law. obligating the recognition and promotion of the charter in -EU treaties -European Convention of Human Rights -case law of the EUCJ -national constitutions

Answer 19

Don't Ever Forget Some Core Justice Dignity: forbids degrading acts to human beings equality: no discrimination of any kind Freedoms: freedom of expression Solidarity: workers' rights, healthcare, social security, environmental protection, etc citizens rights: right to vote and run, diplomatic coverage and protection justice: right to a fair trial, presumption of innocence, and principle of double jeopardy where you can't be punished twice for the same act

Answer 20

Akerberg was a Swedish man who had been penalized for underreporting taxes by a Swedish national court. was facing both administrative and criminal trials. He claimed it violated the principle of double jeopardy when appealing to the EUCJ, which ruled that the law was binding even if Sweden didn't recognize it in national law.

Answer 21

the principles of eu law are primary law essentially applying to the entire legal framework and laws of the EU. principle of conferral Principle of subsidiarity principle of preemption principle of proportionality principle of cooperation principle of discrimination principle of transparency

Answer 22

international law is implemented under the consent procedure (which is a special legislative procedure) consisting of the european comission proposing, parliament and, then the eu council has to adopt the act by majority or unanimously depending on the case.

Answer 23

they carry out the principles of primary law outlined in TEU, TFEU, and the EU charter of fundamental rights. there are two kinds of secondary law binding and non binding

Answer 24

regulations directives and decisions

Answer 25

Regulations are binding secondary law in their application meaning they immediately become national laws, because they are general and create uniformity across the union Examples include the general data protection regulation

Answer 26

Directives go through ordinary legislative procedure, and they differ from regulations because they are more specific. They allow the states to transpose their own national laws under the result intended by the directive. Therefore, they are binding in their result, not application, as they are specific and more complex. they are considered both EU and national law example AAD ambient air quality directive

Answer 27

entirely binding to whom it is applied. usually done in ordinary law, but the commission can also and bank in specific scenarios. example The 100 million euro sanction imposed on Facebook for violating privacy rules. forcing them to pay 100million to the eu budget

Answer 28

recommendations, and opinions

Answer 29

recommendations and opinions that can be requested by national governments or bodies to EU institutions, and EU institutions can request them from other EU institutions

Answer 30

The principle of loyal cooperation ensures that secondary laws are applied by national governments as they pledge allegiance

Answer 31

because the union has direct effect and primacy of EU law, which comes to show that the union isn't a simple intergovernmental organization but also a supranational one under certain aspects.

Answer 32

Due to the principle of loyal cooperation, the judges of the national governments are also European Union judges, which means they are bound by the principle of loyal cooperation to execute EUCJ case law. meaning EUCJ law has to be applied by national judges according to primary EU law, which essentially makes case law a de facto primary law.

Answer 33

The principle of direct effect creates a link between the EU and EU citizens. Direct effect is ECJ case law, which is de facto Primary law. Direct effect essentially allows citizens to enact EU law in national courts due to the judges' double allegiance, which is due to the principle of loyal cooperation. This means citizens can directly enact EU law without the need for their government as a mediator. This principle can be applied by individuals against national or EU institutions that they believe have violated EU law.

Answer 34

the case that allowed led the ECJ to put direct effect into case law. Van Gend was a transportation delivery company. imported several goods, including chemicals, from Germany. The Dutch government had decided to implement new tariffs on those goods. The company representative went to the court of Amsterdam, claiming the Dutch government had violated Article 12, the standstill clause of the Treaty of Rome, clearly stated due to the single market union under the EEC, no new trade barriers could be introduced. the court of Amsterdam through the preliminary ruling, brought the case up to the ECJ, which stated that the government was in violation because the EU was a new system that gave new rights to the citizens and that the national governments must protect. a union of not only states but people, granting the right of direct effect on certain articles within the union in this case Article 12 standstill clause.

Answer 35

clear: what its talking about precise: understand who its referring to unconditional: it can be applied immediately regardless of the conditions

Answer 36

when a company or individual implement the law against a national or EU institutions, because in political authority they rank higher than the individual, hence vertical hypothetical 6 month paid paternal leave since birth of child under a public administration if they don't grant it you implement vertical direct effect

Answer 37

When an individual implements the direct effect on another individual or private entity. They are on the same level op political authority, hence horizontal Hypothetical 6-month paid paternal leave since birth of child under private employment, if they don't grant it, you implement vertical horizontal effect

Answer 38

As long as the primary law is clear, precise and unconditional, it can be applied. Examples include Article 30 TFEU standstill clause Any discrimination clause can be referred to

Answer 39

as long as the regulation is clear precise and unconditional they can have both vertical and horizontal effect, depending on who is implementing them on whom

Answer 40

As long as the directive is clear, precise, and unconditional It can only be vertical because it would be an individual enacting it against its government for failing to comply with the directive deadline and requirements.

Answer 41

Article 288 TFEU Regulations shall be general binding in their entirety and hence directly applicable

Answer 42

The primacy of EU law is stated in the ECJ case law, which is de facto primary law. It is a principle that states that EU law prevails over conflicting national law. It always prevails against any form of national constitutional law. The ECJ is the only institution that can interpret the law, meaning that EU law ranks above all national laws.

Answer 43

this was the landamrk case that had the ECJ establish the principle of Primacy of EU law under Case law in 1962, Italy passed legislation to monopolize electricity distribution through ENEL. A lawyer refused to pay his bills, and when tried by the court of Milan, claimed that the government violated the Treaty of Rome, ignoring the provisions that banned monopolization. The court of Milan brought it up to the constitutional court of Italy, which deemed the 2 laws to be of the same level of hierarchy. stating that when 2 laws have the same authority, the newer one prevails, deeming the monopolization legitimate. The case, however, was then referred to the ECJ, which claimed that the union was a new one and that its law prevailed over national law. claiming that if it didn't, then every nation could implement its contradicting laws, weakening the union

Answer 44

These clauses work on the fact that the eu treaties are agreed upon under national law and have to respect the basic constitutional structures of the member states, even if they have primacy. So some states use this condition to put in their counter limits.

Answer 45

The first adaptation of a limit where Italy recognized the primacy of the EU under Article 11 with a clause stating that primacy applies as long as it wouldn't prevail over fundamental rights and principles of the Italian constitution.

Answer 46

Solange as long as, doctrine. stating that EU law would prevail as long as it protected fundamental rights equal to those in german law.

Answer 47

Applied after the Maastricht treaty, stating EU law applies as long as it doesn't overstep its treaties. which is already outlined within the eu treaties, but germany added this condition because it would allow the national constitutional court to have this power

Answer 48

in response to the lisbon treaty. germans claimed that primacy applies as long as it doesn't violate german identity, which doesn't only include the culture, language, and statehood, but also fiscal policy, defense, police, and criminal justice. Emphasizing that germany is a sovereign state. and that for the EU to become a federation, Germany would have to draft a new constitution.

Answer 49

In 2020, the German constitutional court enacted the ultra vires review, stating that the excessive borrowing of the ECB was in violation of EU treaties. and would block the german central bank, giving the ECB 3 months to respond The ECB ignored their request, stating they only answered to the ECJ. Ursula von der Leyen then launched an infringement procedure against Germany for violating EU primacy. The German court backed off and didn't block the German central bank

Answer 50

national courts often view national and eu law as two distinct things the eu views it as national law that prevails other national law

Answer 51

it is the result of decades long attempts of coordinated military organization within the union. officially created in 2009 lisbon treaty. it coordinates the various military apparatuses of the EU. it is led by the council of the EU and is thus intergovernmental and not supernational. decisions have to be unanimous between the ministers. The head of the CSDP is the High Representative of CFSP common foreign security policy. and the CDSP is a component of the CFSP

Answer 52

refers to the overall approach of the eu towards foreign affairs. to all the tools and instruments used by the Union regarding Foreign Affairs

Answer 53

the EU council takes a position based on the interests set by the european council from the HR or member states proposal. if the stance is clear then the eu council adopts sanctions unanimously. note also articles 222 TFEU solidarity clause terrorist attack help each other article 42 TEU collective defence clause if an EU state is under attack, the other member states must aid

Answer 54

article 42 TEU COllecvtive defense clause allows any willing member states to initiate their own collective defence. was not successful to vague and not directed firmly and concretely

Answer 55

boosting military geopolitical presence by enhancing eu military. this treaty was immediately signed after the russian invasion as the eu snapped out of the permanent peace impression the plan consists of 4 main steps -invest 5000 efficient active deployment force -improve cybersecurity against cyber and space threats -invest in military development -work closely with like minded partners

Answer 56

it is a strategic roadmap to rearm europe. initiated and approved due to increasing global instability wars, and need to rely less on the U.S

Answer 57

objectives -support ukraine -strengthen deterrence capabilities of EU states -boost eu defence Industry -aggregate military procurement (SAFE protocal) -improve EU military coordination

Answer 58

they are the essential military areas to be invested in -air and missle defence systems -artillery and heavy weapons -ammunition and missle stockpile -drones and autonomous military systems -military logistics and mobility infrastructure -cybersecurity software to defend from cyber -strategic infrastructure protection systems. Securing critical infrastructure from enemy sabotage. such as transport networks, communication systems, and power grids.

Answer 59

there is a 800 billion estimate investment over the next 4 years 150 from eu budget 2 billion from European investment bank 648 billion from EU member states. the commission proposed and the council allowed a general escape clause The general escape clause has to do with the debt rules in place that state a country with over 60% of its GDP in debt isn't allowed to increase it. An exemption was made by this escape clause, allowing each member state over 60% to add 1.5% over the next 4 years to pool their money for the investment project through European bonds with low interest rates.

Answer 60

The Council of the EU will be in charge of coorporately investing the military funds of the states. meaning the eu council will take all the funds in coordinated blocks to make the purchase and distribution cheaper overall and more coordinated.

Answer 61

The armies to be coordinated properly and to approve new elements under this plan require the same vote of unanimity. which is a crucial weakness In 2008, the eurlex mission failure is a prime example as to why. The army was designated to help Kosovo, but it failed when Kosovo claimed independence. because the vote wasn't reached as Spain couldn't recognize it as anything more than a province due to their Catalonia problems.

Answer 62

TEU article 1 TEU Ever Closer Union Article 2 Values of the EU derfd. Dignity: No degradation of individuals equality: no discrimination rule of law: everyone, including government, is under the law freedom of expression democracy: democratic representative system article 3: objectives of the union 3.2 Freedom, justice, security 3.3 Internal market 3.4 Common currency and market 3.5 Uphold the values of the union in international affairs 7: If there is a violation of EU values in Article 2, the EU states can take action 42 collective defence 48 treaties may be amended with ordinary revision procedure TFEU 30 standstill clause 222 solidarity clause assistance after a terrorist attack 352 flexibility clause

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