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Law Book 1 > The Principal EU Institutions (Chapter 9) > Flashcards

The Principal EU Institutions (Chapter 9) Flashcards

1
Q

What was the main aim of the Treaty of Lisbon?

A

To modernize the institutions that run the EU’s business and make them more democratic

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2
Q

What position was created with the Treaty of Lisbon to promote EU action on the international scene and to better defend its interests and values abroad?

A

High Representative for Foreign and Security Policy / Vice-President of the Commission

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3
Q

Who heads the European Council and for how long can they be elected?

A

President of the European Council
Elected for 2.5 years, can be re-elected once

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4
Q

Who elects the President of the Commission?
Who elects the President of the European Council?

A

The President of the Commission is elected by the European Parliament, on proposal of the European Council
The President of the European Council is elected by the European Council

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5
Q

What are the 7 main institutions of the EU?
What are 3 other important institutions?

A

European Parliament
European Council
Council of the EU (Council of Ministers)
European Commission
Court of Justice of the EU
Court of Auditors
European Central Bank

Committee of Regions
European Economic and Social Committee
European Investment Bank

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6
Q

How often are elections for the European Parliament held?

A

All 5 years

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7
Q

How large is the European Parliament?

A

705 members

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8
Q

How many member states does the EU Have?

A

27

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9
Q

How many political blocks does the European Parliament have?

A

7

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10
Q

The European Parliament has three main roles, which?

A
  1. Passing European Laws (jointly with the Council of Ministers)
  2. Exercising democratic supervision over the EU institutions and in particular the commission
  3. Power of the purse - EP shares with Council of Ministers authority over EU budget and can therefore influence spending
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11
Q

How can the EP influence spending?

A

At the end of the budget procedure, it can adopt or reject the budget. The Treaty of Lisbon has given the EP a bigger role in approving the EU’s budget.

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12
Q

What is called co-decision in regard to the EP?

A

It means the sharing of power between the EP and the Council of Ministers

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13
Q

What are the three affairs that are not decided by simple majority in the EP?

A

1) International treaties
2) Second vote in co-decisions
3) Budgetary votes (absolute majority)

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14
Q

What power does the EP have over the European Commission?

A

It can call for a motion of censure - forcing the EC to resign collectively.
It requires one tenth of component MEPs to be submitted to the Head of the EC and two thirds of the component MEPs to get it passed by vote.

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15
Q

Which treaty created the European Council?
What else in relation to the Council did the treaty create?

A

Treaty of Lisbon
The President of the European Council

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16
Q

Who are members of the European Council?

A

Prime Ministers and Presidents of EU countries
The President of the European Council
The President of the European Commission

However, only the Prime Ministers and Presidents of EU Countries can vote

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17
Q

What is the requirement for the President of the European Council?

A

Cannot be a Prime Minister or President of an EU country

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18
Q

What does it take for the European Council to reach a decision?

A

Consensus

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19
Q

Are all EU members represented in the European Council and the Council of the EU?

A

Yes

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20
Q

What is the difference between the European Council and the Council of the EU in terms of power?

A

In terms of power, the European Council has a higher level of authority compared to the Council of the EU.

The European Council sets the strategic priorities and general political direction of the European Union. The European Council has the power to make decisions on major policy issues, such as the EU’s response to crises and the negotiation of international agreements.

On the other hand, the Council of the EU is responsible for adopting legislation and coordinating policies among the EU member states. It is composed of the ministers of the member states, who are responsible for specific policy areas, such as foreign affairs, finance, or agriculture. The Council of the EU shares legislative and budgetary power with the European Parliament, and its decisions are subject to approval by the Parliament in most areas.

In summary, while the Council of the EU has an important role in adopting EU legislation and coordinating policies, the European Council holds more political power and can set the general direction of the EU.

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21
Q

Which three voting systems exist in the Council of the EU?
Which of them are more often used?

A

Simple majority voting
Qualified majority voting (more often since the introduction of the Treaty of Lisbon)
Unanimous voting

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22
Q

What two qualified majority voting systems exist at the Council of the EU?
What determines which track the voting has to follow?

A

Track 1 (both conditions need to be fulfilled).
a) 55% of members must vote in favor (15 out of 27)
b) These members must represent 65% of the EU population of those Member States in favor

Track 2 (both conditions need to be fulfilled).
a) 72% of members must vote in favor (20 out of 27)
b) These members must represent 72% of the EU population of those Member States in favor

Track 1 only applies when the Council of the EU acts on a proposal from the Commission or the High Representative

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23
Q

In the Council of the EU, what are blocking minorities?

A

In the context of the Council of the European Union, a blocking minority is a group of member states that, under certain circumstances, can prevent a decision from being adopted by the Council.

In the Council, decisions are usually made by a qualified majority, which means that a proposal needs the support of at least 55% of the member states, representing at least 65% of the total EU population. However, in some cases, a decision may require the unanimity of all member states, such as in matters related to taxation or foreign policy.

A blocking minority arises when a sufficient number of member states oppose a proposal that requires unanimity, preventing it from being adopted. According to the rules of the Council, a blocking minority must include at least 4 member states, and those states must together represent at least 35% of the EU population.

Blocking minorities are designed to ensure that decisions cannot be imposed on member states against their will, and to encourage negotiation and compromise between member states.

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24
Q

What are areas in the Council of the EU where unanimous approval is required?

A

Foreign policy
Defence
Judicial and police cooperation
Taxation

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25
Q

What legal source defines in which cases simple majority, qualified majority or unanimity are required?

A

Treaties

26
Q

Which key responsibilities does the Council of the EU have?
Which of these have previously been attributed to the first, second and third pillars of the EU?

A

1) to pass European laws - jointly with the European Parliament in many policy areas
2) to coordinate the broad economic policies of the Member States
3) to conclude international agreements between the EU and other countries or international organisations
4) to approve the EU’s budget, jointly with the European Parliament
5) to develop the EU’s Common Foreign and Security Policy (CFSP) based on guidelines set by the European Council
6) to coordinate cooperation between the national courts and police forces in criminal matters

First: 1-4
Second: 5-6

27
Q

What are the three pillars of the EU?

A

The European Union (EU) used to be structured around three “pillars,” which represented different areas of cooperation among member states. However, with the entry into force of the Lisbon Treaty in 2009, the pillar structure was replaced by a single legal framework for the EU. Nevertheless, it can still be useful to understand the previous structure of the EU as it shaped many of the policies and institutions that exist today.

The three pillars of the EU were:

The European Communities (EC): This pillar included the original founding members of the EU and was focused on economic and social cooperation. The EC dealt with policies such as the Common Agricultural Policy (CAP), the Common Commercial Policy (CCP), and the Single Market.

Common Foreign and Security Policy (CFSP): This pillar dealt with foreign policy and security issues such as defense and military cooperation. The CFSP aimed to promote the EU’s role as a global player and to coordinate member states’ foreign policies.

Justice and Home Affairs (JHA): This pillar focused on cooperation in the areas of justice, law enforcement, and immigration. The JHA aimed to promote cooperation in fighting crime and terrorism and to manage migration and asylum policies.

28
Q

Although the Lisbon Treaty abolished the three-pillar structure of the EU, many of the policies and institutions that were developed under the old structure continue to exist under the new framework. Give two examples.

A

For example, the Common Agricultural Policy is still in place, and the European Parliament and European Commission continue to play a significant role in shaping EU policies.

29
Q

What influence did the Lisbon Treaty have on the Foreign Affairs Council?

A

It is now headed by the High Representative for Foreign and Security Policy / Vice-President of the Commission

30
Q

Who is the head of the Council of EU?

A

It rotates every six month. It’s one of the members (different from the European Council).

31
Q

What is the job of the High Representative for Foreign and Security Policy / Vice-President of the Commission?

A

Making proposals
Carrying out foreign policy on behalf of the Council of Ministers
Representing the EU’s positions internationally

32
Q

What is the executive body of the EU?

A

European Commission

33
Q

Whom is the European Commission accountable to?

A

European Parliament

34
Q

Which specific power does only the European Commission have?

A

It is the only EU institution that can initiate proposals for legislation

35
Q

Which actions does the European Commission take related to the European Parliament?

A

The Commission attends all the sessions of the Parliament, where it must clarify and justify its policies.
It also replies, on a regular basis, to written and oral questions posed by MEP.

36
Q

What are Commissioners?

A

Members of the European Commission

37
Q

What are the four main roles of the European Commission?

A

1) Propose legislation to Parliament and the Council
2) Manage and implement EU policies and the budget
3) Enforce European law (jointly with the Court of Justice)
4) To represent the EU on the international stage; for example when negotiating agreements between the EU and other countries

38
Q

With which voting system does the European Commission make its decisions?

A

Simple majority (at least 14 out of 27 members)

39
Q

What is the so-called written procedure in the European Commission?

A

Draft proposals go through unless objections are raised by any Commissioner within a set time frame, the proposal is adopted without further discussion.

40
Q

In what frequency is the European Commission appointed?

A

Every five years.

41
Q

The European Court of Justice was set up under which treaty? When?
Where is it located?
What two parts does it contain?

A

European Coal and Steel Community (ECSC) Treaty 1952
Luxembourg
1) European Court of Justice
2) General Court

42
Q

What dispute powers does the European Court of Justice have?

A

It can settle disputes between EU Member States, EU institutions, businesses and individuals.

43
Q

How many judges does the European Court of Justice have?
How about the General Court?

A

27, 1 per country
54, 2 per country

44
Q

What is the size of the court chambers (usually) in the European Court of Justice?

A

Grand Chamber: 15 judges
Chambers of 5 or 3 judges

45
Q

Are dissenting opinions publicly recorded in the European Court of Justice?

A

No

46
Q

Are dissenting opinions publicly recorded in UK courts?

A

In the UK, dissenting opinions of judges are not typically recorded in the formal judgment of a case. The final judgment of a case represents the decision of the majority of judges and is the only publicly available opinion.

However, it is not uncommon for dissenting opinions to be written by judges in some cases, particularly in the higher courts, and these opinions can be published separately or made available to the parties involved in the case. Additionally, in some cases, a judge may choose to read out their dissenting opinion in court when the judgment is handed down.

It is worth noting that while dissenting opinions are not formally recorded in the final judgment of a case, they can still be influential in shaping future legal developments and may be referred to in subsequent cases.

47
Q

Besides judges, what other positions does the European Court of Justice have?

A

Advocates-general

48
Q

What is the role of advocates-general in the European Court of Justice?

A

They present reasoned opinions on cases brought before the Court of Justice. They must do so publicly and impartially.

49
Q

What is the term of a judge in the Court of Justice?

A

6 years

50
Q

How as the General Court called before the Treaty of Lisbon?

A

Court of First Instance

51
Q

Does the General Court have Advocates-General?

A

No, in exceptional circumstances, judges may carry out that role.

52
Q

How large are the chambers of the General Court?

A

5 or 3
In some cases even 1 or 15 (Grand Chamber) if complexity demands it

53
Q

Based on what grounds can appeals be made from the General Court to the EU Court of Justice?

A

1) Lack of competence of General Court
2) Breach of procedure that adversely affects the interests of the appellant
3) Infringement of EU Law by the General Court

54
Q

Leave is not required to appeal to the EU Court of Justice. What does that mean?

A

So, the statement “leave is not required to appeal to the EU Court of Justice” means that permission or authorization is not necessary to make an appeal to the court.

55
Q

How long do parties have time to appeal to the EU Court of Justice?

A

2 months.

56
Q

What are the five most common case types that are brought before the EU Court of Justice?

A
  1. References for a preliminary ruling
  2. Actions for failure to fulfill an obligation
  3. Actions for annulment
  4. Actions for failure to act
  5. Actions for damages
57
Q

Among the most common case types treated by the EU Court of Justice are references for a preliminary ruling. What does that mean?

A

References for a preliminary ruling are a type of case in which a national court of an EU member state asks the EU Court of Justice for guidance on the interpretation or application of EU law. This can happen when a case is being heard in the national court, and the outcome depends on the interpretation of EU law. The national court can then refer the case to the EU Court of Justice for a preliminary ruling on the relevant points of EU law. The EU Court’s ruling is not binding on the national court, but it must take it into account when making its final decision.

58
Q

Among the most common case types treated by the EU Court of Justice are Actions for failure to act. What does that mean?

A

“Actions for failure to act” is a type of legal action that can be brought before the EU Court of Justice. It refers to situations where an EU institution or member state has failed to act in accordance with EU law or has failed to take the necessary steps to implement EU law. This can include situations where an institution or member state has failed to meet its obligations under EU law or has failed to act within the required time frame. The Court can then take action to enforce compliance with EU law.

59
Q

What are the two main tasks of the European Central Bank?

A

1) Keep the prices stable (keep inflation under control), especially in countries that use the Euro
2) Keep the financial system stable, by making sure financial markets and institutions are properly supervised

60
Q

What is the primary function of the Court of Auditors?

A

Examine the accounts of the EU institutions and report to the Council and Parliament with its annual report.

Law Book 1 (12 decks)

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