Unit 4

Question 1

What is the EU

Answer 1

• 28 states
• common laws and policies
• single market which g,s,c,p move freely
• monetary union 18 states
• passport free 22 states

Question 2

Post War challenge

Answer 2

• economic reconstruction of war- Marshall plan
• political peace between Fr and Ger
• economic recovery of Ger
• embedding human rights

Question 3

Treaty of Paris

Answer 3

• 1951
• new form of political and economic integration
• 6 countries signed treaty saying heavy industried (coal and steel) would be placed under common management
• ECSC created common political institutions
• “make war not only unthinkable but materially impossible”

Question 4

Treaty of Rome

Answer 4

• 1958
• created the European Economic Community (EEC)-EU
• 6 countries free movement of g,s,c,p
• establishes common istitutions- European Commission, Council of Ministers, European Parl, European CoJ
• CAP,Common transport policy, European social fund

Question 5

Economic Benefits from four freedoms

Answer 5

welfare gains from:

• specialisation in production of g+s
• to consumers from exchange of g+s
• greater choice
• increased cross border competition

Question 6

Legal Basis of the EU

Answer 6

• Treaty of Rome legally binds members
• legislative process involves both Council and Parliament
• EU law is binding in all member states

Question 7

Single European Act (SEA)

Answer 7

• revision to the Treaty of Rome
• raise growth rates and employment by single market
• amended EU legislative procedure- QMV for council
• aim of single market- companies more competitive

Question 8

Treaty on European Union (TEU)-Maastricht

Answer 8

• revision to EU treaty
• ‘pillar’ structure- European Communities, Common foreign and security policy and justic and home affairs
• concept of EMU
• gives significant legislative power to Parl

Question 9

TEU objectives

Answer 9

• strengthen democratic legitimacy
• establish common foreign and security policy
• establish EMU

Question 10

Amsterdam Treaty: Nice Treaty

Answer 10

• 1999-2003
• under both Parl. gained power as more fields of EU legislative competence- codecision
• 10 new members

Question 11

Treaty of Lisbon

Answer 11

• 2009
• improves decision making process
• strengthens democratic- parl greater stake

Question 12

EMU

Answer 12

• single currency
• single EU central Bank
• UK and Denmark secure legal opt out

Question 13

intergovernmentalism

Answer 13

• general proposition that sovereignty is shared between governments and that decision making rules between governments are established
• decision making may require unanimity or QMV
• in part EU legislative and decision making procedures are intergovernmental- council used QMV to decide most EU legislative proposals

Question 14

supranationalism

Answer 14

• general proposition that sovereignty is re-assigned from national to supranational level
• European Parl. is most regarded as a supranational institution
• members vote along party political lines not on the basis of nationality
• represents citizens of the EU not MS

Question 15

Institutional Framework

Answer 15

Commission- represents interest of EU- implements and drafts legislation
Council- represents interest of MS-main decision maker-approves legislation
Parl-represents interest of citizens-codecision maker with Council
European Council (change with L.T)-roles formalised, fully fledged institution-looks at goals for EU

Question 16

Limited Competences

Answer 16

-limited competences-principle of conferral
Article 3 TEU
“Union shall only act within the limits of competences conferred upon it by the MS in the Treaties”
-importance of legal basis-identifies the procedures that need to be followed

Question 17

proportionality

Answer 17

-interaction with other Treaty objectives

Question 18

Sources of EU law (impact of L.T)

Answer 18

Primary- Treaties

Secondary- measures enacted to give effect to the Treaty objectives

Question 19

Secondary Sources (the past)

Answer 19

• statutes pre Treaty of Lisbon
• Regulation v Directives
• Regulation-capable of being enforced directly by those affected by it eg domestic courts
• Directives-binding on the MS

Question 20

Secondary Sources (today)

Answer 20

• legislative v non legislative acts
• legislative-old codecision
• non legislative- adopted by the commission eg regulations

Question 21

Court of Justice (COJ)

Answer 21

• “Guardian of Treaty”- exclusive power to rule over interpretation of the Treaty and any rule of EU law
• SEA- created court of first instance
• TofNice-judicial panels attached to CFI
• TofL-three tiered jurisdiction

Question 22

composition of COJ

Answer 22

• one judge per M.S
• 8 advocate generals and a registrar
• chambers of 3 or 5 or in a grand chamber of 13

Question 23

Jurisdiction: direct

Answer 23

• actions for annulment of EU acts
• disputes between institutions
• actions between MS states against each other

Question 24

Jurisdiction: indirect

Answer 24

-references made by domestic courts to COJ

Question 25

a question of EU law

Answer 25

- q concerning the validity of a Union act or a q as to the interpretation of EU treaties which does not allow the domestic court to decide the dispute in confidence - Bulmer v Bollinger Lord Denning

Question 26

Bulmer v Bollinger

Answer 26

-Lord Deninng | "a q of law which, if not resolved, prevents the D.C from deciding confidently the case before it"

Question 27

Case law

Answer 27

- no such thing as formal or binding precedent - steadily on the increase - proceedings getting longer - increased docket