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Law Second Year > EU Law - Intro to EU Integration > Flashcards

EU Law - Intro to EU Integration Flashcards

1
Q

What was the EU first called?

A

European Political Community

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2
Q

What was the primary aim of the EPC?

A

Economic organisation

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3
Q

What criteria requires prospective members of the EPC to meet certain standards?

A

Copenhagen Criteria

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4
Q

According to the UK, is the EU more of a supranational or intergovernmental body?

A

Intergovernmental

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5
Q

How many Treaties form the Constitution of the EU?

A

Seven

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6
Q

What three Treaties make up the European Communities?

A

Treaty establishing a Coal and Steel Community, T establishing the European Economic Community and Treaty establishing the Atomic Energy Community (ECSC, EEC and EURATOM)

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7
Q

What did the EEC Treaty of Rome become after the Maastricht Treaty?

A

EC Treaty

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8
Q

What Treaty now governs the European Communities?

A

Treaty of Rome

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9
Q

Which Treaty allowed cooperation of states on security and defence and cooperation on police matters and immigration?

A

Treaty of Maastricht, TEU 1992

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10
Q

When was the Treaty of Maastricht?

A

1992

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11
Q

What did the Treaty of Maastricht allow?

A

Cooperation of states on security and defence, and cooperation on police matters and immigration

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12
Q

What structure did the Treaty of Maastricht introduce?

A

Three Pillar Structure

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13
Q

What is the 3 Pillar Structure?

A

EU can act both as the EC (on matters relating to common market) AND in more areas too.

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14
Q

What is Pillar 1?

A

European Communities

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15
Q

Which pillar of the 3 Pillar Structure displays supranationalism of EU?

A

Pillar 1

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16
Q

What is Pillar 2?

A

Common Foreign and Security Policy

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17
Q

Which Article in Treaty of Maastricht governs Pillar 1?

A

Article 1

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18
Q

Which Article in Treaty of Maastricht governs Pillar 2?

A

Articles 11-28

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19
Q

Which Articles in Treaty of Maastricht govern Pillar 3?

A

Articles 29-42

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20
Q

What is Pillar 3?

A

Cooperation in the field of Justice and Home Affairs (now Judicial Cooperation in Criminal Matters)

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21
Q

What are Pillars 2 and 3 examples of in regard to control of EU?

A

Intergovernmentalism

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22
Q

What two Articles of the Treaty of Maastricht show Pillars 2 and 3 are essentially intergovernmental?

A

Articles 4 and 46

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23
Q

Article 4 Treaty of Maastricht

A

EU P has no legislative competence

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24
Q

Article 46 Treaty of Maastricht

A

No powers to interpret or ensure compliance

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25
Q

Name three amendments to Treaty of Rome (EC) by TEU

A

Citizenship for EU nationals, new legal base for social policy and economic and monetary union

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26
Q

Name one amendment to Treaty of Rome by TEU that UK opted out of until 1997

A

New legal base for social policy

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27
Q

When did the UK opt in for new legal base for social policy under Treaty of Rome?

A

1997

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28
Q

What two countries opted out of the economic and monetary union in the EU?

A

Denmark and UK

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29
Q

When was the Treaty of Amsterdam?

A

1997 (1999)

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30
Q

What did the Treaty of Amsterdam add to Pillar 1?

A

Title of employment

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31
Q

What Treaty incorporated the Social Chapter which previously only applied to 14 members?

A

Treaty of Amsterdam

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32
Q

What was the effect of incorporating the Social Chapter into the Treaty of Amsterdam?

A

Strengthened provisions by giving legislative power for action against discrimination

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33
Q

Which Treaty added to the list of civil rights?

A

Treaty of Amsterdam

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34
Q

Which Treaty clarified the link between national and European citizenship?

A

Treaty of Amsterdam

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35
Q

Which Treaty established a new section on freedom, security and justice, renaming Pillar 3 to reflect what remained?

A

Treaty of Amsterdam

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36
Q

What was the effect of the Treaty of Amsterdam on the Pillar structure?

A

Subjected a large part of cooperation in the area of justice and home affairs to Community rules

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37
Q

When was the Treaty of Nice?

A

2000 (2003)

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38
Q

Why was the Treaty of Nice introduced?

A

To balance votes - most turbulent rectification period

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39
Q

Which Treaty replaced veto with majority voting in 29 new areas?

A

Treaty of Nice

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40
Q

What effect did British pressure have on Articles 17 and 27a, Treaty of Nice?

A

NATO continued to be the bedrock of western security

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41
Q

What do Articles 17 and 27a of the Treaty of Nice show?

A

Nato continues to be the bedrock of western securit

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42
Q

What two countries rejected a Constitution for Europe in referendums?

A

France and Holland

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43
Q

When was the Treaty of Lisbon?

A

2007 (2009)

44
Q

What was the main objective of the Treay of Lisbon

A

Make EU more democratic, ensure efficient functioning, enhance integration, meet high standards of accountability, openness, transparency and participation

45
Q

Examples of deconstitutionalisation in Treaty of Lisbon

A

Removing flag, primacy clause of Charter

46
Q

What effect did the Treaty of Lisbon have on the pillar structure?

A

EU became based on TEU and TFEU, with TFEU absorbing Pillar 3 - single legal and political framework

47
Q

What two organisations became independent after the Treaty of Lisbon?

A

EURATOM and CFSP (Pillar 2)

48
Q

What framework came out of the Treaty of Lisbon?

A

Single legal and political framework

49
Q

What two Treaties renumbered the clauses?

A

Treaty of Amsterdam and Treay of Lisbon

50
Q

What treaty introduced a single personlaity, abolishing the distinction between EC and EU?

A

Treaty of Lisbon

51
Q

Which Article Treaty of Lisbon involved the EU replacing and succeeding the EC

A

Article 1(3)

52
Q

Article 1(3) Treaty of Lisbon

A

EU replaces and succeeds the EC

53
Q

What is the EU founded on under Treaty of Lisbon?

A

LTEU and TFEU

54
Q

Article 50 Treaty of Lisbon

A

Exit clause suggesting a Member COULD exit the EU

55
Q

What effect did the Eurozone crisis have on the EU?

A

Led to a Treaty disciplining any Eurozone state with big deficits

56
Q

What is the basic view in regard to legislative competence of the EU?

A

No general or inherent legislative competence

57
Q

Article 5 TEU

A

Principle of conferral

58
Q

What is the Principle of Conferral under Article 5 TEU?

A

Need express authoridation in a Treaty for EU to legislate, and even then it is subject to the principle of subsidiarity

59
Q

What three types of competence are there under the EU?

A

Exclusive, shared and competence to support, coordinate and supplement national policies

60
Q

Article 2(1) TFEU

A

Exclusive competence

61
Q

Article 2(2) TFEU

A

Shared competence

62
Q

Article 2(3) TFEU

A

Competence to coordinate, support and supplement national policies

63
Q

What Article of TFEU covers TYPES of competences of EU?

A

Article 2

64
Q

What additional competence was made into a separate category in EU to avoid concerns over pre-emption and too weak in the third category of competence based on national policies?

A

Competence in relation to economic, employment and social policy

65
Q

What Article TFEU covers the exclusive competences of the EU

A

Article 3

66
Q

What Article TFEU covers shared competences of EU

A

Article 4

67
Q

What Article TFEU gives competences to support, coordinate and supplement national policies?

A

Article 6

68
Q

What Treaty governs the competence areas of the EU?

A

TFEU

69
Q

What Article and Treaty covers the principle of subsidiarity?

A

Article 5(3) TEU

70
Q

Article 5(3) TEU

A

Principle of subsidiarity

71
Q

What is the principle of subsidiarity?

A

Legislative power can only be used if objective ‘would be better achieved at Union level’

72
Q

What does the principle of subsidiarity mean for national Parliaments?

A

Proposals will be sent to them to comment on any possible grounds of violation of subsidiarity principle

73
Q

What is the practical reality of the principle of subsidiarity and the intervention of national Ps?

A

CJEU has never struck down a measure on the grounds of violation of subsidiarity - more political than legal limit

74
Q

Article 6(1) TEU

A

Charter is not incorporatred but has the same legal value as Treaties

75
Q

Which Article in which Treaty states that the Charter is not incorporated but has the same legal value as Treatues?

A

Article 6(1) TEU

76
Q

Which two countries negotiated a Protocol to limit the Charter under Article 6(1) TEU

A

UK and Poland

77
Q

What two provisions are in the Protocol to limit the Charter

A

No court can find law of UK/Poland inconsistent with rights/freedoms/principles, and requires national provision to make rights in Title IV justiciable

78
Q

Article 1(1) Protocol TEU

A

No court can find law of UK/Poland inconsistent with rights/freedoms/principles

79
Q

Article 1(2) Protocol TEU

A

National provision needed to make rights in Title IV Charter justiciable

80
Q

What two problems does Craig give with the Protocol negotiated by UK and Poland in TEU?

A

Politically, UK signd EU Constitution without any such reservations, and LEGALLY Article 1(2) places a substantive limit on solidarity rights

81
Q

Article 6(2) TEU

A

Accession of the EU to the ECHR

82
Q

What Article of the TEU allows for accession of the EU to the ECHR?

A

Article 6(2) TEU

83
Q

Who believed the rejection of the Constitutional Treaty to be ‘damaging’ and ‘politically significant’?

A

Burca

84
Q

What does Burca believe the referendum rejections of the Constitution show?

A

Insufficient degree of ‘double legitimacy’ between national democratic delegation and directly democratic nature of EU P

85
Q

Why is Burca critical of the fast-tracking of the Lisbon Treaty?

A

He believes popular frustration and alienation can only be addressed by democratic participation, not by removing such participation

86
Q

Who highlighted that the Treaty of Lisbon retained the major institutional reforms from the Constitution?

A

Burca

87
Q

Who suggested opposition to new Treaties appears to come primarily from the left?

A

Burca

88
Q

What did Burca suggest is the cause of opposition to new Treaties from the left?

A

Move to the right within the EU

89
Q

Who highlighted the continuing tension between a federalist and functionalist approach in EU?

A

Burca

90
Q

What two approaches did Burca see as struggling against each other?

A

Federalist and functionalist

91
Q

How did Burca criticise the ‘secretive process of drafting and adopting the Lisbon Treaty’?

A

He called it ‘regressive’, ‘low-profile, executive-led intergovernmentalism’

92
Q

Who agreed with Burca that the Treaty of Lisbon essentially involved the adoption of ‘most of the significant changes debated at length in the Convention’?

A

Craig

93
Q

What were the two problems Craig highlighted with the concept of exclusive competence

A

Demarcation problems between areas in Article 3 TEU (exclusive competence areas), and complex case law on whether EU’s external competence is exclusive or parallel with Members

94
Q

Article 2(2) TEU

A

Automatic pre-emption of Members - they can only exercise a power to the extent that the EU has not

95
Q

What two problems did Craig find with Article 2(3) TEU (third area of competence)

A

Boundary issues with shared competence (Article 2(2) TEU) and framed largely in terms of coordination, but EU has peremptory action in certain circumstances nonetheless

96
Q

Name at least two major institutional reforms carried from TECE to TEU

A

Altered power hierarchy (President incumbent for 2 1/2 or 5 years), the Council has joint legislative and budgetary functions with EU P, the Commission has a formally enshrined right of legislative initiative and EU P has power of ‘delegated acts’, co-decision procedure with the Council and extended to new areas

97
Q

What was the altered power hierarchy in TEU, carried over from TECE?

A

President incumbent for 2 1/2 or 5 years

98
Q

What was the effect on the Council in TEU?

A

Joint legislative and budgetary function with EU P

99
Q

What was the effect of the Commission in TEU?

A

Altered size and formally enshrined right of legislative initiative

100
Q

What was the effect on the EU P in TEU?

A

Power of ‘delegated acts’, co-decision procedure with Council and extended to new areas

101
Q

Article 289 TFEU

A

Legislative acts

102
Q

Article 290 TFEU

A

Non-legislative acts of general application

103
Q

Article 291 TFEU

A

Implementing acts

104
Q

How does Craig believe the hierarchy of norms has been maintained at least a bit?

A

Through the distinction between legislative acts, non-legislative acts of general application and implementing acts in TFEU

105
Q

What does Craig believe is the implication of preserving a hierarchy of norms at least in part?

A

Formal distinction between legislative and non-legislative acts (i.e. split by needing or not needing a specific procedure), and Commission hope ex ante and post constraints on delegated acts may lead to Members modifying Comitology oversight mechanisms

106
Q

What does Craig believe the Commission hope will be the result of preserving the hierarchy of norms at least in part?

A

Ex ante and post constraints on delegated acts may lead to Members modifying Comitology oversight mechanisms

Law Second Year (62 decks)

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