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35 Cards in this Set
- Front
- Back
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when was the European Union name suggested?
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Paris Summit 1972
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what is the difference between the EC and the EU?
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the EC is only one pillar, the supranational pillar, whereas EU is an overall framework of the union including three pillars (other two are intergovernmental)
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Declarations
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not legally binding
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Protocols
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specifications of provisions in treaty; define HOW
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what is the second pillar?
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Common Foreign and Security Policy and Common Security and Defense Policy
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what is the third pillar?
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Police and Judicial Cooperation in Criminal Matters
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Which communities does the first pillar involve?
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European Economic Committee and European Atomic Energy Committee
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Which Institutions are included in the first pillar?
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European COmmission
European Parliament European Court of Justice European COurt of Auditors |
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What is the purpose of the second pillar
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union's relations toward third-states and IO and defense identity
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what is the purpose of the third pillar?
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creation of area of freedom, security and justice through development of common action in the fields of police and judicial cooperation
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what are the four characteristics of supranationality?
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1 - primacy
2 - direct effect 3 - autonomy of primacy of community law 4 - financial autonomy |
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what are the three interpretations of supranationality?
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1 - federal interpretation: EC compared with federal state
2 - interpretation by international law: EC = IO 3 - EC's interpretation: 'special'; suis generic order |
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is EC national or international law?
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autonomous legal order, neither
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does the EU have any legal personality?
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NO; only the first pillar, not the roof
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exclusive competences
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EC can pass laws in these areas and states have no right to negotiate
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mixed competence
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no one knows; member states have competence as long as EC doesnt pass anything
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development policy
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EC only helps the member state to reach certain objectives (States competency)
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tasks of the EC
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establish common market
establish common economic and currency union measures to reach these |
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competing competences
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as long as EC doesn't use competences, member state is free to do it
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parallel competences
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community as well as member states have right to make laws, but PRIMACY OF COMMUNITY LAW
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Cassis de Dijon Judgement
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1979: mutual recognition: harmonization of law: mutually recognize systems of judgement
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Enhanced Cooperation or Felxibility
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group of states under certain circumstances and strict criteria can advance in certain areas of the first pillar and the third
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Principle of Specific Conferment of Powers
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enlargement of policy areas must be in treaties; EC needs legal ground for every direction, regulation, etc.
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Article 308
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flexible development of the competences in EC treaty; if necessary for function of common market, council can act
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principles of subsidarity
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laws passed as close to citizens as possible
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protocol 21
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specify criteria for principle of subsidarity
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Costa vs ENEL
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primacy; 1964
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Simmenthal Case
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(1978) member states must refrain from enacting conflicting laws to EC law in future
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Van Gend en Loos case
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1963 Direct effect
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four freedoms of the EU
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1 - capital
2 - services 3 - goods 4 - persons |
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regulation
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binding at EU and national level; no transposition to national law necessary
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directive
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most common; objective but means and method left to states
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decision
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specific to member states or individual; binding
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recommmendation; opinions
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can be addressed to any state or citizen, not binding
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what are the four legal instruments?
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regulation
directive decision recommendation/opinions |
