Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
28 Cards in this Set
- Front
- Back
|
European Coal and Steel Community (1951) |
Treaty signed between Belgium, France, Italy, Luxembourg, the Netherlands and West Germany institutional structure consists of Council of Ministers; b) Assembly c)High Authority; d) Court of justice |
|
|
Theoretical Foundations of ECSC (1951) |
Functionalism:1950s-positive prevention of war by getting states to cooperate in economic ventures 2.Neo-functionalism:late 1950s [Haas]- starts from economic/technical sectors cooperation, but spills over to political sectors leading to a reduction of national govts' powers. |
|
|
Integration theories Liberal Intergovenrmentalism |
Liberal Intergovernmentalism:i 1980s: states are key actors, not supranational institutions 4. Beyond supranational-intergovernmentalism dichotomy: late 1980's look at EU as an entire system of multi-level/network governance. Consider range of institutions: sub-national, infra-national, public & private entities. |
|
|
Treaty of Rome[1957] |
Founding instrument of the EEC; creates institutional structure and defines key policy areas; has been amended by subsequent agreements; amended versions of the original Treaty of Rome are known as 'consolidated' versions. |
|
|
Merger Treaty 1967 |
Merged the ECSC, EURATOM, EEC into one – the European Communities |
|
|
Single European Act 1986 |
Enhances the EP’s power in the legislative process, ● Aiming to establish a single internal market, eliminated trade barriers● Introduced qualified-majority voting ● Added new substantive areas of Community competence. creatd 'cooperation' procedure. |
|
|
Weiler |
thought the changes were significant and good - increased efficiency in legislation, helped Commission achieve the political role that the Treaty of Rome had intended for it to have and kick-off fulfilment of Community’s economic objectives |
|
|
Maastricht Treaty 1992 (TEU) |
● Established EU citizenship giving rights of residence et al ● Extend the Union competence in social policy. ● Committed the Union to democracy, liberty and the rule of law ● Gave the European Parliament a veto of legislation and appointment of com● Set out the timetable for Economic and Monetary Union (the Euro) ● Introduced the notion of subsidiarity. Established 3 pillar structure. |
|
|
Curtin substantive treaty! not just ammendments. |
thought structure detrimental to the Community’s coherence and cohesiveness, but it also allowed for flexibility to accommodate inevitable differences. |
|
|
Amsterdam Treaty 1997
Consolidated rather than extended |
+Eliminated cooperation-shift to co-decision strengthening role of EP +introduced Euro in 11 ms.+Respect for HR, democracy and rule of law became justiciable. If persistent breach, Council could suspend MS’ rights under Treaty +Much of 3rd pillar, incorporate into Ec Treat 1st pillar. +Common provisions, were rewritten/added to, according to principle of openness. |
|
|
Nice Treaty [2000] |
+Follow up on Amsterdam Treaty’s failure to bring institutional changes for enlargement +Laeken Declaration:1.elimination of competences- some Ms's felt EU was taking over2.Simplifying treaties 4. Role of national parl +Wider use of QMV, In Council of minister |
|
|
Constitutional Treaty (2001) |
Laeken Council meeting- states realised 4 issues left from Nice would be too restrictive - need to rethink fundamentals of EU. +Failed referenda ceased plans for treaty +1. use of constitutional language mad it feel like a super state, which was unpopular. + |
|
|
Lisbon Treaty [2007] |
+Single legal personality +De pillarisation +No more EC only EU left- supranational law now general rule. +EC treaty now TFEU +Substantively similar to Constitutional treaty |
|
|
Separation of Powers |
Legislative: Parliament, Council Executive: Ecouncil, Commission, Council Judicial: Court of justice, commission External: European Coucil, Parl Financial: Central Bank, Investment Bank |
|
|
Democracy |
Art 10 TEU- Representative democracy ++Citizens directly represented ++MS represented Art 11 TEU: Participatory democracy ++Open, transparent & regular dialogue ++Opportunity to make views known |
|
|
Institutions
Commission
|
~Aim: Expresses EU interest. Represents EU. ~Composition: Pres nominated by QMV(subject to approval by EP), 28 reps of MS(Art17 (7)) - Art 17(1)- Functions: -Legislative: formulates policy and leg proposals ~Executive: implement EU policies, ERASMUS ~Admin: Manages & implements budgets |
|
|
Institutions
European Council (art 15 TEU) |
Role: Discuss general direction of Union, impetus for reform & clsr cooperation. seperate institution since Lisbon. ~Presidency for 2 yrs 1/2 by QMV (Art 15(5)TEU) ~Decision by consensus under Art 15(4) TEU ~Meetings: 4x a yr, & report to EP annually(15(3
|
|
|
Institutions
Council of ministers |
~Legislative: Veto power in every piece of EU leg + art 241 TEU request of com to undertake studies. ~Budgetary Functions (Art 16 TEU) ~Carries out policy-making & coordinating ~Representative ministers of MS (Art 16 (2) TEU ~Concludes Intl agreements ~Assisted by COREPER (Art 16(7) TEU & 240 TFEU |
|
|
Institutions
Council (of Ministers) |
Voting ~Unanimity ~Simple Majority Voting ~Qualified Majority Voting ++Introduce concepts of democracy & efficiency of law-making ++According to 16(3) TEU: QMV is the rule ++28 MS: 352 votes & QMV 260 votes
|
|
|
Institutions
European Parliament |
Composition- 751 mmbrs (pres) art 14 Legislative- Right to initiative 225(2)TFU, Legislative process 12tfeu Executive- appointment/censure/removal or commission. Question to council & commission. Right to litigate- if another institution fails to act 265TFEU- To protect its own powers.
|
|
|
Institutions
Court of Justice of European Union(Art 19 TEU and 251-281 TFEU) |
~Function: "Shall ensure that in the interpretation and application of the Treaties the law is observed" (Art 19 (1) TEU) ~28 Judges, one for each ms, assisted by 9 advocates general (252 TFEU) -Written proceedings->Investigation & preparatory work -> Oral proceedings including opinion of the advocate General-> Judgement. |
|
|
Institutions
Court of Justice- Roles |
~Constitutional court: considers powers/relations of institutions & MS. ~ Administrative court: judicial review of acts of institutions ~Appeals court:from cases before the General Court ~Advisory court: on request for a preliminary ruling from a national court or when requested to provide an opinion ~Enforcement court: imposition of fines in certain instances. |
|
|
Institutions
General Court |
Composition: 28 Judges, judges can also act as General Advocate if necessary ~Jurisdiction similar to court of Justice ~Appeals can be made to COJ |
|
|
Institutions
An activist Court
Concerns raised |
~Creation of new concepts direct effect (Van Gend en Loos [1964] Supremacy(Costa v Enel[1964] ~Creation of new liabilities State liability (Francovich [1991] ~Creation of new powers Powers of EU to negotiate, sing and ratify intl treaties in the fields in which it has competence internally. ~Protection of EU Requirements for EU liability were intially more difficult to fulfil than the requirements for State liability. |
|
|
Institution
An activist court
Methods used |
~Interpretation methods ~Teleological interpretation: aim purpose of the EU (wide interpretation of some words & concepts) ~Practical effectiveness(effet utile) of measure would be greater if individuals were entitled to invoke it before the national courts. |
|
|
Institution
An activist Court
Methods used |
~Use of the doctrine of implied powers to increase the powers of the EU-Federation Charbonniere[1954] ~~Internal sphere- Gemany & Others v Commission[1987] ~~In respect of external competences of EU-Commission for Ec v Council of EC [1971] |
|
|
Institution
An activist Court
Methods used |
~Use of general principles (e.g. human rights) +based on constitutional traditions +Now incorporated in Art 6 TEU ~Policy considerations; +Strengthening the union +Enlarging powers of Union institutions(e.g. "when deemed necessary" to enforce EU law)les verts [1986] |
|
|
CJEU is not the sole guardianof the application and implementation of European Union law |
1. Commission: through enforcement actions (Articles 258-260 TFEU) 2. National courts: based on the principle of cooperation between the Member States and the European Union (Article 4(3) TEU) ~CJEU has to rely on national courts to apply EU law ~Refer questions on EU law to the CJEU (preliminary rulings: Article 267 TFEU) “on the interpretation of Union law or the validity of acts adopted by the institutions” (Article 19 TEU)
|
