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12 Cards in this Set
- Front
- Back
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Treaty on European Union (Maastricht) 1992 |
Art 1: "the high contracting parties establish among themselves a European Union. The Union shall be founded upon the Communities" |
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Three Pillar Structure |
I: European Union (Customs Union, Internal Market, Union of economic and social policies) II: Common Foreign Security Policy III: Cooperation in Justice and Home Affairs |
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Curtin criticisms: |
The picture that emerges is one of fragmentation rather than unity. The Union Treaty does not construct new constitutional entity, it merely brings certain extra-community activities under the general umbrella of European Union |
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TEU amendments to Treaty of Rome |
Social chapter: new legal base for pan-EU social policy Citizenship: right of residence and citizenship of the Union for nationals of the Member States Greater economic and monetary Union Renames EEC to European Community |
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Treaty of Amsterdam 1997 (1999) |
Abolition of frontiers in Europe by harmonizing immigration rules and introducing Shengen Developed the link between EU citizenship and national citizenship Established new section of freedom, security and justice, effectively repealing and replacing third pillar. The immigration chunk previously contained in the third pillar moves to first |
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Treaty of Nice 2000 |
Primary focus of negotiations was re-balancing of votes. Some Member States giving up veto rights in certain areas |
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Treaty of Lisbon 2009 |
Signed in 2007 after the break down of efforts to incorporate a European constitution. De-constitutionalisation: Abandonment of constitutional concept (flag and motto omitted), removal of the term 'constitutional'. Integration of CFR also removed De-pillarisation: abolition of the pillar structure. Ameded Art 1(3) provides that the EU is based on two treates (TEU and TFEU). Special provisions for CFSP. Establishes single personality: no distinction between EC and EU |
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Conferred powers under Art 5 TEU |
(1): "Use of Union competences governed by principles of proportionality and subsidiarity" (2): "Competences not conferred upon the Union in the Treaties remain with the Member States" |
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Exclusive competence |
When Members States completely forfeit their power to produce legislation in favour of EU law-making institutions. Present in areas of external trade regulation under CCP ad monetary policy |
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Shared competence |
Majority of policy sectors governed under this principle (e.g. internal market, environmental policy). Both the Union and the Member States maintain the power to legislate |
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Competence to support, coordinate and supplement national policies |
Areas where Member States have sought to retain a considerable degree of autonomy (e.g. employment policy, education) |
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Principle of subsidiarity |
In areas where the EU does not have exclusive legislative competence, the Union shall only act in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States. However, CJEU has never struck down a measure on grounds of violating subsidiarity |
