EU Law and the Treaty of Lisbon Quiz

1. How the European Union Works

• The European Union (EU) is based on treaties, legal systems, and decision-making procedures.
• The EU's legal system is separate from international law and has direct/indirect effect on Member States' laws.
• Primary legislation includes treaties and general legal principles, secondary legislation is based on treaties.

1.1 Historical Development of European Integration

• The Second World War's effects led to Franco-German reconciliation, which was a priority.
• The Treaty of Paris (1951) created the European Coal and Steel Community (ECSC).
• The Treaties of Rome (1957) formed the European Economic Community (EEC) and the European Atomic Energy Community (EAEC or Euratom).
• These treaties created a common market based on the four freedoms of movement (goods, persons, capital, and services).
• The Treaties of Rome, the ECSC, and the EAEC were born from the desire for a united Europe as a response to the Second World War and strategic needs of European industries.
• The Treaties aim to ensure free movement of goods, production and avoidance of production quota distortions.

1.1.1 The First Treaties

• The ECSC treaty was signed on 18 April 1951.
• The treaty came into force on July 23, 1952.
• The treaty aimed to reconcile the six European states by pooling their coal and steel industries.
• The treaty created a high authority, parliament, council of ministers, court of justice, and consultative committee.
• The treaty's worth ended on July 23, 2002.
• The assets of the ECSC were given to the research fund for coal and steel.

1.1.2 Developments Up To The Single European Act

• The early treaties focused on forming a common market.
• The treaties established Community own resources.
• The European Monetary System (EMS) was established.
• The Single European Act (1986) significantly altered the Treaty of Rome, leading to the creation of a large internal market.

1.1.3 The Maastricht and Amsterdam Treaties

• The Maastricht Treaty (1992) created the European Union based on three pillars: the European Communities, the Common Foreign and Security Policy (CFSP), and cooperation in the field of justice and home affairs (JHA).
• The Amsterdam Treaty (1997) made adjustments for efficient and democratic functioning of the Union for enlargement.

1.1.4 The Treaty of Nice and the Convention on the Future of Europe

• The Treaty of Nice (2001) made preparations for the EU's enlargement but was not fully successful.
• The European Convention (following the Laeken Declaration) aimed to create a new legal basis for the EU (a constitution) but wasn't ratified.

1.1.5 The Treaty of Lisbon

• The Treaty of Lisbon (2007) renamed the European Community to the Treaty on the Functioning of the European Union (TFEU).
• It significantly enhanced the EU's democratic and institutional structure.

1.2 The European Union's Legal System and Decision-Making Procedures

• The EU has its own legal order separate from international law.
• EU law has direct and indirect effect on Member States' laws.
• The EU has primary and secondary sources of legislation and general principles.
• Primary legislation includes the treaties and general legal principles.
• Secondary legislation consists of regulations, directives, etc., and is based on the treaties.

1.2.1 Sources and Scope of European Union Law

• The sources of EU Law include treaties, general legal principles, international agreements, etc.
• EU Law has its own structure with priorities, and it prevails over national law.

1.2.2 The Principle of Subsidiarity

• Subsidiarity guides law-making in non-exclusive EU competence areas.
• Action by the EU is preferred only when the objective cannot adequately be achieved by the Member States.
• It considers efficiency, scale, and effects.

1.2.3 Supranational Decision-Making Procedures

• Member States have transferred some powers to EU institutions in specific areas.
• EU institutions make binding decisions in various procedures (e.g., legislative, budgetary, appointment procedures).
• Procedures vary. Some require unanimity, others qualified majority vote etc.

1.2.4 Intergovernmental Decision-Making Procedures

• Intergovernmental procedures are important in fields like CFSP and enhanced cooperation.
• Decision-making often involves shared agreement or consensus among member states.
• The Treaty of Lisbon changed decision-making procedures, sometimes enabling simpler codecision.

1.2.5 The Budgetary Procedure

• Parliament and the Council are the budgetary authority.
• The budgetary procedure involves several stages, often with a pragmatic schedule.
• The Treaty of Lisbon gave Parliament equal say over the entire EU budget, as there is now a single budgetary procedure.