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Questions and Answers
Implicit competences are detailed explicitly within the Treaties.
Implicit competences are detailed explicitly within the Treaties.
False
Member States can act within exclusive competences without EU empowerment.
Member States can act within exclusive competences without EU empowerment.
False
The principle of subsidiarity allows EU intervention only when Member State actions are insufficient.
The principle of subsidiarity allows EU intervention only when Member State actions are insufficient.
True
Article 352 TFEU allows the EU to act even when the Treaty provides necessary powers.
Article 352 TFEU allows the EU to act even when the Treaty provides necessary powers.
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Coordinating competence implies that Member States solely regulate their economic policies independently of the EU.
Coordinating competence implies that Member States solely regulate their economic policies independently of the EU.
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The European Coal and Steel Community (ECSC) was established by the Treaty of Amsterdam in 1997.
The European Coal and Steel Community (ECSC) was established by the Treaty of Amsterdam in 1997.
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International Organizations are characterized by their pursuit of common or collective interests.
International Organizations are characterized by their pursuit of common or collective interests.
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The Maastricht Treaty introduced the European Monetary Union and established EU citizenship.
The Maastricht Treaty introduced the European Monetary Union and established EU citizenship.
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International Organizations can only be categorized based on their competences.
International Organizations can only be categorized based on their competences.
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The Treaty of Rome established both the European Economic Community (EEC) and the European Atomic Energy Community (Euratom) in 1957.
The Treaty of Rome established both the European Economic Community (EEC) and the European Atomic Energy Community (Euratom) in 1957.
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The Single European Act strengthened European integration by giving the European Economic Community legal basis.
The Single European Act strengthened European integration by giving the European Economic Community legal basis.
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The concept of 'progressivity' in European integration refers to a simultaneous strengthening of all areas of cooperation.
The concept of 'progressivity' in European integration refers to a simultaneous strengthening of all areas of cooperation.
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The Treaty of Nice was signed in 2001 and was primarily aimed at restructuring the EU's enlargement process and introducing economic policies.
The Treaty of Nice was signed in 2001 and was primarily aimed at restructuring the EU's enlargement process and introducing economic policies.
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The Treaty of Lisbon established the legal right for EU member states to exit the Union.
The Treaty of Lisbon established the legal right for EU member states to exit the Union.
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There are currently 28 EU Member States.
There are currently 28 EU Member States.
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The Copenhagen Criteria include economic conditions that require applicant countries to demonstrate stable, functioning market economies.
The Copenhagen Criteria include economic conditions that require applicant countries to demonstrate stable, functioning market economies.
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Kosovo is an official candidate for EU membership as of 2023.
Kosovo is an official candidate for EU membership as of 2023.
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During the accession process, the applicant state first submits its application to the European Parliament.
During the accession process, the applicant state first submits its application to the European Parliament.
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The accession process includes a pre-accession period during which candidate countries begin negotiating various chapters of EU law.
The accession process includes a pre-accession period during which candidate countries begin negotiating various chapters of EU law.
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The Treaty of Lisbon requires a qualified majority of 60% for voting procedures.
The Treaty of Lisbon requires a qualified majority of 60% for voting procedures.
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The Charter of Fundamental Rights became legally binding with the Treaty of Amsterdam in 1999.
The Charter of Fundamental Rights became legally binding with the Treaty of Amsterdam in 1999.
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The General Court has three judges from each Member State.
The General Court has three judges from each Member State.
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The functions of the Court of Justice include ensuring that Member States comply with their obligations under the Treaties.
The functions of the Court of Justice include ensuring that Member States comply with their obligations under the Treaties.
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Citizens' initiatives can propose EU legislation only if the issues are within the Commission's powers to act.
Citizens' initiatives can propose EU legislation only if the issues are within the Commission's powers to act.
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The European Court of Auditors consists of members appointed for a term of four years.
The European Court of Auditors consists of members appointed for a term of four years.
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A citizens' initiative can be considered valid even if it is deemed abusive or frivolous.
A citizens' initiative can be considered valid even if it is deemed abusive or frivolous.
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The Executive Board of the European Central Bank includes a total of seven members.
The Executive Board of the European Central Bank includes a total of seven members.
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The Court of Justice has no competence in Common Foreign and Security Policy (CFSP) matters.
The Court of Justice has no competence in Common Foreign and Security Policy (CFSP) matters.
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The consent procedure allows amendments to legislation proposed by the Commission before Parliament's agreement.
The consent procedure allows amendments to legislation proposed by the Commission before Parliament's agreement.
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The annual EU budget is established through a process involving only the Council of the EU.
The annual EU budget is established through a process involving only the Council of the EU.
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The European System of Central Banks (ESCB) includes only countries that have adopted the Euro.
The European System of Central Banks (ESCB) includes only countries that have adopted the Euro.
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Advocates-general are part of the General Court of Justice.
Advocates-general are part of the General Court of Justice.
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Trade agreements in the EU are solely negotiated by the Council of the EU.
Trade agreements in the EU are solely negotiated by the Council of the EU.
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The European Commission must review citizens' initiatives before deciding on legislative proposals.
The European Commission must review citizens' initiatives before deciding on legislative proposals.
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The European Court of Auditors can only issue mandatory opinions as required by the Treaties.
The European Court of Auditors can only issue mandatory opinions as required by the Treaties.
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Agreements related to the Common Foreign and Security Policy (CFSP) are negotiated exclusively by the European Parliament.
Agreements related to the Common Foreign and Security Policy (CFSP) are negotiated exclusively by the European Parliament.
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The Governing Council of the European Central Bank is primarily responsible for its day-to-day management.
The Governing Council of the European Central Bank is primarily responsible for its day-to-day management.
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The European Parliament plays a binding role in the appointment of the European Court of Auditors' members.
The European Parliament plays a binding role in the appointment of the European Court of Auditors' members.
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A description of the initiative must be provided in one of the official EU languages.
A description of the initiative must be provided in one of the official EU languages.
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The number of signatories required for a citizens' initiative must come from a single Member State.
The number of signatories required for a citizens' initiative must come from a single Member State.
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The procedures for concluding international agreements vary based on the subject matter of the agreement.
The procedures for concluding international agreements vary based on the subject matter of the agreement.
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Study Notes
European Union as an International Organization
- International Organizations (IOs) are generally based on conventional legal frameworks.
- IOs typically have an inter-state composition and pursue common or collective interests.
- IOs have permanent organizational structures and international legal personalities.
- IOs are categorized based on their purposes (general or special), composition (universal or regional), and competences (cooperative or integrative).
Treaties: Background and Historical Evolution
- The Council of Europe predates the European Union.
- Treaties of Paris (1951) established the European Coal and Steel Community (ECSC).
- Treaties of Rome (1957) created the European Atomic Energy Community (Euratom) and the European Economic Community (EEC).
- A merger treaty (1965/1967) unified executive bodies of the ECSC, EEC, and Euratom.
- The Single European Act (1986/1987) strengthened integration, extended foreign policy coordination, and defined qualified majority in the council.
- The Maastricht Treaty (1992/1993) transitioned the EEC to the European Community (EC). It expanded cooperation areas, established EU citizenship, and introduced the European Monetary Union.
- The Treaty of Amsterdam (1997/1999) enhanced EU values and focused on visas, asylum, and immigration policies.
- The Treaty of Nice (2001/2003) reformed institutions, addressed enlargement, and defined security and defense policies.
- The Treaty of Lisbon (2007/2009) consolidated EU legal personality, established a permanent president of the European Council, and redefined voting procedures and EU citizens' legislative roles.
EU Members
- Currently, there are 27 EU member states.
- Candidate countries for EU membership include Albania, North Macedonia, Turkey, Serbia, Montenegro, Bosnia and Herzegovina, Moldova, Ukraine, and Georgia.
- Kosovo is a potential candidate.
- Accession criteria outlined in Article 49 of the Treaty on European Union (TEU) and the Copenhagen Criteria (1993) include political stability, functioning democratic institutions, respect for EU values, and a functioning market economy capable of withstanding EU competition.
EU Membership
- Article 49 TEU outlines the accession process, including applicant state application, pre-accession period negotiations, and the conclusion of an accession treaty.
- The Union shall respect the equality of Member States before the Treaties.
- Participation in decision-making, enjoyment of rights, and compliance with obligations are implied within the membership status.
- Article 50 TEU outlines the procedure for withdrawing from the EU, including notification to the European Council, negotiation of a withdrawal agreement, and cessation of EU treaties' application.
EU Values and Principles
- The Union is founded on respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights. (Article 2 TEU)
- EU citizens are directly represented in the European Parliament.
- Member States are represented in the European Council and the Council.
- National parliaments actively contribute to the EU's functioning.
- Key institutional bodies include the European Parliament, European Council, Council of the EU, European Commission, Court of Justice, European Central Bank, and European Court of Auditors.
- The EU has a number of specialized agencies that carry out specific tasks, and interinstitutional services to support all EU institutions.
EU Legal Systems & Procedures
- EU law is a distinct legal order separate from national systems, with its own sources, institutions, and principles.
- EU law prioritizes legal acts (e.g., regulations, directives, decisions) over national provisions when in conflict.
- EU law incorporates fundamental rights, primarily in the Charter of Fundamental Rights, and is subject to judicial review in both national and EU courts.
- The EU has specific processes to address breaches of the rule of law in member states.
- Legal acts include regulations (binding in their entirety; directly applicable), directives (binding regarding the result to be achieved; national implementation), and decisions (binding specifically on those addressed).
- Citizens' initiatives permit proposals for new EU legislation if in accordance with the EU's values.
- Mechanisms exist for different legislative procedures and the adoption of international agreements.
- EU competences are based on treaty provisions; some are exclusive to the EU, while others are shared with member states.
- Principle of proportionality ensures that EU action does not exceed what is necessary.
EU Legal Procedures
- Membership includes obligations, including acting on the EU values and adherence to the treaty and principle of subsidiarity
- Treaties are the primary sources of EU law and must be respected by Member States and the Union
- The EU has a variety of legislative procedures, including ordinary legislative procedures and special procedures, for adopting regulations, directives, and decisions.
Primacy of EU Law
- EU law has primacy over national law in areas covered by EU Treaties.
- Member states are obligated to disapply conflicting national provisions.
- Court of Justice (CJEU) is responsible for upholding this.
State Liability
- Member states may be held liable for damages caused by breaching EU law to individuals.
- Member States have a responsibility for ensuring alignment with EU laws, and there are mechanisms for enforcing this obligation.
Direct Effect
- Treaty provisions are precise, clear, unconditional, and do not demand additional measures for implementation to take a direct effect
- Regulations are directly applicable in all member states (vertical and horizontal).
- Directives have vertical direct effect and can be invoked against the state where transposition deadlines have not been met.
- EU Court of Justice and the role of precedent in direct effect decisions
- Direct effect permits individuals to invoke EU law before national courts.
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Description
This quiz explores the European Union's role as an international organization, detailing its legal framework, inter-state composition, and the significance of treaties that led to its formation. Understand the historical evolution of key treaties that shaped the EU, such as the Treaties of Paris and Rome. Test your knowledge on the structure and functions of the EU.
