European Union: Chapters 1 & 2 Overview

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Questions and Answers

The General Council of the ECB consists exclusively of the governors of the national central banks of the 27 EU Member States.

False (B)

The European Economic and Social Committee was established in 1992.

False (B)

The European Committee of the Regions includes 329 members representing local and regional authorities from Member States.

True (A)

The EU has exclusive competence in human rights matters.

<p>False (B)</p> Signup and view all the answers

The principle of institutional autonomy is one of the guiding principles of inter-institutional relations in the EU.

<p>True (A)</p> Signup and view all the answers

The accession of the EU to the ECHR will impact the Union's competences as defined in the Treaties.

<p>False (B)</p> Signup and view all the answers

The EU does not have the right to conclude international treaties.

<p>False (B)</p> Signup and view all the answers

Respect for human rights is a key criterion for the admission of new EU member states.

<p>True (A)</p> Signup and view all the answers

The EU Charter of Fundamental Rights is not addressed to national authorities when implementing EU law.

<p>False (B)</p> Signup and view all the answers

General principles of EU law will no longer provide protection for human rights after the EU accedes to the ECHR.

<p>False (B)</p> Signup and view all the answers

The European Ombudsman is appointed according to Article 228 TFEU.

<p>True (A)</p> Signup and view all the answers

Enhanced cooperation allows all Member States to participate equally in every decision-making process.

<p>False (B)</p> Signup and view all the answers

The principle of presumption of competence lies with the EU, meaning that all competences are automatically conferred to it.

<p>False (B)</p> Signup and view all the answers

The limits of Union competences are governed by the principle of conferral, as stated in Article 5 TFEU.

<p>True (A)</p> Signup and view all the answers

If the EU decides to stop exercising its competence in a specific area, then the principle of reversibility states that the competence returns to the EU.

<p>False (B)</p> Signup and view all the answers

Article 4.2 TEU states that the Union shall respect the equality of Member States before the Treaties and their national identities.

<p>True (A)</p> Signup and view all the answers

According to Article 50 TEU, a Member State can unilaterally withdraw from the EU without any notification to the European Council.

<p>False (B)</p> Signup and view all the answers

The default withdrawal period for a Member State exiting the EU is one year, unless extended by unanimous agreement.

<p>False (B)</p> Signup and view all the answers

According to Article 3 TEU, one of the goals of the EU is to establish an Economic and Monetary Union with the Euro as its currency.

<p>True (A)</p> Signup and view all the answers

The rights of EU membership include the power to unilaterally suspend membership obligations without any formal procedure.

<p>False (B)</p> Signup and view all the answers

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Flashcards

Equality of Member States

This principle ensures that all member states have equal standing within the EU, respecting their unique national identities and structures, including regional and local governance.

Obligations of Membership

Member states must abide by the obligations and rules set by the EU, including financial contributions.

Financial Obligations of Membership

Member states must contribute financially to the EU budget to support common projects and policies.

Suspension of Membership Rights

Outlined in Article 7 TEU, this disciplinary action allows the EU to suspend a member state's rights if they persistently violate common values or principles.

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Unilateral Withdrawal from the EU

Article 50 TEU outlines the process for a member state to voluntarily leave the EU. It involves formal notification, negotiation of a withdrawal agreement, and the cessation of EU treaty applications.

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What role does the Governing Council play in the EU's monetary system?

The Governing Council, responsible for preparing meetings and carrying out monetary policy as defined by the Governing Council, ensures the smooth functioning of the EU's monetary system.

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What is the General Council's role in the EU?

The General Council acts as a platform for cooperation, bridging the gap between countries within and outside the Eurozone, by incorporating them into the EU's monetary policy.

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What does the European Economic and Social Committee represent?

The European Economic and Social Committee mirrors the diverse voices of organized civil society, representing employers, workers, and various other interest groups.

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How does the European Committee of the Regions connect with the EU?

The European Committee of the Regions acts as a liaison between EU policymaking and local authorities, strengthening the voice of regional and local governments in the EU.

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How does the EU's organizational structure differ from other international organizations?

The EU operates with a unique organizational structure, distinct from other international organizations, reflecting the interplay of supranational, intergovernmental, and democratic elements.

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Legal Value of the EU Charter

The EU's Charter of Fundamental Rights has the same legal standing as the EU treaties. This means it's not just advisory but legally binding on all EU institutions and member states.

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Human Rights in EU Law

The EU respects and protects human rights, which are considered fundamental principles of EU law. These rights are derived from the European Convention on Human Rights (ECHR) and common constitutional traditions of EU member states.

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Sanctions for Human Rights Violations

The EU can impose sanctions on member states that persistently violate EU values, which include human rights. This mechanism ensures accountability for violations.

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Jurisdictional Protection of Human Rights

Human rights are protected through judicial review, both at the national level within each member state and at the EU level by the European Court of Justice.

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Applicability of the EU Charter of Fundamental Rights

The EU Charter of Fundamental Rights is addressed to all EU institutions and bodies, meaning they must act in accordance with its principles. It also applies to national authorities when they implement EU law.

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Enhanced Cooperation

A process where a group of Member States can deepen integration in a specific area, even if not all EU members are ready or willing to participate. This mechanism adds flexibility within the EU framework.

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Principle of Conferral

The principle that the EU can only act within the limits of the powers given to it by the Member States in the Treaties. This means that any EU action must be based on a specific provision in the Treaties.

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Principle of Reversibility

Member States retain powers that are not explicitly given to the EU in the Treaties. If the EU doesn't exercise a competence, the Member States regain control.

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Functional Competence

EU competences are limited and focus on specific tasks or objectives, rather than controlling entire sectors. The EU doesn't have a general right to act; it needs a specific legal basis.

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Accession Procedure

A process whereby a country wishing to join the EU must meet specific requirements and obtain unanimous approval from existing Member States.

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Study Notes

Chapter 1: European Union as an International Organization

  • International Organizations (IOs) are typically based on conventional legal agreements.
  • IOs are often composed of multiple states.
  • IOs pursue common or collective interests.
  • IOs have permanent organizational structures.
  • IOs possess international legal personality.
  • IOs can be categorized by their purposes (general or special), composition (universal or regional), and competences (cooperative or integrative).

Chapter 2: Treaties: Background and Historical Evolution

  • Prior to the EU, the Council of Europe existed.
  • Key treaties include the Treaty of Paris (1951) establishing the European Coal and Steel Community (ECSC), and the Treaties of Rome (1957) creating the European Atomic Energy Community (Euratom) and the European Economic Community (EEC).
  • Subsequent treaties and developments led to significant modifications and expansions of the EU structure and scope.
  • These changes include but are not limited to: the Merger Treaty (1965), the Single European Act (1986), the Maastricht Treaty (1992), the Treaty of Amsterdam (1997), the Treaty of Nice (2001), and the Treaty of Lisbon (2007).
  • The development of the EU reflects gradual, progressive integration.

Chapter 3: EU Members

  • Currently, there are 27 member states in the EU.
  • Several countries are candidates for EU membership.
  • Kosovo is a potential candidate.
  • Membership criteria include stable democracies and functioning market economies, as stated in Article 49 TEU and the Copenhagen Criteria.
  • The EU's enlargement has significantly increased the number of member states over time.
  • The EU's primary goals include promoting peace, welfare, and well-being of its citizens, establishing an internal market, promoting sustainable economic growth, and maintaining standards of environmental and social progress.
  • The EU functions through various institutions.
  • The institutional framework is defined in Article 13 of the TEU, aiming to promote values, advance objectives, and ensure continuity in policies.
  • The EU has legal personality enabling it to enter into treaties and agreements with other entities and states.
  • The EU has the ability to regulate in certain areas.

Chapter 7: Membership Status; Loss of Membership

  • Article 4.2 TEU recognizes the equality of member states, their diversity, and national identities.
  • Membership status involves upholding treaty obligations, including financial commitments.
  • Losing membership is a process outlined in Article 50 TEU, involving notification and negotiation, and adhering to international law.

Chapter 8-10: Procedures, Functions, and Composition of EU Institutions

  • EU decision-making processes involve different procedures (ordinary legislative, budgetary, consent, etc.).
  • Each institution (e.g., European Parliament, European Council, European Commission) has defined functions and compositions.
  • The EU's various institutions have different levels of power, and these roles can be found in EU treaties (primary legislation).
  • Special Procedures involve distinct legislative processes.
  • Processes for proposing new legislation and the composition of specific institutions are further detailed.

Chapter 11: EU Law and National Law & Judicial Guarantee

  • The EU legal order has precedence over national legal orders within specific areas.
  • Direct effect applies to treaties, regulations, and, sometimes, to directives to facilitate uniform implementation of EU laws.
  • EU law is a system of legal rules developed by the EU.

Chapter 12: Principles of Subsidiarity and Proportionality

  • The principle of subsidiarity ensures that EU action only occurs when it is more effective than national action.
  • The principle of proportionality mandates that EU action should not exceed what is necessary to achieve its objectives.
  • A priori and a posteriori controls help ensure consistency with EU principles.

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