European Union Law: Treaty on the Functioning
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Questions and Answers

What is the main purpose of the Treaty on the Functioning of the European Union (TFEU)?

  • To establish the EU's fundamental values and principles.
  • To outline the process of expanding the EU through new member states.
  • To define the specific operational mechanisms and policies of the EU. (correct)
  • To provide guidance for resolving disputes between member states
  • Which of the following policy areas is not primarily regulated by the TFEU?

  • Economic policy and competition
  • Justice and home affairs, including immigration
  • Social policy and environmental protection
  • Foreign relations and defense (correct)
  • How does the TFEU relate to the Treaty on European Union (TEU)?

  • The TEU is a more recent treaty that replaced the TFEU.
  • The TFEU complements the TEU by providing specific details and operational rules for the EU. (correct)
  • The TFEU and TEU are unrelated treaties with distinct areas of responsibility.
  • The TFEU supersedes the TEU as the primary source of EU law.
  • What is the main difference between primary and secondary law in the EU legal order?

    <p>Secondary law is derived from primary law and is based on the EU treaties. (D)</p> Signup and view all the answers

    Which of the following is NOT a characteristic of the Treaty on the Functioning of the European Union (TFEU)?

    <p>Establishes the EU's core values and principles. (D)</p> Signup and view all the answers

    Which of the following best describes the analogy provided for the TFEU?

    <p>The TFEU is like a blueprint, providing detailed specifications for the EU's operation. (D)</p> Signup and view all the answers

    Which of the following is NOT a source of primary law in the EU?

    <p>Legislative acts passed by the European Parliament and Council (C)</p> Signup and view all the answers

    What is the significance of the TFEU replacing previous treaties like the Maastricht and Rome treaties?

    <p>It consolidated and simplified EU law, by replacing multiple treaties with a single document. (A)</p> Signup and view all the answers

    Which of the following types of EU law are considered non-binding? (Select all that apply)

    <p>Recommendations (D), Opinions (E)</p> Signup and view all the answers

    What is the key difference between Regulations and Directives in terms of their applicability within EU member states?

    <p>Regulations are directly applicable, while Directives require transposition into national law. (B)</p> Signup and view all the answers

    Which of the following is NOT a type of violation of EU law as discussed in the provided content?

    <p>Conflict of Laws (C)</p> Signup and view all the answers

    The 'Primacy of EU Law' principle, as established in the Costa v ENEL case, implies that:

    <p>EU law is always superior to national law, regardless of their content. (B)</p> Signup and view all the answers

    What is the significance of the Van Gend en Loos case in the context of EU law?

    <p>It established the principle of direct effect, allowing individuals to rely on EU law in national courts. (A)</p> Signup and view all the answers

    Which of the following examples best illustrates a 'Non-Conformity of Transposition' violation of EU law?

    <p>A national labor law not meeting minimum EU standards. (C)</p> Signup and view all the answers

    Which of the following is an example of a directly applicable EU law instrument? (Select all that apply)

    <p>GDPR (General Data Protection Regulation) (B), Antitrust rulings against companies (D)</p> Signup and view all the answers

    What is the main difference between 'Non-Notification of Transposition' and 'Non-Conformity of Transposition' violations?

    <p>The former involves a failure to inform the EU about transposition, while the latter involves improper transposition. (B)</p> Signup and view all the answers

    Which of these groups are most likely to hold Eurosceptic views?

    <p>Eurosceptic citizens with strong national identities (B)</p> Signup and view all the answers

    What is the main argument of the 'Elite Perspective & Cue-Taking' explanation for Euroscepticism?

    <p>The public is more likely to be Eurosceptic if political elites frame the EU negatively (A)</p> Signup and view all the answers

    Which of the following accurately describes the 'Inverted-U Model' of Euroscepticism?

    <p>Extreme left and right political groups are more likely to oppose the EU (C)</p> Signup and view all the answers

    How does the text position Euroscepticism in relation to the 'Cultural Dimension' of the 2-Dimensional Party System?

    <p>Euroscepticism is strongly associated with political parties emphasizing nationalism and sovereignty (D)</p> Signup and view all the answers

    Which of the following examples demonstrates the evolution of Euroscepticism in recent years?

    <p>The Italian Brothers of Italy (Giorgia Meloni) has moved from hard Euroscepticism to advocating for EU reform (D)</p> Signup and view all the answers

    Which of the following is NOT a factor that the text identifies as a key driver of Euroscepticism?

    <p>Support for European identity over nationalism (A)</p> Signup and view all the answers

    What is one of the key reasons for the rise of Euroscepticism among radical left parties?

    <p>Disagreement with the EU's focus on free trade and market liberalization (B)</p> Signup and view all the answers

    What is the primary reason, according to the text, for the shift in focus of some radical right parties toward migration and sovereignty?

    <p>A desire to appeal to a broader base of voters who are primarily concerned about national identity (D)</p> Signup and view all the answers

    Which of the following is NOT a purpose of EU enlargement?

    <p>Promoting economic growth within existing member states. (C)</p> Signup and view all the answers

    What is the main reason why treaty reforms are often politically sensitive?

    <p>They affect national sovereignty and integration. (D)</p> Signup and view all the answers

    Which of the following is a characteristic of the simplified revision procedure?

    <p>It is used for internal policy adjustments. (B)</p> Signup and view all the answers

    What is the primary purpose of 'passerelle clauses' in EU treaties?

    <p>To shift decision-making from unanimity to qualified majority voting. (B)</p> Signup and view all the answers

    Why are passerelle clauses rarely used despite being easier than full treaty reform?

    <p>They are politically sensitive and can lead to national vetoes. (A)</p> Signup and view all the answers

    Why was the European Constitution rejected in 2005?

    <p>It was perceived as a threat to national sovereignty. (A)</p> Signup and view all the answers

    Which of the following is NOT a factor that makes treaty reform difficult?

    <p>The potential for economic instability. (D)</p> Signup and view all the answers

    What does the term 'enlargement' refer to in the context of the EU?

    <p>The process of countries joining the EU. (C)</p> Signup and view all the answers

    According to the provided content, which of the following is NOT a primary goal of interest groups?

    <p>Increase Profitability (D)</p> Signup and view all the answers

    Which consultation instrument is most likely to involve a significant number of NGOs and citizens?

    <p>Open/Restricted Online Consultations (D)</p> Signup and view all the answers

    Which type of interest group is most likely to dominate specialized forums within EU consultations?

    <p>Trade Unions (C)</p> Signup and view all the answers

    Which of the following is NOT a characteristic of the "venue shopping" strategy used by interest groups?

    <p>Seeking to manipulate data to support their claims (C)</p> Signup and view all the answers

    Which of the following is an example of an "outsider" strategy?

    <p>Organizing public protests against a particular policy (D)</p> Signup and view all the answers

    Which of the following is an argument against the idea that policy influence is the main goal of lobbying?

    <p>Lobbying groups may prioritize public awareness and member recruitment (C)</p> Signup and view all the answers

    According to the content, which of the following interest group types is most likely to be involved in lobbying for climate regulations?

    <p>Environmental Groups (C)</p> Signup and view all the answers

    What is the main takeaway regarding EU consultations from the study by Binderkrantz et al. (2011-2016)?

    <p>Different interest groups participate in different types of consultations based on policy areas (C)</p> Signup and view all the answers

    What is the main research question investigated by Hobolt and Wittrock in their study?

    <p>How do voters' perceptions of EU policy affect their voting behaviour in EP elections? (C)</p> Signup and view all the answers

    What is the main finding of Hobolt and Wittrock's research on voter behavior in EP elections?

    <p>Voters are more likely to choose pro-EU candidates when they are aware of EU issues. (A)</p> Signup and view all the answers

    Which statement best summarizes the relationship between Hobolt and Wittrock's findings and the Second-Order Model?

    <p>The study's findings partially support the Second-Order Model, suggesting that uninformed voters rely on national factors, while informed voters consider EU policy. (D)</p> Signup and view all the answers

    Which of the following accurately describes the Spitzenkandidaten system?

    <p>A system where each European political group nominates a candidate for the Commission Presidency, and the group with the most seats in the EP chooses the President. (B)</p> Signup and view all the answers

    Which of the following is NOT a criticism of the Spitzenkandidaten system?

    <p>Voters often don't recognize the Spitzenkandidaten candidates. (C)</p> Signup and view all the answers

    Based on the content provided, what is the significance of the 2019 EP elections?

    <p>The election had the highest turnout since 1994, indicating a possible stabilization of voter participation in EP elections. (D)</p> Signup and view all the answers

    Which of the following is a key factor that influences voter choice in EP elections, as indicated by the content?

    <p>Political ideology of the candidate in relation to EU policy positions. (B)</p> Signup and view all the answers

    What is the primary purpose of the European Council in relation to the Spitzenkandidaten system?

    <p>To nominate a candidate for the presidency of the European Commission, based on the outcome of negotiations between political groups. (C)</p> Signup and view all the answers

    Signup and view all the answers

    Flashcards

    TFEU

    Treaty on the Functioning of the European Union, detailing EU operations.

    Purpose of TFEU

    To provide detailed rules on how the EU operates in specific policy areas.

    Key Policies in TFEU

    Regulates policies like Single Market, Monetary Policy, Social Policy, Justice.

    EU Powers

    Specifies powers of the EU: exclusive, shared, and supporting.

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    EU’s Legislative Process

    Outlines ordinary and special legislative procedures.

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    TEU

    Treaty on European Union, establishes principles and governance structure.

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    Primary Law

    Highest legal authority in the EU, comprising the fundamental treaties.

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    TFEU & TEU Relationship

    TEU provides framework, TFEU provides detailed operational rules.

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    Political Resistance

    Opposition to treaty reforms due to concerns over national sovereignty.

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    Euroskeptic Movements

    Groups opposing deeper European integration, fearing loss of national control.

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    Simplified Revision Procedure

    A process for minor internal adjustments without changing EU competences.

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    Passerelle Clauses

    Allow shifts from unanimity to qualified majority voting without treaty changes.

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    Unanimity Requirement

    A rule that requires all member states to agree for reforms to proceed.

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    Lengthy Process

    Describes how treaty negotiations can take years to complete.

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    Enlargement

    The process of new countries joining the EU, under specific criteria.

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    Purpose of Enlargement

    To enhance political influence, spur reforms, and stabilize regions.

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    Influence Policy

    Efforts to shape regulations and laws that impact groups.

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    Mobilization & Recruitment

    Strategies to attract members or supporters to interest groups.

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    Public Image

    Efforts to gain media attention and legitimacy.

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    Compete or Cooperate

    The choice between forming alliances or outcompeting rival groups.

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    Open Consultations

    Online dialogues where anyone can submit input, often driven by NGOs & citizens.

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    Insider Strategies

    Direct lobbying of policymakers for influence.

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    Outsider Strategies

    Mobilizing public support through protests and media campaigns.

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    Venue Shopping

    Choosing the most favorable arena for lobbying efforts.

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    Voter Turnout Variation

    Voter turnout is higher in Belgium due to compulsory voting and lower in Eastern Europe.

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    Recent Turnout Trends

    Turnout declined in the early 2000s but stabilized, with 2019 elections showing highest turnout since 1994 (51%).

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    Factors Influencing Voter Choice

    Key variables predicting voter choice include left-right ideology, EU policy distance, and government performance.

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    EU Policy Awareness

    More awareness of EU issues correlates with higher votes for pro-EU candidates.

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    Spitzenkandidaten System

    A system introduced in 2014 for selecting the President of the European Commission through lead candidates from political groups.

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    Election Influence Mechanism

    Voters influence Commission leadership indirectly through party votes, with the European Council proposing the President.

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    Voter Recognition Issues

    Most voters do not recognize Spitzenkandidaten except in their own country; EU-wide debates have low visibility.

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    Criticism of Spitzenkandidaten

    There is no legal obligation to follow the results of the Spitzenkandidaten, leading to criticisms of the system.

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    Regulations

    Binding in full and directly applicable in all EU member states.

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    Directives

    Binding as to goals, requiring transposition into national law.

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    Decisions

    Binding in full but applies only to specific addressees.

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    Recommendations

    Non-binding advisory guidelines issued by the EU.

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    Direct Effect

    EU law can be directly invoked by individuals in national courts.

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    Primacy of EU Law

    EU law overrides conflicting national laws.

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    Non-Notification of Transposition

    A member state fails to inform the EU about transposing a directive.

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    Non-Conformity of Transposition

    A directive is transposed incorrectly or partially into national law.

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    Cultural Identity Perspective

    Explains how identity influences attitudes towards the EU; pro-EU citizens favor European identity, while Eurosceptics emphasize national identity.

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    Economic Factors in Euroscepticism

    Regions with economic struggles, like Southern Europe, often exhibit stronger Euroscepticism due to weakened trust in the EU.

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    Elite Perspective

    Public opinions on the EU are often shaped by elites like politicians and media, especially when they frame it negatively.

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    Inverted-U Model of Euroscepticism

    Euroscepticism peaks at political extremes; radical left opposes neoliberalism, while radical right focuses on migration.

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    2-Dimensional Party System

    A framework that classifies parties on economic (interventionist vs. market-oriented) and cultural (progressive vs. conservative) dimensions.

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    Party Positions on EU

    Different political parties have varying stances on the EU, from strong opposition to support, depending on their ideological leanings.

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    Centrists' EU Stance

    Center-left and center-right parties generally support the EU, contrasting with extremist views.

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    Migration and Euroscepticism

    Radical right parties increasingly frame their Euroscepticism around issues of migration and national sovereignty.

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    Study Notes

    Policymaking in the European Union

    • The Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) are the EU's primary treaties.
    • The TEU establishes fundamental principles, values, and framework for the EU.
    • The TFEU provides detailed rules for the EU's functioning in specific policy areas.
    • Primary law is the highest legal authority in the EU.
    • Secondary law implements and enforces primary law.

    Treaty Reform

    • Ordinary Revision Procedure (Major Treaty Reform): Used for major reforms affecting fundamental aspects of the EU. A proposal is submitted, usually followed by a Convention or Intergovernmental Conference (IGC) to discuss and finalize the text. All member states must agree and ratify the treaty.
    • Simplified Revision Procedure (Limited Treaty Reform): Used for smaller reforms affecting internal EU policies. A proposal is submitted, the European Council decides by unanimity after consultation with the Commission and Parliament, and all member states must ratify.

    Enlargement and Neighbourhood Policy

    • Enlargement is the process by which countries join the EU following specific criteria, rules, and negotiations.
    • Current and candidate countries are generally located in Eastern & Central Europe and Western Balkans.
    • Copenhagen Criteria (1993) outline membership conditions, including stable political institutions, a functioning market economy, and ability to adopt EU law.
    • The Accession Process involves applications, screening, candidate status, negotiations, interim & closing benchmarks, and ratification by EU member countries.
    • Transition periods are common (e.g., free movement of workers, Schengen membership, Euro zone) to ease the process.

    The European Council & Council of the EU

    • The European Council (EuCo) consists of Heads of State or Government of EU member states, providing high-level political guidance.
    • The Council of the EU represents national governments at the ministerial level in various policy areas (e.g., ECOFIN, Agriculture & Fisheries Council).
    • The Council's role includes legislative power (co-legislator with the European Parliament), budget approval, and handling high-stakes issues.
    • The Council Presidency rotates every six months among EU member states.
    • Bargaining power in the EU Council is determined by factors such as institutional power resources, structural power resources, negotiation tactics, and information advantage.

    The European Parliament & Decision-Making

    • The European Parliament (EP) has 705 Members of the European Parliament (MEPs) elected directly by EU Citizens every 5 years, and is the legislative body of the EU.
    • The EP plays a role in the legislative process (co-legislator with the Council), approving EU budgets, and overseeing EU activities.
    • The EP employs committees and rapporteurs for in-depth discussions of legislative topics and to coordinate policies with governments and parties.

    Interest Groups & Lobbying in the EU

    • Interest groups (NGOs) attempt to influence EU policy without standing for election.
    • Interest groups have various motivations (organizational survival, influencing policies, mobilization, public image, competition).
    • Some groups use insider strategies (direct lobbying), others use outsider strategies (public mobilization and campaigns).
    • Policymakers listen to interest groups due to needing technical expertise, building support within policy areas, complying with regulations, and ensuring proper implementation of policies.

    Inter-Institutional Relations in the EU

    • Key examples of inter-institutional relations in the EU include treaty reforms, EU enlargement processes , high-level appointments such as the Commission President and Commissioners, and legislative procedures such as the Ordinary Legislative Procedure (OLP).
    • The OLP is the primary way EU laws are made, and involves the Commission proposing laws, the EP and Council amending and debating the laws, and the Council formally approving any proposed changes. Consensual solutions are preferred.
    • The Commission is crucial for initiating legislation but its power is limited as the Council and Parliament have significant influence.

    Euroscepticism in the EU

    • Euroscepticism is criticism or opposition towards the European Union.
    • Euroscepticism has different types (hard and soft) and diverse opinions which stem from various factors (economic, identity, and political considerations).
    • There have been times of high Euroscepticism and declining levels of backing towards the EU.

    Democratic Backsliding in the EU

    • Democratic backsliding refers to the gradual weakening of democratic institutions and norms, often led by elected governments.
    • Key features include erosion of judicial independence, restriction on media freedom, weakening of civil society, politicization of public administration, and manipulation of electoral rules.
    • The EU (and member states) have faced challenges in preventing or appropriately addressing democratic backsliding through legal policies and processes.

    Sample Question (European Commission)

    • The European Commission holds significant agenda-setting power in the ordinary legislative procedure due to its exclusive right of legislative initiative.
    • However, political pressure, parliamentary and council constraints significantly limit the Commission's power and influence over the legislative outcomes.

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    Description

    This quiz tests your knowledge about the Treaty on the Functioning of the European Union (TFEU) and its relation to other treaties within the EU legal framework. It covers topics including primary and secondary law, different types of EU law, and key distinctions such as Regulations and Directives. Prepare to deepen your understanding of EU law and its significance.

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