European Union Treaties Quiz
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Questions and Answers

What was the primary purpose of the European Coal and Steel Community (ECSC) and the European Economic Community (EEC) in their early days?

  • To establish a comprehensive regulatory framework across Europe (correct)
  • To enhance the decision-making powers of the European Parliament
  • To serve the interests of the European Union as a whole, rather than the member states
  • To become a political superstate that would replace the member states

    • What is the significance of the EU not having 'Kompetenz-Kompetenz', or the power to determine its own competences?

  • The EU has full autonomy to expand its powers as it sees fit
  • The member states jointly are the primary legislature of the EU (correct)
  • The EU can unilaterally override the decisions of the member states
  • The EU has no legal basis to make binding decisions on the member states

    • How did the Lisbon Treaty impact the legal status of the EU?

  • It abolished the European Community and established the European Union as a single legal entity (correct)
  • It created a single legal entity called the 'European Community'
  • It maintained the separate legal entities of the European Community and the European Union
  • It had no impact on the legal status of the EU, as it was primarily focused on institutional reforms

    • What was the key innovation introduced by the Lisbon Treaty regarding the European Parliament?

    <p>It increased the legislative powers of the European Parliament relative to the other EU institutions</p> Signup and view all the answers

    What is the significance of the EU not being a 'superstate' that will replace the member states?

    <p>The EU and the member states have a shared, cooperative relationship in governing Europe</p> Signup and view all the answers

    What is the significance of the member states being 'obliged to act in good faith' and accept binding decisions even when outvoted?

    <p>The member states have committed to a principle of sincere cooperation and solidarity within the EU framework</p> Signup and view all the answers

    What is the role of the 'trios' of Member States during their presidency of the Council of the EU (CEU)?

    <p>They act as honest brokers, planning meetings, and representing the CEU in various capacities.</p> Signup and view all the answers

    Which of the following accurately describes the voting procedures in the Council of the EU (CEU)?

    <p>The CEU uses unanimity, simple majority, and qualified majority voting, with different requirements for each.</p> Signup and view all the answers

    What is the main role of COREPER (the Committee of Permanent Representatives) in the decision-making process of the Council of the EU (CEU)?

    <p>COREPER is the main preparatory body of the CEU, with COREPER II handling high politics and COREPER I low politics.</p> Signup and view all the answers

    What is the fundamental principle that governs the relationship between the EU and its Member States in terms of the EU's competences?

    <p>The principle of conferral, which states that the EU can only act if authorized by the Treaties.</p> Signup and view all the answers

    How is the hierarchy of norms in the European Legal Order characterized?

    <p>The hierarchy includes Treaties, General Principles of EU law, and various legislative and non-legislative acts.</p> Signup and view all the answers

    Which of the following legal instruments in the EU has the highest level of binding effect?

    <p>Treaties</p> Signup and view all the answers

    What is the primary function of the Council of Ministers (CEU) in the European Union?

    <p>To exercise legislative and budgetary powers along with the European Parliament</p> Signup and view all the answers

    How does the Council of Ministers (CEU) membership differ from other EU institutions?

    <p>The configurations of CEU are determined by the European Commission</p> Signup and view all the answers

    Which Council configuration in the CEU focuses on elaborating the EU's external actions?

    <p>Foreign Affairs Council</p> Signup and view all the answers

    What is the role of the General Affairs Council within the Council of Ministers (CEU)?

    <p>Ensuring consistency among CEU configurations</p> Signup and view all the answers

    How are ministers in the Council of Ministers (CEU) expected to act regarding their governments' interests?

    <p>They are required to always act according to their government's instructions</p> Signup and view all the answers

    In what scenarios can the European Parliament bring an action to the Court of Justice against other EU institutions?

    <p>When there are acts or omissions by the European Parliament</p> Signup and view all the answers

    What is the broad interpretation of the term 'vertical' in the context of the direct effect of directives?

    <p>It applies to both public entities and private entities that are considered emanations of the state.</p> Signup and view all the answers

    In the case of Marshall v Southampton and South-West Hampshire Area Health Authority, what directive was at issue?

    <p>The 1976 Equal Treatment Directive on retirement age</p> Signup and view all the answers

    In the case of Foster v British Gas, what was the issue regarding British Gas?

    <p>Whether British Gas, as a privatized entity, could be considered a public entity for the purposes of the direct effect of directives.</p> Signup and view all the answers

    What is the principle of indirect effect, also known as consistent or harmonious interpretation?

    <p>It requires national courts to interpret national law in light of the directive's wording and purpose.</p> Signup and view all the answers

    What is the basis for the principle of indirect effect, according to the case of Von Colson and Kamann?

    <p>The Member States' obligation to achieve the result envisaged by the directive and their duty under Article 4(3) TEU to take all appropriate measures to ensure fulfillment of that obligation.</p> Signup and view all the answers

    What is the scope of the principle of indirect effect?

    <p>It applies only to situations where directives have been mis-implemented.</p> Signup and view all the answers

    What was the key consequence of the Van Gend & Loos case?

    <p>It established that EU law can be invoked by private parties against member states.</p> Signup and view all the answers

    What is the difference between 'primacy' and 'supremacy' of EU law?

    <p>Primacy refers to the practical application of EU law, while supremacy refers to the ideological understanding of EU law's authority.</p> Signup and view all the answers

    What are the criteria for a provision of EU law to have direct effect?

    <p>The provision must be unconditional and sufficiently precise.</p> Signup and view all the answers

    What did the CJEU do after the Van Gend & Loos case with regard to the criteria for direct effect?

    <p>The CJEU gradually broadened and loosened the initial criteria for direct effect.</p> Signup and view all the answers

    What was the key issue regarding the primacy of EU law that was not fully or unconditionally accepted by all member states?

    <p>The primacy of EU law over national constitutions.</p> Signup and view all the answers

    Which EU law case confirmed the primacy of EU law over national law, including national constitutions?

    <p>Case 11/70 Internationale Handelsgesellschaft</p> Signup and view all the answers

    Study Notes

    Primacy of EU Law

    • The EU law takes precedence over national law, including national constitutions (Case 11/70 Internationale Handelsgesellschaft)
    • The European Court of Justice (CJEU) consistently broadened and loosened the initial criteria for direct effect
    • Direct effect after Van Gend & Loos: a provision of EU law must be unconditional and sufficiently precise
    • Unconditional: no reservation on the part of the member state
    • Sufficiently precise: the provision is clear and concrete

    Institutional Framework

    • The European Parliament (EP)
    • The European Council (EC)
    • The Council (CEU)
    • The European Commission (COMM)
    • The Court of Justice of the European Union (CJEU)
    • The European Central Bank
    • The Court of Auditors

    Decision-Making Process

    • The Council of the European Union (CEU): Legislative and budgetary powers, coordination of MS policies, concluding international agreements, foreign and security policy
    • The CEU: Acts on behalf of one other member
    • Qualified majority voting: 55% of MS (15) and representing at least 65% of the EU population
    • No EU constitution, instead, MS have decided to transfer some of their powers to an international legal body through Treaties
    • The EU's legal actions are only as effective as the MS' legal orders allow them to be
    • CJEU: there is a European legal order that sets aside whatever national rules exist

    Competences of the EU

    • The European legal order is often associated with territorial state, hierarchy of norms that govern the exercise of public power, and the relations between citizens and the state
    • EU Constitutional Structure: Founding values and aims, democratic principles, basic principles of law, economic freedoms, horizontal requirements

    Principle of Conferral

    • The EU can only act if the Treaties explicitly authorize it to do so
    • There must always be a legal basis for EU action
    • Principle of conferral: requires respect for EU's actions, including subsidiary and proportionality, fundamental rights, national identity
    • Effectiveness: principle of sincere cooperation, principle of primacy of EU Law

    Subsidiarity and Proportionality

    • Subsidiarity: the objectives of an action cannot be sufficiently achieved by MS, but can be better achieved at Union level
    • Proportionality: the content and form of EU action must not exceed what is necessary to achieve the objectives of the Treaties
    • Applies in all cases (exclusive + non-exclusive competences)

    Hierarchy of Norms

    • Treaties and the Charter of Fundamental Rights
    • General Principles of EU law
    • Legislative Acts (Regulations and Directives)
    • Non-legislative Acts (Delegated Acts and Implementing Acts)

    Legislative Procedures

    • Ordinary Legislative Procedure

    • Special Legislative Procedure

    • The ordinary legislative procedure: default procedure, used for most areas of EU policy

    • The special legislative procedure: used for areas requiring a supermajority or unanimity### European Parliament (EP)

    • Has the right to address the EP in any of the official languages of the EU and receive an answer in the same language

    • Has the power to litigate against other Union institutions, bodies, and agencies at the Court of Justice of the European Union (CJEU)

    • Acts or omissions of the EP can also be challenged

    Council of the European Union (CEU)

    • Also known as "The Council of Ministers"
    • Consists of ministers from Member States
    • Convenes in 10 different council groups (e.g., council of interior ministers, justice ministers, etc.)
    • Has legislative power, together with the EP
    • Has budgetary power, together with the EP
    • Consists of a representative of each Member State at ministerial level, who may commit their government and cast its vote
    • Ministers in CEU act on instruction from their government and represent their government's interest, but also act as an institution of the EU and should represent the EU's interest
    • Faces potential frictions between the interests of the EU and the national interests of individual Member States

    Council Configurations

    • No fixed members in the Council
    • 10 different configurations depending on the policy area
    • The list of configurations is determined by the European Commission (EC), except for the General Affairs Council and the Foreign Affairs Council
    • Each country sends its minister or state secretary responsible for the relevant policy area
    • Configurations include:
      • General Affairs Council: ensures consistency in the work of different CEU configurations, prepares and ensures follow-up to EC meetings, and is responsible for institutional, administrative, and horizontal matters
      • Foreign Affairs Council: elaborates EU's external action, ensures consistency, and is chaired by the High Representative
      • Economic & Financial Affairs
      • Justice & Home Affairs
      • Employment, Social Policy, Health & Consumer Affairs
      • Agriculture & Fisheries
      • Environment
      • Competitiveness – including Internal Market, Industry, Research, Space
      • Education, Youth, Culture & Sport
      • Transport, Telecommunications & Energy

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