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Questions and Answers

What was the main aim of the European Coal and Steel Community (ECSC)?

To prevent war by jointly producing coal and steel

What treaty established the European Economic Community (EEC)?

The Treaty of Rome

What is the role of the Commission in the EU?

It acts as the executive body and enforcer of the EU's policies

What is the role of the Council of Ministers in the EU?

<p>It represents member states' governments and is responsible for decision-making, including adopting legislation and setting policy direction.</p> Signup and view all the answers

What is the role of the European Parliament in the EU?

<p>It represents EU citizens and shares legislative and budgetary powers with the Council.</p> Signup and view all the answers

What is the role of the Court of Justice in the EU?

<p>It ensures uniform interpretation and application of EU law.</p> Signup and view all the answers

What is the focus of EURATOM?

<p>Nuclear energy</p> Signup and view all the answers

When was the European Union formally established?

<p>1992</p> Signup and view all the answers

What is the main aim of the Single European Act?

<p>To complete the internal market by 1992</p> Signup and view all the answers

What is the name of the key case that established the principle of direct effect in EU law?

<p>Van Gend en Loos</p> Signup and view all the answers

What is the doctrine of direct effect in EU law?

<p>The doctrine of direct effect allows individuals to directly invoke specific EU treaty provisions in national courts.</p> Signup and view all the answers

The three-pillar structure of the EU was abolished by the Lisbon Treaty.

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

What is the principle of conferral in EU law?

<p>The EU can only act within the limits of the competences explicitly conferred on it by the treaties.</p> Signup and view all the answers

What is subsidiarity in EU law?

<p>The EU acts only if the proposed action cannot be sufficiently achieved by member states individually, and it can be better achieved at the EU level due to its scale or effects.</p> Signup and view all the answers

What is proportionality in EU law?

<p>The EU's actions must not exceed what is necessary to achieve the objectives set out in the treaties.</p> Signup and view all the answers

What is the main difference between the European Council and the Council of the European Union?

<p>The European Council sets the EU's political direction and priorities, while the Council of the EU adopts EU laws and coordinates policies.</p> Signup and view all the answers

What are the three main categories of EU competences?

<p>Exclusive competence, shared competence, and supporting competence</p> Signup and view all the answers

How is the principle of legal certainty ensured in EU law?

<p>EU laws must be clear and predictable, and individuals can expect that EU institutions and member states will not act retroactively or arbitrarily.</p> Signup and view all the answers

What is the main source of EU law?

<p>The Treaties of European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU)</p> Signup and view all the answers

What is the principle of supremacy in EU law?

<p>EU law takes precedence over conflicting national law.</p> Signup and view all the answers

Which case established the principle of primacy in EU law?

<p>The case of Costa v ENEL.</p> Signup and view all the answers

What are the main types of secondary EU law?

<p>Regulations, directives, and decisions.</p> Signup and view all the answers

What is the difference between a regulation and a directive?

<p>A regulation is directly applicable and uniformly enforceable across all member states, while a directive requires national implementation before it can become effective.</p> Signup and view all the answers

Which EU institution has the exclusive right to propose EU legislation?

<p>The European Commission.</p> Signup and view all the answers

What are the two main legislative procedures for adopting secondary EU law?

<p>The Ordinary Legislative Procedure (OLP) and the Special Legislative Procedure (SLP).</p> Signup and view all the answers

The European Parliament has the exclusive right of initiative?

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

What is the principle of sincere cooperation in EU law?

<p>It obliges EU institutions to work together in good faith to achieve EU objectives.</p> Signup and view all the answers

What is the main difference between the European Council and the Council of the European Union (Council of Ministers)?

<p>The European Council sets the EU's political direction and priorities, while the Council of the European Union is responsible for adopting legislation and coordinating EU policies.</p> Signup and view all the answers

What is the principle of institutional balance in EU law?

<p>Each EU institution operates within the powers conferred on it by the treaties, ensuring that no single institution dominates the EU decision-making process.</p> Signup and view all the answers

What is the main function of delegated acts?

<p>They supplement or amend certain non-essential elements of the legislative acts.</p> Signup and view all the answers

What is the main function of implementing acts?

<p>They ensure uniform implementation of EU law across member states.</p> Signup and view all the answers

What is the main principle behind the qualified majority voting system (QMV) in the Council of the European Union?

<p>It combines efficiency with a degree of protection for smaller member states.</p> Signup and view all the answers

What is the principle of subsidiarity applied to the process of EU law creation?

<p>EU action is only justified if the proposed action cannot be sufficiently achieved by member states individually, and if it can be better achieved at the EU level due to its scale or effects.</p> Signup and view all the answers

What is the purpose of the preliminary reference procedure in EU law?

<p>To allow national courts to refer questions to the CJEU regarding the interpretation of EU law or the validity of EU acts.</p> Signup and view all the answers

What is the principle of consistent interpretation?

<p>National courts must interpret domestic laws, as far as possible, in line with the wording and purpose of EU law.</p> Signup and view all the answers

Under what circumstances can the Court of Justice of the European Union declare an EU act invalid?

<p>Only the Court of Justice of the European Union (CJEU) has the power to invalidate EU acts, including regulations, directives, or decisions.</p> Signup and view all the answers

What is the main aim of the infringement procedure?

<p>To ensure compliance with EU law by member states.</p> Signup and view all the answers

What is a letter of formal notice?

<p>The Commission sends a letter to a member state, outlining the alleged breach of EU law and requesting observations within a set deadline.</p> Signup and view all the answers

What is a reasoned opinion?

<p>The Commission issues a formal opinion outlining the breach of EU law and the actions required to comply with EU law.</p> Signup and view all the answers

Flashcards

EU's Institutional Framework

The EU's institutional framework consists of institutions with distinct roles, ensuring a balance between supranationalism and intergovernmentalism.

European Commission

The executive body of the EU responsible for proposing legislation, enforcing EU law, and representing the EU in international negotiations.

European Council

Sets the EU's political direction and priorities, defining strategic goals, especially on complex issues like migration and foreign policy.

Council of the European Union

Co-legislator with the European Parliament, adopts EU laws, and coordinates policies. Voting: Qualified Majority Voting (QMV) for most areas, Unanimity in sensitive areas like foreign policy.

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European Parliament

Represents EU citizens, shares legislative and budgetary powers with the Council.

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Court of Justice of the European Union

Ensures uniform interpretation and application of EU law. It resolves disputes between member states, EU institutions, and individuals.

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Conferral Principle

The EU can only act within the limits of the competences explicitly conferred on it by the treaties. Non-conferred powers stay with member states.

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Subsidiarity Principle

In areas of shared competence, the EU acts only if the action cannot be sufficiently achieved by member states and is better done at the EU level.

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Proportionality Principle

The EU's actions must not exceed what is necessary to achieve the objectives set out in the treaties.

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EU Exclusive Competences

Exclusive competences belong only to the EU. Member states cannot act without EU authorization.

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EU Shared Competences

Both the EU and member states can legislate, but EU law takes precedence.

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EU Supporting Competences

The EU can only act to support or coordinate member states' actions. EU measures cannot harmonize national laws.

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Flexibility Clause

A special provision that allows the EU to act in areas not expressly covered by treaties, requires unanimous agreement by the Council and consent of the Parliament.

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Theory of Implied Powers

The CJEU recognizes the EU's ability to act in areas implied by its conferred powers.

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Primary Law

The highest level in the EU legal hierarchy, it forms the backbone of the EU's legal system.

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Treaty on European Union (TEU)

Focuses on broad constitutional principles of the EU, such as its objectives, values, and decision-making principles.

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Treaty on the Functioning of the European Union (TFEU)

Provides detailed rules on the EU's functioning and competences, covering areas like the internal market, competition, and agriculture.

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Charter of Fundamental Rights of the European Union

Became legally binding in 2009, consolidates fundamental rights already protected under the ECHR and national constitutions.

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General Principles of EU Law

Unwritten norms derived from treaties, constitutional traditions of member states, and international law. They provide exibility and fill gaps in EU law.

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Rule of Law

Ensures all actions by EU institutions and member states comply with EU law and are subject to judicial review.

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Equality and Non-Discrimination

Prohibits unfair treatment based on nationality, gender, age, religion, or other factors.

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Legal Certainty and Legitimate Expectations

EU laws must be clear and predictable. Individuals can expect consistency and fairness from EU institutions and member states.

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Proportionality

EU actions must be appropriate, necessary, and not excessive to achieve their objectives.

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Subsidiarity

Ensures decisions are taken as closely as possible to the citizen, limiting EU action to cases where member states cannot effectively achieve the goal.

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Fundamental Rights Protection

Inspired by the ECHR and member states' constitutional traditions, it ensures individuals' basic rights are protected.

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Secondary Law

Legally binding acts created by EU institutions to implement and apply the provisions of primary law.

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EU Regulations

Binding legislative acts that apply directly and uniformly across all member states, without requiring national implementation.

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EU Directives

Binding legislative acts that specify the result to be achieved, allowing member states to choose their own implementation methods.

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EU Decisions

Binding legislative acts addressed to specific individuals, companies, or member states. Only apply to those named.

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EU Non-Binding Secondary Law

Non-binding instruments like recommendations and opinions, they influence the interpretation and development of EU law.

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Ordinary Legislative Procedure

The default and most common legislative process, where the European Parliament and the Council of the EU jointly adopt legislation.

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Special Legislative Procedure

A procedure used in specific policy areas where either the Council or the Parliament has more power.

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