Podcast
Questions and Answers
What was the primary aim of European integration following World War II?
What was the primary aim of European integration following World War II?
- To ensure lasting peace in Europe through economic integration and supranational law. (correct)
- To create a unified European currency to compete with the US dollar.
- To establish a military alliance against potential Soviet aggression.
- To promote cultural exchange and understanding among European nations.
What was the role of the United States in the early stages of European integration?
What was the role of the United States in the early stages of European integration?
- The US provided impetus via the Marshall Plan, requiring the creation of the OEEC to administer the funds. (correct)
- The US remained neutral, taking no part in the European integration process.
- The US advocated for political integration but opposed economic cooperation.
- The US actively opposed European integration, fearing a loss of influence.
Which organization was NOT created in the aftermath of World War II to foster cooperation in Europe?
Which organization was NOT created in the aftermath of World War II to foster cooperation in Europe?
- The Council of Europe.
- The North Atlantic Treaty Organization (NATO).
- The Organisation for European Economic Cooperation (OEEC).
- The European Union (EU). (correct)
What distinguishes the European Union's approach to integration from that of traditional international organizations?
What distinguishes the European Union's approach to integration from that of traditional international organizations?
Who were the key figures behind the Schuman Plan, which laid the foundation for the European Union?
Who were the key figures behind the Schuman Plan, which laid the foundation for the European Union?
In what specific area did the Schuman Plan propose cooperation?
In what specific area did the Schuman Plan propose cooperation?
What is a key characteristic of the European Convention on Human Rights (ECHR) within the context of European integration?
What is a key characteristic of the European Convention on Human Rights (ECHR) within the context of European integration?
How does the decision-making process in ‘traditional’ international organizations differ from that in the EU?
How does the decision-making process in ‘traditional’ international organizations differ from that in the EU?
What key change introduced by a new clause in the EEC Treaty revitalized the Community's legislative process?
What key change introduced by a new clause in the EEC Treaty revitalized the Community's legislative process?
Which treaty officially founded the European Union?
Which treaty officially founded the European Union?
Under the Maastricht Treaty, the EU functioned with a 'common institutional roof' over three pillars. Which of the following accurately describes the nature of these pillars?
Under the Maastricht Treaty, the EU functioned with a 'common institutional roof' over three pillars. Which of the following accurately describes the nature of these pillars?
What was the primary innovation introduced by the Treaty of Amsterdam?
What was the primary innovation introduced by the Treaty of Amsterdam?
How did the Treaty of Amsterdam modify the Justice and Home Affairs (JHA) pillar of the EU?
How did the Treaty of Amsterdam modify the Justice and Home Affairs (JHA) pillar of the EU?
What was the main objective of the Treaty of Nice?
What was the main objective of the Treaty of Nice?
Why did the Treaty Establishing a Constitution for Europe ultimately fail?
Why did the Treaty Establishing a Constitution for Europe ultimately fail?
What was a primary goal of the Lisbon Treaty?
What was a primary goal of the Lisbon Treaty?
Which of the following is NOT a core value that a European state must respect to be considered for EU membership, as stated in the Treaty on European Union (TEU)?
Which of the following is NOT a core value that a European state must respect to be considered for EU membership, as stated in the Treaty on European Union (TEU)?
What is one of the key amendments introduced by the Lisbon Treaty?
What is one of the key amendments introduced by the Lisbon Treaty?
Which criteria related to the stability of institutions would be considered under the Copenhagen criteria for EU membership?
Which criteria related to the stability of institutions would be considered under the Copenhagen criteria for EU membership?
Which treaty explicitly recognized the right of Member States to withdraw from the EU?
Which treaty explicitly recognized the right of Member States to withdraw from the EU?
What does the term 'acquis' refer to in the context of EU membership?
What does the term 'acquis' refer to in the context of EU membership?
What happened to the ECSC Treaty in 2002?
What happened to the ECSC Treaty in 2002?
Which of the following institutions provides the EU with the necessary impetus for its development and defines its general political direction?
Which of the following institutions provides the EU with the necessary impetus for its development and defines its general political direction?
Which of the following functions can the European Council NOT perform?
Which of the following functions can the European Council NOT perform?
Which of the following best describes the 'European Citizens’ Initiative' introduced by the Lisbon Treaty?
Which of the following best describes the 'European Citizens’ Initiative' introduced by the Lisbon Treaty?
How did the Lisbon Treaty change the relationship between the European Community (EC) and the European Union (EU)?
How did the Lisbon Treaty change the relationship between the European Community (EC) and the European Union (EU)?
Who chairs the Foreign Affairs Council meetings?
Who chairs the Foreign Affairs Council meetings?
Under what condition is the qualified majority in the Council defined as at least 72% of the members, representing Member States comprising at least 65% of the population of the Union?
Under what condition is the qualified majority in the Council defined as at least 72% of the members, representing Member States comprising at least 65% of the population of the Union?
How did the policy areas change concerning qualified majority voting due to the Lisbon Treaty?
How did the policy areas change concerning qualified majority voting due to the Lisbon Treaty?
Which countries were the original founding members of the ECSC, EEC, and EAC?
Which countries were the original founding members of the ECSC, EEC, and EAC?
What role does the Committee of Permanent Representatives (Coreper) play in the EU system?
What role does the Committee of Permanent Representatives (Coreper) play in the EU system?
Which of the following best describes how the European Council makes decisions?
Which of the following best describes how the European Council makes decisions?
What is the primary function of the Council of Ministers?
What is the primary function of the Council of Ministers?
Besides legislative and budgetary functions, what other role does the Council carry out?
Besides legislative and budgetary functions, what other role does the Council carry out?
If a proposal before the Council does NOT come from the Commission or the High Representative, what percentage of Council members must support it for a qualified majority to be reached?
If a proposal before the Council does NOT come from the Commission or the High Representative, what percentage of Council members must support it for a qualified majority to be reached?
Considering the composition of the European Council, which of the following individuals would participate in its meetings?
Considering the composition of the European Council, which of the following individuals would participate in its meetings?
What is the minimum number of Council members required to form a blocking minority under the standard qualified majority rule?
What is the minimum number of Council members required to form a blocking minority under the standard qualified majority rule?
Who elects the President of the European Council, and what is the duration of their term?
Who elects the President of the European Council, and what is the duration of their term?
What was the primary proposal of the Schuman Plan?
What was the primary proposal of the Schuman Plan?
Which countries were the six founding members of the European Coal and Steel Community (ECSC)?
Which countries were the six founding members of the European Coal and Steel Community (ECSC)?
What was the intended 'spill-over' effect of economic integration, as anticipated in the Schuman Plan?
What was the intended 'spill-over' effect of economic integration, as anticipated in the Schuman Plan?
Why did the attempts to establish a European Defence Community and a European Political Community fail in 1954?
Why did the attempts to establish a European Defence Community and a European Political Community fail in 1954?
What was the main goal of the Treaty Establishing the European Economic Community (EEC), signed in Rome in 1957?
What was the main goal of the Treaty Establishing the European Economic Community (EEC), signed in Rome in 1957?
Which organization was founded in 1960 by countries that did not join the European Communities?
Which organization was founded in 1960 by countries that did not join the European Communities?
What was the main disagreement between politicians favoring intergovernmental and supranational approaches within the EEC?
What was the main disagreement between politicians favoring intergovernmental and supranational approaches within the EEC?
What was the 'empty chair policy' employed by France during the EEC's early years?
What was the 'empty chair policy' employed by France during the EEC's early years?
What was the compromise reached in the 1966 Luxembourg Accords?
What was the compromise reached in the 1966 Luxembourg Accords?
How did the Luxembourg Accords affect the EEC's decision-making capacity in the years following their ratification?
How did the Luxembourg Accords affect the EEC's decision-making capacity in the years following their ratification?
What was the significance of the 1985 White Paper on the internal market?
What was the significance of the 1985 White Paper on the internal market?
What major institutional change was introduced by the 1986 Single European Act (SEA)?
What major institutional change was introduced by the 1986 Single European Act (SEA)?
Which best describes the nature of the integration approach taken by the ECSC founders, as reflected in the Schuman Plan?
Which best describes the nature of the integration approach taken by the ECSC founders, as reflected in the Schuman Plan?
How did the creation of the European Coal and Steel Community (ECSC) address concerns related to warfare materials?
How did the creation of the European Coal and Steel Community (ECSC) address concerns related to warfare materials?
What was the main reason why Austria, Denmark, Norway, Portugal, Sweden, Switzerland and the UK founded the European Free Trade Area (EFTA) instead of joining the European Communities?
What was the main reason why Austria, Denmark, Norway, Portugal, Sweden, Switzerland and the UK founded the European Free Trade Area (EFTA) instead of joining the European Communities?
In the ordinary legislative procedure, what majority is required in the Council for a decision, based on a Commission proposal?
In the ordinary legislative procedure, what majority is required in the Council for a decision, based on a Commission proposal?
According to the Treaty on the Functioning of the European Union (TFEU), what is the role of the European Parliament (EP) in special legislative procedures?
According to the Treaty on the Functioning of the European Union (TFEU), what is the role of the European Parliament (EP) in special legislative procedures?
Which of the following best describes the hierarchy of legal acts in EU law?
Which of the following best describes the hierarchy of legal acts in EU law?
Which of the following best describes the role of the European Court of Justice (ECJ) in the EU legal system?
Which of the following best describes the role of the European Court of Justice (ECJ) in the EU legal system?
The principle of conferral dictates that the EU:
The principle of conferral dictates that the EU:
If a legal act on the level of secondary law is not compliant with primary law, what recourse is available?
If a legal act on the level of secondary law is not compliant with primary law, what recourse is available?
Which of the following is NOT considered a source of EU primary law?
Which of the following is NOT considered a source of EU primary law?
What condition applies to the Commission's power to adopt non-legislative acts that supplement or amend certain non-essential elements of a legislative act?
What condition applies to the Commission's power to adopt non-legislative acts that supplement or amend certain non-essential elements of a legislative act?
In what context are implementing powers conferred on the Commission or the Council?
In what context are implementing powers conferred on the Commission or the Council?
The principle of subsidiarity applies to areas:
The principle of subsidiarity applies to areas:
Which entities typically implement EU law?
Which entities typically implement EU law?
Which of the following best exemplifies the principle of proportionality in EU law?
Which of the following best exemplifies the principle of proportionality in EU law?
In which of the following areas does the EU have exclusive competence?
In which of the following areas does the EU have exclusive competence?
In which specific areas does the EU typically engage in the 'direct implementation' of EU law?
In which specific areas does the EU typically engage in the 'direct implementation' of EU law?
What role does the General Court play in the judicial protection system of the EU?
What role does the General Court play in the judicial protection system of the EU?
What is the key distinction between exclusive and shared competence within the EU framework?
What is the key distinction between exclusive and shared competence within the EU framework?
What is the primary purpose of infringement proceedings before the CJEU?
What is the primary purpose of infringement proceedings before the CJEU?
The Treaty on European Union (TEU) primarily deals with:
The Treaty on European Union (TEU) primarily deals with:
In areas of shared competence, member states can exercise their competence:
In areas of shared competence, member states can exercise their competence:
What action can the CJEU take if a Member State fails to comply with a judgment finding it in violation of EU law?
What action can the CJEU take if a Member State fails to comply with a judgment finding it in violation of EU law?
Which treaty details the 'functioning' of the EU, specifying rules on the internal market and policies such as competition and environmental regulations?
Which treaty details the 'functioning' of the EU, specifying rules on the internal market and policies such as competition and environmental regulations?
Which entities' acts can the CJEU review for legality through annulment actions?
Which entities' acts can the CJEU review for legality through annulment actions?
What is the focus of delegated legal acts, as a form of tertiary law?
What is the focus of delegated legal acts, as a form of tertiary law?
If a national law of a member state conflicts with EU law, which principle generally prevails?
If a national law of a member state conflicts with EU law, which principle generally prevails?
Who holds the implementing powers when uniform conditions for implementing legally binding Union acts are needed?
Who holds the implementing powers when uniform conditions for implementing legally binding Union acts are needed?
EU competence to support, coordinate, or supplement actions of Member States includes which of the following areas?
EU competence to support, coordinate, or supplement actions of Member States includes which of the following areas?
Which of the following scenarios would most likely trigger the application of the principle of subsidiarity?
Which of the following scenarios would most likely trigger the application of the principle of subsidiarity?
In cases where a Member State fails to notify measures transposing directives, which procedure applies?
In cases where a Member State fails to notify measures transposing directives, which procedure applies?
Which statement accurately reflects the relationship between the TEU and TFEU?
Which statement accurately reflects the relationship between the TEU and TFEU?
A new EU directive aims to promote renewable energy sources but imposes significant costs on businesses in some member states. Which principle would be most relevant in assessing the legality and appropriateness of this directive?
A new EU directive aims to promote renewable energy sources but imposes significant costs on businesses in some member states. Which principle would be most relevant in assessing the legality and appropriateness of this directive?
Which article of the TFEU allows the Council, under specific conditions, to adopt appropriate measures if action by the EU is deemed necessary to attain treaty objectives, even when the treaties haven't provided the necessary powers?
Which article of the TFEU allows the Council, under specific conditions, to adopt appropriate measures if action by the EU is deemed necessary to attain treaty objectives, even when the treaties haven't provided the necessary powers?
EU institutions can enact further legal acts on the basis of EU primary law. What are legal acts directly based on primary law typically referred to as?
EU institutions can enact further legal acts on the basis of EU primary law. What are legal acts directly based on primary law typically referred to as?
Which of the following is a characteristic of EU regulations that distinguishes them from directives?
Which of the following is a characteristic of EU regulations that distinguishes them from directives?
What recourse does an individual have if a Member State fails to correctly implement an EU directive, and the directive's provisions are unconditional and sufficiently precise?
What recourse does an individual have if a Member State fails to correctly implement an EU directive, and the directive's provisions are unconditional and sufficiently precise?
Which of the following best describes the role of 'recommendations and opinions' in EU law?
Which of the following best describes the role of 'recommendations and opinions' in EU law?
A new EU initiative requires uniform rules across all Member States to ensure a level playing field. Which type of legal act is most appropriate for achieving this?
A new EU initiative requires uniform rules across all Member States to ensure a level playing field. Which type of legal act is most appropriate for achieving this?
A Member State fails to implement a directive by the specified deadline. What potential consequences might it face?
A Member State fails to implement a directive by the specified deadline. What potential consequences might it face?
Which statement accurately describes the application of Article 114 TFEU?
Which statement accurately describes the application of Article 114 TFEU?
Consider a scenario where the EU aims to address a new environmental challenge, but the existing treaties do not grant explicit powers to act. Which legal basis could the EU potentially use?
Consider a scenario where the EU aims to address a new environmental challenge, but the existing treaties do not grant explicit powers to act. Which legal basis could the EU potentially use?
What is the key distinction between 'legislative acts' and 'non-legislative acts' in the EU legal framework?
What is the key distinction between 'legislative acts' and 'non-legislative acts' in the EU legal framework?
If a decision specifies those to whom it is addressed, who is bound by that decision?
If a decision specifies those to whom it is addressed, who is bound by that decision?
Which of the following is an example of the EU exercising its 'implied powers'?
Which of the following is an example of the EU exercising its 'implied powers'?
Why must Member States avoid transposing regulations into national legal acts?
Why must Member States avoid transposing regulations into national legal acts?
An individual suffers harm due to a Member State's failure to correctly implement an EU directive. What legal recourse might they have?
An individual suffers harm due to a Member State's failure to correctly implement an EU directive. What legal recourse might they have?
Which of the following accurately describes the concept of 'direct effect' in the context of EU directives?
Which of the following accurately describes the concept of 'direct effect' in the context of EU directives?
Which of the following is NOT a ground upon which actions can be brought against EU institutions?
Which of the following is NOT a ground upon which actions can be brought against EU institutions?
Which entities can bring actions against EU institutions to protect their prerogatives?
Which entities can bring actions against EU institutions to protect their prerogatives?
Under what condition must a national court refer a question of EU law to the CJEU?
Under what condition must a national court refer a question of EU law to the CJEU?
What is the primary role of national courts in the preliminary reference procedure?
What is the primary role of national courts in the preliminary reference procedure?
Why has the preliminary reference procedure been particularly important for EU integration?
Why has the preliminary reference procedure been particularly important for EU integration?
Although the CJEU is not explicitly empowered to rule on national law, how does it address conflicts between EU law and national law in preliminary rulings?
Although the CJEU is not explicitly empowered to rule on national law, how does it address conflicts between EU law and national law in preliminary rulings?
The preliminary reference system has been called the 'infringement procedure of the European citizen.' Why is this the case?
The preliminary reference system has been called the 'infringement procedure of the European citizen.' Why is this the case?
Which of the following is NOT identified as a formal principle that contributes to the dynamic economic integration within the EU?
Which of the following is NOT identified as a formal principle that contributes to the dynamic economic integration within the EU?
What distinguishes the EU's institutions from other international organizations, contributing to accelerated integration?
What distinguishes the EU's institutions from other international organizations, contributing to accelerated integration?
Which substantive principle serves as a foundation of the internal market and has been defined and developed by the CJEU?
Which substantive principle serves as a foundation of the internal market and has been defined and developed by the CJEU?
What was the legal service of the High Authority aiming to achieve in its early cases before the CJEU?
What was the legal service of the High Authority aiming to achieve in its early cases before the CJEU?
In what way did the van Gend en Loos case influence the development of EU law?
In what way did the van Gend en Loos case influence the development of EU law?
Which of the following best describes how mutual recognition contributes to EU integration?
Which of the following best describes how mutual recognition contributes to EU integration?
In what way did the Single European Act primarily alter the course of European integration?
In what way did the Single European Act primarily alter the course of European integration?
Which parties can initiate actions before the CJEU based on a lack of competence of an EU institution?
Which parties can initiate actions before the CJEU based on a lack of competence of an EU institution?
What is the primary difference between the 'Council of Europe', the 'European Council', and the 'Council of the European Union'?
What is the primary difference between the 'Council of Europe', the 'European Council', and the 'Council of the European Union'?
What constitutes a 'regulatory act' against which a natural or legal person can bring an action, according to Article 263 TFEU?
What constitutes a 'regulatory act' against which a natural or legal person can bring an action, according to Article 263 TFEU?
What are the key criteria the EU would assess when considering a country's application for accession?
What are the key criteria the EU would assess when considering a country's application for accession?
What was the 'empty chair policy,' and how was it resolved within the context of the European Community?
What was the 'empty chair policy,' and how was it resolved within the context of the European Community?
Why might the Council prefer using TFEU provisions allowing it to adopt 'non-legislative' acts over those allowing it to adopt 'legislative' acts?
Why might the Council prefer using TFEU provisions allowing it to adopt 'non-legislative' acts over those allowing it to adopt 'legislative' acts?
Why is it essential that the 'essential elements' of a policy area are reserved for the empowering legislative act, rather than being delegated in regulations or directives?
Why is it essential that the 'essential elements' of a policy area are reserved for the empowering legislative act, rather than being delegated in regulations or directives?
What was the key legal innovation introduced by the CJEU in the Van Gend en Loos ruling?
What was the key legal innovation introduced by the CJEU in the Van Gend en Loos ruling?
Why might Article 352 TFEU (Treaty on the Functioning of the European Union) be viewed as a threat to the principle of conferral?
Why might Article 352 TFEU (Treaty on the Functioning of the European Union) be viewed as a threat to the principle of conferral?
What was the traditional approach in international law regarding the direct effect of international norms before the van Gend en Loos ruling?
What was the traditional approach in international law regarding the direct effect of international norms before the van Gend en Loos ruling?
According to the CJEU in van Gend en Loos, how did the EEC Treaty differ from typical international agreements?
According to the CJEU in van Gend en Loos, how did the EEC Treaty differ from typical international agreements?
What specific characteristic of the EEC Treaty norm was crucial in the CJEU's determination of direct effect in van Gend en Loos?
What specific characteristic of the EEC Treaty norm was crucial in the CJEU's determination of direct effect in van Gend en Loos?
How does the doctrine of direct effect, established in van Gend en Loos, enhance the enforcement of EU law?
How does the doctrine of direct effect, established in van Gend en Loos, enhance the enforcement of EU law?
Beyond primary law, to which other legal instruments did the CJEU extend the concept of direct effect?
Beyond primary law, to which other legal instruments did the CJEU extend the concept of direct effect?
What is the 'indirect effect' of EU law, as established by the CJEU?
What is the 'indirect effect' of EU law, as established by the CJEU?
What fundamental principle is considered essential for a true common market within the EU?
What fundamental principle is considered essential for a true common market within the EU?
What legal principle, not explicitly addressed in van Gend en Loos, was considered the 'logical next step' by the CJEU in ensuring the effectiveness of EU law?
What legal principle, not explicitly addressed in van Gend en Loos, was considered the 'logical next step' by the CJEU in ensuring the effectiveness of EU law?
In the Costa v ENEL case, what interpretive approach did the CJEU adopt in establishing the principle of EU law supremacy?
In the Costa v ENEL case, what interpretive approach did the CJEU adopt in establishing the principle of EU law supremacy?
What is the practical consequence of individuals being able to invoke EU law against member states?
What is the practical consequence of individuals being able to invoke EU law against member states?
How might a national court apply 'indirect effect' when faced with a conflict between national law and EU law?
How might a national court apply 'indirect effect' when faced with a conflict between national law and EU law?
Which of the following scenarios best illustrates the application of the principle of supremacy of EU law?
Which of the following scenarios best illustrates the application of the principle of supremacy of EU law?
What potential challenge might national administrative authorities face in taking account of the direct effect of EU law?
What potential challenge might national administrative authorities face in taking account of the direct effect of EU law?
How does the 'enforcement pull' created by the van Gend judgment contribute to the public interest?
How does the 'enforcement pull' created by the van Gend judgment contribute to the public interest?
Which situation exemplifies the limits of direct effect as it pertains to directives?
Which situation exemplifies the limits of direct effect as it pertains to directives?
What is the CJEU's stance on the supremacy of EU law relative to national law?
What is the CJEU's stance on the supremacy of EU law relative to national law?
Why have Member State courts been hesitant to fully accept the CJEU's doctrine of supremacy?
Why have Member State courts been hesitant to fully accept the CJEU's doctrine of supremacy?
How has the CJEU responded to resistance from national courts regarding the doctrine of supremacy?
How has the CJEU responded to resistance from national courts regarding the doctrine of supremacy?
What role did the doctrine of supremacy play in the development of the EU Charter of Fundamental Rights?
What role did the doctrine of supremacy play in the development of the EU Charter of Fundamental Rights?
How do the principles of direct effect and supremacy work together with the preliminary reference procedure to promote EU integration?
How do the principles of direct effect and supremacy work together with the preliminary reference procedure to promote EU integration?
What is one way preliminary rulings of the CJEU assist national courts?
What is one way preliminary rulings of the CJEU assist national courts?
How can individuals leverage the judicial coupling of direct effect and supremacy?
How can individuals leverage the judicial coupling of direct effect and supremacy?
Which area of EU law does NOT fully align with the concept of supranationalism, as described in the text?
Which area of EU law does NOT fully align with the concept of supranationalism, as described in the text?
Which of the following is NOT typically associated with supranational law, unlike traditional international law?
Which of the following is NOT typically associated with supranational law, unlike traditional international law?
What is the effect of the CJEU’s interpretation of EU law on domestic courts?
What is the effect of the CJEU’s interpretation of EU law on domestic courts?
What effect does the preliminary reference procedure have when a national court enforces EU law against its own government?
What effect does the preliminary reference procedure have when a national court enforces EU law against its own government?
How does the direct effect principle enable EU institutions to interact with individuals?
How does the direct effect principle enable EU institutions to interact with individuals?
Which of the following best exemplifies the concept of EU law as 'supranational law'?
Which of the following best exemplifies the concept of EU law as 'supranational law'?
How did the pushback from national supreme courts against the supremacy of EU law impact EU legal development?
How did the pushback from national supreme courts against the supremacy of EU law impact EU legal development?
How does Weiler describe the effect of direct effect and supremacy on EU Law?
How does Weiler describe the effect of direct effect and supremacy on EU Law?
What key function distinguishes the European Commission from other EU institutions?
What key function distinguishes the European Commission from other EU institutions?
Which statement accurately describes the legislative powers of the European Parliament (EP)?
Which statement accurately describes the legislative powers of the European Parliament (EP)?
How does the Treaty of the European Union (TEU) ensure the democratic election of EP members?
How does the Treaty of the European Union (TEU) ensure the democratic election of EP members?
Which of the following is NOT a power held by the European Parliament?
Which of the following is NOT a power held by the European Parliament?
What is the significance of the 'regressively proportional' representation of citizens in the European Parliament?
What is the significance of the 'regressively proportional' representation of citizens in the European Parliament?
What role does the European Council play in the appointment of the European Commission?
What role does the European Council play in the appointment of the European Commission?
In what way has the Lisbon Treaty strengthened the role of the President of the European Commission?
In what way has the Lisbon Treaty strengthened the role of the President of the European Commission?
Under what circumstances can the European Parliament force the European Commission to resign?
Under what circumstances can the European Parliament force the European Commission to resign?
What is the role of the advocates-general at the Court of Justice of the European Union (CJEU)?
What is the role of the advocates-general at the Court of Justice of the European Union (CJEU)?
How are the judges and advocates-general of the Court of Justice and the judges of the General Court appointed?
How are the judges and advocates-general of the Court of Justice and the judges of the General Court appointed?
According to the ordinary legislative procedure, how do the EP and Council interact?
According to the ordinary legislative procedure, how do the EP and Council interact?
What are the three keywords characterizing the functions of the European Commission?
What are the three keywords characterizing the functions of the European Commission?
The Commission ensures the application of EU law. Which of the following is an example of how it does so?
The Commission ensures the application of EU law. Which of the following is an example of how it does so?
The Commission executes the EU budget with the exception of certain areas. Which policy is one of those exceptions?
The Commission executes the EU budget with the exception of certain areas. Which policy is one of those exceptions?
How are other members of the Commission appointed (besides the president)?
How are other members of the Commission appointed (besides the president)?
Flashcards
Aim of European Integration
Aim of European Integration
To guarantee lasting peace in Europe, especially after centuries of wars.
Background to European Integration
Background to European Integration
Closer, more organised cooperation in Europe was needed to stabilise the continent after World Wars I and II.
OEEC's Creation
OEEC's Creation
The US required it for administering the Marshall Plan for Europe.
NATO
NATO
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Council of Europe
Council of Europe
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Traditional International Organizations
Traditional International Organizations
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Schuman Plan
Schuman Plan
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Origin of the Schuman Plan
Origin of the Schuman Plan
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EU Accession 1973
EU Accession 1973
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EU Accession 1981
EU Accession 1981
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EU Accession 1986
EU Accession 1986
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EU Accession 1995
EU Accession 1995
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EU Accession 2004
EU Accession 2004
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EU Accession 2007
EU Accession 2007
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EU Accession 2013
EU Accession 2013
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EU Values (Art. 49 TEU)
EU Values (Art. 49 TEU)
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Copenhagen Criteria Groups
Copenhagen Criteria Groups
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Political Criteria (EU)
Political Criteria (EU)
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Economic Criteria (EU)
Economic Criteria (EU)
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Administrative Criteria (EU)
Administrative Criteria (EU)
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European Council Role
European Council Role
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European Council members
European Council members
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Council's Functions
Council's Functions
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European Coal and Steel Community (ECSC)
European Coal and Steel Community (ECSC)
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ECSC Founding Members
ECSC Founding Members
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Supranationality
Supranationality
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Incremental Integration
Incremental Integration
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Spill-over Effect
Spill-over Effect
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Treaty of Rome
Treaty of Rome
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European Atomic Energy Community (Euratom/EAC)
European Atomic Energy Community (Euratom/EAC)
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Customs Union
Customs Union
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Common Market
Common Market
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EFTA Founding Members
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Art. 100a EEC Treaty (now Art. 114 TFEU)
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Maastricht Treaty (1993)
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First Pillar of the EU
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EU Economic and Monetary Union (EMU)
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EU after the Lisbon Treaty
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Treaty on the Functioning of the European Union (TFEU)
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Lisbon Treaty & EU Charter
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Right to withdraw from the EU
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CJEU Structure
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Art. 114 TFEU
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Art. 352 TFEU
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Fundamental Principles Developed by ECJ
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Components of EU Primary Law
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No Horizontal Direct Effect
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Unwritten Sources of EU Law
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Direct Effect of EU Law
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New Legal Order of International Law
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Legal Level Playing-Field
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Reference Procedure's Purpose
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Supranational Law Characteristics
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EU Law as Supranational
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EU law promotes transformation
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Effectiveness of higher law
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Who can bring legal actions?
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Infringement Procedure of the citizen
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Teleological Interpretation
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Study Notes
- European integration aims to secure lasting peace in Europe, addressing its history of wars through economic integration based on supranational law within the EU framework.
Historic Developments of European Integration
- Following World Wars I and II, closer European cooperation was deemed necessary for stability.
- The US played a crucial role, requiring the creation of the Organisation for European Economic Cooperation (OEEC) in 1948 to manage the Marshall Plan, later renamed OECD in 1960.
- The North Atlantic Treaty established NATO in 1949.
- The Council of Europe's Statute was signed in 1949, leading to the European Convention on Human Rights (ECHR) in 1950 and the establishment of the European Court of Human Rights (ECtHR).
- Traditional international organizations require unanimous Member State decisions and separate transposition into domestic law for effectiveness.
- The Schuman Plan, introduced on May 9, 1950, proposed integrating Franco-German coal and steel production under a common High Authority to foster economic development and European federation.
- This plan led to the establishment of the European Coal and Steel Community (ECSC) in 1952, with Belgium, France, Germany, Italy, Luxembourg, and the Netherlands as founding members.
- The ECSC placed coal and steel production, crucial for warfare, under a supranational High Authority.
- The ECSC aimed for incremental integration, anticipating further economic, social, and political steps based on a common market to create a spill-over effect for broader integration.
- Attempts to create a European Defence Community and a European Political Community failed in 1954 due to the French National Assembly's refusal to ratify them.
- The Treaty Establishing the European Economic Community (EEC) and the Treaty Establishing the European Atomic Energy Community (EAC or Euratom) were signed in Rome in 1957.
- The EEC's main goal was to establish a customs union and a common market for all production factors.
- Austria, Denmark, Norway, Portugal, Sweden, Switzerland, and the UK formed the European Free Trade Area (EFTA) in 1960, a less ambitious political and economic alliance than the European Communities.
- Integration within the EEC was hindered by tensions between intergovernmental and supranational approaches in the 1960s and 1970s.
- The EEC faced a constitutional crisis in 1966 when France, under President de Gaulle, enacted an "empty chair policy" to protest the move to majority voting in the EEC Council.
- The Luxembourg Accords of 1966 resolved the crisis by stating that when very important interests of one or more partners are at stake, the Council will strive for unanimous solutions.
- The Accords acknowledged a divergence of views on handling failures to reach complete agreement, serving as an "agreement to disagree".
- The Community's decision-making capacity was hampered by the constant pursuit of unanimity due to the threat of vetoes based on ‘vital’ national interests.
- In 1985, the Commission presented the White Paper on the internal market, outlining 279 legislative measures to complete the Internal Market by 1992.
- The 1986 Single European Act (SEA) revised the EEC Treaty and introduced majority voting, including the power to harmonize Member State laws for the internal market, thus reviving the Community’s legislative capabilities.
- The Maastricht Treaty, signed in 1992 and enacted in 1993, established the EU as a common institutional structure based on three pillars: the European Communities, the Common Foreign and Security Policy (CFSP), and Cooperation in Justice and Home Affairs (JHA).
- The first pillar was supranational, while the second and third pillars were more intergovernmental.
- The Maastricht Treaty set the stage for the EU Economic and Monetary Union (EMU).
- The Treaty of Amsterdam, signed in 1998, provided a legal basis for flexible integration, allowing some EU Member States to cooperate more closely in specific policy areas.
- The Amsterdam Treaty amended the JHA pillar by moving important areas into the first pillar and renaming the remaining third pillar Police and Judicial Co-operation in Criminal Matters (PJCC).
- The Treaty of Nice, signed in 2001 and enacted in 2003, implemented institutional changes to prepare the EU for further enlargement.
- The ECSC Treaty, established for 50 years, expired in 2002, with its tasks and competences transferred to the EC.
- In 2003, the Treaty Establishing a Constitution for Europe (Constitutional Treaty) was completed, aimed at simplifying the EU structure, but it failed ratification due to negative referenda in France and the Netherlands.
- A new reform treaty, the Lisbon Treaty, was signed in 2007 and enacted in December 2009, incorporating the main contents of the failed Constitutional Treaty without references to its ‘constitutional character’.
- Under the Lisbon Treaty, the EU succeeded the EC, while the EAC continues to exist alongside it.
- The EC Treaty was renamed the TFEU, and the EU Charter of Fundamental Rights (CFR) became legally binding.
- Policy areas with qualified majority voting in the Council were expanded, and the rights of the EU Parliament (EP) and national parliaments were strengthened.
- The European Citizens’ Initiative was introduced, and Member States' right to withdraw from the EU was explicitly recognized.
EU Enlargements
- The ECSC, EEC, and EAC were founded by Belgium, France, Germany, Italy, Luxembourg, and the Netherlands.
- Subsequent accessions:
- 1973: Denmark, Ireland, United Kingdom
- 1981: Greece
- 1986: Portugal, Spain
- 1995: Finland, Austria, Sweden
- 2004: Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia
- 2007: Bulgaria, Romania
- 2013: Croatia
- Any European state respecting the values of human dignity, freedom, democracy, equality, the rule of law, and respect for human rights may apply for EU membership.
- The 1993 Copenhagen criteria further defined accession conditions:
- Political criteria: Stability of institutions guaranteeing democracy, the rule of law, human rights, and respect for minorities.
- Economic criteria: A functioning market economy and the capacity to cope with competition and market forces.
- Administrative and institutional capacity to implement the acquis and take on membership obligations.
The EU Institutions
- The EU has an elaborate institutional framework to advance its objectives, with the power to enact legally binding acts.
- The principal institutions are the EP, the European Council, the Council, the European Commission, the Court of Justice of the European Union (CJEU), the European Central Bank (ECB), and the Court of Auditors.
- The EP, the Council, and the Commission are assisted by the Economic and Social Committee and the Committee of the Regions in an advisory capacity.
The European Council
- It provides the EU with development impetus and defines general political directions but cannot legislate.
- It consists of the Heads of State or Government of the Member States, its president, and the president of the Commission and meets at least twice every six months.
- The High Representative of the Union for Foreign Affairs and Security Policy participates in its work.
- Decisions are taken by consensus unless the Treaties stipulate majority voting.
The Council
- The Council, also called ‘Council of Ministers,’ legislates and manages the budget with the EP plus carries out policymaking and has coordinating functions.
- It includes representatives from each Member State at the ministerial level.
- It meets in ten different configurations based on the subject being discussed.
- Meetings are chaired by the minister of the Member State holding the six-month Council presidency, except for the Foreign Affairs Council, which is chaired by the High Representative of the Union for Foreign Affairs and Security Policy.
- The Council generally acts by a qualified majority.
- A qualified majority requires at least 55 percent of the Council members, with at least 15 of them, representing Member States comprising at least 65 percent of the EU population.
- A blocking minority must include at least four Council members.
- If the Council acts without a Commission proposal, a qualified majority is at least 72 percent of the members, representing Member States comprising at least 65 percent of the EU population.
- The Committee of Permanent Representatives of the Governments of the Member States (Coreper) prepares the work of the Council.
The European Parliament
- Its powers have been strengthened continuously during European integration.
- It legislates and manages the budget jointly with the Council.
- It exercises political control and consultation functions as laid down in the treaties.
- Elects the President of the Commission, and the members of the Commission are subject as a body to a vote of consent by the EP.
- The EP has a maximum of 751 representatives of the Unions’ citizens, with representation being regressively proportional and a minimum of six members per Member State.
- No Member State is allocated with more than 96 seats; Austria holds 18.
- Members of the EP are elected for five-year terms by direct universal suffrage.
- The ordinary legislative procedure, where the EP and Council are on equal footing, applies in most policy areas.
- Special legislative procedures apply only in specific cases provided by the Treaties where legal acts are adopted by the EP with Council participation or vice versa.
The European Commission
- A fully independent institution with roles as the motor of integration, with a monopoly of initiative, and guardian of EU law.
- Promotes the general interest of the Union, and EU legislative acts may only be adopted based on a Commission proposal, ensures the application of EU law, and can bring complaints before the Court of Justice.
- Enacts sanctions against private persons and enterprises in competition law, executes the EU budget, and ensures the Union’s external representation in international affairs, except for the CFSP.
- The Commission can adopt delegated and implementing legal acts.
- It consists of one national from each Member State, including its president and the High Representative of the Union for Foreign Affairs and Security Policy, with a five-year term of office.
- The Lisbon Treaty strengthened the role of the President of the Commission, who lays down guidelines, decides on internal organization, and appoints vice presidents.
- The European Council proposes the candidate for President of the Commission to the EP, who must be elected by the EP by a majority.
- The Council, by agreement with the president-elect, adopts the list of other proposed members of the Commission.
- All members of the Commission are subject to a vote of consent by the EP and appointed by the European Council.
- The Commission is answerable to the EP, and its members must resign as a body if a motion of censure is carried by the EP.
- The 28 members of the Commission act as a college, making decisions by consensus or an absolute majority vote.
The Court of Justice of the European Union
- The CJEU is based in Luxembourg and includes the Court of Justice (ECJ) and the General Court.
- The ECJ consists of one judge from each Member State, assisted by 11 advocates-general who provide non-binding proposals for rulings.
- The General Court is composed of one judge per Member State (increasing to two in 2019).
- Judges and advocates-general are appointed for six-year terms by common accord of the Member States' governments.
- The ECJ ensures the law is observed in interpreting and applying the treaties.
- The ECJ is authorized to review the legality of EU institutions' acts and to interpret EU law to guarantee uniform interpretation and application.
- The ECJ has developed fundamental principles of EU law, such as direct effect and supremacy of EU law, based on a teleological reading of the Treaties.
The Sources of EU Law
- The sources of EU law are classified into primary law and legal acts based upon primary law.
Primary Law
- EU primary law is created directly by the EU Member States and comprises the TEU and the TFEU, treaties amending primary law, Treaties of Accession, and the EU CFR.
- Unwritten sources include general principles of EU law, such as human rights.
- These instruments have the same legal rank and collectively form the EU's "constitution."
- The TEU includes general provisions on accession and withdrawal plus EU external relations and CFSP.
- The TFEU specifies rules on the internal market and EU policies, such as competition, trade, environmental, and consumer policies.
- Primary law defines the competences of the EU and the legal acts that may be adopted on their basis.
EU Competences
- The EU’s capacity to act is limited by the principle of conferral.
- The Union acts only within the competences conferred upon it by the Member States in the Treaties, with any non-conferred competences remaining with the Member States.
- The EU’s competences are further restricted by the principle of subsidiarity, meaning that the Union shall act only if the objectives cannot be sufficiently achieved by the Member States.
- Under the principle of proportionality, Union action shall not exceed what is necessary to achieve the objectives of the Treaties
- The EU has exclusive competences, shared competences, and competences to support, coordinate, or supplement Member State actions.
- Exclusive competences: Only the EU may adopt legally binding acts, including customs union, competition rules for the internal market, monetary policy for Eurozone members, conservation of marine biological resources and the common commercial policy
- Shared competences: Both the EU and Member States may adopt legally binding acts, but Member States can only act if the EU has not. Areas include the internal market, agriculture, fisheries, the environment, consumer protection, transport, and energy.
- Competences to support, coordinate, or supplement: the EU supports, coordinates, or supplements Member State actions in areas like human health, industry, culture, tourism, education, youth, sport, civil protection, and administrative cooperation.
EU Legal Acts: Secondary and Tertiary Law
- EU institutions can enact further legal acts based on EU primary law.
- Legal acts directly based on primary law are secondary law, while acts based on secondary law are tertiary law.
Form of Legal Acts
- Binding legal acts can be adopted in the form of regulations, directives, and decisions.
- Non-binding legal acts can be adopted in the form of recommendations and opinions.
- Regulations: These are similar to national acts of parliament, applying uniformly throughout the Member States. Regulations have general application, are binding in their entirety, and are directly applicable in Member States.
- Directives: They mandate a result but allow national authorities to choose the form and methods of implementation within a set deadline. Directives are used where uniformity is unnecessary and for EU objectives with existing national legal frameworks.
- Decisions: These are binding in their entirety and can be rule-making, or are addressed to particular entities meaning they are only binding for them.
- Recommendations and opinions: Non-binding legal acts that can be relevant for interpreting other legal acts.
Hierarchy of Legal Acts
- Legislative acts are always secondary law, adopted through the ordinary or special legislative procedure.
- In the ordinary legislative procedure, the Council decides by qualified majority upon a Commission proposal, and the EP decides by a majority vote.
- Non-legislative acts can be enacted by the Council or Commission based on primary law or legislative acts.
- Legal acts on the secondary level must comply with primary law, or else the CJEU can challenge them. The same is true of tertiary law (must comply with levels above).
- Tertiary law is based on legislative secondary law and consists of delegated and implementing legal acts.
- Delegated legal acts: Legislative acts delegate power to the Commission to adopt acts that supplement or amend non-essential part of the legislative act.
- Implementing legal acts: Commission have acts to confer implementing powers where uniform conditions for implementing legally binding Union acts are needed.
Implementation of EU Law
- EU law is usually implemented by Member States, i.e. 'indirect implementation'
- Member States implement EU law through national legislation, administrative actions, and court rulings.
Judicial Protection in the EU
- EU law offers various avenues for judicial protection before the CJEU which includes infringement proceedings, actions for annulment and preliminary references.
- The General Court has jurisdiction in direct actions taken by private applicants.
- Infringement Proceedings: The Commission can bring a case before the CJEU if it believes that a Member State has failed to fulfil an obligation under EU law. If the CJEU agrees, the state must comply with the Court's judgment. Failure to comply can result in a lump sum or penalty payment.
- Annulment Actions: The CJEU reviews the legality of legislative acts of the EU institutions brought on different grounds by Member States, the EP, the Council, or the Commission plus certain entities and people
- Preliminary Reference Procedure: National courts can refer questions of EU law to the CJEU for a preliminary ruling for questions of EU law.
- Courts against whose’ decisions there is no judicial remedy must refer the matter to the CJEU.
- The CJEU’s answers are to be taken into account by the national courts, which also give final judgements.
The Dynamics of EU Integration – EU Law as Supranational Law
- European integration is a process of economic and political change, resulting in formal legal principles of EU law, including direct effect, supremacy, and the preliminary reference procedure.
- There are also substantive principles, like mutual recognition, which serve as foundations of the internal market that has been defined by the CJEU in its case law.
The van Gend Ruling: The Introduction of Direct Effect
- In 1963, the Commission convinced the CJEU of its understanding of the treaty in the groundbreaking van Gend case when dealing with the EEC prohibition on Member States increasing tarrifs.
- International law leaves it to national constitutional law to decide whether or not it attributes direct effect to norms of international law.
- In the van Gend ruling, the CJEU reversed these international principles saying the EEC Treaty is more than an agreement which merely creates mutual obligations between the contracting states.’
- Citizens can invoke those supranational rights that they have before national courts as against the Member States.
- The relevant norm of the treaty contained was a clear and unconditional prohibition which did not depend on any further implementing measures by the Community or its Member States.
- Practically, any individual in the EU can now invoke Community (Union) law against every Member State.
- CJEU also requires administrative authorities to consider the direct effect of EU law and makes courts and authorities adhere to ‘indirect effect’ of EU law.
III. The Supremacy of EU Law
- The direct effect of Community and Union law to make norms more effective, dealing in particular with the internal market.
- EU law must take precedence over national law.
- The 1964 Costa/ENEL case addressed conflict between an EEC Treaty provision and an Italian act of parliament and that EU norms enjoy supremacy regarding national law.
- Supremacy is far-reaching with EU law taking precedence over any conflicting rules, but this has not been accepted by the Member State courts due to (fundamental principles of) national constitutional law, so the CJEU is to develop a comprehensive EU human rights jurisprudence,
Direct Effect, Supremacy, and Preliminary References
- The preliminary reference system has developed into the ‘infringement procedure of the European citizen’.
- Due to the doctrine of direct effect, EU institutions can reach the individual directly, without the intermediary of the Member State.
- Supreme EU law is directly infused into national proceedings through the preliminary reference procedure.
- Coupling direct effect and supremacy means individuals can force EU Member States to change national law, promoting the progress of legal, economic and political transformation.
Supranationality
- EU law constitutes supranational law, as opposed to traditional international law.
- Relevant factors: independent organs, one’s own financial resources, direct effect, supremacy, plus decisions at the supranational level can be taken against the will of Member States.
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Explore the aims, key players, and organizational milestones of European integration following World War II. Understand the unique characteristics of the European Union and its distinction from traditional international organizations. Key events and figures that shaped the EU.
