Summary of European Law
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Questions and Answers

What does qualified majority voting in the Council allow for?

  • Decisions to be made by a qualified majority of member states (correct)
  • Decisions to be made without any voting
  • Decisions to be made by a simple majority of member states
  • Decisions to require unanimous agreement among all member states
  • What significant change did the co-decision procedure introduce in the European Parliament?

  • It eliminated the role of the Council in legislation
  • It established a voting system based solely on the population of member states
  • It allowed the European Parliament to act independently of the Council
  • It ensured equal footing between the European Parliament and the Council in legislative processes (correct)
  • Which position was created to coordinate the foreign policy of member states?

  • Vice-President of the European Parliament
  • High Representative for Foreign Affairs and Security Policy (correct)
  • Secretary General of the Council
  • President of the European Commission
  • Which event marked the last country to join the European Union as of 2013?

    <p>Croatia joining in 2013</p> Signup and view all the answers

    What prompted Great Britain's departure from the European Union in 2020?

    <p>Dissatisfaction with EU policies and regulations</p> Signup and view all the answers

    What is the role of the European Council?

    <p>To discuss and make decisions on general political strategies</p> Signup and view all the answers

    Who is the current President of the European Council?

    <p>Charles Michel</p> Signup and view all the answers

    How many Members of the European Parliament (MEPs) are there?

    <p>705</p> Signup and view all the answers

    Which article of the TFEU outlines the procedures for the European Parliament's involvement in legislation?

    <p>Article 294</p> Signup and view all the answers

    Which statement accurately reflects the legislative process involving the European Parliament and the Council?

    <p>Both the Council and the European Parliament must give consent.</p> Signup and view all the answers

    What is the main function of the European Commission within the legislative process?

    <p>To draft and submit legislative proposals</p> Signup and view all the answers

    Which group leads the European Parliament?

    <p>European Parliament President</p> Signup and view all the answers

    How often does the European Council meet?

    <p>At least four times a year</p> Signup and view all the answers

    What is the default voting mechanism used by the Council for most decisions?

    <p>Qualified majority</p> Signup and view all the answers

    How many Council members must oppose a decision to form a blocking minority?

    <p>4</p> Signup and view all the answers

    What percentage of Council members is needed to support a special qualified majority decision?

    <p>72%</p> Signup and view all the answers

    When is a unanimous decision required within the Council?

    <p>For highly sensitive and critical decisions</p> Signup and view all the answers

    What happens if the Council cannot reach an agreement on a proposal from the European Commission?

    <p>The matter can be referred to the ECJ for resolution</p> Signup and view all the answers

    Which mechanism is used for decisions that are not considered important?

    <p>Simple majority</p> Signup and view all the answers

    What is required for a decision to achieve a qualified majority?

    <p>Support from at least 55% of members representing at least 65% of the EU population</p> Signup and view all the answers

    Why has achieving unanimous decisions in the Council become more challenging over time?

    <p>The size of the Union has increased</p> Signup and view all the answers

    What does the company seat principle aim to achieve in relation to creditors?

    <p>It ensures the protective provisions of German company law are applied.</p> Signup and view all the answers

    Why is the company seat principle deemed too strict?

    <p>It does not allow creditors to evaluate the financial health of foreign companies.</p> Signup and view all the answers

    What does the suffix 'Ltd.' indicate to creditors according to the Inspire Art case?

    <p>That creditors should not expect any minimum capital from the company.</p> Signup and view all the answers

    How does informing creditors about a company's legal structure help in protecting them?

    <p>It provides creditors with insights into potential risks before entering business.</p> Signup and view all the answers

    What is a major consequence of the ECJ ruling in the Inspire Art case?

    <p>The minimum capital requirement was deemed unnecessary for companies from other member states.</p> Signup and view all the answers

    What is the main reason Clinique is prohibited from using its name for product sales?

    <p>It is misleading to customers.</p> Signup and view all the answers

    Which of the following best describes the nature of the restriction against Clinique's product access?

    <p>It is a level 3 measure hindering market access.</p> Signup and view all the answers

    Is it justifiable to restrict Clinique’s use of its name based on public interest?

    <p>Yes, to protect consumers from confusion.</p> Signup and view all the answers

    What does the ECJ determine about the necessity of the restriction on Clinique?

    <p>It is not necessary if alternatives exist.</p> Signup and view all the answers

    In the Bosman case, what was the main issue regarding the transfer fee?

    <p>It hindered free movement of players.</p> Signup and view all the answers

    What type of discriminatory measure does the quota on foreign players represent?

    <p>A level 1 discrimination.</p> Signup and view all the answers

    What was the context of Jean-Marc Bosman's situation?

    <p>He wanted to move after his contract expired.</p> Signup and view all the answers

    How did UEFA's rules affect the movement of the player Bosman?

    <p>They imposed financial constraints on transfers.</p> Signup and view all the answers

    What is the justification for the transfer fee in player development?

    <p>It compensates the club for its investment.</p> Signup and view all the answers

    What type of restriction is placed on foreign players regarding quotas?

    <p>Indistinct hindrance.</p> Signup and view all the answers

    Under the ECJ ruling, why can the foreign players quota not be justified?

    <p>It is considered discrimination.</p> Signup and view all the answers

    What does the freedom to provide services allow a service provider to do?

    <p>Remain in one member state while offering services elsewhere.</p> Signup and view all the answers

    What is a criterion for determining whether a measure is a hindrance to the freedom of establishment?

    <p>Whether it is an indistinct hindrance.</p> Signup and view all the answers

    How does the restriction to use a qualified attorney impact the patent application process?

    <p>It ensures correctness of legal advice.</p> Signup and view all the answers

    Is the restriction on non-German lawyers entering the German market considered discrimination?

    <p>No, it is an indistinct hindrance.</p> Signup and view all the answers

    What is the assessment regarding the necessity of the restriction on patent renewals?

    <p>It is unnecessary for patent renewals.</p> Signup and view all the answers

    Study Notes

    Summary of European Law

    • The European Union (EU) currently has 27 member states.

    • The EU has 24 official languages, with numerous (552) language combinations.

    • Croatia joined the EU in 2013

    • Countries that want to join may face restrictions, veto rights, or economic reasons.

    • Turkey is an example of a country that wants to join but has political restrictions in doing so.

    • Northern Cyprus is excluded due to not being fully incorporated into the EU legally.

    • ECSC - European Coal and Steel Community (Expired in 2002)

      • Purpose - To manage coal and steel businesses of the founding members
      • Set up - Implemented by 6 initial members (Belgium, Germany, France, Italy, Netherlands, Luxembourg).
      • Limited time - Was to be effective for 50 years.
    • Economic and Monetary Union (EMU)

      • Introduced a common currency (euro)
    • Cooperation on Justice and Home Affairs (JHA)

      • Coordinates regulations and policies on cross-border issues.
    • EU Citizenship

      • Introduced through the Treaty of Maastricht.
      • Grants rights, freedoms, and protections to EU citizens.

    Important Historical Events

    • 1958
      • European Economic Community (EEC) and European Atomic Energy Community (Euratom) - Formed through the treaty of Rome.
    • 1967
      • Merger Treaty (Brussels Treaty) - Led to the establishment of a single council and single commission within the European Communities.
    • 1968
      • Customs Union - Agreement to abolish taxes between member-states and establish a common customs tariff policy.
    • 1971
      • Community's Own Resources: The EU established resources dedicated to governing its financial operations, including a stable and independent fund source.
    • 1973
      • First enlargement round (UK, Denmark, Ireland) joined the EU.
      • Norway's choice not to join occurred due to a referendum.
    • 1979
      • Introduction to direct elections of European Parliament, Citizen's could now directly vote for their MEP's, members of the European Parliament.
    • 1981
      • Greece became a member of the EEC.
    • 1985
      • Schengen Agreement aimed to remove internal border controls for visa-free travel between participating countries.
    • 1986
    • Spain and Portugal joined the EEC.
    • 1993
      • Launch of the European Single market aiming to consolidate the free movement of goods, services, capital, and people.
      • The Treaty of Maastricht (Treaty on European Union).
        • Economic and Monetary Union (EMU): involved coordinating economic and monetary policies, implementing a common monetary policy, and a common currency (the euro).
    • 1994
      • Introduction of the European Economic Area (EEA) - Combined EFTA and EC members.
    • 1995
      • Austria, Finland, and Sweden joined the EU.
    • 1999
      • Introduction of the Euro in 1999.
    • 2003
      • The Treaty of Nice.
    • 2004
      • Enlargement round - 10 countries joined the EU.
    • 2007
      • Romania and Bulgaria joined the EU.
    • 2009
      • The Treaty of Lisbon (Reform Treaty) - Replaced the EC (European Community) with the EU, with the intention of changing and adjusting the EU to fit the greater number of member states with better efficiency and structure.
    • 2013
      • Croatia joined the EU.
    • 2020
      • Great Britain left the EU (Brexit).

    EU Institutions

    • European Council - Composed of heads of state or government of EU member states, President of the European Council, and the President of the European Commission.
    • European Parliament - Elected legislative body that represents EU citizens.
    • European Commission - Executive branch proposing EU laws.
    • Court of Justice of the European Union (CJEU) - Highest judicial authority, ensuring consistent EU law application.
    • Court of Auditors - Responsible for auditing EU finances.
    • European Central Bank (ECB) - Manages the Eurozone's monetary policy.

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