Podcast
Questions and Answers
What is the primary task of the Court of Justice of the EU?
What is the primary task of the Court of Justice of the EU?
- To provide legal representation for citizens.
- To examine the legality of EU measures. (correct)
- To create laws for the EU member states.
- To manage the financial operations of the EU.
Which court was created in 1988 as part of the Court of Justice of the EU?
Which court was created in 1988 as part of the Court of Justice of the EU?
- The General Court (correct)
- The Supreme Court of Europe
- The Civil Service Tribunal
- The Court of Justice
What does the first pillar of the EU structure relate to?
What does the first pillar of the EU structure relate to?
- Economic sanctions against member states.
- Judicial cooperation in criminal matters.
- Legal matters concerning the EU Common Foreign and Security Policy.
- Economic and social rights. (correct)
Under which treaty was the Common Foreign and Security Policy established?
Under which treaty was the Common Foreign and Security Policy established?
What form of legislation serves as the foundational legal basis of the EU?
What form of legislation serves as the foundational legal basis of the EU?
What legal concept do the treaties of the EU embody?
What legal concept do the treaties of the EU embody?
What distinguishes secondary legislation from primary legislation in the EU?
What distinguishes secondary legislation from primary legislation in the EU?
What is the third pillar of the EU structure focused on?
What is the third pillar of the EU structure focused on?
What is the primary function of secondary legislation in the EU?
What is the primary function of secondary legislation in the EU?
Which type of EU legislation is binding and must be applied in its entirety across the EU?
Which type of EU legislation is binding and must be applied in its entirety across the EU?
What distinguishes a Directive from a Regulation in EU law?
What distinguishes a Directive from a Regulation in EU law?
What is the nature of a Recommendation issued by EU institutions?
What is the nature of a Recommendation issued by EU institutions?
Which statement is true regarding the supremacy of EU law over national law?
Which statement is true regarding the supremacy of EU law over national law?
What characterizes the 'horizontal' direct effect of EU law?
What characterizes the 'horizontal' direct effect of EU law?
Which type of EU law allows member states to decide how to implement it into national law?
Which type of EU law allows member states to decide how to implement it into national law?
What is the primary role of a Decision issued by the Court of Justice or European Commission?
What is the primary role of a Decision issued by the Court of Justice or European Commission?
What is the primary purpose of regional economic integration?
What is the primary purpose of regional economic integration?
Which principle ensures that a trade advantage given to one country must be extended to all WTO members?
Which principle ensures that a trade advantage given to one country must be extended to all WTO members?
What is a characteristic of a free trade area?
What is a characteristic of a free trade area?
Which of the following is an example of regional economic integration?
Which of the following is an example of regional economic integration?
What does the WTO require from countries regarding new trade agreements?
What does the WTO require from countries regarding new trade agreements?
What is the goal of diversified free trade agreements?
What is the goal of diversified free trade agreements?
Which regional agreement is known for being the most comprehensive trade and investment pact since the WTO's creation?
Which regional agreement is known for being the most comprehensive trade and investment pact since the WTO's creation?
Regional agreements should not create what kind of advantages?
Regional agreements should not create what kind of advantages?
What is one of the main goals of the TPP?
What is one of the main goals of the TPP?
How does the TPP address intellectual property concerning pharmaceuticals?
How does the TPP address intellectual property concerning pharmaceuticals?
Which of the following is a feature of TPP in the services and investment sector?
Which of the following is a feature of TPP in the services and investment sector?
What does the TPP aim to ensure regarding digital trade?
What does the TPP aim to ensure regarding digital trade?
What criticism is associated with financial services commitments under the TPP?
What criticism is associated with financial services commitments under the TPP?
Which statement correctly describes the TPP's approach to trade and investment barriers?
Which statement correctly describes the TPP's approach to trade and investment barriers?
What is true about the TPP's status as an agreement?
What is true about the TPP's status as an agreement?
What does the TPP emphasize about innovation in pharmaceuticals?
What does the TPP emphasize about innovation in pharmaceuticals?
What is a requirement for a country to join the TPP?
What is a requirement for a country to join the TPP?
What is the main philosophy behind the creation of the EU?
What is the main philosophy behind the creation of the EU?
Which body of the EU sets overall guidelines for EU policies?
Which body of the EU sets overall guidelines for EU policies?
How often does the European Council meet?
How often does the European Council meet?
What role does the European Parliament play in the EU?
What role does the European Parliament play in the EU?
Who represents member states in the Council of Ministers?
Who represents member states in the Council of Ministers?
What is the executive body of the EU called?
What is the executive body of the EU called?
What is one of the main functions of the European Parliament?
What is one of the main functions of the European Parliament?
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Study Notes
WTO Rules on Regional Economic Integration
- The World Trade Organization (WTO) oversees regional economic integration, allowing countries to collaborate on trade to enhance economic ties.
- Regional economic integration involves agreements that facilitate trade, such as free trade areas, customs unions, and common markets.
- Countries forming regional agreements must adhere to WTO rules to avoid harming trade with nations outside the region.
- The Most-Favored-Nation (MFN) principle mandates that special trade advantages offered to one country must also be extended to all WTO members, ensuring fair trade practices.
- Transparency requires countries to inform the WTO about new trade agreements, aiding member nations in adapting to changes.
- The WTO supports regional agreements benefiting developing countries by improving trade opportunities.
Examples of Regional Economic Integration
- European Union (EU): Functions as a free trade area, customs union, and common market while complying with WTO standards.
- North American Free Trade Agreement (NAFTA): Prioritizes free trade, investment, and labor/environmental standards among member countries.
Evolution of Regional Economic Integration Models
- Free Trade Area: Basic form of economic cooperation with no trade barriers among members, while allowing independent trade policies with non-member nations. Example: NAFTA.
- Diversified Free Trade Agreement: Expands the variety of goods and services traded, exploring new trading possibilities.
- Trans-Pacific Economic Strategic Partnership Agreement (TPP): A comprehensive pact aimed at eliminating trade and investment barriers, creating innovative rules for domestic policies impacting trade.
TPP Highlights
- Intellectual Property: Establishes new patent rules, including patent linkages and term extensions, aligning closer with US practices.
- Data Protection: Sets criteria for the protection of patented drugs, balancing innovation with accessibility to medicines.
- Services and Investment: Enhances services trade by addressing non-tariff barriers; constraints are placed on state-run postal services while allowing data localization.
- Digital Trade/E-commerce: Promotes a free market for digital goods and online services; prohibits data localization for business operations.
- TPP Expansion: Open to all countries that can comply with its obligations, allowing for broader membership beyond APEC nations.
EU Law and External Relations
- The EU was established post-World War II to promote economic cooperation and interdependence, preventing conflict among member nations.
- Key figures: Winston Churchill, Konrad Adenauer, Alcide De Gasperi.
EU Institutions
- European Council: Comprises heads of state and government; sets overall guidelines for EU policies.
- European Parliament: Directly elected body representing EU citizens; co-decides laws and budget with the Council of Ministers.
- Council of Ministers: Supreme decision-making body; represents member states usually through foreign affairs ministers.
- European Commission: Executive body promoting common interests; consists of independent members from each EU country.
- Court of Justice of the EU: Judicial institution ensuring legality and consistent application of EU law.
Structure: The Three Pillars of the EU
- First Pillar: Economic and social rights established in the Treaty of the European Communities (1957).
- Second Pillar: EU Common Foreign and Security Policy (CFSP) initiated under the Treaty of the European Union (1992).
- Third Pillar: Police and Judicial Cooperation in Criminal Matters, established under the TEU.
Sources of EU Law
- Primary Legislation: Treaties serve as the constitutional law of the EU, dictating objectives, rules, and institutional relationships.
- Secondary Legislation: Encompasses regulations, directives, and decisions derived from treaties, defining how treaty objectives are met.
- Regulations: Binding across the EU, directly applicable without requiring national legislation.
- Directives: Provide goals for member states to achieve, allowing flexibility in implementation.
- Decisions: Binding directives addressed to specific entities within the EU; enforceable immediately.
- Recommendations and Opinions: Non-binding suggestions that provide guidance from EU institutions.
Supremacy of EU Law
- EU law prevails over national laws in instances of conflict, including cases relating to economic and social policy.
Direct Effect of EU Law
- Horizontal Direct Effect: EU treaties and regulations allow citizens to rely on these acts in disputes without national integration.
- Vertical Direct Effect: Directives require member states to integrate into national law, granting some discretion in implementation.
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