Glossary of EU Integration midterm: EU Law

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when was the European Union name suggested?
Paris Summit 1972
what is the difference between the EC and the EU?
the EC is only one pillar, the supranational pillar, whereas EU is an overall framework of the union including three pillars (other two are intergovernmental)
not legally binding
specifications of provisions in treaty; define HOW
what is the second pillar?
Common Foreign and Security Policy and Common Security and Defense Policy
what is the third pillar?
Police and Judicial Cooperation in Criminal Matters
Which communities does the first pillar involve?
European Economic Committee and European Atomic Energy Committee
Which Institutions are included in the first pillar?
European COmmission
European Parliament
European Court of Justice
European COurt of Auditors
What is the purpose of the second pillar
union's relations toward third-states and IO and defense identity
what is the purpose of the third pillar?
creation of area of freedom, security and justice through development of common action in the fields of police and judicial cooperation
what are the four characteristics of supranationality?
1 - primacy
2 - direct effect
3 - autonomy of primacy of community law
4 - financial autonomy
what are the three interpretations of supranationality?
1 - federal interpretation: EC compared with federal state
2 - interpretation by international law: EC = IO
3 - EC's interpretation: 'special'; suis generic order
is EC national or international law?
autonomous legal order, neither
does the EU have any legal personality?
NO; only the first pillar, not the roof
exclusive competences
EC can pass laws in these areas and states have no right to negotiate
mixed competence
no one knows; member states have competence as long as EC doesnt pass anything
development policy
EC only helps the member state to reach certain objectives (States competency)
tasks of the EC
establish common market
establish common economic and currency union
measures to reach these
competing competences
as long as EC doesn't use competences, member state is free to do it
parallel competences
community as well as member states have right to make laws, but PRIMACY OF COMMUNITY LAW
Cassis de Dijon Judgement
1979: mutual recognition: harmonization of law: mutually recognize systems of judgement
Enhanced Cooperation or Felxibility
group of states under certain circumstances and strict criteria can advance in certain areas of the first pillar and the third
Principle of Specific Conferment of Powers
enlargement of policy areas must be in treaties; EC needs legal ground for every direction, regulation, etc.
Article 308
flexible development of the competences in EC treaty; if necessary for function of common market, council can act
principles of subsidarity
laws passed as close to citizens as possible
protocol 21
specify criteria for principle of subsidarity
Costa vs ENEL
primacy; 1964
Simmenthal Case
(1978) member states must refrain from enacting conflicting laws to EC law in future
Van Gend en Loos case
1963 Direct effect
four freedoms of the EU
1 - capital
2 - services
3 - goods
4 - persons
binding at EU and national level; no transposition to national law necessary
most common; objective but means and method left to states
specific to member states or individual; binding
recommmendation; opinions
can be addressed to any state or citizen, not binding
what are the four legal instruments?

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