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 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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