14: European Union – Flashcards

A politico-economic union of 28 member states that are located primarily in Europe. *Institutions* The EU operates through a system of supranational institutions and intergovernmental-negotiated decisions by the member states; the institutions are: 1: European Commission 2: Council of the European Union 3: European Council 4: European Parliament 5: Court of Justice of the European Union 6: European Central Bank 7: Court of Auditors. *Single market* The EU has developed a single market through a standardised system of laws that apply in all member states; within the Schengen Area, passport controls have been abolished. *Objectives* 1: Ensure the free movement of people, goods, services, and capital. 2: Enact legislation in justice and home affairs. 3: Maintain common policies on trade, agriculture, fisheries, and regional development. *Monetary union* The monetary union was established in 1999 and came into full force in 2002. *Common security policy* Through the Common Foreign and Security Policy, the EU has developed a role in external relations and defence. *Diplomatic relations* The union maintains permanent diplomatic missions throughout the world and represents itself at the United Nations, the WTO, the G8, and the G-20.

Giving a large amount of power to an authority (EU) which in theory is placed higher than the state. The European Parliament and the Council of the European Union are supranational bodies. To put it simply, after a vote, the majority result wins and all member states have to implement the decisions that have been made.

The accumulated legislation, legal acts, and court decisions which constitute the body of European Union law, and which bind all the Member States together within the European Union. *Immediate adoption by new members* Applicant countries have to accept the Community acquis before they can join the Union. To integrate into the European Union, applicant countries will have to transpose the acquis into their national legislation and implement it from the moment of their accession.

A body of treaties and legislation (regulations and directives) which have direct effect or indirect effect on the laws of European Union member states. Strictly speaking, European Union law consists of the founding Treaties (primary legislation) and the provisions of instruments enacted by the European institutions by virtue of them (secondary legislation - regulations, directives, etc.). In a broader sense, European Union law encompasses all the rules of the European Union legal order, including general principles of law, the case law of the Court of Justice, law flowing from the European Union external relations and supplementary law contained in conventions and similar agreements concluded between the Member States to give effect to Treaty provisions. *Application* EU law is directly applicable in its member states and confers rights and obligations on their authorities, businesses and individuals. *Implementation* The authorities in each member country are responsible for implementing EU legislation in national law and enforcing it correctly, and they must guarantee citizens' rights under these laws. *EU regulation* The aims set out in the EU treaties are achieved by several types of legal act. These legislative acts include regulations, directives, recommendations and opinions. Some are binding, others are not. Some apply to all EU countries, others to just a few. A national regulation not in conformity with EU law will not be valid. *Part of public international law* EU law is part of public international law, however, it is a particular type of international law: 1: EU law is higher in hierarchy than national law. 2: Member states of the EU give a part of their sovereignty to the organisation.

A treaty signed in 1951 in Paris that created the ECSC with the purpose of fostering *interdependence in coal and steel*. *Making war impossible* This interdependence would mean that a country could no longer mobilise its armed forces without others knowing. 1: Coal and steel under supranational body. 2: Dissolved in 2002 as its tasks were taken over by EC.

A treaty from 1958 signed by the Inner Six which led to the *founding of the European Economic Community and the European Atomic Energy Community*. "Treaty Establishing the European Community" The main changes of the treaty was an extension of European integration to include *general economic cooperation*. *Customs union* A progressive reduction of customs duties and the establishment of a customs union. *Common market* The creation of a common market of goods, workers, services and capital within the EEC's member states. *Common policies* The creation of common transport and agriculture policies.

A European treaty from 1965 amending the Rome treaty which streamlined EU institutions by *merging the executive bodies of the ECSC, EAEC and the EEC into a single institutional structure*. This treaty is regarded by some as the real beginning of the modern European Union.

An agreement from 1985 amending the Rome treaty which established a territory where the *free movement of persons is guaranteed*. *Abolishment of internal borders* The signatory states abolished all internal borders in lieu of a single external border. *Police and judicial cooperation* To guarantee security within the Schengen area, cooperation and coordination between police services and judicial authorities have been stepped up.

An act from 1986 which set out the objective of *establishing a single market by 1992*. *Qualified majority voting* Extension of qualified majority voting in the Council (making it harder for a single country to veto proposed legislation). *Influence to citizens* Giving the European Parliament more influence.

A treaty signed in Maastricht in 1992 by the members of the European Community that *established the European Union* and *prepared for European Monetary Union (the Euro)*. "Treaty of the European Union" *Roof over EC* In its original function of 1992, the EU functioned as a "roof" over the EC: it handled matters not dealt with by the EC such as justice, migration, security and defence. *More EU authority* Provided brother EU authority over environment, health, research. *Subsidiarity* Introduces subsidiarity concept according to which things which can be done better at local or regional level should be done at that level. *Ombudsman* Established the European Ombudsman.

The principle that EU institutions can only take actions when it is most relevant for it to do so. Thus, each time when discussing a new regulation the EU must prove that this decision would be more effective if taken at the EU-level than at a national level (and by doing so, the EU dismisses any claim that it would take decisions for instance only for the UK, France or Italy).

A treaty signed in Amsterdam in 1997 to *reform the EU institutions* in preparation for the arrival of future member countries. *Anti-discrimination* Provided authority for EU measures against discrimination. *Increased Parliament power* Achieved more democracy in the shape of increased powers for the European Parliament. *Security* More security under Common Foreign and Security Policy.

A charter signed in 2000 that brings together in a single document the *fundamental rights protected in the EU* under EU law. Contents of charter: 1: All the rights found in the case law of the Court of Justice of the EU. 2: The rights and freedoms enshrined in the European Convention on Human Rights. 3: Other rights and principles resulting from the common constitutional traditions of EU countries and other international instruments. Specifically: 1: Usual civil and political rights. 2: Freedom to conduct business. 3: The right to strike. 4: Maternity leave. 5: Protection against unjustified dismissal.

A treaty signed by European leaders in 2001 that reformed the other institutions to withstand eastward expansion, so that the EU could *function efficiently after reaching 25 member countries*. *Parliament, Council > Commission* It limited the size and composition of the Commission, and gave more authority to the democratically elected elements of the EU structure - the European Parliament and the European Council.

An unratified international treaty from 2004 intended to *establish a consolidated EU constitution*. The Treaty of Lisbon was created to replace the Constitutional Treaty; this contained many of the changes that were originally placed in the Constitutional Treaty but was formulated as amendments to the existing treaties.

A treaty signed in 2007 in Lisbon that gave member states *the explicit legal right to leave the EU* and *merged the three pillars into the single EU* (final step in integration). *EU President + High Representative* The Lisbon treaty created the function of an EU president and High Representative. *Addressing global problems with 1 voice* The purpose was to make the EU more democratic, efficient and better able to address global problems, such as climate change, with one voice. *Power to Parliament* More power to the European Parliament. Change of voting procedures in the Council. Citizens' initiative. *Clarification of power distribution* The treaty clarified which powers belong to the EU, belong to EU member countries, and which are shared.

A principal representative of the European Union (EU) on the world stage, and the person presiding over and driving forward the work of the European Council.

A treaty created every time a new member signifies its agreement to be *legally bound by and join the EU*. Contains: 1: Date of accession. 2: Results of accession negotiations and conditions. 3: Adaptations of institutions.

An EU monetary union consisting of 19 member states that have *adopted the euro as their common currency and sole legal tender*. States adopting the euro must satisfy requirements as to inflation, interest rates, budget deficits (members cannot run excessive budget deficits), public debt and exchange rate stability.

A concept of EU law where regulations require no national implementation within individual member states - they take effect as soon as they are published by the European Commission.

The supranational EU integration path through the supranational treaties establishing first the EEC, then the EC and finally the EU. Supranationalism refers to a large amount of power given to an authority which in theory is placed higher than the state (in our case this authority is the European Union)

The EU integration path through intergovernmental cooperation (monetary union) between member states, eventually brought together with the supranational path. *States decided on extent of integration* This cooperation requires approval of member states: the states can choose for themselves whether or not they want to go further into the integrative process - the UK fx does not want to join the Eurozone and start using the Euro- currency, whereas a lot of other countries do, such as Belgium). *Only binding for states choosing to adopt* Minimum 9 states must be involved in an intergovernmental union. Any acts adopted within the intergovernmental framework are only binding for the participating member states. *Limiting delegated supranational powers* Intergovernmentalism represents a way for limiting the conferral of powers upon supranational institutions, halting the emergence of common policies - in the current institutional system of the EU, the European Council and the Council play the role of the institutions which have the last word about decisions and policies of the EU, institutionalizing a de facto intergovernmental control over the EU as a whole, with the possibility to give more power to a small group of states.

ECSC: An international organisation from 1951 serving to unify European countries by creating *interdependence in coal and steel* after WWII. *Supranationalism* The ECSC was the first international organisation to be based on the principles of supranationalism, and would ultimately lead the way to the founding of the European Union. "To make war not only unthinkable but materially impossible" *Regional integration* The ECSC was the first step - the Treaty would create a common market for coal and steel among its member states which served to neutralise competition between European nations over natural resources, particularly in the Ruhr.

EAEC: An EU community founded in 1957 with the purpose of creating a common *market for nuclear power in Europe*, *developing nuclear energy* and *distributing it* to its member states while selling the surplus to non-member states. It is legally distinct from the EU, but has the same membership, and is governed by the EU's institutions.

An economic union created by the Treaty of Rome of 1957 with the aim of fostering economic integration via *an internal market and customs union* among its six founding members. *Economic freedoms* The EEC created a market with free movement of goods, persons, services and capital - the four economic freedoms. 1: In 1993 upon the formation of the EU the EEC was incorporated and renamed as the European Community. 2: In 2009 the EC's institutions were absorbed into the EU's wider framework and the community ceased to exist.

A community *derived from the EEC* in 1991 as a result of the Treaty of Maastricht. 1: The economic element disappeared from the name because it was obvious that economic integration was not the only goal of the organisation. Other types of integration was now also on the agenda - health, environmental, consumer protection, etc.

The guiding political body of the EU that *represents the interest of Member states* and *sets the general political direction*. *Heads of state* Comprises the heads of state EU member countries, along with the council's own president and the president of the Commission. *No legislative power* While the European Council has no formal legislative power, it is a strategic (and crisis-solving) body that provides the union with general political directions and priorities, and acts as a collective presidency. *Provides impetus to guide policy* The European Commission remains the sole initiator of legislation, but the European Council is able to provide impetus to guide legislative policy.

The co-legislative body of the EU that represents the interest of Member states and *passes laws with Parliament* through qualified majority. An essential EU decision-making and coordination institution composed of 28 national ministers (one per state) in different configurations depending on what the matter is (agricultural ministers if agricultural matter), and a changing president (state) every 6 months. *Legislative and budgetary powers* The Council exercises legislative and budgetary powers jointly with Parliament through the ordinary legislative procedure, also known as 'codecision'. *Foreign and security policy* The Council defines and implements EU foreign and security policy on the basis of guidelines set by the European Council (this also includes the EU's development and humanitarian aid, defence and trade).

A procedure which gives Parliament and the Council *joint legislative power to adopt legislation* proposed by the Commission. (1) Commission proposal: Commission submits legislative proposal to Parliament (2) 1st reading in Parliament: Parliament examines proposal and may adopt or amend it (3) 1st reading in Council: Council may accept Parliament's position in which case the legislative act is adopted (4) Second readings: If the two institutions cannot agree on the amendments, there will be a second reading; within this, the Parliament and the Council can propose amendments again; (5) Conciliation committee: if the amendments are accepted by both institutions, the legislation draft can be adopted; otherwise a conciliation committee meets and tries to find a solution; (6) Third readings: Parliament and Council examines the joint text and holds a final vote; -- if it either rejects it or fails to act on it, the act is not adopted and the procedure is ended; -- if it is approved by both the act is adopted

The *number of votes (majority) required in the Council* for a decision to be adopted when issues are being debated. 1: A proposed law be supported by 55% of member States. 2: Which must constitute 65% of the total population of the EU. Under the ordinary legislative procedure, the Council acts by qualified majority in codecision with the Parliament.

The executive body of the EU that *represents the interest of the EU as a whole* (and not individual members) and *proposes new laws to the Council and Parliament*. The Commission is responsible for: 1: Proposing new laws to Parliament and the Council 2: Managing the EU's budget and allocating funding 3: Enforcing EU law together with the Court of Justice 4: Representing the EU internationally, for example, by negotiating agreements between the EU and other countries. The Commission operates as a cabinet government, with 28 members of the Commission; there is one member per member state, though members are bound to represent the interests of the EU as a whole rather than their home state. *Subsidiarity* The principles of subsidiarity and proportionality mean that the Commission can legislate only where action is more effective at EU level than at national, regional or local level, and then no more than necessary to attain the agreed objectives.

A procedure where Member State committees and Parliament *monitor how the Commission implements EU law*. 1: Before the Commission can implement an EU legal act, the Commission must consult a committee where every EU country is represented. 2: The committee provides an opinion on the Commission's proposed measures - these opinions can be more or less binding on the Commission, depending on the particular procedure specified in the legal act being implemented.

The co-legislative body of the EU that *represents the interest of EU citizens* and *passes laws with the Council*. 1: Debating and passing European laws with the Council. 2: Scrutinising other EU institutions, particularly the Commission, to make sure they are working democratically. 3: Debating and adopting the EU's budget with the Council. The Parliament is composed of 751 (previously 766) members, who represent the second largest democratic electorate in the world; it has the ability to retire the entire Commission with 2/3 vote majority.

The EU institution established in 1952 that *interprets EU law to make sure it is applied in the same way in all EU countries*. 1: The institution also settles legal disputes between EU governments and EU institutions. 2: Individuals, companies or organisations can also bring cases before the Court if they feel their *rights have been infringed by an EU institution. It is composed of *one judge per member state* although it normally hears cases in panels of three, five or thirteen judges.

The central bank for the euro that *administers the monetary policy of the Eurozone* and has the *exclusive right to issue Euro bank notes*. 1: Maintain price stability within the Eurozone. 2: Define and implement the monetary policy for the Eurozone. 3: Conduct foreign exchange operations. 4: To take care of the foreign reserves of the European System of Central Banks and operation of the financial market infrastructure under.

The EU institution that *audits EU finances* and *report on the use of public funds* to improve EU financial management. To ensure that EU taxpayers get maximum value for their money, the Court of Auditors has the right to check ('audit') any person or organisation handling EU funds. The Court is composed of *one member from each EU member state*, one of whom is chosen to be its president.

An independent EU authority from 2011 which works to *maintain financial stability in the EU* and to safeguard the integrity, efficiency and orderly functioning of the banking sector. The authority achieves this by conducting stress tests on European banks to assess risks and vulnerabilities in the EU banking sector.

ESMA: an independent EU Authority that contributes to *safeguarding the stability of the European Union's financial system. ESMA contributes to the financial stability of the EU by identifying potential risks to the financial system and providing advice to diminish possible threats to the financial stability of the Union. While independent, there is full accountability towards the European Parliament. ESMA's develops a single rule book in Europe which ensures the consistent treatment of investors across the Union and promotes equal conditions of competition for financial service providers.

The chief co-ordinator and representative of the CFSP charged with *coordinating and carrying out the EU's foreign and security policy*. The high representative also represents the EU at international fora, such as the United Nations.

A freedom of the European internal market that enables *integrated, open, competitive and efficient European financial markets and services*. *Investing abroad* For citizens it means the ability to do many operations abroad, such as opening bank accounts, buying shares in non-domestic companies, investing where the best return is, and purchasing real estate. *Owning foreign companies* For companies it principally means being able to invest in and own other European companies and take an active part in their management.

A freedom of European internal market that guarantees every EU citizen the rights to *move freely* and to *stay/work in another member state*. This freedom applies to all member states' citizens regadless of nationality. Discrimination on the basis of nationality, residence and/or language is not permissible and it also includes equal treatment in basic employment conditions, remuneration, dismissal and the receipt of social advantages. *Direct obstruction* It is not allowed to charge a higher tuition fee for foreign students. *Indirect obstruction* It is not allowed to deploy measures which obstructs the free movement of persons, such as an English university making it a requirement for students to speak Dutch - this is discriminating and indirectly blocks the free movement of people. *Exceptions* 1: Language requirements - a job may require a person to speak a language if that language is necessary for succeeding at the job. 2: Public security - some jobs are only available for national citizens because public security might be a stake, such as police jobs.

The economic freedoms of the European Union gradually enacted through treaties such as the Schengen Agreement and Treaty of Amsterdam.

A freedom of the European internal market that have *abolished controls on the movement of goods within the internal market* and resulted in the EU being a single territory without internal frontiers. *Direct obstruction of goods* A state cannot restrict the number of goods being imported (it is possible to prohibit immoral objects, or dangerous objects). *Indirect obstruction of goods* Measures that apply to all goods can have an effect on the free movement of goods (banning a certain type of food-box shape).

A freedom and right of the European internal market that enables citizens to carry on economic activity in a *stable and continuous way in another member state* as well as provide services in another member state on a temporary basis *without having to be established* (cross-border services). This is to be done by removing barriers (both legal and administrative) to the development of service activities between Member States.

The citizenship automatically held by citizens of EU countries in addition to their own nationality which brings with it *a number of important rights*. 1: Move and reside freely within the EU. 2: Non-discrimination based on nationality - everyone is European. 3: Protection by the diplomatic and consular authorities of any other EU country.

An arrest warrant valid throughout the EU that *requires another member state to arrest and transfer a criminal suspect to the issuing state* so that the person can be put on trial or complete a detention period.

The law that concerns *regulation of competitive markets in the EU*, particularly to ensure that corporations do not create cartels and monopolies that would damage the economic interests of society 1: Abuse of a dominant market position within the internal market is prohibited. 2: State aid that distorts or threatens to distort competition in trade been member states is prohibited - state aid for French wine makers from the French state would not be fair towards Italian wine makers. 3: No distortion of free competition through price fixing.

"Above the nations": a type of multinational political union where *negotiated power is delegated to an authority* by governments of member states. *Between federation and confederation* A supranational union is an entity which lies somewhere between a confederation that is an association of States and a federation that is a state. Schuman: "A midway between confederalism which recognises the complete independence of States in an association and federalism which seeks to fuse them in a super-state". The EU has supranational competences, but it possesses these competences only to the extent that they are granted by its member states - within the scope of these competences, the union exercises its powers in a sovereign manner, having its own legislative, executive, and judicial authorities. Unlike states in a federal super-state, member states retain ultimate sovereignty, although some sovereignty is shared with, or ceded to, the supranational body;a type of multinational political union where negotiated power is delegated to an authority by governments of member states.

The procedure that concerns *key amendments made to the EU treaties* (such as increasing or reducing the competences of the EU). Amendments made to the treaties only enters into force after having been ratified by all Member States. 1: A member state, the Commission or Parliament submits a proposal for revising the treaties to the Council who sends them to the EP. 2: After consulting Parliament and the Commission, the president of the EP may deliver an opinion in favour of calling a conference. 3: The EP president convenes a convention which adopts by consensus a recommendation to the IGC. 4: The IGC drafts and finalises a treaty based on the convention's recommendation. 5: The subsequent amendments to the treaty enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.

The procedure establishing the EU's annual budget. 1: The Commission submits a proposal containing the draft budget to the Parliament & Council. 2: The Council adopts its position and informs Parliament in full of the reasons which led it to adopt its position. 3: If Parliament approves/does not make a decision the budget is adopted. 4: If Parliament adopts amendments to the budget, a Conciliation Committee is formed. 5: The Conciliation Committee reach an agreement on a joint text by a qualified majority. 6: If Parliament and Council agrees on the text the budget is adopted.

One of two non-binding acts within EU law that allows the institutions to *make their views known* and to *suggest a line of action without imposing any legal obligation* on those to whom it is addressed. Recommendations are without legal force but are negotiated and voted on according to the appropriate procedure. When the Commission issued a recommendation that pay structures for financial-sector employees should not encourage excessive risk taking , this did not have any legal consequences.

A process by which the European Union's member states give force to a directive by passing appropriate implementation measures. The European Commission closely monitors that transposition is timely, correctly done and implemented, so as to attain the results intended

"Guiding rule": A non-specific, binding EU act which is transposed into the national law of member states. A legal act of EU law which requires member states to achieve a particular result without dictating the means of achieving that result; it can be distinguished from regulations which are self-executing and do not require any implementing measures - directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted; directives can be adopted by means of a variety of legislative procedures depending on their subject matter.

A specific act within EU law *binding on those to whom it is addressed* (an EU country or individual company). When the Commission issued a decision fining software giant Microsoft for abusing its dominant market position , the decision applied to Microsoft only.

One of two non-binding acts within EU law that *allows the institutions to make a statement in a non-binding fashion* (without imposing any legal obligation on those to whom it is addressed). While laws are being made, the institutions/committees give opinions from their specific regional or economic and social viewpoint. E.g. the Committee of the Regions issued an opinion on how regions contribute to the EU's energy goals.

A comprehensive, binding-to-all act within EU law that *must be applied in its entirety across the EU*. When the EU wanted to protect the names of agricultural products coming from certain areas such as Parma ham, the Council adopted a regulation.

CFSP: The common foreign and security policy of the EU which enables it to *speak and act as one in world affairs*. CFSP deals only with a specific part of the EU's external relations, which domains include mainly trade and commercial policy and other areas such as funding to third countries, etc. Decisions require unanimity among member states in the Council of the European Union, but once agreed, certain aspects can be further decided by qualified majority voting - CFSP is chaired and represented by the EU's High Representative. The CFSP sees NATO as responsible for the territorial defence of Europe and reconciliation; however, since 1999, the CFSP is responsible for implementing missions, such as peace-keeping and policing of treaties.

An initiative from the 2007 Treaty of Lisbon which allows one million EU citizens to *participate directly in the development of EU policies*, by calling on the European Commission to make a legislative proposal.

A type of trade bloc (market) in which there is *free movement of capital, labour and goods* and where most trade barriers have been removed.

The *EU structure of three pillars* introduced with the Treaty of Maastricht in 1993 and abandoned in 2009 with the Treaty of Lisbon, when the EU obtained a consolidated legal personality. 1: The European Communities (EC, ECSC, EAEC) pillar handled economic, social and environmental policies regulation. The EC pillar was instructed by directives which set objectives to be achieved by a fixed date. These had to be translated into national law. The EC pillar could only pass regulation qualified majority (55% of total member states in favour= 65% total EU population). 2: The CFSP pillar took care of foreign policy and military matters. 3: JHA brought together *co-operation in the fight against crime*. The CFSP and JHA could only pass regulation with unanimous approval of all EU members, making it even more difficult for them to take legislative measure.

A committee convened to *resolve any disagreements between the Parliament and the Council* following the second reading of the co-decision legislative procedure. The committee consists of an equal number Council and Parliament members. Its mission is to reach agreement on a text acceptable to both parties.

A formal conference of EU governments convened to *discuss and negotiate amendments to treaties*. These conferences are convened under the framework of the ordinary revision procedure of the treaties.

"Study of committees": The committee system which oversees acts implemented by the European Commission under EU legislation.