Samenvatting Class notes - Europees Recht

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- Europees Recht
- 2020 - 2021
- Universiteit van Amsterdam
- Rechtsgeleerdheid
110 Flashcards en notities
2 Studenten
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Samenvatting - Class notes - Europees Recht

  • 1609887600 (1)EU law. Evolution of EU law

  • To foster        -  bevorderen
    To wage war - oorlog voeren
    Viable             - rendabel
    Scope             - reikwijdte
    Instigation    - aanzetten
    Enforcement - handhaving
    Infringement - inbreuk
    Envisage         - voor ogen hebben, voorzien
    Adhere            - zich houden
    Sham               - schijn
    Exhaustive      - Uitputtend
    Contentious     - Controversieel. Can een discussie teweegbrengen
    To be in breach - strijdig met, in strijd met
    Leeway               - speelruimte
    Deliberates        - Beraadslagen
    Duly                     - naar behoren
  • Give a compact summary or timeline of how the EU was established.
    After WWII, The Ruhr was controlled by an international authority. Because of its high concentration in coal and steel it was a region with a high interest from all (surrounding) members of the international authority. 
    The german minister Schumann noticed how Germany had no voice whatsoever. Therefore the international authority was established. Germany gave up some of their sovereignty but nevertheless they maintained a voice in the newly established ESCC -European steel and coal community;).
  • Name the main features of the ESCC.
    - It allowed Supranational decision-making
    - limited in scope ( only steel and coal )
    - Its means were trade liberalization  
    -Treaty obligation applied to its member states as well as individuals
    - Initially a centre-right political inititiative
  • What are today's main sources EU primary law
    1. Treaty on European Union
    Originally Treay of Maastricht ( 1993)
    2. Treaty on the Functioning of the European Union.
    Charter of Rome (1958) 
    3. Charter of Fundamental rights    (handvest)
  • What are the four main themes in the history of EU integration?
    - The powers of the institutions vs. The power of the member states
    - Democratic legitimacy , always a source on contention
    - Development from the beginning economic objective slowly to non-economic objectives.
    -  Geographic expansion. Initially a Western European organisation expanded in all wind directions.
  • In 1958 there was a treaty in Rome what was the main establishment and what was its main objective?
    - The establishment of an European Economic Community EEC
    - It had an economic orientation, creating a common market was the main objective. It established an engine for the European union. Way broader in scope than ESCC. 

    Enforcement of competition rules
    enforcement of eu law in general by starting infringement laws. 

    established: - European Commission 
                           - Council of ministers
                           - court of justice
                           - Common Assembly is the basis Euro Parlement. 

    ' Let's collaborate, let's give these supranational institutions power to regulate our markets. Lets remove barriers to trade and make sure to do business abroad.'
  • In 1986 The next big treaty was in Stuttgart. Single European act. Tell me something about this.
    Strengthening of the role of EP and supranational decision-making.
    Expanding collaboration in other areas( than solely economic;))

    First time the EP was relevant in the legislative process.  It could change the decision making.  (The council could only adopt proposition in unanimity)
  • The Maastricht treaty was set up in the year...? What main parts did it include?
    - Established the European Union
    - Introduced the highly impractical Pillar system. 
          - 1 pillar= supranational decision making 
          - 2 pillar = common foreign and security policy 
          -3 pillar = collaboration on criminal law ( freedom, justice and security) 
     The 2nd and 3rd was still mainly intergovernmental in essence. 
    very limited roles for The court and the EP.

    Mainly governed by the council. (De raad)
  • The treaty of Lisboa in 2009 what did it establish?
    The Lisbon treaty deleted the pillar structure, which was impractical. 
    except!! Common foreign and security policy!! Still is today very much based on inter-governmental decision-making.
    That area was still dominated by The Council.
  • 1610492400 (2)The Principle of Attribution of Powers

  • Why is the attribution of powers so important?
    It governs when, what and How the EU has power and executes it.
  • Three key questions:
    1. When does the EU have the power to adopt legally binding acts?
    2. What is the nature of that power?
    3. How does the EU exercise that power?
  • 4 topics :
    The choice of the legal basis
    The exclusive powers of the EU
    Shared powers
    Art 114 TFEU Important legalbasis for the Eu to improve the functioning of the EU's internal market. Operates in a wide area of circumstances.
  • WHat is a different word for the attribution of power in Art. 5 TEU?
    The Principle of Conferral
  • In the Principal of Conferral what is an important sentence.
    Competences no conferred upon the Union in the treaties remain with the member states 
    Thus the Eu needs a legal basis within the Treaties!
  • The legal basis provides:
    1: Whether the EU has competences to act ( Vertical division of powers)
    2: The procedure to be followed, How? (Horizontal division of powers)
    3: What kind of acts can be adopted. ( specify which type of legal act the EU can use. Sometimes the Legal basis can specify which legal instrument the EU can use.
  • In which Article can we find information on the different types of competences the EU has?
    Art. 2 TFEU. In the Article a general regulation on the different types of competences is written such as:
    - Exclusive Competence
    - Shared Competences
    - Supplementary Competences
    - Coordinating Competences
  • After Art. 2 Paragraph 1 TFEU is related to ?
    Art. 3 TFEU , exclusive competences
    Mainly in Trade. Common commercial policies. If it falls under the scope of the common commercial policies, it is only the EU that can negotiate a deal with the UK. So the member states will not make trade deals with 'other' countries.
  • When it comes to Shared Powers with the Member states, where can we find the legal basis for that?
    Art. 2(2) TFEU.
  • WHat does Pre-emption of the EU mean?
    Member states can only exercise their powers unless the EU has already adopted legally bindng rules in a particular area. Then there is so called pre-emption.
  • A few exceptions of Pre-emption of the EU are:
    - Development  cooperation of research
    - Technological development and space

    Member states can always go further than the EU has decided on that specific matter.
  • What is one of the main objectives described in art. 114 TFEU?
    The Objective must be to ' Improve the establishment and accomplishment of the internal market'

    Countries should remove the barriers to trade between member states. Or remove distortions of competition. 

    undertakings operate under the same conditions. 

    If NL has different rules than Germany then it would be no problem when the standards of the EU policy are met by all the member states.
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Laatst toegevoegde flashcards

What About the democratic control over the Council?
Art. 10 (2) TEU

Council...democratically accountable to either their Parliaments or to their people.

Art. 16 (8)TEU   
Specifies when it comes to legislative acts. 'The Council deliberates and votes in public.' National Pariliaments and citizens can have insight into the public acting of the Council.


Art. 2-5 Protocol 1 .(TOL Treaty of Lisboa) 
Draft legislative act needs to be forward to national parliaments
8 weeks,  they have to put certain checks in place to their minister that represents them in the Council.

Council rules of Procedure  ( we will work with in detail in Tutorial groups. )
Rules are more elaborated in detail in: 
-Art. 3

-Art. 5 and 7-9    

The council will deliberate and vote in public ( On visual stream, livestreams etc. All collected within the Council rules of procedure.
Tell me something about Trilogues
Trilogues are ( informal) back room meetings between the TRi three institutions: EP, Council and the Commission.  not more than 30 people.

It is a way to enhance efficacy throughout the legislative process.  this way most of the 'ordinary legislative procedures' are adopted by the first reading.
In the second and third reading, when the EP does not respond to an actwithin three months ...
It will be seen as being approved by the EP
Another important key point on the first reading is:
There is NO right of veto in the first reading. 

The EP and the Council need to adopt a position.
What is the difference between the first  on one hand and the second and third reading on the other hand?
The first reading does not have time periods. (unlimited)
The second and third reading do work with time periods.
Equality is met between the EP and The Council when it comes to:
The right of VETO and the right of amendment.
 X
X
How is the ordinary legislative procedure built up ?
Most of the decision making gets don before this process in a process of Trilogues.

But without further ado:
1. Commission proposal
2. First reading ( Art. 294 (3-6 TFEU)
   - EP and Council have to adopt a position and right of amendment

3. Second reading ( 7-12) TFEU)  
   - EP and Council have right of veto and   right of amendment
   - Time periods
   - Conciliation

4. Third reading ( 13-14 TFEU)
   -  Time periods
   -   EP and Council have right of veto and   right of amendment (through conciliation)


THE COUNCIL MUST ALWAYS NEED TO ADOPT A TEXT WITH POSITIVE VOTING. THE EUROPEAN PARLIAMENT CAN APPROVE BY NOT TAKING A DECISION WITHIN THE SECOND READING
How do we know which special legislation procedure is demanded?
We would have to look into the legal basis for it. The basis is art. 289 (2) TFEU.
The general characteristic: At least the EP and the Council NEED to be involved with the legislation
NOT necessarily the Commission needs to be involved

Look in legal basis for ' in accordance with a special legislation procedure'
What makes it difficult to initiate such a European citizens initiative?
The two requirements for a ECI:

1. 7 citizens from 7 member states may initiate a ECI subject to registration by the Commission
2. One million signatures from 7 member states to meet the Threshold!

THE RESULT IS :

Public hearing at the EP AND a communication from the Commission. In no way does the citizens' initiative bind the Commission to undertake Legislation.