Studied by 0 people
Looks like no one added any tags here yet for you.
What is integration in EU law?
The unification of states through shared governance, shifting power to the EU. Examples: primacy of EU law and direct effect.
What is disintegration in EU law?
The process where powers are returned to Member States, such as Brexit or resistance to EU rulings.
How does differentiation create challenges for integration?
Opt-outs like Schengen and the Eurozone show how uneven adoption of EU law can weaken cohesion.
How do legal principles support integration and disintegration?
Conferral and subsidiarity limit EU powers, while proportionality ensures balance, potentially restricting overreach.
How does harmonization under Art. 114 TFEU foster integration?
By removing trade barriers and creating regulatory consistency, ensuring smooth operation of the internal market.
What are the disintegrative effects of harmonization?
Subsidiarity allows Member States to resist harmonization, especially in sensitive areas like public health (e.g., Tobacco Advertising).
How does mutual recognition balance integration and disintegration?
It supports integration by enabling home state rules to apply in host states but can lead to uneven standards.
How does the Posting of Workers Directive (PWD) reflect disintegration?
It creates tensions between high- and low-wage Member States over fair pay and competition.
How does EU environmental law promote integration?
By establishing minimum standards across Member States and requiring coordination on global challenges (e.g., emissions reduction).
What aspects of EU environmental law reflect disintegration?
Art. 193 TFEU allows Member States to implement stricter rules, leading to variation in national policies.
How does the Aarhus Convention support integration?
By ensuring transparency, public participation, and access to justice across all Member States.
How does climate litigation reflect integration trends?
Cases like Urgenda enforce EU and international commitments, holding governments accountable for collective goals.
How does competition law support EU integration?
By removing private barriers to market access and harmonizing rules across Member States.
What role do Art. 101 and 102 TFEU play in integration?
They prohibit cartels and abuse of dominance, ensuring fair competition within the internal market.
How does the focus on consumer welfare reflect disintegration?
It prioritizes economic efficiency over broader public goals like sustainability, potentially limiting cohesion.
How does digital market regulation demonstrate integration?
Cases like Google Shopping address new forms of anti-competitive behavior, adapting EU law to modern challenges.
How does the European Arrest Warrant (EAW) promote integration?
By enabling swift and standardized extradition across Member States, fostering mutual trust.
How do fundamental rights create disintegration risks in EU criminal law?
Cases like Aranyosi and LM limit mutual recognition when rights violations (e.g., prison conditions) are present.
How does harmonization in criminal law reflect integration?
Arts. 82 and 83 TFEU set minimum procedural and substantive standards, creating consistency across Member States.
What is the role of mutual trust in criminal law integration?
It underpins judicial cooperation but can be undermined by systemic deficiencies in some Member States.
How does the Brussels Effect promote integration?
By aligning global markets with EU standards, strengthening the EU’s influence beyond its borders.
How do TSD chapters in FTAs balance integration and disintegration?
They integrate sustainability goals into trade agreements but may face resistance from third countries.
How do unilateral regulations reflect integration?
Regulations like the Deforestation-Free Products Rule enforce EU values globally, leveraging its market power.
How does the Brussels Effect create challenges for disintegration?
It may disproportionately affect developing countries, leading to tensions in international relations.
How does the Polish Constitutional Court ruling reflect disintegration?
By challenging EU law supremacy, it undermines the uniform application of EU principles across Member States.
How does Art. 7 TEU promote integration?
It provides mechanisms to address rule-of-law violations, aiming to uphold EU values and cohesion.
How does populism threaten integration?
It fosters nationalism and undermines trust in EU institutions, weakening collective governance.
How does the EU enforce rule-of-law principles?
Through infringement procedures, conditionality mechanisms, and judicial oversight.
How does the ECT conflict with EU integration goals?
It protects fossil fuel investments, contradicting the EU’s climate policies and Green Deal.
How does the sunset clause in the ECT reflect disintegration?
It locks Member States into treaty obligations even after withdrawal, complicating EU climate efforts.
How does EU withdrawal from the ECT promote integration?
By aligning Member States with EU climate objectives and international agreements like the Paris Accord.
How do arbitration cases under the ECT create disintegration risks?
They fragment international law and impose financial burdens on states pursuing climate-friendly policies.
What is the Posting of Workers Directive (PWD)?
An EU law ensuring that workers temporarily posted to another Member State are subject to host state labor rules.
What is mutual recognition in EU law?
A principle where products, services, or judicial decisions from one Member State are accepted in others.
What is subsidiarity?
A legal principle where the EU acts only if objectives cannot be sufficiently achieved by Member States alone.
What is proportionality?
A principle that EU actions must not exceed what is necessary to achieve their objectives.
What is conferral?
A principle stating the EU can only act within the competences explicitly granted to it by the treaties.
What is the European Arrest Warrant (EAW)?
A mutual recognition instrument that simplifies the extradition of individuals between Member States.
What is the Aarhus Convention?
An international treaty granting public rights to access environmental information and participate in decision-making.
What is Art. 101 TFEU?
A provision prohibiting anti-competitive agreements that distort competition in the internal market.
What is Art. 102 TFEU?
A provision prohibiting the abuse of dominance by firms, such as predatory pricing or unfair trading conditions.
What is the Energy Charter Treaty (ECT)?
A 1994 treaty protecting energy investments, now criticized for protecting fossil fuels.
What is the sunset clause in the ECT?
A provision requiring states to honor treaty obligations for 20 years after withdrawal.
What is the Brussels Effect?
The EU’s ability to unilaterally shape global standards as third-country firms adopt EU regulations.
What is the Solange doctrine?
A German constitutional principle stating that EU law is applied as long as fundamental rights are adequately protected.
What is the principle of sincere cooperation (Art. 4(3) TEU)?
A requirement that Member States and the EU mutually respect and assist each other in fulfilling treaty obligations.
What is the principle of primacy of EU law?
EU law takes precedence over conflicting national law, ensuring uniform application across Member States.
What is differentiation in EU law?
Variability in the adoption of EU law by Member States, such as opt-outs.
What is the two-step test in Aranyosi and LM?
A test for European Arrest Warrants that assesses systemic deficiencies and individual risks.
What is the Tobacco Advertising case?
A key judgment where the CJEU limited the scope of harmonization under Art. 114 TFEU.
What is strategic litigation?
Legal action aimed at achieving broader societal or policy change beyond the immediate case.
What is a deforestation-free regulation?
An EU law requiring companies to ensure products sold in the EU do not contribute to global deforestation.
Note 
Flashcard (21)