Introduction to Law: EU Law Basics class 10

These flashcards cover the historical development, institutions, competences, sources, effects, and the four freedoms of the European Union as discussed in the lecture notes.

Winston Churchill's 1946 Zurich Speech

A 19 September 1946 speech at the University of Zurich calling for the re-creation of the European family through a partnership between France and Germany and the creation of a 'United States of Europe'.

Schuman Declaration

A proposal made on 9 May 1950 by the French Government to place Franco-German production of coal and steel under a common High Authority as a first step in the federation of Europe.

European Coal and Steel Community (ECSC)

Established by the Treaty of Paris in 1952.

European Economic Community (EEC)

Established by the Treaty of Rome in 1957, based on the 1948 BeNeLux common market.

Single European Act

Signed in 1987 to establish a Political Union.

Treaty on European Union (TEU / Maastricht)

Signed in 1992, it established the Monetary Union.

Treaty of Amsterdam

Signed in 1997, focusing on the normalisation of majority voting.

Treaty of Nice

Signed in 2001, during which the Charter of Fundamental Rights (CFREU) was declared.

Treaty of Lisbon

Signed in 2009, comprising the TEU, the Treaty on the Functioning of the EU (TFEU), and making the CFREU binding.

Copenhagen criteria

The conditions for joining the EU: 1) stable institutions guaranteeing democracy, rule of law, and human rights; 2) a functioning market economy; 3) ability to implement all EU law and adhere to Union aims.

Acquis communautaire

The body of common rights and obligations that is binding on all EU member states; preparations to implement this occur during membership negotiations.

Council of Europe (CoE)

Established in 1948 with 46 member states, focusing on human rights, democracy, and rule of law, and using the European Court of Human Rights (ECtHR).

European Council

Consists of Heads of State or Government; focuses on EU development and Common Foreign and Security Policy; meets for Euro summits twice a year.

Council of the EU

A co-legislator composed of ministers (representatives) of Member States (e.g., ECOFIN, COMPET, EPSCO) with a presidency rotating every six months.

European Commission (COM)

The 'Guardian of the Treaties' with the right to initiative; consists of 1 Commissioner per Member State and approximately $32,000$ staff.

European Parliament (EP)

A co-legislator representing EU citizens through direct elections, consisting of $720$ MEPs; it approves the budget and supervises the Commission.

Court of Justice of the EU (CJEU)

Provides binding interpretation of EU Law through preliminary procedures and limited direct actions.

European Central Bank (ECB)

Responsible for the monetary policy of the EU and price stability, cooperating with national banks in the Eurozone.

Democratic deficit

A concept questioning whether there are sufficient checks and balances, democratic oversight, and representation of European people(s) within the EU set-up.

Exclusive competence

EU legislative powers in areas where only the EU can legislate, such as customs, competition rules, and monetary policy.

Shared competence

Legislative powers shared between the EU and Member States, including internal market, consumer protection, labour, and environment.

Supporting competence

Areas where the EU can only support, coordinate, or supplement Member State action, such as health, culture, employment, and education.

Spillover

A situation where the realisation of one aim requires the realisation of other things, such as addressing deregulatory externalities of free movement.

Spillback

A situation where a blockage in one area negatively affects another, such as lack of common tax rules limiting the 4 freedoms.

Qualified Majority Voting (QMV)

A voting requirement in the Council needing $55\%$ of States representing $65\%$ of the population to pass legislation.

Trialogue

A search for compromise between the European Commission, European Parliament, and the Council during the legislative process.

Primary Law

The highest level of EU law (Lex superior), including the TEU, TFEU, CFREU, and unwritten General principles.

Secondary Law

Legislation derived from Primary Law, consisting of Regulations, Directives, and Decisions.

Regulations

A type of secondary law that is directly binding on all legal subjects.

Directives

A type of secondary law binding only on Member States regarding the result to be achieved, requiring 'transposition' into national law.

Van Gend & Loos (1963)

A landmark case establishing that EU law (then Community law) produces direct effects and creates individual rights which national courts must protect.

Costa v Enel (1964)

A landmark case establishing the principle of primacy, stating that EU law cannot be overridden by domestic legal provisions.

Defrenne II (1976)

A case establishing that the prohibition of discrimination (equal pay) applies to public authorities, collective agreements, and contracts between individuals.

Principle of direct effect

The rule that EU provisions are directly applied by domestic courts if they are unconditional and sufficiently precise; always applies in vertical cases.

Vertical vs Horizontal cases

Vertical cases involve a private person vs the State; horizontal cases involve private persons vs private persons (where Directives are not applicable for direct effect).

Supranational

A system with independent institutions, autonomous decision-making (majority decisions), and an autonomous legal order enforced by institutions.

Intergovernmental

The usual form in public international law where states remain fully sovereign and decisions require state consent with voluntary implementation.

The 4 freedoms

The core of the EU internal market: free movement of Goods, Persons, Services, and Capital.

Cassis de Dijon (1978)

A case establishing that goods lawfully produced in one Member State should be allowed in others, unless restrictions are necessary for public health, fiscal supervision, or consumer defense.