European Union Structure and Policies

These flashcards encompass key vocabulary and definitions related to the European Union's structure, policies, and integration processes.

Supranational

Having power or influence that transcends national boundaries or governments.

Supranational institution

An institution where member countries cede some authority, allowing it to make binding decisions that surpass national laws.

Ordinary Legislative Procedure

The primary lawmaking method of the EU requiring agreement between Parliament and the Council on a text for adoption.

Spitzenkandidaten

A method linking the choice of President to the outcome of European Parliament elections, where major parties nominate candidates.

Europe a la carte

A flexible model of European integration allowing member states to select which EU laws or policies to adopt.

Pillar Structure

Refers to the three pillars established by the Maastricht Treaty, dividing EU activities into distinct areas of competence.

Pillar 1 = the European Communities

Pillar 2 = Common Foreign and Security Policy

Pillar 3 = Cooperation on Justice and Home Affairs

Luxembourg Compromise

An informal agreement allowing any member state to veto decisions vital to its national interests.

Treaty of Amsterdam

A treaty that shifted the Justice and Home Affairs pillar into the first pillar of the European Union. Reforms to Pillar 2, post of High Representative

Common Foreign and Security Policy

The EU's approach to foreign affairs and security based on intergovernmental cooperation.

Direct Effect

The principle that EU law can confer rights directly upon individuals that national courts must protect.

Cassis de Dijon Principle

The principle allowing products legally sold in one EU country to be sold in any other regardless of national regulations.

Legitimacy

The acceptance of authority by the governed, which can be legal, normative, or sociological in nature.

Regulation

An EU legislative act that is directly applicable in all member states without needing national implementation.

Directive

An EU legislative act that sets binding goals for member states to achieve through their own laws.

Decision (EU Law)

A fully binding legislative act that can be addressed to specific entities or be generally binding.

Fair Competition

The aim of the Digital Markets Act to restrict the power of large tech companies to ensure market fairness.

Temporary Protection Directive

EU provision allowing displaced individuals, like Ukrainians, to access rights in member states during crises.

Copenhagen Criteria

Criteria that candidate countries must fulfill to join the EU, including democracy and a functioning market economy.

Brexit

The process of the United Kingdom's withdrawal from the European Union, initiated by the 2016 referendum.

Qualified Majority Voting

A voting system in the Council of the EU where decisions can be made with a certain threshold of member support.

Multi-Level Governance

A system emphasizing the distribution of authority across various levels of government, including regional and EU institutions.

EU Citizenship

Status granted to individuals by the Maastricht Treaty, allowing free movement and residence within EU member states.

Subsidiarity Principle

The principle that the EU should only act in areas where action at the national, regional, or local level is less effective than action at the Union level.

Proportionality Principle

A rule stating that the content and form of EU action must not exceed what is necessary to achieve the objectives of the Treaties.

Primacy of EU Law

The legal doctrine established by the Court of Justice ensuring that EU law takes precedence over conflicting national laws of member states.

European Commission

The executive arm of the EU responsible for proposing legislation, implementing decisions, and upholding the Union's treaties.

European Council

The institution consisting of the heads of state or government of member states, defining the EU's general political direction and priorities.

Court of Justice of the European Union (CJEU)

The judicial authority of the EU that ensures EU law is interpreted and applied consistently across all member states.

Treaty of Lisbon

The treaty signed in 2007 and effective in 2009 that streamlined EU institutions, increased the power of the European Parliament, and abolished the pillar structure. Used less constitutional language and fewer references to symbolism

Schengen Agreement

A treaty allowing for the abolition of internal border controls between participating European countries, facilitating the free movement of people.

Democratic Deficit

A criticism that the EU and its various institutions lack democratic accountability and appear inaccessible to the ordinary citizen.

Mutual Recognition

A principle where member states must allow goods legally produced in another member state to be sold in their own market, rooted in the Cassis de Dijon ruling.

The Schuman Plan

1950 - presented by French Foreign Minister Robert Schuman but the brainchild of Jean Monet. To make any war between France and Germany not merely unthinkable but impossible. Pooling coal and steel production and placing them under one high authority

The Paris Treaty

1951 agreement establishing the European Coal and Steel Community, fostering economic cooperation between Belgium, France, Italy, Luxembourg, the Netherlands, and West Germany.

The Treaties of Rome

1957 agreements that established the European Economic Community (EEC) and the European Atomic Energy Community (EURATOM), promoting economic integration and cooperation among member states.

The Empty Chair Crisis (1965)

A political crisis in the European Economic Community caused by France's withdrawal from EEC meetings to protest against proposed reforms. It highlighted tensions between member states and led to the Luxembourg Compromise

Enlargement

refers to the process of increasing the number of member states in the European Union, allowing for greater integration and cooperation.

Treaty on the European Union (Maastricht Treaty)

Signed in 1992, the Treaty on the European Union created the EU and expanded cooperation in various areas, including economic, foreign, and security policies. Set timeline for Economic Monetary Union, EU citizenship and 3 pillar structure

Treaty of Nice

2001. Dealing with how to prepare the EU for the prospect of bigbang enlargement, from an institutional perspective

Euroskepticism

2004, rejected treaty establishing a Constitution for Europe in Netherlands and France

Neofunctionalism

Explains why and how states integrate into supranational organisations like the EU. Integration is spillover driven. Supranational actors and interest groups push integration forward

Functional Spillover

integration in one area raises functional demands for further integration in another area

Political Spillover

national political elites and interest groups shift their focus from more national solutions for advocating for supranational cooperation

Cultivated Spillover

Supranational actors (eg. Commission or ECJ) drive further integration to increase their own power

Intergovernmentalism

State-centric approach to EU integration States are in control of EU integration, states act rationally and pursue their self-interest. States support EU integration when the benefits outweighs its costs

Classical Intergovernmentalism

Critique of neo-functionalism. States are central actors, national governments control the pace and scope of integration. Supranational institutions exist only because states allow them. Integration can work in areas of low politics (ie. economic integration) but not high politics

Liberal Intergovernmentalism

Focuses on states’ preferences and power. National preferences matter most. Governments negotiate in the EU based on domestic economic, political and societal interests. Negotiations at 2 levels. 1. Domestic level (demand side). 2. International level (supply side)

Multi-level governance

Challenges the state-centric of liberal intergovernmentalism. National executives are unable to control how interests within individual states are represented. Multi-level refers to the influence of EU-level actors and regional actors, alongside representatives of national executives. Distribution of authority across multiple levels of government

Post Functionalism

Emphasises identity, public opinion and politicisation. Integration is constrained by identity and public opinion. Citizens’ attachment to national identity limits integration. EU issues are increasingly debated and contested in the public sphere, making integration a highly politicised process.
Policies that are functionally rationally may not be politically feasible. From permissible consensus to a constraining dissensus

Special Legislative Procedure

The council is the only legislator and the Parliament is required to either, consent to the commission’s proposal or be consulted on it

European Court of Justice (CJEU)

Created by the ECSC 1951. Responsible for interpreting EU law and ensuring it is applied uniformly across all member states

Van Gend en Loos 1963

Direct Effect. EU law can give rights directly to individuals

Costa v Enel 1964

EU law is superior to national law

Cassis de Dijon 1979

Mutual Recognition. Products lawfully sold in one EU country can be sold in any other, even if national rules are stricter

Viking Line Case 2007

The right to strikes is fundamental but that action can limit a company’s EU market freedoms, unless justified and proportionate under EU law

Laval Case 2007

Collective action can fall under EU economic freedoms. Union action that obstructs must be justified and proportionate under EU law

Legitimacy

The belief that a governing power has a right to rule and exercises that rule properly. Legitimacy can be conceived: legally, normatively, sociologically

Republic tradition

The polity is prior to the individual and essential for the development of human capabilities. The powers of government must be employed for the common good. EU more republic tradition

Liberal tradition

Priority is given to the individual rather than the polity. The state is justified by the need to protect individual interests

EU Binding Acts - Regulation

Directly applicable EU law. Applied automatically in every MS the moment it enters into force. Uniform rules across the EU

EU binding Acts - Directive

binding goals but flexible national implementation. Each MS decides how to achieve the goal through national laws

EU binding acts - decisions

fully binding. Flexible and procedural form (legislative, delegated, implementing)

EU binding acts - Common Foreign and Security Policy

Binding but not legislative acts. Used for sanctions, missions, diplomatic positions

EU binding acts - International agreements

EU treaties with third countries/organisations. Bind both the EU and MS

EU binding acts - interinstitutional agreements

binding between EU institutions. Regulate working methods (eg. budgetary cooperation)

exclusive competences

only the eu may legislative and adopt legally binding acts

eg. customs union, monetary policy, international agreements

shared competences

EU acts first, state can only act is the EU has not exercised its competence or to implement EU law

eg. enlargement, social policy, agriculture and fisheries, environment, energy

supporting, coordinating and supplementary competences

the eu does not have the power to harmonise EU law. the EU may only support, coordinate or supplement the actions of MS

eg. health, tourism, culture, education

Coordination

The EU promotes alignment and convergence

eg. economic policy, employment, pensions, poverty reduction

Intergovernmental coordination

eg. Common Foreign and Security Policy

Policy cycle

evaluation

agenda setting

policy formulation

policy decisions

implementation

EU Chips acts - competencies + hard law

Shared competence. EU stepped in to coordinate industrial policy and supply chain resilience across the internal market, limiting uncoordinated national action. Regulation

Chips act - legislative procedure

Ordinary Legislative Procedure. Through parliamentary amendments, council negotiation, trilogues - co-equal legislative role of the EP and Council

Transatlantic Trade and Investment Partnership - competence + hard law

Exclusive competence. the Commission negotiated on behalf of the EU as a whole, with MS exercising control only indirectly through the Council. Decision

TTIP - Legislative procedure

SLP. Parliament lack co-decision powers but exercised influence through consent, oversight and political pressure

Sanctions against Russia and Israel - hard law

intergovernmental coordination. MS act collectively through the Council under the CFSP framework while retaining veto power through unanimity. Decision. Sanctions adopted through council decisions under Article 29 TEU, highlighting the political and intergovernmental nature of CFSP actions

Bretton Woods System.

Fixed but adjustable exchanged rates anchored to the dollar.

Failure: US no longer had enough gold to back all dollars, UD deficits and inflation, Gold becoming more expensive

1971: suspended Gold convertability

Werner Plan

1970, 3 stage process to achieve economic and monetary union within a 10 year period

based on the assumption that exchange rates to the US dollar would remain stable

European Monetary System

1979. Not all EU community MS were immediately part of the exchange rate mechanism (ERM)

the Eurocrisis

Global financial crisis - collapse of Lehmen Brothers. EU banks in trouble, national bank rescue packages

Sovereign debt crisis - GIIPS experience strain on budget. 110 billion euro financial support package. Greece signing up for measures aiming to bring public finances under control

Troika

EU Commission, European Central Bank, International Monetary Fund

Eurocrisis coping mechanisms

European Financial Stability Facility (EFSF) - provide up to 440 billion to struggling euro area members

European Stability Mechanism (ESM) - first ever permanent crisis resolution

ECB Quantative Easing Program

COVID-19

ECB bought 750 billion euro in bond (Pandemic Emergency Purchase Programme)

2020, 750 billion Recovery and Resilience Facility

Eurozone fared better during COVID than financial crisis

Anu Bradford: Digital empires

3 competing regulatory approaches to digital technologies

anu bradford: us market driven model

focus on free speech and innovation, minimal government interference

anu bradford: chinese state driven model

focus on using technology for political control, government central in regulating the tech sector social stability

anu bradford: eu rights driven model

focus on regulation meant to protect the individual, promoting a human centric approach to technology

EU Digital Policy (Von der Leyen Commission 2019-2024)

overall effort to regulate everything that is perceived as wrong with digital technologies.

using new technologies but on our conditions and no costs, users control over digital destiny, contain the negative societal effects digital technologies can have, break up entrenched market power positions and prevent abuses of dominance, baseline security requirements for the cyber space

EU digital policy VLD II

change of narrative, focusing toward economic competitiveness and rejoining the international tech race

technological sovereignty - VDL I

intense debate on the EU’s industrial policy

technological sovereignty - VDL II

who will push forward EU technological sovereignty with the right conditions

The AI Act Case

EU’s regulatory approach saw a u-turn in how it was framed. from landmark regulation setting the international benchmark to a regulatory obstacle to innovation. rushed regulated chased by rushed simplification

Normative power

by promoting its core values of peace, liberty, democracy, rule of law and respect in its foreign, security and defence policy, the EU presents itself as a model to follow for others

hypocritical

EU and Russia’s war in Ukraine

2004 enlargement (eastward shift of EU border)

2014: russia annexed crimea

eu response: condemning Russia’s aggression and imposes sanctions. supportive of Ukraine implementing the AA

2022: full scale invasion

association agreements

legal instruments between the EU and third countries (like Ukraine, Moldova, Georgia) that facilitate cooperation, including CSDP missions and operation

EU Response to Russia 2022

political and diplomatic engagement

military, financial and humanitarian support for Ukraine

sanctions against Russia

voluntary v involuntary migration

voluntary = involves choice (work, study)

involuntary = driven by force or necessity (conflict, persecution, disasters)

migrant v refugee

migrant = moves primarily for economic or personal reasons

refugee = flees persecution, conflict or violence and entitled to international protection

why did a seperate refugee protection regime emerge in post-war europe

mass displacement led refugees to be governed separately from economic migrants

German Duldung System

temporary toleration of rejected asylum seekers who cannot be deported