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L1: Eu process, powers, rights - Coggle Diagram
L1: Eu process, powers, rights
The treatie
European defence community and European political community: 1950s, failed to reach agreement nd be implemented.
Traty of Rome - provided first big legal framework for the EEC, expansion of EU. Common market established, removal of barriers to trade for members.
European cola and steel communities: signed 1951, expired 2002.
The treaties are the bare bones of EU law. The protocol and guidance adds detail to policies. The EU caselaw form court of justice, adds flesh to treaties, statutory interpretation as to how policies should apply and what the intent of the policy is (similar to the UK system).
Single European Act 1986: brought about institutional changes (transformation of European Parliament) + substantive changes.
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Treaty of Nice 2002: idea of equal representation for smaller member states, in the European parliamnet.
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These treaties form the constitutional basis of the EU, gives it the validity to behave in a contituional manner.
Key principles
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Free trade area- removing all customs and tariffs between member states. Usually done by unanimous agreement. Area of competence for EU.
Are of competeanc = unanimous vote. However, policies within the area of competence is by qualified majority.
Economic union - Eu is nowadays trying to compete on a global scale against large economies such as China and USA.
Not a political union in the idea that sovereignty is given up, only a selective political union.
Economic integration
Supranationalism - Not a traditional international treaty as it makes and imposes law. These decisions override national rules.
EU origins
Aim for political and economies collaborations between countries post ww2, to make them intereliant and prevent war.
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1952- first treaty entered into force, European coal and steel community treaty. 6 nations essentially forming Strat of EU. Push for more collaboration.
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1957 - treaty of Romes, formed European economic community. Main base of EU law is around economic integration between EU states.
European Atomic Energy Committee - under treaty of Rome. Displays economic integration and collaboration of common policy for essential facilities.
Expansions of EU
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2004 and 2007 expansions, e.g. Romania. 2004 is seen as the shifting point regarding the expansion of EU's legal status.
1991: EEA, e.g. Norway agree to align policies with EU but don't fully join.
The protocols
Criticised for not being transparent as they have been used to extend the Union'sleagl order but have usually been reached at intergovernmental conferences, so have not been debated in parliament.
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The EU's democratic credentials in the TEU: Article 2, article 10, article 11, article 49.
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Eu competences
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Article 2 of TFEU: establishes the basis of how EU estalishes competence. Sets out 3 types; exclusive, shared + ancillary.
The power to legislate and adopt legally binding acts is the meaning of the EU having an area of competence.
Exclusive competence: Article 3 TFEU, Only the Eu can act (bring about changes in law) in these areas, such as any trade policy.
Shared competence: Article 4 TFEU, Both EU and member states can legislate, however the EU is the leading competence so member states can only act if the EU has chosen not to, so the EU will set the bare minimum standers on the policy. Member states can ask the European Commission to repeal legislation in shared competence to ensure better compliance with the principles of subsidiarity + proportionality. E.g. environment, energy.
Ancillary competence: Article 6 TFEU, the EU can support, coordinate or supplement any member State actions, for example, in culture and tourism areas.
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Supported by doctrine of conferral: Article 5 TFEU. Union competences are governed by the principles of subsidiarity and proportionality. Supposed to control Eu's legislative ability to prevent democratic deficit. System of checks and balances.
Article 4 TEU: Sets out relationship between member states and when the union has competence. Aka if it is not directly stated in treaty that the union has an area of competence it is assumed the ability to legislate is with the member state.
Article 4(1): Aka if it is not directly stated in treaty that the union has an area of competence it is assumed the ability to legislate is with the member state.
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Legislative power of EU
Article 352 TFEU: gives the union competence to act where the necessary powers are not provided for elsewhere.
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Article 114 TFEU: gives the union legislative competence to pursue objectives of establishing and ensuring the functioning of the internal market.
Role of the court
Critique is that the court is a EU institution, so is there a conflict of interest?
Article 19 TEU: role of the court of justice of EU, is set out. In their interpretation, their responsibility is to give true functionality to the provisions of the treaty.
Case 376/98 Tobacco advertising directive - Germany challenged directive, for supposedly limiting trade which goes against article 114. CJEU, court found the EU acted beyond their competence, as the directive did not improve the ufunctioing of the internal market.
Contrastingly, Case c-491/01 British American Tobacco: court states the objective of the objective was also to improve functioning of the internal market, as public health was not the only purpose of the directive.
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