Summary: Europees Recht - Engelstalig Deel

Read the summary and the most important questions on Europees recht - Engelstalig deel

• 1 Origins of EU and its institutions

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• Timeline responses to WW1 and 2

  1945: United Nations and EEC
  1948: NATO
  1949: Stature on the Council of Europe signed
  1952: ECSC 
  1954: Western European Union

• Difference between ECSC and EEC treaty:

  
  ECSC established a common market for coal and
  steel, ECC established a common market for all goods, services, workers and capital.

• Treaty of Maastricht aim

  1992, establishment of the EU and introduction pillar structure

• Difference between the EU council and the council:

  
  1. The council makes main decisions, the EU council has no legislative function.
  2. The council votes by qualified majority, the EU council votes by consensus.

• Difference between the EP and the commission:

  the commission represents general interest, the EP represents the interest of the citizens.

• Democratic accountability undermined by not following the spitzenkandidaten-procedure?

  
  - No: the commission is still accountable to the EP. This is enough democratic accountability.
  - Yes: trough the spitzenkandidaten-procedure the citizens have influence over who is in the commission.

• Democratic legitimacy in the EU

  
  - The EP (TK) is directly elected by the public.
  - The council (EK) has a direct connection with the national democracy, because it consists of
  the ministers of the member states.

• 2 EU decision-making and hierarchy of norms

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• How to recognize the difference between regulations, directives and decision

  
  1. Regulations: rights.
  2. Directives: instructions.
  - They are used when:
  1. There are big differences between national systems (harmonization of the laws)
  2. Introducing complex legislative change
  3. Decisions: addressed.

• Principle of conferral (principle of attribution of powers):

  
  the EU can only act when there is a legal basis in the Treaties (5 (2) TEU).
  - No judicial review, but the ECJ can declare an act void.

• Internal market legal basis:

  Art 114 TFEU
  
  This legal basis is used too often. Therefore, the following is required:
  1. Objective must be to improve the conditions for the establishment and functioning
  of the internal market.
  - The rules must remove trade barriers between the member states or they must
  remove distortion of competition between the member states.
  - VB: NL has different rules for the composition of cigarettes than Germany. Trade isnot possible in this case. The conditions need to be the same.