Summary: Fundamentals Of Eu Law And Eu Integration

Read the summary and the most important questions on Fundamentals of EU law and EU integration

• 1 Integration in Europe

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• What is the main focus of the Council of Europe and where is it seated?

  • Founded in 1949, seated in Strasbourg.
    
  • 47 MS, incl Russia, Armenia, Turkey
  • Focus on democracy and Human rights
  • European Court for Human Rights

• What are the two main points of the European Economic Area and who are member sof it?

  EEA is established in 1994. The main focus is a free trade area + Internal Market legislation. It is not the Customs Union, CAP or Fisheries. 27 MS + Island, Norway and Liechtenstein

• What is the full application of the Schengen-Acquis and which EU countries have applied this?

  Mainly about the abolition of border checks for persons. It is applied by EU without uK, IRL, CY, BG, RO + Island, Norway, ch, Liechtenstein. There are systematic checks at the Schengen external border. SIS = Schengen Information System. All EU within Schengen-Area have a common visa code.
  
  NOT customs checks
  NOT free movement of persons

• Which two elements are the basis for the core of EU-integration through the Customs Union?

  The two elements:
  
  

  1. Internal: prohibition of customs duties (FTA)
  1. Art 30 TFEU
  2. External: common customs tariff (Art 31 TFEU); common commercial policy (Art 207 TFEU)

  
  
  All 27 MS + Turkey

• What does the Convergence-Criteria for the Euro-Area for a pre-in consists of?

  • Price stability
    
  • deficit
  • exchange rate stability
  • long-term interest rates in bonds

• 2 Internal market

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• 2.1 Internal market: fundamental freedoms

• What are the four fundamental freedoms and which two fundamental things are guaranteed by the fundamental freedom of persons?

  Goods, Services, Capital and Persons. Persons consists of free movement of workers & right to establishment.

• 3 EU Basics

• What was the main difference between Pre-Lisbon and Post-Lisbon regarding supranationality and intergovernmentally.

  Pre-Lisbon, you had community law and Union law. In Community law h=you had EC Euratom, Schengen and CFSP. Union Law JHA & CFSP.
  
  Post-Lisbon, pillars of EC Euratom and JHA became under supranational union law, while CFSP was part of Union law but inter-governmental with ESM Fiscal compact. 
  
  

• 3.1 EU Basics: Legal foundations

• What are the three legal foundations of the EU and where can you find the legal basis of the third one?

  - TEU: Treaty on the European Union
  - TFEU: Treaty on the Functioning of the European Union (formerly TEC)
  - EU charter of fundamental rights (same legal value, art 6(1) TEU)

• 3.1.2 EU Basics: Supremacy

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• Which two cases defined the supremacy of EU law?

  EuGH, RS 26/62, van Gend & Loos, Slg 1963, 1 
  &
  EuGH, Rs 26/62, Costa/Enel, Slg 1963, 1251

• What were the four important things decided in the Costa/Enel case of 1964 ?

  1. Supremacy of EU law
  2. EU law as legal order sui generis
  3. EU law prevails over national law, national law must be set aside
  4. National law is not invalidated