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History and sources III

8 important questions on History and sources III

Why werent directives or regulation used for criminal law under amsterdam treaty? And what did they use?

Too sensitive that was community law.on. So this was also used in the third pillar. What was the legal position? How binding is it? There was allot of debat so they created a new instrument the framework decisons . They do basicall what directives do in community law.

What were tfhee problems under the amsterdam treaty criminal law?

- not binding
- changing president every 6 months
- it was uo to agreement, and thats difficult.

What chnged after 9/11 what happend with the eu constitution?

Eu wanted more cooperation. should we go further than the third pillar. EU needs to be closer to its citizens. We call it a constitutional treaty

eu constitution was rejected in national referendas.

What was the birth of criminal law?
Why was crimal law in the third pillar? What was the effect that enviroment crimes became community law?

Commission always does the initiatives not the parlement. In the third pillar everyone could prepose something. They can’t do that in the first pillar. It can be used as a barging tool. Commission controls the agenda, they do listen but you can’t force them. MS said ok, e

How does the olp work

Normal procedure: commission initiatief -> council and parlement decide, majority rule. Qualify majority. In the council everyone can send one person, this was felt as unfair to bigger countries so some ms got more weight like france, uk, italy. Council you have to need a large group behind your proposal. In parlement you have normal vote. Court of justice, became part of the core bussiness of the eu union

Art.5 teu assurance to reluctant ms, what is it about ?

ms are sovereign all the others things eu
Art.5 assurance to reluctant ms: art. 5 TEU

principle of conferral, only what is given is eu
principle of subsisiarity only if eu lvl is needed taking it to eu. court can control this, if national can do it they should do it.
principle of proportionality, not overdoning it only if is needed

What was in art.4 teu to assurance to reluctant ms?

national identities need to be protected
Art. 4 TEU assurance to reluctant msthis clausule was included at the request of spain, terrortortail integrity. The responsibility of member states in this article think about the angry farmers.

Compromise mutual recognition/harmonisation is it verticak/horizontal

Harmonisation is a verticale approach
Recgonition is horizontal. compromise no veto power anymore but a QMV
Member of member states are against it for moral reasons. Police in uk wanted to work together with eu but the politicians didnt want to. They had opt out for schengen also ireland. Denmark is also opt out. But you can also opt in.

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Week 1

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History and sources III

8 important questions on History and sources III

Why werent directives or regulation used for criminal law under amsterdam treaty? And what did they use?

What were tfhee problems under the amsterdam treaty criminal law?

What chnged after 9/11 what happend with the eu constitution?

What was the birth of criminal law?Why was crimal law in the third pillar? What was the effect that enviroment crimes became community law?

How does the olp work

Art.5 teu assurance to reluctant ms, what is it about ?

What was in art.4 teu to assurance to reluctant ms?

Compromise mutual recognition/harmonisation is it verticak/horizontal

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What was the birth of criminal law?
Why was crimal law in the third pillar? What was the effect that enviroment crimes became community law?