European Union law

Can the United Kingdom "change its mind" and stay in the EU?

- "Bregret" (Brexit and Regret) - 61 % of Brits want to rejoin the EU - But not sure, if the Brits can rejoin that easily.

How many Member States participated at the initial setting up of the Communities in 1950's? How many Member States the EU has right now?

Initial Setting up: 6 states signed Treaty of Paris and Treaty of Rome France, Germany, Luxemburg, Belgium, Netherlands, Italy · 27 member states

Why those dates are important in the context of Brexit?

June 23, 2016 Referendum that 51,89% voted for Brexit March 29, 2017, UK applied for leaving the EU, but the negotiations about leaving the EU took longer then 2 years, the Date of leaving the EU was postponed several times until the January 31, 2020 January 31, 2020, UK left the EU officially under the terms of a negotiated divorce deal, but most arrangements remain the same under an 11-month transition period December 31, 2020, Brexit transition period ended, and UK is officially no member of the Market and the customs union

How the names of the founding treaties have changed through the time?

Treaty of Rome Treaty of Lisbon = Treaty of Function of European Union (AEUV) 3 Treaties: European Atomic Union, European Union and Function of European Union Treaty on the Functioning of the European Union wurde 3 mal geändert

Can the EU Member State be forced to leave the EU?

While a state can leave, there is no provision for state to be expelled. But Art. 7 TEU provides for the suspension of certain rights of a member state if a member persistently breaches the EU's founding values

What does the term "soft law" means? Does the soft law have any importance in the EU law?

· "Soft law" refers to non-binding instruments, guidelines, recommendations, or other non-legally binding documents in the context of EU law. While soft law does not have the same legal force as primary and secondary EU law, it can still carry importance. It can provide guidance, promote best practices, and facilitate cooperation among member states and institutions. Soft law instruments can help interpret and implement EU law, but they are not directly enforceable in the same way as regulations or directives.

When the European integration processes started? What where main reasons that led to the creation of the European Communities?

· 1951 with the Treaty of European Coal and Steal Community · 3 Communities: European Coal and Steal Community, European Economic Community and European Atomic Energy Community

When the first expansion of the European Communities took place? What was the chronology of new Member States joining the EU?

· 1973: Northern Expansion with Denmark, Ireland and UK (took so long because of De Gaulles' empty chair policy) · 1981: Greece · 1986: Spain and Portugal · 1995: Austria, Finland and Sweden · 2004: Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovakia, Slovenia · 2007: Bulgaria and Romania · 2013: Croatia

What are Directorates General?

· A Directorate General (GD for short, also DG for English Directorate General / French Direction générale) is an administrative unit of the European Commission that is responsible for a specific policy area. The Directorates General form the core of the executive structure of the European Union and are therefore functionally comparable to ministries at the national level. However, while a national ministry always reports to a specific minister, the portfolios of commissioners and directorates-general sometimes do not exactly coincide although the directorates-general are each assigned to specific members of the Commission, some commissioners have several directorates-general. In the past, it sometimes happened that individual directorates general worked for several commissioners

What are different voting procedures in the Council of the EU?

· A qualified majority is usually required for the adoption of resolutions - most used: o 55% of the countries (15 countries out of the current 27 Member States) o who also represent at least 65% of the total EU population. · You can follow the Council's public meetings live in all EU languages. At public council meetings, the minutes and voting results are also public. · To prevent a decision, at least four countries representing at least 35% of the total EU population are required. · Unanimity is required for sensitive matters such as foreign policy and taxes, i.e. H. all countries must agree · For procedural and administrative matters, a simple majority is sufficient (65%) of population of EU citizens · It's written in the Treaty on the Functioning of the European Union

How many official EU candidate countries are there right now? Is Ukraine an official EU candidate country?

· Albania (2014) · Bosnia and Herzegowina (2022) · Moldova (2022) · Montenegro (2010) · North Macedonia (2005) · Serbia (2012) · Turkey (1999) · Ukraine since June 23, 2022 the Ukraine is a official candidate country

What is the Treaty establishing a Constitution for Europe?

· Another Treaty for a Constitution of Europe was signed in 2004 but hasn't been ratified, because France and Netherlands rejected the treaty. · There is no constitution for Europe, but the Treaty of Lisbon states the aims values for the European Union

How many officials work in the service of the Commission? In your opinion - is this number big or small?

· Around 32,000 permanent and contract employees work in the Commission. These include policy officers, researchers, lawyers and translators · In comparison for the work the European commission does, the number is adequate. Still, it is a lot and coming to expenses it is very high.

How the Member State of the EU withdraw from the EU? What procedure should be followed? Check on this Article 50 of the Treaty of the European Union!

· Article 50, often referred to as the "exit clause," sets out the steps for a Member State to voluntarily and unilaterally withdraw from the EU 1. Notification: The process begins when the withdrawing Member State notifies the European Council of its intention to withdraw. This notification should be made in accordance with the withdrawing state's constitutional requirements. 2. Negotiation: Once the notification is received, the European Council, representing the remaining Member States, will negotiate the terms of the withdrawal agreement with the withdrawing state. The withdrawal agreement should address various issues, including the future relationship between the EU and the withdrawing state, the status of EU citizens in the withdrawing state and vice versa, financial arrangements, and any other matters related to the withdrawal. 3. Approval: The negotiated withdrawal agreement must be approved by the European Parliament and the European Council, acting by a qualified majority (a supermajority) of the remaining Member States. 4. Timing: If no agreement is reached within two years from the date of the notification, unless the European Council and the withdrawing state unanimously agree to extend the negotiation period, the EU treaties cease to apply to the withdrawing state. 5. Revocation: The withdrawing state can choose to revoke its notification and decide to remain in the EU at any point during the negotiation process, as long as this is done in accordance with its constitutional requirements. 6. Consequences: Once the withdrawal agreement is approved, the withdrawing state ceases to be a member of the EU, and the agreement sets out the terms of its future relationship with the EU. The withdrawing state will no longer participate in EU institutions and decision-making

How are the Commissioners appointed? For how long period of time?

· As a general rule, the European Commission is renewed every 5 years in line with the cycle of elections to the European Parliament. · Appointment of Commissioners. The Council of the European Union, in agreement with the Commission's President-elect, adopts a list of Commissioners-designate based on suggestions from European Union Member States. The President, the High Representative of the Union for Foreign Affairs and Security Policy and the other members of the Commission are then subject, as a body, to a vote of consent by the Parliament. On the basis of this consent, the Commission is then appointed by the European Council, acting by a qualified majority.

Which court was previously called „The Court of First Instance"?

· Before the Lisbon Treaty, the General court was called Court of First Instance

Are the judgments of the Court of Justice of the EU in infringement cases mostly in favor of the Commission or in favor of the Member States? Why?

· Between 2002 and 2018, the Court of Justice ruled in 1418 cases of infringement brought by the Commission and found against Member States in 1285 cases. In other words, the success rate of the Commission is a staggering 91% · It's very rare for a member state to take actions against another member state. The Treaty does empower Member States to seek redress before the Court of Justice. Article 259 TFEU specifically provides that a "Member State which considers that another Member State has failed to fulfil an obligation under the Treaties may bring the matter before the Court of Justice of the European Union.". Yet, so far there have been only eight cases in the history of the EU involving action by one Member State against another. Of these eight cases, five have been adjudicated by the Court of Justice, one is pending while the remaining two were withdrawn.

Who was Charles de Gaulle? How he influenced the development of the European integration processes? What was the "empty chair policy" in 1960's?

· Charles de Gaulle was a French president · In 1965 he stopped the further expansion or deeper integration. · The communities moved to a system of own resources and the council moved to majority voting. Also, the Parliamentary Assembly should have some control over the expenditure of the Communities. De Gaulle categorically opposed and vetoed against the proposals which adopted a policy of non-attendance at the community institution by the French representative (empty chair policy) · Was a way in which France objected to an increase in the communities own resources and powers · Until today the perfect example for nationalism because he was mad that he wasn't invited to the Big 3 conferences of USA, UK and UDSSR)

Which states can join the EU? (check on this Article 49 of the Treaty of the European Union + what are Copenhagen criteria)

· Copenhagen Criteria are the rules that define whether a country is eligible to join the EU Require that the state has the institutions to preserve democratic governance and human rights, has a functioning market economy, and accepts the obligations and intent of the EU · Article 49 (Maastricht Treaty): provides the legal basis for any European state to join the EU, Art 2 sets out the values upon which the EU is based respect for human dignity, freedom, democracy, equality and the rule of law; respect for human rights, including the rights of persons belonging to minorities; and respect for a pluralistic society and for non-discrimination, tolerance, justice, solidarity and equality between women and men

Explain the idea of the direct effect of the EU law! What is the difference between the direct applicability and the direct effect?

· Direct effect is a principle of EU law and gives individuals the opportunity to invoke a European provision before a national or European court. This principle relates only to certain European acts and is subject to several conditions. It can apply in relation to regulations, directives, treaty provisions and decisions · Direct applicability (= Direkte Anwendbarkeit) talks about whether an EU law needs a national parliament to enact legislation to make it law in a member state. EU treaties and EU regulations are directly applicable. They do not need any other acts of parliament in the member state to make them into law. It instantly becomes applicable in all member states. EU directives are not directly applicable. Directives, in essence, tell member states to do something, so when passed they need a piece of legislation to make them into national law. · Direct effect refers to whether individuals can rely on the EU law in domestic courts.

What is the difference between directives and regulations? Are directives legally binding acts or more just like guidelines?

· Directives and regulations are both legally binding acts (Art. 288 AEUV), but they have different characteristics: o Directives set out general goals that all EU member states must achieve, but they leave it to the individual member states to determine how to achieve those goals. Member states are required to implement directives into their national laws, which may involve passing new legislation. Directives provide flexibility in how member states achieve the desired outcomes. § Directives are only legally binding, when they are achieved in the member state. But the member state has to implement the directive in their national laws o Regulations are directly applicable in all EU member states without the need for national implementation. They have immediate legal effect on the same day and are binding "as is." Member states do not have discretion in how to implement regulations, as they are uniformly applied across the EU.

Do the directives have a direct applicability? Do the directives have a direct effect?

· EU directives are not directly applicable. Directives, in essence, tell member states to do something, so when passed they need a piece of legislation to make them into national law. Also, they are not directly effective, as they cannot be used in court until they have been enacted by national legislation.

Do the regulations have a direct applicability? Do the regulations have a direct effect?

· EU treaties and EU regulations are directly applicable. They do not need any other acts of parliament in the member state to make them into law. Therefore, once a treaty is signed or a regulation is passed in Brussels by the Council of Ministers, it instantly becomes applicable in all member states. They are vertically and horizontally directly effective. Either a treaty or a regulation can be used as a piece of law in a member state court against the state or another individual.

How many Commissioners each Member State has? Who is the current President of the Commission?

· Each member state has one commissioner, in total there are 27 commissioners. The current president is the German Ursula van der Leyen since 2019

What kind of financial sanctions are possible against the Member States which are breaching the EU law?

· Fines: · Lump Sum or Penalty Payments: · Loss of EU funds: · Interest on late Payments: · Suspension on Voting Rights: referral to the European Central Bank

Which legal acts form the legal basis of the EU? What is the difference between founding (Gründungsvertrag) treaties and amending treaties (Änderungsvertrag)?

· Founding Treaty: Three founding treaties form the foundation of today's European Community: o the Treaty on European Union (EU Treaty, TEU) - 1992 o the Treaty establishing the European Community (EC Treaty, EGV) - 1957 (now Treaty of Function of European Union) o the Treaty establishing the European Atomic Energy Community (Euratom Treaty) - 1957 · Amending Treaty: Treaties are being revised to make the EU more efficient and transparent, to prepare it for the accession of new member states and to introduce new areas of cooperation

Who was George Marshall and how he is connected with the integration of Europe?

· George Marshall was a American army officer and statesman · He established the Marshall plan which was designed to rehabilitate the economies of 17 western and southern European countries, support the countries financially and in turn create stable conditions in which democratic institutions could survive · Motivation: Prevent Communism in Western Europe & Not let the same happen again after Treaty of Versailles · Marshall didn't give money to each country but to whole Europe under a special committee European countries were pushed together which started kinda the integration process

How do you understand the concept of the "candidate country"? What legal consequences follow if country is an official candidate country?

· If a country wants to become a member of the EU, a complex process begins that takes time. After meeting the basic requirements for membership, an applicant country must implement the EU rules and regulations in all areas. · Any country that meets the requirements for membership can apply. These requirements are known as the "Copenhagen criteria" and include a stable democracy, a rule of law and a functioning market economy. In addition, all EU legislation and the euro must be accepted. · A country that wants to join the Union applies for membership to the Council of the EU. The Council instructs the Commission to assess the country's ability to meet the Copenhagen criteria. Based on the Commission's opinion, the Council then decides on a negotiating mandate. The negotiations will then be formally opened chapter by chapter. · Due to the large number of EU rules and regulations that each country must implement into its domestic law, the negotiations take a long time to complete. During this pre-accession period, the candidate countries will receive financial, administrative and technical support.

Explain the idea of the supremacy of the EU law! (=Anwendungsvorrang)

· If there is a conflict between an aspect of EU law and an aspect of law in a member state, EU law will prevail. · According to the principle of the primacy of Union law, "the Treaties and the law established by the Union on the basis of the Treaties [...] take precedence over the law of the Member States". This means that national authorities and courts are obliged to apply the provision of Union law even if a provision of national law contradicts this · European court stated this decision in Costa/ENEL

What was the idea of the Schuman declaration? Was the declaration legally binding?

· Linking of the French and German coal and steel industry to help the economic recovery and remove the disastrous competition between the states. A future war should be impossible since the control of the coal and steel industry was under supranational authority. Other countries could be a part of the declaration. · The treaty was not legal binding

Can you name the founding treaties of the EU?

· Maastricht Treaty (1992) as Treaty on the European Union (Maastricht Treaty, 1992) · Treaty of Rome (1957) establishing the European Economic Community (EEC) - now Treaty on the Functioning on the European Union (2016) and establishing the European Atomic Energy Community (EURATOM) · Treaty of Paris (1951) establishing the European Coal and Steel Industry · Treaties have a higher legal force than directives and regulations because they are primary sources of EU law. Directives and regulations are secondary sources of EU law that derive their authority from these founding treaties.

Can the European Council adopt legally binding acts?

· No, the European Council cannot adopt legally binding acts. It primarily provides political direction and sets policy objectives for the EU but does not engage in legislative activities

What are similarities and differences if you compare European Parliament and national parliaments?

· Similarities: o The European Parliament is not organized along national groups, but according to ideological fractions. These are made up of similar political views. Different European parties make up one fraction. · Differences: o Doesn't elect the government, unlike national parliaments and for that not a strong confrontation of governing coalition and opposition fractions but rather between the two largest fractions (conservative-Christiian-Democratic and dthe social democratic) o EU Parliament cannot introduce laws, only the European commission can. o It's voted on a national level but sent to the European parliament (very unique Second biggest democracy in the world after India)

Explain the idea of the state liability in the EU law!

· State liability in EU law refers to the legal responsibility of a member state of the European Union for breaches of EU law. It establishes a mechanism through which individuals and entities can seek compensation for harm or losses they have suffered as a result of a member state's failure to comply with its obligations under EU law. State liability is an important concept to ensure the effective enforcement of EU law and to protect the rights of individuals and businesses within the EU. · State liability in EU law is a legal principle that holds member states accountable for breaches of EU law, ensuring that individuals and entities can seek compensation when their rights under EU law are violated due to a member state's failure to fulfill its obligations. It plays a crucial role in upholding the effectiveness and credibility of the EU legal system.

What are the functions of the Court of Auditors? (Europäischer Rechnungshof)

· The Court of Auditors of the European Union is responsible for ensuring the legality and regularity of EU financial operations under Art. 285, 287 AEUV. Its primary function is to audit and scrutinize the EU's accounts and financial management, as well as the use of EU funds. It provides an independent assessment of the EU's financial performance and helps improve accountability and transparency. · Every member state sends a judge to the court, who is professionally qualified and independent

Why the EU law needs not only regulations but directives as well?

· The EU uses both regulations and directives to achieve its policy objectives. Directives are used when the EU wants to harmonize certain aspects of national laws among member states while allowing for some flexibility in how to achieve the objectives. This approach takes into account the diversity of legal systems and cultural differences in the member states. · Regulations are used when the EU aims for uniformity and immediate application of a specific legal rule across all member states.

What are functions of the European Central Bank?

· The European Central Bank (ECB) has several functions, including: o Conducting monetary policy for the Eurozone, with a primary focus on maintaining price stability. o Managing the foreign exchange reserves of the Eurozone countries. o Promoting the smooth operation of payment systems. o Issuing and controlling the Euro currency.

When the European Central Bank was established? Why then?

· The European Central Bank (ECB) was established on June 1, 1998. It was created to manage the single currency, the Euro, and to maintain price stability within the Eurozone. The ECB's establishment was a crucial step in the economic and monetary integration of the European Union, as it replaced the European Monetary Institute and became the central bank for the Eurozone. · Together with the national central banks (NCBs) of the EU states, the ECB forms the European System of Central Banks (ESCB).

What is the European Citizens' Initiative?

· The European Citizens' Initiative (ECI) is a mechanism that allows EU citizens to propose specific legislative actions to the European Commission if they gather a certain number of signatures from EU citizens. It provides a way for EU citizens to directly influence the EU's legislative agenda and request the Commission to consider specific policy initiatives. If an ECI meets the required criteria, the Commission must examine the proposal and provide a formal response, which may include drafting legislation. 1 Million signatures are necessary

There are three different terms that cover three different institutions/organizations - the European Council, the Council of the European Union and the Council of Europe. Explain the difference between those three!

· The European Council, the Council of the European Union, and the Council of Europe are three distinct entities with different functions o The European Council is a body consisting of the heads of state or government of EU member states, responsible for setting the EU's overall political direction o The Council of the European Union, often referred to simply as the "Council," is an EU institution where representatives of member states meet to discuss and adopt legislation, coordinate policies, and make decisions in various policy areas. They are a part of the legislative procedure and discuss ex. Laws or the household o The Council of Europe is a separate international organization, distinct from the EU, focused on the protection of human rights, democracy, the rule of law, fight against Terrorism and support of economic, social growth. It includes a broader range of European countries, including those that are not EU members. Since the exclusion of Russia on March 16th 2022 the Council exists of 46 states with 676 million citizens. It was formed in 1949 by 10 countries and is the oldest political organization of European states

How many courts the EU have now? Is the European Court of Human Rights an EU court? Is the Civil Service Tribunal an EU court?

· The European Union has three courts: o The court of Justice o The general court (created in 1988) o Civil Service Tribunal (created in 2004) · The European Court of Human Rights is no European Union court but a court for the countries that signed the European human rights laws

Who are the members of the European Council?

· The European council consists of the head of states of the European countries such as the President of the European Council (Charles Michel), the President of the Commission (although has no voting rights) and sometimes the EU High Representative for Foreign Affairs and Security Policy. The President of the European Council is elected every 2 ½ years

How many judges The Court and The General Court have?

· The General Court has 54 judges (2 per member states) - President ist Marc van der Woude · The Court of Justice has 27 judges (one per member states) and 11 advocate general - President is Koen Lenaerts

What does the High Representative of the Union for Foreign Affairs and Security Policy do? Why the EU needs such post?

· The High Representative of the Union for Foreign Affairs and Security Policy, often referred to as the EU High Representative, is a senior official responsible for the European Union's foreign and security policy. This position combines two roles: representing the EU externally and coordinating its foreign and security policies. The EU needs this post to have a single voice and coherent approach to foreign affairs, ensuring that its policies are effectively implemented and that the EU's interests are protected and promoted on the global stage · He does the following tasks: o ex-officio Vice-President of the European Commission o participant in the meetings of the European Council o responsible of the European Union Special Representatives o head of the External Action Service and the delegations o President of the Foreign Affairs Council o Secretary-general of the Western European Union (prior to the abolition of the WEU on 30 June 2011) o Head of the European Defence Agency o Chairperson of the board of the European Union Institute for Security Studies

What is the role of the Committee of Permanent Representatives in the Council?

· The Permanent Representatives Committee or Coreper (Article 16(7) of the Treaty on European Union — TEU and Article 240(1) of the Treaty on the Functioning of the European Union — TFEU) is responsible for preparing the work of the Council of the European Union and takes over the daily work of the Council

Which acts EU institutions adopt more - directives or regulations?

· The adoption of directives and regulations by EU institutions can vary from year to year and depends on the specific legislative agenda and priorities.

How many judges actually adjudicate the cases? Explain the terms „Grand Chamber" and „Chambers"!

· The court can sit in plenary session, as a Grand Chamber of 15 judges (including president and vice president) or in chambers of three or five judges. The court mostly sits in chambers of 3 or 5 judges. Each chamber elects their own president who is elected for a term of three years

Which languages the deputies of the Parliament can use in their speeches?

· The deputies of the parliament can use every official language they want for speeches or writings. Documents by the European Union are published in any official languages of the EU · 24 official languages and 27 member states · English is still an official language because Ireland and Malta have it as official language

How long period of time the Member States have for the implementation of the directive? Where is this period of time specified?

· The implementation period of a directive is two years, because it first has to be transposed into national law before it is applicable in each member state · Every directive has it's own deadline in the agreement, but most of the times it is 2 years

Explain the idea of the indirect effect of the EU law!

· The indirect effect requires national courts, as organs of the Member State responsible for the fulfilment of EU obligations, to interpret domestic law consistently with directives. · If a directive has a direct effect, national courts must disregard domestic law where there is a conflict between the directive and domestic law. In the case of a directive lacking direct effect, the national courts must make every effort to interpret domestic law consistently with the directive. · If is very important to the enforcement of EU rights against private persons (horizontal direct effect). As directives have only vertical direct effect in claims based on directives against private persons, domestic law may be the only legal basis for a claim. The domestic court is obliged to exert itself to ensure that domestic law is interpreted consistently with the EU directive. However, this result is obtainable insofar as the national law is not wholly inconsistent with EU law

Who are Advocates General? What do they do in the Court of Justice?

· The judges are assisted by 11 advocate General. The number can increase if the Court requests. · Are responsible for presenting a legal opinion on the cases assigned to them - can question the parties involved and give their opinion on a legal solution · The aim is to provide independent and impartial opinions concerning the court's case. · The opinions are advisory and not binding to the court

How the legislative power is divided between the European Commission, European Parliament and the Council of the EU?

· The legislative power in the European Union is divided among three main institutions: o The European Commission proposes new legislation and is responsible for implementing EU policies. o The European Parliament, representing EU citizens, participates in the legislative process by debating and voting on proposed legislation. o The Council of the EU, representing member state governments, also participates in the legislative process by approving or amending proposed legislation.

Who are the members of the Council of the EU?

· The members of the Council of the European Union are ministers from all member states. It plays an important role in the European Union's legislative process and usually meets on specific policy areas. One country has the presidency for 6 months. The presidency for the council of foreign affairs is the representative of foreign affairs and security policy. · The council decides about laws and the household as well as the parliament · The council of the European Union had no permanent members. It meets in ten different configurations, depending on the policy area. Each member state sends the minister responsible for the topic at hand to these meetings · Substitute for the minister is another minister

Which factors influence the number of deputies that each Member State has in the European Parliament?

· The number of deputies are influenced by the amount of inhabitants of each state, but under the principle of degressive proportionality, according to which larger member states have fewer seats in proportion to their population than smaller member states. A representative from one of the larger member states therefore represents a larger number of citizens than a representative from one of the smaller member states. Right now, there are 705 representatives from 27 countries · Malta has 518.000 Inhabitants and 6 members, Germany has 83,2 Million inhabitants and 96 (13,62%) members, but concerning inhabitants Germany should have 160 times more

How many readings the ordinary legislative procedure has? (check Art.294 of TFEU)

· The ordinary legislative procedure, as outlined in Article 294 of the Treaty on the Functioning of the European Union (TFEU), involves three readings. The three readings give the European Parliament and the Council of the EU multiple opportunities to debate and amend legislative proposals.

Which legal acts define competences of the institutions of the European Union?

· The powers, responsibilities and procedures of the EU institutions are set out in the EU's founding treaties, namely the Treaty on the Functioning of the European Union (1957) (Art. 3 (inclusive competence), 4 (Shared competence), 6) and the Treaty on European Union (1992), (Art. 13, 15, 16) and the Treaty of Lisbon (2007), responsibilities were adjusted and supplemented · The member states are giving their competences to the European Union, so the EU only has competences in certain parts as listed in the articles

What is the Presidency of the Council? What are the benefits that State gains being the Presiding State of the Council?

· The presidency of the Council rotates among the EU Member states every 6 months. During this 6-month period, the presidency chairs meetings at every level in the Council, helping to ensure the continuity of the EU's work in the Council. · Presidency can send certain things to the Council of the European union and represent the Council and they get one more vote · In order to enable a certain degree of continuity despite the regular change of presidency, since 2007 three countries that formally hold the Council Presidency one after the other have drawn up a joint "eighteen-month program". This collaboration is also known as a trio or team presidency. After the Treaty of Lisbon came into force, it also received a European legal basis through a decision of the European Council in 2009 · Tasks: Organizing of the meetings of the council

What is Lisbon treaty? Is it founding treaty or amending treaty?

· The treaty of Lisbon is a amending treaty, that means that he adjusts existing treaties. The treaty is not a new treaty but the changes of the prior treaties · More powers for the European Parliament, a changed voting procedure in the Council · Clearly states which powers the EU, the EU member states or both have · Aim: To make the EU more democratic and efficient and to enable it to tackle global problems such as climate change better and more unitedly

Against which EU Member States Art. 7 of the TEU procedure has been started?

· There have been two procedures with Art. 7 I and no with Art. 7 II · Art. 7 I against Poland on the 20th of December 2017 because there was a serious risk of violating the rule of law (Rechtsstaatlichkeit) · Art. 7 I against Hungary on 12th of September 2018 because of violating of rule of law and violations of fundamental rights

Sometimes cases has some letters before the number of the case. What does it mean, if the number of the case starts with C-... (or T-...; or F-...)? Why some cases do not have any letters before the number of the case at all?

· They indicate the type of case: · C-Cases are preliminary rulings. They involve questions referred to the Court of Justice of the European Union (CJEU) by national courts. These questions seek clarification on the interpretation of EU law. The CJEU's rulings in C-cases provide guidance to national courts in applying EU law · T-cases are cases heard by the General court. They primarily concern disputes between individuals, companies, or the entities and the EU institutions or decisions that affect them · F-cases are cases related to appeals to the CJEU against decisions of the General court. They involve disputes between individuals, companies, or entities and the EU institutions or decisions that affect them.

Check in details about Turkey, Iceland and North Macedonia - what are/were main problems why they are not yet in the EU!

· Turkey: has not agreed to apply the additional protocol of the Ankara association agreement to Cyprus o Also taking backsteps in the functioning of the democratic system, respect for fundamental rights and independence of the judiciary, economic challenges (unemployment, inflation) · Iceland: in 2015, the Icelandic government stated that Iceland should not be considered as an EU candidate Big part of Icelandic Economy is fishing. EU and Iceland couldn't get together o Before, negotiations for accession were opened in 2010 · North Macedonia: it was considered a potential candidate in 2003 and was granted official candidate status in 2005 - Greece was against it bc Greece has a region that is called Macedonia and were afraid of struggles o Accession negotiations were opened in 2022

What are typical elements in the texts of directives and regulations?

· Typical elements in the texts of directives and regulations include: o Title and reference number o Preamble: Provides context, objectives, and considerations. o Articles: Main provisions and legal rules. o Annexes: Additional technical details or specific requirements. o Transitional provisions, if applicable. o Date of entry into force.

What is difference between the vertical direct effect (= Vertikale Direktwirkung) and the horizontal direct effect (=Horizontale Direktwirkung)?

· Vertical direct effect means that individuals can use EU legislation against a member state. · Horizontal direct effect means that individuals can use EU legislation against another individual. · In contrast to regulations, which apply immediately after entry into force in the Member States, directives are not immediately valid in the Member States. They must first be implemented into national law by individual member states

Check the Article 7 of the Treaty on the EU! If the Member States acts contrary to the EU law, when Art. 7 of the TEU is used and when the Art. 258-260 of the TFEU are used?

· Vertragsverletzungsverfahren richtet sich nach Art. 258 - 260 AEUV o Die Kommission kann, wenn ein Mitgliedsstaat einen Vertrag verletzt hat, eine Aufsichtsklage nach Art. 258 einreichen. o Ein Mitgliedsstaat kann gegen einen anderen eine Staatenklage nach Art. 259 einreichen. Der Unterschied des art. 7 EUV zum Vertragsverletzungsverfahren besteht darin, dass ein verfahren gem. Art 7 auch in Fälle, bei denen die innerstaatliche Rechtsordnung eines Mitgliedsstaaten gefährdet ist und dieser Umstand keine direkte Verletzung von Unionsrecht darstellt, durchgeführt werden kann. Daher kann ein Verfahren nach Art. 7 als ultima ratio gesehen werden, Zweck des Art. 7 ist es, einem Mitgliedstaat klar zu machen, dass er gegen europäische Grundwerte verstößt und ihn zur Wiederherstellung der Werte aufzufordern

When the term „European Union" was introduced?

· Was introduced with the Treaty of Maastricht in 1992 · The term Union replaced all words of community

Who can bring an action against the Member States in the Court of Justice of the EU under Articles 258 and 259 of the TFEU?

· by the Commission, after a preliminary procedure (Article 258 TFEU): opportunity for the state to submit its observations and reasoned opinion (1.3. 8) · by a Member State against another Member State after it has brought the matter before the Commission (Article 259 TFEU)