EU LAW - SECOND WEEK

Which is not regarded as "the EU Treaties"?

• Treaty on European Union

• Charter of Fundamental Rights

• Treaty on Functioning of the European Union

• Statute of the Council of Europe

Answer explanation

Statute of the Council of Europe is a treaty which established the Council of Europe. The Council of Europe is a different body in international law, it is not a part of the EU law.

"The EU has to act within its competences which are designated by the Member States in the EU Treaties to attain the objectives set out therein. "

Which principle is this?

• Consent principle

• Principle of conferral

• Principle of intergovernmentality

• Principle of supranationality

Answer explanation

Principle of conferral is, as indicated in the EU law, "the Union shall act only within the limits of competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein".

All EU Member States have to hand in the ratification instruments to the Italian government as indicated in EU law. Why?

• Italy was chosen by the negotiating states - and hence by stipulation.

• Because Italy is the safest member state.

• Because Italy has more space to collect the documents.

• Because of the principle of establishment.

Answer explanation

The Treaty of Rome signed in Rome. After that as a tradition the instruments of ratification is collected by the Italian government.

Article 54 TEU and Article 357 TFEU indicates the same thing that the consent of all EU Member States required for the establishment of the EU. Why both the TEU and the TFEU have the same article, isn't one enough?

• To emphasize the point.

• To show that the consent principle is the basis of everything in international law.

• Because they are different international treaties so they have to have the same clause.

In EU law it is indicated that, for the Treaty enters into force after the last signatory state to hand in the instrument of ratification. What is the reason for waiting the last signatory state?

• To protect the principle of conferral.

• To protect the principle of consent.

• To protect the ordinary revision procedure.

• To protect the simplified revision procedure.

Article 48 TEU sets out the procedures to amend the Treaties. What are those procedures? (There is more than one correct answer)

• Co-decision procedure

• Cooperation procedure

• Ordinary revision procedure

• Simplified revision procedure

Answer explanation

Art. 48 TEU  (4) indicates the ordinary revision procedure in which amendments has to be ratified by all the member states. 

Art. 48 TEU (7) indicates the simplified revision procedure in which the European Council shall act by unanimity after obtaining the consent of the Parliament. 

Which Articles of TEU regulates the accession of new states and the unilateral declaration of withdrawal?

• Art. 49 TEU and Art. 50 TEU

• Art. 49 TFEU and Art. 50 TFEU

• Art. 1 TEU and Art. 2 TEU

• Art. 1 TEU and Art. 50 TFEU

Answer explanation

Art. 49 TEU - accession of new states

Art. 50 TEU - unilateral declaration of withdrawal

What is the EU?

• Association

• Federation

• Union

• "Sui generis" international organization

Answer explanation

Supremacy of the EU law.

It has no retaliation and federal control, which is an aspect of federation. However sovereignity remains partly with states.

Also, we can see that both consent and majority decision making is used within the EU.

Which aspects of withrawal from the EU does the Art. 50 TEU not regulate?

• unilateral withdrawal

• withdrawal procedure and negotiations

• re-entry

• exit referendum

As the ECJ ruled in Wightman case, what is needed to revoke the notification of withdrawal?

• A notice addressed to the European Commission in writing.

• A notice addressed to the ECJ in writing.

• A notice addressed to the European Council in writing.

• A notice addressed to the European Parliament in writing.

Answer explanation

In an unequivocal an unconditional manner by a notice addressed to the European Council in writing.