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Answers to all tutorial questions of the course European Union law of the University of Utrecht. Course of the minor law. ECB2EUL.
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Week 1Questions
1. Explain the underlying philosophies behind the formation of the Communities.
Economic integration/development
Peace To make it impossible to go into war again
Security against Soviet threat
2. How was the EEC Treaty different from other international treaties according to
the Court of Justice? Explain by referring to the assigned Costa vs. ENEL and Van
Gend en Loos cases.
- New legal order
- It also refers to citizens, people in other treaties it is only related to
the states, not to the citizens.
- Institutions that can take binding decisions
- “By contrast with ordinary international treaties, the EEC Treaty has
created its own legal system which, on the entry into force of the Treaty,
became an integral part of the legal systems of the Member States and
which their courts are bound to apply.” (Costa v E.N.E.L. page 15)
3. What is meant by the concepts of “widening versus deepening” in the literature
studying the EU?
Widening: process of expansion of the Union to include new MSs, but can also
apply to the extension of the Union into new policy areas
Deepening: Refers to the extent to which integration is intergovernmental or
supranational, but could also apply to integration in new policy areas. The more
supranational, the deeper integration goes.
4. Is the EU legal order supranational or intergovernmental? Explain.
Both
Intergovernmental:
Supranational: decision-making takes places at a new and higher level than that
of the member states themselves and that such decision replace or override
national rules.
For example:
Internal market is a supranational area
5. Which of the Treaty amendments in the history of European integration has
brought the most fundamental changes to the existing legal order? Motivate your
answer by providing specific examples.
The Single European Act they agreed to that the majority may decide
Treaty with the opt-outs: also important because of differentiated integration
Maastricht Treaty fundamentally change the nature
The EU legal personality. The EC already has legal personality
6. Does the Lisbon Treaty enhance the EU and European integration? Explain why
and how.
Charter of Fundamental Rights – binding with opt-out for the UK and Poland
1
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