Individual Work

1. Indicate all the different phases of enlargement of the European Union

considering the moment when all EU Member States have joined the European
Economic Community (today, European Union) (0,5 point)

The different phases of the enlargement of the EU, are as follows:

→May 9, 1950: Schuman Declaration, which proposes the creation of a European

organization to unify the coal and steel sectors.
→April 18, 1951: Signing of the Treaty of Paris, which established the European Coal and
Steel Community (ECSC) between Germany, Belgium, France, Italy, Luxembourg, and the
Netherlands. (6 member states)
→March 25, 1957: Signing the Treaty of Rome, establishing the European Economic
Community (EEC) and the European Atomic Energy Community (Euratom).
→First enlargement (January 1st, 1973): The European Economic Community (EEC)
expanded with the accession of the new member states: Denmark, Ireland, and the United
Kingdom. This marked the 1st enlargement of the community. (9 member states)
→Second enlargement (January 1st,1981): Greece became a member of the EEC,
marking the second enlargement of the community (10 member states)
→Third enlargement (1986): Spain and Portugal joined the EEC, extending its membership
to include these two countries. (12 member states)
→February 7, 1992: Signing of the Maastricht Treaty, establishing the European Union.
→Fourth enlargement (January 1st, 1995): Austria, Finland, and Sweden became
members of the European Union, marking the fourth enlargement. (15 member states)
→ Fifth enlargement (May 1st, 2004): This was a significant expansion, with 10 countries
joining the EU: Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta,
Poland, Slovakia and Slovenia. (25 member states)
→ Sixth enlargement (January 1st, 2007): Bulgaria and Romania joined the EU,
increasing the number of member states (27 member states)
→ Seventh enlargement (July 1st, 2013): Croatia became the newest member of the
European Union. (28 member states)
→ Brexit: The UK leaves the European Union (27 member states)

2. Why and which of the European Institutions shall be composed with regards to
the degressively proportional principle? (0,5 point)

The degressively proportional principle suggests that the representation of member states in
European institutions should be based on their population size, but with a slightly reduced
proportionality. This principle aims to ensure smaller member states have a voice while also
considering the population size of larger member states.
Having said that, the European institutions that shall be composed with the regards to the
degressively proportional principle are the European Parliament, The European Council and
the European Commission.
The European Parliament because the number of seats allocated to each member state is
determined by their population size, but with a mechanism that slightly reduces the
proportionality.
The composition of the European Council, which consists of the heads of state or
government of EU member states, also follows the degressively proportional principle. The
large member states have more representation, while smaller member states have minimum
representation.
While the exact application can vary, the distribution of commissioner positions in the
European Commission historically follows a degressively proportional approach. Each
member state nominates a commissioner and the distribution aims to ensure a fair
representation considering the population of each member state.

3. Indicate if the following statements are True or False and justify your answer.
(5 points)

a) There are also EU laws that do not confer any rights or obligations on those to
whom they are addressed but may provide guidance as to the interpretation and
content of the EU Law.
→ True. There are EU laws, such as soft law instruments like recommendations, that do not
confer legally binding rights or obligations on those they are addressed to. However, they
can provide guidance for the interpretation and content of EU law.

b) According to the art. 13 TEU, both the Council of the European Union and the
Council of Europe are Institutions of the EU.
→ False. According to Article 13 of the Treaty on European Union (TEU), the Council of the
European Union and the Council of Europe are separate entities. The Council of the
European Union is an institution of the EU, responsible for legislative and decision-making
functions within the EU, while the Council of Europe is an international organization focusing
on human rights, democracy, and the rule of law.

c) Both the Council of the EU and the Parliament represent the main interest of the
people while the Commission would represent the interest main interests of the
European Union.
→ False. The Council of the EU and the European Parliament represent different interests
within the EU. The Council of the EU represents the interests of the member states, while
the European Parliament represents the interests of the people of the EU. The European
Commission, on the other hand, acts as the executive branch and upholds the general
interests of the EU.

d) The main purpose of a preliminary ruling is to specify the meaning and scope of
the EU regulation and its effects in their space and personal scope.
→True. The main purpose of a preliminary ruling, as part of the EU's judicial system, is to
seek clarification on the interpretation and scope of EU law. The ruling helps to ensure the
uniform application of EU law across member states and provides guidance on the effects
and implications of EU regulations in specific cases.
 e) Taking into consideration the content of art. 21 TFEU, only one person holding the
nationality of a Member State would be a European citizen.
→ False. According to Article 20 of the Treaty on the Functioning of the European Union
(TFEU), every person holding the nationality of a member state is a citizen of the European
Union. This means that all citizens of member states are European citizens, not just one
person.

4. Considering the following text, identify its content and indicate to which
source of the European Union law corresponds. Justify your answer and give,
at least, three reasons for it. (2 points)

A. Those sources of the EU Law have general application, binding in their entirety and
directly applicable. They must be complied with fully by those to whom they apply
(private persons, Member States, Union Institutions).

→ The content of the text corresponds to EU regulations as a source of European Union

law. First of all, the text mentions that the sources have general application, meaning they
apply uniformly across all Member States. EU regulations indeed have general application
and are intended to be applied consistently throughout the EU.
Secondly, the text also states that the sources are binding in their entirety. EU regulations
are legally binding and must be followed in their entirety by those to whom they apply,
including private individuals, Member States, and Union Institutions.
Finally, it also mentioned that the sources are directly applicable. EU regulations have a
direct effect and are directly applicable in the legal systems of the Member States without
the need for additional national legislation or measures.

B. “All of those rules are binding, considering the result to be achieved, upon any or
all of the Member States to whom they are addressed, but the national authorities
would have the choice of form and methods to be valid”.

→ EU directives as a source of European Union law.

The text explicitly states that the rules are binding upon the Member States to whom they
are addressed. This aligns with the nature of EU directives, which are binding on Member
States as to the result to be achieved, meaning they set goals or objectives that Member
States must implement through national legislation.
Also, it mentioned that national authorities have the choice of form and methods to make the
rules valid. This characteristic is indicative of EU directives, which allow Member States
some flexibility in choosing how to implement the directives' objectives into their national
legal systems. Member States have the freedom to determine the specific legislative
measures or methods that will achieve the desired outcome.
Lastly, the text implies that Member States have a certain degree of discretion in
implementing the rules. EU directives provide Member States with a certain level of
discretion in achieving the objectives set out in the directive, as long as they achieve the
desired results and comply with the fundamental principles of EU law.
 5. According to the proposed texts, identify which supplementary principle of the
European Union corresponds each one of the following paragraphs, and the
judicial resolution of the Court of Justice of the EU in which the upholds that
principle. Finally, list three characteristics of each one of them. Justify your
answers (1 point)

A. “As opposed to other international treaties, the Treaty instituting the EEC has
created its own order which was integrated with the national order of the member
states the moment the Treaty came into force; as such, it is binding upon them…

→ The paragraph mentioned refers to the principle of direct effect in European Union law.
(This principle allows individuals to rely directly on EU law and seek its enforcement in
national courts, even without the need for national legislation to implement it.)
It highlighted the binding nature of the Treaty on the Functioning of the European Union
(formerly the Treaty establishing the European Economic Community). It emphasizes that
the Treaty creates its own legal order, integrated with the national order of the Member
States, and is binding upon them. This aligns with the principle of direct effect, as it
establishes the binding nature of EU law and its direct enforceability in national courts
without requiring national legislation for implementation. The Van Gend en Loos case
confirmed and solidified this principle, establishing its significance in EU law.

Characteristics of the principle of direct effect:

1. Binding nature: The principle of direct effect ensures that EU law is binding on Member
States and can be invoked by individuals before national courts, creating enforceable rights
and obligations.
2. Primacy of EU law: Direct effect reinforces the primacy of EU law over conflicting
national laws, allowing individuals to rely directly on EU law and override inconsistent
national legislation.
3. Horizontal effect: Direct effect extends the applicability of EU law horizontally, meaning
that individuals can rely on EU law not only in their interactions with public authorities but
also in their relationships with other individuals or private entities.

B. “The European Court of Justice specifies that the Community constitutes a new
legal order of international law for the benefit of which the States have limited their
sovereign rights and the subjects of which comprise not only Member States but also
their nationals…”

→ The supplementary principle of the European Union that corresponds to the given
paragraph is the principle of the Union as a new legal order of international law.
The judicial resolution of the Court of Justice of the EU that upholds this principle is the
landmark case of Costa v ENEL (Case 6/64).

Three characteristics of this principle are:

1. Limited Sovereign Rights: Member States of the European Union have willingly limited
their individual sovereign rights to benefit from the new legal order of the EU. This means
that certain decisions or actions by Member States may be subject to EU law and oversight.
2. Inclusion of Member States and Nationals: The subjects of the EU legal order are not
only the Member States themselves but also their nationals. This means that EU law applies
not only to the Member States as entities but also to the individuals who are citizens or
residents of those Member States.
3. International Legal Order: The EU legal order is considered a new legal order of
international law. This means that it is distinct from traditional national legal systems and has
its own set of rules and principles that govern the relationship between Member States and
their nationals.

6. Explain what role the EU has played in the international conflict you have chosen
(Palestinian-Israeli or Ukrainian war) considering the EU's common foreign and
security policy (1 point)

The EU has played a role in the Palestinian-Israeli conflict through its common foreign and
security policy. Regarding this conflict, the EU has consistently advocated for a peaceful
resolution and a two-state solution, with Israel and Palestine living side by side in peace and
security. The EU has been actively engaged in diplomatic efforts and has supported various
peace initiatives, including the Middle East Quartet. The EU has also provided substantial
financial assistance and humanitarian aid to the Palestinian territories, emphasizing the
importance of sustainable development and institution-building. However, it is important to
note that there is division within the EU over its handling of the Israel-Hamas conflict, with
some member states expressing frustration over not allowing Israel to defeat Hamas.