European Business Law Understanding the Fundamentals
The External Dimension
Week 6
1.
Question 1
In which field in the External Dimension does the EU have exclusive competence?
The Commission is responsible for the Common Commercial Policy, and the EU has exclusive competence here. This is clear from Article 3.1(e) TFEU.
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2.
Question 2
Article 218 TFEU establishes the procedure by which agreements between the European Union and third countries or international organisations shall be negotiated and concluded.
In this procedure, which is the most important EU institution?
If one reads Article 218 TFEU in its entirety it becomes quite clear that the Council is the most important actor when it comes to authorizing the opening of negotiations as well as the signing of agreements.
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3.
Question 3
Does WTO law have direct effect in EU law?
The issue of the applicability of WTO law was raised by importers during the so called Banana Wars. However, the European Court of Justice ruled that WTO law does not have direct effect in EU law. It cannot be relied on by individuals. However, by exception, WTO law may be invoked if EU law was adopted to implement a specific measure or when an EU measure makes an express reference to WTO law.
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4.
Question 4
Which of the following fields is the Common Security and Defense Policy (CSDP) an integral part of?
The Common Security and Defence Policy is a part of the Common Foreign and Security Policy.
The many acronyms in the External Dimension can be confusing. It might be a good idea to review Magnus Schmauch’s lectures on the Fields to get a better grip of the different fields and how they interrelate. For this particular question Fields, Part II is especially recommended.
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5.
Question 5
How is new EU legislation made part of the EEA Agreement?
New EU legislation is incorporated in the EEA Agreement by decisions of the EEA Joint Committee. The EU has one vote and the EFTA States have one vote. Only if they agree will the act in question be made a part of the EEA Agreement.
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6.
Question 6
Is there any obligation for EU Member States to support each other in the event of terrorist attack?
This issue is somewhat controversial. But there is enough support for this conclusion through the obligations of loyal support and solidarity found in Article 42.7 TEU and Article 222 TFEU.
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7.
Question 7
Please decide if the following statement is true:
The European External Action Service and the High Representative (EEAS) is an EU institution and stands responsible for the external policy making.
The EEAS in not one of the EU:s institutions. The provision regulating EEAS can be found in Article 27 TEU. You can find the institutions listed in the Lisbon treaty Article 223 – 287 TFEU. Policy making is left to the European Council.
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8.
Question 8
What kind of EU policies does the EEA agreement also cover?
(Check all that apply)
The EEA Agreement provides for the inclusion of EU legislation covering the four freedoms — the free movement of goods, services, persons and capital — throughout the 31 EEA States. In addition, the Agreement covers cooperation in other important areas such as research and development, education, social policy, the environment, consumer protection, tourism and culture, collectively known as “flanking and horizontal” policies. The Agreement guarantees equal rights and obligations within the Internal Market for citizens and economic operators in the EEA.
Please review Magnus Schmauch’s lecture on the EEA Agreement.
9.
Question 9
What is one of the main roles of the European Parliament in the field of external relations?
This is established by Article 218.6(a) TFEU
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10.
Question 10
In what way is the Court of Justice of the EU important in the field of external relations?
One of the main tasks of the Court of Justice is to decide on the delimitation of external competences between the Union and its Member States. Its judgment in these matters are therefore, very important for the institutional balance in the EU.
