AB HUKUKU ÇIKMIŞ SORULAR

1- State the institutions of the EU. (x4)

a. Main Structural Institutions

 Court of Justice of the EU

 European Parliament
 European Commission
 European Central Bank
 European Court of Auditors
 European Council
 Council of the EU

b. Functional Institutions:

 Economic and Social Community

 The Committee of the Region
 European Ombudsman
 European Investment Bank

2- State the changes brought by Reform Treaty (The Treaty of Lisbon) on the
institutions of the EU. (x3)

 It abolished the pillar structure.

 It changed the name of the EC Treaty to the “Treaty on the Functioning of the
EU.” European Community is renamed into European Union.
 It accepted the European Central Bank and European Council as institutions.
 The number of seats in European Parliament, the composition of the European
Commission, the method of election of the Commission president and the system
of weighing of votes were changed.
 A new post (makam) is provided: The high representative for the EU for Foreign
Affairs and Security Policy. (AB Dış İlişkiler ve Güvenlik Politikası Yüksek
Temsilcisi)
 The treaty provided for a general name for the court structure in the EU. It is
called The Court of Justice of the EU. It is composed of 3 main courts;
o The Court of Justice
o The European Court of First Instance became ‘General Court’
o The Judicial Panels became ‘Specialized Courts’
3- Characteristics of EC (EU) and differences between EC and traditional
international organisations. (x2)

a. Distinct characteristics of the EU:

1. Willingness of the member states. In the EU, no force or dogma or religion was
used for the integration. Countries apply to become a member. When this
application is accepted, they become a candidate country (aday ülke). Then
accession procedure starts and continues until the signature of the accession
treaty. (Katılım anlaşması) Accession treaties are the primary sources and signed
between the 3rd countries and the EU member states.
2. In European Communities, economy is used as a tool for integration. Economy
establishes interdependence (bağımlılık) between the member states. Because,
once you establish economic ties, it will be very difficult to break them in the
future.
3. The EU has established a common legal system which prevails over all
conflicting national legislation (The principle of supremacy/primacy).

b. Differences between EC (EU) and traditional international organizations:

1. Voting System: In the international organizations, the principle is unanimity (oy

birliği). All the members must give a positive vote. In the EU, the rule is qualified
majority voting. The system is based on the principle of weighting of votes:

 Majority of votes (255/345)

 Majority of member states
 Majority of the EU population (62%)

Unanimity is also applicable in very limited areas;

 Accession treaties
 Amending treaties
 Taxation treaties

2. The Principle of Supremacy (primacy) of the EU law: The rules of the EU law
prevail over the conflicting national legislation. This means that where there is a
conflict between the EU law and national law, the EU law is applied. This is
called the principle of the primacy (öncelik) of EU law.

3. Transfer of Powers: In the EU law, there is a transfer of power from the members
to the EU in a wide range of areas. (EU sometimes has exclusive jurisdiction,
 otherwise there is shared jurisdiction) In the international organizations, the
transfer of power may be limited in one or more areas.

4. Some of the EU institutions have supranational characteristics: Some of the EU

institutions are supranational, whereas international organizations are international
and not supranational.

4- Characteristics of the institutional structure. (x2)

1. Institutions work according to the principal of the limited powers (sınırlı yetki
prensibi). It has 2 aspects;

 EU itself has the legislative power only in those areas that are transferred it by
member states.
 Institutions of EU can exercise their powers only in the areas that are provided in
the treaties and within the limits of the founding treaties.

2. The institutional structure is a dynamic structure. It is subject to change by

amending treaties. The powers of the institutions may change, new institutions may be
established.

3. The institutions work according to system of checks and balances.

Firstly, the system of checks and balances means that European Parliament has
supervisory powers over other institutions such as the European Commission, the Council
and the European Ombudsman. Secondly, the European Court of Justice has also
supervisory functions on other institutions. The court reviews the acts and actions of
other EU institutions. There are 2 possibilities;

 There is an act or an action of EU institution which is contrary to EU law. These

actions are called as ‘actions for annulment’ (iptal davası).
 An EU institution is under the obligation to act however it does not act. In this
case there will be an ‘action for failure to act’ (ihmal davası) before the European
Court of Justice.

4. The powers of the EU institutions resemble the powers of national state. In the
EU, there exists legislative (Council and European Parliament), executive
(European Commission) and judicial (Court of Justice of the EU) organs.
5- Compare functions of European Commission and European Parliament. (x2)

 The EP is supranational because of its composition. The EC is also supranational

because of its composition. Members of EP represent the interests of individuals
while members of EC represent interests of the EU. The President of the
Commission and the other commissioners are subject to a vote of approval by the
European Parliament.

 EP is today one of the legislative organs of the EU with the Council of Ministers.
but EC is an executive organ that implements the law. Commission also initiates
legislation by preparing draft proposals.

 EC prepares the budget while EP adopts it together with the Council of Ministers.

 EC has important external powers. It represents the EU in the outside world in the
relations with 3rd countries. It negotiates the international agreements on behalf of
the EU with 3rd countries and international organizations. However, the power to
adopt legally binding instruments belongs to EP alongside with the Council of
Ministers. The EP has the power to veto the adoption of international agreements
such as accession treaties and association agreements.

 EC prepares annual legislative plan of the EU as well as the policy strategies of

the EU. In some occasions the Commission adopts binding acts by itself. The EC
can also adopt delegated legislation depending on a ‘parent act’ or ‘an enabling
act’ which is adopted by the Council and the Parliament. In the parent act; the
power is given to the Commission to adopt further act on a subject area such as
agricultural policy or competition policy of the EU.

 EC can bring up actions for infringement against member states and it can also
impose fines in some sectors such as competition.

6- Composition, role and powers of the European Parliament. (x2)

a. Composition: The EP is supranational because of its composition. Although the

members come from different member states, they do not represent the interest of the
member states but they represent the interest of the individuals. The members of the EP
are elected in the member states by direct universal suffrage (doğrudan genel seçim)
every 5 years. There is no common election system in member states. Therefore, each
member state holds its own election. The number of representatives per member state is
determined according to the size and population of that member state. In EP, there exist
political parties. Each Member of Parliament sits in one of the political groups according
to his political opinion.

b. Role: It is the institution that represents individuals in the EU. It is the democratic
forum for debates. If the EP is not acting as a legislative organ, its decisions are called
resolutions (karar). Resolutions are politically important but legally, not binding. EP is
today one of the legislative organs of the EU with the Council of Ministers. The main
legislative procedure is the ordinary legislative procedure (olağan yasama usulü).
According to this procedure, the Parliament and the Council adopt legally binding
instruments together.

c. Powers: The EP as the elected organ of the EU has supervisory powers on the
Commission firstly. It elects the Commission President, it appoints Commission as a
whole and it can dismiss the Commission by a vote of censure by 2/3 majority of its
members. The Parliament can ask oral and written questions to the Commission as well
as to the Council. The Parliament also appoints the European Ombudsman. It can also
take other institutions before the Court of Justice in actions for annulment and in actions
for failure to act. These actions can also be taken against EP. Lastly, the right to petition
(dilekçe hakkı): The individuals can exercise their right to petition to EP to complain on
any issue regarding the EU law. The EP can adopt the budget of the EU.

7- Explain “widening” and state the stages. (x2)

Widening is increasing the number of the member states by the accession treaties.
Widening takes place through different stages/waves. We call this, the stages (waves) of
enlargement. In every stage for the accession of the new member states and accession
treaty is signed between the EU member states and the 3rd country.

1st Stage of Enlargement: Northern Enlargement. 1973 – UK, Denmark, Ireland.

2nd Stage of Enlargement: Southern Enlargement. 1981 – Greece, 1986 – Portugal,

Spain.

3rd Stage of Enlargement: 1995 – Austria, Finland, Sweden

4th Stage of Enlargement: 2004 – Czech Republic, Slovenia, Slovakia, Poland,

Hungary, Estonia, Latvia, Lithuania, Cyprus, Malta. 2007 – Romania, Bulgaria.

5th Stage of Enlargement: 2013 – Croatia

8- Explain “deepening” and state the stages. (No explanation required for the
stages.)

Deepening is changing and developing of the EU through amending treaties. It takes

place through different stages.

1. Merger Treaty
2. Budgetary Treaties
3. Single European Act
4. Maastricht Treaty
 5. Treaty of Amsterdam
6. Nice Treaty
7. Lisbon Treaty (The Reform Treaty)

9- Explain pillar structure.

Maastricht Treaty established the pillar structure. The pillar structure used to include 3
main pillars of the EU.

a) 1st pillar: The 'Economic Integration Pillar' or in other words, 'Community Pillar'.

It is a supranational pillar. Qualified majority voting is in effect. ECJ has full jurisdiction.
Commission and Parliament are strong in this pillar.

b) 2nd pillar: The 'Common Foreign and Security Policy Pillar'.

c) 3rd pillar: The 'Cooperation in Justice and Home Affairs'.

2nd and 3rd pillars are international or intergovernmental pillars. In this regard, in the 2 nd
and 3rd pillar, the power of Parliament and Commission are less. But the European
Council has more power. Council is international. The European Court of Justice has no
jurisdiction in 2nd and 3rd pillar. The decisions are taken by the qualified majority voting
in the 1st pillar whereas in 2nd and 3rd – unanimity voting.

The pillar structure was abolished by the Treaty of Lisbon.

10- Explain different stages of economic integration.

1. Free Trade Areas: In these areas, the states do not apply any customs duties
(gümrük vergisi). Therefore, the states do not apply only custom duties in trades
between themselves. These states do not have common external customs tariff in
trades with third countries. Therefore, this means each state will apply its own
tariff while trading with third countries.
2. Customs Union: In the customs union, the states do not apply any customs duties
between themselves. And, they apply a common external customs tariff in trade
with 3rd countries. Free trade areas and customs union are applicable only for free
movement of goods.
3. Internal Market: In internal market, free movement of goods, persons, capital,
services are provided. Internal markets are defined as customs unions + free
movement of persons, capitals, services. The EEC Treaty had this aim to establish
an internal market between the member states.
4. Economic and Monetary Union: The states have common economic and monetary
union as well as a single currency. Today only 17 of member states have adopted
 this policy as well as a single currency and a common economic policy.
Therefore, the is no real economic and monetary union in the EU at the moment.
5. Full Union: Where member states have not only achieved economic integration
but also political integration. Therefore, in this stage, states become
federal/confederal/national states.

11- Explain the changes brought by Maastricht Treaty.

1. The most important change brought by this treaty was the establishment of the
EU and the pillar structure. The pillar structure included 3 main pillars of the
EU.

2. It changed the name of the EEC treaty and deleted the word ‘economic’.

3. A common economic and monetary as well as a timetable for a common

currency was provided by this treaty.

4. The European Central Bank, European Ombudsman (kamu denetçisi) and The
Committee of the Regions are established by this treaty.

5. European citizenship was firstly provided by this treaty.