AVRUPA ENTEGRASYONU - Deneme Sınavı - 3

However, the UK decided to leave the EU with the Brexit referendum in 2016, but both the date and the legal arrangements have become uncertain and the EU has 28 members for the time being.

The Union’s institutions will be:
• the European Parliament,
• the European Council,
• the Council,
• the European Commission (hereinafter
referred to as ‘the Commission’),
• theCJEU of the EU,
• the European Central Bank,
• the Court of Auditors

The European Parliament is the representative of “European Peoples” and their interests and political affiliations. The European Parliament has a legitimising and supervisory function as well since it is the only directly elected EU institution
by the people.

According to Article 15 of TEU, “The European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof. It shall not exercise legislative functions.”

The Commission’s term of office is 5 years and the members are chosen from amongst the citizens of the EU countries, on the ground of their general competence and European commitment. Their independence must be beyond doubt.

The Court of Auditors comprises 28 members. The Members are to be chosen from among persons who belong or have belonged in their respective States to external audit bodies or who are especially qualified for this office.

under Article 3/1 of the TFEU, the EU shall have exclusive competence only in the following areas:
• customs union;
• the establishing of the competition rules necessary for the functioning of the internal market;
• monetary policy for the Member States whose currency is the euro;
• the conservation of marine biological resources under the common fisheries
policy;
• common commercial policy

In that context, the Treaty Article gives certain examples of the shared powers of the EU and the Member States and those areas are as follows:
• internal market;
• social policy, for the aspects defined in this Treaty;
• economic, social and territorial cohesion;
• agriculture and fisheries, excluding the conservation of marine biological resources;
• environment;
• consumer protection;
• transport;
• trans-European networks;
• energy;
• area of freedom, security and justice;
• common safety concerns in public health
matters, for the aspects defined in this
Treaty.

The European Court of Auditors is the taxpayers’ representative in the EU structure. Its main task is to examine and check the revenue and expenditure of the EU and to ensure that the acts and actions are dealt with according to law.

The Union’s institutions will be:

The Founding states were Belgium, The Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands.

the UK decided to leave the EU with the Brexit referendum in 2016, but both the date and the legal arrangements have become uncertain and the EU has 28 members for the time being

The Union’s institutions will be: • the European Parliament, • the European Council, • the Council, • the European Commission, • theCJEU of the EU, • the European Central Bank, • the Court of Auditors.

The Founding states were Belgium, The Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands. On 1 Jan 1973 Denmark, Ireland and the United Kingdom acceded to the Communities. Then, on 1 JanJ 1981 Greece and on 1 Jan 1986 Spain and Portugal became members. A further accession took place on 1 Jan1995 with Austria, Sweden and Finland. Most recently, 10 new members (Poland, Hungary, Czechia, Slovenia, Slovakia, Latvia, Lithuania, Estonia, Cyprus and Malta) have joined the Union on 1 May 2004, Romania and Bulgaria have become members on 1 Jan 2007and lastly Croatia joined on 1 July 2013. However, the UK decided to leave the EU with the Brexit referendum in 2016, but both the date and the legal arrangements have become uncertain and the EU has 28 members for the time being

• Uniformity of EU Law • Generality of EU Law • Autonomy of EU Law • Direct Applicability of EU Law • Direct Effect of EU Law • Primacy/Supremacy of EU Law According to those principles, EU law is a body of law which should be effectively enforced by all the branches of government in all the Member States in the same manner, at the same time and with the same meaning; the rules and principles of EU should be generally binding all; and that since the EU law has autonomy it could not be amended or repealed by a unilateral act of a Member State or judicially reviewed by national courts and could only be changed, repealed or annulled by the EU institutions.

As compared with regulations which are, in principle, binding in their entirety, directives issued by the EU institutions are binding as to the result to be achieved, and the deadline for the result to be achieved, upon each Member State to which they are addressed and the choice of the method is left to the state concerned. Therefore, directives are binding to the time and the purpose, but leaves discretion to the Member States as to the method and instrument. A directive also has a binding effect but only against the Member State to whom it is addressed and only in relation to the result to be achieved. Directives are not automatically applicable within the Member States since Member States exercise discretion to select the appropriate form of domestic law to incorporate the obligations arising from the directive into national law. Directives are not meant to be an instrument of uniformity. They are used for the approximation or harmonisation of national legal systems.

A decision of an EU institution is binding in its entirety upon those to whom it is addressed. It may be addressed to one or more Member States or to a natural or legal person.

Recommendations and opinions are listed in Article 288 of the TFEU, but they cannot be considered as a constituting part of the legislation of the EU in strict terms, as they are not legally binding, however they are still amongst the sources of EU law.

The sources of EU law can be divided into two as “primary sources” and “secondary sources”. Primary sources comprise firstly, the Founding Treaties establishing the three European Communities, i.e, the Paris Treaty establishing the European Coal and Steel Community, the Rome Treaty establishing the European Atomic Energy Community and the Rome Treaty establishing the European Economic Community.

Under Article 3/1 of the TFEU, the EU shall have exclusive competence only in the following areas: • customs union; • the establishing of the competition rules necessary for the functioning of the internal market; • monetary policy for the Member States whose currency is the euro; • the conservation of marine biological resources under the common fisheries policy; • common commercial policy

According to Article 17 of the TEU, the Commission promotes the general interest of the Union and takes appropriate initiatives to that end. As the institution that exercises administrative supervision as well as acting as the executive branch of the government, it ensures the proper application of the Treaties, and of measures adopted by the institutions pursuant to them by everyone, overseeing the application of Union law under the control of the CJEU. As the executive branch of the government, it executes the budget and manages the Union programmes.

The probable reasons of the failures of the economic integration initiatives might be as follows:
1. High-dependence on trade with the countries that are outside the economic integration,

2. A small domestic market that is far from supporting a higher degree of industrialization and economies of scale, 

3. High transportation costs and weak international relations,

4. Addiction to a central planning system, once experienced by CMEA (Council for Mutual Economic Assistance) of the exSoviet countries (Jovanović, 2006, 156).