Acts Flashcards
Art 125 TFEU
No bail-out clause
Art 48 TUE
Treaty Revision Procedures: ORP - key amendments to Treaties; IGC, national ratification SRP - Simplified, for amendment of policies and internal actions of EU. Unanimity from European Council, but no IGC. Nat rat required. Passerelle Clause - no nat rat, allows acts to be adopted without leading to formal amendment of Treaty. European C unanimous, with EP consent.
Art 288 TFEU
Sources of EU Law Directives, regulations, decisions, recommendations, opinions.
Art 289 TFEU
Legislative Acts OLP, SLP - specific cases provided by Treaties, requires unanimity from Council …
Art 290 TFEU
Delegated acts - Giving EC power to carry out non-essential aims laid out in legislative act. Requires Council and EP consent, must have ‘delegated’ in title. Can be revoked, duration must be specified. eg accreditation of GMOs directive.
Art 291 TFEU
Implementing Acts - giving EC (and occasionally Council) power to make acts which are necessary for achieving an aim. Mechanism for control by MS exists as Comitology process. New in Lisbon.
Art 294 TFEU
Ordinary Legislative Procedure
Art 295 TFEU
Council, Parliament and Commission can make binding inter-institutional agreements to achieve goals in the Treaties.
Sincere cooperation.
Arts 2 and 3 TFEU
Competences of the EU. Exclusive: Customs Union, competition law re functioning of internal market, monetary policies of eurozone, common commercial policy, protection of natural resources under CFishingP. Shared: residual. inc energy, area of freedom, security, justice, visas/asylum, internal market, social policy (UK optout) Supporting etc: human health, industry, tourism, culture, education.
Art 4-5 TEU
Principle of Conferral.
Art 216 TFEU
International agreements signed by the EU are binding on the EU institutions and all MS. Pacta sunt servanda principle. Only re agreements concluded by EU, doesn’t mention over rules of international law.
Art 119 EC treaty & Art 7 Rome treaty
Equal remuneration for men and women, no discrimination on grounds of sex. & on grounds of nationality.
Art 6 TEU
Provisions of ECHR have same legal values as treaties, and FRs are GPEULs.
Treaty Revision Procedures: ORP - key amendments to Treaties; IGC, national ratification SRP - Simplified, for amendment of policies and internal actions of EU. Unanimity from European Council, but no IGC. Nat rat required. Passerelle Clause - no nat rat, allows acts to be adopted without leading to formal amendment of Treaty. European C unanimous, with EP consent.
Art 48 TUE
No bail-out clause
Art 125 TFEU
Sources of EU Law Directives, regulations, decisions, recommendations, opinions.
Art 288 TFEU
Legislative Acts OLP, SLP - specific cases provided by Treaties, requires unanimity from Council …
Art 289 TFEU
Delegated acts - Giving EC power to carry out non-essential aims laid out in legislative act. Requires Council and EP consent, must have ‘delegated’ in title. Can be revoked, duration must be specified. eg accreditation of GMOs directive.
Art 290 TFEU
Implementing Acts - giving EC (and occasionally Council) power to make acts which are necessary for achieving an aim. Mechanism for control by MS exists as Comitology process. New in Lisbon.
Art 291 TFEU
Ordinary Legislative Procedure
Art 294 TFEU
Council, Parliament and Commission can make binding inter-institutional agreements to achieve goals in the Treaties.
Sincere cooperation.
Art 295 TFEU
Competences of the EU. Exclusive: Customs Union, competition law re functioning of internal market, monetary policies of eurozone, common commercial policy, protection of natural resources under CFishingP. Shared: residual. inc energy, area of freedom, security, justice, visas/asylum, internal market, social policy (UK optout) Supporting etc: human health, industry, tourism, culture, education.
Arts 2 and 3 TFEU
Principle of Conferral.
Art 4-5 TEU
International agreements signed by the EU are binding on the EU institutions and all MS. Pacta sunt servanda principle. Only re agreements concluded by EU, doesn’t mention over rules of international law.
Art 216 TFEU
Art. 258 and 259 TFEU
Enforcement actions against Member States - the Commission will issue a reasoned opinion and can launch an infringement procedure.
258: Failed to fulfill an obligation under the Treaty
Article 260 TFEU
A Union with Teeth - ECJ can impose lump sum or penalty payment on MS for failing to meet an obligation under the Treaties.
Art. 267 TFEU
ECJ can make preliminary rulings about the interpretation of the Treaty and the interpretation and validity of acts of the Institutions of the Union.
Any court can ask for PR, but last resort National Court SHALL do so.
If someone is in custody as a result, ECJ will be quick as possible.
Art 6 ECHR
Right to an Effective Remedy before a tribunal
