Decision-making in the EU

Question 1

Competences of the EU

Answer 1

1. The legislator must always follow the principles of proportionality, subsidiarity and conferral
2. Exclusive competences – Art. 2+3 TFEU
3. Shared – MS can only legislate for as long as the EU has not done so already – Art. 2+4 TFEU
4. Supporting, coordinating or supplementing action – EU cannot legislate – Art. 6 TFEU

Question 2

Principle of subsidiarity

Answer 2

1. Checked ex-ante by NPs and ex-post by CJEU
2. Yellow-card procedure:
   - 1/3 of 56 votes (2 votes per MS)
   - Commission can amend, withdraw or maintain proposal but must give reasons
3. Orange-card procedure:
   - ½ votes (28)
   - If the Commission finds that it does not violatie, it must send a reasoned opinion
   - and t requires 55% of Council members or majority of votes in EP to pass

Question 3

Principle of proportionality

Answer 3

1. Art. 5(4) TEU

2. Only ex-post review by ECJ

Question 4

Principle of conferral

Answer 4

1. Should only legislate on the powers which has been given to it
2. Art. 5(2) TEU
3. Powers which are not given to the EU remain with the MS

Question 5

What is the difference between a legislative act and a non-legislative acts?

Answer 5

1. Legislative – Adopted by the legislator according to the legislative procedure
2. Non-legislative acts - A non-legislative act of general application (they concern everyone):
   - Delegated acts (adopted on the base of 290)
   - Implementing acts - Comitology is used for ex-ante control (adopted on the base of 291)
   - Which one to use? The Commission can choose but if it wants to amend, it must choose a delegated act

Question 6

Legal Basis

Answer 6

1st - Check centre of gravity test (tobacco case)
2nd - Otherwise, if the same legislative procedure applies it is fine
3rd - If you cannot find a legal basis, try the flexibility clause 352 TFEU

Question 7

Enhanced Cooperation

Answer 7

Criterion:
-	1 - Must not be an exclusive competence
-	2 - At least 9 MS
-	3 - Only used as last resort
Procedure:
-	1 - MS makes proposal to Commission 
-	2 - Commission may refer to Council
-	3 - Council authorises with EP’s consent