ER mid term2 Flashcards
What is difference between regulation, directive and decision.
(art. 288 TFEU): regulation general application and binding in entirely and directly in all MS, directive: binding as to the result to achieve but shall leave to the national auth to choice form and methods. decision: binding in its entirely. usually to specific group, otherwise mainly institutional..
what is the difference between legislative acts and non-legislative acts
legislative acts are acts that are adopted be a ordinary legislative procedure or special legislative procedure (art.289 TFEU). Wheter is is the fact is always stated in the provision. Non-legislative acts are acts that are adopted without ordinary legislative or special legislative procedure (art.290 TFEU). mainly delegated or implementing acts.
What is the other name of the principle of attribution of power and explain it
The principle of conferral: (art.5 (2) TEU): fundamental principle of the EU. eu shall only act within the limitsof the competences conferred upon it by the member states.
Explain the principle of subsidiarity.
in areas that do not fall within te EU exclusive competence te EU shall only act if and so far the objectives cannot reached by the member states itself. (art.5 (3) TEU)
Explain the principle of proportionality
content and form of the EU shall not exceed what is necessary to achieve the objectives of the treaties. (art. 5(4) TEU).
Whats difference between shared competence and exclusive competence
shared competence means that both the EU and Member states may legislate and adopt legally binding acts in that areas. Exclusive means only the EU can. (art.2 (1,2) TFEU)
Name some areas of exclusive competence
customs union, monetary policy, common commercial policy (art. 3 TFEU).
Name some areas of shared competence
internal market, social policy, economic, social, territorial cohesion, environment (art. 4 TFEU).
What does ‘pre-emption’ entail
Member states can only exercise competence if the EU does not in that area or that topic. (art.2(2) TFEU)
In what four ways is considered to provide on way out to pre-emption
- Only if the EU exercise their competence.
- Only exercise by EU in relevant area: scope of competence MS is different than EU. See detailed provisions in the TFEU by area.
- If EU cease than competence reverts to MS: 2(2) TFEU last sentence.
- Article 4(3) and 4(4) TFEU: MS can continue to exercise power even if EU has exercised owner in that area.
What is the flexible clause, and explain briefly what it entails
art. 352 TFEU: gives the EU a way out if their is noting arranged, if there is no legal basis in some area, they can use 352 as a legal basis as a way out.
What is meant by competence creep in context of art. 352 and art. 114 TFEU (harmonisation clause).
That the EU could in theory do everything becuase theis flexible clause (art. 352) provides always a way out in finding a legal basis.
Why are concerns over possible ‘competence creep’ under the current Article 352 TFEU (the ‘flexibility clause’) less pertinent now than before the entry into force of the Lisbon Treaty?
Because the legal basis of the EU is much boarder then it used to be. So the EU does not so much have to use the flexible clause (art. 352) and the harmonization clause anymore.
What does Supplementary competence entail
EU shall have competence to carry out actions to support coordinate or supplement the actions of MS (art.6 TFEU)
What is important distinction between legislative and non-legislative acts?
For legislative acts obligations:
- participation of national parliaments: art. 2-4 protocol 1 and art. 6-7 protocol 2.
- transparancy in council decision-making: art. 16(8) TEU.
