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.
Who has right of initiative legislative procedure
Commission and citizens (but this is not binding).
Describe briefly the ordinary legislative procedure
Article 294 TFEU
1. Commission proposal
2. First reading (294 (3-6) TFEU)
EP and council adopt position and right of amendment
3. Second reading (294 (7-12) TFEU)
EP and council right of veto and right of amendment
Time periods
Conciliation
4. Third reading (294 (13-14) TFEU)
Time period
EP and council right of veto and of amendment (through conciliation)
Council always needs to adopt a text through positive vote. EP can approve by not taking a decision in second reading.
What is Trilogues
informal practice of decision making:
-Representatives of Council, EP, commission meet (informal) and seek common ground (behind closed doors).
-Non-transparent, discussion restricted to a limited number of discussiants
-Origins
In practice nearly all legislative acts adopted under the ordinary procedure are adopted in first reading.
Explain the decision making proces in the Council
Article 16 (3) TEU
- QMV voting unless treaties provide otherwise
QMV voting: 55% (at least 15 memebrs) representing 65% of the population of EU.
- Article 238 (2) TFEU:
When not acting on commission proposal QMV is: 72% of council representing 65% of population.
How is democratic control of the council arranged (articles)
- Article 10 (2) TEU
- Article 16 (8) TEU
- Article 2-5 protocol 1
- Council rules of procedure: article 3, 5 and 7-9
Legislative acts of the Union are acts:
adopted by legislative procedure. There are two forms of legislative procedure: the ordinary and special legislative procedures. In both procedures the European Parliament and the Council must participate in the decision-making process.
what is NOT a source of primary law: Treaty on EU, charter of fundamental rights, TFEU, The Accession Treaty for Croatia, General data protection regulation.
General data protection regulation. all others are.
Which terms is used for regulations, directives and decisions adopted by ordinary or special legislative procedure?
legislative acts
