EU Bodies Flashcards

1
Q

What four responsibilities does the EU Parliament have?

A

Under Article 9A of the EU Treaty,the EU Parliament has four responsibilities: legislative development, supervisory oversight, democratic representation and development of the Budget.

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2
Q

What three procedures apply to the legislative process?

A

Ordinary, consultation, consent

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3
Q

What particular institution does the Parliament enjoy controls over?

A

The Commission, because the Parliament enjoys the power to censure the Commission, including the ability to force the entire College of Commissioners to resign. To Ensure democratic oversight of the Commission’s activities, the Commission must submit regular reports for Parliament’s scrutiny.

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4
Q

What is the maximum no of MEPs allowed following the Treaty of Lisbon in the European Parliament?

A

96

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5
Q

What is the basis of which presidency is held by the Council of Ministers?

A

As established in the Lisbon Treaty, the presidency is held by the member states on the basis of equal rotations to be established by the European Council acting by qualified majority.

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6
Q

How do you calculate a qualified majority depending on the source of the action?

A
  • Proposal from Commission or High Representative of the Union for Foreign Affairs and Security Policy, 55% of member states
  • When not; 72% of member states and at least 65% of the EU population
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7
Q

Which entities merged in 1965 to create the European Commission?

A

European Coal and Steel Community, the European Economic Community, and the European Atomic Energy Community.

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8
Q

What powers are granted to the Commission for its Guardian function?

A

Article 226 and 228 of the EC Treaty grant the Commission the power to take legal and administrative action, including the power to impose a fine against a member state that has failed to comply with the laws, whilst Article 230 and 232 provide the necessary supervisory powers over the other institutions.

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9
Q

Which institution has been the most active EU institution in the area of data protection?

A

Commission - as it was responsible for the original 1990 “Proposal for a Council Directive Concerning the Protection of Individuals in relation to the Processing of Personal Data” and for the 2012 Reform of data protection rules in the EU, which led to the adoption of the GDPR and LEDP Directive

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10
Q

What are the Two parts the ECJ is divided into?

A
Court of Justice of the European Union (CJEU)
General court (the Court of First Instance, or CFI)
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11
Q

What kind of cases does the ECJ have jurisdiction to hear

A
  • Cases brought by the commission or by a member state against a member states failure to fulfil treaty obligations
  • actions brought by member states, an EU institution, or a natural or legal person to review the legality of acts by an EU institution
  • actions by member states, EU institutions, or a natural or legal person against EU institutions for failure to act
  • Actions begun in national courts from which references are made for a preliminary ruling to the ECJ on issues of interpretation or validity EU law
  • opinions on the compatibility of EU international agreements with the treaties
  • Appeals on points of law from the CFI
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12
Q

Does the ECHR have powers of enforcement?

A

No. Where the ECHR finds that the state has violated one or more of these rights and guarantees, the ECHR delivers a judgement. Judgements are binding, and the countries concerned are obliged to comply with them.

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13
Q

What’s the difference between the European Council and the Council of the EU (aka Council of ministers or the Council)?

A

The Council of the EU was established in the 1950s and co-legislates with Parliament, while the European Council does not legislate. The council also has a budgetary function.

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14
Q

What does the consultation procedure entail?

A

The Council of the EU must consult the European Parliament even though it is not bound to accept the opinion given.

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15
Q

Which European institution is the only one whose members are directly elected by EU citizen’s?

A

EU Parliament

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16
Q

What is the European Council?

A

The European Council, made out of heads of 28 member states and the President of the commission, defines the EU’s priorities and political direction.

17
Q

What is the Madrid resolution?

A

A resolution that was adopted by the international conference of data protection and privacy commissioners, consisting of 80 data protection authorities from 42 countries around the world, including members of the Article 29 Working Party.

Principles include: lawfulness and fairness; purpose specification; proportionality; data quality; openness; accountability.

18
Q

Which body is responsible for making adequacy determinations with regard to data transfers to third party countries?

A

European commission

19
Q

What is the main difference between the treaty establishing the European Union and the treaty of Lisbon?

A

The treaty establishing the EU mentions nothing of fundamental rights.

20
Q

The GDPR and its predecessor, the Data Protection Directive 95/46/EC, we’re allowed to be set up as a harmonization measure for European member states by which?

A

Treaty of Rome

21
Q

Which institution is responsible for ensuring that directives are implemented properly by the member states?

A

European Commission. It not only acts as the executive body and influences the legislative function but also acts as a guardian of the treaties by monitoring compliance of the other institutions, member states, and natural or legal persons.

To fulfill this task, Articles 226 and 228 of the EC Treaty grant the commission the power to take legal and administrative action, including the power to impose a fine against a member state that has failed to comply with the law.

Articles 230 and 232 provide the necessary supervisory powers over the other institutions.

Article 1(18) of the Lisbon Treaty states that the commission shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them. It shall oversee the application of Union law under the control of the court of justice of the European union.

22
Q

What is the role of the EDPB?

A

The EDPB not only issues guidelines on the interpretation of all concepts of the GDPR, it is also called to rule by binding decisions on disputes regarding Cross – border processing activities, ensuring the full uniform application of EU rules to avoid the same case potentially dealt with differently across various jurisdictions.

The EDPB advises the EC on any issue relating to data protection, including on any potential amendment of the GDPR and any EU legislative proposal.

The EDPB also issues binding decisions for dispute resolutions amongst supervisory authorities.