EU Law

Question 1

What are the sources in EU Law? What levels are there?

Answer 1

1. Primary EU Law: Treaties btw MS
2. Secondary EU Law: Can create 3 types of binding legal effects

Question 2

The 3 types of binding legal effects

Answer 2

• Regulations: Direct effect. No need for transposure to national legislation
• Directives: Legislative act that sets out a goal that MS needs to achieve. Not always direct effect
• Decisions: Meant for specific situations

Question 3

Principle of subsidiarity

Answer 3

defines the circumstances in which it is preferable for action to be taken by the Union, rather than the Member States
–> In those cases where the Union can get better results (global market, environmental policies…)

Question 4

How does the ordinary legislative procedure look like?

Answer 4

The EC submits a proposal to the EP and the Council
EP adopts position and sends it to the Council.
If Council agrees, the act is adopted.
If Council disagrees, the proposition is amended (sent back and forth) until a consensus is reached

Question 5

Decisions in the Council. Unanimosity? Always?

Answer 5

Decisions in council need to be unianimous. If no agreement is reached, the voting becomes Qualified Majority Voting

Question 6

Qualified Majority Voting

Answer 6

At least 55% of MS (15 Countries) OR at least 65% of population

Question 7

Blocking minority

Answer 7

35% of population and 4 member states

Question 8

Main institutions of the EU (5)

Answer 8

1. European Commission
2. European Parliament
3. The Council of ministers (=Council of the EU)
4. The European Council
5. The Court of Justice of the EU

Question 9

EUROPEAN COMMISION
Functions, Composed of…

Answer 9

protects the interest of the EU as a WHOLE
Must ensure EU laws are applied

Sole right of initiative in legislative power

28 commissioners:
- For each MS, indepdendent of nation

EXECUTIVE POWER

Question 10

EUROPEAN PARLIAMENT
Function, composed of…

Answer 10

Involvment in legislation process
Approval of annual EU budget
Supervision of EU executive (EC and 2 councils)

Protect the citizens of the EU

705 seats (Brexit) of MEPs

Question 11

THE COUNCIL OF MINISTERS
Function, composed of…

Answer 11

They take policy and legislation decisions
Protect the interests of the MS

27 ministers of each MS, CHANGING ACCORDING TO TOPIC DEBATED

Question 12

THE EUROPEAN COUNCIL

Answer 12

Function: Guidance and policy directions
Made up of the Heads/Presidents of MS

Meet 4 times a year during EURO SUMMITS

Question 13

THE COURTS OF JUSTICE OF THE EU

Answer 13

Function:
- Give preliminary ruling on EU primary and secondary law
- Review of legality of the actions of the executive

Consists of 3 courts:
- ECJ
- General Court
- EU Civil Service Tribunal

27 judges appointed by government

Question 14

Limitations of sovereignty in favor of the internal market and a cohesive political and social arena. During what times was this enhanced the most?

Answer 14

During EU crises

Question 15

Direct effect was established through which case?

Answer 15

Van Gend & Loos and Costa/ENEL

Question 16

VAN GEND & LOOS

Answer 16

States cannot overrule EU law over national law

EU Regulations have direct effect over nationals and foreigners before national courts, since Treaties protect citizens.

Question 17

Principle of subsidiarity

Answer 17

Powers of the EU can only be exercised to within the limits of the conferred competencies

Question 18

Principle of loyalty

Answer 18

MS bound to apply all EU legally bounding acts

Membership means a loss power in national legislature

Judiciary is forced to comply with EU law