EU Law - Book Flashcards
1
Q
When was the inception of the EU?
A
1951 Establishment of ECSC
2
Q
How would you describe the EU in the beginning and now?
A
Community of like-minded states
Union of greater diversity of states with a comprehensive legal system which is increasingly penetrating the national legal system of Member States
3
Q
When did the Community become the EU?
A
In 2009, after the ratification of the Treaty of Lisbon
This was with the removal of the pillars (frst pillar).
4
Q
How many member states does the EU have?
A
27
5
Q
What were the original EU member states?
A
Belgium, France, Germany, Italy, Luxembourg and the Netherlands.
6
Q
Which three countries joined the last?
A
Romania + Bulgaria on 1 January 2007
Croatia 1 July 2013
7
Q
When was the UK’s vote on leaving the EU?
A
23 June 2016
8
Q
When were the dates of Brexit? Original and actual?
A
Originally planned: March 2019
Actual date: 31 January 2020
9
Q
When was the Council of Europe founded? How many member states does it have now?
A
1949
46 Members (Russia was expelled in 2022)
10
Q
What was the Council of Europe’s Greatest Achievement?
NOT the EU institution.
A
The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), which was originally administered by a Commission and a Court, now merged into a single Court, the European Court of Human Rights (ECtHR). This Convention entered into force in 1953 and has been ratified by the majority of the (now 47) Member States of the Council of Europe.
11
Q
How are the EU and the European Convention for the Protection of Human Rights and Fundamental Freedoms connected?
A
Article 6(2) of the Treaty on European Union (TEU) provides that the EU ‘shall accede’ as a body to the ECHR. Surprisingly, the CJEU rejected accession in 2013.
12
Q
What was the European Treaty that was formed as a “regional NATO”? Who were the member states?
A
In 1952, a European Defence Community Treaty was proposed and signed by France, Germany, Italy and the Benelux countries, but eventually failed to be ratified by the French national assembly. Instead, an organisation with few powers, except advisory ones, was established in Brussels in 1955 following the Brussels Treaty. It had all the six original member states of the European Defence Community plus the UK (these are also the original EU member states minus UK).
It is now absorbed into the EU, into what was, until Lisbon, the ‘Second Pillar’ of the Common Foreign and Security Policy, now in Title V TEU: Articles 21–46.
13
Q
Which treaty must be named as the first for defense (second pillar) of the Common Foreign and Security Policy? Even before Maastricht.
A
Brussels Treaty in 1955
Western European Union.
14
Q
What is the European Coal and Steel Community?
A
The European Coal and Steel Community (ECSC) was a European organization created after World War II to integrate Europe’s coal and steel industries into a single common market based on the principle of supranationalism which would be governed by the creation of a High Authority which would be made up of appointed representatives from the member states who would not represent their national interest, but would take and make decisions in the general interests of the Community as a whole.
It was formally established in 1951 by the Treaty of Paris, signed by Belgium, France, Italy, Luxembourg, the Netherlands, and West Germany (same as Treaty of Brussels) and was generally seen as the first step in the process of European integration following the end of the Second World War in Europe.
The organization’s subsequent enlargement of both members and duties ultimately led to the creation of the European Union.
15
Q
What was the conference that led to the creation of Euratom and the European Economic Community?
A
Messina Conference 1955
16
Q
Which treaty led to the creation of Euratom and the European Economic Community?
A
1957 Treaty of Rome
The European Coal and Steel Community set an example for the pan-European organizations created by the Treaty of Rome in 1957: the European Economic Community and European Atomic Energy Community, with whom it shared its membership and some institutions.
17
Q
How long did the European Coal and Steel Community exist?
A
The 1965 Merger (Brussels) Treaty merged the ECSC’s institutions into the European Economic Community, but the former retained its own independent legal personality until the Treaty of Paris expired in 2002, leaving its activities fully absorbed by the European Community under the frameworks of the Treaties of Amsterdam and Nice.
18
Q
Important treaties in the 1950s
A
1951: Treaty of Paris: Establishment of the European Coal and Steel Community
1955: Treaty of Brussels: Establishment of the Western European Union
1957: Treaties of Rome: Establishment of the European Economic Community and European Atomic Energy Community
19
Q
With the Treaties of Rome in 1957, which institutions were established that survived until today?
A
A Commission and a Council of Ministers, with the Court of Justice and the Assembly serving all three Communities (European Coal and Steel Community, European Economic Community, and European Atomic Energy Community but NOT Western European Union).
20
Q
The UK participated in which community?
A
In none. Only the Western European Union.
21
Q
Who was a firm opponent of federalism and advocated for supranationalism?
A
Charles de Gaulle
22
Q
Why was the predecessor of the 1955 Brussels Treaty, the a European Defence Community Treaty, unsuccessful?
A
The French Assembly failed to ratify it.
23
Q
When was the European Free Trade Association established? Under whose leadership?
When was the European Economic Area created?
A
1960 by the UK.
In 1992.
24
Q
What is the acquis communautaire?
A
All the legislation passed and decisions taken by the Community up to the time of accession. That was the case for the EFTA when the European Economic Area was established.
25
Who is part of EFTA and the EEA?
Liechtenstein, Norway, and Iceland.
Switzerland rejected to enter the EEA.
26
Why is the 1965 Merger Treaty called the Merger Treaty?
What institution was created?
It merged the institutions of the three European Communities existing at the time: the European Coal and Steel Community (ECSC), the European Economic Community (EEC), and the European Atomic Energy Community (Euratom). It came into force in July 1967 and consolidated the High Authority of the ECSC and the commissions of the EEC and Euratom into a single body, the European Commission. **Additionally, it provided for the establishment of a single Council of Ministers to serve all three Communities.**
27
Which Treaty gave effect to the European Parliament?
1986 Single European Act. However, the Parliament has called itself the European Parliament since 1958.
28
How was the question of financing addressed in 1971?
Finances were rationalised in 1971, when the financial contributions from individual Member States were
replaced by the ‘own resources’ system. Under this system, agricultural levies, customs duties and each
Member State’s share of the Value Added Tax contribution were paid directly to the Community
29
Besides the European Parliament, which other European institution was formally recognized in the 1986 Single Europe Act?
The European Council. It became the supreme political authority in the Union. However, it did not have formal decision making powers until the Treaty of Lisbon.
30
In which Treaties was European political cooperation and cooperation in foreign policy included?
The Common Foreign and Security Policy (CFSP) in the Maastricht Treaty on European Union (1993), before becoming a separate, still largely inter-governmental, part of the Lisbon Treaty on European Union (2009) (Articles 21–46 TEU).
31
Most Important treaties post 1950s
1986 Single European Act: Formalization of the European Parliament and the European Council
1993: Maastricht Treaty on European Union
2009: Lisbon Treaty on European Union
32
Which Treaty contained the Economic and Monetary Union?
1993: Maastricht Treaty on European Union
33
Which Treaty adopted the official name European Union?
1993: Maastricht Treaty on European Union
34
The 2009 Treaty of Lisbon was initially called differently. What was the name and what was the issue?
The initial name was the "EU Constitution". The EU planned to have referendums in member states first which would vote yes, but after an initial yes from Spain, both France and the Netherlands voted no. The UK was supposed to vote last. Both votes took place in 2005.
The Treaty was renamed and redrafted in 2007. Fewer countries opted to hold a referendum. Ireland (like for the Treaty of Nice), needed to hold a referendum due to its constitution. Also, voters were concerned about having to abolish the ban on abortion and that it would not have a voice in the EU. The campaigns were poorly organized. A second referendum turned into a yes and the Treaty was ratified in November 2009 and entered into force in December 2009.
35
When did the UK and Ireland join the EU?
1973
36
When was the Brexit vote?
23 June 2016
37
When was the Withdrawal Agreement negotiated? How long was the transition period? When did it come into effect?
In 2020. Transition period until 31 December 2020. Entered into force on 1 January 2021.
38
What are the five most important treaties in the EU?
Treaty of Paris - ECSC Treaty (1952)
Treaty of Rome - EEC and Euratom Treaties (1957)
Single European Act (1986)—progress towards the internal market and 1992, entered into force 1 July 1987
Treaty on European Union—Treaty of Maastricht (1993)
Treaty of Lisbon (adopted December 2007, entered into force 1 December 2009)
39
From the point of view of institutions, how was the European Coal and Steel Community important for the later EU?
The Paris Treaty gave the Community a number of institutions, in particular a **High Authority** which, having been endowed with supranational powers by the Treaty, was charged with the task of applying it. It also established an Assembly, a Council of Ministers and a Court of Justice. The idea of **supranationality** aiming for a high degree of integration was represented in this Treaty and has so far never been matched in any of the subsequent Treaties.
40
What was the aim of the European Atomic Energy Community?
A pooled control of the peaceful use of nuclear power.
41
What did the European Atomic Energy Community, The European Coal and Steel Community, and the European Economic Community have in common when they were created? What was accomplished with the 1965 Merger Treaty?
All three communities had one (common) European Assembly (later the European Parliament) and one Court of Justice. However, the ECSC had a High Authority and the other two communities had a commission, which were merged into the European Commission in 1965.
42
Which were the latest countries to join the EU post-2000?
These countries were followed by the accession of Bulgaria and Romania in 2007 and Croatia in 2013.
43
The Single Market was one of the main objectives of which Treaty?
Treaty of Rome
44
What is the difference between the Single Market and the Common Market in the EU?
Internal Market (Single Market): The internal market of the European Union (EU) refers to a territory without internal borders where the free movement of goods, services, capital, and people is ensured. It emphasizes the removal of barriers to trade and the harmonization of regulations and standards across EU member states.
Common Market: The common market is a broader concept that includes the aspects of the internal market but may also involve additional elements, particularly in the context of regional economic integration. In a common market, in addition to the free movement of goods, services, capital, and people, there may be **deeper economic integration** measures such as **a common trade policy, a common currency, or coordination of fiscal policies.**
45
What are the two sources for the internal market?
Art. 26 of the Treaty of the Functioning of the European Union (TFEU): ‘an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaties’
Art. 114 TFEU: certain measures harmonising or approximating Member States’ laws affecting the function or establishment of the internal market could be passed in Council by QMV rather than by unanimity, as was previously the case
46
Was there a deadline for the completion of the internal market? Was it met?
The deadline of 31 December 1992 for completion of the internal market was not met. By 1992, 95 per cent of the internal market proposals had been adopted by the Community but less than half had been transposed into the national law of the Member States. One of the thorniest problems, the abolition of border controls, was not solved until later and, even then, not completely. Notwithstanding this, the process of harmonisation continued and, with the creation of the European Economic Area, the internal market experienced great expansion.
47
Which Institutions use the Qualified Majority Voting?
European Council: Although European Council conclusions are typically agreed by consensus, in certain situations, they use Qualified Majority voting.
Council of the European Union: Qualified Majority is the standard voting rule in the Council, which includes the General Affairs Council, Economic and Financial Affairs Council, among others.
European Parliament: Interestingly, Qualified Majority Voting isn't prevalent in the European Parliament, where Members of the European Parliament (MEPs) are directly elected by EU citizens. In the Parliament, most decisions, including legislative acts, are adopted by an absolute majority of the votes cast.
48
In which policy areas nowadays is unanimity required?
Foreign policy, defence, taxation, EU budget.
49
Which Treaty made the biggest change in Qualified Majority Voting?
The Treaty of Lisbon contributed to a clear shift in Qualified Majority Voting within the Council of the European Union. The key changes have been aimed at making decision-making more efficient, democratic, and transparent. Alongside changing the voting weights to a double majority system, there have further been substantial amendments regarding the areas applied to Qualified Majority Voting.
Post-Treaty of Lisbon, Qualified Majority Voting has been extended to cover more policy areas. More decision-making areas are now taken by a Qualified Majority, ranging from agriculture to justice and home affairs. The shift towards this voting system has helped to increase the speed and ease with which decisions can be made at the European Union level.
50
Which institutions in the EU have a policy-making, legislative, and budgetary function?
The Council, jointly with the European Parliament, has policy-making, legislative and budgetary functions.
51
Between which Treaties did the voting systems change the most?
Treaty of Nice: Most policy areas are unanimous voting
Treaty of Lisbon: Most policy areas are QMV (except for foreign policy, defence, taxation, budget).
52
Which Treaty first introduced the Qualified Majority Voting?
Single European Act 1986
53
How does the QMV look like today?
We need numbers
It requires 15 member states (55 per cent), with at least 65 per cent of Europe's population to vote in favour of a new law.
54
Which provision was used against Poland?
Article 7 TEU, inserted by the Treaty of Amsterdam, provided for a declaration by the European Council of a 'serious and persistent breach of fundamental rights' by a Member State, followed by a possible suspension of that Member State. This was used in 2020 against Poland but repealed in 2024.
55
What distinguishes the Treaty of Lisbon from the failed Constitutional Treaty?
The Treaty of Lisbon largely reproduces the Constitutional Treaty but has removed all elements that gave the Constitutional Treaty the character of a constitution. It is divided into two parts: the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).
56
What was the three-pillar system of the European Union? When was it established and abolished?
The three-pillar system of the European Union established by the Maastricht Treaty (1993) consisted of:
The European Community (EC) focusing on economic integration.
The Common Foreign and Security Policy (CFSP) addressing foreign affairs and security.
Police and Judicial Cooperation in Criminal Matters (PJCC) dealing with crime and judicial cooperation.
It was abolished with the Treaty of Lisbon in 2009. It integrated the policies and institutions of the first and third pillars into the Treaty on the Functioning of the European Union (TFEU), while retaining the CFSP as a distinct pillar within the Treaty on European Union (TEU). This restructuring aimed to streamline decision-making processes and enhance coherence and effectiveness in EU governance.
57
How does the Treaty of Lisbon differ from the failed draft Constitutional Treaty regarding its approach to existing treaties?
Unlike the draft Constitutional Treaty, the Treaty of Lisbon does not repeal all existing treaties and replace them with a single text titled 'Constitution.' Instead, it amends the existing treaties, establishing a direct line between the Treaty of Lisbon and the Treaties of Amsterdam and Nice. The Treaty of Lisbon expressly renounces the constitutional concept and retains the existing treaties, with amendments reflecting the abandonment of the constitutional concept.
58
How did the Treaty of Lisbon reform legislative procedures within the European Union?
The Treaty of Lisbon reformed legislative procedures by streamlining and renaming them. The codecision procedure, where the European Parliament acts alongside the Council, was renamed the 'ordinary legislative procedure' and became the standard legislative process. The cooperation procedure was abolished. The consultation and assent procedures were merged under the term 'special legislative procedure,' which only applies in specific cases outlined in the treaties. Additionally, the **Treaty of Lisbon granted the European Parliament the authority to give consent** in the conclusion of certain international agreements.
59
In which institution did the Treaty of Lisbon introduce the QMV as the norm? What is the most important application?
The Council of EU, e.g., for the ordinary legislative procedure.
60
How many members does the European Commission have? Why was this determined in the Treaty of Lisbon?
The European Commission consists of 27 members, with one member from each Member State, a composition that can only be altered by **unanimous** decision of the European Council.
Initially, it was planned for the Commission to consist of **two-thirds** of the number of Member States, but this plan was amended to maintain one Commissioner per Member State, addressing concerns raised after **Ireland's first referendum** on the Lisbon Treaty.
61
How does the Treaty of Lisbon allow for the amendment of the Treaty?
The Treaty of Lisbon introduces a simplified revision procedure for less important amendments, which require a **unanimous decision by the European Council**. These amendments enter into force after being approved by the Member States according to their respective constitutional requirements.
Such amendments may not increase the competences conferred on the Union in the Treaties.
62
How was the Citizens' Initiative introduced, and what does it entail?
The Citizens' Initiative was introduced through the Treaty of Lisbon. It allows one **million citizens** from a significant number of Member States to sign a petition, inviting the European Commission to propose legislation on an issue within the European Union's competence.
63
Article 49 of the TEU has formalized the application and integration process of new member states. Mention the six steps.
Article 49 TEU outlines the legal process for a European state to apply and potentially join the European Union. Here's a summary:
Application: Any European state that respects the values outlined in Article 2 of the Treaty on European Union (TEU) and is committed to promoting them may apply to become an EU member. The European Parliament and national Parliaments must be notified of this application.
Council Decision: The applicant state addresses its application to the Council of the European Union. The Council, after consulting the European Commission and receiving the consent of the European Parliament (by a majority vote), acts unanimously to decide on the application.
Conditions of Eligibility and Negotiation: The European Council establishes the conditions of eligibility. Negotiations on the terms of accession and adjustments to EU treaties required for the new member's entry are conducted between the applicant state and existing EU member states.
Approval and Ratification: An agreement detailing the conditions of admission is reached between the applicant state and EU member states. This agreement must be ratified by all existing EU member states according to their respective constitutional requirements.
Accession Treaty: Once the negotiations are concluded, an accession treaty is signed. This treaty is approved unanimously by the Council of the EU and requires the consent of the European Parliament.
Accession: Upon the ratification of the accession treaty by all existing EU member states and the candidate country, the latter becomes a member of the European Union.
64
Does the EU have to agree with a member state leaving under Art. 50 TEU?
Notice of withdrawal is unilateral and does not require the consent of the other EU Member States or the European Parliament, or consultation with the Commission. The departing Member State remains a Member State during the withdrawal negotiations and will continue with business as usual until the withdrawal agreement enters into force or two years (or possibly more) after notification.
65
Which of the initial treaties is no longer valid?
European Coal and Steel Community (ECSC) Treaty.
66
What are the principles of subsidiarity and proportionality?
The principles of subsidiarity and proportionality are found in Article 5 of the Treaty on European Union (TEU). These principles are crucial for defining the distribution of powers between the European Union and its member states and ensuring that decision-making is carried out at the appropriate level.
Subsidiarity: This principle dictates that the EU should **only take action if and to the extent that the objectives of the proposed action cannot be sufficiently achieved by member states**, either at the central, regional, or local level, but can be better achieved at the Union level due to the scale or effects of the proposed action. Subsidiarity ensures that decisions are made as close to the citizens as possible and that the EU intervenes only when necessary.
Proportionality: Proportionality requires that any action taken by the EU **should not exceed what is necessary to achieve the objectives of the Treaties.** It means that the means chosen to achieve EU objectives should not go beyond what is needed and should be proportionate to the desired outcome. This principle ensures that EU actions are not overly intrusive or burdensome.
67
Where does the principle of subsidiarity NOT apply?
It should be noted that subsidiarity does not apply to areas which fall within the exclusive
jurisdiction (or ‘competence’) of the Union. Instead, subsidiarity will only apply to areas in which there is a
shared or concurrent competence between the Union and the Member States.
68
Which Treaty gave the Parliament the power to reject legislation? How is this process called?
The Maastricht Treaty. Co-decision process.
69
What power did the European Parliament never get?
The opportunity for the European Parliament to introduce legislation on its own or to force through a measure
against the wishes of the Council.
70
Which Treaty introduced the "ordinary legislative procedure" and "special legislative procedure"?
The Lisbon Treaty.
71
Which new competences were established with the Treaty of Lisbon?
1) Foreign direct investment
2) Trade in services
3) Commercial aspects of intellectual property
These are all part of the Common Commercial Policy.
72
In which Treaty was the European Citizenship established?
Treaty of Maastricht
73
What are the CSDP and CFSP? How are they related?
CSDP stands for Common Security and Defense Policy. It is an integral part of the CFSP, the Common Foreign and Security Policy, within the European Union. While CFSP deals with diplomatic and foreign policy matters, CSDP focuses on security and defense issues.
74
Explain the military powers of the EU
The military capabilities of the EU are primarily centered around the Common Security and Defense Policy (CSDP), which is an integral part of the Common Foreign and Security Policy (CFSP). Here are the key elements:
Decision-Making Authority: **The Council of the European Union** has the authority to adopt decisions concerning CSDP missions involving civilian and military resources. [This is surprising given that CFSP is under the Commission]
Mutual Assistance Obligation: There is a mutual assistance obligation among Member States in the event of armed aggression on the territory of any Member State. This requires other Member States to provide aid and assistance using all available means to the affected Member State, in line with international obligations.
75
What is the purpose of association agreements concluded by the EU?
Association agreements, often concluded with both European and non-European states, serve various purposes (e.g., trade or development assistance). For European states, they may act as a prelude to eventual membership in the EU. These agreements typically contain provisions similar to those found in the EC Treaty.
76
What is the European Economic Area (EEA), and how did it come about?
The EEA was established through an agreement concluded in 1992 between the members of the European Free Trade Association (EFTA) and the EU. It aimed to give EFTA countries access to the EU's internal market while requiring them to accept and implement EU regulations (acquis communautaire). Despite the creation of the EEA, some former EFTA states, such as Austria, Finland, and Sweden, applied to join the EU shortly after its formation. Switzerland did not join the EEA, only Iceland, Norway, and Liechtenstein.
77
Which countries currently participate in the European Economic Area (EEA)?
The EEA currently consists of Norway, Iceland, and Liechtenstein, in addition to the Member States of the EU.
78
What are the seven institutions of the EU?
The European Council
The Council
The Commission
The European Parliament
The Court of Justice of the European Union and the General Court
The Court of Auditors
The European Central Bank
79
The Treaty of Lisbon granted which institutions the status of institution?
The European Central Bank
The Council
80
What is the difference between an institution and other specialized bodies or agencies in the European Union?
An institution in the EU, such as the European Commission or the European Parliament, has the authority to make generally binding decisions, impacting EU law and policies across all member states. On the other hand, specialized bodies or agencies, like the European Central Bank or the European Environment Agency, typically operate in specific fields or sectors, often providing expertise and recommendations without the same level of legally binding authority.
81
How does the separation of powers work in the EU?
In the European Union, the concept of separation of powers differs from traditional models found in nation-states. While the EU institutions share various functions akin to executive, legislative, administrative, and judicial bodies, the system is characterized more by a separation of interests rather than a strict division of powers.
Here's how it works:
Council: Represents the interests of the Member States. It is where national governments meet, discuss, and decide on EU policies and legislation.
Commission: Represents the interests of the Union as a whole. It is responsible for proposing and implementing EU laws and policies, ensuring the treaties are upheld, and managing the day-to-day affairs of the EU.
European Parliament: Represents the interests of the people of the EU. It is directly elected by EU citizens and shares legislative power with the Council, making laws, scrutinizing the work of the Commission, and representing citizens' interests.
CJEU (Court of Justice of the European Union): Represents the interests of "the law." It ensures the uniform interpretation and application of EU law across all member states, resolves legal disputes between EU institutions and member states, and safeguards the rights of individuals under EU law.
This separation of interests ensures that the diverse needs and perspectives of member states, the Union as a whole, its citizens, and the rule of law are taken into account within the EU's decision-making processes.
82
Which institutions have 27 members (or a multiple of that)?
European Council: 27 Heads of States
Council: 27 Ministers of Member States (changes every 6 months)
European Commission: 27 Members
Courts of the EU: 27 Judges
General Court: 54 Judges
Court of Auditors: 27 Members
83
How many presidents are there in the EU?
President of the European Council
President of the European Parliament
President of the Council of the EU
President of the European Commission
84
Under which institution do we find the High Representative of the Union for Foreign Affairs and Security Policy?
Under the European Commission
85
In one sentence, what is the task of the European Council?
The European Council defines the EU’s overall political direction and priorities. It sets the EU’s policy agenda,
traditionally by adopting ‘conclusions’ during European Council meetings, often referred to as ‘EU summits’, which identify issues of concern and actions to take.
86
What is the task of the Council of the European Union?
It draws up legislation + budget, **external relations**, **application of the EU treaty, coordination of macroeconomic policy**
87
What is the task of the European Commission?
Proposes and implements EU legislation, monitors the application of the primary and secondary EU law, represents the EU in international organisations, proposes EU budget, infringement
proceedings in the event of any violation of EU law
88
Which institution has permanent committees? (e.g., Legal Affairs Committee)
European Parliament
89
is the European Council subject to EUCJ review?
The European Council is now subject to the jurisdiction of the CJEU, but only in respect of acts
which produce legal effects vis-à-vis third parties. While the European Council does not exercise
legislative functions, political decisions taken by the European Council are generally followed up in the
form of Union legislation.
90
Which Treaty created the Council of the EU?
The Treaty of Rome.
91
The meetings of the Council used to be not disclosed. When and how did that change?
With the Treaty of Lisbon.
Article 15(3) TFEU provides that: Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have the right of access to documents of the Union institutions, bodies, offices and agencies.
92
Where is unanimous voting still prevalent?
In the Common Foreign and Security Policy.
93
The Commission also has legislative power, in what area?
Competition and state aid.
94
How is the Commission composed?
The Commission is composed of the College of Commissioners from the 27 Member States. They are assigned responsibility for specific policy areas (portfolios) by the President.
95
What is important about the Commissioners regarding their allegiance?
The members of the Commission have the duty and the right to perform their tasks with complete
independence in the general interest of the Union. They are forbidden to seek or take instructions from any
government or other body and must refrain from any action incompatible with the nature of their duties
(Article 17(3) TEU).
During their term of office, Commissioners may not engage in any other occupation, and even after they have ceased to hold office they are required to behave with integrity and discretion as regards the acceptance of certain appointments or benefits (Article 245 TFEU). Privileges and immunities ensure undisturbed performance of their duties.
96
What role does the Commission play in the ordinary legislative procedure? Who else can propose (indirectly)? What is the legal basis?
Article 289 TFEU provides for the ‘ordinary legislative procedure’ consisting of a ‘joint adoption by
Council and Parliament of a proposal by the Commission’. The Commission initiates a proposal.
The Council may request the Commission to submit to it any appropriate proposals.
97
The Commission also has the right to withdraw a proposal. What did the EUCJ have to clarify on this right?
An important feature of the right of initiative is the right to withdraw proposals for legislation, which can have a considerable effect on legislative progress. The Commission must state to the Parliament and the Council the grounds for the withdrawal, which, in the event of challenge, have to be supported by cogent evidence or arguments.
98
How frequently is the EU Parliament elected?
Every 5 years.
99
Which are the two law-making institutions in the EU?
The Parliament and the Council of the EU.
100
In which Treaty was a cap on the number of Members of the European Parliament introduced? Why?
When the Lisbon Treaty was being negotiated, it was decided to put a cap on the total number of MEPs to prevent the European Parliament growing indefinitely every time a new Member State joins the EU. The number is 750 + 1 (the President).
101
What is the minimum and maximum number of Members of the European Parliament that each Member State can have?
Min. 6, max. 96.
102
The distribution of seats in the Parliament is not mathematically precise, what is the consequence?
The distribution is at present clearly in favour of the smaller Member States and, although Germany received an additional number of seats after unification, a German MEP still represents about ten times as many people as a Luxembourg MEP.
103
What privileges and immunities do MEPs have?
During the sessions of the European Parliament, MEPs enjoy the privileges and immunities accorded to members of national Parliaments when in their own countries, and immunity from detention and legal proceedings when in the territory of another Member State.
104
Can MEP serve in their own national Parliament?
Yes.
105
How often does the European Parliament convene?
Article 229 TFEU provides that the European Parliament will hold an annual session. The European Parliament may also meet in extraordinary session at the request of a majority of its members or at the request of the Council or the Commission. The annual session is divided into part sessions which are convened as a rule each month, and are subdivided into daily sittings.
106
Where is the European Parliament located?
The European Parliament does not a have a sole seat of operations, it has three places of work: Brussels (Belgium), Luxembourg and Strasbourg (France).
107
There is a quorum when one-third of current MEPs are present in the Chamber. What does that mean?
This means that for the European Parliament to conduct official business, such as voting on legislation or resolutions, at least one-third of the total MEPs need to be present.
108
How does the European Parliament vote most?
Simple majority voting.
109
In which cases does the special legislative procedure apply?
In cases specified in Treaties.
110
In which areas does the Council require the European Parliament's consent to conclude an international treaty?
The Council requires the European Parliament's consent to conclude an international treaty in **areas governed by the ordinary legislative procedure or if the approval of the European Parliament is required by the special legislative procedure**, as stated in Article 218(6)(a)(v) of the Treaty on the Functioning of the European Union (TFEU).
111
What role does the European Parliament have in the proceedings before the Court of Justice of the European Union (CJEU)?
Intervening in Cases: The European Parliament **can intervene in cases before the CJEU**. This means that it can actively participate in legal proceedings by presenting arguments, submitting evidence, or providing its perspective on matters that affect its interests or prerogatives within the European Union.
Bringing Actions: The Parliament has the authority to bring actions before the CJEU under Article **263 (annulment)** of the Treaty on the Functioning of the European Union (TFEU). This allows it to challenge the legality of EU acts, decisions, or regulations that it believes infringe upon its legal rights or exceed the powers granted to EU institutions.
Bringing Actions for Failure to Act: Under Article 265 of the TFEU, the European Parliament can bring actions **against other EU institutions** before the CJEU for failure to act. If an EU institution fails to fulfill its legal obligations, such as adopting necessary acts or decisions, the Parliament can initiate legal proceedings to compel it to act.
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What are the current legislative shortcomings of the European Parliament?
It has practically no legislative initiative or a right to reject legislation, which, although much extended under the Lisbon Treaty, is still limited.
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When was the Court of Justice first created?
It was established by the ECSC Treaty of Paris in 1951.
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How many EU judges per member states are there?
One per member state.
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The Court of Justice is composed of which courts?
Court of Justice
General Court
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How many members does the Court of Auditors have?
One for each member state.
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Does Court of Auditors have a disciplinary function?
No.
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What access rights do the public have regarding EU legislative processes? (Transparency)
The public has access rights regarding EU legislative processes, including access to meetings of the European Parliament and the Council when these institutions are considering and voting on legislative acts. This openness allows citizens to observe and engage with the decision-making processes of the EU, promoting transparency and democratic participation.
