EU Law part 2 Flashcards
Discuss QMV
a qualified majority will be secured if
the two conditions are met.
Discuss QMV
There must be 55% of member states in favour which translates to 15 out of 27 member states in favour of the motion.
Discuss QMV voting:
It is possible to overcompensate the smaller states so
that they hold the balance of power, and the treaty of Nice went some way towards addressing the over-representation of the small states, by giving the larger member states a higher proportion of votes.
Discuss QMV voting:
The discussions were first concentrating on the number of votes per member state, and then on the additional requirements on the number of states voting and the populations of those states. The issue is one that was revisited a number of times, in particular at the June 2007 summit, and finally agreed in the Lisbon Treaty, which now provides for two transitional periods.
QMV
QMV is now governed by article 16 TEU, Article 238 TFEU, and protocol 36 on transitional provisions, and was added to by a decision within declaration No.7 also attached to the treaties. This is so far from transparent.
What is the Ioannina compromise?
The compromise resembles the Ioannina compromise, which was employed in the 1990’s to allow a large, but not sufficient, blocking minority under QMV to ask the council to consider further a matter before it and to try to reach a consensus view rather than adopt it.
What is the Ioannina Compromise?
The Ioannina compromise was established in 1194 as a result of the concerns that it would be harder to form a blocking minority following the move to QMV after the introduction of the SEA and the expression in the member states. It essentially required the council to think again, but, if insisted upon, to reduce the number of votes needed to form a blocking minority.
QMV Voting
the revised Ioannina Compromise in article 4 of Declaration 7 provides that member states representing 55% of population or of the member states that constitute a blocking minority, who oppose the council taking a decision by QMV, can ask the council to continue discussions. In order to understand QMV today, one needs to have in mind the treaties (articles 16 TEU and 238 TFEU), the treaty-altering protocol 36 and declaration no.7 attached to the treaties.
QMV voting
Under QMV, an abstention counts as a vote against. Of course, most legislative decisions are, and will be, reached either by consensus or by a clear majority.
What are some of the council general law making powers?
The council possesses general powers to enact legislation.
Article 113 TEU empowers the council acting unanimously under a special legislative procedure, to adopt provisions for the harmonisation of legislation concerning turnover taxes, excise duties, and other forms of indirect taxes where harmonisation is deemed to be necessary to ensure the functioning and establishment of the internal market.
what does article 114 TFEU of the TFEU consist of?
Article 114 TFEU provides the approximation of laws to complete
internal market which are not catered for by any of the specific parts of the treaty and requires unanimity by the council in consultation with the tfeEP and EESC.
What does article 352 TFEU consist of?
Article 352 TFEU provides generally that the council may enact measure to attain the objectives of the union.
how often are these law making powers used?
These general powers have been used extensively by the council e.g. in 1976 to support the enactment of the equal treatment directive
What was article 308EC used for?
Article 308EC was often used to enact environment measures before the treaty was amended to include a title on environment
What are Coreper and the council General Secretariat?
The council is not a unitary and permanently constituted body and, in all configurations, meets on only about 90 occasions per year. It requires assistance to deal with its workload and to prepare for and ensure some continuity between meetings.
What are the forms it comes in?
This help comes in two forms:
1) Coreper: it consists of representatives of the member states who may be part of the ambassadorial delegation or other civil servants on secondment. It is formally established within articles 16(7) and 240(2) TFEU. This body was brought in to reduce the workload on the council, to balance the result of the delegation of decision-making power to the commission, and to sift the commission proposals. It also oversees and, to a lesser extent, controls the numerous management committees that
were set up to supervise the delegation of power to the commission. It receives assistance from numerous working groups of national experts and effectively takes many of the lesser important decisions for the council itself.
Coreper and the council general secretariat:
Article 240(2) TFEU also provides for a permanent council secretariat made up of a national civil servant to undertake much of the more mundane work of the council, i.e. organisation and preparation for meetings.
Facts about COREPER:
COREPER itself is assisted by more than 150 specialised permanent and ad-hoc working groups/parties, which as indicated are there to provide specialist advice and assistance to COREPER and the council of minister.
What is the European Council?
The European Council was elevated to a full union institution (article 13 and 15 TEU). It now compromises the 27 heads of state and government.
What does the High Representative do in the european council of ministers?
The High Representative will also parcipitate in its meetings of the heads of state and government of the member states who met from time to time to discuss matters outside the formal scope of the community treaties.
What does article 2 of the Single European Act entail?
Article 2 SEA placed the European Council on a legal basis and formalised European political cooperation in the areas of foreign policy consultation and monetary cooperation. These moves were further formalised and brought into the EU framework by article 4 TEU.
Discuss the EC in relation to the council of ministers:
The EC enjoys a much broader role than the council of ministers, which is restricted to matters included in the treaties. Its overall function is set out in article 22 TEU.
Discuss article 68 of the TFEU
Article 68 TFEU, which provides that it defines the strategic guidelines for legislative and operative planning within the area of freedom, security and justice.
discuss what happens in relation to draft legislation in sensitive matters:
Draft legislation on sensitive matters can be referred to the European council to review that matter whilst the ordinary legislative procedure is suspended.