EU SOURCE OF LAW

Question 1

What are the boundaries of EU Rule-Making

Answer 1

• Principal of Conferral (competence not conferred in Eu treaties remain with Eu MS)
• Exclusive,shared and supporting competences
• Explicit, implicit and subsidiary powers
• Subsidiarity and proportionality
• Primacy of EU law (if conflict)

Question 2

What is the Primary Law

Answer 2

Entirety of Eu treaties with charter of fundamental rights of the European Union

Question 3

What is the Secondary Law

Answer 3

Chief instruments that the EU institutions have at their disposal to shape the EU’S legislative system, within boundaries of EU rule making

Question 4

What are the 4 instruments of the EU Secondary Law ? Describe them

Answer 4

1- Legislative Act (regulation-directive (MS choose how)-decision (legislative (ep and council) of not (generally like act)
2- Non Legislative Act (Delegated act (EP and council ensure law updated to reflect dec in sector) or implementing act (EP and council ensure law implemented properly)
3- Non-binding instruments (recommendation-opinion
4- Acts that are not legal (does not imply legal commitment) (interinstitutional agreement - resolution - declaration (interpretation of decision)- action program (Eu comission and council) )

Question 5

What are the OLP 2 procedures

Answer 5

Ordinary Legislative Procedure
- most commonly used procedure in EU to adopt legislation

Consultation procedure : same as OLP procedure but only council can amend or adopt proposal - they need to consult parliament but only opinion)

Consent procedure : Ep needs to give consent to council amend or adopt of eu comission proposal. Usually for ratification of international agreement)