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EUlaw > Institutional System > Flashcards

Institutional System Flashcards

1
Q

In which article of the Treaty on EU are provided the basic principles of the EU institutional legal system?

A

In article 13.

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2
Q

What are the basic principles following from article 13?

A
  • the principle of the single institutional framework
  • the principle of institutional balance
  • the principle of sincere cooperation
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3
Q

What are the institutions of the EU?

A
  • the European Parliament
  • the European Council
  • the Council
  • the European Commission
  • the Court of Justice of the European Union
  • the European Central Bank
  • the Court of Auditors
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4
Q

What are advisory bodies?

A

The Economic and Social Committee and the Committee of Regions, acting in an advisory capacity.

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5
Q

What is the principle of division of powers?

A

A fundamental principle; In a democratic state of law, the exercise of rights is entrusted within the framework of the Montesquieu division of authorities.

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6
Q

What is the principle of democracy on the rule of law?

A

The axiological foundation of the EU.

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7
Q

Is it possible to transfer the principle of division of powers in organic terms to EU?

A

No; it occurs in functional terms.

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8
Q

What are the two types of cooperation in the implementation of EU law?

A

vertical and horizontal cooperation.

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9
Q

Of whom is th European Parliament composed?

A

It is composed of representatives of the Union’s citizens.

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10
Q

When did the first general and direct elections to the European Parliament take place?

A

In 1979.

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11
Q

What are the functions of the European Parliament?

A
  • the lawmaking process
  • control competences
  • a motion of censure on the activities of the commission
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12
Q

Does the Parliament take part in the establishment of another institution?

A

Yes; it elects the European Ombudsman and participates in the procedure of the establishment of the European Commission.

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13
Q

Is the Council of Europe separate from the EU?

A

Yes.

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14
Q

On what does the Council of Europe focus?

A

On the protection of Human Rights and Fundamental Freedoms.

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15
Q

Who is appointed by the European Council?

A

the High Representative of the Union for Foreign Affairs and Security Policy, by a qualified majority.

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16
Q

Of whom is The Council of the European Union consisted?

A

Of a representative of each member state at the ministerial level.

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17
Q

What shall The Foreign Affairs Council do?

A

It shall ellaborate the union’s external action on the basis of strategic guidelines laid down by the European Council and ensure that the union’s action is consistent.

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18
Q

What is Eurostat?

A

A special office of the EU that provides for necessary information regarding the number of the population of particular member states.

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19
Q

According to article 17 of the Treaty on the EU, what does the European Commission do?

A

It promotes the general interests of the Union and takes appropriate initiatives to that end.

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20
Q

Of how many members does the Commission consist?

A

28.

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21
Q

Is the Commission completely independent?

A

Yes.

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22
Q

What is the first stage of the procedure of the establishment of the Commission?

A

Appointment of the president of the Commission.

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23
Q

What are the tasks of the European Commission?

A
  • it oversees the application of Union law under the control of the Court of Justice of the European Union
  • it executes the budget and manages programs of the EU
  • it ensures the EU’s external representation
  • it initiates the EU’s annual and multiannual programming
  • in some cases it may adopt legal acts.
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24
Q

According to article 19 of the Treaty on EU, what does the Court of Justice of the EU include?

A

It includes the Court of Justice, the General Court, and specialized courts,

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25
Q

What does the Court of Justice of the EU ensure?

A

It ensures that in the interpretation and application of the law is observed.

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26
Q

Who assists the Court of Justice?

A

the Advocate General.

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27
Q

How many advocates general are there currently?

A

11.

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28
Q

What is the jurisdiction of the Court of Justice?

A
  • to hear and determine the following actions or proceedings
  • to review the legality of legislative acts, acts of the Council, of the Commission and of the European Central Bank other than recommendations and opinions
  • it provides the interpretation of EU law in the preliminary ruling procedure
  • issues am advisory opinion as to the compability of international agreement to be concluded by the EU with the treaties
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29
Q

What is the Court of Auditors duty?

A

To carry out the Union’s audit.

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30
Q

What is article 13. of the Treaty on EU?

A

…

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31
Q

What does the single institutional framework of EU aim to?

A

It aims to promote its values, advance its objectives, and serve its interests, those of its citizens and those of member states and ensure the consistency, effectiveness, and continuity of its policy and actions.

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32
Q

The principle of sincere cooperation is a more general principle of which principle provided in article 4 paragraph 3 of the Treaty on EU?

A

The principle of loyal cooperation.

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33
Q

In what terms does the principle of division of powers occur in the EU?

A

In functional terms. Individual institutions, bodies, organizational units can be assigned legislative, executive and judicial functions.

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34
Q

What is the constitutional basis for the implementation of EU law?

A
  • The Treaty on EU

- The Treaty on the Functioning of the EU

35
Q

What is article 197. of the Treaty on the Functioning of the EU?

A

…

36
Q

What is recognized as a matter of common interest in article 197. of the Treaty on the Functioning of the EU?

A

The effective implementation of the Union law by member states are essential for the proper functioning of the Union.

37
Q

What is article 291. of the Treaty on the Functioning of the EU?

A

…

38
Q

In accordance with what principle is EU law implemented by member states?

A

In accordance with the principle of sincere cooperation.

39
Q

Explain the pluralization of the executive power in the EU.

A

…

40
Q

How are elected the members of the European Parliament?

A

For a term of five years by direct universal suffrage in a free and secret ballot.

41
Q

Where are the basic principles of the elections of the European Parliament regulated in?

A

The basic principles are regulated in an act concerning the elections of Representatives to the European Parliament by direct universal suffrage attached to the council decision of 1976 and the Council Directive laying down detailed conditions for the exercise of the right to vote and stand as a candidate in EU elections by EU citizens residing in a state other than of which they are nationals.

42
Q

What kind of power represents the Parliament?

A

A legislative power.

43
Q

What is article 14. of the Treaty on EU?

A

…

44
Q

What is the phenomenon of the so-called democratic deficit?

A

In the EU, the Parliament shall jointly with the council exercise legislative and budgetary functions. It follows from the foregoing that it is co-legislator. Originally after the founding treaties entered into force the lawmaking process of the Parliament was limited.

45
Q

What changes regarding the European Parliament were made by the Lisbon Treaty?

A

The Parliament has become next to the Council of the EU a co-legislator in the EU.

46
Q

How does the European Parliament take its decisions?

A

By a majority of its members.

47
Q

What happens if the motion of censure is carried by a two thirds majority of the votes cast representing a majority of the competent members of the European Parliament?

A

The members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign as well from duties that he or she carries out in the commission.

48
Q

When can the European Parliament set up a temporary committee of inquiry to investigate without prejudice to the powers conferred by the treaties on other institutions and bodies, alleged contraventions or maladministration in the implementation of EU law?

A

At the request of a quarter of its component members.

49
Q

When can’t the European Parliament load a complaint to the Court of Justice of the European Union on the legality of legislative acts of the Council, of the Commission and of the European Bank and other institutions?

A

When the alleged facts are being examined before a court and while the case is still sapped of legal proceedings.

50
Q

Is the European Parliament informed at all stages of the procedure of the conclusion of the international agreement?

A

Yes.

51
Q

What was the European Council before the entry into force of the Treaty of Lisbon?

A

The only body of the European Union as sui generis international organization.

52
Q

What is article 15. of the Treaty on the EU?

A

…

53
Q

When does the European Council meet?

A

Every six months convened by its president.

54
Q

Explain the duties of the European Council.

A
  • it provides the union with the necessary impetus for its development
  • it defines the general political directions and priorities
  • it plays a particular role in the external relations of the EU
  • it appoints the High Representative of the Union for Foreign Affairs and Security Policy and ends his term of office
  • it is involved in the procedure of treaty amendments
  • it participates in the procedure of establishing the European Commission
55
Q

What is article 7. of the Treaty on the EU?

A

…

56
Q

On what basis may the treaties be amended by the European Council’s decision?

A

On the basis of simplified procedures by the European Council’s decision taken by unanimity.

57
Q

What is article 236. of the Treaty on the Functioning of the EU?

A

…

58
Q

What should the general first council of the Council of the EU ensure?

A

It shall ensure consistency in the work of the different Council configurations; it shall prepare and ensure the follow up two meetings of the European Council and liaise with the president of the European Council and the commission.

59
Q

What is the double qualified majority?

A

It shall be defined as at least 55 percent of the members of the council comprising at least 15 of them and representing member states comprising at least 65 percent of the population of the Union.

60
Q

What can the European Council suspend acting by a qualified majority?

A

It may suspend certain of the rights deriving from the application of the treaties to the member state in question, including the voting rights of the representative of the government of that state in the council.

61
Q

What is the European Commission’s term office?

A

Five years.

62
Q

On what ground shall the members of the Commission be chosen?

A

On the ground of the general competence and European commitment from persons whose independence is beyond doubt.

63
Q

What kind of character does the Commission have in contrast to the Council of the EU?

A

A supranational character.

64
Q

What is article 17 of the Treaty on the EU?

A

…

65
Q

Explain the first stage in the procedure of establishment of the European Commission.

A

…..

66
Q

Who proposes the candidate for president of the Commission to the European Parliament?

A

The European Council.

67
Q

Explain the second stage in the procedure of establishment of the European Commission.

A

…

68
Q

Explain the third stage in the establishment of the European Commission.

A

…

69
Q

In accordance with which treaty is the Commission responsible to the European Parliament?

A

In accordance with the Treaty on the Functioning of the European Union.

70
Q

Where is the so-called Committee allergy procedure provided?

A

In the regulation of the European Parliament and of the Council of 16th February 2011.

71
Q

What is the Committee of Regions?

A

A body consisted of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.

72
Q

What is article 19. of the Treaty on the EU?

A

…

73
Q

How are the judges of the Court of Justice and the judges of the General Court being chosen?

A

From persons whose independence is beyond doubt and who possess the qualifications required for appointments to the highest judicial offices in their respective countries or who are jurists of recognized competence; they are appointed by common accord of the governments of the member states for a term of six years after consultation of the special panel consisting inter alia of the former judges.

74
Q

Are there any specialized courts currently?

A

No.

75
Q

Who creates specialized courts?

A

The European Parliament and the Council.

76
Q

What is the purpose of specialized courts?

A

They may be created in order to hear and determine at first instance certain classes of action or proceedings brought in specific areas.

77
Q

How can the number of Advocate General be increased?

A

By the Council acting unanimously.

78
Q

What is the Advocate General’s duty?

A

To act with complete impartiality and independence and to make open court reasoned submissions on cases which in accordance with the statute of the Court of Justice of the EU require his involvement.

79
Q

Do the EU courts have limited jurisdiction?

A

Yes.

80
Q

Explain the jurisdiction of the Court of Justice.

A

…

81
Q

What is article 267. of the Treaty on the Functioning of the European Union?

A

…

82
Q

Who are the members of the Court of Auditors?

A

One national of each member state chosen from among persons who belong or have belonged in their respective states to external audit bodies who are especially qualified for this office.

83
Q

Who adopts the list of members of the Court of Auditors?

A

The council, after consulting the European Parliament

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