Internal comp 2023 2024 Institutions and treaties Flashcards
- Who is responsible to ensure the Union’s actions are coherent and transparent ?
The European Commission
The Council
The institutions
The Parliament
The European Commission ✓
Article 11
1. The institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
2. The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society.
3. The European Commission shall carry out broad consultations with parties concerned in order to ensure that the Union’s actions are coherent and transparent.
4. Not less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the European Commission, within the framework of its powers, to
submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties.
The procedures and conditions required for such a citizens’ initiative shall be determined in accordance with the first paragraph of Article 24 of the Treaty on the Functioning of the European Union.
- Who ensures compliance with the principle of subsidiarity?
National Parliaments
European Parliament and National Parliaments
European Parliament
The European Court of Justice
National Parliaments ✓
Article 5
(ex Article 5 TEC)
1. The limits of Union competences are governed by the principle of conferral. The use of Union
competences is governed by the principles of subsidiarity and proportionality.
2. Under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member
States in the Treaties to attain the objectives set out therein.
Competences not conferred upon the Union in the Treaties remain with the Member States.
3. Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and in
so far as the objectives of the proposed action cannot be
sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the
scale or effects of the proposed action, be better achieved at Union level.
The institutions of the Union shall apply the principle of subsidiarity as laid down in the Protocol on the application of the
principles of subsidiarity and proportionality. National Parliaments ensure compliance with the principle of subsidiarity
in accordance with the procedure set out in that Protocol.
4. Under the principle of proportionality, the content and form of Union action shall not exceed what is necessary to achieve the
objectives of the Treaties.
The institutions of the Union shall apply the principle of proportionality as laid down in the Protocol on the application of the
principles of subsidiarity and proportionality.
- What are the legal acts that the European Institutions can adopt?
Regulation; directive; recommendation; opinion.
Regulation; directive; advice; recommendation; opinion.
Regulation; directive; decision; recommendation; opinion.
Regulation; directive; decision; advice; opinion
Regulation; directive; decision; recommendation; opinion. ✓
Under Article 288 of the TFEU, the European institutions may adopt 5 types of legal acts:
● the regulation;
● the directive;
● the decision;
● the recommendation;
● the opinion.
Secondary legislation
SUMMARY OF:
Article 288 of the Treaty on the Functioning of the European Union (TFEU)
WHAT IS THE AIM OF ARTICLE 288 OF THE TFEU?
The Lisbon Treaty revised the classification of EU legal acts. In the interests of simplification, it reduced from more than 10 to 5 the number of legal acts at the EU institutions’ disposal.
In addition, it enabled the European Commission to adopt a new category of acts: delegated acts. It also strengthened the Commission’s competence to adopt implementing acts. Both these changes sought to improve the effectiveness of EU decision making and of the implementation of these decisions.
KEY POINTS
EU legal acts and their classification
Under Article 288 of the TFEU, the European institutions may adopt 5 types of legal acts:
● the regulation;
● the directive;
● the decision;
● the recommendation;
● the opinion.
Regulations, directives and decisions are binding legal acts, while the recommendation and the opinion are not.
A decision can specifically address one or more addressees (EU countries, businesses or individuals). There are also decisions with no specific addressee, particularly in the area of the Common Foreign and Security Policy (CFSP).
Delegated acts
Article 290 of the TFEU allows the EU legislator (generally, the European Parliament and the Council) to delegate to the Commission the power to adopt non-legislative acts of general application that supplement or amend certain non-essential elements of a legislative act.
For example, delegated acts may add new (non-essential) rules or involve a subsequent amendment to certain aspects of a legislative act. The legislator can thus concentrate on policy direction and objectives without entering into overly detailed and often highly technical debates.
The delegation of power to adopt delegated acts is nevertheless subject to strict limits. Indeed, only the Commission can be empowered to adopt delegated acts. Furthermore, the essential elements of an area may not be subject to a delegation of power. In addition, the objectives, content, scope and duration of the delegation of power must be defined in the legislative acts.
Lastly, the legislator must explicitly set in the legislative act the conditions under which this delegation may be exercised. In this respect, the Parliament and the Council may provide for the right to revoke the delegation or to express objections to the delegated act.
This procedure is widely used in many areas, for example: internal market, agriculture, environment, consumer protection, transport, and the area of freedom, security and justice.
Implementing acts
Responsibility for implementing legally binding EU acts lies primarily with EU countries. However, some legally binding EU acts require uniform conditions for the implementation. In these cases, the Commission or, in duly justified specific cases and in
cases provided in the Articles 24 and 26 of the Treaty on European Union, the Council is empowered to adopt implementing acts (Article 291 of the TFEU).
Regulation (EU) No 182/2011 of the European Parliament and the Council lays down the rules and general principles concerning mechanisms for control by EU countries of the Commission’s exercise of implementing powers. This control is performed by means of what is known in EU jargon as comitology procedures, i.e. the Commission is assisted by committees consisting of EU countries’ representatives and chaired by a representative of the Commission. Any draft implementing act is submitted to the committee by its chair.
BACKGROUND
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:ai0032
- How do the national parliament contribute to the good functioning of the Union?
by approving the applications for accession to the Union
by proposing the revision procedures of the Treaties
None of the answers is right
by seeing to it that the principle of rule of law is respected
None of the answers is right ✓
Article 12
National Parliaments contribute actively to the good functioning of the Union:
(a) through being informed by the institutions of the Union and having draft legislative acts of the Union forwarded to them in accordance with the Protocol on the role of national Parliaments in the European Union;
(b) by seeing to it that the principle of subsidiarity is respected in accordance with the procedures provided for in the Protocol
on the application of the principles of subsidiarity and proportionality (= protocol no. 2)
(c) by taking part, within the framework of the area of freedom, security and justice, in the
evaluation mechanisms for the implementation of the Union policies in that area, in accordance with Article 70 of the Treaty on the Functioning of the European Union, and through being involved in the political monitoring of Europol and the evaluation of Eurojust’s activities in accordance with Articles 88 and 85 of that Treaty;
(d) by taking part in the revision procedures of the Treaties, in accordance with Article 48 of this Treaty;
(e) by being notified of applications for accession to the Union, in accordance with Article 49 of this Treaty;
(f) by taking part in the inter-parliamentary cooperation between national Parliaments and with the European Parliament, in accordance with the Protocol on the role of national Parliaments in the European Union.
- What are the type of vote in the Council?
qualified majority and reinforced
qualified majority, simple, reinforced and unanimity
qualified majority and unanimity
qualified majority, simple and unanimity
qualified majority, simple and unanimity ✓
Voir art 16(3) TUE et art 238 TFUE
- Who can bring an action to the Court of Justice if they feel it has somehow infringed their
rights?
individuals,
All answers are right
companies
organisations
All answers are right ✓
https://europa.eu/european-union/about-eu/institutions-bodies/court-justice_en
Article 19
1. The Court of Justice of the European Union shall include the Court of Justice, the General Court and specialised courts. It shall ensure that in the interpretation and application of the Treaties the law
is observed. Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law.
2. The Court of Justice shall consist of one judge from each Member State. It shall be assisted by Advocates-General. The General Court shall include at least one judge per Member State.
The Judges and the Advocates-General of the Court of Justice and the Judges of the General Court shall be chosen from persons whose independence is beyond doubt and who satisfy the conditions
set out in Articles 253 and 254 of the Treaty on the Functioning of the European Union. They shall be appointed by common accord of the governments of the Member States for six years. Retiring Judges and Advocates-General may be reappointed.
3. The Court of Justice of the European Union shall, in accordance with the Treaties:
(a) rule on actions brought by a Member State, an institution or a natural or legal person;
(b) give preliminary rulings, at the request of courts or tribunals of the Member States, on the interpretation of Union law or the
validity of acts adopted by the institutions;
(c) rule in other cases provided for in the Treaties.
- What is the Directorate-General that replaces the former Directorate-General for International
Cooperation and Development?
The Directorate-General for International Partnerships
The Directorate-General for International Trade Partnerships
The Directorate-General for International Development and Partnerships
The Directorate-General for International Cooperation Projects
The Directorate-General for International Partnerships ✓
- What’s the relation between The European Parliament, the Council and the Commission with
the Economic Social Committee and a Committee of the Regions ?
They need their approval
They participate, as advisors, in the triloges
None, The Committees are independent
They shall be assisted in an advisory capacity.
They shall be assisted in an advisory capacity. ✓
Article 13
1. The Union shall have an institutional framework which shall aim to promote its values,
advance its objectives, serve its interests, those of its citizens and those of the Member States, and
ensure the consistency, effectiveness and continuity of its policies and actions.
The Union’s institutions shall be:
— the European Parliament,
— the European Council,
— the Council,
— the European Commission (hereinafter referred to as ‘the Commission’),
— the Court of Justice of the European Union,
— the European Central Bank,
— the Court of Auditors.
2. Each institution shall act within the limits of the powers conferred on it in the Treaties, and in
conformity with the procedures, conditions and objectives set out in them. The institutions shall
practice mutual sincere cooperation.
3. The provisions relating to the European Central Bank and the Court of Auditors and detailed
provisions on the other institutions are set out in the Treaty on the Functioning of the
European Union.
4. The European Parliament, the Council and the Commission shall be assisted by an Economic
and Social Committee and a Committee of the Regions acting in an advisory capacity.
- What is the EU’s ACQUIS?
The fundamental rights of all citizens in the EU countries
The directives that need to be transposed by all EU contries
the body of common rights and obligations that are binding on all EU countries
the package of laws to be adopted by a future Member State
the body of common rights and obligations that are binding on all EU countries ✓
The EU’s ‘acquis’ is the body of common rights and obligations that are binding on all EU countries, as EU Members. It is constantly evolving and comprises:
· the content, principles and political objectives of the Treaties;
· legislation adopted in application of the treaties and the case law of the Court of Justice of the EU;
· declarations and resolutions adopted by the EU;
· measures relating to the common foreign and security policy;
· measures relating to justice and home affairs;
· international agreements concluded by the EU and those concluded by the EU countries between themselves in the field of the EU’s activities.
Applicant countries are required to accept the acquis before they can join the EU. Derogations from the acquis are granted only in exceptional circumstances and are limited in scope. The acquis must be incorporated by applicant countries into their national legal order by the date of their accession to the EU and they are obliged to apply it from that date.
- Which principle or principles limit the use of EU competences?
Solidarity and subsidiarity
Subsidiarity
Proportionality
Proportionality and subsidiarity
Proportionality and subsidiarity ✓
Check art 5 TUE
Article 5
(ex Article 5 TEC)
1. The limits of Union competences are governed by the principle of conferral. The use of Union competences is governed by the principles of subsidiarity and proportionality.
- Who adopts the directive?
The Parliament and in particular cases, the European Council
The Parliament and the Council, under special legislative procedures the Council
The Commission and the Parliament
The Council under special legislative procedures
The Parliament and the Council, under special legislative procedures the Council ✓
SUMMARY OF:
Article 288 of the Treaty on the Functioning of the European Union (TFEU) — directives
WHAT IS THE AIM OF THE ARTICLE?
It defines the various types of legal acts that the EU may adopt, including directives.
KEY POINTS
The directive forms part of the EU’s secondary law. It is therefore adopted by the EU institutions in accordance with the founding treaties. Once adopted at EU level, it is then incorporated — or transposed — by EU countries so it becomes law in their countries.
For example, the directive on the organisation of working time sets mandatory rest periods and a limit on weekly working time authorised in the EU.
However, it is up to each individual country to develop its own laws to determine how to apply these rules.
A binding act of general application
Article 288 of the TFEU states that a directive is binding in the countries to whom it is addressed (one, several or all of them) as to the result to be achieved, while leaving national authorities the competence as to form and means.
However, a directive is distinct from a regulation or a decision:
● unlike a regulation, which is applicable in EU countries’ internal law immediately after its entry into force, a directive is not
directly applicable in EU countries. It must first be transposed into national law before it is applicable in each EU country;
● unlike a decision, the directive is a text with general application to all EU countries.
Adoption
The directive is adopted following a legislative procedure. It is a legislative act adopted by the Council and the Parliament under the ordinary legislative procedure or only by the Council under the special legislative procedures; in that case, the Parliament should consent or be consulted.
Mandatory transposition
For a directive to take effect at national level, EU countries must adopt a law to transpose it. This national measure must achieve the objectives set by the directive. National authorities must communicate these measures to the European Commission.
Transposition must take place by the deadline set when the directive is adopted (generally within 2 years).
When a country does not transpose a directive, the Commission may initiate infringement proceedings and bring proceedings against the country before the Court of Justice of the EU (the non-enforcement of the judgment on this occasion can lead to a new conviction which may result in fines).
Maximum and minimum harmonisation
It is important to distinguish between minimum and maximum (or full) harmonisation requirements in directives. In the case of minimum harmonisation, a directive sets minimum standards, often in recognition of the fact that the legal systems in some EU countries have already set higher standards. In this case, EU countries have the right to set higher standards than those set in the directive.
In the case of maximum harmonisation, EU countries may not introduce rules that are stricter than those set in the directive.
Protection of individuals in the event of incorrect transposition of directives
In principle, the directive only takes effect once transposed. However, the Court considers that a directive that is not transposed can produce certain effects directly when:
● the transposition into national law has not taken place or has been done incorrectly;
● the terms of the directive are unconditional and sufficiently clear and precise;
● the terms of the directive give rights to individuals.
When these conditions are met, individuals may rely on the directive against an EU country in court. However, an individual may not rely on making a claim against another individual with respect to the direct effect of a directive if it has not been transposed (see Judgment in the Case C-91/92 Paola Faccini Dori v Recreb Srl).
The Court of Justice also allows, under certain conditions, individuals the possibility of obtaining compensation for directives whose transposition is poor or delayed (Judgment in the Cases C-6/90 and C-9/90 Francovich and Bonifaci).
Fighting transposition delays
EU countries’ late transposition of directives remains a persistent problem, which prevents citizens and businesses from benefiting from the tangible benefits of EU law.
The EU has set a target of reducing the transposition deficit to 1%. The table of the transposition of EU directives on the single market, published by the Commission in December 2016, shows that 20 countries were not able to achieve this goal and that only 1 country managed to achieve a compliance deficit for national legislation of below the 0.5% proposed in the Single Market Act of April 2011.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:l14527
- What is a constructive abstention?
In EU’s Common Foreign and Security Policy, when a Member State votes in blank
In EU’s Common Foreign and Security Policy, when a Member State abstains from voting without blocking a
decision
In EU’s Common Foreign and Security Policy, when a Member State abstains from voting to block the decision
In EU’s Common Foreign and Security Policy, when a Member State abstains from voting to force a new debate
In EU’s Common Foreign and Security Policy, when a Member State abstains from voting without blocking a
decision ✓
As a general rule, all decisions taken with respect to the EU’s Common Foreign and Security Policy are adopted unanimously.
However, in certain cases, an EU country can choose to abstain from voting on a particular action without blocking it. This could arise, for example, where the EU proposes to condemn the actions of a non-EU country.
Under Article 31 of the Treaty on European Union (TEU), the country that constructively abstains may qualify its abstention by making a formal declaration. In that case, it shall not be obliged to apply this decision, but shall accept that the decision commits the EU.
- Who should be notified when an European states applies to become a member of the
Union?
The European Parliament and national Parliaments
The Commission and the Council
The European Council, The European Parliament and national Parliaments
The Commission and The European Parliament
The European Parliament and national Parliaments ✓
Check art 49 TUE
Any European State which respects the values referred to in Article 2 and is committed to promoting them may apply to become a member of the Union. The European Parliament and national Parliaments shall be notified of this application.
- Who can authorise the adoption of regulation by qualified majority of the Council when
unanimity is required by the Treaties?
The Council
The European Council
An agreement between the European Council and the The Council
The European Parliament
The European Council ✓
The European Council may, unanimously, adopt a decision authorising the Council to act by a qualified majority when adopting the regulation referred to in the first subparagraph.
- what is not a task of the Political and Security Committee?
the political control and strategic direction of the development aid operations
monitor the international situation in the areas covered by the common foreign and security policy
contribute to the definition of policies by delivering opinions to the Council monitor the implementation of agreed policies.
the political control and strategic direction of the crisis management operations
the political control and strategic direction of the development aid operations ✓
Check art 38 TUE
- Who can ask for a meeting of the Council?
the President of the Council
The Commission , its Members and its President
The European Council, The Commission , its Members and its President
The Commission and the Council Members
The Commission , its Members and its President ✓
Article 237
The Council shall meet when convened by its President on his own initiative or at the request of
one of its Members or of the Commission.
- If I write to the Council in my native language, Luxembourgish, from Luxembourg, in which
language should I receive the answer?
Luxembourgish
English, French or German
The official language of the Member State : French
In another EU-Official language I have chosen
In another EU-Official language I have chosen ✓
Check articles 24 TFEU and art 55.1 TEU
- Who can submit propossals to the Council in the area of security policy?
The High Representative
The European Commission and the European Council
The High Representative and the European Commission
The High Representative and the European Council
The High Representative and the European Council ✓
Check Art 22 TUE
- How many configurations of the Council are specifically created by the Treaties?
1
2
9
10
2 ✓
Check Article 236
+
https://www.consilium.europa.eu/en/council-eu/configurations/
- What is the OPEN METHOD OF COORDINATION?
It is a form of informal policy-making that results in binding EU legislative measures
It is a form of intergovernmental policy-making that does not result in binding EU legislative measures
It is a form of interinstitutional policy-making that does not result in binding EU legislative measures
It is a form of policy-making coordination between the Commission and the Council
It is a form of intergovernmental policy-making that does not result in binding EU legislative measures ✓
The open method of coordination (OMC) in the European Union may be described as a form of ‘soft’ law. It is a form of intergovernmental policy-making that does not result in binding EU legislative measures and it does not require EU countries to introduce or amend their laws.
The OMC, originally created in the 1990s as part of employment policy and the Luxembourg process, was defined as an instrument of the Lisbon strategy (2000). This was a time when EU economic integration was advancing quickly but EU countries were reticent to give more powers to the European institutions.
The OMC has provided a new framework for cooperation between the EU countries, whose national policies can thus be directed towards certain common objectives. Under this intergovernmental method, the EU countries are evaluated by one another (peer pressure), with the Commission’s role being limited to surveillance. The European Parliament and the Court of Justice play virtually no part in the OMC process.
The OMC takes place in areas which fall within the competence of EU countries, such as employment, social protection, education, youth and vocational training.
The OMC is principally based on:
· jointly identifying and defining objectives to be achieved (adopted by the Council);
· jointly established measuring instruments (statistics, indicators, guidelines);
· benchmarking, i.e. comparison of EU countries’ performance and the exchange of best practices (monitored by the Commission).
