L3: : EU laws: Primary and secondary legislation and decision-making principles

Question 1

REPEAT: what is Primary Legislation?

Answer 1

it functions as a framework that sets rules and polices. It said how decisions should be made and it is at the top at the hierarchy of European legislation and when you want to make new rules you should always look at this legislation first.

• Treaty of European Union (TEU)
• Treaty on the functioning of the European Union (TFEU)
• Fundamental rights charter (FRC)

Question 2

repeat: what is secondary legislation?

Answer 2

=binding legislation and is made based on primary law

• Regulations
• Directives ——-Art 288 TFEU
• Decisions

Question 3

what is Acquis Communautaire?

Answer 3

primary and secondary legislation and judgements CoJEU—rights and obligations that bind MS together within the EU.

Question 4

what does Art 288 TFEU—the EUs legal acts do?

Answer 4

• Regulations, directive, and decision—– bniding

- Recommendation and opinions—– nonbinding (soft law) they don’t create but they can be persuasive

Question 5

the applicability of Secondary legislation: regulations, directives and decision?

Answer 5

• Regulation= directly applicable in MS. No transposition into national law. General in nature. No different measurements. They are supposed to achieve uniformity through the whole EU.
• Directive= guidelines to be transposed into national law. Deadline for transposition. Instruments for harmonization. MS can implement it in a way that suits them. it can also be for certain MS.
• Decision= biding on individuals (both natural and legal persons) biding on MS. Addressed to a closed circle of identifiable subjects. They take place immediately. They are very specific.

Question 6

what about recommendations and opinion

Answer 6

they are non binding instruments
Opinion= preparatory act before legislation can be adopted. They can persuade the commission to change it.
Recommendation= call for a particular behaviour. More general. Is often the institutions within the EU sharing recommendations within a certain topic.

Question 7

what is are the 5 eu- decisions making principles?

Answer 7

• Loyalty
• Principle of conferral
• The concept of the legal basis Art 2-6 TFEU
• The principle of subsidiarity
• Proportionality principle

Question 8

what does Loyalty entail?

Answer 8

• laid down in Art 4 (3) TEU and 13(2) TEU.
• interpreted in Spanish strawberry case (C-265/95)
• sometimes referred to as the principle of sincere cooperation.

Question 9

what is the Principle of conferral?

Answer 9

’The Union can act only within the limits of the competences conferred upon it by the MS. . The EU can’t just start coffering a specific area. Only after the conferral of the MS.

• Laid down in Art 5 (2) and 13 (2) TEU.
• Examples of conferred powers: Art 46 TFEU and Art 192 TFEU
• Examples of specific limitations: Art 168 (70 TFEU

Question 10

what is concept of the legal basis?

Answer 10

Art 2-6 TFEU