Laws Flashcards

1
Q

What is the ordinary legislative procedure?

A

Codecision officially became the ‘Ordinary Legislative Procedure’ and the general rule for passing legislation at EU level, covering the vast majority of areas of Union action. The main characteristic of the ordinary legislative procedure is the adoption of legislation jointly and on an equal footing by Parliament and the Council. It starts with a legislative proposal from the Commission (normally for a regulation, directive or decision) and consists of up to three readings, with the possibility for the co-legislators to agree on a joint text - and thereby conclude the procedure - at any reading.

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2
Q

How is an EU directive adopted? How is a law passed?

A

A directive is a legal act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations, which are self-executing and do not require any implementing measures. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter.

The text of a draft directive (if subject to the co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts. The draft is presented to the Parliament and the Council—composed of relevant ministers of member governments, initially for evaluation and comment then subsequently for approval or rejection.
Most EU laws are adopted using the ordinary legislative procedure, in which the European Parliament (directly elected) and the Council of the EU (representatives of the 28 EU countries) have equal say. The Commission submits a legislative proposal to the Parliament and Council, who must agree on the text in order for it to become EU law.

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3
Q

Which one is NOT a basic act?

a. directives
b. regulations
c. decisions
d. recommendations

A

d. recommendations

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4
Q

What major treaties define the EU’s institutional setup?

A

TEU, TFEU
The two principal treaties on which the EU is based are the Treaty on European Union (TEU; Maastricht Treaty, effective since 1993) and the Treaty on the Functioning of the European Union (TFEU; Treaty of Rome, effective since 1958).

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5
Q

What is a primary law?

A

Treaties.
Primary law is constituted by treaties laying down the legal framework of the European Union.
Secondary law is composed of legal instruments based on these treaties, such as regulations, directives, decisions and agreements.

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6
Q

Which statement is NOT true about the Charter of Fundamental Rights of the European Union?

a. It has six titles on substantive rights under the headings: dignity, freedoms, equality, solidarity, citizens’ rights and justice.
b. It entered into force with the Treaty of Lisbon in 2009.
c. The Charter applies to the Institutions of the European Union and its member states when implementing European Union law.
d. It is overseen by the EU Agency for Fundamental Rights.

A

d. It is overseen by the EU Agency for Fundamental Rights.

The Charter of Fundamental Rights of the European Union (2000) enshrines certain political, social, and economic rights for European Union citizens and residents into EU law.

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