Lecture 5 The Law of Europe

Question 1

primary law

Answer 1

stems from the treaties

Question 2

secondary law

Answer 2

the body of law that comes from the objectives and principles of the treaties, in form of regulations, directives and decisions

Question 3

directives of EU law

Answer 3

• obligating member states to achieve a certain result, but leave open the way to achieve the result
• member states have to implement directives into their national systems

Question 4

ordinary legislative procedure

Answer 4

1- the Commission submits a proposal to the Parliament and the Council
2- the Parliament approves, amends or rejects the proposal; their position is then communicated to the Council
3- if the Council approves the Parliament’s position, the act is adopted if the wording corresponded to the Parliament’s position.

if the Council and/or the Parliament disagree, the proposal must be sent back and forth between the those two institutions and the Council several times.

Question 5

qualified majority voting

Answer 5

at least 55% of member states and 65% of eu population have to agree. A blocking minority can consist of at least 4 member states representing 35% of the eu population.

QMV is used in the Council.

Question 6

free movement of goods

Answer 6

• prohibition of quantitative restrictions
• prohibition of customs duties on transportation of goods from one member state to another
• prohibition of measures that may hamper free movement of goods

Question 7

free movement of persons

Answer 7

• freedom of movement for workers
• no discrimination based on nationality between workers of the member states regarding employment, renumeration and other conditions of work and employment
• freedom for citizens to live, study, work in any member state

Question 8

free movement of services

Answer 8

• freedom to provide and receive services in any member state
• residents of one member state are allowed to provide services in another member state

Question 9

free movement of capital

Answer 9

• prohibition of restrictions on payments between member states
• if goods and services can be distributed freely, moving capital is also necessary in order to pay for those goods and services.

Question 10

limits to EU power

Answer 10

the EU only has power to legislate in the fields where member states have transferred that power to the EU.

Question 11

subsidiarity

Answer 11

the EU should only use its powers where it can perform a task better than the member states could.

Question 12

proportionality

Answer 12

the EU should only act if the adopted measures are suitable and necessary to achieve a desired outcome

Question 13

rights of all citizens of the EU

Answer 13

• non-discrimination
• right of free movement
• right to vote in EP elections and local elections
• protection by diplomatic and consular services of MS
• right of petition to the EP and the European ombudsman.