The EU Legislative Process Flashcards
What components are necessary for adoption of EU leglslation?
- Proper legal basis (see the power of conferral)
- .Principle of Subsidiarity Must be Respected
What is the principle of limited powers?
Synonym for the power of conferral: the EU can only act within the limits of the competences that have been conferred upon it by the EU treaties.
What is the principle of implied powers?
Powers that have not been explicitly conferred upon the EU in the treaties but derive either from the explicitly conferred powers or the objectives of the EU. Implied powers limit the restraint of the principle of limited powers.
Case C-376/98 Germany v Parliament and Council [2000] ECR I-08419
Germany challenging EU regulation of tabacco advertising. EU Court of Justice determined the EU did not have an unlimited power to regulate the market. Legislation must be limited to confered power.
What is the yellow card procedure? Has it ever been used? What principal does it relate to?
When reasoned opinions represent at least one third of all the votes allocated to the national Parliaments, the Commission must review its proposal. This threshold is lower for draft legislative acts related to justice, freedom and security – one quarter. In both cases, the Commission can decide whether to maintain, change or withdraw its proposal. The Commission must give reasons for its decision.
Only triggered three times.
Principle of subsidiarity
What is the orange card procedure? Has it ever been used? What principal does it relate to?
When reasoned opinions represent a majority of the votes and the draft act falls under theordinary legislative procedure, the Commission must review its proposal and decide whether to maintain,change or withdraw it. If the Commission decides to maintain its proposal, it must justify its decision to the European Parliament and Council as to why the proposal complies with the principle of subsidiarity.
The orange card procedure has never been triggered.
Principle of subsidiarity
What are trilogues?
Meetings behind closed doors of the Council, the Commission, and the EP to try and work out approaches to legislation in advance so the voting process goes quickly/is streamlined.
SA Roquette Frères v Council (1980) Case 138/79
Council adopted some tariff legislation by itself because it was mad the EP adjourned for the holidays without dealing with it. EU Court of Jusitce said Council shouldn’t have done that but admonished the two bodies to work together.
Case C-409/13 Council v. Commission
In a nutshell, the Court required the Commission to state reasons for an act of withdrawal and even assessed the Commission’s actions on the merits.
Are implementing acts typically left to Member States?
Yes, unless uniform implementation is necessary. Then Council/Commission must get involved.
