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MIP EU Law > Week 2 > Flashcards

Week 2 Flashcards

The EU and the Member States. Division of competences between the EU 3 and the MS. The principles of conferred powers, the principle of subsidiarity and proportionality. Exclusive, shared and other competences of the EU.

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1
Q

what are 3 basic principles of the EU institutional legal system?

A
  • institutional balance principle
  • sincere cooperation principle
  • single institutional framework
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2
Q

What is the principle of single institutional framework?

A

Article 13 of the
Treaty on European Union.

According to that principle the Union shall have an institutional framework which shall
aim to promote its values, advance its objectives and 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.

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3
Q

What is institutional balance principle?

A

According to Article 13
paragraph 2 of the Treaty on the European Union 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.

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4
Q

What is sincere cooperation principle ?

A

The third principle flowing from Article 13 of the Treaty on European
Union. According to that principle the institutions shall
practice mutual sincere cooperation which reflects a more general principle of loyal cooperation
provided for in Article 4 Paragraph 3 on the Treaty on the European Union.

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5
Q

What are advisory bodies ?

A

The European Parliament, the European Council, the Council, the European Commission, the Court
of Justice of the European Union, the European Central Bank and the Court of Auditors. The
European Parliament, the Council and the Commission shall be assisted by an Economic and Social
Committee and the Committee of Regions acting in an advisory capacity.

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6
Q

What is the principle of division of powers?

A

is a fundamental principle

which for centuries has been at the basis of the democratic exercise of public authority.

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7
Q

principle of division of authorities ?

A
  • legislative
  • executive
  • judiciary power
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8
Q

how to identify the constitutional basis for the implementation of EU law?

A
  • the Treaty on European Union
  • the Treaty on the Functioning of
    the European Union
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9
Q

the Council of the EU shall be composed of ?

A

one ministerial representative of each Member State depending on the subject matter of the Council’s meetings

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10
Q

The European Parliament has legislative power of the EU?

A

It follows from the foregoing that it is co-legislator.

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11
Q

Members of the European Commission:

A

is independent from the EU and the nationals of their governments.

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12
Q

Which organization is not an institution of the European Union?

A

Council of Europe

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13
Q

The basic principles of the EU institutional legal system are provided for in Article 13 TEU

A

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.
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14
Q

What are the Unions institutions shall be ?

A
  • 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. (not a court as such it is accountants (system for ensuring the money is spent correctly)

ALL THEY MUST ACT WITHIN THE LINITS OF THEIR POWERS

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15
Q

What is the principle of democracy on the rule of law?

A

is the axiological foundation of the European Union, the guarantees of democratic exercise of public authority should also apply in the European Union.

Democracy is a system of rule by laws, not individuals. In a democracy, the rule of law protects the rights of citizens, maintains order, and limits the power of government. All citizens are equal under the law.

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16
Q

Article 197 TFEU

A
  1. Effective implementation of Union law by the Member States, which is essential for the proper functioning of the Union, shall be regarded as a matter of common interest.
  2. The Union may support the efforts of Member States to improve their administrative capacity to implement Union law. Such action may include facilitating the exchange of information and of civil servants as well as supporting training schemes. No Member State shall be obliged to avail itself of such support. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish the necessary measures to this end, excluding any harmonisation of the laws and regulations of the Member States.
  3. This Article shall be without prejudice to the obligations of the Member States to implement Union law or to the prerogatives and duties of the Commission. It shall also be without prejudice to other provisions of the Treaties providing for administrative cooperation among the Member States and between them and the Union.
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17
Q

Article 291 p2 TFEU

A
  1. Where uniform conditions for implementing legally binding Union acts are needed, those acts shall confer implementing powers on the Commission, or, in duly justified specific cases and in the cases provided for in Articles 24 and 26 of the Treaty on European Union, on the Council.
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18
Q

What it is the EU Parliament?

A

the Parliament represents a legislative power. As the EU is not a state there is a difference between the powers of the European Parliament and the powers of national parliaments.

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19
Q

The European Parliament

A

Articles 14 TEU; 223-234 TFEU

Membership and Functioning - The EP has its seat in Strasbourg and a secretariat in Luxembourg. and certain sessions and committee meeting takings place in Brussels. Members of the EP are directly elected in members states.

the number of MEPs under Lisbon Treaty amendments will be fixed at a maximum 750, plus the President. The number of MEPs and seats allocated to member states, on the basis of population size and “degressive proportionality” (nono having more than 96, not less that 6 MEPS article 13 TEU).

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20
Q

The Power of the EP

A

These are set out in article 14 (1)

  • participation in the legislative process
  • holding other institutions to account
  • budgetary supervision
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21
Q

Why does the EU have institutions?

A

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.’

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22
Q

Function and powers of The European Parliament (14/17 TEU + 223-234 TFEU)

A

o Art 14(1) TEU joint exercise of legislative and budgetary functions with Council.
o Political control and consultation by holding the
o Has its own initiative legislative proposals and rules of procedure.
o Has litigation powers in the form of judicial review.
o Power to scrutinize policy in the form of the Committees of
Inquiry, citizens petitions and the Ombudsman who deals with maladministration

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23
Q

Composition of the European Council (15/18 TEU + 235 TFEU)

A

o Heads of States or government (only they have voting powers). o Has a President62 and half years6can be removed due to serious
misconduct.
o President of the Commission
o High Representative of the Union for Foreign Affairs and Security Policy (HRUFASP)
o Inequality:“Luxemburg can issue a veto once in a decade and Britain once per week”.

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24
Q

Functions and Powers of the European Council (15/18 TEU + 235 TFEU)

A

o Decided on strategic direction.
o No legislative functions.
o Resolves disputes between Institutions and member states.
o No blocking abstentions.
o President:chairs it and drive its work forward and facilitate
cohesion.
o Initiation and affirmation of Treaty changes.

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25
Q

Composition of the Council (of Ministers) (16 TEU + 237-243 TFEU)

A

o Ministerial level representatives. Ministers meet in configurations and vote on their government’s behalf.
o Presidency of Council rotates in 6 month cycles.
o Contains a Committee of Permanent Representatives who are civil servant does preparatory work.

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26
Q

Power of the Council (of Ministers) (16 TEU + 237-243 TFEU)

A

o Legislative and budgetary functions jointly with the Parliament.
o Policy making and coordination:interacts with Commission and can request Commission to act.
o QMV
o Foreign Affairs Council with specific functions.
o Meets in public when it deliberates and votes on draft legislation.

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27
Q

Composition of the Commission (17 TEU + 244-250 TFEU

A

o Up to 2014 it consists of one national from each Member State including its President and HRUFASP (who is bound by Commission rules when exercising responsibilities within the Commission)
o After this it reduces in size-two thirds of member states. Number can be changed by unanimous European Council.
o Commissioners have 5 year terms of office-chosen on general competence, commitment and independence from Member State.
o European Council proposes President of Commission to the Parliament who lays down guidelines, decides on internal organisation, can force Commissioners to resign.

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28
Q

Functions and Powers of the Commission (17 TEU + 244-250 TFEU)

A

o Promotes general interest of the Union.
o Exercise quasi:judicial powers.
o Sole initiator of legislative proposals (draft legislative acts)
o Ensures application of Treaties and measures adopted.
o Sole initiator of European Acts-executive. However, Parliament
and the Council can ask the Commission to make a proposal and under Lisbon the new “citizen’s initiative” created means Commission must consider petitions for proposals by at least 1 million citizens.
o Power to make delegated acts.
o Overseas a large part of EU expenditure
o Guardians of the Treaties but are not elected

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29
Q

Composition of the ECJ (19 TEU + 251-281 TFEU + Protocol 3)

A

o Court of Justice (supreme EU court)- One judge from each Member State-appointment based on recommendations of a panel.
o General court to deal with increasing caseload and specialised cases-right to appeal-has become the central administrative court. Upon appeal, the Court of Justice has discretion to quash a decision and then either issue final judgment or refer matter back to the General Court.
o Judges have 6 year term and choose their own President.
o Swear an oath of independence.
o Advocate Generals-Provide reasoned submissions to Court of Justice issued in advance of judgments-Art 252 TFEU-persuasive
but not binding.
o Number of judges in each case is dependent upon importance of
case.

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30
Q

Functions of the ECJ

A

o Reviews the legality of acts of the institutions.
o Ensures Members comply with Treaty obligations.
o Interprets EU law at request of national courts.
o Constitutes judicial authority of EU and ensures uniform
application and interpretation of EU law.
o Principle of Collegiality:single judgment given.
o Rulings become acquis of the Union-body of law.
o Exclusive jurisdiction over the interpretation and application
of the Treaties (Art 19 TEU)

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31
Q

Jurisdiction of the CoJ

A

o Infringement actions by Commission against MS (Art 258 TFEU)
o Infringement actions by MS against MS (Art 259 TFEU)
o Judicial review actions (Art 263-264/Art 277 TFEU)
o Actions against Institutions for failure to act (Art 265-266 TFEU)
o Preliminary rulings from references by national courts (Art 267
TFEU).
o Damages claim against institutions (Art 268 TFEU) o Possible suspension of acts (Art 278 TFEU)
o Interim measures (Art 279 TFEU)
o Enforceability of judgments (Art 280 TFEU).

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32
Q

What it is European Council?

A

is the institution of the European Union.

EC which sets the general political directions and priorities of the Union by gathering together its member states’ heads of state/government (elected chief executives). The conclusions of its summits (held at least quarterly) are adopted by consensus.

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33
Q

What it is Council of the European Union?

A

is the institution of the European Union.
CoEU brings together ministers of member states governments’ departments. It forms the upper house of the EU’s essentially bicameral legislature and its approval is required for any proposal to enter into law.

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34
Q

What it is the Council of Europe?

A

is an international organisation whose stated aim is to uphold human rights, democracy and the rule of law in Europe.

No country has ever joined the EU without first belonging to the Council of Europe.

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35
Q

What are the basic principles following from article 13?

A
  • the principle of the single institutional framework
  • the principle of institutional balance
  • the principle of sincere cooperation
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36
Q

What are the institutions of the EU?

A
  • the European Parliament
  • the European Council
  • the Council
  • the European Commission
  • the Court of Justice of the European Union
  • the European Central Bank
  • the Court of Auditors
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37
Q

What are advisory bodies?

A

The Economic and Social Committee and the Committee of Regions, acting in an advisory capacity.

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38
Q

What is the principle of division of powers?

A

A fundamental principle; In a democratic state of law, the exercise of rights is entrusted within the framework of the Montesquieu division of authorities.

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39
Q

What is the principle of democracy on the rule of law?

A

The axiological foundation of the EU.

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40
Q

Is it possible to transfer the principle of division of powers in organic terms to EU?

A

No, it occurs in functional terms.

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41
Q

What are the two types of cooperation in the implementation of EU law?

A

vertical and horizontal cooperation.

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42
Q

Of whom is the European Parliament composed?

A

It is composed of representatives of the Union’s citizens.

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43
Q

When did the first general and direct elections to the European Parliament take place?

A

In 1979.

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44
Q

What are the functions of the European Parliament?

A
  • the lawmaking process
  • control competences
  • a motion of censure on the activities of the commission
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45
Q

Does the Parliament take part in the establishment of another institution?

A

Yes, it elects the European Ombudsman and participates in the procedure of the establishment of the European Commission.

46
Q

Is the Council of Europe separate from the EU?

A

Yes.

47
Q

On what does the Council of Europe focus?

A

On the protection of Human Rights and Fundamental Freedoms.

48
Q

Who is appointed by the European Council?

A

The High Representative of the Union for Foreign Affairs and Security Policy, by a qualified majority.

49
Q

Of whom is The Council of the European Union consisted?

A

Of a representative of each member state at the ministerial level.

50
Q

What shall The Foreign Affairs Council do?

A

It shall ellaborate the union’s external action on the basis of strategic guidelines laid down by the European Council and ensure that the union’s action is consistent.

51
Q

What is Eurostat?

A

A special office of the EU that provides for necessary information regarding the number of the population of particular member states.

52
Q

According to article 17 of the Treaty on the EU, what does the European Commission do?

A

It promotes the general interests of the Union and takes appropriate initiatives to that end.

53
Q

Of how many members does the Commission consist?

A

28.

54
Q

Is the Commission completely independent?

A

Yes.

55
Q

What is the first stage of the procedure of the establishment of the Commission?

A

Appointment of the president of the Commission.

56
Q

What are the tasks of the European Commission?

A
  • it oversees the application of Union law under the control of the Court of Justice of the European Union
  • it executes the budget and manages programs of the EU
  • it ensures the EU’s external representation
  • it initiates the EU’s annual and multiannual programming - in some cases it may adopt legal acts.
57
Q

According to article 19 of the Treaty on EU, what does the Court of Justice of the EU include?

A

It includes the Court of Justice, the General Court, and specialized courts,

58
Q

What does the Court of Justice of the EU ensure?

A

It ensures that in the interpretation and application of the law is observed.

59
Q

Who assists the Court of Justice?

A

the Advocate General.

60
Q

How many advocates general are there currently?

A

11.

61
Q

What is the jurisdiction of the Court of Justice?

A
  • to hear and determine the following actions or proceedings - to review the legality of legislative acts, acts of the Council, of the Commission and of the European Central Bank other than recommendations and opinions - it provides the interpretation of EU law in the preliminary ruling procedure - issues am advisory opinion as to the compability of international agreement to be concluded by the EU with the treaties
62
Q

What is the Court of Auditors duty?

A

To carry out the Union’s audit.

63
Q

What does the single institutional framework of EU aim to?

A

It aims to promote its values, advance its objectives, and serve its interests, those of its citizens and those of member states and ensure the consistency, effectiveness, and continuity of its policy and actions.

64
Q

The principle of sincere cooperation is a more general principle of which principle provided in article 4 paragraph 3 of the Treaty on EU?

A

The principle of loyal cooperation.

65
Q

In what terms does the principle of division of powers occur in the EU?

A

In functional terms. Individual institutions, bodies, organizational units can be assigned legislative, executive and judicial functions.

66
Q

What is the constitutional basis for the implementation of EU law?

A
  • The Treaty on EU

- The Treaty on the Functioning of the EU

67
Q

What is article 197. of the Treaty on the Functioning of the EU?

A
  1. Effective implementation of Union law by the Member States, which is essential for the proper functioning of the Union, shall be regarded as a matter of common interest.
  2. The Union may support the efforts of Member States to improve their administrative capacity to implement Union law. Such action may include facilitating the exchange of information and of civil servants as well as supporting training schemes. No Member State shall be obliged to avail itself of such support. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish the necessary measures to this end, excluding any harmonisation of the laws and regulations of the Member States.
  3. This Article shall be without prejudice to the obligations of the Member States to implement Union law or to the prerogatives and duties of the Commission. It shall also be without prejudice to other provisions of the Treaties providing for administrative cooperation among the Member States and between them and the Union.
68
Q

What is recognized as a matter of common interest in article 197. of the Treaty on the Functioning of the EU?

A

The effective implementation of the Union law by member states are essential for the proper functioning of the Union.

69
Q

What is article 291. of the Treaty on the Functioning of the EU?

A
  1. Member States shall adopt all measures of national law necessary to implement legally binding Union acts.
  2. Where uniform conditions for implementing legally binding Union acts are needed, those acts shall confer implementing powers on the Commission, or, in duly justified specific cases and in the cases provided for in Articles 24 and 26 of the Treaty on European Union, on the Council.
  3. For the purposes of paragraph 2, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall lay down in advance the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers.
  4. The word ‘implementing’ shall be inserted in the title of implementing acts.
70
Q

In accordance with what principle is EU law implemented by member states?

A

In accordance with the principle of sincere cooperation.

71
Q

How are elected the members of the European Parliament?

A

For a term of five years by direct universal suffrage in a free and secret ballot.

72
Q

Where are the basic principles of the elections of the European Parliament regulated in?

A

The basic principles are regulated in an act concerning the elections of Representatives to the European Parliament by direct universal suffrage attached to the council decision of 1976 and the Council Directive laying down detailed conditions for the exercise of the right to vote and stand as a candidate in EU elections by EU citizens residing in a state other than of which they are nationals.

73
Q

What kind of power represents the Parliament?

A

A legislative power.

74
Q

What is article 14. of the Treaty on EU?

A
  1. The European Parliament shall, jointly with the Council, exercise legislative and budgetary functions. It shall exercise functions of political control and consultation as laid down in the Treaties. It shall elect the President of the Commission.
  2. The European Parliament shall be composed of representatives of the Union’s citizens. They shall not exceed seven hundred and fifty in number, plus the President. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats. The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph.
  3. The members of the European Parliament shall be elected for a term of five years by direct universal suffrage in a free and secret ballot.
  4. The European Parliament shall elect its President and its officers from among its members.
75
Q

What is the phenomenon of the so-called democratic deficit?

A

In the EU, the Parliament shall jointly with the council exercise legislative and budgetary functions. It follows from the foregoing that it is co-legislator. Originally after the founding treaties entered into force the lawmaking process of the Parliament was limited.

76
Q

What changes regarding the European Parliament were made by the Lisbon Treaty?

A

The Parliament has become next to the Council of the EU a co-legislator in the EU.

77
Q

How does the European Parliament take its decisions?

A

By a majority of its members.

78
Q

What happens if the motion of censure is carried by a two thirds majority of the votes cast representing a majority of the competent members of the European Parliament?

A

The members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign as well from duties that he or she carries out in the commission.

79
Q

When can the European Parliament set up a temporary committee of inquiry to investigate without prejudice to the powers conferred by the treaties on other institutions and bodies, alleged contraventions or maladministration in the implementation of EU law?

A

At the request of a quarter of its component members.

80
Q

When can’t the European Parliament load a complaint to the Court of Justice of the European Union on the legality of legislative acts of the Council, of the Commission and of the European Bank and other institutions?

A

When the alleged facts are being examined before a court and while the case is still sapped of legal proceedings.

81
Q

Is the European Parliament informed at all stages of the procedure of the conclusion of the international agreement?

A

Yes.

82
Q

What was the European Council before the entry into force of the Treaty of Lisbon?

A

The only body of the European Union as sui generis international organization.

83
Q

What is article 15. of the Treaty on the EU?

A
  1. The European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof. It shall not exercise legislative functions.
  2. The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work.
  3. The European Council shall meet twice every six months, convened by its President. When the agenda so requires, the members of the European Council may decide each to be assisted by a minister and, in the case of the President of the Commission, by a member of the Commission. When the situation so requires, the President shall convene a special meeting of the European Council.
  4. Except where the Treaties provide otherwise, decisions of the European Council shall be taken by consensus.
  5. The European Council shall elect its President, by a qualified majority, for a term of two and a half years, renewable once. In the event of an impediment or serious misconduct, the European Council can end the President’s term of office in accordance with the same procedure.
  6. The President of the European Council:
    (a) shall chair it and drive forward its work;
    (b) shall ensure the preparation and continuity of the work of the European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council;
    (c) shall endeavour to facilitate cohesion and consensus within the European Council;
    (d) shall present a report to the European Parliament after each of the meetings of the European Council.
    The President of the European Council shall, at his level and in that capacity, ensure the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy. The President of the European Council shall not hold a national office.
84
Q

When does the European Council meet?

A

Every six months convened by its president.

85
Q

Explain the duties of the European Council.

A
  • it provides the union with the necessary impetus for its development - it defines the general political directions and priorities - it plays a particular role in the external relations of the EU - it appoints the High Representative of the Union for Foreign Affairs and Security Policy and ends his term of office - it is involved in the procedure of treaty amendments - it participates in the procedure of establishing the European Commission
86
Q

What is article 7. of the Treaty on the EU?

A
  1. On a reasoned proposal by one third of the Member States, by the European Parliament or by the European Commission, the Council, acting by a majority of four fifths of its members after obtaining the consent of the European Parliament, may determine that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2. Before making such a determination, the Council shall hear the Member State in question and may address recommen­ dations to it, acting in accordance with the same procedure.
    The Council shall regularly verify that the grounds on which such a determination was made continue to apply.
  2. The European Council, acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the consent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of the values referred to in Article 2, after inviting the Member State in question to submit its observations.
  3. Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of the Treaties to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons. The obligations of the Member State in question under the Treaties shall in any case continue to be binding on that State.
  4. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 3 in response to changes in the situation which led to their being imposed.
  5. The voting arrangements applying to the European Parliament, the European Council and the Council for the purposes of this Article are laid down in Article 354 of the Treaty on the Func­ tioning of the European Union.
87
Q

On what basis may the treaties be amended by the European Council’s decision?

A

On the basis of simplified procedures by the European Council’s decision taken by unanimity.

88
Q

What is article 236. of the Treaty on the Functioning of the EU?

A

The European Council shall adopt by a qualified majority:

(a) a decision establishing the list of Council configurations, other than those of the General Affairs Council and of the Foreign Affairs Council, in accordance with Article 16(6) of the Treaty on European Union;
(b) a decision on the Presidency of Council configurations, other than that of Foreign Affairs, in accordance with Article 16(9) of the Treaty on European Union.

89
Q

What should the general first council of the Council of the EU

A

It shall ensure consistency in the work of the different Council configurations; it shall prepare and ensure the follow up two meetings of the European Council and liaise with the president of the European Council and the commission.

90
Q

What is the double qualified majority?

A

It shall be defined as at least 55 percent of the members of the council comprising at least 15 of them and representing member states comprising at least 65 percent of the population of the Union.

91
Q

What can the European Council suspend acting by a qualified majority?

A

It may suspend certain of the rights deriving from the application of the treaties to the member state in question, including the voting rights of the representative of the government of that state in the council.

92
Q

What is the European Commission’s term office?

A

Five years.

93
Q

On what ground shall the members of the Commission be chosen?

A

On the ground of the general competence and European commitment from persons whose independence is beyond doubt.

94
Q

What kind of character does the Commission have in contrast to the Council of the EU?

A

A supranational character.

95
Q

What is article 17 of the Treaty on the EU?

A
  1. The Commission shall promote the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them. It shall oversee the application of Union law under the control of the Court of Justice of the European Union. It shall execute the budget and manage programmes. It shall exercise coordinating, executive and management functions, as laid down in the Treaties. With the exception of the common foreign and security policy, and other cases provided for in the Treaties, it shall ensure the Union’s external representation. It shall initiate the Union’s annual and multiannual programming with a view to achieving interinstitutional agreements.
  2. Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise. Other acts shall be adopted on the basis of a Commission proposal where the Treaties so provide.
  3. The Commission’s term of office shall be five years.
    The members of the Commission shall be chosen on the ground of their general competence and European commitment from persons whose independence is beyond doubt.
    In carrying out its responsibilities, the Commission shall be completely independent. Without prejudice to Article 18(2), the members of the Commission shall neither seek nor take instructions from any Government or other institution, body, office or entity. They shall refrain from any action incompatible with their duties or the performance of their tasks.
  4. The Commission appointed between the date of entry into force of the Treaty of Lisbon and 31 October 2014, shall consist of one national of each Member State, including its President and the High Representative of the Union for Foreign Affairs and Security Policy who shall be one of its Vice- Presidents.
  5. As from 1 November 2014, the Commission shall consist of a number of members, including its President and the High Representative of the Union for Foreign Affairs and Security Policy, corresponding to two thirds of the number of Member States, unless the European Council, acting unanimously, decides to alter this number.
    The members of the Commission shall be chosen from among the nationals of the Member States on the basis of a system of strictly equal rotation between the Member States, reflecting the demographic and geographical range of all the Member States. This system shall be established unanimously by the European Council in accordance with Article 244 of the Treaty on the Functioning of the European Union.
  6. The President of the Commission shall:
    (a) lay down guidelines within which the Commission is to work;
    (b) decide on the internal organisation of the Commission, ensuring that it acts consistently, effi­ ciently and as a collegiate body; (c) appoint Vice-Presidents, other than the High Representative of the Union for Foreign Affairs and Security Policy, from among the members of the Commission.
    A member of the Commission shall resign if the President so requests. The High Representative of the Union for Foreign Affairs and Security Policy shall resign, in accordance with the procedure set out in Article 18(1), if the President so requests.
  7. Taking into account the elections to the European Parliament and after having held the appropriate consultations, the European Council, acting by a qualified majority, shall propose to the European Parliament a candidate for President of the Commission. This candidate shall be elected by the European Parliament by a majority of its component members. If he does not obtain the required majority, the European Council, acting by a qualified majority, shall within one month propose a new candidate who shall be elected by the European Parliament following the same procedure.
    The Council, by common accord with the President-elect, shall adopt the list of the other persons whom it proposes for appointment as members of the Commission. They shall be selected, on the basis of the suggestions made by Member States, in accordance with the criteria set out in paragraph 3, second subparagraph, and paragraph 5, second subparagraph.
    The President, the High Representative of the Union for Foreign Affairs and Security Policy and the other members of the Commission shall be subject as a body to a vote of consent by the European Parliament. On the basis of this consent the Commission shall be appointed by the European Council, acting by a qualified majority.
  8. The Commission, as a body, shall be responsible to the European Parliament. In accordance with Article 234 of the Treaty on the Functioning of the European Union, the European Parliament may vote on a motion of censure of the Commission. If such a motion is carried, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from the duties that he carries out in the Commission.
96
Q

Who proposes the candidate for president of the Commission to the European Parliament?

A

The European Council.

97
Q

In accordance with which treaty is the Commission responsible to the European Parliament?

A

In accordance with the Treaty on the Functioning of the European Union.

98
Q

Where is the so-called Committee allergy procedure provided?

A

In the regulation of the European Parliament and of the Council of 16th February 2011.

99
Q

What is the Committee of Regions?

A

A body consisted of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.

100
Q

What is article 19. of the Treaty on the EU?

A
  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.
101
Q

How are the judges of the Court of Justice and the judges of the General Court being chosen?

A

From persons whose independence is beyond doubt and who possess the qualifications required for appointments to the highest judicial offices in their respective countries or who are jurists of recognized competence; they are appointed by common accord of the governments of the member states for a term of six years after consultation of the special panel consisting inter alia of the former judges.

102
Q

Are there any specialized courts currently?

A

No.

103
Q

Who creates specialized courts?

A

The European Parliament and the Council.

104
Q

What is the purpose of specialized courts?

A

They may be created in order to hear and determine at first instance certain classes of action or proceedings brought in specific areas.

105
Q

How can the number of Advocate General be increased?

A

By the Council acting unanimously.

106
Q

What is the Advocate General’s duty?

A

To act with complete impartiality and independence and to make open court reasoned submissions on cases which in accordance with the statute of the Court of Justice of the EU require his involvement.

107
Q

Do the EU courts have limited jurisdiction?

A

Yes.

108
Q

What is article 267. of the Treaty on the Functioning of the European Union?

A

The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning:
(a) the interpretation of the Treaties;
(b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union;
Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court to give a ruling thereon.
Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court.
If such a question is raised in a case pending before a court or tribunal of a Member State with regard to a person in custody, the Court of Justice of the European Union shall act with the minimum of delay.

109
Q

Who are the members of the Court of Auditors?

A

One national of each member state chosen from among persons who belong or have belonged in their respective states to external audit bodies who are especially qualified for this office.

110
Q

Who adopts the list of members of the Court of Auditors?

A

The council, after consulting the European Parliament

MIP EU Law (9 decks)

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