week 2 engels recht

Question 1

hierarchy of legal acts

Answer 1

1)primary union law (tfeu , teu , charter of fundamental rights, protocolsd
2)general principles of law mainly developed in court of justice case law
3)regulations, directives , decisions
4)delegated acts and implementing ( tertiary union law)

Question 2

whether the eu can act

Answer 2

principe of conferral + legal basis
either exclusive, shared or ancillary competence

Question 3

wether the eu should act

Answer 3

principle of subsidiarity: better achieved at EU level

Question 4

how the eu should act

Answer 4

principle of proportionality

Question 5

regulations

Answer 5

binding in their entirety, direcly applicable

Question 6

directives

Answer 6

binding as to the end to be achieved, leaving choice to the member states (national discretion)d

Question 7

decisions

Answer 7

binding in their entirety , if there is an adresse: only binding to them

Question 8

delegated acts

Answer 8

methodology: expert groups.
goal: further specifications of technical details or amending specific parts of legislation
can be vetoed by ep en council

Question 9

implementing acts

Answer 9

goal is creation of uniform condition
cannot be vetoed by ep and council

Question 10

a directive

Answer 10

contains a deadline for its implementation by the EU member states in their domestic legal order