Week 2-EU Institutions and Legislative Procedures

Question 1

What is the main article on democracy in EU Law

Answer 1

-Article 10 TEU

Question 2

What are some supplementary articles on democracy in the EU?

Answer 2

Article 1(2)
Article 2 TEU
Article 7 TEU
Article 11 (1-4) TEU

Dont forget about specific paragraph

Question 3

What is the main article on equalit in EU Law

Answer 3

-Art. 9 TEU

Question 4

What are the articles on Equality and Citizenship?

Answer 4

Art. 20-25 TFEU

Question 5

What are the articles on Mutual and Sincere Cooperation in EU Law?

Answer 5

-Art 4(3) TEU
-Art 13(2) TEU

Question 6

Where is article which lays down the functions of the European Council?

Answer 6

-Art 14 TEU

Question 7

Where is the article which lays down the functions of the Council

Answer 7

-Article 16 TEU

Question 8

Where is the article on the functions the European Council found?

Answer 8

Art. 15 TEU

Question 9

Where are the articles laying down the functions of parliament, council, european council, commission

Answer 9

Art 14-17(1) TEU

Question 10

What are the functions of the parliament

Answer 10

-Art 14
-LEGISLATIVE+
BUDGETARY functions (with council)
-political CONTROL and
CONSULTATION
-Holds the executive (Commission, Concil, European Council) ACCOUNTABLE*
-ELECTS the President of the Commission

Luxemburg and Belgium Control and Coordinate Austrian Electors

Question 11

What are the functions of the council

Answer 11

-Art 16 TEU
- legislative + executive power
- For legislation to pass
-SM: 14 member states in favour
-QM: at least 55% of the members of the Council
-At least 15 of thoses members combining in total
-65% of the EU population??
-NB: some treaty provisions require an U. council decision

-Policy making

Question 12

What is the European Council

Answer 12

-Art 15 TEU
- political agenda
- NO leg. fun.

Question 13

Explain the fnctions of the commission

Answer 13

-general interest
-application of treat.
-application of EU Law
-budget + programmes
-coordinating, exec. + manag.
-outside EU rep.
-annual + multiannual programming

Question 14

Explain the Commission’s role in the legislative process

Answer 14

-Art 17(2) TEU
-Legislative initiative: main person who does this
(other bodies (e.g parliament + council) only do this in some cases

Question 15

Which article describes the Commission’s role in the legislative process?

Answer 15

-Art 17(2) TEU

Question 16

What are the articles which cover the request to commission to submit legislative proposal

Answer 16

Art.225 TFEU- Euro. parl.
Art 241 TFEU-Council
Art 11(4) TEU- 1 million citizens

Question 17

Which articles lay out the legislative procedres?

Answer 17

OLP- 289 (1) TFEU
SLP-289 (2) TFEU

Question 18

What are acts adopted by a legislative procedure called?

Answer 18

• Legislative acts

Question 19

Where is the ordinary legislative procedure outlined in detail?

Answer 19

• Art. 294 TFEU

Question 20

What is the difference between a SLP and an OLP?

Answer 20

-OLP= eu parliament + council fully agree
-JOINT ADOPTION
-SLP-not uniform adoption/agreement
-adopted by PARLIAMENT with the participation of council

Question 21

What is a non-legislative procedure?

Answer 21

-a measure adopted through non-legislative means (well yes !)
-bcs they are strongly related 2 the executive’s role

Question 22

Give an example of a non-legislative procedure

Answer 22

-management of fishing opportunities (Art. 43 TFEU)

Question 23

How does an EU measure enter into force

Answer 23

-signatures

Question 24

What is the article on the entering into force of EU Measures?

Answer 24

–Art. 297(1) TFEU->legi. acts
– Art. 297(2) TFEU –> non-legislative acts

Question 25

What are the types of non-legislative acts?

Answer 25

-delegated act
-implementing act
-normative act

Question 26

Explain what a delegated act is ?

Answer 26

• non-leg. act
  -amend or supple. the
  -non-essential elements of the legislation
  (read reading)

Question 27

Explain what an implementing act is?

Answer 27

-non-leg. act
-detailed rules
-uniform implem. of leg. binding Union acts

Question 28

What is a normative act?

Answer 28

– SCHOLARS
-ASK AURELIA

Question 29

What is the article for delegated acts

Answer 29

Art. 290 TFEU

Question 30

What is the article for implementing acts?

Answer 30

-Art. 291 TFEU

Question 31

What are the facts of the Council v. Commission Case

Answer 31

-MFA to third party countries
-Commission submits proposal 4 impl. powers 2 approve MFA
-Council: No ! OLP
-Parliament: maybe enact the delegating act?
but eventually council + parliament agree it should be OLP

Question 32

What are the case law rules found in the Commission v. Council Case?

Answer 32

• council has not ACTED
  -e.g: not stated opinion (C74)
  -Must give reason to parliament and council the grounds for the withdrawl –> this has to be cogend (C76)
  -Pay enough attention to the concerns of the Parliament and the Council, in the spirit of sincere cooperation (C.83)

Question 32

What were the questions of law of the Council v. Commission Case?

Answer 32

When could the commission withdraw its proposal for legislation?
Does the withdrawel by the Commission, violate the principle of conferral, mutual sincere cooperation and obligation to state reason?