Week 2-EU Institutions and Legislative Procedures Flashcards
What is the main article on democracy in EU Law
-Article 10 TEU
What are some supplementary articles on democracy in the EU?
Article 1(2)
Article 2 TEU
Article 7 TEU
Article 11 (1-4) TEU
Dont forget about specific paragraph
What is the main article on equalit in EU Law
-Art. 9 TEU
What are the articles on Equality and Citizenship?
Art. 20-25 TFEU
What are the articles on Mutual and Sincere Cooperation in EU Law?
-Art 4(3) TEU
-Art 13(2) TEU
Where is article which lays down the functions of the European Council?
-Art 14 TEU
Where is the article which lays down the functions of the Council
-Article 16 TEU
Where is the article on the functions the European Council found?
Art. 15 TEU
Where are the articles laying down the functions of parliament, council, european council, commission
Art 14-17(1) TEU
What are the functions of the parliament
-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
What are the functions of the council
-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
What is the European Council
-Art 15 TEU
- political agenda
- NO leg. fun.
Explain the fnctions of the commission
-general interest
-application of treat.
-application of EU Law
-budget + programmes
-coordinating, exec. + manag.
-outside EU rep.
-annual + multiannual programming
Explain the Commission’s role in the legislative process
-Art 17(2) TEU
-Legislative initiative: main person who does this
(other bodies (e.g parliament + council) only do this in some cases
Which article describes the Commission’s role in the legislative process?
-Art 17(2) TEU
What are the articles which cover the request to commission to submit legislative proposal
Art.225 TFEU- Euro. parl.
Art 241 TFEU-Council
Art 11(4) TEU- 1 million citizens
Which articles lay out the legislative procedres?
OLP- 289 (1) TFEU
SLP-289 (2) TFEU
What are acts adopted by a legislative procedure called?
- Legislative acts
Where is the ordinary legislative procedure outlined in detail?
- Art. 294 TFEU
What is the difference between a SLP and an OLP?
-OLP= eu parliament + council fully agree
-JOINT ADOPTION
-SLP-not uniform adoption/agreement
-adopted by PARLIAMENT with the participation of council
What is a non-legislative procedure?
-a measure adopted through non-legislative means (well yes !)
-bcs they are strongly related 2 the executive’s role
Give an example of a non-legislative procedure
-management of fishing opportunities (Art. 43 TFEU)
How does an EU measure enter into force
-signatures
What is the article on the entering into force of EU Measures?
–Art. 297(1) TFEU->legi. acts
– Art. 297(2) TFEU –> non-legislative acts
What are the types of non-legislative acts?
-delegated act
-implementing act
-normative act
Explain what a delegated act is ?
- non-leg. act
-amend or supple. the
-non-essential elements of the legislation
(read reading)
Explain what an implementing act is?
-non-leg. act
-detailed rules
-uniform implem. of leg. binding Union acts
What is a normative act?
– SCHOLARS
-ASK AURELIA
What is the article for delegated acts
Art. 290 TFEU
What is the article for implementing acts?
-Art. 291 TFEU
What are the facts of the Council v. Commission Case
-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
What are the case law rules found in the Commission v. Council Case?
- 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)
What were the questions of law of the Council v. Commission Case?
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?
