Week 4&5

Question 1

Principle of conferral

Answer 1

art 4(1) TEU with 5(1),(2)
EU needs legal basis for acts (specific or general)
Specific: spec policy areas (prevail over general)
General: relate in general way to internal market or to objectives

Question 2

Legal basis

Answer 2

field in which EU can act
type of act possible
procedure to follow
(“Having regard to the Treaty and in particular to art X, ….”)

Question 3

What if EU law breaches primary norm?

Answer 3

CJEU can annul secondary law
action for annulment within 2 months of publication

Question 4

3 types of EU competences

Answer 4

Exclusive (all powers in field to EU, MS can only act if empowered by EU or for implementation)
Shared (EU action supersedes MS competence)
Supporting/coordinating/supplementing (EU may only act to support/complement/coordinate actions of MS, does not supersede MS competence)

Question 5

Principle of subsidiarity

Answer 5

3 conditions for EU intervention:
-non-exclusive competence
-objective can’t be sufficiently achieved by MS
-action implemented more successful by EU
compliance may e reviewed retrospectively
can be annulled

Question 6

Regulations

Answer 6

directly applicable
binding in their entirety
becomes part of national legal system
doesn’t need measures to be incorporated in national law

Question 7

Directives

Answer 7

binding as to effect to be achieved

Question 8

Decisions

Answer 8

binding on those addressed to
MS, individuals
directly applicable

Question 9

Hierarchy of EU norms

Answer 9

Treaties and Charter
General principles
Legislative acts (Regulations and directives)
Non-legislative acts (delegated and implementing acts)

Question 10

Non-legislative acts

Answer 10

no legislative procedure
implementing acts
delegated acts

Question 11

delegated and implementing acts

Answer 11

Delegated:
legislative acts delegate power to commission
amend/supplement legal acts

Implementing:
powers conferred to commission
made pursuant to any legally binding Union act