Week 8: Union Legislation

Question 1

What composes the Multi-Layered legal system of the EU?

Answer 1

1. Primary Law
2. Secondary Measures
3. General Principles of Law
4. Non-binding measures (Soft Law)
5. Case Law of the CJEU

Question 2

Describe the Primary Law:

Answer 2

It is the supreme source of law in the EU, it prevails over all other sources of law and consists mainly of the treaties of the EU:
- Founding treaties: ex. Treaty establishing the ECSC, Euratom, Treaty of the European Union…
- Accession treaties: Treaty of accession of all countries
- Amending treaties: Merger treaty, treaty of Amsterdam, Treaty of Nice, Single European Act, Treaty of Lisbon

Question 3

Describe General principles of Law in the multi-layered system:

Answer 3

It stands for the fundamental rights and EU principles. For example the principle of subsidiarity.

Question 4

Describe the Ordinary revision procedure of the revision of the Treaties:

Answer 4

There are two types:
1. Convention model (extensive amendments): starts with convening a European Convention composed of representatives from various bodies (heads of state or governments, repr. of European Commission…). It aims to provide a more democratic forum for proposing and discussing treaty amendments.

2. Intergovernmental conference: representatives from member states’ governments come together to negotiate and decide on proposed changes to the EU treaties.

Question 5

Describe the Simplified revision procedure on the Revision of the treaties:

Answer 5

• Introduced by the Treaty of Lisbon
• Aims to speed up the process of modifying certain internal policies and actions of the European Union without the need for convening a European Convention or an Intergovernmental conference.
• This procedure facilitates the evolution of EU policies in specific areas without the extensive formalities required by the ordinary revision process.

Question 6

Describe the Passerelle Clause on the Revision of the treaties:

Answer 6

• The use of a passerelle clause means there is no need to formally amend the EU treaties and thus no requirement for this to be ratified by the EU Member States.
• national parliaments retain the right to object to these changes

THERE ARE TWO TYPES:
1. Decision-making in the Council 🡪 unanimity TO major voting
2. Specialized legislative procedure 🡪 ordinary legislative procedure (co-decision procedure)

Question 7

Where is the Union’s catalogue of human rights primarily embodied?

Answer 7

In the Charter of Fundamental Rights of the European Union.

Question 8

How was the drafting method of the Charter of Fundamental Rights?

Answer 8

Through CONVENTION MODEL: involved representatives from national governments, the European Commission, the European Parliament, national parliaments, and civil society.

Question 9

When was the The Charter of Fundamental Rights proclaimed?

Answer 9

• December 7, 2000 in Nice
• The Charter’s status was further solidified with the Lisbon Treaty in 2009

Question 10

What is the structure of the Charter of fundamental rights?

Answer 10

• DIGNITY: the right to life, prohibition of torture
• FREEDOMS: right to liberty, freedom of expression, work and property…
• EQUALITY: gender equality, non-discrimination, religious…
• SOLIDARITY: fair working conditions, prohibition of child labor, social security, health care…
• CITIZENS’ RIGHTS: freedom of movement, diplomatic protection, right to vote…
• JUSTICE: right of defense and fair trial, principles of legality and proportionality
  -GENERAL PROVISIONS

Question 11

Describe the secondary measures inside the multi-layered system of the EU:

Answer 11

• They are the regulations, directives, and decisions created by the EU institutions based on the powers granted to them by the treaties. Regulations are directly applicable across the EU, while directives require transposition into national law by member states
• Include: Regulations, Implementing Acts, delegated acts, directives, decisions.

Question 12

What are the regulations inside the Secondary measures?

Answer 12

They are legal acts that apply automatically and uniformly to all EU countries as soon as they enter into force, without needing to be transposed into national law.

Question 13

What are Implementing acts inside the Secondary measures?

Answer 13

• They introduce measures to ensure laws are implemented in the same way throughout the EU member states
• They are adopted by COMITOLOGY

Question 14

What is Comitology?

Answer 14

Comitology refers to a set of procedures, including meetings of representative committees, that give EU countries a say in the implementing acts.

Question 15

What are Delegated acts inside the Secondary measures?

Answer 15

• These modify or supplement existing laws, to add new non-essential rules
• The delegated act cannot change the essential elements of the law

Question 16

What are the Directives inside the Secondary measures?

Answer 16

• A legislative act that sets out a goal that EU countries must achieve. However, it is up to the individual countries to devise their own laws on how to reach these goals.
• Must be implemented (transposed into national law) within a certain period of time.

Question 17

What are Decisions inside the Secondary measures?

Answer 17

• A decision is a binding legal act that either may be of general application or may have a specific addressee
• may be a legislative or a non-legislative act

Question 18

What is the Ordinary legislative procedure?

Answer 18

• proposal by the European Commission, parliament first reading (with or without amendments), council first reading (approves parliament’s position without amendments, or adopts amendments, or approves parliament’s position), resulting to the adoption or approval.

Question 19

What is the Consultation procedure?

Answer 19

It requires the Council to take into account the European Parliament’s opinion and the Council is not actually bound by the Parliament’s position but only by the obligation to consult it. The absence of such consultation makes the act illegal and capable of annulment by the Court of Justice

Question 20

What is the Consent power?

Answer 20

the parliament has the power to accept or reject a legislative proposal, but cannot amend it. The council has no power to overrule the parliament’s opinion.

Question 21

How is the Hierarchy of EU law?

Answer 21

1. Primary Law: Treaties and general principles of law
2. International agreements
3. Legislative acts: legal acts decided according to the legislative procedure
4. Delegated acts: acts of general application to supplement or amend certain non-essential elements of a legislative act
5. Implementing acts: issued by the commission where uniform conditions of implementation are required in the EU