EU Legislation

Question 1

Modes of governance

Answer 1

-exclusive
-shared
-supporting/ coordinating/ supplemententary

Question 2

Conferral principle

Answer 2

The EU can only act within the limits of the competences that have been conferred upon it by EU Treaties

Question 3

Principle of subsidiarity

Answer 3

The EU should act only when necessary to ensure that decisions are taken as close to the citizens as possible

Question 4

Principle of proportionality

Answer 4

EU measures must ensure a balance between the means used and the intended aim; and must be necessary and suitable.

Question 5

Policy Cycle (5)

Answer 5

• agenda setting (collaboration between all 3 institutions- IIABL, 2016)
  -policy formulation (Commission)
  -policy decision (OLP- adoption of legislative acts); simultaneously submitted to national parliaments for subsidiarity control

-implementation (member states, sometimes aided by the Commission)
-evaluation (Commission- before revising/introducing new legislation)

Question 6

Yellow Card Procedure

Answer 6

If 1/3 of the national parliaments raise an objection against the Commission’s proposal the latter must review said proposal

Question 7

Orange Card procedure

Answer 7

If 1/2 of the national parliaments (after yellow card is set in motion) object the Commission’s proposal, the latter has to either amend it, withdraw it or keep it as it is with a

Question 8

Consent procedure

Answer 8

The EP is asked to accept (or veto) a proposal

Question 9

Consultation procedure

Answer 9

The council must request and wait for the EP’s opinion before acting (not binding). In most cases, the Council then votes by unanimity

Question 10

OLP

Answer 10

• 3 readings:
  1) the EP examines the Commission’s proposal- can approve it without modifications or amend it
• the Council can decide to adopt the EP’s position, or, if it wants to amend it

2) amended proposal returns to the EP, which can either accept it (act passed), reject it (act does not enter into force), amend it
-amended proposal goes back to the Council : either approves it (without further amendments) or rejects it

-conciliation- equal number of MEPs and Council Rep. has to agree on a joint text (non modifiable): no, act is rejected; yes, third reading

3) the joint text is examined in the EP, which then votes in plenary
the Council also examines the joint text
If they BOTH agree on it, the act passes
If not, it is rejected

Question 11

What are trilogues?

Answer 11

Informal meetings of representatives of the EP, Council, and Commission to facilitate the reaching of compromises on legislative matters (before first readings)

Question 12

Types of trilogues (3)

Answer 12

1) full/ political trilogues
2) technical trilogues (restricted number of technical staff of all 3 institutions)
3) informal bilateral meetings (between the EP representatives and Presidency-usually before the full trilogues; speed-dating meetings between presidency and chairs of Coreper 1/2, Council members, chairs of EP committees)

Question 13

Community method

Answer 13

Decision-making process which involves a Commission legislative initiative being agreed upon by both the Council and the EP (OLP); Court of Justice has jurisdiction over any decision taken

Question 14

Comitology (or “committee procedure”)

Answer 14

European Commission executes its implementing powers delegated to it by the legislative branch with the assistance of “comitology committees” (MS representatives)