LAW Flashcards

Question

[Contractual liability of the Union] Which law determines the contractual liability of the EU?

Answer 1

Article 340 TFEU: The contractual liability of the Union shall be governed by the law applicable to the contract in question. This means NATIONAL LAW. NATIONAL COURTS. it arises when the EU is party to a contract. An action for damages can be brought before the CJEU only if an arbitration clause so provides. This means that the contract to which the EU is party must contain a clause providing for the jurisdiction of the CJEU in the event of a dispute. In the absence of such a clause, the national courts will have jurisdiction in disputes arising from the contract. Non-contractual: it arises due to damage caused by the EU bodies or servants in the performance of their duties. The non-contractual liability of the EU complies with uniform rules which have been developed by the case-law of the CJEU. 3 conditions must be met: a) the claimant has suffered damage. b) the EU institutions or their agents have acted illegally under EU law. c) there is a direct causal link between the damage suffered by the claimant and the illegal act of the EU institutions or their agents. Actions may be brought by individuals or Member States. The deadline for acting is 5 years from the date on which the damage occurred. AT THE CJEU. CJEU Jurisdiction In the case of non-contractual liability, the Union shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its institutions or by its servants in the performance of their duties. The action for damages must be brought either against the EU as a whole (represented by one or more of the institutions) or against the European Central Bank (:the ECB is liable for its acts alone, and not the EU as a whole as is the case with other institutions). It is not limited to 'institutions' as defined in Article 13 TEU, but the European Investment Bank has also been allowed to be held liable (case C-370/89 SGEEM). To sum up, all bodies and agencies and, after Lisbon, even the European Council (which is now officially an EU institution) may be defendants in the action for damages. A relatively new defendant institution is the Court of Justice of the EU itself, which can be sued for protracted proceedings (institutionally acting as judex in causa sua, a 'judge in its own case'). If damage is caused jointly by an illegal action of the EU and one or several of its Member States, shared (concurrent) liability of both may be established.

Answer 2

The KYOTO Protocol. Adopted on 11 December 1997 and entered into force on 16 February 2005. It is a protocol of the United Nations Framework Convention on Climate Change. It was adopted in 1997, but due to a complicated ratification procedure, it only entered into force in 2005. It implemented the objective of the UNFCCC to reduce the onset of global warming by reducing greenhouse gas concentrations in the atmosphere to "a level that would prevent dangerous anthropogenic interference with the climate system". Countries commit to reducing the emissions of greenhouse gases in relation to the base year, which is 1990. No Anexo B ele tem o alvo de emissões para 37 países industrializados e economias em transição E A UNIÃO EUROPEIA. O alvo para esses países no primeiro momento era reduzir em 5% a emissão em relação a 1990 no período de 2008 a 2012. Para a maioria dos países EU o ano base é 1990. Em 2012, na Conferência das Nações Unidas sobre Mudança do Clima, concordou-se em estender a vida do protocolo de Kyoto até 2020 (Doha Ammendment), prevendo uma redução de 18% em relação a 1990. Em 2015, UE e Islândia se comprometeram a alcançar conjuntamente uma redução de 20% em suas emissões combinadas de gases de efeito estufa para o período 2013-2020. Furthermore, the list of GHGs covered by the Protocol was extended. Under the Protocol, parties must meet their targets primarily through national measures. However, the Protocol also offers them additional means to meet their targets by way of 3 market-based mechanisms. The Kyoto mechanisms are emissions trading between parties which signed the Protocol, joint implementation of projects by these parties, and the clean development mechanism (with parties which did not sign the Protocol). Under the Protocol, parties' actual emissions are monitored and precise records are kept of the trades carried out. Depois de 2020, em vez de tentarem estender mais uma vez o protocolo de Kyoto, os países decidiram adotar o Acordo de Paris.

Answer 3

The Paris Agreement is a legally binding international treaty on climate change. It was adopted by 196 Parties at COP 21 in Paris, on 12 December 2015 and entered into force on 4 November 2016. Its goal is to limit global warming to well below 2, preferably to 1.5 degrees Celsius, compared to pre-industrial levels. To achieve this long-term temperature goal, countries aim to reach global peaking of greenhouse gas emissions as soon as possible to achieve a climate neutral world by mid-century. Another key difference between the Paris Agreement and the Kyoto Protocol is their scope. The Kyoto Protocol differentiated between Annex-I, richer countries with a historical responsibility for climate change, and non-Annex-I countries, but this division is blurred in the Paris Agreement as all parties are required to submit emissions reduction plans.[73] The Paris Agreement still emphasises the principle of Common but Differentiated Responsibility and Respective Capabilities—the acknowledgement that different nations have different capacities and duties to climate action—but it does not provide a specific division between developed and developing nations.[73]

Answer 4

Commission proposal: first climate neutral continent by 2050 (no net greenhouse gases emissions); cut emissions by at least 55% by 2030 (compared to 1990 levels), included in the proposal for a new European Climate Law. - no net emissions of greenhouse gases by 2050 - economic growth decoupled from resource use - no person and no place left behind The European Green Deal is also our lifeline out of the COVID-19 pandemic. One third of the 1.8 trillion euro investments from the NextGenerationEU Recovery Plan, and the EU’s seven-year budget will finance the European Green Deal. The European Commission adopted a set of proposals to make the EU's climate, energy, transport and taxation policies fit for reducing net greenhouse gas emissions by at least 55% by 2030, compared to 1990 levels.

Answer 5

The European Council elects its own president by qualified majority. For a 2.5 YEARS TERM, renewable once!!! It used to be an informal position, headed by the head of state or government of whoever was holding the rotating presidency of the Council of the EU. Now it is an elected position. MANDATE: The president of the European Council shall: a. chair and drive forward its work b. ensure the preparation and continuity of its work in cooperation with the President of the Commission and the General Affairs Council. c. ensure its cohesion and consensus d. send a report of every meeting to the parliament IT SHOULD ALSO: d. ensure the representation of the Union on matters regarding Common Foreign and Security Policy, except for the powers reserved to the High Representative of the Union for Foreign Affairs and Security Policy.

Answer 6

It is composed of: 1. 27 heads of state or government of EU MS. 2. The European Council President CHARLES MICHEL 3. The President of the Commission URSULA VON DER LAYEN Obs.: when matters regarding common foreign security policy are being discussed, the High Representative Participates and sometimes other people such as the president of the European Central Bank participates depending on the subjects discussed.

Answer 7

Article 265 TFEU. The European Parliament, the European Council, the Council of the EU, the Commission or the European Central Bank (as well as other bodies, offices, agencies of the Union) must make certain decisions under certain circumstances. If they don't, EU governments, other EU institutions or (under certain conditions) individuals or companies can complain to the COURT. Só pode ser tentado depois que a instituição foi convidada a agir. The action shall be admissible only if the institution, body, office or agency concerned has first been called upon to act. If, within two months of being so called upon, the institution, body, office or agency concerned has not defined its position, the action may be brought within a further period of two months. Any natural or legal person may, under the conditions laid down in the preceding paragraphs, complain to the Court that an institution, body, office or agency of the Union has failed to address to that person any act other than a recommendation or an opinion

Answer 8

Answer: Adia Interim S.A. v COM

Answer 9

Order of commitments: 1. Budgetary 2. Legal

Answer 10

Adia Interim SA v. Comissão das Comunidades Europeias (1996): nesse caso, a adia havia perdido o concurso para ser a empresa fornecedora de trabalhadores temporários para a Comissão. Ela tinha um erro em seu preço e afirmou que a Comissão violou o princípio da igualdade ao não chamá-la para consertar. Também tinha afirmado que não obteve uma fundamentação individual da recusa da comissão em contratá-la. O facto de os proponentes interessados só receberem uma decisão fundamentada em resposta a um pedido expresso da sua parte não restringe de modo algum a possibilidade de que dispõem de invocarem os seus direitos perante o Tribunal. As instituições dispõem de um importante poder de apreciação quanto aos elementos a tomar em consideração para a tomada de uma decisão de adjudicar um contrato relativo a um concurso público, devendo o Tribunal limitar-se a verificar a ausência de erro grave e manifesto.

Answer 11

Liability of the EU MEMBER STATES to individuals by damages caused by infringement of Community Law C-6/90 and C-9/90 Francovich3 Principle of the liability of a Member State In 1991, in Francovich and Others, the Court developed another fundamental concept, the liability of a Member State to individuals for damage caused to them by an infringement of Community law by that State. Since 1991, European citizens have therefore been able to bring an action for damages against a State, which infringes a Community rule. Two Italian citizens who were owed pay by their insolvent employers had brought actions for a declaration that the Italian State had failed to transpose Community provisions protecting employees in the event of their employers’ insolvency. On a reference from an Italian court, the Court stated that the directive in question was designed to confer on individual’s rights, which they had been denied as a result of the failure to act of the State which had not implemented the directive. The Court thus opened up the possibility of an action for damages against the State itself.

Answer 12

DUTY OF NATIONAL LAWS TO SECURE THE FULL EFFECTIVENESS OF COMMUNITY LAW, even where it is necessary to create a national remedy where non had previously existed. Factortime I (1990) Foi uma decisão de um reenvio prejudicial. Uma empresa tinha navios de bandeira britânica mas que não eram de nacionais britânicos. Reino Unido criou uma lei que dizia que, para serem registrados, os navios tinham que ter bandeira britânica e donos britânicos. Isso era contrário ao direito comunitário. O Juiz nacional perguntou se, considerando que o direito comunitário dizia uma coisa e a lei britânica dizia outra, ele poderia ou deveria desconsiderar a lei nacional e aplicar a comunitária. Eficácia da norma comunitária. O tribunal falou que as regras de aplicabilidade directa do direito comunitário devem produzir todos os seus efeitos, de maneira uniforme em todos os Estados-membros, a partir da sua entrada em vigor e durante todo o seu período de validade. De acordo com a jurisprudência do Tribunal, é aos órgãos jurisdicionais nacionais que compete, por aplicação do princípio da cooperação enunciado no artigo 5.° do Tratado, garantir a protecção jurídica decorrente, para os particulares, do efeito directo das disposições do direito comunitário. "whether a national court which, in a case before it concerning Community law, considers that the sole obstacle which precludes it from granting interim relief is a rule of national law, must disapply that rule". --> EFFECTIVENESS DO DIREITO DA UE deve ser DIRETA, ou seja, se tem regra interna atrapalhando direito da UE, deve ser DESAPLICADA. Mesmo se ainda for necessario create national remedy. Following the Advocate-General's opinion, the ECJ held that a national court, in fact, has a duty to grant interim relief to safeguard alleged Community rights of individuals until the decision of the ECJ on the interpretation of Community law is available, and where a rule of national law would deny such relief, to set aside that rule. The basis of such a duty lies in the nature and object of directly effective Community law rights which are intended to be fully effective throughout the EU, and where, in order to safeguard such a right, it is necessary to grant interim measures, a national court must do so. This is especially true where a national court is awaiting a clarification or interpretation of the right claimed by the ECJ. (interim measures é tipo tutela antecipada urgent measures which, according to the Court's well-established practice, apply only where there is an imminent risk of irreparable harm.)

Answer 13

Principle of the primacy of Community law In 1964, the Costa judgment established the primacy of Community law over domestic law. In that case, an Italian court had asked the Court of Justice whether the Italian law on nationalization of the production and distribution of electrical energy was compatible with certain rules in the EEC Treaty. The Court introduced the doctrine of the primacy of Community law, basing it on the specific nature of the Community legal order, which is to be uniformly applied in all the Member States. Mr. Costa was an Italian citizen who had owned shares in an electricity company, Edisonvolta, and opposed the nationalisation of the electricity sector in Italy. He asked to two lower courts in Milan (two different Giudici conciliatori) to ascertain that the real creditor of his electricity bill (a relatively small amount of money, 1,925 lire) was the nationalised company, Edisonvolta, and not the newly established state company, Enel. He argued that the nationalisation of the electricity industry violated the Treaty of Rome and the Italian Constitution. The first Giudice conciliatore of Milan referred the case to the Italian Constitutional Court and the second Giudice conciliatore referred it to the European Court of Justice.

Answer 14

Freedom to provide services. A Rush era uma empresa portuguesa de obras. Ela levou trabalhadores para fazer uma obra na França, e as autoridades francesas iniciaram um processo porque esses trabalhadores não haviam sido contratados através do escritório competente dentro das regras francesas para contratar estrangeiros. A aplicação das disposições restritivas do código do trabalho francês a esse pessoal é, portanto, contrária ao direito comunitário. uma empresa estabelecida em Portugal, que efectua prestações de serviços no sector da construção e obras públicas noutro Estado-membro, pode deslocar-se com o seu pessoal próprio, trazido de Portugal, pelo período de duração das obras em causa. Obs.: at that time, Portugal was a new member, so during the transition period the free movement of workers did not yet apply. This is why the French authorities had considered them as 3rd country workers. However, Rush defended itself on the grounds of freedom to provide services. This was the Court's position. The Court also said that freedom of work would not apply in this case because the workers returned to their home country after the performance of the service, so they did not keep having access to the market.

Answer 15

Common agricultural policy a Romênia estava condicionando a concessão de pagamentos diretos nacionais a agricultores à inexistência de dívidas por parte dos agricultores, contrariando o Regulamento. Agriculture — Common agricultural policy — Regulation (EC) No 1782/2003 — Direct support schemes — Conditions for the granting of the complementary national direct payments — Condition not provided for by EU legislation — Condition relating to the absence of debt falling due to the State budget and/or local budget on the date of submission of the application for aid — Not permissible

Answer 16

C-26/62 Van Gend & Loos1 Principle of direct effect In its case-law the Court has introduced the principle of the direct effect of Community law in the Member States, which enables European citizens to rely directly on Community provisions before their national courts. The transport company Van Gend & Loos had imported goods from Germany to the Netherlands and had to pay customs duties which it considered to be incompatible with the rule in the EEC Treaty prohibiting increases in customs duties in trade between Member States. The action raised the question of the conflict between national legislation and the provisions of the EEC Treaty. The Court decided the question referred by a Netherlands court by stating the doctrine of direct effect, thus conferring on the transport company a direct guarantee of its rights under Community law before the national court.

Answer 17

I think the answer is no because a procurement contract can also be a type of legal commitment.

Answer 18

Term of office, European Council President: Article 15 of the TEU. The European Council shall elect its President, by a qualified majority, for a term of two and a half years (2,5 years ), renewable once. In the event of an impediment or serious misconduct, the European Council can end the President's term of office in accordance with the same procedure. The position of President of the European Council became a permanent and full-time role following the entry into force of the Treaty of Lisbon in 2009. Previously, the European Council had been an informal body and the head of the European Council was an unofficial position. The role was held by the head of state or government of the member state holding the rotating Presidency of the Council of the EU. Mandate: The President of the European Council: (a) shall chair it and drive forward its work; (b) shall ensure the preparation and continuity of the work of the European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council; (c) shall endeavour to facilitate cohesion and consensus within the European Council; (d) shall present a report to the European Parliament after each of the meetings of the European Council. The President of the European Council shall, at his level and in that capacity, ensure the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy. The President of the European Council shall not hold a national office.

Answer 19

Correct option: when directly affected

Answer 20

Legal Basis: Article 15 TEU. MEMBERS: - the heads of state or government of the 27 EU member states, - the European Council President (Charles Michel) and - the President of the European Commission. The High Representative of the Union for Foreign Affairs and Security Policy also takes part in European Council meetings when foreign affairs issues are discussed. Other people, such as the President of the European Central Bank, may be invited to attend meetings, depending on the issues being discussed. Established in 1961, informally. First full-time president: Herman Van Rompuy, appointed in November 2009 (until then, there was a rotating system). After Van Rompuy, Donald Tusk (December 2014-November 2019). Charles Michel is the 3rd full-time president.

Answer 21

The CoR advises on new laws that have an impact on regions and cities (70% of all EU legislation). The CoR is a political assembly composed of 329 members and 329 alternates from all EU countries. Each national government proposes its representatives (they have been elected at local or regional level, for example as Mayors or Presidents of a region) for members and alternates – the national delegations. They meet up to six times per year. CoR members have a five-year term of office, starting from the date of their official appointment by the Council. Every two-and-a-half years, the plenary assembly elects the CoR President and the First Vice-President. The President represents the Committee and directs its work. If the President is absent or unable to attend, he/she shall be represented by the First Vice-President or one of the other Vice-Presidents. Six commissions (sub-committees), made up of members and grouped by policy areas, analyse the legislative texts drafted by the European Commission and draw up opinions, which are then discussed and adopted at CoR plenary sessions. Legal basis: Article 13 TEU and 300 TFEU OBS: MEMBERS APPOINTED BY THE COUNCIL, UNANIMITY!!!! ON PROPOSAL BY THE COMMISSION.

Answer 22

The answer to this will depend a little bit on how the question is asked. If it is asking how much time the COMMISSION has to reply to questions according to the Code of administrative behaviour, the answer is 15 working days from the date of receipt. If the question is how long do they have to respond to complaints of breaches of the principles set out on the commission's code of good administrative behaviour, the answer is 2 months. If the question is about how long another institution has to reply, then the answer is based on the EUROPEAN code of administrative behaviour, which determines that the receipt of question must be acknowledged within 2 weeks; the answer must be in the same language of the question; the answer must be within a reasonable period (max 2 months). 15 WORKING DAYS from the DAY OF RECEIPT. (But 2 months to answer to complaints due to breaches of the Code of Good Administrative Behaviour). In accordance with Article 21 Treaty establishing the European Community (Nice Treaty, 2002), members of the public who write to the Commission shall receive a reply in the language of their initial letter, provided that it was written in one of the official languages of the European Union. A reply to a letter addressed to the Commission shall be sent within fifteen working days from the date of receipt of the letter by the responsible Commission department.

Answer 23

D. All institutions have an obligation to answer within a reasonable timeframe of no less than 2 months. They have an obligation to acknowledge receipt of citizen's letters within 2 weeks. They have an obligation to answer in the SAME LANGUAGE as used by the citizen.

Answer 24

Declaration on Art 21(3) of the Treaty establishing the European Community: The Conference calls upon the institutions and bodies referred to in Article 21(3) or in Article 7 (European Parliament, Council, Commission, Court of Justice, Court of Auditors) to ensure that the reply to any written request by a citizen of the Union is made within a reasonable period. obs.: Article 21 Every citizen of the Union shall have the right to petition the European Parliament in accordance with Article 194. Every citizen of the Union may apply to the Ombudsman established in accordance with Article 195. Every citizen of the Union may write to any of the institutions or bodies referred to in this Article or in Article 7 in one of the languages mentioned in Article 314 and have an answer in the same language.

Answer 25

The COUNCIL --> Article 253 TFUE. The Court of Justice shall establish its Rules of Procedure. Those Rules shall require the approval of the Council. BUT: Article 281 TFEU. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may amend the provisions of the Statute (not to get confused with Rules of Procedure), with the exception of Title I and Article 64. The European Parliament and the Council shall act either at the request of the Court of Justice and after consultation of the Commission, or on a proposal from the Commission and after consultation of the Court of Justice.

Answer 26

The ECJ is the Supreme Court of the EU. 1. PRELIMINARY RULINGS: national Courts of EU Countries are required to ensure that EU law is properly applied, but courts in different countries may interpret it differently. If a national court is in doubt about the interpretation or validity of EU law, it can ask the Court for clarification. The same mechanism can be used to determine whether a national law or practice is compatible with the EU law. 2. APPEALS on judgements given by the General Court. Appeals on points of law may only be brought before the Court of Justice against judgements and orders of the General Court. If the appeal is admissible and well founded, the Court of Justice sets aside the judgement of the General Court. Where the State of the proceedings so permits, the Court of Justice may itself decide the case. Otherwise, it refers back the case to the General Court, which is bound by the decision given by the Court of Justice. 3. ACTIONS FOR ANNULMENT: if an EU act is believed to violate EU treated or fundamental rights, the court can be asked to annul it, by an EU government, by the Council of the EU, by the European Commission or, in some cases, the Parliament. Private individuals can also ask the Court to annul an act that directly concerns them. ECJ ONLY HAS JURISDICTION FOR ACTIONS FOR ANNULMENT WHEN: Action is brought by a MEMBER STATE AGAINST THE PARLIAMENT and or AGAINST THE COUNCIL (apart from Council measures in respect of State aid, dumping and implementing powers) OR EUROPEAN INSTITUTION AGAINST ANOTHER (Jurisdiction is also reserved to the Court of Justice in the actions referred to in the same Articles when they are brought by an institution of the Union against an act of or failure to act by the European Parliament, the Council, both those institutions acting jointly, or the Commission, or brought by an institution of the Union against an act of or failure to act by the European Central Bank.) OR against an act of or failure to act by the Commission under the first paragraph of Article 331 of TFEU (enhanced cooperation) 4. ACTIONS FOR FAILURE TO ACT: where an institution, body, office or agency has failed to act (Article 265 TFEU). Should the European Parliament, the European Council, the Council, the Commission or the European Central Bank, in infringement of the Treaties, fail to act, the Member States and the other institutions of the Union may bring an action before the Court of Justice of the European Union to have the infringement established. SAME HYPOTHESIS AS ACTIONS FOR ANNULMENT: ECJ ONLY HAS JURISDICTION FOR ACTIONS FOR ANNULMENT WHEN: Action is brought by a MEMBER STATE AGAINST THE PARLIAMENT and or AGAINST THE COUNCIL (apart from Council measures in respect of State aid, dumping and implementing powers) OR EUROPEAN INSTITUTION AGAINST ANOTHER (Jurisdiction is also reserved to the Court of Justice in the actions referred to in the same Articles when they are brought by an institution of the Union against an act of or failure to act by the European Parliament, the Council, both those institutions acting jointly, or the Commission, or brought by an institution of the Union against an act of or failure to act by the European Central Bank.) OR against an act of or failure to act by the Commission under the first paragraph of Article 331 of TFEU (enhanced cooperation) 5. FAILURE TO FULFIL AN OBLIGATION (INFRINGEMENT PROCEEDINGS): this is the action taken against an EU GOVERNMENT for failing to comply with EU Law. Can be started by the COMMISSION or by a Member State. If the country is found to be at fault, it must fix things at once, or risk a second case being brought, which may result in a fine. Actions are brought either by the Commission, after a preliminary procedure (Article 258 TFEU): opportunity for the state to submit its observations and reasoned opinion (1.3.8); Or by a Member State against another Member State after it has brought the matter before the Commission (Article 259 TFEU). DAMAGES - COMPENSATION BASED ON NON-CONTRACTUAL LIABILITY ???? I think in general it should be the General Court, as it is stated in article 256 of the TFEU. One website says this (not confirmed): The General Court shall have jurisdiction to hear and determine at first instance actions brought by individuals. The Court of Justice shall have jurisdiction to hear and determine actions brought by the Member States. It may also hear appeals brought against judgments given by the General Court at first instance. In the latter case, the Court of Justice shall rule only on questions of law and shall not re-examine the facts ● It can also dismiss the Ombudsman at the request of the Parliament if he or she no longer fulfils the conditions required for the exercise of his or her duties or is guilty of serious misconduct. ● The legal proceedings against the EU arising from non-contractual liability shall be barred after a period of five years from the occurrence of the event.

Answer 27

The Court may sit as a full Court with 27 judges

Answer 28

Individuals: they can ask the Court to annul an EU act that directly concerns them (actions for annulment); they can submit an action for failure to act, when directly affected; and they can lodge an action for damages.

Answer 29

Specialised Courts Article 257 TFEU Specialised courts are responsible for examining at first instance claims lodged in certain specific areas. They are part of the Court of Justice of the European Union and are attached to the Court. The only specialised court to have been created so far is the Civil Service Tribunal. Between 2005 and 2016, this court dealt with cases involving the EU institutions and its employees. In 2016, this court was dissolved and its competences transferred back to the General Court as part of the reform of the judicial architecture of the EU. The creation of specialised courts may be decided by the Council (QMV) and the Parliament in accordance with the ordinary legislative procedure at the request of either the EC or the CJEU. Members of specialised courts are selected from among persons whose independence is beyond doubt and who possess the ability required for appointment to judicial office. They are appointed by the Council, acting unanimously.

Answer 30

The language of the case is one of the 24 official languages. In preliminary ruling proceedings, the language is always the language used by the national court or tribunal which made the reference (Rules of Procedure of the Court of Justice).

Answer 31

Judges are appointed by common accord of the governments of the Member States after consultation of a panel responsible for giving an opinion on candidates’ suitability to perform the duties of judge. Their term of office is six years, and is renewable.

Answer 32

The General Court has jurisdiction to hear and determine: - actions brought by natural or legal persons against acts of the institutions, bodies, offices or agencies of the European Union (which are addressed to them or are of direct and individual concern to them) and against regulatory acts (which concern them directly and which do not entail implementing measures) or against a failure to act on the part of those institutions, bodies, offices or agencies; for example, a case brought by a company against a Commission decision imposing a fine on that company; - actions brought by the Member States against the Commission; - actions brought by the Member States against the Council relating to acts adopted in the field of State aid, trade protection measures (dumping) and acts by which it exercises implementing powers; - actions seeking compensation for damage caused by the institutions or the bodies, offices or agencies of the European Union or their staff; - actions based on contracts made by the European Union which expressly give jurisdiction to the General Court; - actions relating to intellectual property brought against the European Union Intellectual Property Office and against the Community Plant Variety Office; - disputes between the institutions of the European Union and their staff concerning employment relations and the social security system. The decisions of the General Court may, within two months, be subject to an appeal before the Court of Justice, limited to points of law.

Answer 33

1952, LUXEMBOURG

Answer 34

The General Court thanks to the 2019 reform of the judicial system of the EU has 2 judges per Member State. The judges are appointed for a renewable term of 6 years by common agreement of the governments of EU countries. The General Court may sit as a Grand Chamber of 15 judges, by Chambers of 3 or 5 judges or as a single judge.

Answer 35

A recomendation is not a basic act. Basic act means a legal act, other than a recommendation or an opinion, which provides a legal basis for an action and for the implementation of the corresponding expenditure entered in the budget or of the budgetary guarantee or financial assistance backed by the budget, and which may take the following forms: in implementation of the Treaty on the Functioning of the European Union (TFEU) and the Treaty establishing the European Atomic Energy Community (the Euratom Treaty), the form of a regulation, a directive or a decision within the meaning of Article 288 TFEU; or in implementation of Title V of the Treaty on European Union (GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION AND SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY), one of the forms specified in Articles 28(1) (council decision) and 31(2) (council decision), Article 33 (council appoints a special representative???), and Articles 42(4) (Decisions relating to the common security and defence policy) and 43(2) (council decisions civilian and military means) TEU;

Answer 36

PRIMADO! PRIMACY OF EU LAW! 1964. A conflict between some Treaty provisions and an Italian statute nationalising an electricity company. EU Law supremacy over national law encourages effectiveness of EU Law and it is not possible that MS derogate from EU law by enacting conflicting domestic provisions.

Answer 37

OLAF was established by a Commission decision. Commission Decision of 28 April 1999 to investigate corruption and serious misconduct within EU institutions, as well as fraud against the EU’s budget. OLAF has a hybrid status being a DG of the European Commission and reporting to it, but being independent for its investigative activities. OLAF investigates within EU bodies to detect fraud, corruption, and other illegal activity affecting the EU’s financial interests. It also looks into matters relating to the discharge of professional duties not affecting EU financial interests. In addition, it also investigates external individuals or organisations to detect fraud or other irregular conduct (for example, in the operation of EU funding programmes or customs frauds), often in cooperation with EU countries’ authorities and sometimes those of non-EU countries. Appointment of OLAF’s Director-General: He/She is appointed by the Commission after consultation with the Parliament and the Council (currently Ville Itälä - Finnish- since February 2018). The members of the OLAF supervisory committee are appointed by agreement between Parliament, Council and the Commission. Who appoints its Director General: the Commission after consultation with the parliament and the Council (Currently Ville Itälä - Finnish- since February 2018). The members of the OLAF supervisory committee are appointed by agreement between Parliament, Council and the Commission.

Answer 38

The Commission

Answer 39

It was established by the Treaty of Lisbon. an initiative submitted to the Commission in accordance with this Regulation, inviting the Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties, which has received the support of at least one million eligible signatories coming from at least one quarter of all Member States; Launching the initiative requires the involvement of at least 7 citizens, living in 7 different EU countries. Once your project is registered, you have 1 year to collect 1 million signatures (coming from 1/4 of the MS). Once these are collected, your initiative is presented to the European Commission, and debated in the European Parliament. the Commission will decide on the registration of each initiative, the initiative must be launched at latest 6 months after the registration and signatures must gathered during the 12 months following the launch). The minimum number of signatories for each EU country is stipulated in the regulation. To launch an ECI, citizens must form a 'citizens' committee', which must comprise at least 7 EU citizens who are resident in at least 7 of the 27 EU countries. PROCEDURE: 1. SET a group of organizers consisting of at least 7 European citizens living in 7 different EU countries. 2. provide a description of your initiative and ask to get it registered. The Commission is not obliged to register all initiatives. Once you ask for it to be registered, you will receive your answer within 2 to 4 months. 3. you will need the support of AT LEAST 1 MILLION people, with minimum numbers in at least 7 EU countries. Timing: when you are ready to launch your campaign, you must set a kick off date, which must be within 6 months from the date your initiative was registered. then, you have 12 months to gather all signatures. AT LEAST ONE MILLION ELIGIBLE SIGNATORIES, COMING FROM AT LEAST 1/4 OF THE MS.

Answer 40

As the Legal Service is an internal service of the Commission, its documents are generally internal documents directly linked to its two main activities of providing legal advice and legal representation. Most therefore fall into one of the following categories: - opinions of the Legal Service, drawn up to give legal advice to the Commission and its services; - pleadings and other documents submitted in court cases. The Legal Service also draws up certain other Commission documents, such as codification proposals or certain communications and guidelines. Like all Commission documents, the Legal Service’s documents are subject to the provisions of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents. For more information on access to Commission documents see the web site Openness and access to documents. However, it should be noted that Article 4(2) of this Regulation states by way of exception that "[t]he institutions shall refuse access to a document where disclosure would undermine the protection of: [...] court proceedings and legal advice [...] unless there is an overriding public interest in disclosure". In interpreting that exception the Commission is guided by the interpretations given by the Court in its case law on the subject. According to the Courts, a general presumption of non-disclosure applies for documents relating to ongoing EU pilot procedures ongoing infringement and audit cases state aid cases competition cases; documents sent by national competition authorities merger cases fraud (OLAF) investigations court cases bids submitted by other tenderers in a procurement procedure grant proposals submitted by other candidates written questions asked in staff selection procedures

Answer 41

Who do the delegations in third countries represent? a. EEAS b. Union c. Institutions, agencies and bodies d. x ANSWER: THEY REPRESENT THE ENTIRE UNION!!!!! The Delegations, now official called ‘Union Delegations’, no longer only represent the European Commission, but the entire European Union.2 https://www.asser.nl/media/2847/cleer15-2_web.pdf

Answer 42

According to article 2 of the Protocol 1 on the role of National Parliaments in the European Union, draft legislative acts sent to the European Parliament and to the Council shall be forwarded to national Parliaments. National Parliaments may send to the Presidents of the European Parliament, the Council and the Commission a reasoned opinion on whether a draft legislative act complies with the principle of subsidiarity, in accordance with the procedure laid down in the Protocol on the application of the principles of subsidiarity and proportionality. According to article 4, "An eight-week period shall elapse between a draft legislative act being made available to national Parliaments in the official languages of the Union and the date when it is placed on a provisional agenda for the Council for its adoption or for adoption of a position under a legislative procedure" This is known as the ‘Early Warning Mechanism’ on the compliance of drafted legislation with the principle of subsidiarity. “Yellow card” situation - only reached on 3 occasions- when a third of the parliamentary assemblies of the MS rejects the legislative proposal (Commission may withdraw or maintain it); “orange card” situation, when the simple majority of Parliaments rejects it (the draft must be re-examined by the Commission, and after such review the Commission may decide to maintain, amend or withdraw the proposal).

Answer 43

THE ANSWER IS: NONE OF THEM. Explaination (I did not understand) Article 4 of the Nice Treaty says that when the Union consists of 27 Member States, the number of the members of the Commission shall be less than the number of Member States. this ammendment shall apply from the date on which the first Commission following the date of accession of the twenty seven member states of the Union takes up its duties. In concrete terms, once the accession treaty for the 27th MS has been signed, the council will have to take a unanimous decision on the exact number of commissioners, on the arrangements for a fair system of rotation, bearing in mind that all MS will be treated on an equal footing and that each commission must reflect the different demographic and geographic... the treaty only provided that once the number of Commissioners appointed in the subsequent commission reached 27, the number of Commissioners will be reduced to below 27. It does not say how many they will be. In 2009, it was proposed that, in order to comply with the treaty, one MS would fill in the position of High Representative instead of a Commissioner. The answer is none of the above.

Answer 44

The role of the ECB is to manage the euro, keep prices stable and conduct EU economic & monetary policy. Composition: President + 3 decision-making bodies: Governing council: the main decision-making body. Consists of the Executive board + national central banks from Eurozone countries. Executive board: day-to-day running of the ECB. Consists of the ECB President and Vice-president and 4 other members appointed for 8-year terms by leaders of eurozone countries. General Council: advisory and coordination role. President + VP + governals of central banks of all EU Countries. (so, differently from the Governing council, it includes central banks of countries that are not eurozone). Obs.: the supervisory board is composed of representatives from ECB and national supervisors. How is the executive board members appointed? They are appointed by the European Council by QMV for 8 year terms. Parliament must be consulted before the President, Vice-President and rest of the Executive Board are appointed by the Council. consultation SLa procedure. ECB Established in 1998 (Gabriel) Frankfurt, Germany. It is an institution since Lisbon 2009. The ECB, together with the euro area national central banks forms the Eurosystem, which conducts monetary policy in the euro area. SSM - Single supervisory Mechanism - it is the first pillar of the banking union. The Single Supervisory Mechanism (SSM) refers to the system of banking supervision in Europe. It comprises the ECB and the national supervisory authorities of the participating countries. As an independent EU institution, the ECB oversees banking supervision from a European perspective by: establishing a common approach to day-to-day supervision taking harmonised supervisory actions and corrective measures ensuring the consistent application of regulations and supervisory policies The ECB, in cooperation with the national supervisors, is responsible for ensuring European banking supervision is effective and consistent. Implementation of the Single Resolution Mechanism? The Single Resolution Mechanism The single resolution mechanism (SRM) applies to banks covered by the single supervisory mechanism. It is the second pillar of the banking union. If a bank fails despite stronger supervision, the SRM allows bank resolution to be managed effectively through a single resolution board a single resolution fund that is financed by the banking sector The purpose of the SRM is to ensure an orderly resolution of failing banks with minimal costs for taxpayers and to the real economy. The single resolution board, established by the SRM regulation, is a fully independent EU agency acting as the central resolution authority within the banking union. Together with the national resolution authorities of participating countries, it forms the SRM. The mission of the SRB is ensuring the orderly resolution of failing banks with minimum impact on the real economy and the public finances of banking union countries managing the single resolution fund

Answer 45

None of the above.

Answer 46

Answer is nonve of the above because the answer should be ECB

Answer 47

entered into force on November 4, 2013 and SSM was founded on November 4, 2014.

Answer 48

It was created to investigate, prosecute and bring to judgement crimes against the EU budget, such as fraud, corruption, or serious cross-border VAT fraud. It was established by a regulation under ENHANCED COOPERATION, involving 22 MS. regulation was adopted on 12 October 2017 and entered into force on 20 November 2017. Before, only national authorities could investigate and persecute fraud against the EU budget. But their powers stop at national borders. Existing EU bodies such as Eurojust, Europol and OLAF lack powers to carry out criminal investigations and prosecutions. So the EPPO was created for that. OLAF will continue its administrative investigations into irregularities and fraud affecting EU financial interests in all EU Countries. in doing so, it will consult and coordinate closely with the EPPO. Composition: The European Chief Prosecutor (supported by 2 deputies) - organises the work, represents the EPPO vis-à-vis other institutions College of Prosecutors (ECP + 1 European prosecutor (EP) per country): decision making on strategic matters, adoption of internal rules of procedure European delegated prosecutors: 2 per participating country, responsible for prosecuting and bringing to judgment cases falling within the EPPO's competence. Permanent chambers: each permanent chamber has 3 members: 2 prosecutors + 1 chair (Chief prosecutor, one of the deputies or one European prosecutor): monitor and direct investigations, operational decisions (bringing case to judgment, dismissing, etc.), supervision of EDPs on behalf of the chamber. The chief prosecutor is Laura Codruța Kövesi (Romanian) appointed on 31 October 2019 for 7 years, non-renewable. European prosecutors are appointed for a non-renewable mandate of 6 years. the Council may decide to extend the mandate for a maximum of 3 years. As part of the transitional rules, the first mandate following the creation of the EPPO, the Eurppean Prosecutors from 1/3 of the states, determined by drawing lots, will hold a 3 year non renewable mandate. The European Chief prosecutor was selected from a shortlist of 3 candidates proposed by an independent selection panel following an open call for applications. The Council agrees on the appointment and the EP confirms. Each MS nominated the candidate for the position of European prosecutor. After having received the reasoned opinions, the Council selected and appointed one of the candidates to be EP for each participating MS

Answer 49

Horizon 2020 was the EU's research and innovation funding programme from 2014-2020. The Programme was succeded by Horizon Europe. The MULTIANNUAL FRAMEWORK PROGRAMME is adopted by ORDINARY LEGISLATIVE PROCEDURE, by PARLIAMENT AND THE COUNCIL (after consulting economic and social committee) and it is stated in article 182 of the TEU Article 182 (ex Article 166 TEC) 1. A multiannual framework programme, setting out all the activities of the Union, shall be adopted by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure after consulting the Economic and Social Committee. Specific programs: adopted by the COUNCIL, SLP, after consulting Parliament and Economic Social Committee. REGULATION THAT DETERMINES THE RULES FOR PARTICIPATING IN UNDERTAKINGS, RESEARCH CENTRES AND UNIVERSITIES, AND LAYS DOWN RULES GOVERNING DISSEMINATION OF RESEARCH RESULTS: OLP.

Answer 50

regarding CIVIL matters having cross-border implications, the EU is developing judicial cooperation. The main tools for facilitating access to cross border justice are 1. the principle of mutual recognition and 2. the direct judicial cooperation between national courts. The principle of mutual recognition means that once you have obtained a judgment in your favour, that judgment is automatically recognised in every EU country. For example, if a person is owed money they can have the judgment recognised and enforced in the country where the debtor has assets without any intermediary procedure ('exequatur'). In order to improve access to justice in cross-border disputes, the Council adopted Directive 2003/8/EC establishing minimum common rules relating to legal aid for such disputes. It is about guaranteeing that people with few resources will have access to an adequate level of legal aid on cross border disputes. Also, the EU introduced common procedural rules for simplified and accelerated cross-border litigation on small claims and the cross-border recovery of uncontested pecuniary claims throughout the European Union. These are found in Regulation (EC) No 861/2007 on establishing a European Small Claims Procedure, and in Regulation (EC) No 1896/2006 on creating a European order for payment procedure. These are focused on making access to justice easier and more effective for European citizens and businesses. Another tool is the development and use of information technologies. EUROPEAN E-JUSTICE STRATEGY A. European e-Justice portal: to facilitate access by citizens and enterprises to justice in Europe. Interconnection of criminal records, better use of videoconferencing during judicial proceedings, innovative translation tools such as automated translation; dynamic online forms, European database of legal translations and interpreters. It is a future electronic one stop shop in the area of justice. B. EU Justice Scoreboard: it is yearly. An information tool providing information and comparable data regarding the quality, independence and efficiency of justice systems in all MS. it mainly focuses on civil, commercial and administrative cases to pave the way for more investment, business, citizen-friendly environment. EU justice scoreboard was adopted in 2013. Determining the competent court: there is a regulation: Regulation EU n 1215/2012 of the European Parliament and the Council of 12 December 2012 on jurisdiction and recognition and enforcement of judgements in civil and commercial matters (Brussels I Regulation).

Answer 51

Bioethics is primarily a multidisciplinary, pluralist study of sciences and technologies in the biomedical field, which must take account of their constantly changing nature. Also from wikipedia: Bioethics is the study of the ethical issues emerging from advances in biology and medicine. It is also moral discernment as it relates to medical policy and practice. https://www.coe.int/en/web/bioethics/at-a-glance Advances in biological and medical research and developments in technology that raise ethical issues that affect the individual and protection of the individual’s rights and dignity (genetics, transplantation, biobanks, emerging technologies, etc).

Answer 52

Article 50 TEU. 1. The Member State notifies the EUROPEAN COUNCIL that it wants to leave the EU; 2. The European Council will provide guidelines for the agreement with the arrangements for the withdrawal; 3. The agreement shall be negotiated in accordance with Article 218(3) of the TFUE. 4. The Council shall conclude the agreement on behalf of the Union, acting by a qualified majority, after CONSENT from Parliament (parliament can say yes or no but cannot amend). 5. The MS that wants to leave does not participate in the discussions of the European Council or the Council. 6. EU Treaties stop being effective on the date of entry into force of the withdrawal agreement or, failing that, 2 years after the notification to the European Council. Unless the European Council decides to extend the period in agreement with the MS concerned. if the state wants to rejoin, they will have to do the procedure of article 49 (accession procedure) for BREXIT: UK notified European Council (March 2017) Withdrawal agreement: October 2019 1 Fevereiro 2020: entry into force of Withdrawal agreement February 2020 until December 2020: transition period.

Answer 53

Member States can establish enhanced cooperation between themselves in one of the areas covered by the Treaties, with the exception of fields of exclusive competence and the common foreign and security policy. The COUNCIL is the one who gives authorisation to proceed with the enhanced cooperation. It does so by UNANIMITY on a proposal by the Commission, after consent from the Parliament. The request of the MS who wish to participate shall be addressed to the Council. Shall be forwarded to the High Representative, who will give an opinion on whether or not it is consistent with the Union's common foreign and security policy, and to the Commission, who will give the opinion of whether it is consistent with the Union policies. It is also forwarded to the Parliament for information.

Answer 54

D!!! CANNOT BE ESTABLISHED IN AN AREA OF EXCLUSIVE COMPETENCE

Answer 55

Affiliated entity = entities linked to the beneficiary, which participate in the action with similar rights and obligations as the beneficiaries, but do not sign the Grant Agreement, so they do not become beneficiaries themselves. Affiliated entities, according to article 187 of the REGULATION: 1. Entities forming the sole beneficiary ( when several entities satisfy the criteria for being awarded the grant and together form one entity, which is treated as the sole beneficiary, including when the entity is specifically created for implementing the action to be financed by the grant). 2. Entities that satisfy the eligibility criteria, do not fall in one of the situations referred to in articles 136(1) and 141(1), and have a LEGAL or CAPITAL link with the beneficiary. ASSOCIATED PARTNERS CANNOT BE affiliated entities. OBS.: entities that have signed the consortium agreement under the grant agreement are not affiliated entities, because the consortium agreement is a private agreement between the BENEFICIARIES.

Answer 56

Usually associated partners cannot be affiliated entities. they may not charge contributions to the actions.

Answer 57

Actually, I dont' know, because it seams that affiliated entities are part of the consortium agreement. but maybe letter a? - because associated partners can also be in the consortium agreement. Ask Taís

Answer 58

Answer: c REGULATIONS Article 207 TFEU: 2. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt the measures defining the framework for implementing the common commercial policy.

Answer 59

1. The European Council, acting by qualified majority, proposes to the Parliament a candidate for President of the Commission. 2. Then, the Parliament votes by absolute majority. 3. after the candidate is elected, teh Council, by common accord with the President-Elect, will adopt a list for the candidates for members. They are subject to a vote of consent by the Parliament. 4. On the basis of the Consent of the Parliament, the Commission shall be appointed AS A BODY by the EUROPEAN COUNCIL, qualified majority of votes.

Answer 60

EUROPEAN COUNCIL QUALIFIED MAJORITY AFTER PARLIAMENT'S VOTE OF CONSENT!!!!!!

Answer 61

The EUROPEAN COUNCIL, by QUALIFIED MAJORITY with the agreement of THE PRESIDENT OF THE COMMISSION.

Answer 62

Delegated acts are non legislative acts that the Commission is (sometomes) authorised to adopt in order to supplement or ammend certain non essential elements of a legislative act. The EU legislator may give powers to the Commission, through specific rules inscribed in a legislative act, to adopt delegated acts to supplement or amend the legislative acts. These powers are restricted to strick conditions: 1. basic act must define the objects, scope, duration and content of the delegated act. 2. the delegated act may not alter the essential elements of the basic act 3. the EP and the Council may revoke the delegated act (QMV and ABS) 4. the delegated act can only be adopted if there are no objections from EP or Council (QMV and ABS) 5. Delegated act has to be of general application (cannot be for individual cases). The Commission consults expert groups composed of representatives from each EU country before adopting the delegated acts. Once the Commission adopted the acts, the parliament and the Council have 2 months to formulate objections.

Answer 63

Answer: Rights and freedoms on 6 TITLES: 1. Dignity 2. Freedoms 3. Equality 4. Solidarity 6. Citizen's rights 1. Dignity (human dignity, right to life, integrity, prohibition of slavery, etc.) 2. Freedoms (right to freedom and security, private life, personal data, to marry and found a family) 3. Equality (equality, non-discrimination, cultural and religious diversity, man and women) 4. Solidarity (worker's right to information and consultation within the undertaking, collective bargain and action...) 6. Citizen's rights (right to vote, to stand as a candidate, to good administration) tem um title 7 sobre general provisions on the interpretation and application. mas aí não é sobre direitos.

Answer 64

It was written as an annex to the Nice Treaty, so it was not legally binding at that time. It became legally binding with the entry into force of the Lisbon Treaty 2009. The Charter applies to: EU institutions and bodies NationalAuthoritiesonly when they are applying EU law. The Charter does not generalestablish powers for the Commission to intervene in the area of fundamental rights. it can only intervene when EU law comes into play.

Answer 65

Established in 1977. Luxembourg. Became an Institution in 1993, Maastricht. Composition: 27. 1 member per member state. Mandate of auditors is 6 years, renewable. President is 3 years, renewable. Appointment of members: members are appointed by the Council (based on recommendations by the MS), by qualified majority, after consultation of the Parliament Tasks: checks the EU revenue and spendings, to check if funds are correctly raised, spent, achieved; checks persons or organisations handling EU funds including spot checks in EU institutions (especially the Commission), EU countries and countries receiving EU aid. Writes their findings in audit reports, for the European Commission and National Governments. report suspected fraud or corruption to OLAF produces annual report to the Parliament Gives opinions on how finances could be better managed and made available to citizens. opinions on legislation that will impact EU financial management. The Court of Auditors shall draw up an annual report after the close of each financial year. It shall be forwarded to the other institutions of the Union and shall be published, together with the replies of these institutions to the observations of the Court of Auditors, in the Official Journal of the European Union. Advisory powers: According to article 287(4) TFUE, other institutions may ask the Court of Auditors for its opinion whenever they see fit. The opinion is mandatory when: The Council adopts financial regulations specifying the procedure for establishing and implementing the budget; The council Determines the methods and procedure whereby the EU’s own resources are made available to the Commission; Lays down rules concerning the responsibility of financial controllers, authorising officers and accounting officers; or Adopts anti-fraud measures.

Answer 66

Regulation (EU) 2018/1725 lays down the data protection obligations for the EU institutions and bodies when they process personal data and develop new policies. The Regulation repeals Regulation (EC) 45/2001, and, in line with GDPR, adopts a principle-based approach.

Answer 67

On public deliberations: 1. When the Council is acting as legislator; 2. FIRST DELIBERATION, When the Council is voting on non-legislative acts considered important, and that will have binding rules for MS (from directives, regulations or decisions); On debates: Debates on: - Specific issues they propose; - Public debates on General Affairs Council on the Council's 18 month programme; - Public debates on Council Configurations or other priorities - Commission'r 5 year Programme, annual work programme or annual policy strategy. The VOTES will be public: AUTOMATICALLY: - When the council acts as legislator; - For the non-legislative acts that are deemed important and involve rules that will be binding for member States; BY DECISION OF COUNCIL AND COREPER: on other occasions. Obs.: if it the Council is acting on TItle V, the vote is UNANIMITY.

Answer 68

The Commission has established 6 executive agencies for a limited period of time to manage specific tasks associated with EU programmes. They work on COMMISSION initiatives, ranging from health and education to innovation and research. EU agencies in general: EU agencies are distinct bodies from the EU institutions - separate legal entities set up to perform specific tests under EU law. Existem 5 tipos de agências: a. Decentralised agencies. They contribute to implementing EU policies. They also support cooperation between EU and national governments by pooling technical and specialist expertise from both the institutions and national authorities. They are set up for an incdefinite period of time and located across the EU. b. Agencies under Common Security and Defence Policy. Agencies set up to carry out very specific technical, scientific and management tasks within the framework of EU's common Security and Defence Policy. c. EXECUTIVE AGENCIES: set up fot a LIMITED PERIOD of time by the European Commission to manage specific tasks related to EU programmes. These executive agencies, which are legal entities, work on Commission initiatives ranging from health and education to innovation and research. Executive Agency for Small and Medium-sized enterprises (EASME); Educatio, Audiovisual and Culture Executive Agency (EACEA); Consumers, Health, Agriculture and Food Executive Agency (CHAFEA); Innovation and Networks Executive Agency (INEA); Research Executive Agency (REA); and European Research Council Executive Agency (ERC). All of them in Brussels except for CHAFEA (Luxembourg). d. EURATOM agencies and bodies. These were created to support the aims of the European Attomic Energy Community Treaty (EURATOM), which are to: coordinate national nuclear research programmes, for peaceful purposes, provide knowledge, infrastructure and funding for nuclear energy, ensure sufficient and secure supplies of nuclear energy. e. Other organisations: include bodies set up as part of the EU prorgammes and public-private partnerships between the European Commission and the industry.

Answer 69

Answer: Lithuania (before that: Latvia 2014 and Estonia 2011)

Answer 70

2006/2004 is no longer in force. It has been repealed by Regulation 2017/2394. It determines the cooperation between national authorities in order to jointly address breaches of consumer protection laws that occur when trader and consumer are established in different countries. National authorities responsible for enforcement of consumer protection rules. these national authorities, collectively, form the CPC network, an European Enforcement network. Enforcement rules include sanctions and with the entry into force of the Directive on enforcement and modernisation of consumer law (2019), the sanction could reach at least 4% of the turnover of the businesses in the Member states concerned.

Answer 71

It is a case about Direct Payments (Agricultural Policy) APIA, the romanian agency, had conditioned the direct payments to farmers to them not having any debt with the national budget. But this was considered to be contrary to EU rules.

Answer 72

EP acting on a recommendation by the Council

Answer 73

Article 28(2) FR: the Commission and the other Union institutions may transfer appropriations within the budget to the specific conditions laid down in articles 29 to 32. Appropriations may only be transferred to budget lines for which the budget has authorised appropriations or which carry a token entry pro memoria. The commission may, within its own section of the budget, tranfer appropriations within each chapter autonomously.

Answer 74

a. Ciopyright on computer programs b. rental right, lending right and certain related rights to copyright in the field of IP; c. copyright and related rights applicable to broadcasting of programmes by satelite and cable retransmission d. the term of protection of copyright and certain related rights. e. legal protection of databases

Answer 75

Any EU citizen or any natural or legal person residing or having its registered office in a EU Member State.

Answer 76

There is no requirement that the complainant must be personally affected by the maladministration or have any special interest in the case.

Answer 77

The ombudsman can receive complaints from any citizen of the EU or any natural or legal person residing or having its registeres office in a Member State, conccerning intstances of maladministration in the activities of Union institutions, bodies, offices or agencies, with the exception of the Court of Justice of the EU acting in its judicial role. The ombudsman shall conduct inquires, either based on their own initiative or by direct complaint of a citizen or submitted to them by a Member of the European Parliament, except when the facts have been the object of legal proceedings. When the Ombudsman establishes that there has been maladministration, they refer it to the institution/body/agency/office, which has a period of 3 months to inform them of their views. Then, the ombudsman shall forward a report to the European Parliament and the institution/agency/body/office. The person who requested shall be informed of the outcome. The ombudsman shall send an annual report to the Parliament on the outcome of their enquiries. The position of the Ombudsman was created by the Treaty of Maastricht. First Ombudsman elected in 1995. now it is Emily O'Riley. The ombudsman can decide that there has been no maladministration. that the institution acted correctly. It can decide that it was a simple issue - in many cases the institution itself acts to settle the matter during the inquiry, or the Ombudsman is able to achieve a friendly solution that satisfies both you and the institution. it can decide that there has been maladministration. In that case, if the Ombudsman finds the institution acted incorrectly and cannot get the parties involved to agree on a solution, they will make an official recommendation of what the institution should fo. If the institution does not accept the reocmmendation then the Ombudsman can make a special report to the parliament. Ombudsman's decisions are not legally binding. IF A COMPLAINT IS NOT FROM A EU CITIZEN OR A NATURAL OR LEGAL PERSON RESIDING OR HAVING THEIR PLACE OF OFFICE IN A MS, the Ombudsman might STILL decide to open an own-initiative inquiry into the raised issue. ombudsman may not IMPOSE a solution, but is able to submit a report to the parliament. Election: the Ombudsman is elected by the Parliament. At the start of each parliamentary term (or death or designation of the ombudsman), the President of the European Parliament calls fot nominations for the office of ombudsman and sets the limit for sumission. Nominations must have the support of at least 40 MEPS who are nationals of at least 2 MS. Nominations are submitted to the Parliament's committee on Petitions, which considers their admissibility. The committee may ast to hear the nominees. A list of admissible candidates is put to vote on the Parliament. Ombudsman is elected by majority of votes cast. Dismissal: can be dismissed by the CJEU at the request of the Parliament when no longer fulfils duties or guilty of serious misconduct.

Answer 78

94/262/ECSC, EC, Euratom: Decision of the European Parliament of 9 March 1994 a. UE citizen or natural or legal person residing or having a registered office in a MS b. complaint must be about the activities of EU institutions, bodies, offices or agencies except CJEU acting in judicial role. c. complaint regarding maladministration; d. complaint must allow identification of person lodging the complaint and object of the complaint. Person may request that it is kept confidential e. Shall be made within 2 years of the date when the facts came to the attention of the person lodging the complaint and the person must have taken the appropriate administrative approaches before lodging the complaint. f. no complaints about work relations of officials and other servants unless all procedures referred to in article 90 (1) and (2) have already been exhausted adn the time limits for replies by the authority have expired. g. NO COMPLAINTS about any authority other than EU bodies, institutions, offices and agencies. This means no complaint is admissible if it is against national, regional or local authorities, even if it related to EU matters.

Answer 79

The scope: protection of natural persons with regard to the processing of personal data and the free movement of such data. The regulation does not apply to: a. processing outside the scope of Union law b. Processing by competent authorities for the purpose of investigating, prosecuting, detecting crime or executing penalty; c. Processing that falls within the scope of the Common Foreign and Security Policy d. Processing by natural persons in the course of a purely personal or household activity. Obs.: for situations in which the Union institutions, bodies, offices and agencies process the personal data, Regulation 45/2001 should apply (but it was REPEALED by regulartion 2018/1725!!!) This regulation (and others related to such processing of personal data) shall be adapted to the principles and rules of the GDPR. Right to rectification: data subjects have the right to request that incorrect personal data about them are corrected without undue delay by the data controller. And, taking into account the purposes of the processing, the right to have incomplete personal data about them completed, by means of providing a supplementary statement.

Answer 80

Answer: a. Telecommunications and energy. COREPER is the committee of permanent representatives in the European Union, made up of the permanent representatives from each MS in Brussels. This means, in practice, the ambassadors of the MS in Brussels. They express the position of their government. COREPER prepares the agenda for the ministerial Council of the European Union meetings. It may also take some procedural decisions. It oversees the work of 250 committees and working parties. It is chaired by the Presidency of the Council of the European Union. There are 2 committees: COREPER I: deals with economic and social issues. COREPER II: deals with political, financial, and foreign policy issues. They prepare the work for 4 Council configurations: economic and financial affairs; justice and home affairs; general affairs; foreign affairs.

Answer 81

It is an EU program for competitiveness of enterprises and small and medium-size enterprises, running from 2014-2020. It was a funding programme. It aims to provide enhanced access to finance for SMEs in different phases of their lifecycle. Loan Guarantee Facility Equity Facility for growth. offers opportunities so that SMEs can benefit from the EU's single market and also explore markets outside the EU. aims to improve framework conditions for SMEs, by removing unnecessary administrative burden; backs the implementation of the entrepreneuralship 2020 action plan, through activities that include mobility exchanges, research, best practices diffusion and pilot projects in areas such as entrepreneurship education, mentoring or the development of guidance and support services for new and potential entrepreneurs, including young, women and senior entrepreneurs.

Answer 82

Direct effect means that the provision (of EU law) can be directly invoked by an individual on a national court. It is an intrinsic quality of a provision (not to be confused with the direct applicability - which is a formal quality - conferred to a certain type of EU legislative act - the Regulation). It was established by the CJEU in the Van Gend en Loos case. A dutch company had imported a quantity of ureaformaldehyde from Germany. On the day of importation, the product was classified with a tax that entered into force in March 1960, from a protocol between NL, LU and BE. The dutch authorities applied a custom tax of 8%, based on this treaty. However, the EEC had already established (before 1960) on article 12 that the member states should not establish new taxes for customs or raise those already in force. Van Gend & Loos maintained that article 12 has direct effect without any further measures of implementation under community legislation. The court considered that Article 12 contains a CLEAR and UNCONDITIONAL prohibition. the implementation DOES NOT REQUIRE legislative intervention by the states. can be invoked directly by individuals in national courts. IN ORDER FOR IT TO HAVE DIRECT EFFECT: 1. the provisions must set absolute conditions 2. provisions must be self-contained 3. do not require any further action on the part of MS or Union institutions in order to be complied with or acquire legal effect. CLEAR PRECISE UNCONDITIONAL Other cases of direct effect: VAN DUYN case (1974): direct effect of freedom of movement of workers. Dutch woman was denied a permit to work as a secretary for the church of Scientology in the UK. REYNES CASE (1974): Dutch national had a legal diploma giving him the right to be a lawyer. However, Belgium excluded him of the profession on the basis of his nationality. Direct effect of freedom of establishment. VAN BINSBERGEN CASE (1974): direct effect of freedom to provide services: dutch counselor had client in the Netherlands with a case in a NL court. He had changed his residency from NL to Belgium, and then Dutch law said only residents in the NL could act as legal advisors. Freedom to provide services.

Answer 83

Liability of a MS to individuals for damages caused by breach of Community law. This was the case that determined LIABILITY of MEMBER STATES to PAY COMPENSATION to individuals who suffered loss by failure of THE MEMBER STATE to TRANSPOSE A DIRECTIVE. In the Case, Francovic worked at CDN Elettronica SnC, was owed 6M lira, and 33 others were owed 253M lira from Gaia Confezioni, after company became insolvent. Italy should have implemented the Insolvency Protection Directive which determined that there should be a minimal level of insurance for employees in case they were owed money for their employers becoming insolvent. Italy had not transposed the directive, and for this reason they brought a claim for damages.

Answer 84

1. Treaty establishing the European Coal and Steel Community (51 signed) Purpose: to create interdependency when commercializing steal and coal so that no country would mobilise their armys without the others knowing. After WWII. 2. Treaties of Rome: EEC and EURATOM Communities. signed 57 force 58 Purpose: set up Eurppean Economi Community and European Attomic Energy Community expend the economic cooperation beyond coal and steel. General economic cooperation. 3. Merger Treaty - Brussels 65 signed (force 67) Purpose: streamline the communities changes: to create one Commission and One Council for EURATOM, EEC and ECSC. 4. Single European Act (Luxembourg 17 fev 86, The Hague 26 fev. 86) Reform institutions in preparation for Portugal and Spain membership. Preparing for single market. changes: extension of QMV at the Council, to make it harder for one member state to veto everything. creation of cooperation and assent procedures, giving more power to the parliament. 5. Maastricht 92. Treaty of the EU (IN FORCE 93) Prepare for the monetary and introduce elements of political union (citizenship, common foreign and internal policy affairs). changes: established EU, introduced co decision procedure, giving parliament more say. New forms of cooperation between EU governments - for example, justice and home affairs. 6. Amsterdam (97 signed, into force 99) reform institutions to prepare for future MS. Changes: amendment, renumebering and consolidation of EU and EEC treaties. More transparent decision-making (increased use of OLP). 7. Nice treaty (2001, into force 2003) goal: reform the institutions for functioning properly after reaching 25 MS. changes: changes in the members of Commission, changes of voting in Council. 9. Treaty of Lisbon (signed 2007, force 2009). Purpose: making the EU more democratic, efficient, better able to address global problems such as climate change, with one voice. Main changes: MORE POWER TO THE PARLIAMENT!!! Change of voting procedures at council, citizen's initiative, a new High representative for foreign affairs, a new EU diplomatic service. powers: 1. of the EU 2. of MS 3. Shared

Answer 85

Established in 1994, it is a European Union agency for the provision of finance to SMEs. Located in Luxembourg. DOES NOT LEND MONEY TO THEM DIRECTLY, instead it provides finance through banks and funds.

Answer 86

They were instruments that were legally binding. Created by the Amsterdam treaty (replacing the joint actions of the Maastricht treaty). They were only possible in the area of police and judicial co-operation in criminal justice matters. They were not directly applicable. had to be transposed. They contained objectives, and the MS were free to chose how to achieve those objectives. Aim: facilitate cooperation They Council would apply the framework decision with the purpose of approximation of the laws and regulations of the Member States. they were binding regarding the RESULTS, But national authorities had the choice of methods. contrary to directives, they did not entail direct effect. The Commission could not bring action against a country for not implementing a framework decision. The ECJ would only have jurisdiction to judge preliminary rulings regarding interpretation of framework decisions if the Member States have signed a declaration in the Treaty determining how this jurisdiction could be exercised. All MS except UK and Ireland have signed this declaration. As of the coming into force of the Lisbon Treaty the status quo ante regarding preliminary rulings and enforcement proceedings were preserved for a transitional period of five years although this transitional period ceases to apply to a framework decision which has been amended after the Lisbon's coming into force.[3] Since the transitional period expired on 30 November 2014, preliminary rulings and enforcement proceedings have become possible. The Lisbon of Treaty abolished Framework decisions

Answer 87

No one can FORCE Commission to send a proposal (from what I understood), but Parliament (by absolute majority) and Council (by simple majority) may ask Commission to submit proposals to it. Parliament (by a majority of its component Members) may ask the Commission to submit a proposal in cases where Parliament thinks EU legislation is needed to help implement the Treaties. If the Commission refuses to submit a proposal, it has to give an explanation. 5. The Council (acting by a simple majority) may request the Commission to undertake any studies ministers consider desirable for the attainment of common objectives, and to submit to it any appropriate proposals. 6. In the following very specific cases, the Treaties allow the ordinary legislative procedure to be launched: on the initiative of a quarter of the member states (judicial cooperation in criminal matters, police cooperation) on a recommendation from the European Central Bank (certain articles of the Statute of the European System of Central Banks and of the European Central Bank) at the request of the Court of Justice of the European Union (establishment of specialised courts attached to the General Court to hear and determine at first instance certain classes of action or proceeding brought in specific areas, certain provisions of the Statute of the Court of Justice of the European Union) at the request of the European Investment Bank

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