Sources and Effects of EU LAw

Question 1

Commission’s Role

Answer 1

Art 17 TEU Commission is the only proposing legislative body in the EU. However, it does not mean that other institutions can’t influence how the the law is proposed or what is proposed, but ultimately it is the decision of the Commission.

Question 2

Legislative Procedure

Answer 2

Been several different ones, EP is now more involved. Used to be co-decision procedure is now the ordinary procedure. Special procedures need more detail called consultation or consent procedure.

Question 3

Ordinary Legislative Procedure

Answer 3

Art 294 TEU. Commission proposes the legislation then EP and Commission agree on whether or not it should become law. Can take up to 3 readings, on the second reading a conciliation committee made up in order to help find a common text. It can be rejected at the second reading, but Member States have a large say.

Question 4

Budget

Answer 4

Similar procedure for the budget as there is for the legislation. EU money comes from proportion of VAT, contribution from MS’s and revenue custom.

Question 5

Competence of the Union

Answer 5

Art 5(1) TEU Subsidiarity, Proportionality and Conferral are the  three principles which it is based upon. 
Exclusive Competence - Only the EU may legislate, MS can legislate if then empowered to do so. 
Shared Competence - EU can legislate, but if they haven't then the MS is free to do so.

Question 6

Principle of Conferral

Answer 6

Not going outside of limits of powers given to them within treaties created by Member States. If not conferred then the power remains with the Member State. Member State must agree to be bound.

Question 7

Principle of Subsidiarity

Answer 7

If it is not an area which the Union have exclusive control over then they technically do not legislate, but if the proposed action would be better legislated at a Union level then they do, this may be because at a Member State level they can’t achieve it to the best degree of the objective.
National Parliaments ensure that this principle is being adhered to. They have an effective yellow card rule, whereby is 1/3 of national parliament aren’t happy with law then it must be looked into. Yet issues with focus on national issues, rather than EU ones, many national governments don’t tend to go against the EU either.

Question 8

Principle of Proportionality

Answer 8

Not exceeding what is needed to achieve the objective

Question 9

CoJ’s role in the principles of competence

Answer 9

Take a broad view on conferral competencies, but a narrowed view on subsidiarity acts. If stated to carry out a task than Commission per se has the powers to do so. Germany v Commission. Only require limited procedural evidence that principle of subsidiarity has taken place, does not engage in complicated socio-economic evaluation, only that they have thought about which branch of legislation should impose the objective

Question 10

Instruments used by Union to exercise competence

Answer 10

Regulations, Directives, Decisions and Recommendations and Opinions.

Question 11

Hierarchy?

Answer 11

There isn’t one, as it shows that the Union can effect change in multiple ways throughout the Union to deal with more specific issues. Only occasionally do treaties specify which

Question 12

Regulation

Answer 12

Binding in its entirely and directly within all MS’s. Do not need to adopt legislation in order for it to be effective same goes for Dualist and Monist states. Possible need to amend national law for it though

Question 13

Directives

Answer 13

Binding upon aim achieved, but MS’s are able to do this in any way they see fit. Do not need to be addressed to all MS’s (tend to be) Gives greater flexibility in adaptation with national law. Useful in achieving harmonisation.

Question 14

Decisions

Answer 14

Binding in their entirety on only those MS’s it addresses. Used in State aid, and competition law. Can be used to establish rules on inter-institional matters.

Question 15

Recommendations and Opinions

Answer 15

Not binding at all. They are a form of soft law, so constitute more as guidelines for EU law than anything else.

Question 16

Hierarchy of Norms

Answer 16

Treaties and Charter of Fundamental Freedoms - Obvious they would be at the top, Fundamental Freedoms was elevated to the top in 2006 due to Art 6(1)
General Principles of Law - Treaties do not address all matters which most legal systems regarding the rule of law do. CoJ created these to check on Union, and have grounds for judicial review, based upon all legal systems of MS’s. (CoJ has jurisdiction to review any infringement of rule of law, and is there to ensure that the law is followed)
Legislative Act - If done via the ordinary/special legislative procedure then it is counted as a legislative procedure.
Delegated Act - Legislative act can delegate the Commission to supplement the act with non-legaltive acts. Comitology - National experts sit with Commission to ensure compliance, can send to council if disagreement.
Implementing Act - Input all acts needed in order for EU legislation to be input