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PART1 : chap 3 Principles

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26 Questions

What can be referred to the Court of Justice of the EU in the event of a breach of the principle of subsidiarity?

An adopted EU act

What is the primary aim of the principle of proportionality?

To limit the actions of EU institutions to what is necessary

In which article of the Treaty on European Union (TEU) is the principle of proportionality laid down?

Article 5

What is the purpose of the Protocol (No 2) on the application of the principles of subsidiarity and proportionality?

To set out the criteria for applying the principles

What is the relationship between the principle of subsidiarity and the principle of proportionality?

They regulate the exercise of powers by the EU

What is the primary aim of the principle of subsidiarity?

To ensure decisions are taken as closely as possible to the citizen

According to the Treaty of Lisbon, what is required for the EU to take action?

The action must be more effective than action taken at national, regional or local level

What is the purpose of Protocol No 1?

To encourage national Parliaments' involvement in EU activities

What happens if a national Parliament objects to a proposal on the grounds that it breaches the principle of subsidiarity?

The proposal is reviewed and may be maintained, amended or withdrawn by the Commission

What is the principle of proportionality closely bound up with?

The principle of subsidiarity

What is required by Protocol No 2?

The Commission to take into account the regional and local dimension of all draft legislative acts

What are the two principles that the EU competences on environmental issues must abide by?

The principles of subsidiarity and proportionality

In which article of the Treaty of Lisbon is the principle of subsidiarity defined?

Article 5

What is the main difference between the principles of subsidiarity and proportionality?

The principle of subsidiarity regulates the level of decision-making, while the principle of proportionality regulates the scope of action.

What is the purpose of the Court of Justice of the EU in relation to the principle of subsidiarity?

To hear cases referred to it by the Committee of the Regions or EU countries in the event of a breach of the principle of subsidiarity.

How does the principle of proportionality ensure that the EU's actions are limited to what is necessary?

By ensuring that the content and form of the action are in keeping with the aim pursued.

What is the role of EU institutions in relation to the principle of proportionality?

To ensure that their actions are limited to what is necessary to achieve the objectives of the Treaties.

What are the criteria for applying the principle of proportionality?

The criteria are set out in the Protocol (No 2) on the application of the principles of subsidiarity and proportionality annexed to the Treaties.

What is the main objective of the principle of subsidiarity?

to ensure that decisions are taken as closely as possible to the citizen

What is the role of national Parliaments in EU activities according to Protocol No 1?

to be involved in EU activities and receive EU documents and proposals to examine before the Council takes a decision

Under what circumstance does the EU take action on environmental issues?

when it is more effective than action taken at national, regional or local level

What is the purpose of Protocol No 2 in relation to the principle of subsidiarity?

to require the Commission to take into account the regional and local dimension of all draft legislative acts

What is the relationship between the principle of subsidiarity and the EU's exclusive competence?

the EU does not take action in areas that fall within its exclusive competence

What is the consequence if a national Parliament objects to a proposal on the grounds that it breaches the principle of subsidiarity?

the proposal must be reviewed and may be maintained, amended or withdrawn by the Commission, or blocked by the European Parliament or the Council

In which article of the Treaty on European Union is the principle of subsidiarity defined?

Article 5

What are the two key Protocols annexed to the Treaty of Lisbon related to the principle of subsidiarity?

Protocol No 1 on the role of national Parliaments and Protocol No 2 on the application of the principles of subsidiarity and proportionality

Study Notes

Principles governing EU Competences in Environmental Law

  • EU competences on environmental issues must abide by two principles:
    • Principle of subsidiarity
    • Principle of proportionality

Principle of Subsidiarity

  • Defined in Article 5 of the TEU
  • Aims to ensure decisions are taken as closely as possible to the citizen
  • Ensures constant checks to verify that action at EU level is justified in light of possibilities available at national, regional, or local level
  • EU does not take action (except in areas of exclusive competence) unless it is more effective than action taken at national, regional, or local level
  • Closely bound up with the principle of proportionality
  • Two key Protocols annexed to the Treaty of Lisbon:
    • Protocol No 1: encourages national Parliaments' involvement in EU activities
    • Protocol No 2: requires the Commission to consider regional and local dimension of draft legislative acts and make a statement on respecting the principle of subsidiarity
  • National Parliaments can object to a proposal on grounds of breaching the principle of subsidiarity, resulting in review and possible revision or withdrawal of the proposal

Principle of Proportionality

  • Regulates the exercise of powers by the EU, setting actions taken by EU institutions within specified bounds
  • Seeks to limit EU action to what is necessary to achieve the objectives of the Treaties
  • Laid down in Article 5 of the TEU, with application criteria set out in Protocol (No 2) on the application of the principles of subsidiarity and proportionality
  • Ensures that the content and form of EU action are in keeping with the aim pursued

Principles governing EU Competences in Environmental Law

  • EU competences on environmental issues must abide by two principles:
    • Principle of subsidiarity
    • Principle of proportionality

Principle of Subsidiarity

  • Defined in Article 5 of the TEU
  • Aims to ensure decisions are taken as closely as possible to the citizen
  • Ensures constant checks to verify that action at EU level is justified in light of possibilities available at national, regional, or local level
  • EU does not take action (except in areas of exclusive competence) unless it is more effective than action taken at national, regional, or local level
  • Closely bound up with the principle of proportionality
  • Two key Protocols annexed to the Treaty of Lisbon:
    • Protocol No 1: encourages national Parliaments' involvement in EU activities
    • Protocol No 2: requires the Commission to consider regional and local dimension of draft legislative acts and make a statement on respecting the principle of subsidiarity
  • National Parliaments can object to a proposal on grounds of breaching the principle of subsidiarity, resulting in review and possible revision or withdrawal of the proposal

Principle of Proportionality

  • Regulates the exercise of powers by the EU, setting actions taken by EU institutions within specified bounds
  • Seeks to limit EU action to what is necessary to achieve the objectives of the Treaties
  • Laid down in Article 5 of the TEU, with application criteria set out in Protocol (No 2) on the application of the principles of subsidiarity and proportionality
  • Ensures that the content and form of EU action are in keeping with the aim pursued

This quiz covers the principles governing EU competences in environmental law, including subsidiarity and proportionality. It delves into the definition and application of these principles in the European Union.

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