PART1 : chap 3 Principles
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Questions and Answers

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

  • A national law
  • An adopted EU act (correct)
  • A proposed EU law
  • A regional policy

What is the primary aim of the principle of proportionality?

  • To ensure EU institutions have more powers
  • To promote the interests of EU countries
  • To limit the actions of EU institutions to what is necessary (correct)
  • To increase the EU's budget

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

  • Article 1
  • Article 5 (correct)
  • Article 20
  • Article 10

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

<p>To set out the criteria for applying the principles (B)</p> Signup and view all the answers

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

<p>They regulate the exercise of powers by the EU (D)</p> Signup and view all the answers

What is the primary aim of the principle of subsidiarity?

<p>To ensure decisions are taken as closely as possible to the citizen (B)</p> Signup and view all the answers

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

<p>The action must be more effective than action taken at national, regional or local level (B)</p> Signup and view all the answers

What is the purpose of Protocol No 1?

<p>To encourage national Parliaments' involvement in EU activities (B)</p> Signup and view all the answers

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

<p>The proposal is reviewed and may be maintained, amended or withdrawn by the Commission (C)</p> Signup and view all the answers

What is the principle of proportionality closely bound up with?

<p>The principle of subsidiarity (A)</p> Signup and view all the answers

What is required by Protocol No 2?

<p>The Commission to take into account the regional and local dimension of all draft legislative acts (D)</p> Signup and view all the answers

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

<p>The principles of subsidiarity and proportionality (A)</p> Signup and view all the answers

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

<p>Article 5 (D)</p> Signup and view all the answers

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

<p>The principle of subsidiarity regulates the level of decision-making, while the principle of proportionality regulates the scope of action.</p> Signup and view all the answers

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

<p>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.</p> Signup and view all the answers

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

<p>By ensuring that the content and form of the action are in keeping with the aim pursued.</p> Signup and view all the answers

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

<p>To ensure that their actions are limited to what is necessary to achieve the objectives of the Treaties.</p> Signup and view all the answers

What are the criteria for applying the principle of proportionality?

<p>The criteria are set out in the Protocol (No 2) on the application of the principles of subsidiarity and proportionality annexed to the Treaties.</p> Signup and view all the answers

What is the main objective of the principle of subsidiarity?

<p>to ensure that decisions are taken as closely as possible to the citizen</p> Signup and view all the answers

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

<p>to be involved in EU activities and receive EU documents and proposals to examine before the Council takes a decision</p> Signup and view all the answers

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

<p>when it is more effective than action taken at national, regional or local level</p> Signup and view all the answers

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

<p>to require the Commission to take into account the regional and local dimension of all draft legislative acts</p> Signup and view all the answers

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

<p>the EU does not take action in areas that fall within its exclusive competence</p> Signup and view all the answers

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

<p>the proposal must be reviewed and may be maintained, amended or withdrawn by the Commission, or blocked by the European Parliament or the Council</p> Signup and view all the answers

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

<p>Article 5</p> Signup and view all the answers

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

<p>Protocol No 1 on the role of national Parliaments and Protocol No 2 on the application of the principles of subsidiarity and proportionality</p> Signup and view all the answers

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

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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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