Podcast
Questions and Answers
Which of the following best describes the 'Open Method of Coordination' (OMC) within the EU framework?
Which of the following best describes the 'Open Method of Coordination' (OMC) within the EU framework?
- A method primarily used in foreign policy, compelling member states to align their international relations with the EU's common foreign policy objectives.
- A coercive method where the European Commission directly intervenes in member states' social and fiscal policies to enforce EU-wide standards.
- A voluntary and intergovernmental cooperation approach where member states agree on desired outcomes, targets, and benchmarks, reporting on their progress without legal commitment. (correct)
- A legally binding framework where member states are obligated to implement EU directives and regulations consistently across all sectors.
What is the primary function of national parliaments in scrutinizing proposed EU legislation, as outlined by the Treaty of Lisbon?
What is the primary function of national parliaments in scrutinizing proposed EU legislation, as outlined by the Treaty of Lisbon?
- To automatically adopt all EU legislation without review, to streamline the legislative process.
- To ensure that the proposed legislation aligns with the economic interests of their specific member state, potentially vetoing laws that are deemed detrimental.
- To evaluate whether the proposed legislation adheres to the principle of subsidiarity, and to halt the proposal if a sufficient number of national parliaments deem it inappropriate. (correct)
- To directly amend the proposed EU legislation to better suit their national context before it is adopted at the EU level.
What is a key characteristic of the 'democratic deficit' within the EU, as described in the content?
What is a key characteristic of the 'democratic deficit' within the EU, as described in the content?
- The complete absence of mechanisms for citizens to directly influence EU legislation or policy agendas.
- A lack of transparency in the European Parliament, which makes it difficult for citizens to understand how decisions are made.
- An overabundance of direct citizen involvement in EU policy-making, leading to inefficient and populist outcomes.
- The limited power of the European Parliament compared to the Commission and Council, alongside the influence of technocratic bodies and member state committees. (correct)
How does the principle of subsidiarity, introduced by the Maastricht Treaty, guide legislative action within the EU?
How does the principle of subsidiarity, introduced by the Maastricht Treaty, guide legislative action within the EU?
What is the main purpose of the Citizens' Initiative, launched in 2012, and what is a noted limitation?
What is the main purpose of the Citizens' Initiative, launched in 2012, and what is a noted limitation?
Which treaty significantly altered the EU's legislative process by introducing the co-decision procedure, thereby increasing the European Parliament's power?
Which treaty significantly altered the EU's legislative process by introducing the co-decision procedure, thereby increasing the European Parliament's power?
What is the key distinction between a Regulation and a Directive in the context of EU secondary law?
What is the key distinction between a Regulation and a Directive in the context of EU secondary law?
Under the Ordinary Legislative Procedure (OLP), also known as co-decision, which institutions primarily shape and decide on legislation?
Under the Ordinary Legislative Procedure (OLP), also known as co-decision, which institutions primarily shape and decide on legislation?
Which of the following best characterizes the 'acquis communautaire'?
Which of the following best characterizes the 'acquis communautaire'?
In areas of Common Foreign and Security Policy (CFSP) and Areas of Freedom Security and Justice (AFSJ) before the Lisbon Treaty, what was the European Parliament's primary role?
In areas of Common Foreign and Security Policy (CFSP) and Areas of Freedom Security and Justice (AFSJ) before the Lisbon Treaty, what was the European Parliament's primary role?
What recourse does a Member State have if it disagrees with a directive issued by the EU?
What recourse does a Member State have if it disagrees with a directive issued by the EU?
Which of the following is an example of primary EU law?
Which of the following is an example of primary EU law?
How does the Court of Justice of the European Union (CJEU) ensure the consistency and legality of EU law?
How does the Court of Justice of the European Union (CJEU) ensure the consistency and legality of EU law?
Flashcards
Open Method of Cooperation (OMC)
Open Method of Cooperation (OMC)
A flexible cooperation framework used by EU member states to achieve common goals without legal commitments.
Democratic Deficit
Democratic Deficit
The gap between EU decision-making processes and the democratic representation of citizens.
Citizens Initiative
Citizens Initiative
A mechanism allowing citizens to request legislative action from the EU Commission on specific topics.
Principle of Subsidiarity
Principle of Subsidiarity
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Role of National Parliaments
Role of National Parliaments
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Primary EU Law
Primary EU Law
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Secondary EU Law
Secondary EU Law
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Acquis Communautaire
Acquis Communautaire
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Ordinary Legislative Procedure (OLP)
Ordinary Legislative Procedure (OLP)
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Types of Secondary EU Law
Types of Secondary EU Law
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Decision-Making in CFSP
Decision-Making in CFSP
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Reconciliation Committee
Reconciliation Committee
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CJEU Jurisdiction
CJEU Jurisdiction
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Study Notes
EU Decision-Making
- European Union law comprises primary and secondary law
- Primary EU law encompasses founding treaties (Rome, Maastricht, Lisbon) accession treaties, agreements, withdrawal agreements (if applicable), trade agreements, associated agreements, UNCLOS, and ECHR among others
- Secondary EU law consists of all binding and non-binding decisions by EU institutions
- Secondary law cannot contradict primary law
- The "acquis communautaire" encompasses all previously agreed laws, and new members must accept it in its entirety
EU Pillar Structure
- The pillar structure, created by the Maastricht Treaty, was abolished by the Lisbon Treaty
- The rationale for the structure still has relevance
- The structure originally had three pillars:
- First Pillar: European Communities (common provisions, economic and monetary union, ECSC, EURATOM)
- Second Pillar: Common Foreign and Security Policy (CFSP)
- Third Pillar: Justice and Home Affairs (JHA)
EU Structure (2007)
- The EU encompasses EC, CFSP (common foreign and security policy), and cooperation in justice and home affairs (JHA)
- The EC (European Communities) encompasses customs union, single market, agricultural policy, structural policy, and trade policy
- EU Citizenship, education, culture, and trans-European networks are in the EC
- CFSP includes issues like foreign policy, cooperation, common positions, peacekeeping, and human rights
- JHA focuses on cooperation among judicial authorities, police cooperation, combating various offenses
EU Institutions
- The European Commission is the primary initiator of legislation
- The European Council and the European Parliament jointly decide on legislation (ordinary legislative procedure, OLP)
- In the past, the European Parliament had advisory power, and the Council decided by a qualified majority vote (QMV)
- International treaties are approved by the European Parliament (consent/assent) and national ratification
- The Court of Justice of the European Union (CJEU) has final jurisdiction over all EU legislation
Decision-Making Procedures
- EU decision-making procedures have chronologically evolved
- Treaty of Rome: Consultation and consent
- Court of Justice ruling on Isoglucose
- Single European Act: Cooperation procedure requiring unanimity (EP has influence)
- Maastricht Treaty: Co-decision (EP can block decisions)
- Reconciliation Committee: Joint Council and EP legislative text writing
- Treaty of Lisbon: Co-decision (OLP) plus assent
Types of EU Legislation
- Regulations are directly binding on member states (MS)
- Directives bind MS, but MS are responsible for creating national laws
- Decisions are binding on specific individuals or MS
- Opinions are non-binding
- Recommendations are also non-binding
CFSP and AFSJ
- In CFSP and AFSJ, MS have the main initiative, not the European Commission, and cannot be taken to the EU court.
- The European Parliament has an advisory role and can ask questions but not legislative power
- The Council of the European Union acts as the primary decision-making body
- CFSP and AFSJ, final decisions require unanimity or consensus rather than QMV
Open Method of Coordination
- Open Method of Coordination (OMC) provides flexibility to the community method in EU issues
- Applicable to social policy, employment, related fiscal matters, education, and training
- MS agree on desired results, targets, and reporting mechanisms, but not legally obligated
- The OMC employs voluntary and intergovernmental cooperation
Democratic Deficit
- Permissive consensus suggests the EU functions as a technocratic project
- The EP's weakness and the Commission or Council's strength are factors in this
- National committees (Comitology) supervise the Commission
Citizens' Initiative
- The citizens' initiative was launched in 2012 as a democratic tool
- Citizens can encourage legislative action on topics within the EU's competence
- The initiative has not been extensively utilized
National Parliaments
- The Treaty of Lisbon mandates relationships between European Parliament and national parliaments
- National parliaments scrutinize EU legislation and ensure compliance with the subsidiarity principle
- At least 8 national parliaments are required to block a proposed EU law
- National parliaments vote on mixed international treaties (excluding trade agreements) signed/endorsed by the EU
Subsidiarity
- The subsidiarity principle, introduced in the Maastricht Treaty (German constitutional principle), promotes action at the closest level to the citizen
- Federal governments should only legislate on efficiency and scope-related matters, and other issues should be delegated to member states.
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Description
Understanding EU law requires examining primary sources like treaties and secondary legislation from EU institutions. The 'acquis communautaire' includes all existing EU laws. The pillar structure, once central to the EU, was eliminated by the Lisbon Treaty but remains relevant for understanding the EU's evolution.
