Oefenvragen HC5

• EU law consists of primary and secondary law.
• Primary EU laws are foundational treaties negotiated internationally and binding on all member states.
• Examples of primary EU laws are the Treaty of Rome, Single European Act (SEA), Maastricht, Amsterdam, Nice, and Lisbon treaties.
• Secondary EU laws are legislations created by EU institutions.
• Regulations, directives, decisions, opinions, and recommendations are all secondary EU Law.
• All binding and non-binding decisions taken by EU institutions are secondary EU laws.
• Secondary EU law cannot contradict primary law.
• Acquis Communautaire refers to all EU laws taken together.
• New member states must accept Acquis Communautaire entirely and have no opt-outs.

Pillar Structure

• The Maastricht Treaty introduced this and the Lisbon Treaty removed it, though its underlying rationale remains.

First Pillar: European Communities

• This consists of the European Economic Community (EC/EEC) which became the Economic and Monetary Union (EMU), European Coal and Steel Community (ECSC), and European Atomic Energy Community (Euratom).
• Legislation follows the Community Method where the European Commission proposes laws, and the European Parliament and Council of the EU decide together using codecision, today named as the ordinary legislative procedure (OLP).
• Under the Treaty of Rome, the European Parliament is consulted, and the Council decides by Qualified Majority Voting (QMV).
• To accept International Treaties by EU/EC, the European Parliament consents, and national procedures for ratification (parliamentary ratification or referendum) are followed.
• The Court of Justice of the European Union (CJEU) has final jurisdiction over all legislation.

Second Pillar: Common Foreign and Security Policy (CFSP)

• Focused on EU-wide diplomacy including defense, and foreign policy/relations.
• Decisions are made intergovernmental, meaning member states must agree unanimously or by consensus.
• The European Parliament has minimal influence here, with legislative power primarily with the Council of the EU or European Council.

Third Pillar: Justice and Home Affairs (JHA)/ Area Freedom, Security & Justice (AFSJ)

• Deals with cross-border issues like police cooperation, immigration, asylum, and criminal justice.
• Operates intergovernmental, and decisions are made by member states.
• The European Commission and Parliament have limited roles, while member states retain significant control over policies.

Decision-Making Procedures

• Community Method is dominant in the First Pillar such as economic legislation:
• Co-decision (Ordinary Legislative Procedure): Commission proposes; Council and EP decide together.

Historical Evolution

• Treaty of Rome: EP consulted; Council decides by QMV.
• Single European Act: Introduced cooperation, requiring Council unanimity if EP opposes.
• Maastricht Treaty: Co-decision introduced, granting EP veto power.
• Treaty of Lisbon: Co-decision became the Ordinary Legislative Procedure (OLP).
• CFSP and AFSJ: Intergovernmental decision-making:
• Member states cannot be taken to the Court for decisions made in these areas.
• The European Commission may share the right of initiative, but the member states are the primary initiators of proposals.
• The EP's involvement is limited because it can only ask questions or be informed but lacks legislative authority.
• Key decision-makers include the Foreign Affairs Council (FAC) for CFSP and the Council of Justice and Home Affairs (JHA) for AFSJ, often requiring unanimity or consensus and limited QMV.

Open Method of Cooperation (OMC)

• Used for flexible, voluntary cooperation (e.g., social policy, education).
• Member states agree on desired targets and benchmarks, and report progress without legally binding commitments.
• This is voluntary and was first created in 2000.

Types of Secondary EU Law

• Regulation: Directly binding on all member states and no additional national legislation required.
• Directive: Binding goals, but member states decide implementation methods through national law.
• Decision: Binding on specific parties (e.g., court rulings).
• Opinion: Non-binding but carries political weight.
• Recommendation: Non-binding guidance.

Democratic Deficit

• Permissive consensus: Historically, EU integration was elite-driven and technocratic.
• Weak EP role: Though improving, the EP's influence remains weaker than the Commission or Council.
• Comitology: Council committees (of MS) that oversee Commission activities.

Citizen and National Involvement

• A citizens initiative is a democratic instrument introduced in 2012, which allows citizens to propose legislation.
• It must fall within EU competencies.
• A citizen's initiative has not been well used so far.
• Under the Treaty of Lisbon, a relationship was formalized between the EP and national parliaments.
• National parliaments scrutinize proposed EU legislation, particularly ensuring compliance with the principle of subsidiarity.
• 8 national parliaments can collectively block a Commission proposal if subsidiarity is violated.
• National parliaments also vote on mixed international treaties (excluding trade agreements) signed by the EU.
• There is criticism as there is not enough time for checking all the proposed legislation.

Principle of Subsidiarity

• It was introduced by the Maastricht Treaty.
• Decisions and laws should be made at the level closest to citizens unless better addressed at the EU level because of efficiency and appropriate scope of governance.
• All the rest should be done at the level of the constituting states.