EU Legislative Procedures Overview

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Questions and Answers

What is the main difference between the advisory procedure and the examination procedure?

The advisory procedure requires a positive opinion from the Committee.

The examination procedure allows the Commission to adopt acts without Committee input.

The examination procedure applies to all types of implementing acts.

The advisory procedure allows the Commission to decide while considering Committee conclusions. (correct)

Which procedure is applicable when the Committee delivers a negative opinion?

Management committee procedure

Examination procedure (correct)

Regulatory procedure with scrutiny

Advisory procedure

Which of the following contexts applies solely to the examination procedure?

Acts of limited geographical scope.

Acts related to private sector businesses.

Acts that do not involve health safety.

Acts concerning environmental protection. (correct)

What must happen if the examination committee gives a negative opinion?

The Commission can present an amended version or refer it to an appeal committee. Signup and view all the answers

Which of the following is NOT a factor that determines the use of the examination procedure?

Local municipal regulations. Signup and view all the answers

Which institution typically has the dominant role in the Ordinary legislative procedure?

Council of the European Union Signup and view all the answers

What is the only institution that holds the monopoly of the power of proposal in legislative procedures?

European Commission Signup and view all the answers

Under which article does the European Parliament and the Council usually adopt proposals jointly?

Article 294 TFEU Signup and view all the answers

In the case of the Consultation procedure, what is the nature of the opinion from the European Parliament?

Compulsory but not binding Signup and view all the answers

Which article specifies that the legislative initiative may rest with the EU Parliament or a group of Member States under certain conditions?

Article 289 TFEU Signup and view all the answers

Which procedure allows for veto power by the European Parliament?

Approval procedure Signup and view all the answers

How many Member States are required for judicial cooperation in criminal matters according to Article 76 TFEU?

¼ of the member states Signup and view all the answers

What defines the Special legislative procedures in the context of EU law?

They can only be used if explicitly outlined by Treaties Signup and view all the answers

What is the primary characteristic of the ordinary legislative procedure?

It requires joint adoption by both the European Parliament and the Council. Signup and view all the answers

In the second reading of the ordinary legislative procedure, what action can the European Parliament take?

Reject the Council position. Signup and view all the answers

Which institution holds the 'dominant position' in special legislative procedures?

Council Signup and view all the answers

What occurs during the third reading if the Parliament and Council approve without modification?

The act is adopted. Signup and view all the answers

Which of the following is NOT an instance of special legislative procedures?

Modification of Council's proposal by the Parliament. Signup and view all the answers

What happens if either the Parliament or the Council does not approve during the third reading?

The procedure ends. Signup and view all the answers

What is a general feature of special legislative procedures?

They require participation from both Parliament and Council. Signup and view all the answers

What does an opinion from the Commission typically influence?

The positions taken by the Council during readings. Signup and view all the answers

How many instances of special legislative procedures are outlined?

Three Signup and view all the answers

What does the term 'ordinary legislative procedure' imply?

Joint adoption involving both Parliament and Council. Signup and view all the answers

What must EU institutions do concerning the legal procedure to be used?

They must follow the procedure indicated in the legal basis. Signup and view all the answers

What is the rigidity of the EU decision-making system intended to guarantee?

The position of the recipients of EU secondary law. Signup and view all the answers

What does the legal basis refer to in the context of EU decision-making?

The disposition of the Treaty that grants EU institutions the power to act. Signup and view all the answers

What change did the Lisbon Treaty enact regarding the EU Parliament's powers?

It made the Parliament's position and powers more balanced relative to the Council. Signup and view all the answers

Which procedure is partially exempt from the rigid decision-making requirements?

The simplified procedure to revise the Treaty under Article 48(7) TUE. Signup and view all the answers

What are inter-institutional agreements intended to achieve?

Strengthen mutual cooperation between institutions. Signup and view all the answers

What does the term 'centre of gravity' refer to in the context of multiple legal bases?

The legal basis that aligns most closely with the objectives of the act. Signup and view all the answers

What is the role of the legal basis in EU institutions' decision-making procedures?

It dictates the specific procedure to follow in each case. Signup and view all the answers

What is the main limitation of Parliament's role in legislative projects according to the veto power?

Parliament can only block a legislative project. Signup and view all the answers

Which of the following statements is true regarding non-legislative procedures?

They may be adopted by one institution acting alone. Signup and view all the answers

What must a delegation act by the Council and Parliament indicate?

The objectives, content, scope, and duration of delegation. Signup and view all the answers

What's a key function of delegated acts issued by the Commission?

To amend or supplement non-essential elements of a legislative act. Signup and view all the answers

Which of these acts are typically adopted under non-legislative procedures?

Acts of the European Council. Signup and view all the answers

What restricts the role of Parliament in legislative acts as per the ordinary legislative procedure?

Parliament and Council have unequal powers. Signup and view all the answers

Which of the following is NOT a characteristic of non-legislative acts?

Require input from both the Parliament and Council. Signup and view all the answers

What is indicated by Article 290 TFEU regarding delegated acts?

Delegated acts must respect the limits set by the primary act. Signup and view all the answers

What must always be included in the title of delegated acts?

The word 'delegated' Signup and view all the answers

What kind of control is the Commission's exercise of delegated regulatory powers subject to?

Political control by the Parliament and the Council Signup and view all the answers

What categorizes delegated acts in relation to primary acts?

They derive from primary acts but are inferior. Signup and view all the answers

What is the primary intention behind implementing acts as defined in article 291 TFEU?

To establish uniform conditions for implementation Signup and view all the answers

What does the 'comitology' regulation aim to achieve?

To consult Member States on the Commission's implementation measures Signup and view all the answers

Which act must directly confer implementing powers to the Commission?

The binding act under concern Signup and view all the answers

Which of the following accurately describes the principle of decentralized application?

Member States are generally responsible for implementing EU law. Signup and view all the answers

What must the binding act that confers implementing powers indicate?

How the power is to be exercised Signup and view all the answers

What may the delegating institutions include in the primary act regarding their powers?

Procedures for revoking the delegation Signup and view all the answers

What kind of review can delegated acts be subjected to?

Judicial review by the Court of Justice Signup and view all the answers

Study Notes

EU Secondary Law Creation & Decision-Making

EU secondary law is created through decision-making procedures with an interinstitutional nature.
These procedures define the roles and powers of the EU institutions (EU Parliament, Council, Commission).
Decision-making modalities vary depending on the specific procedure (legislative or non-legislative).
The EU framework is based on principles of conferral, institutional balance, and loyal cooperation.

General Features (1)

Procedures for adopting EU secondary law are determined by the relevant legal basis.
EU institutions are obliged to use the procedure indicated in the legal basis, they cannot choose.
The legal basis is the Treaty provision granting EU institutions the power to act in a specific area.
The envisaged act needs to have objectives subject to judicial review.

General Features (2)

Decision-making processes are usually complemented by interinstitutional agreements to ensure better cooperation and quality of regulation.
Interinstitutional cooperation is ensured by various tools such as ex ante impact assessments, stakeholder consultations, ex post evaluations, and interinstitutional discussions.
Interinstitutional agreements shape the practice and often codify the mutual cooperation mechanisms among EU institutions.

General Features (3)

The decision-making procedure is directly established by the Treaties.
There's very little discretion for EU institutions.
The Treaty of Lisbon established a more balanced position between the European Parliament and the Council, in regards to legislative powers, and a less rigid institutional framework.

Legislative vs. Non-Legislative Acts (1)

The Treaty of Lisbon introduced the distinction between legislative and non-legislative acts.
Distinction only based on the adoption procedure; defined ex ante in Treaties.

Legislative vs. Non-Legislative Acts (2)

Transparency, transparency of Council work, is a consequence of the difference between legislative and non-legislative acts. Only legislative acts are adopted during public meetings.
Subsidiarity is a control mechanism in legislative acts only.
The annulment procedure has different implications, regarding the possibilities for individuals to challenge legislative acts.

Summary Outline for Legislative Procedures

Ordinary legislative procedure (the "rule"): joint adoption by the European Parliament and the Council, based on a Commission proposal.
Special legislative procedures: varied adoption process depending on the Treaties, where one institution holds a more dominant role.
Consultation: compulsory advisory opinion from the Parliament but not binding on the Council.
Approval: a veto power for Parliament.

Power of Proposal/Initiative

The Commission has the power of initiative for all legislative procedures (ordinary and special), unless otherwise specified in the Treaty.
EU Parliament and Member States can also have an initiative power.

European Citizens' Initiative

A proposal requiring at least 1 million EU citizens from at least 7 member states.
The Commission is not bound to follow up on the proposal.
The process involves establishment of a citizens' committee, registration of the initiative, verification of signatures, presentation to and discussion with the Commission and public hearing before the EP.

Power of Initiative/Proposal (2)

EU Parliament and Council aren't forced to schedule discussions on Commission-drafted proposals. Modifications to proposals are possible, but are limited.
The Commission can withdraw its proposal, before the Council has voted on the content for the first time.

The Ordinary Legislative Procedure: Outline

First reading: Position of EP and Council different on the same proposal.
Second reading: EP approves or provides new position. Council needs to approve.
Third reading: If no agreement in the past two readings. The act cannot be further amended, both Parliament and Council must agree or there is failure.
Conciliation Committee can draft common projects in case of disagreement.

The Ordinary Legislative Procedure: First Reading

Stages of adoption according to the order of Commission's proposal, Parliament position, Council position, Council approving the EP position, act being adopted, and opinion of the Commission.

The Ordinary Legislative Procedure: Second Reading

Stages of adoption for different possible scenarios when there are disagreements between the EP and Council. Act is adopted, end of the procedure, Opinion of the Commission, or Committee of conciliation.

The Ordinary Legislative Procedure: Third Reading

Stages of adoption in Case of disagreement in second reading or possible drafting of a common project by the Conciliation Committee.

Special Legislative Procedures: General Features

"Dominant position" of one institution: Special procedures where one institution plays a more significant role in legislative procedure, usually the Council.
Examples of special cases with a Parliament dominant role are approval of the statute of the European Parliament, the Committee of Inquiry, or the exercise of functions of the European Ombudsman.

Special Legislative Procedures: Consultation

The procedure where the Council will adopt a measure after consulting with the Parliament.
Parliament is not required to issue a mandatory opinion but the process is important to allow Parliament to intervene with an opinion that can potentially effect the measure.
The consultations need to be regular and effective.

Special Legislative Procedures: Consultation (2)

Changing the act and obligation for multiple consultations.
The act requires a specific time frame for the opinion rendering.
General principles of EU Law.

Special Legislative Procedures: Approval

Details regarding acts which cannot be drafted by the Council without Parliament's approval.
No amendment of the act, Parliament and Council have unequal powers in such cases.

Non-Legislative Procedures

Non-legislative procedures refer to situations where only one institution (usually the Council or Commission) is involved in adopting an act.
Examples include Council acts, European Council acts, CFSP and cooperation in the acts.
The content and procedures of non-legislative acts are defined in the Treaties.

Delegated Acts (Article 290 TFEU)

The delegation of legislative power by the Council and the Parliament to the Commission to issue delegated acts.
Such acts supplement or amend certain non-essential elements of a legislative act.
The Act of Delegation must specify criteria like content, scope, and duration of the delegated power.
Delegated acts must always include the word "delegated" in the title.

Delegated Acts (Article 290 TFEU) (2)

Commission's exercise of delegated power is subject to political control.
The delegating institutions have the power to revoke the delegation, establish cases where the act can not enter into force due to objections, or specify other conditions (time-frame).
Judicial review, delegated acts are subject to review by the Court of Justice.

Implementing Acts (Article 291 TFEU)

Exception to decentralized application. Implementation generally is done by member states through public authorities.
The act mandates implementation as an objective.
Implementation must be uniform, with criteria specified by the act, to which implementing power is granted (Commission or Council).

Implementing Acts (Article 291 TFEU) (2)

Control: Article 291 (3) TFEU allows Member States to control actions by the Commission.
"Comitology"; replaced the previous regulatory procedure to allow a more effective control of the implementation process. There are two types of procedures, Examination and Advisory procedures.
Examination procedure implies a positive committee opinion, while the advisory procedure is more general.

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Description

This quiz explores the various legislative procedures within the European Union, focusing on the differences and applications of the advisory and examination procedures. It examines the roles of different institutions in the legislative process, including the implications of negative opinions and veto powers. Engage with key concepts to deepen your understanding of EU governance.