07EU Secondary Law Decision-Making Procedures

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the status of the act during the third reading?

The act is approved by the Council only.

The act is approved by the European Parliament only.

The act can still be modified.

The act can no longer be modified. (correct)

What happens if the European Parliament approves the Council's position during the second reading?

The act requires further reading.

The act is sent back to the Commission for revision.

The act can be modified by the Parliament.

The legislative process ends. (correct)

Which statement accurately describes the role of the European Parliament in the legislative procedure?

The European Parliament can modify any act at any point.

The European Parliament has the authority to approve or reject the Council's position. (correct)

The European Parliament must always approve the Council's initial position.

The European Parliament's role is insignificant during the readings.

What characterizes the second reading of the ordinary legislative procedure?

New positions can be proposed by the Council or Parliament. Signup and view all the answers

Which of the following is true regarding the ordinary legislative procedure?

The procedure involves multiple readings and positions from both the Council and the Parliament. Signup and view all the answers

What is the primary characteristic of the advisory procedure?

The Committee's conclusions significantly influence the Commission's decision. Signup and view all the answers

In which situation is the examination procedure applied?

In cases concerning the common agricultural policy and security measures. Signup and view all the answers

Which two procedures are currently utilized for implementing acts?

Examination procedure and advisory procedure. Signup and view all the answers

What happens if the Committee delivers a negative opinion during the examination procedure?

The Commission can propose an amended version of the act within two months. Signup and view all the answers

Under which condition is the Commission NOT allowed to adopt an implementing act?

If the examination procedure does not yield a positive opinion. Signup and view all the answers

Who has the exclusive power of initiative or proposal in legislative procedures within the EU?

The European Commission Signup and view all the answers

In the ordinary legislative procedure, which institution is typically the dominant one?

The Council of the EU Signup and view all the answers

What is meant by the term 'legal basis' in the context of EU institutions?

The treaty provision that allows EU institutions to act. Signup and view all the answers

Which statement accurately describes the choice of decision-making procedures by EU institutions?

The procedure must align with the applicable legal basis. Signup and view all the answers

Under what condition can the EU Parliament rest the initiative for legislative procedures?

When specified in the Treaty Signup and view all the answers

What guarantees the position of recipients of EU secondary law?

The rigidity of the decision-making system. Signup and view all the answers

Consultation in legislative procedures is characterized as:

Compulsory but not binding Signup and view all the answers

What role does the European Commission play in the adoption of a regulation or decision?

Proposing the act Signup and view all the answers

How did the Lisbon Treaty affect the relationship between the EU Parliament and the Council?

It created a more balanced position for the EU Parliament. Signup and view all the answers

What are interinstitutional agreements in the context of EU decision-making?

They codify practices to enhance cooperation between EU institutions. Signup and view all the answers

In the context of special legislative procedures, which statement is true?

They are only applicable if explicitly provided by the Treaties Signup and view all the answers

What is a partial exception to the rigidity of the decision-making procedures indicated in the Treaties?

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

What percentage of Member States is required for judicial cooperation in criminal matters according to the Treaty?

1/4 of the Member States Signup and view all the answers

In case of multiple legal bases, what considers the 'centre of gravity' principle?

The basis that best reflects the objectives of the envisaged act. Signup and view all the answers

What type of power is granted to the Council during the adoption phase of an act?

Approval power with veto authority Signup and view all the answers

Which is NOT a recipient of EU secondary law?

Non-EU countries Signup and view all the answers

What is one of the main purposes of ex ante impact assessment?

To assess the potential effects of proposed measures Signup and view all the answers

Which statement best explains the consequences of distinguishing between legislative and non-legislative acts?

Legislative acts are adopted in public sessions, while non-legislative acts are not. Signup and view all the answers

What does the principle of subsidiarity imply for legislative acts?

They require national parliaments to exercise control ex ante. Signup and view all the answers

Which of the following is true regarding the annulment procedure for legislative acts?

Locus standi is significantly limited for individuals regarding legislative acts. Signup and view all the answers

Which process allows for public engagement prior to the implementation of EU measures?

Public consultations with stakeholders Signup and view all the answers

What characterizes the adoption of non-legislative acts in the EU?

They are adopted in closed sessions without public participation. Signup and view all the answers

Which option describes the limits of national parliaments' control over legislative acts?

Control must be executed before the legislation is implemented. Signup and view all the answers

What aspect of legislative acts is determined by the Treaty of Lisbon?

The legal basis and procedure for their adoption. 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 is a key characteristic of the political control exercised by the Parliament and the Council over delegated acts?

They can establish procedures for annulment of the acts. Signup and view all the answers

How can an implementing act be characterized according to Article 291 TFEU?

It creates binding conditions for application. Signup and view all the answers

What is the primary responsibility for the implementation of EU law in most cases?

The Member States Signup and view all the answers

Which of the following is a feature of implementing powers conferred to the Commission?

They must be specified by the binding act. Signup and view all the answers

What does the 'comitology' regulation aim to regulate?

The control of implementing actions by the Commission. Signup and view all the answers

What can happen if a delegated act does not respect the primary act?

It can be annulled. Signup and view all the answers

Which of the following statements about implementing acts is false?

They are always subject to political control. Signup and view all the answers

Which institution has the authority to revoke the delegation of powers in delegated acts?

The European Parliament and the Council Signup and view all the answers

What is the relationship between delegated acts and primary acts?

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

Study Notes

EU Secondary Law Creation and Decision-Making Procedures

EU law (secondary) creation is governed by specific decision-making procedures.
These procedures are interinstitutional in nature, meaning institutions collaborate to define roles and powers within the process.
Institution's roles and powers (EU Parliament, Council, Commission) vary based on the specific procedure. Types of procedures include: legislative (ordinary or special), and non-legislative.
The framework is based on the principle of conferral—authority granted to specific institutions. It also follows principles of institutional balance and loyal cooperation.
Procedure choice is dictated by the legal basis, not by the EU institutions themselves.
The legal basis defines the power to act and the procedure for the adoption of EU secondary law.
Objectives and content of the act are subject to judicial review.
EU institutions' discretion in choosing procedures is limited.
The Lisbon Treaty established a more balanced relationship between the EU Parliament and the Council.
Interinstitutional agreements complement Treaty provisions, supporting institutional cooperation for improved regulation quality.
Some tools include ex ante impact assessments, stakeholder consultations, and ex post evaluation discussions.
Legislative vs. non-legislative acts are distinguished by the procedure, dictated by the Treaty.
Transparency of Council proceedings, and subsidiarity mechanisms for legislative acts are emphasized.
EU citizens' initiatives also present a process and requirements.

Legislative Procedures: Outline

Ordinary Legislative Procedure:
- Proposal originates from the Commission,
- The Parliament and Council jointly adopt the act.
- Includes stages like first reading, second reading and third reading
Special Legislative Procedures:
- Determined by the Treaties
- Emphasize the dominant position of one institution (Parliament or Council)
- Include specific procedures that feature differing levels of participation from institutions.
- Three cases for special procedures where the Parliament is active.

Power of Proposal (Initiative)

Usually rests with the Commission, except when clearly specified otherwise in the Treaties.
EU Parliament or Member States can also propose (sometimes, but not always).
Other institutions may request a proposal.
The Commission isn't obligated to follow any request.

The "Monopoly" of the Commission (Initiative/Proposal)

Commission's proposal is usually the starting point for a legislative process.
Other institutions can influence this proposal but must follow specific rules.
Withdrawal or amendment of the Commission's proposals is possible under certain conditions.
Public hearings, consultations, and internal Parliament/Council discussions are associated with proposals.

Ordinary Legislative Procedure: Outline

Different stages: first reading, second reading, and third reading, and possibly conciliation.
Detailed processes involved at each stage (parliament approval or veto etc).

Ordinary Legislative Procedure: First Reading

Commission's proposal, Parliament's position, council position, opinion of the commission, and the adoption of the act.

Ordinary Legislative Procedure: Second Reading

Different scenarios if the Parliament approves, rejects, or modifies the council's position.
This phase may involve the opinion of the commission and conciliation committee involvement.

Ordinary Legislative Procedure: Third Reading

Parliament and Council jointly agree on a final act's text.
Failure to agree could lead to the procedure ending.

Special Legislative Procedures: Types/General Features

Consultation (advisory opinion from Parliament):
- Parliament's opinion is important yet non-binding.
- Processes and roles of Parliament are limited in this procedure.
- Time limits and consultation procedures should be observed.
Approval (veto power):
- Parliament has the role to veto measures approved by the Council.
- Unequal power distribution between institutions is often highlighted in this process.

Non-Legislative Procedures

Procedures where not all institutions necessarily participate.
Generally, involving only the Commission and Council or Council alone.
Example procedures and their associated acts.

Delegated Acts (Article 290 TFEU)

Commission executes delegated powers.
Specific conditions, objectives, contents, and scope are defined previously.
Subject to monitoring and possible revocation by delegating institutions.
Delegated acts are reviewed in the Court of Justice.
Detailed characteristics or important factors about delegated acts

Implementing Acts (Article 291 TFEU)

Uniform Conditions for implementing EU laws.
Implementing acts can be done by the Commission or only in specific cases by the Council.
Control mechanisms of these acts by member states (comitology).
The examination and advisory procedures for implementing acts are highlighted.
Types of acts, procedures, and circumstances for which implementing acts are appropriate.
Detailed characteristics, conditions, or factors concerning implementing acts.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Explore the intricacies of EU secondary law creation and the collaborative decision-making procedures involving key institutions like the EU Parliament, Council, and Commission. Understand the various types of procedures and the principles guiding these processes, including the legal basis for actions and the concept of institutional balance. This quiz provides a deep insight into the structural framework established by the Lisbon Treaty.