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Questions and Answers
What must be explicitly defined in legislative acts regarding the delegation of power?
What must be explicitly defined in legislative acts regarding the delegation of power?
Which statement correctly explains the principle of implementing acts according to article 291 TFEU?
Which statement correctly explains the principle of implementing acts according to article 291 TFEU?
Which type of legislative procedure does NOT involve the ordinary legislative process described in article 294 TFEU?
Which type of legislative procedure does NOT involve the ordinary legislative process described in article 294 TFEU?
What distinguishes delegated acts from implementing acts in EU law?
What distinguishes delegated acts from implementing acts in EU law?
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Which of the following is not a category of EU acts as mentioned in the content?
Which of the following is not a category of EU acts as mentioned in the content?
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What principle indicates the EU's legal independence from international public law?
What principle indicates the EU's legal independence from international public law?
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Which article establishes that international agreements concluded by the EU are binding on EU institutions and Member States?
Which article establishes that international agreements concluded by the EU are binding on EU institutions and Member States?
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Which document is considered a primary source of EU law?
Which document is considered a primary source of EU law?
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According to the ruling in Les Verts v European Parliament, what is emphasized regarding the Community's legal structure?
According to the ruling in Les Verts v European Parliament, what is emphasized regarding the Community's legal structure?
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What is included in the Treaty on the Functioning of the European Union (TFEU)?
What is included in the Treaty on the Functioning of the European Union (TFEU)?
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What is a function of the Founding Treaties in EU law?
What is a function of the Founding Treaties in EU law?
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What does Article 351 TFEU state regarding international agreements made by Member States prior to EU accession?
What does Article 351 TFEU state regarding international agreements made by Member States prior to EU accession?
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What does Article 3(5) TEU assert regarding the EU's respect towards international law?
What does Article 3(5) TEU assert regarding the EU's respect towards international law?
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Which term refers to the principles included in primary sources of EU law?
Which term refers to the principles included in primary sources of EU law?
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Which of the following statements is true regarding the Treaty on European Union (TEU)?
Which of the following statements is true regarding the Treaty on European Union (TEU)?
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Which of the following is a primary source of EU law?
Which of the following is a primary source of EU law?
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What is the primary function of Title I of the TEU?
What is the primary function of Title I of the TEU?
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Which part of the TFEU addresses EU citizenship and non-discrimination?
Which part of the TFEU addresses EU citizenship and non-discrimination?
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According to Robert Schütze, which criterion suggests that EU primary law functions similarly to a governing constitution?
According to Robert Schütze, which criterion suggests that EU primary law functions similarly to a governing constitution?
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What is covered under Title IV of the TEU?
What is covered under Title IV of the TEU?
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Which article of the TEU deals with the withdrawal process from the EU?
Which article of the TEU deals with the withdrawal process from the EU?
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What does the term 'imperfect functional division' refer to in the context of EU Treaties?
What does the term 'imperfect functional division' refer to in the context of EU Treaties?
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In the judgment of the Court in Parti Ecologistes Les Verts vs European Parliament, what aspect of EU law was highlighted?
In the judgment of the Court in Parti Ecologistes Les Verts vs European Parliament, what aspect of EU law was highlighted?
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Which areas still have limited powers under the EU law framework?
Which areas still have limited powers under the EU law framework?
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What is a key feature of delegated acts according to the TFEU?
What is a key feature of delegated acts according to the TFEU?
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What does the term 'comitology' refer to in the context of EU law?
What does the term 'comitology' refer to in the context of EU law?
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What does the Examination procedure in EU legislation oversee?
What does the Examination procedure in EU legislation oversee?
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Which article of the TFEU requires a Statement of Reasons for EU acts?
Which article of the TFEU requires a Statement of Reasons for EU acts?
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What is a key provision of Article 297 TFEU?
What is a key provision of Article 297 TFEU?
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What is the main purpose of a delegated act under Article 290(1) TFEU?
What is the main purpose of a delegated act under Article 290(1) TFEU?
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What was a significant call made by MEPs in 2017 regarding legislative procedures?
What was a significant call made by MEPs in 2017 regarding legislative procedures?
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What does the ‘Neo-Comitology’ Regulation entail?
What does the ‘Neo-Comitology’ Regulation entail?
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Which of the following is NOT considered a binding instrument of EU law?
Which of the following is NOT considered a binding instrument of EU law?
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What distinguishes implementing acts from delegated acts?
What distinguishes implementing acts from delegated acts?
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How did the Lisbon Treaty impact the typology of secondary sources of EU law?
How did the Lisbon Treaty impact the typology of secondary sources of EU law?
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Which article governs the delegation of powers for adopting non-legislative acts?
Which article governs the delegation of powers for adopting non-legislative acts?
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What is the role of the Commission when granted implementing powers under Article 291(2) TFEU?
What is the role of the Commission when granted implementing powers under Article 291(2) TFEU?
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Which type of acts are defined as non-binding instruments in EU law?
Which type of acts are defined as non-binding instruments in EU law?
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What is necessary for the delegation of power to be valid under Article 290(1) TFEU?
What is necessary for the delegation of power to be valid under Article 290(1) TFEU?
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Study Notes
European Union Law - LAW 1024
- Course outline (next 4 classes): Covers primary and secondary sources of EU law, the principles for adopting EU legislation, the EU legislation adoption method, EU membership, and Brexit.
Part 1 - Primary and Secondary Sources of EU Law
- Primary sources of EU law: The foundational legal texts, fundamental for the EU legal system.
- Supplementary sources of EU law and International Law as a Source of EU Law: These sources complement primary EU law, and international agreements add to the framework.
- Secondary sources of EU law: Legal acts deriving from primary sources.
- Hierarchy of EU law norms: A structured system of precedence within the EU legal order.
Primary Sources of EU Law (I)
- Founding Treaties and their successive modifications: The foundational documents and subsequent changes.
- Charter of fundamental rights of the EU: A document outlining fundamental rights protected within the EU framework.
- General principles of EU law: Legal principles developed through case law of the Court of Justice of the EU.
Primary Sources of EU Law (II)
- Founding Treaties and Treaties and Acts: These include the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).
- Protocols and Annexes (TEU/TFEU): Supplementary documents and annexes to the main treaties.
- Declarations (Examples): Examples include declarations from particular countries.
- Charter of fundamental rights (art. 6(1) TEU): A fundamental document outlining the EU's fundamental rights structure under the TEU.
- General principles of EU law (developed in the case law of the CJEU): Principles derived from the Court of Justice of the European Union (CJEU) case law.
Primary Sources of EU Law (III)
- Treaty Establishing the European Atomic Energy Community (Euratom): A treaty establishing the European Atomic Energy Community.
- Accession Treaties: Treaties pertaining to EU accession and enlargement. (Specific link provided)
Primary Sources of EU Law (IV)
- EU Treaties Structure (functional division): An outline of the structure of EU treaties, including titles and articles referencing legal aspects like common provisions, democratic principles, institutions, external action, CFSP, final provisions, and revisions or withdrawal, with further details on finding the treaties.
Primary Sources of EU Law (V)
- The Nature of Primary Law (Is it Constitutional Law?): A question of whether EU primary law can be viewed through a constitutional lens.
- Three perspectives/criteria (Robert Schütze): A detailed description of the different perspectives on the EU primary law.
- Position of the CJEU: Court Rulings and opinions regarding EU primary law, illustrating its interpretations and importance.
Primary Sources of EU Law (VI)
- Quote from Les Verts v European Parliament: A key quote about the EU being based on the rule of law and the Treaty, indicating a constitutional nature.
Supplementary Sources of EU Law and International Law
- Case-law of the Court of Justice of the EU (CJEU): A crucial source of interpretations and judgments.
- International Law: An important aspect of EU law, particularly in international agreements.
- Functional and normative autonomy of EU law from rules of international public law: Explanation of how EU law works in conjunction with international law.
- International agreements: These conventions are binding on the EU and its member states.
- Other rules of international law (e.g., Article 3(5) TEU): Rules and principles that EU law must comply with.
Secondary Sources of EU Law (I)
- Legal acts adopted by EU institutions: Legal acts based on EU treaties.
- Lisbon Treaty clarification of hierarchy: Clarification of hierarchy within secondary EU law, specifically between legislative and executive acts.
- Types of secondary acts: maintained pre-Lisbon and post-Lisbon typology of acts.
- Delegated and Implementing Acts: Types of executive secondary measures.
Secondary Sources of EU Law (II)
- Typologies of EU legal acts (Article 288 TFEU): Binding and non-binding instruments.
Secondary Sources of EU Law (III)
- Delegated Acts (art. 290(1) TFEU): Sub-legislative acts, providing additional details to legislative acts.
- Distinction between 'supplementing' and 'amending': Detail differences between different types of delegated acts.
- Implementing Acts (article 291 TFEU): Implementation of EU law and uniform conditions of implementation for Member States.
Secondary Sources of EU Law (IV)
- Categories of EU acts: Legislative and non-legislative acts.
- Legislative acts (formal and procedural definitions): Different types of legislative procedures.
Secondary Sources of EU Law (V)
- Non-legislative acts: Details and control mechanisms associated with non-legislative acts.
- Delegated and Implementing Acts, and mechanisms for control: Control mechanisms for delegated and implementing acts.
Secondary Sources of EU Law (VI)
- General EU administrative rules: Statements of reasons, publication, and entry into force requirements.
Hierarchy of EU Law Norms
- Visual representation of hierarchy: A visual summary depicting the hierarchy of EU Law norms, starting from treaties, descending through general principles, fundamental rights, international agreements, and the remaining legal instruments.
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Description
This quiz covers the foundational aspects of European Union law, focusing on primary and secondary sources, EU legislation adoption methods, and the impact of Brexit. You'll explore key legal texts, their significance, and the hierarchy of legal norms within the EU legal order.
