European Union Law - LAW 1024
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Questions and Answers

What must be explicitly defined in legislative acts regarding the delegation of power?

  • The objectives, content, scope, and duration (correct)
  • The budgetary requirements of the member states
  • The voting rights of the European Parliament members
  • The procedures for amending existing laws

Which statement correctly explains the principle of implementing acts according to article 291 TFEU?

  • They are entirely under the control of the European Parliament.
  • Member States are responsible for implementing EU law. (correct)
  • They allow for amendments to legislative acts.
  • They are not based on any specific treaty articles.

Which type of legislative procedure does NOT involve the ordinary legislative process described in article 294 TFEU?

  • Budgeting procedures
  • Social security regulations
  • Special legislative procedure (correct)
  • Implementation of EU law

What distinguishes delegated acts from implementing acts in EU law?

<p>Delegated acts supplement existing legislation. (B)</p> Signup and view all the answers

Which of the following is not a category of EU acts as mentioned in the content?

<p>Administrative acts (C)</p> Signup and view all the answers

What principle indicates the EU's legal independence from international public law?

<p>Functional and normative autonomy of EU law (D)</p> Signup and view all the answers

Which article establishes that international agreements concluded by the EU are binding on EU institutions and Member States?

<p>Article 216(2) TFEU (C)</p> Signup and view all the answers

Which document is considered a primary source of EU law?

<p>Charter of Fundamental Rights of the EU (D)</p> Signup and view all the answers

According to the ruling in Les Verts v European Parliament, what is emphasized regarding the Community's legal structure?

<p>Review of measures for conformity with the constitutional charter (D)</p> Signup and view all the answers

What is included in the Treaty on the Functioning of the European Union (TFEU)?

<p>Protocols, Annexes, and non-binding Declarations (D)</p> Signup and view all the answers

What is a function of the Founding Treaties in EU law?

<p>Providing the foundational legal framework for the EU (A)</p> Signup and view all the answers

What does Article 351 TFEU state regarding international agreements made by Member States prior to EU accession?

<p>They continue to affect rights and obligations unless incompatible with EU Treaties (D)</p> Signup and view all the answers

What does Article 3(5) TEU assert regarding the EU's respect towards international law?

<p>EU must respect international law in its actions (A)</p> Signup and view all the answers

Which term refers to the principles included in primary sources of EU law?

<p>General principles of EU law (D)</p> Signup and view all the answers

Which of the following statements is true regarding the Treaty on European Union (TEU)?

<p>It is one of the primary founding Treaties of the EU (A)</p> Signup and view all the answers

Which of the following is a primary source of EU law?

<p>Accession Treaties (D)</p> Signup and view all the answers

What is the primary function of Title I of the TEU?

<p>To provide definitions and common provisions (C)</p> Signup and view all the answers

Which part of the TFEU addresses EU citizenship and non-discrimination?

<p>Part II – (EU) Citizenship (A)</p> Signup and view all the answers

According to Robert Schütze, which criterion suggests that EU primary law functions similarly to a governing constitution?

<p>Descriptive perspective (A)</p> Signup and view all the answers

What is covered under Title IV of the TEU?

<p>Enhanced cooperation among member states (D)</p> Signup and view all the answers

Which article of the TEU deals with the withdrawal process from the EU?

<p>Article 50 (D)</p> Signup and view all the answers

What does the term 'imperfect functional division' refer to in the context of EU Treaties?

<p>The unclear relationship between different EU institutions (C)</p> Signup and view all the answers

In the judgment of the Court in Parti Ecologistes Les Verts vs European Parliament, what aspect of EU law was highlighted?

<p>The necessity of upholding fundamental rights (A)</p> Signup and view all the answers

Which areas still have limited powers under the EU law framework?

<p>Taxation, education, health services, and CFSP/CSDP (D)</p> Signup and view all the answers

What is a key feature of delegated acts according to the TFEU?

<p>They can be revoked or opposed under specific articles. (A)</p> Signup and view all the answers

What does the term 'comitology' refer to in the context of EU law?

<p>The procedures for European Commission's implementation powers. (A)</p> Signup and view all the answers

What does the Examination procedure in EU legislation oversee?

<p>Control of implementing acts enacted by the Commission. (B)</p> Signup and view all the answers

Which article of the TFEU requires a Statement of Reasons for EU acts?

<p>Article 296 (D)</p> Signup and view all the answers

What is a key provision of Article 297 TFEU?

<p>It involves the procedures for the publication and entry into force of acts. (A)</p> Signup and view all the answers

What is the main purpose of a delegated act under Article 290(1) TFEU?

<p>To adopt non-legislative acts of general application to supplement or amend non-essential elements of a legislative act (B)</p> Signup and view all the answers

What was a significant call made by MEPs in 2017 regarding legislative procedures?

<p>To convert remaining special legislative procedures into ordinary ones. (B)</p> Signup and view all the answers

What does the ‘Neo-Comitology’ Regulation entail?

<p>The rules for controlling the Commission's exercise of implementing powers. (D)</p> Signup and view all the answers

Which of the following is NOT considered a binding instrument of EU law?

<p>Recommendations (C)</p> Signup and view all the answers

What distinguishes implementing acts from delegated acts?

<p>Implementing acts provide specific details for uniform implementation of a legislative act (A)</p> Signup and view all the answers

How did the Lisbon Treaty impact the typology of secondary sources of EU law?

<p>It clarified the hierarchy among various secondary sources (D)</p> Signup and view all the answers

Which article governs the delegation of powers for adopting non-legislative acts?

<p>Article 290(1) TFEU (A)</p> Signup and view all the answers

What is the role of the Commission when granted implementing powers under Article 291(2) TFEU?

<p>To provide details ensuring uniform implementation of laws (C)</p> Signup and view all the answers

Which type of acts are defined as non-binding instruments in EU law?

<p>Recommendations and Opinions (C)</p> Signup and view all the answers

What is necessary for the delegation of power to be valid under Article 290(1) TFEU?

<p>The specific objectives and scope must be defined in the legislative act (C)</p> Signup and view all the answers

Flashcards

Primary EU Law Sources

The core legal documents of the EU, including treaties and charters.

Founding Treaties (EU)

The initial treaties establishing the EU, and their subsequent changes.

Treaty on European Union (TEU)

EU treaty outlining the EU's general principles and structure.

Charter of Fundamental Rights of the EU

A document defining fundamental rights protected within the EU.

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EU Law Hierarchy

A specific order of importance among EU legal norms.

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EU Law: Rule of Law?

The European Union operates within a framework of law, where both its member states and institutions must abide by its fundamental legal charter, the Treaty. This means actions of the EU must be reviewed against the treaty to ensure legality.

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CJEU's Role: Checking EU Actions

The Court of Justice of the European Union (CJEU) has the power to review EU actions (like regulations or decisions) to ensure they comply with the Treaty.

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EU Law & International Law

EU law is considered to be a separate legal order with its own set of rules, even though it interacts with international law.

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EU Treaties & International Agreements

International agreements signed by the EU are binding on both EU institutions and member states. Treaties signed by member states BEFORE joining the EU remain valid unless they conflict with the EU's fundamental principles.

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EU Respecting International Law

Even though EU law is independent, the EU must still respect general principles of international law.

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EU Treaties

The foundational legal documents of the European Union, outlining its structure, powers, and objectives.

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TEU

Treaty on European Union, establishing the general principles and framework of the EU.

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TFEU

Treaty on the Functioning of the European Union, outlining the specific policies and functions of the EU.

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EU Primary Law

The Treaties of the European Union, considered the highest legal authority within the EU system.

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CJEU Case Law

Decisions and judgments of the Court of Justice of the European Union, which interprets and develops EU law.

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Fundamental Rights (EU)

Basic rights and freedoms protected within the framework of the European Union.

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EU Legal Personality

The EU's status and recognition as a distinct legal entity.

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EU Treaty Revision

Processes for altering the EU's foundational treaties (TEU and TFEU).

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Delegation of Powers

The process where the EU grants power to implement laws to another institution (like the Commission), but only within specific parameters defined by the law itself.

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Essential Elements of an Area

These are core elements of a legislative area that must be specified by the EU Parliament and Council, and cannot be further delegated to any other body.

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Difference 'Supplementing' and 'Amending'

Supplementing laws adds details or clarifies existing ones without changing their core principles, whereas amending laws modifies or changes the original legislation's core content.

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Implementing Acts (Article 291 TFEU)

These are acts that help put EU laws into practice and are usually carried out by national governments based on guidelines or instructions from the EU Commission.

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Delegated acts (Article 290 TFEU)

These acts allow the Commission to create non-binding technical regulations to flesh out aspects of EU laws under the control of the EU Parliament and Council.

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Secondary Sources of EU Law

Legal acts adopted by EU institutions based on EU Treaties. These acts are the specific rules implementing the broad principles laid out in the Treaties.

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Lisbon Treaty's Impact on EU Law

The Lisbon Treaty clarifies the hierarchy of secondary sources, maintains the pre-Lisbon typology of acts, and introduces a distinction between delegated and implementing acts.

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Types of Secondary EU Legal Acts

These include regulations, directives, decisions, recommendations, and opinions. Regulations are binding and directly applicable in all Member States. Directives are binding as to the result, leaving implementation to Member States. Decisions are binding only on the addressee. Recommendations and opinions are non-binding.

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Delegated Acts

EU acts that allow the Commission to supplement or amend non-essential elements of a legislative act. They are delegated the power to adapt a law to changing circumstances.

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Implementing Acts

EU acts that provide further detail on the implementation of a legislative act, ensuring uniform application across Member States.

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Difference Between Delegated and Implementing Acts

Delegated acts supplement or amend non-essential elements, while implementing acts provide further detail on implementation. Delegated acts involve creating new rules, while implementing acts clarify existing ones.

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EU Court on Delegated Acts

The European Court of Justice clarified that delegated powers must be explicitly defined in the legislative act granting them, ensuring their purpose is aligned with the basic law.

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EU Court on Implementing Acts

The European Court of Justice clarified that implementing acts provide detail on how to apply the legislative act, ensuring uniformity across member states.

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Ordinary Legislative Procedure

This is the most commonly used legislative procedure in the EU, where both the European Parliament and the Council of the European Union have equal powers in the lawmaking process.

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QMV (Qualified Majority Voting)

This is a voting system in the EU where a majority of members, weighted by population size, agree to a decision. It is used to pass laws in various areas.

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EU Legislative Procedures: Evolution

The European Union has been expanding the use of the ordinary legislative procedure, slowly replacing special procedures. This gives the European Parliament more power in lawmaking.

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Comitology

Comitology refers to the system of 'committees' made up of national experts that review and control the EU Commission's implementation of EU laws.

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Statement of Reasons

A text that must accompany any EU act or preparatory act, explaining the reasoning behind it.

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Entry Into Force: EU Acts

EU laws come into force after being published in the Official Journal of the European Union.

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EU Law Hierarchy: Summary

EU law has a specific order, with primary sources (treaties) being more important than secondary sources (regulations, directives).

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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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Primary and Secondary Sources of EU Law PDF

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.

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