Legislative Procedures in the EU: Week 1 Overview
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Questions and Answers

What year did the COMM acknowledge that principles like the separation of powers, loyal cooperation amongst institutions, and respect for the opposition or judicial independence have been undermined?

  • 2014
  • 2019 (correct)
  • 2017
  • 2013

What is the primary purpose of the Justice Scoreboard?

  • To impose sanctions and fines on Member States
  • To launch infringement proceedings against Member States
  • To provide objective, reliable, and comparative data on justice systems in Member States (correct)
  • To promote the rule of law in non-EU countries

What is the connection between the Justice Scoreboard and the European Semester?

  • The European Semester is a subset of the Justice Scoreboard
  • The Justice Scoreboard is a subset of the European Semester
  • They are separate initiatives with no connection
  • The European Semester uses data from the Justice Scoreboard to inform its analysis (correct)

What is the purpose of the 2014 Rule of Law Framework?

<p>To address shortcomings of Treaty instruments responding to systemic threats to the rule of law (D)</p> Signup and view all the answers

What is the focus of the Council's Rule of Law Dialogue?

<p>Ensuring respect for the principle of conferred competences without duplicating the work of EU institutions (B)</p> Signup and view all the answers

What is the purpose of judicial actions, such as C-791/19 – Commission v Poland?

<p>To address systemic breaches of fundamental rights (A)</p> Signup and view all the answers

What is the focus of the Rule of Law Cycle?

<p>Improving understanding and awareness of issues and significant developments in areas with a direct bearing on the respect for the rule of law (A)</p> Signup and view all the answers

What is the purpose of the conditionality mechanism?

<p>To provide monetary incentives for compliance (D)</p> Signup and view all the answers

What is the purpose of the European Semester analysis?

<p>To provide specific country recommendations to improve judicial systems of Member States (A)</p> Signup and view all the answers

What is the purpose of the Annual Rule of Law Dialogue?

<p>To allow national governments to discuss rule-of-law related issues within the Council (A)</p> Signup and view all the answers

What does the European Semester analysis lead to when RoL shortcomings have a macroeconomic impact?

<p>Specific country recommendations to improve judicial systems (C)</p> Signup and view all the answers

Why did the Council establish the Rule of Law Dialogue in December 2014?

<p>To address concerns of some MSs regarding the rule of law (C)</p> Signup and view all the answers

What action can the Commission take if a Member State fails to address RoL recommendations after a dialogue?

<p>Propose art.7 TEU proceedings (C)</p> Signup and view all the answers

What is the key purpose of the Rule of Law Framework adopted by the Commission in 2014?

<p>To strengthen Treaty instruments on infringement (B)</p> Signup and view all the answers

How did the EU's RoL Toolbox evolve in 2013?

<p>Through the launch of the Justice Scoreboard (A)</p> Signup and view all the answers

What is the aim of monetary incentives for compliance within the Rule of Law framework?

<p>To enforce rule of law standards through financial measures (A)</p> Signup and view all the answers

What can be a consequence if a Member State is found to have a systemic breach of fundamental rights?

<p>Initiation of infringement proceedings by the Commission (D)</p> Signup and view all the answers

Why is efficient and independent justice institutions considered crucial for an attractive business environment?

<p>To promote speedy dispute resolution and contract enforcement (C)</p> Signup and view all the answers

What action has made the Court of Justice of the European Union (CJEU) a leading voice in combating rule of law backsliding?

<p>Handling legal actions like C-791/19 – Commission v Poland (D)</p> Signup and view all the answers

What is one of the focus areas of the Rule of Law Cycle as proposed by the Communication 'Strengthening the rule of law within the Union'?

<p>Improving awareness and understanding of issues relevant to RoL (D)</p> Signup and view all the answers

Flashcards

Rule of Law Framework (2014)

This framework was adopted by the Commission in 2014 to address shortcomings of Treaty instruments in responding to systemic threats to the rule of law.

Conditionality Mechanism

This mechanism introduces monetary incentives for Member States to comply with rule of law standards. It serves as a tool to encourage good governance.

Rule of Law Cycle

It refers to the ongoing process of monitoring, analyzing, and providing recommendations to Member States on their progress in upholding the rule of law. This cyclical approach aims to promote a continuous improvement.

Council's Rule of Law Dialogue

This dialogue was established to ensure respect for the principle of conferred competences (the EU only has the power given to it by Member States) and avoid duplication of EU institutions' work.

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Annual Rule of Law Dialogue

It is a platform for Member States to discuss rule of law issues within the Council. The annual dialogue focuses on specific rule of law concerns and facilitates collaboration between Member States.

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European Semester Analysis

This comprehensive analysis provides specific country recommendations to improve judicial systems in Member States. It aims to enhance the effectiveness and efficiency of justice systems.

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Justice Scoreboard

It is a platform for objective, reliable, and comparative data on justice systems in Member States. The Justice Scoreboard informs the European Semester analysis and provides insights into the state of justice.

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Judicial Actions

These actions, such as C-791/19 – Commission v Poland, target systemic breaches of fundamental rights. They aim to ensure the protection of fundamental rights within the EU.

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Rule of Law Cycle

The Communication 'Strengthening the rule of law within the Union' proposes a Rule of Law Cycle, which includes improving understanding and awareness of issues related to the rule of law in Member States.

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Article 7 TEU Proceedings

The Commission can propose Article 7 TEU proceedings if a Member State fails to address rule of law recommendations after a dialogue. This demonstrates the EU's commitment to enforcing its values.

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Role of Justice Institutions in Business

Efficient and independent justice institutions are crucial for an attractive business environment. They provide swift dispute resolution and contract enforcement, fostering trust among businesses and investors.

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Council's Rule of Law Dialogue (Establishment)

The Council established the Rule of Law Dialogue in December 2014 due to concerns raised by several Member States regarding the deterioration of the rule of law in some EU countries.

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EU's Rule of Law Toolbox Evolution

The EU's Rule of Law Toolbox evolved in 2013 with the launch of the Justice Scoreboard. This tool provides objective data on justice systems, contributing to a more robust approach to monitoring the rule of law.

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CJEU's Role in Combatting Backsliding

The CJEU has become a leading voice in combating backsliding on the rule of law, taking on cases like C-791/19 – Commission v Poland. It is enforcing EU values and promoting a strong legal framework.

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COM's Acknowledgment (2019)

In 2019, the COMM recognized that fundamental principles like the separation of powers, loyal cooperation, respect for opposition, and judicial independence have been undermined.

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Purpose of the Justice Scoreboard

The primary purpose of the Justice Scoreboard is to offer objective, reliable, and comparative data on justice systems in Member States. This data provides a basis for understanding the health of judicial systems.

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Consequences of Systemic Breaches

If a Member State is found to have a systemic breach of fundamental rights, the Commission can initiate infringement proceedings. This sets in motion a process to address the violation.

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Connection to the European Semester

The European Semester analysis, which uses data from the Justice Scoreboard, informs its analysis of Member States' economic performance. Weak rule of law can have negative economic impacts.

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Aim of Monetary Incentives

The aim of monetary incentives within the Rule of Law framework is to enforce rule of law standards through financial measures. This can be a powerful tool for encouraging adherence to EU values.

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