04Sources of EU Law

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Questions and Answers

What is the primary legal source that regulates the relations among the subjects of the EU legal order?

Secondary law

Treaties (correct)

General international law

Soft law

Which of the following is NOT true about Treaties in the EU legal framework?

They consist only of the rules governing Member States. (correct)

They are the higher legal source than secondary law.

They empower EU institutions to act.

They can confer rights to individuals.

In the context of EU law, what is meant by the term 'binding sources'?

Sources that enforce regulations, directives, and decisions. (correct)

Sources that allow for flexibility in enforcement.

Sources that are purely recommendations.

Sources that provide guidelines without legal obligations.

How many Protocols, Annexes, and Declarations are attached to the Treaties?

37 Protocols, 2 Annexes, and 65 Declarations (B) Signup and view all the answers

What is the function of the Accession Treaties in the context of EU law?

They regulate the rights and obligations of new Member States. (D) Signup and view all the answers

What is the primary function of the ESM Treaty regarding Decision 2011/199?

It establishes a stability mechanism by the Member States independently. (D) Signup and view all the answers

Which title of the TFEU deals with the common agricultural policy?

Title III (A) Signup and view all the answers

What does the passerelle procedure allow for regarding decision-making processes?

The transition from unanimity to qualified majority voting in the Council. (D) Signup and view all the answers

Which title within the TFEU is primarily concerned with environmental policy?

Title XX (A) Signup and view all the answers

What does Title IX of the TFEU focus on?

Social policy and workers' rights. (B) Signup and view all the answers

Which title encompasses topics related to education and vocational training?

Title XII (D) Signup and view all the answers

Which of the following is NOT a part of the internal policies outlined in Part III of the TFEU?

Foreign affairs policy (A) Signup and view all the answers

What is the effect of a single negative opinion from a national parliament on a proposed decision by the European Council?

The proposed decision cannot be adopted. (D) Signup and view all the answers

What does Title XVIII of the TFEU address?

Economic, social, and territorial cohesion. (B) Signup and view all the answers

Which of the following is NOT considered a general principle typical of EU law?

Legal certainty (B) Signup and view all the answers

Which principle ensures that Member States do not adopt measures that undermine EU objectives?

Loyal cooperation (B) Signup and view all the answers

How do the general principles of EU law assist in legal matters?

They fill legal gaps and interpret EU law. (B) Signup and view all the answers

What does the principle of non-discrimination primarily address in EU law?

Protection against unfair treatment based on nationality (B) Signup and view all the answers

What is a primary function of the general principles of EU law?

To establish legitimacy for EU secondary legislation (B) Signup and view all the answers

What is the primary objective of the Union's monetary policy?

Maintaining price stability (A) Signup and view all the answers

Which of the following is an example of a principle common to national legal systems?

Principle of legality (A) Signup and view all the answers

What does the stability mechanism aim to achieve?

Safeguard the stability of the euro area (A) Signup and view all the answers

How can the grant of financial assistance to a Member State be classified?

As an economic policy measure (B) Signup and view all the answers

What does 'effet utile' refer to in the context of EU law?

It relates to the effectiveness of EU legislation. (C) Signup and view all the answers

Which of the following statements is true regarding the amendment of Article 136 TFEU?

It does not confer new competences on the Union. (D) Signup and view all the answers

What does Decision 2011/199 stipulate about financial assistance?

It is subject to strict conditionality. (D) Signup and view all the answers

Which distinction is complex and ambiguous according to the information provided?

Monetary policy vs. economic policy (C) Signup and view all the answers

What consequence might the stability of the euro area have?

Indirect effects on the stability of the currency (A) Signup and view all the answers

What is the role of Member States concerning the stability mechanism according to Decision 2011/199?

They have the power to establish a stability mechanism. (D) Signup and view all the answers

What is the power of initiative concerning amendments to the Treaties?

The proposal can be made by the EU Parliament, Commission, or each Member State’s government. (C) Signup and view all the answers

Which of the following describes the composition of the Convention in the ordinary revision procedure?

A mixed assembly including representatives from various bodies such as the Commission, EU Parliament, and Heads of State/Government. (B) Signup and view all the answers

Under the ordinary revision procedure, after hearing the necessary parties, who decides whether to proceed with examining the proposal?

The European Council. (A) Signup and view all the answers

How are amendments to the treaties formally adopted?

Amendments enter into force only if ratified by all Member States. (B) Signup and view all the answers

In what situation may the European Council decide to skip convening the Convention?

With the approval of the EU Parliament. (D) Signup and view all the answers

What happens if fewer than 4/5 of Member States ratify the amendments within two years?

The matter is referred to the European Council. (C) Signup and view all the answers

Which simplification procedure applies solely to the third part of the TFEU?

Simplified no 1. (B) Signup and view all the answers

What role does the Intergovernmental Conference play in the ordinary revision procedure?

It acts as the final authority to draft the revised version of the Treaties. (B) Signup and view all the answers

What is the primary purpose of the first simplified procedure for substantive policies of the EU?

To propose amendments concerning Part III of the TFEU (B) Signup and view all the answers

Which entity can initiate proposals under the simplified procedure?

EU Parliament, the Commission, or a Member State government (D) Signup and view all the answers

What condition must be met for an amendment to be adopted under the first simplified procedure?

Consultation of the European Parliament and Commission (D) Signup and view all the answers

In the context of the Pringle case, who votes on measures specific to Member States whose currency is the euro?

Members of the Council representing euro currency Member States (D) Signup and view all the answers

What limitation exists in the first simplified procedure regarding the powers of the Union?

It cannot increase or decrease the Union's powers or competences (A) Signup and view all the answers

What is the required voting majority for the adoption of measures concerning euro currency Member States?

Qualified majority as defined in Article 238(3)(a) (C) Signup and view all the answers

What does the stability mechanism established by euro currency Member States aim to safeguard?

The stability of the euro area as a whole (B) Signup and view all the answers

Which Article of the TFEU was amended in the context of the Pringle case for a stability mechanism?

Article 136 (A) Signup and view all the answers

Study Notes

Sources of EU Law

EU law has primary and secondary sources
Primary law includes Treaties and general principles
Treaties are the foundation of the EU legal order, regulating relationships between EU members
Treaties define the fundamental legal regime, establishing the rights and obligations for all members, including individuals
Treaties confer competencies upon EU institutions, giving legal force to institutional acts
Protocols, annexes, and declarations are part of the Treaties
Treaties include those between the EU and new members
Treaties are superior to secondary law
The Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) have equal legal value
The ECJ considers Treaties as the "constitutional charter" of the EU
Practical consequences of EU law require interpretation within its context, considering objectives and evolution
The Treaty on European Union (TEU) has 55 articles
The Treaty on the Functioning of the European Union (TFEU) has 360 articles
Part I of TFEU discusses principles and categories of EU competence
Part II covers non-discrimination and Union citizenship
Part III details both internal policies and Union actions (including market, freedom, security, justice, and competition law)
Part IV addresses the association of overseas territories
Part V focuses on Union external actions outside CFSP
Part VI has institutional and financial provisions
Protocols complement Treaties, clarifying specific areas and offering temporary disciplines, considering specific member state issues
Declarations lack binding force but clarify the context of Treaty formation and restate existing concepts/principles
There are various procedures for revising Treaties (ordinary and simplified)

EU Law: Examples of General Principles of EU Law

General principles
Effet utile
Non-discrimination
Institutional balance
Proportionality
Mutual trust and recognition amongst Member States
Rule of law
Principle of legality
Legal certainty
Legitimate expectations
Effective judicial protection
Loyal cooperation
Obligation of member states to take appropriate actions
Obligation of member states to support EU in achieving objectives
Four dimensions: vertical and horizontal
Effectuality
EU law is applied in a context that maximizes its intended effect
Priority is given to an interpretation that best fulfills the objective
Legal certainty
Administrative action transparency
Protection of legitimate expectations
Safeguarding against unexpected changes

Treaties (2)

The Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) have the same legal value.
The ECJ considers Treaties the EU's constitutional charter
EU law rules must be interpreted based on context, considering their objectives and the stage of development of the law
Practical interpretations often prioritize systematic and teleological approaches over strictly literal interpretations.

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Description

Explore the primary and secondary sources of EU law, focusing on Treaties, their significance, and implications for EU members. This quiz covers the foundational legal framework established by the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). Test your knowledge on how these legal documents shape EU legislation and institutional powers.