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LAW● All the Member States of the European Union are democratic- (representative
democracy is simple)- Article 110 TEU
● Two concepts of legitimacy: input legitimacy - public acceptance of the procedures which
lead to the adoption of decisions, and output legitimacy- public approval of the
substantive outcome of the decision-making process
● Federal states like Germany establish a two-chamber legislature
● The governments consist of legislative, executive, and judiciary powers- the principle of
separation of powers
● The Commission can broadly be compared to the executive and administration of the EU
● The Council and the Parliament - two-chamber legislature(bicameral legislature)
● European Parliament is directly elected
● Council- not directly elected
● The key feature of the EU’s political and legal system is that the division of power
between the EU and its MS is comparable to the division of powers within federal
states(EU competencies)
● Most measures are adopted by the Commission (a great deal of power, and many
believe that this power is not sufficiently accountable). Council is an important executive
(Article 17, 18 TEU)
● The Commission consists of a college of Commissioners, which, in turn, consists of the
President and the EU’s Higher Commissioner of common foreign and security policy. (1
commissioner per state). Commissioners are appointed by nation states
● The job of the High Commissioner was created by the Treaty of Amsterdam in 1999
● Control of the commission- to make all the commission resign two-thirds of the votes are
needed MEP
● The European Council can make the High Commissioner resign in the same way as it
appoints him/her
● Article 17(1) TEU sets the powers and responsibilities of the Commission
● The Commission has a monopoly on negotiating international treaties, and applying EU
law to individual cases, and this treaty must be approved by the Council
● The Commission is completely independent, but High Representative is accountable to
the Council
● The legal provisions set for the European Parliament are Article 223, 14(2), 22(2) of the
TFEU, there are 751 MEPs. There is a degressive proportionality, small Member States
have more weight. No less than 6 seats, not more than 96 seats.
● Article 14 (3) of the TEU states that the European Parliament is elected every 5 years.
● European Parliament’s main areas of functioning are budgetary and legislative- Article
14(1) TEU
● The Council is the EU’s main decision-making organ, and it shares its role with the
European Parliament
● The Council consists of national ministers, and the main functions of the Council are set
in the Article 16 (6) of the TEU
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, ● There are 8 configurations of the Council: 1.Agriculture and Fisheries, 2.Justice and
Home Affairs,3 Economic and Financial Affairs, 4 employment, social policy, health, and
consumer affairs, 5competitiveness, 6education, youth, culture and sport, 7 transport,
telecoms, and energy, 8 environment
● The Council- unanimity, qualified majority
● Principle of proportionality-Article 5(4) TEU - not exceed what is necessary in order to
achieve the goal: Spanish cotton subsidies case, British American tobacco case,
Vodafone case
● There are three types of legislatures: ordinary legislative procedure, special legislative
procedure, and various innominate non-legislative procedures.
● The ordinary legislative procedure set by Article 294 TFEU, the procedure may only be
initiated by the Commission proposal. Having initiated the OLP the Commission may
amend it all the time before the Council starts acting. Institutions and other bodies are
allowed to start OLP procedure in the area of their competence.
● If a Member State thinks that the OLP adoption would harm the existence of national
system then it would implement the’ emergency brake’.
● A large majority of special legislative procedures are derogations from the application of
the OLP in specific areas to take account of national sensibilities of different types. While
measures on judicial cooperation in civil matters are subject to OLP, the things
concerning family law, cross-border elements are subject to SLP. In these derogation
cases, the SLP is initiated by Commission proposal, the European Parliament is
consulted, and the Council adopts the legislative act by unanimous vote.
● A number of normative measures are adopted directly on the basis of the Treaty in
accordance with the procedure which is not being described as legislative , but an
INP(innominate non-legislative procedures)-minimal requirements. Council adopts the
measure by qualified majority on the basis of Commission proposal (no participation of
Parliament)
● Delegated acts are described in Article 290 TFEU
● https://eucrim.eu/news/cjeu-rules-public-security-measure-within-eu-competence-approxi
mation-laws/ Case C‑482/17 Czech Republiv v. Parliament and Council about Directive
91/477/EEC , weapon security
● Regulation- article 288 tfeu- directly applicable
● Directives are not directly applicable- member state can make an arrangement,
only direct effect under 3 exceptions no/bad implementation, deadline expired,
obligation unconditional
● Decisions are individual act, directly applicable
● Principal of conferral - article 4 (1)+ 5(2)
● Subsidiary competence (article 5(2) teu) + protocol 2- article 114 tfeu erosion of
national competences- the EU does not take an action unless the action is more
effective
●
●
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