Question 1/31
Statement. One of the authorities of the European Parliament in the creation of the legislative instrument as depicted in figure 1 is the
... [Show More] right of initiative.
False, is with the European Commission.
See page 67
New legislation starts at the Commission as it has the right of initiative. This right empowers and requires the Commission to make legislative proposals on the matters contained in the Treaties.
Statement. The heads of state of all EU member States are not directly involved in the legislative process as depicted in figure 1
True. HosG attend European Council which is not involved in the legislative process. See table 3.4 and page 66
The Council has no formal powers but sets out the strategy for the development of the Union and functions as a forum for settling disagreements between the Member States.
Article 4 TEU
1. In accordance with Article 5, competences not conferred upon the Union in the Treaties remain with the Member States.
Statement. The instrument as depicted in figure 1 is an example of the principle of conferral as mentioned in article 4 TEU.
True. Sovereignty is reduced. indicates that decrease of a Member State’s sovereignty is limited by
the extent of conferral. If not conferred it remains within the sovereignty of the Member State. See on conferral page 64
Under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein (art. 5 TEU). Any competence not conferred remains with the Member States (art. 4 (1) TEU).
The depicted instrument is a Directive. See on this page 70 and specifically 288 TFEU
Secondary legislation consists of the legislative products with a basis in the Treaties. It may take the form of a Regulation, Directive or Decision; see article 288 TFEU
Article 288 TFEU
To exercise the Union's competences, the institutions shall adopt Regulations, Directives, decisions, recommendations and opinions.
A Regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.
A Directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.
A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.
Recommendations and opinions shall have no binding force.
Article 288 TFEU lists the instruments which the Union can adopt to exercise its competences. See on sovereignty page 62
Sovereignty means that a country is independent and free from any outside control or authority over its decisions and policies. A sovereign nation also manages its regulatory environment, including the rules and formalities for importing and exporting, as it considers best in its own political and economic interests. Countries can however decide to transfer (regulatory) authority to a supranational organisation. A supranational organisation is created by, or on behalf of, two or more countries that transfer part of their sovereignty in order to enable the organisation to make decisions or regulate independently. Supranational means that a governance level is created on top of the national level.
Statement. All institutions of the institutional triangle are involved in creating the legislative instrument as depicted in figure 1
True. Institutional triangle is EP, Council + Commission. See page 76
See on triangle and role on the ‘three players’page 76
The EU works with two types of legislative procedures: an ordinary and a special one. This paragraph only deals with the ordinary procedure (article 294 TFEU), as outlined in table 3.4, which consists of the joint adoption of instruments (see article 288 TFEU) by the Council of the EU and EP on a proposal from the Commission. The institutional triangle concept refers to the three players, institutions, in this legislative process.
Statement. The legislative instrument as depicted in figure 1 regulates infringements of a branch of law which is an exclusive competence of the European Union.
True. Competition law
See on exclusive competence for competition law page 64
The establishment of an internal market, previously common market, is one of the key-objectives of the EU (art. 3 (3) TEU). The internal market is an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured (art. 26 (2) TFEU). Member States are not allowed to create any quantitative restrictions on imports and exports or take any measure having equivalent effect (arts. 34-37 TFEU). The difference with a customs union is in the additional free movement of persons, services and capital. Article 3 TFEU gives, sub-b, the Union exclusive competence in establishing the competition rules necessary for the functioning of the internal market. [Show Less]