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EU Law Basics

EU Law Basics

Last update 

European Law Basics regarding principles and institutions

Items (52)

  • Can the EU be part of international treaties with third countries or international organizations?

    Yes, pursuant Art. 216 TFEU which states that it shall do so when necessary to achieve the objectives in the Treaties

  • Are the Agreements concluded by the EU binding to Member States?

    Yes, pursuant Art. 216 TFEU

  • The principle of conferral means

    Powers expressively granted Member States

  • Who has legislative initiative in the EU?

    Parliament and Commission

  • The EU Parliament is composed of…

    Representatives of the Unions citizens

  • Minimum representatives of each Member State in the Parliament

    6

  • Maximum representatives of each Member State in the Parliament

    96

  • Term for a member of the European Parliament

    5

  • Who has legislative responsibility in the EU

    Parliament and Council

  • The Commissions term of office is

    5 years

  • Values that promote the EU Treaty, according to Art. 2 TEU

    (1) Respect for human dignity <br> (2) Freedom <br> (3) Democracy <br> (4) Equality <br> (5) Rule of law <br> (6) Respect for human rights

  • Principles that govern the competences of the EU

    (1) Conferral <br> (2) Subsidiarity <br> (3) Proportionality

  • The principle of conferral means

    The EU shall <b>only</b> act within the competences granted <i>(Art. 5 TEU)</i>

  • The principle of subsidiarity means

    The EU shall act only to attain the <b>objectives<b> of the Union when exclusive competence is not granted

  • The EU Institutions are:

    (1) Parliament <br> (2) European Council <br> (3) Council <br> (4) Commission <br> (5) Court of Justice <br> (6) Central Bank <br> (7) Court of Auditors

  • The European Council consists of:

    Heads of the State or Government of each Member State, Presidents and President of the Commission

  • The European Commission is:

    The executive body of the EU and shall ensure the application of the Treaties and measures adopted by the EU

  • The President of the Commission shall:

    (1) Lay down the guidelines for the Commission <br> (2) Decide its internal organization <br> (3) Appoint its members

  • The Court of Justice of the EU includes:

    (1) Court of Justice <br> (2) General Court <br> (3) Specialised courts

  • The Court of Justice of the EU shall:

    Rule on actions brought by Member States and give preliminary rulings

  • The Treaties may be amended by>

    (1) Ordinary revision procedure <br> (2) Simplified revision procedure

  • The ordinary revision procedure serves to:

    Increase or reduce the competences conferred to the Union

  • The simplified revision procedure serve to:

    Revise the Treaty relating to internal policies and actions of the Union

  • Regarding exclusive competences of the EU, the Members States may…

    Adopt legally binding acts only to implement the Union Acts

  • Regarding shared competences of the EU, the Members States may…

    Exercise their competence only to the extent the Union has not exercised them

  • The EU has exclusive competences, according to Art. 3 TFEU in:

    (1) Customs Union <br> (2) Rules for the internal market <br> (3) Monetary policy regarding the Euro <br> (4) Conservation of marine resources and fishery <br> (5) common commercial policy

  • The citizenship of the Union is conferred to:

    Every person holding a nationality of a Member State

  • Is internal taxation between Member States permitted, according to Art. 110 TFEU?

    <b> None <b> shall impose on the products of other State any internal taxation in excess of the one imposed on similar domestic products

  • Which principles shall influence the economic policy, according to Art. 120 TFEU?

    (1) Open market <br> (2) Free competition <br> (3) Efficient allocation of resources <br> (4) Close coordination between States

  • The principles of the common commercial policy according to Art. 207 TFEU, includes:

    (1) Tariff rates <br> (2) Trade agreements <br> (3) IP <br> (4) Foreign Direct Investment <br> (5) Measures of Liberalization <br> (6) Export Policy <br> (7) Measures to protect trade

  • Case ERTA 22/70 refers to external competence regarding:

    External competences of the EU, the <b>principle of conferral<b> regarding implied competences

  • Exclusive competences of the EU refers to:

    Only the EU may legislate and adopt a legally binding act

  • Case Kadi v Commission C315/05 refers to EU external competence regarding:

    The relationship and supremacy of EU Law regarding International Law

  • Definition of regulation

    Binding normative acts of general and direct application for all Member States

  • Definition of directive

    Binding legal instrument of general application for all Member States as to the result to be achieved, leaving the choice of form and method to the decided by the national authorities

  • Definition of decision

    Binding legal instrument that refers to a specific addressee

  • What is referred as secondary law?

    Treaties (excluding the ones establishing the EU), Regulation, Directives, Desicions (Art.288 TFEU)

  • What is referred as primary law?

    Treaties establishing and amending the EU

  • What is referred as supplementary sources of law?

    Court of Justice case-law, international law and general principles of law

  • Definition of the principle of direct effect of EU law?

    The possibility that holds a legal instrument to be immediately invoked by an individual before a national or European Court

  • Case Van Gend en Loos v Netherlands C-26/62 refers to the applicability of EU law regarding:

    The <b> direct effect<b> that EU provisions hold to be directly invoqued by individuals and not only Member States

  • Definition of the Precedence Principle

    EU law is deemed <b>superior<b> to the national laws of the Member States

  • Case Costa v ENEL C-6/64 refers to the principle of precedence regarding

    The obligation of the Member States to integrate EU Law into their legal systems

  • The action of annulment aims to:

    The judicial review the legality of the European acts before the European Court of Justice

  • The annulment action might be brought against:

    (1) Treaties, regulation, directives and decisions <br> (2) Acts adopted by EU Institutions and bodies

  • Which are the consultative bodies of the EU?

    (1) The European Economic and Social Committee <br> (2) The Committee of the Regions

  • How is the EU Commission composed?

    One president, 7 Vice presidents and 20 Commissioners

  • How is the President of the EU Commission elected?

    The European Parliament elects from the candidates proposed by the European Council by a qualified majority

  • Which is the jurisdiction of the General Court?

    Actions brought by Member States or individuals, as a court of first instance

  • Which is the jurisdiction of the Court of Justice?

    Actions brought by Member States or European Institution, and as last resort in judgements delivered by the General Court

  • Types of competence

    (1) Exclusive competence <br> (2) Shared competence <br> (3) Parallel competence <br> (4) Suplementary competence <br>  <i>(Art. 2-6 TEU)</i>

  • What is the principle of sincere cooperation?

    The obligation of Member States to assist each other in carrying out tasks from the Treaties.  <i>(Art. 4 TEU)</i>