Class notes
Democratic Deficit - EU Law
- Course
- Institution
Notes about the democratic deficit in relation to EU law.
[Show more]
Seller
Follow
nikkigrindley
Reviews received
Content preview
EU Law Lecture 4 – 09/10/15Democratic Deficit
Balance of powers between the institutions – is the democratic input
into the process relevant?
Does this matter? What is the status and effect of EU legislation?
The effect of EU legislation
Article 288 TFEU – Regulations, directives and decisions have
varying degrees of binding force. Recommendations and opinions
have no binding force. Regulations are of general legislative effect,
directly applicable and may be able to satisfy requirements of direct
effect. Directives bind member states as to enacting them. Difficult
for regulations to be challenged under judicial review, easier for
decisions to be challenged.
International Fruit Company v Commission – court looked at
substance of measure, it had been adopted as a regulation, but it
was in reality a series of decisions, so there should be a right of
challenge. Crucially no mention of resolutions in the document, but
the court looked at it as if it was a resolution. Where the nature of
the act determines its effect, the court is willing to look behind the
act to the substance to find out what it actually does, and therefore
what its effect is.
Public Opinion
Daily Express survey 9/10/15 – 53% of voters would vote to leave
the EU unless powers are transferred back from Brussels.
Telegraph 9/10/15 – Reporting on launch of ‘vote leave’ campaign,
which unites figures from left and right
Conferred Powers
Article 5 TEU – (1) The limits of the Union competences are
governed by the principle of conferral.
(2) Under the principle of conferral, the Union shall only act within
the limits of the competences conferred upon it by the member
states in the treaties to attain the objectives set out therein.
Competences not conferred upon the Union in the Treaties remain
with the member states.
The EU can only act to achieve the objectives specified by the
member states.
If the MS have no given the EU the power, the power remains with
the MS.
Article 4(1) TEU – in accordance with Article 5, competences not
conferred upon the Union in the Treaties remain with the member
states
Scope of the EU’s power
Economic integration (Article 26 TFEU)
Environmental protection, tackling climate change (Article 191
TFEU)
Energy (Article 194 TFEU)
Consumer protection (Article 169 TFEU)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller nikkigrindley. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.98. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
83662 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now