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Summary tutorials
Summary tutorials regarding European law. Notes made during tutorials are in red.
[Meer zien]Voorbeeld 4 van de 61 pagina's
Voorbeeld 4 van de 61 pagina's
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Voorbeeld van de inhoud
Task 1: Introduction to Law andthe European Union
A: Multiple-choice questions
Please answer the MC questions of the EU Quiz in Module Week 1 on Student Portal.
- EU legislation can be proposed by: the European Commission
- How many official languages does the EU have? 24
- Comitology refers to: how the commission consults when adopting implementing
acts
- Which European agency is located in Helsinki? European Chemicals Agency
B: The EU - principles and institutions
1. Please fill in the table below. Have a digital or printed version with you during the
tutorial.
European European Council (of the European Council
Commission Parliament European Union)
In which TEU article Art 17 Art 14 Art 16 Art 15
can you find
information about
this institution?
In which TFEU article Art 244 – 250 Art 223 - 234 Art 237 - 243 Art 235 + 236
can you find
information about
this institution?
Composition: How is Led by a 704 members President rotates Comprises of heads of
this institution president (5y), (+1 president), between states state of MS, president
composed? How are nominated by elected every every 6 months. 27 of the European council
its members European 5y and sit national ministers (1 (2,5y) and president of
appointed/elected? council and according to per state). However, the European
approved by political the Council meets in commission.
parliament. allegiance. various forms
Other 26 (so Number of depending upon the
total 27 members per topic (e.g. ministers
members) MS of agriculture, 10
commissioners proportional configurations.)
are nominated to size
by MS and country.
approved by Directly
parliament, 1 elected by EU
commissioner citizens.
per MS.
What is the task of Executive arm Shares the Holding legislative Provide the union with
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,this institution in the of EU. It drafts legislative and some limited the necessary impetus
EU? (ontwerpen) all (adopts and executive powers (impuls) for its
laws and amends and the main development and shall
proposes new legislative decision-making define the general
laws + upholds proposels) and body of the EU. MS political guidelines and
the law and budgetary have to agree before future of EU. Proposes
treaties, can authority with it becomes law + candidate to
bring MS to council. Does adopting and parliament for
court (Guardian not have coordinating president European
of treaties). legislative legalisation of within commission.
initiative. It states
has power
over the
commission.
Being a institution gives you certain rights (for instance, access to court of justice), if you are a body
you don’t have those rights.
TEU articles on institution = articles are more big lines, what are tasks, rights etc.
TFEU articles on institution = more detailed rules on the institution, independence, rules of
procedure etc.
Commission = in article 17 TEU paragraph 4 gives the info until 2014, paragraph 5 talks about the
current rules. The member states have decided to not cut down the amount of MS in commission
(paragraph 5) (for political reasons), so this means there is still one commissioner per MS. The
commission provides legislation drafts and they check if MS adhere EU law as they should (Art 1 (1)
TEU).
Parliament = represent the political interest of European citizens. So, the parliament exists to
represent the citizens, they are elected via national system. As a citizen you vote for the Dutch seats
in the European parliament (seats according to country size). The Dutch members of parliament sit
according to their political alliance.
European council = discusses general policies and future ideas of EU. It meets at least 4 times a year.
Heads of each MS is part of European council (dus ook Rutte).
The council = meets a lot more and is specific on a certain topic (configuration). Role is the adoption
of legislation. Also they discuss the general economic situation of the MS.
2. What are DGs within the European Commission? Mention the DGs that are
relevant for food issues.
Directorate-General (DG) = Commission is organised into policy departments (DGs)
which are responsible for different policy areas. DGs develop, implement and manage
EU policy, law, and funding programmes. Overall, the Commission works under the
leadership of a President. DG health and food safety (SANTE) and DG agriculture and
rural development (AGRI) are relevant for food issues.
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,Each DG is directed by a director general, they inform the commissioner about the
status. So, the commission has 27 commissioners but they have office persons
(specialists) working for them in DGs.
3. Which committee within the European Parliament deals with food issues?
The Committees of the European Parliament aimed to support the European
Commission in initiating legislation. These committees - working on different specific
areas - will advise the Commission by producing reports, proposing amendments
(wijzigingen) to the draft legislation, and providing, if necessary, a drafted legislative
resolution.
The environment, public health and food safety (ENVI) committee deals with food
issues. There are 81 members and a chair, members of the European parliament are
working in ENVI. The members of the parliament have the choice to specialize and they
choose for a certain committee. Budgetary, legislative and … functions.
4. For these principles, please describe in your own words what they mean and where
they can be found in the Treaties:
Principles are fundamental norms on how we make law and how power is confirmed,
it are rules where the laws are based on. Principles are as important as the treaties.
Principle of conferral (Art 5(2) TEU) = provides that ‘the limits of Union
competences are governed by the principle of conferral’. This means 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’.
The corollary is that ‘Competences not conferred upon the Union in the
Treaties remain with the Member States’. A.k.a. this principle describes the
competences (bevoegdheden) and its limits of the Union, the competences
are decided by the member states themselves. In the end this means that
competences are not given to the EU will remain to the member states.
o Art 2-6 TFEU, competences are described (exclusive, shared and
supporting competences).
Exclusive competence: i.e. on fishing, means that the MS can
make no laws/adopt acts anymore on fishery!
Shared competences: MS can still adopt law, but only if the EU
has not exercised its powers or explicitly tells to do so.
Supporting competences: EU can only help MS achieve these
laws, but cannot make legislation that harmonises the rules
among the MS.
Principle of subsidiarity (Art 5 (3) TEU) = regulates the exercise of powers by
the EU. The principle means that, in areas which do not fall within its
competence, the EU can act only if, the objectives of the proposed action
cannot be sufficiently achieved by the member states, either at central level
or at regional and local level, but can rather, by reason of the scale or effects
of the proposed action, be better achieved at EU level. It’s about the use of
and how to use the competences of the EU. At which level do we make laws
and regulate in order to achieve what we want to achieve? Does it make
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, sense to regulate it on EU level/scale? (i.e. piece of forest in Venlo with rare
species should be determined in NL, not on EU level. There can only be
general regulations on forests in EU) or (i.e. determining the meaning of
traffic lights colours is EU level, but where to place a traffic light in Venlo is
not EU level).
Principle of proportionality (Art 5 (4) TEU) = also regulates the exercise of
powers conferred by the MS to the EU. The principle means that to achieve its
aims, the EU will only take the action it needs to and no more. How far do we
have to go to achieve what we want to achieve? You cannot go further than
that. Be clear what is the objective of the measure, what is necessary for that
aim to achieve that?
Precautionary principle (Art 191 TFEU) = is an approach to risk management,
where, if it is possible that a given policy or action might cause harm to the
public or the environment and if there is still no scientific agreement on the
issue, the policy or action in question should not be carried out. However, the
policy or action may be reviewed when more scientific information becomes
available. Principles enables to make decisions in the face of risks that are not
already scientifically defined and clear (such as coronavirus, or food additive is
potentially carcinogenic according to a new study).
C. EU law and decision-making
There are seven principal sources of EU law, each of which will be considered further
within this chapter:
- The EU Treaties, in particular the Treaty on European Union (TEU) and the Treaty on
the Functioning of the European Union (TFEU).
- Secondary legislation made under the EU Treaties.
- ‘Soft law’ (i.e. non-legally enforceable instruments which may aid the interpretation
and/or application of EU law).
- Related Treaties made between the Member States.
- International Treaties negotiated by the Union under powers conferred on it by the
EU Treaties.
- Decisions of the Court of Justice of the European Union.
- General principles of law and fundamental rights upon which the constitutional laws
of the Member States are based.
1. What is meant by the hierarchy of norms in EU law?
Hierarchy of norms = the idea that in a legal system there will be a vertical ordering of
legal acts, with those lower down the hierarchy being subject to legal acts of a higher
status. (EU law is always higher than MS law).
- Primary law = primary law is always leading
o Treaties (TEU + TFEU) and charter of fundamental rights = Any legislative act
must be made pursuant to some Treaty Article, and the Union Courts will
determine the scope and interpretation of such Treaty and Charter (human
right instrument of EU, freedom of speech etc.) provisions.
o General principles (have same hierarchy as treaty) = principles of law are used
to interpret treaty articles. The general principles of law are applied by the
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