EU decision-making and hierarchy of norms
14 important questions on EU decision-making and hierarchy of norms
Rules shared competence
1. Areas of shared competence become exclusive competences:
the more the EU does, the less the member states can do.
2. When the EU stops exercising its shared competence, the
competence reverts (keert terug) to the member states.
3. The EU sets only minimum standards, the member states can
adopt more stringent (streng) rules (193 TFEU)
4. Excluded from pre-emption are:
A. Areas of article 4 (3 + 4) TEU: member states can always
exercise their power in these areas, even if the EU has
exercised its competence.
B. Common Foreign and Security Policy (intergovernmental)
Common Foreign and Security Policy (SFSP)
- The EU has competence to implement a common foreign and security policy (2 (4) TFEU).
- Decision-making in this area is more intergovernmental than in other areas.
- Not an exclusive, shared or supplementary competence.
Key elements principle subsidiarity
1. Only applies outside of EU exclusive competence
2. Objectives cannot be sufficiently achieved by the member states
3. Objectives can be better achieved on Union level
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Enhanced role for national
parliaments principle subsidiarity
1. Established an early warning mechanism.
2. Yellow card procedure (7 (2) protocol no 2)
3. Orange card procedure (7 (3) protocol no 2)
When can the principle of proportionality be used
Difference legislative and non-legislative acts
1. Ordinary procedure (294 TFEU)
2. Special procedure: depends on the provision
Non-legislative:
1. Delegated acts2. Implementing acts
How you know which procedure you have to use:
1. Ordinary procedure: in the article is mentioned ‘in accordance with a ordinary legislative
procedure’
2. Special procedure: in the article is mentioned ‘in accordance with a special legislative
procedure’.
3. No procedure mentioned: non-legislative act
Obligations (verplichtingen) if an act is a legislative act:
1. The participation of national parliaments (2-5 protocol no 1 + 6-7 protocol no 2)
2. Transparency in council-decision-making (16 (8) TEU)
The commission can be requested to submit an initiative by
1. EP (225 TFEU)
2. Council (241 TFEU)
3. Citizens initiative (11 (4) TEU jo. 24 TFEU)
- Requirement: 1 million signatures from at least 7 member states
* Both are weak democratic tools: it doesn’t bind the Commission to initiate legislation.
The council can amend (wijzigen) a proposal of the commission by....
When can right of initiative be withdrawn by the commission?
Possible when (293 (2) TFEU):
1. As long as the council has not acted (as long as they have not taken a position).
2. If proposed amendments distort (vervormen) the proposal, which prevents achievement of the objectives of the proposal.
The council is accountable to their national parliaments or to their citizens , art
The council deliberates and votes in public on a draft legislative act, art
Draft legislative acts must be sent to the national parliaments > the parliaments examine within 8 weeks whether the draft legislative act complies with the principle of subsidiarity, art
2-5 protocol 1
The question on the page originate from the summary of the following study material:
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