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Ambtenbrink en Vedder

34 important questions on Ambtenbrink en Vedder

Why is there a need for law- and policy making in the EU?

Because of the framework-like character calls for law and policy making in order to flesh out general provisions and implement them in practice.

Who has the exclusive right to propose legislation and what are the three exceptions on this?

The Commission is the only institution with the competence to initiate legislative proposals. The exceptions on this are when:
- The ECB wants to amend the statutes of ECB and ESCB.
- The Council can establish an employment committee with advisory status.
- Parliament can lay down regulations and conditions governing the performance of the Ombudsman's duties.

How are the Commission's legislative proposals handled before going to the Council?

First, they are prepared by Directorates General by publishing a green paper, which contains various options to which parties may respond.

Then the Commission present its proposal in the white paper,

Which changes into a COM document and gets published online,
And is forwarded to the Council.

Can nationals initiate a legislative proposal in the EU?

They can invite the Commission to submit a proposal on their behalf, in the form of a big petition to ask the commission to do such a thing. The proposal cannot exceed EU jurisdiction or violate Treaties or fundamental principles.

Why is it, in the ordinary legislative procedure, much harder for Parliament to reject amendments from the Council?

Because in reality, they only need 118 votes in favour to accept amendments.

When are special legislative procedures applied and what does this entail?

Special legislative procedures are applicable in politically sensitive cases, areas wherein the actions taken are very closely aligned with political preferences of every member state. For this, the Council needs the approval of Parliament.

What are mixed agreements by the EU?

Agreements with third parties in which both the EU and member states themselves are involved. This causes legal problems: who is in charge of what?

What is the function of the Multiannual Financial Framework?

To lay down a general idea of the budget for the next five years and impose a special principle of sincere cooperation.

What are the four monetary income sources of the EU?

- Payments based on import from third-world countries.
- A percentage of the VAT of each member-state.
- A percentage of the GNI (Gross National Income) of member states.
- Incidental revenue.

Who is in charge of delegated acts of the EU?

The Council. They are in control and can reject delegated acts.

What is the function of the Comitology regulation?

The member states regulate how well the Commission is making use of its implementing powers.

What is the function of the European Central Bank?

To pursue a uniform currency policy and to watch over financial institutions in the Euro-area.

Of what three decision-making boards does the ECB consist?

- The Executive Board: President and vice-president of ECB, appointed by the European Council after consulting Parliament and giving council.
- The Governing Council: six members of the Executive Board and governors of central banks in the euro-area. Completely independent!
- The General Council: represents central banks of member states which have adopted the euro as currency. Comprises of governors of national banks.

What are the tasks of the ECB and ESCB respectively?

The main task of the ECB is to maintain price stability in the Euro-area and support economic policies of the EU.

The main task of the ESCB is to promote smooth operation of payment systems within the EU.

What is the internal structure of the ECB?

All decisions are taken by the Governing Council which votes by majority and meets twice a month. The Executive Board prepares meetings of Governing Council and implements the monetary policy. The General Council is responsible for the collection of data and is the link with non-euro member states.

What is the advisory procedure with regards to the right implementation of EU law by the Commission?

The Commission asks the relevant committee what the right implementation would be.

What is the examination procedure in the implementation of EU laws by the Commission?

The Commission can only implement if the responsible committee approves. If it doesn't give an answer, the Commission may adopt the act unless it's a sensitive subject or approval is required.

What is the procedure when a breach of human rights occurs by a member state?

If there is a clear risk of serious breach of the values of art. 2 TFEU, the Council, after hearing the responsible member state and obtaining consent from Parliament, determine that such a risk exists. If the breach occurs, Parliament has to agree that this breach violates human rights. There needs to be unanimity about this. The Council can then suspend the Member State's voting rights.

What are the two procedures for revision of the founding Treaties of the EU?

Ordinary revision procedure: In a convention, member states, Parliament and the Commission make a decision on the amendments by simple majority.

Simplified revision procedure: European Council can, after consulting parliament, adopt Treaty amendments with unanimity.

What is the procedure for a member state joining the EU?

The membership applications are submitted to the Council, which decides on it after consulting the Commission and obtaining consent from Parliament.

What are the requirements for joining the EU?

Respecting human rights.

What is the procedure for a member state to resign from the EU?

After notifying the Council of tis withdrawal, the member state will trade in negotiations with the Commissions and High Representative on arrangements for withdrawal. The withdrawal agreement itself is concluded by the Council, acting by qualified majority. After two years, the EU Treaties do not apply to the resigned state anymore.

Can the term for which EU Treaties apply to resigning member states be extended?

Yes, but only by unanimous decision.

What is enhanced cooperation and what is required for it?

Groups of member states forging ahead. At least nine member states may establish enhanced cooperation in areas which fall under the EU's non-exclusive competences and comply with EU-law. The Enhanced Cooperation is regarded as a last resort.

What is the procedure for enhanced cooperation?

It is proposed by the Commission and granted by Council, after obtaining consent from Parliament. Only in CFSP does the Parliament have an advisory role.

The procedure before the Court of Justice consists of a written and a oral part. What is the procedure for the written part?

An adversarial procedure starts with an application which determines the subject of the dispute. After the application is served, the defendant has two months to lodge a defence with factual and legal arguments. Each party can respond to each others allegations. The Court of Justice can take measures which further explain certain aspects of the case.

What is the procedure of the oral part of a case before the Court of Justice

The hearings are public. Both parties express their viewpoints to each other. The advocate-general closes the hearing by giving his own opinion on the case. After hearing, the judges make decision behind closed doors (in camera). Verdicts are adopted by a majority of votes.

When is a verdict by the Court of Justice operative?

When it is signed by the Council and publicly published.

What legal actions can you do against a decision of General Court of the EU?

You can bring a decision of the General Court before the Court of Justice. This must be about points of law, as factual points have already been established by the General Court. Appeals on the amount of money that has to be paid are strictly prohibited.

What is the procedure for when a member state gets taken to Court because of an infringement of EU-law?

The Commission has to do a preliminary examination. After that, it will send a formal notice to the member state. Here, the member state can explain itself in a reasonable period determined by the Commission. If the Commission still thinks there is an infringement, it delivers a reasoned opinion where it urges the member state to take action. It is up to the appealing party to present evidence of the infringement.

What if a member state which is convicted fails to eliminate the infringement in question?

Then that failure to eliminate the infringement is seen as a new infringement in itself.

What are the three requirements for an action of annulment?

- the subject must be about of of the Union's institutions, bodies, offices or agencies as stated in art. 263 TFEU.
- It must be about an act of one of these entities.
- The Court of Justice/General Court must have jurisdiction to examine the compatibility of the act with EU-law.

What is standing/locus standi?

The ability of a party to bring a lawsuit in a court.

How is the standing for natural/legal persons defined?

Into three constellations.
- The first constellation: they always have standing for acts that are directed against them directly.
- Second constellation: standing for annulment if an act is of direct concern to them. Attributes and circumstances have to be evaluated for this.
- Third constellation: Actions against regulatory acts that are of direct concern to natural and legal persons and do not entail implementing measures.

The question on the page originate from the summary of the following study material:

Introduction to International and European Union Law

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