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EU Decision-Making Procedures (II) & Beyond: The Finances of the EU

29 important questions on EU Decision-Making Procedures (II) & Beyond: The Finances of the EU

Which diffrent procedures gives art. 48 on treaty revisions?

Treaty revision are introduced art.48 TEU. there are different procedures it is not exhaustive. main way are mapped out in 48. We have ordinary revision procedure but not the ordinary legislative procedure. and there are simplified procedures.

What is the ordinary revision procedure

Ms or commission submits proposal to council for amendment. The proposal is submitted to the eu council and the council. The national parliaments are notified. After this read 48 2 to 5

What is the simplefied revision?

Revisin all or part of the provision of part 3 of the tFEU relating to the internal policies and action of the union.

What does art.311 say wbout own recources

That the budget shall be finances through own recources.

What was the directive of 2020 for?

the directive from 2020 was to counter the economic crisis from the covid 19 crises.

When we look at art.2 of the Decision 2020/2053 of 14 December 2020

it identifies a number of own recources art.2 gives the categories of resources. What does it say? there are three of them, any goods entering the eu will be subject to custom duty, custom duty are levied to goods enter the eu. Taxes inargicutral sector go to eu budget, and there is contribution services and good sold in eu. uniform percentage contribution from ms. these are the estables categories for resources.

What is the annual budget?

Annual budget
An aanual budget is adopted very 6year in compliance with the MFF. You have resources, you plan how to spend them in 7 years and on a yearly bases you fine tune. The eu parlement tries to have a strong influence. It is a co decider for the annual budget parlement is on equal basis with the council

What is Next gen EU

Next gen EU: is the eu funding, plan that allows the money that is borrowed to redistributed to the ms it is no annual budget it is addition way of support the member states financially. Next gen EU adopted on base art.5 ORD comes as an additional.

How does adopting rescources decions MMF stand with OLP and special legislation?

adopting og the resources decisions mmf are highly sensitive so they are put in a sophisticated frame work in between the ordinary legislation and the special legislating. it is trigged by policial decions, the treaties.

There number of provisions that call for close cooperation between various eu institutions, what do art.295 and 324 TFEU call for?

art.295 refers to the duty of eu institutions and coordinate their decisions making proces. art.324 tfeu specifies the presisdence of the three institutions that they must meet regularly to consult and conciliat.

What can we see in the regulation Annex II

Annex 2: it is a commitment by the three institution to develop new resources for the eu. commission is expected to make proposals for the creating for new resources. there is a little delay but it still happened in 2021 like greenhouse emission and minimum lvl taxation etc. they are not binding law yet but there on the table. In own resources decisions in.

WHAT KIND OF recources dives the art,2 and 5 ORD?

rt. 2 ORD you have the creation of resources in art. 5 ORD allows extraordinary and temporary means like borrowing. this needs to be reboursed so we need new resources. The commission is making proposals to make this happened. these can be pre agreed., constitutional law and political decions meet here.

What is the RRF and what is the legal basis.

Art.175 tfeu, par. 3. money has been borrowed the decisions is made how to spread the money this is organised by the recovery and resilience facility RRF it is a regulation. that orhganises the way the newly acquired borrowed money will be spread in the ms. recovery instrument is a way to borrow money and the facility is a way to spread it,

What can be said about the decionmaking procedure? Of the decions to borrow money

this is abnormal decisions making procedure. the way of spreading is ordinary eu decionsmaking. the decisions to borrow and how to borrow is special legislation procedure.

What are the objectives of the RRF? And how does it relate to the Next gen EU r

these RRF is meant to repair the economy. the technical word is recovery and resilience, next gen eu is also used for this. next gen eu is recovery and facility to borrow money and spread it to ms. this is shown in art. 1- 6

Eu finanical provision

Financial provision: common provision
Eu funding as an instrument of inter-instituinal control
art.318 tfeu
art.319 tfeu

For what can art.322 tfeu form the basis

art.322 tfeu
can form the basis for adoption of rules. how will the eu monitor eu funding at national level. there is a regulation on the financial rules. also a regulation december 2020 on general regime of conditionallity for protection of union budget. it was adopted in 2020, through an ordinary legislative procedure. What is purpose of this? to tackle threat to the union budget that are caused by structural deference a national level related to the rule of law.these threats are so serious they form a threat to the normal use eu funding.

When does a revision for a treaty enter into force?

Needs to be ratified by all states.

Has the court jurisdiction to look at validity of a treaty?

No but commission can bring a state that fails to fullfill obligation bfore the court.

What does the parloament authorize with the budget?

Final say all categories of expenditure. And can reject the budet.

What role does the commission play with the budget?12.060, 12.

It implements and submits the draft eu budget.

What is an obligation reguarding the budget?

It needs to be in balance to thr expenditure , art.314 (10)

What are the fout sources of revenue?

1. Levies, tarrifs
2. VAT
3.plastic packiging waste
4.GNI

What is the conciliation committee doesnt accept a joint text?

The commission submits a new draft. parliament needs a majority of the votes to reject.

What if both institutions approve or reject a draft of the budget? Or one approves and the other not?

The budget is then adopted art.314 (7)

What if after accepting the budget there are unforsseable, unavoiable etc circumstances?

You can amend the budget.

How can the commssion implement a budget?

- shared management with ms, they are delegated to do budget implementtation.
- commissions own department
- third country or person.

In regulation 2020/2092 what principle was added to protect the budet?

Protecting the budget in breaches of the principle of the rule of law.

What if there is a breach in the rule of law principle under regulation 2020/2092?

Then commission proposes to the council to adopt apporpriate measures. Suspension of payment, commitments, early repayment of loans etc. Needs to belifted if the conditions have changed.

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