The validity of EU legislation
6 important questions on The validity of EU legislation
Supporting, coordinating and supplementary competence
the union can support, coordinate or supplement the actions of MS, without therby superseding their competence in those areas.
The validity of EU legislation
- Compentence to act
- principles of proportionality and subsidiarity
- hierarchie of norms
- proper legal basis
- statement of reasons
- publications requirements
Five points relevant to all legal acts
- No formal hierachy
- they can take the form of legislative, delegated or implementing acts
- treaties may specified the instruments to be used
- if not -> art. 296 TFEU
- obligation to give reasons
- art. 296 TFEU
- specified rules for making legal acts
- art. 297 TFEU
- ordinary and special legislative procedure
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Four options when there is a problem with the subsidiarity (art. 7 TEU)
- Option 1: no response
- Option 2: Individual Chamber of Parliament. The commission needs to take it into account
- Yellow card procedure: 1/3 of national parliaments have to vote in favor of a high risk of a breach of the principle of subsidiarity. The institution in question can decide to maintain, amend or withdraw the draft.
- Orange card procedure: 1/2 of the national parliaments have voted in favor. The Commission has to evaluate if they want to maintain the draft, but the Council of Ministers has to vote if they want to take the draft into consideration.
Special legislative procedure
Either the Council or the Parliament adopts an act. They do this in participation of each other
- consent of the other; the Council or Parliament can only say 'yes' or 'no' to the proposed act
- consultation of the other; the Council/Parliament need to give advice, but they can do whatever they want after the advice is given
Idea behind EP legislative role
- candidate president EC needs to win support from the majority in EP
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