EU Decision-Making Procedures (I): Legislation – Democracy in Practice
24 important questions on EU Decision-Making Procedures (I): Legislation – Democracy in Practice
Where can you find the OLP? And how does the first reading work?
1.proposal commission to parlement and council
first reading
2. Parlements asopts its positions and sends it to the council.
3. If the council agrees they take it.
4. If they dont agree, they adopted their posisiton and send it to the parlement. They need to inform the full reasons.
Second reading OLP
the parlement needs to
- approve the councils postion,
- reject woth majoprity of components.(not adopted)
- can amend.
What if the parlement amends in OLP?
- approve. (adopted)
- rejects, meeting with president council and president parliament.meeting of Conciliation committe.
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When does the council needs a unanimously act in OLP?
What is a conciliation committe
What part does the commission have in the concliation committe?
What if the conciliation commitee reches an agreement?
What if there is OLP on intiatiove court or ms. Etc? Cases provided in the treaty on basis of OLP/
instead the eu parliament and the council shall comminutcate the proposed act to the commission with theur positions. During the readings they can request the commissions opinion. Commission can also do this in their own or take place in the conciliation committe.
What is secondary eu law?
- directives
- regulations
- decisions
- recommendation not bindin
What is the diffrence between directives and regulation
What can the commission do if a ms failed to fullfill an obligation under the treaty, art.258 tfeu
What if a ms considers that another ms has failed to fullfill an obligation?,art.259 tfeu
- before this, matter before the commission. Comission gives opinion after they heard the ms. if commission doenst do this the matter can still be bought to court.
What if a state has infringed an obligation under eu law?art.260 tfeu
- under 2 a penalty can be asked.
Can the commission ask for money if there is an infringement?
Informal infringement in eu law?
- informal discussion, with ms
- administrative letter
- package meeting/compliance, quite productive, l;awyer from commission and member state, it can give its position of ms and the position of the eu commission
- eu pilot, slightly formal procedure via it system, commission can send questions to ms , structured dialogue. the infringement is serious when we reach this state. not used for all
- political letter , last state commissionair will send it to the government, as a way to last chance to change position
How can the parliament play a role in infringment procedures?
- political pressure through ep resolutions or via debates
- parliamentary questions to the commission
- petitions from individuals to the European parliament. art.24 227
What part does the eu ombudsman play in infringement procedure?
- power to receive complaints from any citizen of the union or any natural or legal person residing or having its registered office in a member state concerning instances of maladministration in the activities of the union institutions, bodiesn . How can you push the commission, the slide baout this is a guidemap to it.
Who had the burden of prood in a infringement proceeding?
Burden of proof and infringement proceedings
it lays on the commission, commission has to prove the infringement has taken plays this is hard because the commission is bound bij egality between member states.
What are solvit centres?
financial authorities: the european banking authority
the european consumer centres network
authorities to enforce geo blocking regulation
solvit is a network, network national centres that are stuffed by national centres. it is informal beased commission recommendation. No solvit officier, it is a online system. you cvan submit complaints online. it has existed for 20 year to solve red tape problems etc
How are trilogues held at first reading?
What if in a trilgue an agreement is met in the first reading?
What if there is an agreement after the parliament adopted its position in the first reading?
How long can time periods be extended?
What is critque on trilogies?
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