The Sources of EU Law and the Legislative Processes

• What are the primary sources of law in the EU?

  Treaties and general principles of EU law
• What are the secondary sources of EU law?

  Regulations, directives, decisions, opinions, recommendations
• What does Article 288 TFEU state about regulations?

  Regulations are binding and directly applicable
• How are directives different from regulations?

  Directives require transposition into domestic law
• What is the binding nature of decisions in EU law?

  Decisions are binding to specific parties only
• What is the purpose of recommendations in EU law?

  To suggest actions without legal obligation
• What is the function of opinions in EU law?

  To make statements without legal obligation
• What are delegated acts in EU law?

  Non-legislative acts that are legally binding
• What do implementing acts do in EU law?

  Set conditions for uniform application of EU laws
• What are the types of legislative procedures in the EU?

  • Ordinary legislative procedure
  • Special legislative procedure
  • Enhanced cooperation
• What is the ordinary legislative procedure according to Article 294 TFEU?

  It involves proposals from the Commission and Parliament
• What are the special procedures in EU legislation?

  1. Consent: Parliament accepts or rejects proposals.
  2. Consultation: Council consults Parliament before passing measures.
• What happens if the Council fails to consult the European Parliament?

  It may lead to the annulment of the act
• What is the binding nature of regulations in EU law?

  Regulations are entirely binding and applicable
• What is the deadline for transposing directives into domestic law?

  Usually 2 years
• How do delegated acts differ from implementing acts?

  Delegated acts supplement legislative acts; implementing acts ensure uniform application
• What is the role of the Court of Justice of the European Union (CJEU) in relation to general principles of EU law?

  It develops general principles of EU law
• What is the Charter of Fundamental Rights (CFR)?

  A primary source of EU law protecting rights
• What is the significance of the protocols and annexes to the treaties?

  They provide additional legal context and details
• What does the term 'binding' mean in the context of EU law?

  It means legally enforceable obligations
• What is the difference between general application and specific application in EU law?

  General application applies to all; specific applies to certain parties
• How does the binding nature of opinions differ from that of regulations?

  Opinions are not binding; regulations are binding
• What is the role of the European Parliament in the legislative process?

  It can accept or reject legislative proposals
• What is the absolute majority vote required for the European Parliament to accept a proposal?

  376 votes
• What happens if a directive is not transposed by a member state?

  The member state may face legal action
• How does the consultation procedure differ from the consent procedure in EU legislation?

  Consultation requires Parliament's opinion; consent requires acceptance or rejection
• What is the significance of the term 'non-essential parts' in relation to delegated acts?

  It refers to parts that can be amended by the Commission
• What is the main purpose of the ordinary legislative procedure?

  To adopt laws through a collaborative process
• What is the role of the Commission in the legislative process?

  It proposes legislative measures for consideration
• How does the Council's power differ in the consent and consultation procedures?

  In consent, it cannot amend; in consultation, it can ignore Parliament's opinion
• What is the consequence of failing to consult the European Parliament?

  It may lead to annulment of the act
• What is the significance of the term 'legally binding' in EU law?

  It means obligations that must be followed
• What is the role of the European institutions in creating recommendations?

  To suggest actions without imposing obligations
• How do the roles of the European Parliament and the Council differ in the legislative process?

  The Parliament can accept/reject; the Council must obtain consent
• What is the importance of the Charter of Fundamental Rights in EU law?

  It protects fundamental rights within the EU
• What is the function of the protocols and annexes to the treaties?

  They provide additional legal context
• What does 'transposition' mean in the context of EU directives?

  It means incorporating directives into national law
• How does the binding nature of regulations affect member states?

  Member states must comply without opting out
• What is the significance of the term 'general principles of EU law'?

  They guide the interpretation and application of EU law
• What is the role of the Court of Justice of the European Union (CJEU) in EU law?

  It interprets and enforces EU law