Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
15 Cards in this Set
- Front
- Back
|
What sources are not legally binding?
|
Recommendations and Opinions
|
|
|
What are regulations and to whom do they apply?
|
Regulations have a general application...binding in its entirety - Article 288
Apply to all governments, institutions and individuals without the need for any national implementing legislation |
|
|
Whom are Directives addressed to?
|
Individual Member States
|
|
|
What is the present position in terms of protection of Fundamental Rights within in the EU?
|
Achieved through the EU Charter of Fundamental Rights
Given legal effect by Treaty of Lisbon Now had the same legal status as Treaties |
|
|
What is 'Legal Certainty'?
|
'Legal Certainty' incorporates the requirement that the distinction between what is lawful and unlawful should be reasonably clear
|
|
|
What is 'non-retro-activity'?
|
'Non-retro-activity' dictates that law should not impose penalties retroactively
|
|
|
What is 'Legitimate Expectation'?
|
This requires that the law must not breach the legitimate expectations of those who are affected by it
|
|
|
What must the EU do under the principle of conferral?
|
Act only within limits of competence conferred upon by its Member States - Article 5 TEU
May only act within powers - Article 13 TEU |
|
|
What, according to Article 3, is the Union's aim?
|
To promote peace, its values and the well-being of its peoples
|
|
|
Which two principles govern the manner in which competence is divided between the institutions and Member States?
|
Subsidiarity and Proportionality
|
|
|
What is the 'legal base' of a particular legislative measure?
|
The Treaty Article conferring power to legislate in the relevant policy area
|
|
|
What is the 'Consultation Procedure'?
|
When only Parliament needs to be consulted before the Council adopts a measure
N.B - Opinion is not essential |
|
|
What is co-decision and what introduced it?
|
Entails 2 readings of proposed legislation
1) Parliament opines to Council with amendments IF NOT APPROVED GO TO 2 2) Parliament considers Council's common position N.B must be accepted by Parliament |
|
|
What is the most widely used procedure?
|
Co-decision
|
|
|
When is the consultation procedure still used?
|
Indirect Tax Harmonisation
|
