legislative procedures and competence

Principle of conferral

Art 5 (2) TEU

Union acts within limits of competences it has from Treaties, if not mentioned then Mass have competence

representative democracy

Art 10 TEU

Art 16(8) TEU

Legislation sessions must be public

Exclusive competence

Art 3 TFEU

Only EU legislates

eg: customs union, competition rules, common commercial policy

Shared competence

Art 4 TFEU

EU and MSs may legislate

MS cannot act where EU has exercised competence

eg: internal market, environment, consumer protection

Coordinating/Supporting competence

Art 6 TFEU

EU may support, coordinate, or supplement but cannot harmonise national laws

eg: education, culture, sport

education eg: EU may promote mobility and fund but cannot harmonise

Ordinary legislative procedure (OLP) Art 294 TFEU

Commission proposes legislation and may amend (Art 17 (2)) → European Parliament first reading, amendments; second reading approve, amend, reject, can veto legislation → Council represents MSs and vote by qualified majority, must agree text with Parliament → if needed, Conciliation Committee equally represents Council & Parliament to agree on joint text

Regulations

Art 288 TFEU

generally apply and bind entirely

directly applicable in MSs

eg: 492/2011 on free movement of workers Art 46 TFEU

Directives

Bind as to result of action

MSs choose form and method of enforcement

Requires transposition to national law

Decision

Binding in entirety

Addressed to specific MSs, companies, or individuals

Not generally applicable

Legislative acts

Defined in Art 289 TFEU

Adopted by ordinary and special legislative procedures

Eg: Regulation 492/2011

Non-legislative act

Not adopted by legislation procedures

Treaty Revision processes

Ordinary: Art 48

Substantive revisions that don’t increase powers: European Council decision + national ratification

Changing special legislative procedure to ordinary: European council decision + EP consent + national parliament approval