Legal acts in the EU Constituition

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Legal acts in the EU Constituition

• Anastasia Bachurina

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The constitutional treaty as signed in Rome on 29
October 2004 by representatives of the EU member
states

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Among the founding principles

• Instruments are 6
• Popular legislative initiative is introduced.

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Legislative acts in most cases the ordinary
legislative procedure

• a European law (corresponds to regulation)
• is directly applicable in all Member States.

• a European framework law
• for the Member States to choose the measures to
  achieve the results within a time limit

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Non-legislative acts -

• European regulations (delegated European
  regulations, implementing regulations)
• For the implementation
• -of legislative acts
• -of specific provisions of the Constitution
• Binding
• -in their entirety or
• -as regard the result to be achieved

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Non-legislative acts

• a European decision
• -addressed to specified recipients
• -a general decision
• Recommendations and
• Opinions, no binding force. Recommendations also
  by the Council.

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• Signature, publication and entry into force
  identical to the EC Treaty
• In line with the equivalent rules in the existing
  treaties as regards
• -the grounds on which the acts are based
• -the freedom to choose the type of act when not
  stipulated
• BUT No pillar structure

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Legislative delegation and implementing acts

• The implementing powers
• -delegated European regulations
• -implementing acts as such
• The Commission, comitology, control by Member
  states

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Decision-making

• A new QMV 55 of the Member States representing
  65 of the population.
• QMV in the Council to cover around 20 existing
  and 20 new legal bases.
• The ordinary legislative procedure is to become a
  norm.
• Later further extensions of QMV and the ordinary
  legislative procedure

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• The European Parliament

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The legislative procedures

•  only codecision has been retained - the
  "ordinary legislative procedure
• it is incorporated in the terms law and
  framework law
•    which are adopted jointly by the European
  Parliament and the Council of Ministers, acting
  on a proposal from the Commission
•  a special legislative procedure in the case of a
  law or framework law of the Council or Parliament
  (the former consultation, cooperation and assent
  procedures)

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SUMMARY TABLE
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