EUROPEAN UNION LEGISLATION

[Source: https://europa.eu/european-union/law_en]

1. Read the following text and then answer the questions that come after it.

TEXT 1
1 EU law is divided into 'primary' and 'secondary' legislation. The treaties (primary
2 legislation) are the basis or ground rules for all EU action. Secondary legislation – which
3 includes regulations, directives and decisions – are derived from the principles and
4 objectives set out in the treaties.

5 HOW EU DECISIONS ARE MADE

6 The EU’s standard decision-making procedure is known as ‘Ordinary Legislative

7 Procedure’ (ex "codecision"). This means that the directly elected European Parliament has
8 to approve EU legislation together with the Council (the governments of the 28 EU
9 countries).

10 Drafting EU law

11 Before the Commission proposes new initiatives it assesses the potential economic, social
12 and environmental consequences that they may have. It does this by preparing ‘Impact
13 assessments’ which set out the advantages and disadvantages of possible policy options.

14 The Commission also consults interested parties such as non-governmental organisations,

15 local authorities and representatives of industry and civil society. Groups of experts give
16 advice on technical issues. In this way, the Commission ensures that legislative proposals
17 correspond to the needs of those most concerned and avoids unnecessary red tape.

18 Citizens, businesses and organisations can participate in the consultation procedure via the
19 website “Public consultations”.

20 National parliaments can formally express their reservations if they feel that it would be
21 better to deal with an issue at national rather than EU level.

22 Review and adoption

23 The European Parliament and the Council review proposals by the Commission and
24 propose amendments. If the Council and the Parliament cannot agree upon amendments,
25 a second reading takes place.

26 In the second reading, the Parliament and Council can again propose amendments.
27 Parliament has the power to block the proposed legislation if it cannot agree with the
28 Council.

29 If the two institutions agree on amendments, the proposed legislation can be adopted. If
30 they cannot agree, a conciliation committee tries to find a solution. Both the Council and
31 the Parliament can block the legislative proposal at this final reading.

32
33 EU TREATIES

34 EU treaties

35 The European Union is based on the rule of law. This means that every action taken by the
36 EU is founded on treaties that have been approved voluntarily and democratically by all
37 EU member countries. For example, if a policy area is not cited in a treaty, the Commission
38 cannot propose a law in that area.

39 A treaty is a binding agreement between EU member countries. It sets out EU objectives,

40 rules for EU institutions, how decisions are made and the relationship between the EU and
41 its member countries.

42 Treaties are amended to make the EU more efficient and transparent, to prepare for new
43 member countries and to introduce new areas of cooperation – such as the single currency.

44 Under the treaties, EU institutions can adopt legislation, which the member countries then
45 implement. The complete texts of treaties, legislation, case law and legislative proposals
46 can be viewed using the EUR-LEX database of EU law.

47 The main treaties are:

48 Treaty of Lisbon (2007)
49 Treaty of Nice (2003)
50 Treaty of Amsterdam (1997)
51 Treaty on European Union - Maastricht Treaty (1992)
52 Single European Act (1986)
53 Merger Treaty - Brussels Treaty (1965)
54 Treaties of Rome: EEC and EURATOM treaties (1957)
55 Treaty establishing the European Coal and Steel Community (1957)

56 When new countries joined the EU, the founding treaties were amended:

57 • 1973 (Denmark, Ireland, United Kingdom)

58 • 1981 (Greece)
59 • 1986 (Spain, Portugal)
60 • 1995 (Austria, Finland, Sweden)
61 • 2004 (Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland,
62 Slovakia, Slovenia)
63 • 2007 (Bulgaria, Romania)
64 • 2013 (Croatia).

65 The aims set out in the EU treaties are achieved by several types of legal act. Some are
66 binding, others are not. Some apply to all EU countries, others to just a few.
QUESTIONS

1. How many types of EU legislation are there?

2. What do those types consist of?

3. What was the former name for “Ordinary Legislative Procedure” and what type of
decision-making procedure is it?

4. What bodies have to approve EU legislation in a standard procedure?

5. What are “impact assessments”?

6 How does the Commission ensure that legislative proposals correspond to the needs of
those most concerned?

7. What can national parliaments do if they feel that it would be better to deal with an issue
at national rather than EU level?

8. Who reviews proposals by the Commission and proposes amendments?

9. What power does Parliament have in the second reading of proposed legislation if it
cannot agree with the Council?

10. What happens if the Parliament and the Council do not agree on amendments to the
proposed legislation?

11. What powers do the Parliament and the Council have at the final reading?

12. What is, in general terms, the rule of law and how does it apply specifically to the EU?

13. What is the nature of a treaty?

14. Name three main treaties of the EU that you remember.

15. When did Spain join the EU?

16. Which is the country that joined the EU last?

17. Name 3 countries that joined the EU in 2004.

 2. Read the following text and then answer the questions that come after it.

[Source: https://ec.europa.eu/info/law/law-making-process/types-eu-law_en]

Read the text and then choose the correct answer for each of the questions that
come after it:

TEXT 2
1 TYPES OF EU LAW

2 EU law and its application

3 • regulations and decisions become binding automatically throughout the EU on the

4 date they enter into force;
5 • directives must be incorporated by EU countries into their national legislation.

6 Regulations

7 A "regulation" is a binding legislative act. It must be applied in its entirety across the EU. For
8 example, when the EU wanted to make sure that there are common safeguards on good
9 imported from outside the EU, the Council adopted a regulation.

10 Directives

11 A "directive" is a legislative act that sets out a goal that all EU countries must achieve.
12 However, it is up to the individual countries to devise their own laws on how to reach these
13 goals. One example is the EU consumer rights directive, which strengthens rights for
14 consumers across the EU, for example by eliminating hidden charges and costs on the
15 internet, and extending the period under which consumers can withdraw from a sales
16 contract.

17 Each directive contains a deadline by which EU countries must incorporate its provisions
18 into their national legislation and inform the Commission to that effect.

19 Decisions

20 A "decision" is binding on those to whom it is addressed (e.g. an EU country or an individual

21 company) and is directly applicable. For example, the Commission issued a decision on the
22 EU participating in the work of various counter-terrorism organisations. The decision related
23 to these organisations only.

24 Recommendations

25 A "recommendation" is not binding. When the Commission issued a recommendation that

26 EU countries' law authorities improve their use of videoconferencing to help judicial services
27 work better across borders, this did not have any legal consequences. A recommendation
28 allows the institutions to make their views known and to suggest a line of action without
29 imposing any legal obligation on those to whom it is addressed.

30
31 Opinions

32 An "opinion" is an instrument that allows the institutions to make a statement in a non-

33 binding fashion, in other words without imposing any legal obligation on those to whom it is
34 addressed. An opinion is not binding. It can be issued by the main EU institutions
35 (Commission, Council, Parliament), the Committee of the Regions and the European
36 Economic and Social Committee. While laws are being made, the committees give opinions
37 from their specific regional or economic and social viewpoint. For example, the Committee of
38 the Regions issued an opinion on the clean air policy package for Europe.

39 Commission monitors

40 The Commission is responsible for making sure that all EU countries properly apply EU law.
41 In this role, the Commission is referred to as the ‘guardian of the treaties’.

42 The Commission will take steps if an EU country:

43 • does not fully incorporate a directive into its national law by the set deadline
44 • might not have applied EU law correctly

45 When countries fail to apply EU law

46 If national authorities fail to properly implement EU laws, the Commission may start formal
47 infringement proceedings against the country in question. If the issue is still not settled, the
48 Commission may eventually refer the case to the European Court of Justice.
QUESTIONS
1. Choose the correct option:

a. Directives are automatically binding.

b. Directives are advisory.
c. Directives must be incorporated by EU countries into their national legislation.

2. Choose the correct option for each gap:

A "regulation" is a (1) binding legislative act. It must be applied in its (2) __________
across the EU. For example, when the EU wanted to make sure that there are common (3)
__________ on good imported from outside the EU, the Council (4) __________ a
regulation.

(1) a. compulsory b. persuasive c. optional d. binding

(2) a. entirety b. completeness c. fullness d. totality

(3) a. securities b. safeguards c. guarantees d. assurances

(4) a. established b. adopted c. endorsed d. took on

3. Choose the correct option:

a. Directives are optional.

b. Directives are advisory.
c. Directives must be incorporated by EU countries into their national legislation.

4. Insert the missing word:

• regulations and decisions become (1) ____________ automatically throughout the

EU on the date they enter into (2) ____________;
• directives must be (3) __________ by EU countries into their national legislation. A
"directive" is a legislative (4) _________ that sets out a goal that all EU countries
must achieve. However, it is up to the individual countries to devise their own (5)
_________ on how to reach these goals.
5. Insert the missing preposition:

A "decision" is binding (1) __________ those to whom it is addressed (e.g. an EU country

or an individual company) and is directly applicable. For example, the Commission issued a
decision (2) __________ the EU participating (3) __________ the work of various
counter-terrorism organisations. The decision related (4) __________ these organisations
only.

A "recommendation" is not binding. When the Commission issued a recommendation that

EU countries' law authorities improve their use of videoconferencing to help judicial services
(5) ___________ work better across borders, this did not have any legal consequences. A
recommendation allows the institutions (6) ___________ make their views known and (7)
__________ suggest a line of action without imposing any legal obligation on those (8)
__________ whom it is addressed.
An "opinion" is an instrument that allows the institutions to make a statement (9)
____________ a non-binding fashion, in other words without imposing any legal
obligation on those to whom it is addressed. An opinion is not binding. It can be issued (10)
___________ the main EU institutions.

6. Choose the correct answer:

Commission monitors

The Commission is responsible (1) __________ sure that all EU countries properly apply
EU law. In this role, the Commission is referred (2) ________ the ‘guardian of the treaties’.

(1) a. of being b. to be c. of doing d. for making

(2) a. to as b. to like c. at as d. as like

The Commission will take (3) _________ if an EU country:

• does not fully incorporate a directive (4) ________ its national law by the (5) set
deadline
• might not have applied EU law correctly

(3) a. procedures b. steps c. proceedings d. actions

(4) a. at b. inside c. into d. in

(5) a. set b. fixed c. established d. definite

When countries fail to apply EU law

If national authorities fail to properly implement EU laws, the Commission may start formal
(6) _______________ against the country in question. If the issue is still not (7)
__________, the Commission may eventually (8) ___________ the case to the European
Court of Justice.

(6) a. breach procedures

b. a fault process

c. a nonobservance action

d. infringement proceedings

(7) a. arranged b. established c. settled d. concluded

(8) a. direct b. refer c. transfer d. transmit

ANSWER KEY TO TEXT 1
1. How many types of EU legislation are there?

There are two types: primary and secondary.

2. What do those types consist of?

Primary legislation includes Treaties and secondary legislation includes regulations,

directives and decisions.

3. What was the former name for “Ordinary Legislative Procedure” and what type of
decision-making procedure is it?

Co-decision; it is a standard decision-making procedure.

4. What bodies have to approve EU legislation in a standard procedure?

The European Parliament together with the Council.

5. What are “impact assessments”?

‘Impact assessments’ are made by the Commission and set out the advantages and
disadvantages of possible policy options.

6 How does the Commission ensure that legislative proposals correspond to the needs of
those most concerned?

It consults interested parties such as non-governmental organisations, local authorities

and representatives of industry and civil society as well as groups of experts, who give
advice on technical issues.

7. What can national parliaments do if they feel that it would be better to deal with an issue
at national rather than EU level?

They can formally express their reservations.

8. Who reviews proposals by the Commission and proposes amendments?

The European Parliament and the Council.

9. What power does Parliament have in the second reading of proposed legislation if it
cannot agree with the Council?

It has the power to block the proposed legislation.

10. What happens if the Parliament and the Council do not agree on amendments to the
proposed legislation?

A conciliation committee tries to find a solution.

11. What powers do the Parliament and the Council have at the final reading?

They can both block the legislative proposal.

12. What is, in general terms, the rule of law and how does it apply specifically to the EU?

According to the United Nations (https://www.un.org/ruleoflaw/what-is-the-rule-of-

law/), the rule of law is “a principle of governance in which all persons, institutions and
entities, public and private, including the State itself, are accountable to laws that are
publicly promulgated, equally enforced and independently adjudicated, and which are
consistent with international human rights norms and standards. It requires, as well,
measures to ensure adherence to the principles of supremacy of law, equality before the
law, accountability to the law, fairness in the application of the law, separation of
powers, participation in decision-making, legal certainty, avoidance of arbitrariness and
procedural and legal transparency.”

In the EU it means that every action taken by the EU is founded on treaties that have
been approved voluntarily and democratically by all EU member countries.

13. What is the nature of a treaty?

It is binding.

14. Name three main treaties of the EU that you remember.

Treaty of Lisbon (2007)

Treaty of Nice (2003)

Treaty of Amsterdam (1997)

Treaty on European Union - Maastricht Treaty (1992)

Single European Act (1986)

Merger Treaty - Brussels Treaty (1965)

Treaties of Rome: EEC and EURATOM treaties (1957)

Treaty establishing the European Coal and Steel Community (1957)

15. When did Spain join the EU?

In 1986.

16. Which is the country that joined the EU last?

Croatia.

17. Name 3 countries that joined the EU in 2004.

Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia,
Slovenia.
ANSWER KEY TO QUESTIONS ON TEXT 2
1. c

2.

(1) d; (2) a; (3) b; (4) b.

3. c

4.

(1) binding; (2) force; (3) incorporated; (4) act; (5) laws.

5.

(1) on; (2) on; (3) in; (4) to; (5) Ø; (6) to; (7) to; (8) to; (9) in; (10) by.

6. Choose the correct answer:

(1) d; (2) a; (3) b; (4) c; (5) a; (6) d; (7) c; (8) b; (9) in; (10) by.