Question 1

What is the difference between the TEU and the TFEU in the hierarchy of EU law?

Accepted Answer

The Treaty on European Union (TEU) acts as the constitutional foundation, outlining the Union's values, broad objectives, and the general roles of the institutions. In contrast, the Treaty on the Functioning of the European Union (TFEU) serves as the detailed operational manual. It specifies the 85 legal bases for the Ordinary Legislative Procedure, defines policy areas, and dictates the mechanics of how the EU functions and exercises its conferred powers.

Question 2

How does the "Double Majority" rule work under Qualified Majority Voting (QMV)?

Accepted Answer

To pass a law in the Council under the standard QMV rule, a proposal must satisfy two specific thresholds: it needs the support of at least 55% of Member States (currently 15 out of 27) and those states must represent at least 65% of the total EU population. To block a proposal, a "blocking minority" must include at least four Member States representing more than 35% of the EU population, a rule designed to prevent a few large countries from stopping legislation alone.

Question 3

What distinguishes a Delegated Act from an Implementing Act?

Accepted Answer

A Delegated Act, under Article 290 of the TFEU, allows the Commission to supplement or amend non-essential elements of a legislative act, with the Parliament and Council retaining strong veto powers. An Implementing Act, under Article 291, is used when uniform conditions are needed to execute existing law across all Member States. The oversight for Implementing Acts is handled through "Comitology" committees consisting of national experts rather than direct parliamentary vetoes.

Question 4

How do the principles of Subsidiarity and Proportionality function as legal filters?

Accepted Answer

Subsidiarity is the "level of action" filter, ensuring the EU only acts in non-exclusive areas if an objective cannot be sufficiently achieved by Member States but can be better achieved at the Union level. Proportionality is the "intensity" filter, requiring that the form and content of EU action do not exceed what is necessary to achieve treaty objectives. National parliaments monitor these principles through an "Early Warning System," using "Yellow" or "Orange" cards to challenge proposals they believe overstep these boundaries.

Question 5

What are the different roles of the European Council versus the Council of the European Union?

Accepted Answer

The European Council consists of Heads of State or Government and is responsible for setting the EU's overall political direction and strategic priorities; it does not pass laws. The Council of the European Union (often just "the Council") consists of national ministers who act as co-legislators alongside the European Parliament. While the European Council provides the "vision," the Council of the EU handles the actual negotiation and adoption of specific legislation.

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