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Legal acts in the EU Constituition . Anastasia Bachurina. The constitutional treaty as signed in Rome on 29 October 2004 by representatives of the EU member states. Among the founding principles . Instruments are 6 Popular legislative initiative is introduced.
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Legal acts in the EU Constituition Anastasia Bachurina
The constitutional treaty as signed in Rome on 29 October2004 by representatives of the EU member states
Among the founding principles • Instruments are 6 • Popular legislative initiative is introduced.
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 Legislative acts – in most cases the ordinary legislative procedure
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 entiretyor -as regard the result to be achieved
Non-legislative acts • a European decision -addressed to specified recipients -a general decision • Recommendations and • Opinions, no binding force. Recommendations also by the Council.
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
Legislative delegation and implementing acts • The implementing powers -delegated European regulations -implementing acts as such The Commission, “comitology”, control by Member states
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
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)
Articles Subject Comments I-33 The legal acts of the Union (new typology) New provisions I-34 The legislative acts Significant changes I-35 The non-legislative acts I-36 Delegated European regulations Significant changes I-37 Implementing acts I-40 Particular rules concerning CFSP Significant changes I-41 Particular rules concerning ESDP I-42 Particular rules concerning JHA SUMMARY TABLE
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