Cast Law

9. [Treaty of Maastricht] Entry into force?

1993 (signed on 7 February 1992, entered into force on 1 November 1993).

2.b. [Political and Security Committee] Composition?

Composition: The PSC is composed of member states' ambassadors based in Brussels and is chaired by the representatives from the European External Action Service, under the responsibility of the Council and the High Representative. It meets twice a week, and more often if necessary. Legal Basis: Art. 38 TEU.

20. [European Council President] Mandate? Term of office?

Legal Basis: Article 15 TEU. The European Council elects its President by qualified majority for 2.5 year term, which is renewable once.The position of President of the European Council became a permanent and full-time role following the entry into force of the Treaty of Lisbon in 2009. Previously, the European Council had been an informal body and the head of the European Council was an unofficial position. The role was held by the head of state or government of the member state holding the rotating Presidency of the Council of the EU. Mandate: The President of the European Council shall chair it and drive forward its work, shall ensure the preparation and continuity of the work of the European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council, shall endeavour to facilitate cohesion and consensus within the European Council, shall present a report to the European Parliament after each of the meetings of the European Council.

21. [European Council] Composition?

Legal Basis: Article 15 TEU. The members of the European Council are the heads of state or government of the 27 EU member states, the European Council President (Charles Michel) and the President of the European Commission. The High Representative of the Union for Foreign Affairs and Security Policy also takes part in European Council meetings when foreign affairs issues are discussed. Other people, such as the President of the European Central Bank, may be invited to attend meetings, depending on the issues being discussed. Established in 1961, informally. First full-time president: Herman Van Rompuy, appointed in November 2009 (until then, there was a rotating system). After Van Rompuy, Donald Tusk (December 2014-November 2019). Charles Michel is the 3rd full-time president.

38. [Cross-border Justice] What is not included in the TFEU regarding cross-border justice? Cross-border litigation, By what is access to cross-border justice facilitated? What is the European E-Justice Portal? What is the EU Justice Scoreboard? When was it adopted?

Legal basis: Article 81 TFEU, Protocols no. 21 and 22. In civil matters having cross-border implications, the European Union is developing judicial cooperation, building bridges between the different legal systems. The main tools for facilitating access to cross-border justice are (1) the principle of mutual recognition, based on mutual trust between Member States, and (2) direct judicial cooperation between national courts. In order to improve access to justice in cross-border disputes, the Council adopted Directive 2003/8/EC establishing minimum common rules relating to legal aid for such disputes. The purpose of the directive is to guarantee an 'adequate' level of legal aid in cross-border disputes for persons who lack sufficient resources. In order to make access to justice easier and more effective for European citizens and businesses, the European Union has introduced common procedural rules for simplified and accelerated cross-border litigation on small claims and the cross-border recovery of uncontested pecuniary claims throughout the European Union. Another tool for simplifying judicial cooperation in civil matters consists of the (3) development of the use of information and communication technologies in the administration of justice. This project was launched in June 2007 and led to a European e-Justice Strategy. The e-Justice tools cover: (a) the European e-Justice Portal, which aims to facilitate access by citizens and enterprises to justice in Europe; the interconnection of criminal records at European level; better use of videoconferencing during judicial proceedings; innovative translation tools such as automated translation; dynamic online forms; and a European database of legal translators and interpreters. The Portal is conceived as a future electronic one stop-shop in the area of justice. It provides information on justice systems and improves access to justice throughout the EU. It helps people, businesses, lawyers and judges to find answers to legal questions. Available in 23 languages. (b) The Commission's yearly EU Justice Scoreboard. This is an information tool aiming to assist the EU and the Member States in achieving more effective justice by providing objective, reliable and comparable data on the quality, independence and efficiency of justice systems in all Member States. Such data is essential to support reforms in national justice systems. The EU Justice Scoreboard provides comparable data on the independence, quality, and efficiency of national justice systems. It is an information tool that helps the EU achieve more effective justice. The scoreboard mainly focuses on civil, commercial and administrative cases to pave the way for a more investment, business and citizen-friendly environment. Results are published annually. The Commission is deepening its monitoring of the situation of the rule of law in all Member States through a new European Rule of Law Mechanism. The 2020 edition of the Justice Scoreboard will feed into the Commission's first annual Rule of Law Report, which is due to be published later this year. Determination of the competent court; recognition and enforcement of judgments and of decisions in extrajudicial cases: The main instrument in this area is Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ('Brussels I Regulation'). This regulation seeks to harmonise the rules of conflict of jurisdiction within the Member States and to simplify and expedite the recognition and enforcement of decisions in civil and commercial matters.

52. [Eurozone] Which MS joined the eurozone in 2015

Lithuania (and before that Latvia in 2014 and Estonia in 2011)

28. [Costa v ENEL]

Primacy of Union Law to national law. 1964. A conflict between some Treaty provisions and an Italian statute nationalising an electricity company. EU Law supremacy over national law encourages effectiveness of EU Law and it is not possible that MS derogate from EU law by enacting conflicting domestic provisions.

58. [Data Protection] Art. 16 TFEU and Data protection, What does the regulation on data protection cover? Choose the best fitting description for the Data protection regulation. Scope regarding institutions.

Regulation (EU) 2016/679 Scope: protection of natural persons with regard to the processing of personal data and the free movement of such data. The Regulation does not apply to the processing of personal data: (a) in the course of an activity which falls outside the scope of Union law; (b) by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU; (i.e. Specific provisions on the common foreign and security policy); (c) by a natural person in the course of a purely personal or household activity; (d) by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. Article 16. Right of rectification: The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. Regulation (EU) 2018/1725 applies regarding the processing of data by EU institutions (repealing Regulation (EC) 45/2001).

12. [Lisbon Treaty] Entry into force?

1 December 2009 (signed on 13 December 2007).

40. [Article 50 TFEU] Withdrawal from the EU

1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements. 2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament. 3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period. 4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it. A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union. 5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49. Brexit: March 2017: UK notified the European Council of its intention to leave the EU in accordance with Article 50 TEU. October 2019: Withdrawal Agreement. 1 February 2020: entry into force of the Withdrawal Agreement (UK formally leaves on 31 January 2020 at midnight). From February 2020 until 31 December 2020: transition period.

65. [Framework Decisions]

A framework decision was a kind of legislative act of the European Union used exclusively within the EU's competences in police and judicial co-operation in criminal justice matters. Framework decisions were similar to directives in that they required member states to achieve particular results without dictating the means of achieving that result. However unlike directives, framework decisions were not capable of direct effect, they were only subject to the optional jurisdiction of the European Court of Justice and enforcement proceedings could not be taken by the European Commission for any failure to transpose a framework decision into domestic law. Framework decisions were created in the Amsterdam Treaty and replaced joint actions which were legal instruments available under the Maastricht Treaty. The Lisbon Treaty abolished framework decisions and the EU can now enact directives and regulations in the area of criminal justice by means of the ordinary legislative procedure. 66. one question on whether the Council (and under what majority voting) can force the EC to prepare and send to it a proposal [asked in Feb. 2021]*

54. CJEU Case C-304/13

APIA v. Romanian Court of Auditors.

14. [Exclusive competences of the EU] Which one is not an exclusive competence?

According to Art. 3(1) TFEU: a. Customs Union. b. Establish the competition rules necessary for the functioning of the internal market. c. Monetary policy (for Member States with euro as currency). d. Conservation of marine biological resources under the common fisheries policy. e. Common commercial policy. In addition, Art. 3(2) TFEU: Conclusion of an international agreement (when the conclusion is provided for in a legislative act of the Union or it is necessary to enable the Union to exercise its internal competence, or in so far as its conclusion may affect common rules of alter their scope).

15. [Shared competences]

According to Art. 4 TFEU: a. Internal Market. b. Social Policy. c. Economic, Social & Territorial Cohesion. d. Agriculture & Fisheries (except conservation of marine biological resources). e. Environment. f. Consumer Protection. g. Transport. h. Trans-European networks. i. Energy. j. Area of Freedom, Security & Justice. k. Common Safety concerns in Public Health Matters. * Research, technological development & space, development cooperation & humanitarian aid: MS are not prevented from exercising their competence despite the EU having exercised its competence (general rule for shared competences, both the EU and its Member States may adopt legally binding acts in the area concerned. However, the Member States can do so only where the EU has not exercised its competence or has explicitly ceased to do so).

56. [Copyright] What is excluded from the scope of Directive 2001/29/EC on the harmonisation of certain aspects of copyrights? Which of the options most accurately describe what did not change with Directive 2001/29/EC on copyright? (note: The three options were containing something like television broadcast, databases, etc. Each of the options had some elements, one had included all the elements from the previous options)

According to Article 1(2) of the Directive, it 'shall in no way affect existing Community provisions relating to: (a) the legal protection of computer programs; (b) rental right, lending right and certain rights related to copyright in the field of intellectual property; (c) copyright and related rights applicable to broadcasting of programmes by satellite and cable retransmission; (d) the term of protection of copyright and certain related rights; (e) the legal protection of databases. Directive 2001/29 was amended by Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (but Directive 2001/29 is still in force).

19. [Failure to act] Action for failure to act?

Action against an EU institution for failure to act under Art. 265 TFEU: "Should the European Parliament, the European Council, the Council, the Commission or the European Central Bank, in infringement of the Treaties, fail to act, the Member States and the other institutions of the Union may bring an action before the Court of Justice of the European Union to have the infringement established. This Article shall apply, under the same conditions, to bodies, offices and agencies of the Union which fail to act. The action shall be admissible only if the institution, body, office or agency concerned has first been called upon to act. If, within two months of being so called upon, the institution, body, office or agency concerned has not defined its position, the action may be brought within a further period of two months. Any natural or legal person may, under the conditions laid down in the preceding paragraphs, complain to the Court that an institution, body, office or agency of the Union has failed to address to that person any act other than a recommendation or an opinion." MS, other EU institutions or, when directly affected, individuals or companies can complain to the CJEU.

18. [Kyoto Protocol] Which document aims to reduce GHG emissions?

Adopted on 11 December 1997 and entered into force on 16 February 2005. It is a Protocol to the United Nations Framework Convention on Climate Change (UNFCCC). The signatories committed to reducing their greenhouse gases emissions. To bridge the gap between the end of the 1st Kyoto period in 2012 and the start of the new global agreement in 2020, an amendment to the Kyoto Protocol was adopted at the Doha (Qatar) climate change conference in December 2012. Parties agreed to reduce greenhouse gas (GHG) emissions by at least 18% below 1990 levels in the 2013-2020 period. The EU, the EU countries and Iceland have agreed to meet a 20% reduction target to be fulfilled jointly and are on track to do so. Furthermore, the list of GHGs covered by the Protocol was extended. Under the Protocol, parties must meet their targets primarily through national measures. However, the Protocol also offers them additional means to meet their targets by way of 3 market-based mechanisms. The Kyoto mechanisms are emissions trading between parties which signed the Protocol, joint implementation of projects by these parties, and the clean development mechanism (with parties which did not sign the Protocol). Under the Protocol, parties' actual emissions are monitored and precise records are kept of the trades carried out. Other environmental texts. Paris agreement: objective is limiting global temperature increase to well below 2 degrees, while pursuing efforts to limit the increase to 1.5 degrees. European Green Deal: Commission proposal: first climate neutral continent by 2050 (no net greenhouse gases emissions); cut emissions by at least 55% by 2030 (compared to 1990 levels), included in the proposal for a new European Climate Law.

39. [Bioethics] What is bioethics?

Advances in biological and medical research and developments in technology that raise ethical issues that affect the individual and protection of the individual's rights and dignity (genetics, transplantation, biobanks, emerging technologies, etc). Bioethics is primarily a multidisciplinary, pluralist study of sciences and technologies in the biomedical field, which must take account of their constantly changing nature. Also from wikipedia: Bioethics is the study of the ethical issues emerging from advances in biology and medicine. It is also moral discernment as it relates to medical policy and practice.

42. [Affiliated Entities/ FR] What is an affiliated entity under the Financial Regulation? According to the FR, who cannot be affiliated to a grant agreement?

Affiliated entities are legal entities which have a specific relationship with a beneficiary. On that basis, they can incur eligible costs for the action covered by the grant under certain conditions. According to Article 187, the following entities shall be considered as entities affiliated to the beneficiary: 1. Entities forming the sole beneficiary 2. Entities that satisfy the eligibility criteria, do not fall within one of the situations referred to in Articles 136(1) and 141(1), and have a legal or capital link with the beneficiary, which is neither limited to the action nor established for the sole purpose of its implementation. Where several entities satisfy the criteria for being awarded a grant and together form one entity, that entity may be treated as the sole beneficiary, including where the entity is specifically established for the purpose of implementing the action to be financed by the grant. Normally associated partners cannot be affiliated entities. Therefore, they may not charge contributions to the action (no lump sum contributions) and the costs for their tasks are not eligible.

13.a. [MFF & Annual Budget] Who adopts the Multiannual Financial Framework?

An MFF must ensure that the Union's expenditure develops in an orderly manner and within the limits of its own resources, and sets out provisions with which the annual budget of the Union must comply, thus laying down the cornerstone of financial discipline. Most notably, the MFF Regulation sets expenditure ceilings for broad categories of spending called headings. The General Affairs Council is responsible for the work on the MFF package and prepares the so-called negotiating box. The draft negotiating box brings together those elements which are most likely to require political direction and priority-setting from EU leaders. The aim is to facilitate the preparation of draft European Council conclusions on the MFF, which are tabled by the President of the European Council. In the European Council, EU leaders provide political guidance on the main features of the long-term budget. This enables the Council to reach its position. In other words the EU Member States in the European Council agree to finalise the adoption of the MFF Regulation at the level of the Council. The MFF regulation is adopted under a special legislative procedure: • unanimity is required to secure a deal in the Council (unless the European Council unanimously authorises the Council to act by QMV). • the consent of the European Parliament is required to conclude the decision-making process. The Parliament may approve or reject the Council's position but it may not make amendments to it. Legal basis: Article 312 TFEU. It has to be established for a period of at least five years. The Treaty of Lisbon transformed the MFF from an interinstitutional agreement into a legally binding act. Current (new) MFF: May 2018 Legislative proposal by the Commission; May 2020 Updated proposal with a recovery instrument due to COVID-19 (Next Generation EU). July 2020, EU Council endorses. November 2020, EP consents. Finally adopted on 17 December 2020. In total (with Next Generation EU), 1.8 trillion EUR. Key issues: Involvement: Commission, Council and Parliament Adoption: The Council, acting in accordance with a special legislative procedure, shall adopt a regulation laying down the multiannual financial framework. The Council shall act unanimously after obtaining the consent of the European Parliament, which shall be given by a majority of its component members. European Semester: On 7 September 2010, the Economic and Financial Affairs Council approved the introduction of the 'European Semester', a cycle of economic policy coordination at EU level with the aim of achieving the Europe 2020 targets. This is a six-month period every year during which the Member States' budgetary and structural policies are to be reviewed in order to detect any inconsistencies and emerging imbalances.

13.b [MFF & Annual Budget] Who adopts the Annual Budget?

Annual Budget: 1) The Commission draws up the draft budget and forwards it to the Council and Parliament by 1 September at the latest (under Article 314(2) TFEU, but by the end of April or beginning of May according to the pragmatic timetable). The Commission may modify the draft budget at a later stage to take account of new developments, but no later than the point at which the Conciliation Committee (see below) is convened. 2) The Council adopts its position on the draft budget and forwards it to Parliament by 1 October at the latest (under Article 314(3) TFEU, but by the end of July according to the pragmatic timetable). The Council must inform Parliament in full of the reasons which have led it to adopt its position. 3) Parliament has 42 days in which to react. Within that period, it may either approve the Council's position or decline to take a decision, in which case the budget is deemed finally adopted, or else Parliament can adopt amendments by a majority of its component members, in which case the amended draft is referred back to the Council and to the Commission. The President of Parliament, in agreement with the President of the Council, must then immediately convene a meeting of the Conciliation Committee. 4) From the day on which it is convened, the Conciliation Committee (composed of the representatives of the members of the Council and an equal number of representatives of Parliament) has 21 days to agree on a joint text. To do so, it must take its decision by a qualified majority of the members of the Council or their representatives and by a majority of the representatives of Parliament. The Commission takes part in the Conciliation Committee's proceedings and takes all the necessary initiatives to seek to reconcile the positions of Parliament and the Council. Should the Conciliation Committee fail to find an agreement on a joint text within the 21 days referred to above, a new draft budget must be submitted by the Commission. If the Conciliation Committee does agree on a joint text within the deadline, then Parliament and the Council have 14 days from the date of that agreement in which to approve the joint text.

27. [Basic Act] What is not a basic act (list of 4 documents)? Definition of basic act within the Financial Regulation?

Art. 2 FR: It means a legal act, other than a recommendation or an opinion, which provides a legal basis for an action and for the implementation of the corresponding expenditure entered in the budget or of the budgetary guarantee or financial assistance backed by the budget. It may take any of the following forms: (a) in implementation of the Treaty on the Functioning of the European Union (TFEU) and the Treaty establishing the European Atomic Energy Community (the Euratom Treaty), the form of a regulation, a directive or a decision within the meaning of Article 288 TFEU; or (b) in implementation of Title V of the Treaty on European Union (TEU), one of the forms specified in Articles 28(1) and 31(2), Article 33, and Articles 42(4) and 43(2) TEU;

34. [Justice Commissioner] According to the Nice treaty who is the next Justice Commissioner? Check Articles 20, 21. 4 options (3 options were sets of two countries and one "none of them").

Article 4 of the Treaty of Nice 2. When the Union consists of 27 Member States, Article 213(1) of the Treaty establishing the European Community and Article 126(1) of the Treaty establishing the European Atomic Energy Community shall be replaced by the following: "1. The Members of the Commission shall be chosen on the grounds of their general competence and their independence shall be beyond doubt. The number of Members of the Commission shall be less than the number of Member States. The Members of the Commission shall be chosen according to a rotation system based on the principle of equality, the implementing arrangements for which shall be adopted by the Council, acting unanimously. The number of Members of the Commission shall be set by the Council, acting unanimously." This amendment shall apply as from the date on which the first Commission following the date of accession of the twenty-seventh Member State of the Union takes up its duties. As from the first Commission which will be appointed once the Union reaches 27 Member States, there will be fewer Commissioners than there are Member States. The Commissioners will be selected by a system of rotation that will be fair to all countries. In concrete terms, once the accession treaty for the twenty-seventh Member State has been signed, the Council will have to take a unanimous decision: on the exact number of Commissioners; on the arrangements for a fair system of rotation, bearing in mind that all Member States will be treated on an equal footing and that each Commission must satisfactorily reflect the different demographic and geographic characteristics of the Member States. The question of a reduction in the size of the European Commission after enlargement was resolved to a degree — the Treaty providing that once the number of Member States reached 27, the number of Commissioners appointed in the subsequent Commission would be reduced by the Council to below 27, but without actually specifying the target of that reduction. As a transitional measure it specified that after 1 January 2005, Germany, France, the United Kingdom, Italy and Spain would each give up their second Commissioner. In 2009, in what was known as the 26

36. [EPPO] European Public Prosecutor's Office

Article 86 TFEU; Regulation (EU) 2017/1939. Seat in Luxembourg. Being set up at the moment (election of ECP in 2019). It is an independent and decentralised prosecution office of the European Union, with the competence to investigate, prosecute and bring to judgment crimes against the EU budget, such as fraud, corruption or serious cross-border VAT fraud. The Regulation establishing the European Public Prosecutor's Office under enhanced cooperation was adopted on 12 October 2017 and entered into force on 20 November 2017. At this stage, there are 22 participating EU countries. Currently, only national authorities can investigate and prosecute fraud against the EU budget. But their powers stop at national borders. Existing EU-bodies such as Eurojust, Europol and the EU's anti-fraud office (OLAF) lack the necessary powers to carry out criminal investigations and prosecutions. The EPPO will be responsible for criminal investigations. OLAF will continue its administrative investigations into irregularities and fraud affecting the EU's financial interests, in all EU countries. In doing so, it will consult and coordinate closely with the EPPO. Composition: European Chief Prosecutor (Laura Codruța Kövesi -first one, Romanian, appointed on 31 October 2019 for 7 years non-renewable)

31. [Legal Service reports] When can reports from the Legal Service be disclosed to the public?

As the Legal Service is an internal service of the Commission, its documents are generally internal documents directly linked to its two main activities of providing legal advice and legal representation. Most therefore fall into one of the following categories: • opinions of the Legal Service, drawn up to give legal advice to the Commission and its services; • pleadings and other documents submitted in court cases. The Legal Service also draws up certain other Commission documents, such as codification proposals or certain communications and guidelines. Like all Commission documents, the Legal Service's documents are subject to the provisions of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents. For more information on access to Commission documents see the web site Openness and access to documents. However, it should be noted that Article 4(2) of this Regulation states by way of exception that "[t]he institutions shall refuse access to a document where disclosure would undermine the protection of: [...] court proceedings and legal advice [...] unless there is an overriding public interest in disclosure". In interpreting that exception the Commission is guided by the interpretations given by the Court in its case law on the subject.

59. [COREPER II] Which meeting/Configurations will not be organized by COREPER II?

COREPER is the committee of permanent representatives in the European Union (from French Comité des représentants permanents), made up of the head or deputy head of mission from the EU member states in Brussels. Its defined role is to prepare the agenda for the ministerial Council of the European Union meetings; it may also take some procedural decisions. It oversees and coordinates the work of some 250 committees and working parties made up of civil servants from the member states who work on issues at the technical level to be discussed later by COREPER and the Council. It is chaired by the Presidency of the Council of the European Union. There are in fact two committees: COREPER I, which consists of deputy heads of mission and deals largely with social and economic issues; COREPER II, which consists of heads of mission (Ambassador Extraordinary and Plenipotentiary) and deals largely with political, financial and foreign policy issues. It prepares the work for 4 Council configurations: economic and financial affairs; foreign affairs; general affairs; justice and home affairs.

22. [Public procurement] ECJ case? In which order do you do the commitments?

Case: Maybe one of these: https://ec.europa.eu/environment/gpp/case_law_en.htm Also check the articles uploaded in the shared drive 'Selected Court Cases of the European Court of Justice in the Field of Public Procurement' from 2007 & 'SELECTED JUDGEMENTS OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON PUBLIC PROCUREMENT (2006-2014) from 2014. The question was sth like this: 1. Francovich 2. - 3. - 4. Rush Portuguesa Ltd v Office national d'immigration. Order of commitments: 1. Budgetary 2. Legal

16. [Commissioner Retirement] Who can compulsorily retire a Commissioner? Early retirement of Commissioner?

Commissioners are personally accountable (Article 245 TFEU). They must be completely independent in the performance of their duties, in the general interest of the Union; in particular, they may neither seek nor take instructions from any government or other external body. They must not engage in any other occupation, whether gainful or not. Commissioners may be compulsorily retired (or deprived of their rights to a pension or other benefits) by the Court of Justice, at the request of the Council (acting by simple majority) or of the Commission itself, if they breach any of the above obligations or have been guilty of serious misconduct. A vacancy caused by resignation, compulsory retirement or death shall be filled for the remainder of the Member's term of office by a new Member of the same nationality appointed by the Council, by common accord with the President of the Commission, after consulting the European Parliament and in accordance with the criteria set out in the second subparagraph of Article 17(3) TEU. The Council may, acting unanimously on a proposal from the President of the Commission, decide that such a vacancy need not be filled, in particular when the remainder of the Member's term of office is short. The Commission is collectively accountable to Parliament under Article 234 TFEU. If Parliament adopts a motion of censure against the Commission (by a ⅔ majority representing a majority of the component members of the EU), all of its members are required to resign, including the High Representative of the Union for Foreign Affairs and Security Policy as far as his or her duties in the Commission are concerned.

17. [Contractual liability of the Union] Which law determines the contractual liability of the EU?

Contractual: it arises when the EU is party to a contract. An action for damages can be brought before the CJEU only if an arbitration clause so provides. This means that the contract to which the EU is party must contain a clause providing for the jurisdiction of the CJEU in the event of a dispute. In the absence of such a clause, the national courts will have jurisdiction in disputes arising from the contract. 340(1) TFEU "The contractual liability of the Union shall be governed by the law applicable to the contract in question." (that is national law by default). Non-contractual: it arises due to damage caused by the EU bodies or servants in the performance of their duties. The non-contractual liability of the EU complies with uniform rules which have been developed by the case-law of the CJEU. 3 conditions must be met: a) the claimant has suffered damage. b) the EU institutions or their agents have acted illegally under EU law. c) there is a direct causal link between the damage suffered by the claimant and the illegal act of the EU institutions or their agents. Actions may be brought by individuals or Member States. The deadline for acting is 5 years from the date on which the damage occurred. Individuals may also render MS liable in the case of damage caused by EU law being poorly applied. However, actions taken against MS must be brought before the national courts. Article 340(2) & (3) TFEU. The action for damages must be brought either against the EU as a whole (represented by one or more of the institutions) or against the European Central Bank (:the ECB is liable for its acts alone, and not the EU as a whole as is the case with other institutions). It is not limited to 'institutions' as defined in Article 13 TEU, but the European Investment Bank has also been allowed to be held liable (case C-370/89 SGEEM). To sum up, all bodies and agencies and, after Lisbon, even the European Council (which is now officially an EU institution) may be defendants in the action for damages. A relatively new defendant institution is the Court of Justice of the EU itself, which can be sued for protracted proceedings (institutionally acting as judex in causa sua, a 'judge in its own case'). If damage is caused jointly by an illegal action of the EU and one or several of its Member States, shared (concurrent) liability of both may be established.

25. [Treaty of Nice] Art 21 Transparency and sound administration

Declaration on Art 21(3) of the Treaty establishing the European Community: The Conference calls upon the institutions and bodies referred to in Article 21(3) or in Article 7 (European Parliament, Council, Commission, Court of Justice, Court of Auditors) to ensure that the reply to any written request by a citizen of the Union is made within a reasonable period.

32. [EU Delegations in third countries] Which institutions do the EU delegations in third countries represent? (EEAS, COM or just the Union)

In the past they represented only the EC, but since the Lisbon Treaty they represent the Union as a whole. Around 140 EU Delegations and Offices around the world.

51. [Executive Agencies]

EU agencies are distinct bodies from the EU institutions - separate legal entities set up to perform specific tasks under EU law. Type of agencies: a. Decentralised agencies. Decentralised agencies contribute to the implementation of EU policies. They also support cooperation between the EU and national governments by pooling technical and specialist expertise from both the EU institutions and national authorities. Decentralised agencies are set up for an indefinite period and are located across the EU. b. Agencies under Common Security and Defence Policy. Agencies have been set up to carry out very specific technical, scientific and management tasks within the framework of European Union's Common Security and Defence Policy. c. Executive agencies. Executive agencies are set up for a limited period of time by the European Commission to manage specific tasks related to EU programmes. There are 6 executive agencies: Executive Agency for Small and Medium-sized Enterprises (EASME); Education, Audiovisual and Culture Executive Agency (EACEA); Consumers, Health, Agriculture and Food Executive Agency (CHAFEA); Innovation and Networks Executive Agency (INEA); Research Executive Agency (REA); and European Research Council Executive Agency (ERC) -all of them in Brussels except CHAFEA in Luxembourg. d. EURATOM agencies and bodies. These were created to support the aims of the European Atomic Energy Community Treaty (EURATOM), which are to: coordinate national nuclear research programmes, for peaceful purposes provide knowledge, infrastructure and funding for nuclear energy ensure sufficient and secure supplies of nuclear energy. e. Other organisations. Other organisations include bodies set up as part of EU programmes and public-private partnerships between the European Commission and the industry.

1. [TTIP] TTIP concerned who? Participant countries? Who negotiates?

EU-US Negotiations were launched in 2013 and ended without conclusion at the end of 2016. A Council decision of 15 April 2019 states that the negotiating directives for the TTIP are obsolete and no longer relevant. "The United States has announced its intention to withdraw from the Paris Agreement on climate change, while the Union seeks the negotiation of deep and comprehensive free trade agreements only with Parties to that Agreement. [...] It is therefore appropriate to pursue with the United States a more limited agreement covering the elimination of tariffs on industrial products only, and excluding agricultural products."

30. [European citizens' initiative]

Established by the Treaty of Lisbon. Legal Basis: 11 TEU & 24 TFEU. The goal is to invite the Commission to put forward a proposal in any field in which it has the power to propose legislation. The practical procedures and conditions for exercising this right of initiative are laid down in Regulation (EU) No 211/2011 which entered into force in 2011. The initiative requires the backing of at least one million citizens coming from at least 7 EU countries (the Commission will decide on the registration of each initiative, the initiative must be launched at latest 6 months after the registration and signatures must gathered during the 12 months following the launch). The minimum number of signatories for each EU country is stipulated in the regulation. To launch an ECI, citizens must form a 'citizens' committee', which must comprise at least 7 EU citizens who are resident in at least 7 of the 27 EU countries.

6. [EIB - European Investment Bank] EIB establishment and seat

Established by the Treaty of Rome. Founded in Brussels in 1958, it moved its seat to Luxembourg in 1968. It is neither an EU institution, nor an advisory body. Its goal (309 TFEU) is however to contribute to the balanced and steady development of the internal market in the interest of the EU. It is the lending arm of the EU and the biggest multilateral financial institution in the world (one of the largest providers of climate finance).

35. [ECB] What is the composition of the ECB? Who can authorise the ECB to take supervision over credit institutions? Implementation of the Single Resolution Mechanism (SSM) by the ECB.

Established in 1998 (Institution since Lisbon, 2009). Frankfurt (Germany). Eurozone: 19 MS (Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovakia, Slovenia and Spain). The ECB, together with the euro area national central banks, forms the Eurosystem, which conducts monetary policy in the euro area. Its primary objective is to maintain price stability, i.e. to safeguard the value of the euro, together with banking supervision. Since 4 November 2014, the ECB has been responsible in cooperation with the national supervisors, for specific tasks relating to the prudential supervision of credit institutions within the framework of the Single Supervisory Mechanism (SSM). The new supervisory responsibilities of the ECB are matched with additional accountability requirements under the SSM Regulation. The practical modalities for this are governed by an interinstitutional agreement (IIA) between Parliament and the ECB. The accountability arrangements include the attendance of the Chair of the Supervisory Board at the competent committee, the Economic and Monetary Affairs Committee (ECON); answering questions asked by Parliament; and confidential oral discussions with the Chair and Vice-Chair of the competent committee upon request. In addition, the ECB prepares an annual supervisory report, which is presented to Parliament by the Chair of the Supervisory Board. Composition: President & 3 decision-making bodies (Governing Council, Executive Board, General Council). The Executive Board consists of the ECB President and Vice-President and 4 other members and handles the day-to-day running of the ECB. 8 years term. The General Council has more of an advisory & coordination role. It consists of the ECB President (Christine Lagarde since 2019) and Vice-President and the governors of the central banks from all EU countries. The Governing Council is the main decision-making body. It consists of the Executive Board plus the governors of the national central banks from eurozone countries. The Supervisory Board is composed of representatives from ECB and national supervisors. Appointment of the Executive Board: by the European Council through QMV for 8-year terms. Parliament must be consulted before the President, Vice-President and rest of the Executive Board of the European Central Bank (ECB) are appointed by the European Council. SSM: The single supervisory mechanism (SSM) is the first pillar of the banking union. Under the SSM, the European Central Bank (ECB) is the central prudential supervisor of financial institutions in the euro area and in non-euro EU countries that choose to join the SSM. The ECB directly supervises the largest banks, while the national supervisors continue to monitor the remaining banks. The EU has adopted a legislative package to set up the single supervisory mechanism: a. Council Regulation (EU) No 1024/2013 establishes the SSM as a system to supervise banks in the euro area and other participating EU countries. Entry into force on November 4, 2013 and SSM founded on November 4, 2014. b. Regulation (EU) No 1022/2013 aligns the existing legislation on the establishment of the European Banking Authority (EBA) to the modified framework for banking supervision.

3. [RoL] When was the Rule of law communication ("framework to strengthen the rule of law") adopted/published?

European Commission, Communication "A New EU Framework to strengthen the Rule of Law" of 19 March 2014, COM(2014) According to Article 2 TEU, the rule of law is one of the EU's fundamental values. It is the idea that both the EU itself and all EU countries are governed by a body of law (legal codes and processes) adopted by established procedures rather than discretionary or case-by-case decisions. Along with having a functional democracy and respect for human rights, including the rights of persons belonging to minorities, the rule of law is one of the political criteria (i.e. the Copenhagen criteria) that countries wishing to join the EU have to meet. Having concluded that a tool was required at EU level to deal with systemic threats to the rule of law in EU countries, the EC adopted a 'rule of law framework' in 2014. The objective of the rule of law framework is to prevent emerging threats to the rule of law to escalate to the point where the Commission has to trigger the mechanisms of Article 7 TEU. The framework establishes a 3 stage process: 1) Commission assessment; 2) Commission recommendation; 3) monitoring of the EU country's follow-up to the Commission's recommendation. Where EU law has been breached, the procedure under Article 7 of the TEU would come into play. At its most severe, an EU country's voting rights could be suspended in the event that its breach of EU values is 'serious and persistent'. Currently 2 procedures underway: Hungary and Poland.

62. [C-6/90 Francovich v Italy]

In 1991, in Francovich and Others, the Court developed another fundamental concept, the liability of a Member State to individuals for damage caused to them by a breach of Community law by that State. Since 1991, European citizens have therefore been able to bring an action for damages against a State which infringes a Community rule. 63. [Treaty changes] 1. Treaty establishing the European Coal and Steel Community (18 April 1951) Purpose: to create interdependence in coal and steel so that one country could no longer mobilise its armed forces without others knowing. This eased distrust and tensions after WWII. The ECSC treaty expired in 2002. 2. Treaties of Rome : EEC and EURATOM treaties (25 March 1957) Purpose: to set up the European Economic Community (EEC) and the European Atomic Energy Community (EURATOM). Main changes: extension of European integration to include general economic cooperation. 3. Merger Treaty - Brussels Treaty (8 April 1965) Purpose: to streamline the European institutions. Main changes: creation of a single Commission and a single Council to serve the then three European Communities (EEC, EURATOM, ECSC). Repealed by the Treaty of Amsterdam. 4. Single European Act (17 February 1986 (Luxembourg) / 28 February 1986 (The Hague) Purpose: to reform the institutions in preparation for Portugal and Spain's membership and speed up decision-making in preparation for the single market. Main changes: extension of qualified majority voting in the Council (making it harder for a single country to veto proposed legislation), creation of the cooperation and assent procedures, giving Parliament more influence. 5. Treaty on European Union - Maastricht Treaty (7 February 1992) Purpose: to prepare for European Monetary Union and introduce elements of a political union (citizenship, common foreign and internal affairs policy). Main changes: establishment of the European Union and introduction of the co-decision procedure, giving Parliament more say in decision-making. New forms of cooperation between EU governments - for example on defence and justice and home affairs. 6. Treaty of Amsterdam (2 October 1997) Purpose: To reform the EU institutions in preparation for the arrival of future member countries. Main changes: amendment, renumbering and consolidation of EU and EEC treaties. More transparent decision-making (increased use of the ordinary legislative procedure). 7. Treaty of Nice (26 February 2001) Purpose: to reform the institutions so that the EU could function efficiently after reaching 25 member countries. Main changes: methods for changing the composition of the Commission and redefining the voting system in the Council. 8. Treaty of Lisbon (13 December 2007) Purpose: to make the EU more democratic, more efficient and better able to address global problems, such as climate change, with one voice. Main changes: more power for the European Parliament, change of voting procedures in the Council, citizens' initiative, a permanent president of the European Council, a new High Representative for Foreign Affairs, a new EU diplomatic service. The Lisbon treaty clarifies which powers: - belong to the EU - belong to EU member countries - are shared.

24. [Reply to questions] How much time to reply to questions according to the Code of good administrative behaviour of the Commission?

In accordance with Article 21 Treaty establishing the European Community (Nice Treaty, 2002), members of the public who write to the Commission shall receive a reply in the language of their initial letter, provided that it was written in one of the official languages of the European Union. A reply to a letter addressed to the Commission shall be sent within fifteen working days from the date of receipt of the letter by the responsible Commission department. (2 months to answer to complaints due to breaches of the Code of Good Administrative Behaviour).

4. [EESC - European Economic and Social Committee] What does the EESC do? To whom are its opinions transmitted?

It is an Advisory Body. Its opinions are on matters of European interest and EU legislative proposals and are addressed to the Council, the European Commission and the European Parliament (after their request, or by the EESC's own initiative). Legal basis: "The European Parliament, the Council and the Commission shall be assisted by an Economic and Social Committee (...) acting in an advisory capacity." 1957, Art. 13 TEU (Rome Treaty). Also, Article 300 TFEU (for EESC and CoR too). Members: Employers, trade unionists and representatives of social, occupational, economic and cultural organisations. Appointed for renewable 5-year term by the Council on a proposal by Member States. The EESC contributes to strengthening the democratic legitimacy and effectiveness of the European Union by enabling civil society organisations from the Member States to express their views at European level. 1 President and 2 VPs (for 2.5 years term). Currently 329 members (number per MS depends on population), max. 350 (as per Article 301 TEU).

48. [Court of Auditors]

Luxembourg. Composition: The Court of Auditors (ECA) was established in 1977 on the initiative of the European Parliament. It was made an EU institution in 1993 (Maastricht). It comprises 1 member from each EU country. The members are appointed for 6 years (renewable). They appoint the President, whose mandate is for 3 years (renewable). All members must perform their duties in the general interest of the EU and in complete independence. Appointment of members: Members are appointed by the Council, by qualified majority, on the recommendation of each Member State regarding its own seat and after consulting the European Parliament. Tasks: The Court checks that EU revenue and spending (including that of bodies created by the EU and external bodies managing EU funds) is legal and regular (no jurisdictional functions). It ensures that financial management is sound. It provides the European Parliament and the Council with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions. At the end of each budgetary year, it publishes a report in the Official Journal of the European Union. If it discovers fraud or irregularities, it must inform the European Anti-Fraud Office. • Advisory powers: In accordance with Article 287(4) TFEU, other institutions may ask the Court for its opinion whenever they see fit. The Court's opinion is mandatory when the Council: a. Adopts financial regulations specifying the procedure for establishing and implementing the budget and for presenting and auditing accounts; b. Determines the methods and procedure whereby the EU's own resources are made available to the Commission; c. Lays down rules concerning the responsibility of financial controllers, authorising officers and accounting officers; d. Adopts anti-fraud measures.

41. [Enhanced Cooperation] TFEU 326-334

Member States can establish enhanced cooperation between themselves in one of the areas covered by the Treaties, with the exception of fields of exclusive competence and the common foreign and security policy. Authorisation to proceed with the enhanced cooperation referred to in the first subparagraph shall be granted by the Council (acting unanimously), on a proposal from the Commission and after obtaining the consent of the European Parliament. When enhanced cooperation is being established, it shall be open to all Member States, subject to compliance with any conditions of participation laid down by the authorising decision. It shall also be open to them at any other time, subject to compliance with the acts already adopted within that framework, in addition to those conditions. #The request of the Member States which wish to establish enhanced cooperation between themselves within the framework of the common foreign and security policy shall be addressed to the Council. It shall be forwarded to the High Representative of the Union for Foreign Affairs and Security Policy, who shall give an opinion on whether the enhanced cooperation proposed is consistent with the Union's common foreign and security policy, and to the Commission, which shall give its opinion in particular on whether the enhanced cooperation proposed is consistent with other Union policies. It shall also be forw arded to the European Parliament for information.

53. [Consumer protection] Regulation 2006/2004 on consumer protection cooperation. Cooperation among which authorities? Has it been revoked or amended?

No longer in force; Current regulation in force is Regulation (EU) 2017/2394. Cooperation between national authorities from all countries in the European Economic Area responsible for the enforcement of consumer protection laws to jointly address breaches of consumer rules when the trader and the consumer are established in different countries. Collectively, the national authorities form a European enforcement network, the "Consumer Protection Cooperation (CPC) Network". Enforcement action includes for example sanctions and with the entry into application of the Directive on enforcement and modernisation of consumer law (2019) the sanction could reach at least 4% of the turnover of the businesses in the Member States concerned.

37. [Framework Programme for Research and Innovation] Who adopts the Framework Programme for Research and Innovation within the MMF?

Originally set up in the 1980s to streamline the adoption of Community research programmes. With the subsequent iterations of the process and Treaty modifications, the framework programme became a financial and strategic tool to support and implement EU research and innovation policies. As the scope of the framework programme widened and with the multiplication of the type of instruments used to implement it, the framework programme progressively supported all activities of the innovation process, research being just one of them. It is the main EU funding instrument for research and innovation. "The Commission is working on a proposal for the framework programme that will succeed Horizon 2020. This will be done in the context of the EU's proposal for the next 7-year EU budget, the Multi-Annual Financial Framework (MFF)." After the agreement on a political level, the agreement is subject to formal approval by the European Parliament and Council. Council decision to adopt the next long-term EU budget for the period 2021-2027 is the final step in the adoption process. Horizon Europe (2021-2027) will follow Horizon 2020 and will have a budget of 95M EUR (political agreement on December 2020 subject to formal approval by the European Parliament and the Council). So, it is the Council that adopts after the agreement on a political level. Horizon 2020 is the biggest EU Research and Innovation programme.

44. [Common Commercial Policy] By what means does the EP define the measures defining the framework of the Common commercial policy?

TFEU 207: The European Parliament [and the Council], acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt the measures defining the framework for implementing the common commercial policy.

49. [Reg. 45/2001] What is the scope of regulation 45/2001?

Repealed by Regulation (EU) 2018/1725. This Regulation covers the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. This Regulation shall apply to the processing of personal data by all Community institutions and bodies insofar as such processing is carried out in the exercise of activities all or part of which fall within the scope of Community law (Article 3 of the Regulation). → After the adoption of the GDPR (Reg. 679/2016), Reg. 45/2001 (and other Union legal acts applicable to such processing of personal data) was to be adapted to the principles and rules established in the GDPR and applied in the light of it.

2.a. [Political and Security Committee] Role?

Role: The Political and Security Committee is responsible for the EU's Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP). It monitors the international situation, recommends strategic approaches and policy options to the Council, provides guidance to the Military Committee, the Politico-Military Group and the Committee for Civilian Aspects of Crisis Management and ensures political control and strategic direction of crisis management operations.

57. [Ombudsman] Who can lodge a complaint with the European Ombudsman? Does the person need to have a special interest? If yes, against who? What is the remit of the ombudsman? What are the requirements to make a complaint? What are the conditions of admissibility for a complaint with the ombudsman?

Scope: The European Ombudsman conducts inquiries into cases of maladministration by European Union institutions, bodies, offices and agencies, acting on his or her own initiative or on the basis of complaints from EU citizens. The position of the Ombudsman was established by the Treaty on European Union (Maastricht, 1992). The first Ombudsman was elected in 1995 (current: Emily O'Reilly, the third one after Jacob Söderman and Nikiforos Diamandouros). Election: At the start of each parliamentary term or in the case of death, resignation or dismissal of the Ombudsman, the President of the European Parliament calls for nominations for the office of Ombudsman and sets a time limit for their submission. Nominations must have the support of at least 40 Members of the European Parliament who are nationals of at least two Member States. Nominations are submitted to Parliament's Committee on Petitions, which considers their admissibility. The committee may ask to hear the nominees. A list of admissible candidates is then put to the vote in Parliament. The Ombudsman is elected by a majority of the votes cast for the duration of the parliamentary term. • Dismissal: The Ombudsman may be dismissed by the CJEU at the request of Parliament if he or she no longer fulfils the conditions required for the exercise of his or her duties or is guilty of serious misconduct. Procedure: Where the Ombudsman finds maladministration, she refers it to the institution concerned, and, where necessary, submits draft recommendations to which the institution must reply within 3 months. If the institution does not agree to the proposed recommendations, the Ombudsman may not impose a solution but is able to submit a report on the question to the Parliament so that it can take the appropriate measures. What the Ombudsman can do: The Ombudsman can open an investigation on her own initiative or following a complaint, if an institution or body of the European Union fails to respect fundamental rights, legal rules or principles, the principles of good administration. Any EU citizen, resident or enterprise or association in an EU country, can lodge a complaint with the Ombudsman about maladministration. Complaints may relate to access to information, administrative delay, unfairness or discrimination, lack of transparency. If the complainant is not an EU citizen, resident or legal person registered in the EU, the Ombudsman may still decide to open an own-initiative inquiry into the raised issue. What the Ombudsman cannot do: The Ombudsman cannot investigate complaints against national, regional, or local authorities in EU countries, even when the complaints are related to EU matters; the activities of national courts or ombudsmen; complaints against businesses or private individuals.

33. [National Parliaments] How much time is given to national parliaments to analyze EU draft legislation before the drafts can be presented within the Council?

Security period: Article 4 Protocol No. 1 TEU: "An eight-week period shall elapse between a draft legislative act being made available to national Parliaments in the official languages of the Union and the date when it is placed on a provisional agenda for the Council for its adoption or for adoption of a position under a legislative procedure." This is known as the 'Early Warning Mechanism' on the compliance of drafted legislation with the principle of subsidiarity. "Yellow card" situation - only reached on 3 occasions- when a third of the parliamentary assemblies of the MS rejects the legislative proposal (Commission may withdraw or maintain it); "orange card" situation, when the simple majority of Parliaments rejects it (the draft must be re-examined by the Commission, and after such review the Commission may decide to maintain, amend or withdraw the proposal).

43. [Commission appointment] How is the Commission as a body, appointed?

Step 1: The European Council, acting in qualified majority, proposes a candidate to the Parliament. The results of the Parliament elections must be taken into account. Step 2: The candidate is elected by the absolute majority (:half plus one) of the Parliament's members. If the candidate doesn't obtain the required majority, the member states need to propose another candidate within a month's time (European Council acting by qualified majority). Step 3: Once the President has been elected, the Council, in agreement with the Commission President-elect, adopts a list of candidate commissioners, one for each member state. These Commissioners-designate appear before parliamentary committees in their prospective fields of responsibility. A negative evaluation has prompted candidates in the past to withdraw from the process. Once the Commissioners have been nominated and answered questions by the members of the Parliament in a hearing, the College is subject to a vote of approval by the Parliament. A simple majority suffices. Step 4: The President & Commissioners are formally appointed by the Council acting in qualified majority. Step 5: The Commission takes up its duties.

45. [High Representative] Who appoints the High representative? Who nominates the high representative and with which voting rules?

The European Council appoints by qualified majority, and with the agreement of the President of the Commission, the High Representative of the Union for Foreign Affairs and Security Policy (Article 18(1) TEU). The High Representative, appointed for five years, is also 'double-hatted' as Vice-President of the European Commission and chairs the meeting of the Foreign Affairs Council. The High Representative is assisted by the European External Action Service (EEAS). Current: Josep Borrell Fontelles (Spain).

23. [CoR] Composition of the Committee of Regions? How are the members of the CoR elected?

The CoR advises on new laws that have an impact on regions and cities (70% of all EU legislation). The CoR is a political assembly composed of 329 members and 329 alternates from all EU countries. Each national government proposes its representatives (they have been elected at local or regional level, for example as Mayors or Presidents of a region) for members and alternates - the national delegations. They meet up to six times per year. CoR members have a five-year term of office, starting from the date of their official appointment by the Council. Every two-and-a-half years, the plenary assembly elects the CoR President and the First Vice-President. The President represents the Committee and directs its work. If the President is absent or unable to attend, he/she shall be represented by the First Vice-President or one of the other Vice-Presidents. Six commissions (sub-committees), made up of members and grouped by policy areas, analyse the legislative texts drafted by the European Commission and draw up opinions, which are then discussed and adopted at CoR plenary sessions. Legal basis: Article 13 TEU and 300 TFEU (same as EESC too). Max. number of members of 350 (as per Article 305 TEU).

46. [Delegated acts]

The Commission adopts them on the basis of a delegation granted in the text of an EU law, in this case a legislative act. The Commission's power to adopt delegated acts is subject to strict limits: • the delegated act cannot change the essential elements of the law. • the legislative act must define the objectives, content, scope and duration of the delegation of power. • Parliament and Council may revoke the delegation or express objections to the delegated act. The Commission prepares and adopts delegated acts after consulting expert groups, composed of representatives from each EU country, which meet on a regular or occasional basis. Once the Commission has adopted the act, Parliament and Council generally have two months to formulate any objections. If they do not, the delegated act enters into force. Legal basis: Article 290 TFEU.

26. [Court of Justice] Who approves the Court of Justice rules of procedure? What are the types of proceedings before the ECJ? ECJ appeals, By how many judges is a full court in the ECJ composed of? When can individuals directly lodge an application to the ECJ?, How are other institutions connected to CJEU? Under which conditions can EP and EC establish specialised courts?How can a special tribunal to the ECJ be created? By whom? How are the judges appointed? Who appoints them? What is the language of the preliminary rulings?

The Court of Justice shall establish its Rules of Procedure. Those Rules shall require the approval of the Council. BUT: Article 281 TFEU. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may amend the provisions of the Statute (not to get confused with Rules of Procedure), with the exception of Title I and Article 64. The European Parliament and the Council shall act either at the request of the Court of Justice and after consultation of the Commission, or on a proposal from the Commission and after consultation of the Court of Justice. CJEU establishment in 1952 (Treaty of Paris). Its seat is in Luxembourg. The Treaty of Lisbon added to its jurisdictional scope. 1. General Court (created by the Treaty of Maastricht) This court has jurisdiction to hear actions against EU institutions brought by citizens and, in some instances, by EU countries. It also gives rulings in cases on employment relations between the EU institutions and their civil servants. Composition: The General Court thanks to the 2019 reform of the judicial system of the EU has 2 judges per Member State. The judges are appointed for a renewable term of 6 years by common agreement of the governments of EU countries. The General Court may sit as a Grand Chamber of 15 judges, by Chambers of 3 or 5 judges or as a single judge. 2. Court of Justice This court continues to give preliminary rulings, take appeals (on points of law) from the General Court, deal with actions brought by an EU country or the Commission against an EU country for infringing EU law, some actions brought by an EU country for annulment of a measure adopted by an EU institution, actions against an EU institution for failure to act. It now also gives rulings in the area of freedom, security and justice and makes decisions on police and judicial cooperation in criminal matters and issues arising from the Charter of Fundamental Rights. • It can also dismiss the Ombudsman at the request of the Parliament if he or she no longer fulfils the conditions required for the exercise of his or her duties or is guilty of serious misconduct. • The legal proceedings against the EU arising from non-contractual liability shall be barred after a period of five years from the occurrence of the event. The language of the case is one of the 24 official languages. In preliminary ruling proceedings, the language is always the language used by the national court or tribunal which made the reference (Rules of Procedure of the Court of Justice). Composition: The Court is composed of 27 judges (1 from each EU country) and 11 advocates-general, who present opinions on cases brought before the Court. They are appointed by common accord of EU countries for 6 years. The Court sets up chambers of five judges, the president of which is elected for 3 years, and chambers of three judges, the president of which is elected for 1 year. The Court may sit as a full Court with 27 judges, in a Grand Chamber of 15 judges or in chambers of three or five judges. It can sit as a full Court to dismiss the Ombudsman or a Member of the Commission who has not fulfilled their obligations and where the Court considers that a case is of exceptional importance. The President of the Court designates a judge-rapporteur to deal with a case, while an advocate general is designated by the first advocate general. If necessary, the Court may appoint assistant rapporteurs. Appointment of assistant rapporteurs: If necessary, the Court may appoint assistant rapporteurs. According to Art. 13(1) of the Statute of the Court of Justice, at the request of the Court of Justice, the Parliament & the Council may, acting in accordance with the ordinary legislative procedure, provide for the appointment of Assistant Rapporteurs and lay down the rules governing their service. Specialised Courts Article 257 TFEU Specialised courts are responsible for examining at first instance claims lodged in certain specific areas. They are part of the Court of Justice of the European Union and are attached to the Court. The only specialised court to have been created so far is the Civil Service Tribunal. Between 2005 and 2016, this court dealt with cases involving the EU institutions and its employees. In 2016, this court was dissolved and its competences transferred back to the General Court as part of the reform of the judicial architecture of the EU. Establishment: The creation of specialised courts may be decided by the Council (QMV) and the Parliament in accordance with the ordinary legislative procedure at the request of either the EC or the CJEU. Members of specialised courts are selected from among persons whose independence is beyond doubt and who possess the ability required for appointment to judicial office. They are appointed by the Council, acting unanimously. Individuals: they can ask the Court to annul an EU act that directly concerns them (actions for annulment); they can submit an action for failure to act, when directly affected; and they can lodge an action for damages.

47. [ECFR] Which document states the fundamental rights of the EU? To which Treaty is the Charter of Fundamental Rights annexed? Applicability of the Charter of Fundamental Rights. Titles of Charter.

The ECFR states the fundamental rights of the EU and is annexed to the treaty of Nice. Content: The rights of every individual in the EU were established at different times, in different ways and in different forms. For this reason, the EU decided to to include them all in a single document, which has been updated in the light of changes in society, social progress and scientific and technological developments. The Charter of Fundamental Rights brings together all the personal, civic, political, economic and social rights enjoyed by people within the EU in a single text. It covers all the rights found in the case law of the Court of Justice of the EU the rights and freedoms enshrined in the European Convention on Human Rights other rights and principles resulting from the common constitutional traditions of EU countries and other international instruments The charter contains rights and freedoms under six titles: (1) dignity, (2) freedoms, (3) equality, (4) solidarity, (5) citizens' rights, (6) justice. The charter has become legally binding on the EU with the entry into force of the Treaty of Lisbon, in December 2009. To reflect modern society, the charter includes 'third generation' fundamental rights, such as (1) data protection, (2) guarantees on bioethics, (3) transparent administration. Applicability: The terms of the charter are addressed to (1) the institutions and bodies of the EU (2) national authorities only when they are implementing EU law (Article 51 of the Charter). The charter does not establish a general power for the European Commission to intervene in the area of fundamental rights. It can intervene only when EU law comes into play. For example, when EU legislation is adopted or when a national measure applies EU law in a manner incompatible with the charter. In cases where the charter does not apply, the protection of fundamental rights is guaranteed under the constitutions or constitutional traditions of EU countries and international conventions they have ratified. The charter is not a replacement for them. The charter does not extend the scope of the EU to matters not part of its normal remit. Therefore, it is up to the national courts to ensure respect for fundamental rights.

60. COSME project.

The EU programme for the Competitiveness of Small and Medium-Sized Enterprises (SMEs).

29. [OLAF] By decision of which institution was OLAF established? When?

The European Anti-Fraud Office (OLAF) was set up by Commission decision 1999/352/EC to investigate corruption and serious misconduct within EU institutions, as well as fraud against the EU's budget. OLAF has a hybrid status being a DG of the European Commission and reporting to it, but being independent for its investigative activities. OLAF investigates within EU bodies to detect fraud, corruption, and other illegal activity affecting the EU's financial interests. It also looks into matters relating to the discharge of professional duties not affecting EU financial interests. In addition, it also investigates external individuals or organisations to detect fraud or other irregular conduct (for example, in the operation of EU funding programmes or customs frauds), often in cooperation with EU countries' authorities and sometimes those of non-EU countries. Appointment of OLAF's Director-General: He/She is appointed by the Commission after consultation with the Parliament and the Council (currently Ville Itälä - Finnish- since February 2018). The members of the OLAF supervisory committee are appointed by agreement between Parliament, Council and the Commission.

64. [EIF - European Investment Fund] What is and where is the European Investment Fund located?

The European Investment Fund, established in 1994, is a European Union agency for the provision of finance to SMEs, headquartered in Luxembourg. It does not lend money to SMEs directly; rather it provides finance through private banks and funds

8. [Regulatory Scrutiny Board] What is the Regulatory Scrutiny Board?

The Regulatory Scrutiny Board is an independent body within the Commission that advises the College of Commissioners. It provides central quality control and support for Commission impact assessments and evaluations at early stages of the legislative process (better regulation). The Board reviews and issues opinions (positive, positive with reservations or negative) and recommendations on all the Commission's draft impact assessments, fitness checks, and on major evaluations of existing legislation. In case of a negative opinion, the draft report must be reviewed and resubmitted to the Board before it can proceed. When the Board has given a negative opinion twice, it is only the Vice-President for Inter-institutional Relations and Foresight that may submit the initiative for the College of Commissioners to decide whether or not to go ahead. 7 members: a Commission DG; 3 high level Commission officials; 3 experts recruited from outside the Commission.

7. [Seats of the EU institutions] Who decides the seat of the institutions?

The Treaties establishing the European Communities do not stipulate the seats of each of the three organisations. Instead, they state that the seat of the institutions is to be determined by common accord of the governments of the Member States (Article 341 TFEU).

55. [Budget] By which institution is the Union budget discharged? When can the budget be transferred (note: some options where something like "only when there is a grant agreement", "when there is sound financial management" etc.)

The decision on whether to grant discharge for the execution of the EU budget is made by the European Parliament, which acts on a non-binding recommendation by the Council. Article 28(2) FR: The Commission and the other Union institutions may transfer appropriations within the budget subject to the specific conditions laid down in Articles 29 to 32. Appropriations may only be transferred to budget lines for which the budget has authorised appropriations or which carry a token entry pro memoria. The Commission may, within its own section of the budget, autonomously transfer appropriations within each chapter (one of many cases).

5. [OLP & SLP] What is the legislative procedure in detail? Which area does not use ordinary legislative procedure?

The majority of EU legislation is adopted by means of the ordinary legislative procedure (85 policy areas covering the majority of the EU's areas of competence). Special legislative procedures are the exception and are used in certain more sensitive policy areas. a. OLP: co-decision between Council and Parliament, Articles 289 and 294 TFEU (co-decision first introduced by Maastricht in 1992, extended in Amsterdam in 1997 and renamed as OLP in Lisbon in 2009). The European Commission submits a proposal to the Council and the European Parliament. Then the Council and the Parliament adopt a legislative proposal either at the first reading or at the second reading. First reading. Parliament: simple majority needed to amend the Commission's proposal or to adopt it without amendments, on the basis of a Committee's report. Council: decides to accept Parliament's position and it is adopted or adopts a different position and communicates it to the Parliament, all by QMV. No time limits for the first reading. Second reading: 3 months

10. [Council minutes] Value of Council's minutes for interpretation of a legislation?

The statements in the minutes reflect their authors' positions. They cannot in any way restrict the scope or effects of the legal act, which can only be determined from the content of the act itself; statements in the minutes can only serve to confirm an interpretation based on the wording of the act itself. A statement cannot therefore be taken as a basis for the interpretation of a provision in an act of secondary legislation if the content of the statement is not expressed in the text of the relevant provision. The Court has consistently held that the true meaning of rules of Community law can be derived only from those rules themselves, having regard to their context. That meaning cannot therefore be affected by such a statement [referring to point 16: "statement... inserted in the Council minutes"].'. Case 237/84, Commission v. Kingdom of Belgium, ECR 1986 01247, point 17.

11. [Interinstitutional Agreements] Which institutions can conclude them? Are they binding?

Their legal basis can be found in Art. 295 TFEU. Interinstitutional agreements that are not based on Article 295 also exist. For example, there is an interinstitutional agreement between the European Parliament and the European Central Bank (ECB) on accountability and transparency in regard to European banking supervision. Council, Parliament and Commission agree on inter-institutional agreements by mutual consent. The Commission is charged to take the initiative. Initiative in Art. 17 TEU. The Treaty of Nice only allowed inter-institutional agreements when all three institutions took part. The Council insisted on this following an agreement between the EU Commission and the Parliament on access to certain classified documents on which the Council did not agree. The Lisbon Treaty also requires a common accord between the three institutions to allow such agreements. The purpose of the agreement is to increase efficiency and to clarify procedures in order to prevent or limit conflicts amongst the institutions. Interinstitutional agreement can be legally binding, but this is not required. The binding nature of the agreement depends on the wishes of the authors of the act. Only administrative and institutional affairs concerning legal, procedural and financial aspects may be covered by an interinstitutional agreement. Interinstitutional agreements may, for example, take the form of codes of conduct, guidelines or declarations.

Examples of SLP:

a. EPPO - consent (Article 86 TFEU). b. Police cooperation: some measures OLP; but SLP for "measures concerning operational cooperation" -consultation (Article 87 TFEU). c. MFF

61. [Direct Effect] Important case-law on direct effect

a. The direct effect of European law has been enshrined by the Court of Justice in the judgement of Van Gend en Loos (1963) Criteria of direct applicability: 1. The provisions of the Union treaties set out absolute conditions 2. The provisions are complete in themselves and self-contained in legal terms 3. The provisions do not require any further action on the part of the member states or the Union institutions in order to be complied with or acquire legal effect b. Van Duyn (1974) on the direct applicability in respect of the freedom of movement c. Reyners (1974) on the direct applicability in respect of the freedom of establishment d. Van Binsbergen (1974) on the direct applicability in respect of the freedom to provide services

50. [Public meetings of the Council] When does the Council sit in public? (i.e. for which deliberations/votes?) Are Council's votes public or not?

a. When it discusses or votes on a proposal for a legislative act. In these cases, the meeting agenda includes a 'legislative deliberation' part. b. The first deliberation on important non-legislative proposals is also public. In addition, the Council regularly holds public debates on important issues affecting the interests of the EU and its citizens. The debate on the General Affairs Council's 18 month programme, as well as the priorities of the other Council configurations, and the debate on the Commission's five year programme, are public. The results of Council votes are automatically made public when the Council acts in its capacity as legislator.