Web-Companion Essential EU Law in Text: Suggested solutions to the exercises

Please find hereinafter the suggested solutions to the 64 exercises contained in the book "Tobler/Beglinger, Essential EU Law in Text, 5th edition, HVG-ORAC 2020, ISBN 978-963-258-490-4".  To give you an idea how the exercises in the book are phrased, they have been added for the first three instances. Any comments or feedback are welcome.

Showing only entries concerning chapter Part 1, D. V. 3.. View all entries

The competences of the EU and the adoption of secondary measures – Exercise 3

Page: 39 Chapter: Part 1, D. V. 3.

Suggested solution:

The Single CMO covers potatoes only partially. The present exercise suggests that the Commission is contemplating the adoption of a special CMO also for potatoes (which would then probably mean taking potatoes out of the Single CMO).

a) The role of the EP depends on the applicable legislative procedure. The special legal basis in the field of agriculture, Art. 43(2) TFEU, provides for the ordinary legislative procedure. In this procedure, the EP has the function of a co-legislator (together with the Council). This means in particular that it can block the adoption of the act.

[Relevant Charts: Chart 8/30 and Chapter 5, in particular Chart 5/5]

b) Under the ordinary legislative procedure, the adoption of an act requires a qualified majority. Following the Lisbon revision, the TFEU contains two formulae for such a majority. For the time being, the old (pre-Lisbon) formula as described in the Protocol on transitional provision, remains applicable. This means that a majority of the Member States can adopt the measure if they represent at least 255 of the weighted votes (a number relevant since the accession in 2007 of Romania and Bulgaria). This means that it is certainly possible that a single Member State can be overruled.

[Relevant Charts: Chart 8/30 and Chapter 5, in particular Chart 5/7-5/8]

c) They might argue that the adoption of such a CMO is contrary to the principles of subsidiarity and proportionality, as set out in Art. 5 TEU and described in the relevant Protocol. The two principles concern the exercise of EU competences. Put simply, the principle of subsidiarity demands that the EU acts only when it really makes sense to deal with a matter on the EU level. In the present case, it applies due to the fact that competence of the EU in the field of agriculture is not an exclusive one (Arts. 3 and 4(2)(d) TFEU). The principle of proportionality demands that EU action does not go further than necessary.

[Relevant Charts: Chart 8/30 and Charts 4/3]





Published: 13 August 2020