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EU Law-making Revision Sheet
The EU can only act to legislate where it has the competence to do so and the exercise of that
competence is subject to the principles laid out in Article 5 TEU
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Competences not conferred on the
U io
the Treaties re ai s ith the e er states
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Legal basis of the Articles
Treaty Articles will specify the legal procedures to be used and may also prescribe legal instruments
to be used, as in Article 114 TFEU
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The exercise of EU Competence
Article 5(3) TEU Principle of Subsidiarity
i areas hi h do ot fall ithi its e lusi e o pete e, the U io shall a t o l of a d i so far as
the objectives of the proposed action cannot be sufficiently achieved by the MS, either at a central
level or at a regional and local level, but can rather, by reason of the scale of effects of the proposed
a tio , e etter a hie ed at U io le el
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of U io a tio shall ot e eed hat

i
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is the EU measures suitable and necessary to achieve the objective
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EU Law-making Revision Sheet
Legislative procedures
There are a number of legislative procedures that exist that are characterised by the level of
participation of the European Parliament
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Today the EP is the Co-legislator
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S
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Their proposals will
then be reviewed by the EP and the Council as co-legislators
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This accommodates the interests of all 3 institutions, as well as others, where:
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National Parliaments and other EU bodies where specified by the legal basis e
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economic
and social committee
The Co
issio s proposals ill ha ge ith the i put of the EP a d the Council who may
propose amendments at the first and second reading stages, but Commission involvement is
ensured
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EU Law-making Revision Sheet
Law Making
Other bodies involved
COREPER – Committee of permanent representatives
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Represents to Council in conciliation committee with the EP, as well as being involved in
negotiations with the EP at early stage of the Ordinary Legislative Procedure
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Delegated law making by the Commission
Comitology – Committee structure, comprising of MS representatives, to oversee the exercise of
delegated law making which excluded the involvement of the EP



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