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Legal acts in the EU Constituition Anastasia Bachurina
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The constitutional treaty as signed in Rome on 29 October 2004 by representatives of the EU member statessignedRome29 October2004 EU member states
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Among the founding principles Instruments are 6 Popular legislative initiative is introduced.
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Legislative acts – in most cases the ordinary legislative procedure 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
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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 entirety or -as regard the result to be achieved
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Non-legislative acts a European decision -addressed to specified recipients -a general decision Recommendations and Opinions, no binding force. Recommendations also by the Council.
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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
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Legislative delegation and implementing acts The implementing powers -delegated European regulations -implementing acts as such The Commission, “comitology”, control by Member states
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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
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The European Parliament
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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)
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SUMMARY TABLE ArticlesSubjectComments I-33The legal acts of the Union (new typology)New provisions I-34The legislative acts Significant changes I-35The non-legislative acts I-36Delegated European regulations Significant changes I-37Implementing acts I-40Particular rules concerning CFSP Significant changes I-41Particular rules concerning ESDP I-42Particular rules concerning JHA
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www.europa.eu Сайт Европейского союза
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