, LAW31706
Basic Law Knowlegde
European Food Law | Period 2 | 2025-2026
of proposals is adopted at this stage) or may amend the
● Where the European Union is and how the borders work Parliament’s position and return the proposal to the
Parliament for a second reading.
(4) Second reading in Parliament
- The EP examines the Council’s position and approves it
(legal act is approved) or rejects it = the act will not enter
into force and the whole procedure is ended OR proposes
amendments and returns the proposal to the Council for a
second reading.
(5) Second reading in Council
- The Council examines the EP’s second reading position
and either approves of all the EP’s amendments (act is
adopted) or does not approve all amendments, which
leads to convening of the Conciliation Committee.
(6) Conciliation Committee
- Composed of an equal number of MEPs and Council
representatives, it tries to reach agreement on a joint text.
If unsuccessful the legal act will not enter into force and
● How EU Laws are proposed
the procedure is ended. If a joint text is agreed, it is
forwarded to the EP and the Council for a third reading.
(7) Third reading in the European Parliament and Council
(a) The EP examines the joint text and votes in plenary. It
cannot change the wording of the joint text. If it
rejects/fails to act on it, the act is not adopted and the
procedure is ended. If it is approved by the EP and the
Council, the Act is adopted.
(b) The Council examines the joint text and votes in plenary. It
cannot change the wording of the joint text. If it
rejects/fails to act on it, the act is not adopted and the
procedure is ended. If it approves the text and the
Parliament also approves it, the act is adopted.
● Types of legislation
● The aims set out in the Treaties are achieved by several
types of legal acts.
Type Binding Applies Example
● Ordinary legislative procedure yes/no to all
(1) Commission proposal EU MS
- European Investment Bank
Regulation Yes Yes When the EU’s
- European Central Bank regulation on
- European Parliament ending roaming
- European Citizens' Initiative charges while
- A quarter of the MS travelling the EU
- The European Commission (EC) submits a legislative expired, the EP
proposal to the European Parliament (EP) and Council
adopted a new
(2) First reading in Parliament
regulation to (1)
- The EP examines the Commission’s proposal and may improve the clarity
approve it without modifications or amending it. of previous
(3) First reading in Council regulation and (2)
- The Council may decide to accept the Parliament's make sure a
position (thus the legislative act is adopted, vast majority
COURSE CODE: COURSE TITLE LESSON # 1
, LAW31706
Basic Law Knowlegde
European Food Law | Period 2 | 2025-2026
common approach obligation on
on roaming those to whom it is
charges is applied addressed.
for another 10
years. Opinions No No Instrument that
(soft law) allows institutions
Directives Yes, Yes Sets out goals that to make a
but… EU countries must statement without
achieve. However, imposing any legal
it is up to the obligation on
individual MS to those to whom it is
devise their on addressed (non-
laws on how to binding). Can be
reach these goals. issued by the main
E.g. the EU plastic institutions (EC,
directive. So EU- Council and EP),
level legislations the Committee of
must be the Regions and
transposed into the European
national law. Economic and
Social Committee.
Decisions Yes No Only binding on While laws are
those to whom it is being made, the
addressed (e.g. an committees give
EU country or an opinions from
individual their specific
company) and is regional or
directly applicable. economic and
E.g., the Council social viewpoint.
issued a decision
allowing Croatia to
adopt the euro on ● EU Institutions
1 January 2023, Institution What does it do
which is only
related to this The Council of the European Made up of EU government
country. Union ministers who meet to discuss,
amend and adopt laws.
Recommendations No No When the EC
(soft law) issued a The Court of Justice of the Make sure that EU law is
recommendation European Union (CJEU) (curia) applied in the same way across
that EU countries the EU.
media service
providers improve The European Central Bank Manages the euro and
their ownership (ECB) implements EU economic and
transparency and monetary policy.
safeguard their
editorial The European Commission Proposes laws, makes sure EU
independence, this laws are properly applied and
did not have legal manages EU spending
consequences. A programmes.
recommendation
allows the The European Council Brings together EU heads or
institutions to state of government. It defines
make their views the general political direction
known and and priorities of the EU.
suggest a line of
action without The European Court of Makes sure EU funda are
imposing any legal
COURSE CODE: COURSE TITLE LESSON # 2
, LAW31706
Basic Law Knowlegde
European Food Law | Period 2 | 2025-2026
● Subsidiarity = in the area of its non-exclusive
Auditors correctly accounted for and all
funds are raised and spent in competences, the EU may act only if - an in so far as - the
line with EU financial rules. objective of a proposed action cannot be sufficiently
achieved by MS, but could be better achieved at EU level.
The European Parliament It is made up of directly elected
members from each EU
country, who debate and
amend laws.
● Division of competences with the EU
● Art. 2 of the Treaty on the Functioning of the European
Union (TFEU)
- The EU only has the competences (powers) conferred on it
by the treaties (principles of conferral).
● Principles of conferral = under this principle, the EU may
only act within its limits of the competences conferred
upon it by the EU MS in the treaties to attain the treaties’
objectives. Competences not conferred upon the EU in the
treaties remain with the MS.
● The Treaty of Lisbon clarifies the division of competences
between the EU and its MS. These competences are
divided into three main categories =
(1) Exclusive competences of the EU
- Art.3 of the TFEU
(2) Shared competences
- Art. 4 of the TFEU
(3) Supporting competences
- Art. 6 of the TFEU
● Special competences = The EU can take measurements to
ensure that MS coordinate their economic, social and
employment policies at EU level.
- The EU’s common foreign and security policy =
characterised by the specific institutional features, such as
the limited participation of the EC and the EP in the
decision-making procedure/exclusion of any legislation
activity.
- This policy is defined/implemented by the European
Council (heads of states/governments of the MS) and the
Council of the European Union (representative of each MS
at ministerial level)
- Represent the EU in matters of common foreign and
security policy = the President of the European Council
and the High Representative of the Union for Foreign
Affairs and Security Policy
● Exercise of competence
● Subject to two fundamental principles laid down in Art. 5
of the TFEU
● Proportionality = the content/scope of the EU action may
not go beyond what is necessary to achieve the objectives
of the Treaties.
COURSE CODE: COURSE TITLE LESSON # 3