Powers of the European Commission and Preliminary Reference under Article 267 TFEU

Question

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Question 2: Commission’s powers and how it interacts with the Parliament and the Council3
Question 3: Law on Preliminary reference under Article 267 TFEU....................................6
CONCLUSION................................................................................................................................8
REFERNCES...................................................................................................................................9

INTRODUCTION
The European Union Law is referred as system of law which is specific to its 28 Member States.
This system of law aims to overrule the national law of each member state in case of any
conflicts between the National law and European Union law. The European Union is based on
the rule of law which means every actions taken by the EU is mentioned in the treaties and such
treaties are democratically approved by its member states (Kelemen and Blauberger, 2017). The
main focus of EU law is to meet the objectives of EU treaties and to put into the action the EU
policies. The report examines the questions effectively and in a manner prescribed.
MAIN BODY
Question 2: Commission’s powers and how it interacts with the Parliament and the Council
The Treaty on European Union (2007) is the base for the European Law and sets out the
principles in relation to the purpose of EU law as well rules, EU’s external, foreign and security
policy. The TEU governs the central institutions of the EU which are:-
 Commission
 Parliament
 Council
Article 17 of TEU deals with the Commission and its appointment. The Commission is one
of the EU central institutions and has monopoly in respect of the legislative initiative (Gerards,
2019). The commission comprises of executive powers in some of the policies such as
competition and external trade. The Commission is considered as the principal executive body of
the EU which is composed of one Commissioner per Member State. The Commission’s power of
initiative in the legislative process is discussed below.
A. Power of Initiative
According to the rule the Commission has a monopoly in EU law making. The executive
body draws up the proposed acts which need to be adopted by the other two decision making
central institutions i.e. Parliament and the Council.
(1) The power of proposal
The power of proposal includes:
 Legislative Initiative: The Commission is exclusive and it limits the other central
institutions to the extent that they cannot make decision unless the commission devise