Reading Comprehension and Vocabulary Work

Exercise 1. Look through the text and answer the following questions.

1. What Union act is considered to be binding?

2. What is meant by the legal term ‘principle of conferral’?

3. Name two more principles which apply to the exercise of the powers conferred by the Treaties.

4. What are the main types of Union legal acts which have binding force? Name other types of Union acts which having no binding force, are not totally deprived of legal effect.

5. Give a brief definition of the term ‘regulation’.

6. Give a brief definition of the term ‘directive’.

7. Give a brief definition of the term ‘decision’.

8. Explain how the term ‘reason’ must be understood in the context of Union law.

Exercise 2. Suggest Russian equivalents of the following expressions. Use them in your own sentences.

A be subject to Union law; to issue an act; to confer competences; to exercise powers; to have general application; be applicable to; to affect a third party; to transpose a directive into national law; be in conflict with; to suffer damage; to grant an exemption; to grant an authorization; to dismiss a recommendation; to be submitted to the Court; to make a technical choice

B the scale or effects of the proposed action; directly applicable; undertaking; precedence of Union law over national law; beneficiary of the obligations; interpretation of the directive; wording of the case; preliminary ruling; validity; institution’s reasoning; issues of law and fact

C with regard to; therein; in so far as; in a clear and unconditional way; for the sake of; as to; furthermore; in a manner consistent with the directive; nonetheless; whatsoever; pursuant to; thereby

Exercise 3. Answer the questions on the text.

1. What is the main question with regard to the Union acts for those who are subject to Union law?

2. Why is the principle of conferral so important for Union law?

3. Explain the meaning of the principle of subsidiarity and the principle of proportionality.

4. What are the three distinguishing features of regulations as compared to other Union acts?

5. Explain why the notion ‘direct applicability’ must not be confused with ‘direct effect’.

6. What are the distinguishing features of the directives?

7. What are the three conditions which, if fulfilled, lead to the State being liable for loss and damage caused to individuals?

8. What is the nature of decisions?

9. What legislative bodies issue regulations, directives and decisions?

10. Why are recommendations and opinions different from other types of Union acts?

11. What is necessary for the Court to reconstruct the essential elements of the institution’s reasoning?

12. Name the requirements referring to the statement of reasons. In what way are these requirements assessed?

Exercise 4. Read the text and choose the best suitable word to fill in the gaps. Say what you have learned from the text.

Since regulations are of a legislative nature and therefore concern an unidentifiable group to whom they 1, they must be published in the Official Journal of the European Union, which 2 in the 23 official languages of the Union. The same applies to directives and decisions since they are binding acts and may 3 persons other than the one(s) to whom the act is addressed.

Publications must, as indicated, necessarily take place in all the official languages of the Union and cannot be 4 by electronic versions; the absence of publication 5 the obligations contained in Union legislation from being 6 on individuals, even though those persons are could have learned of that legislation by other means.

Acts enter into force on the day 7 therein or, in the absence thereof, on the twentieth day following their publication. This rule raises the question of possible retroactive effect. In this regard, the Court 8 that:

“Although in general the principle of legal certainty precludes a [Union] measure from 9 effect from a point in time before its publication, it may exceptionally be otherwise where the purpose to be achieved so demands and the legitimate expectations of those concerned are duly respected.”

1	A	inflict	B	impose	C	apply	D	refer
2	A	exists	B	appears	C	publishes	D	renders
3	A	touch	B	represent	C	refer	D	concern
4	A	replaced	B	changed	C	transferred	D	transmitted
5	A	suspends	B	precludes	C	omits	D	revokes
6	A	checked	B	applied	C	changed	D	imposed
7	A	quoted	B	expressed	C	mentioned	D	specified
8	A	ruled	B	said	C	imposed	D	applied
9	A	making	B	taking	C	loosing	D	showing

Exercise 5. Read the text and fill in the gaps with the required prepositions provided below. Then say whether the statements below are true, false or incomplete. Finally, say what you have learned about the role of the acts of the Union in the development of Union law.

by (3); down; for (5); from; in (5); out; to (3)

Nevertheless, the acts expressly provided 1 2 the Treaties (regulations, directives, decisions, agreements) play, 3 far, the most important role. The conditions laid 4 5 the decision-making process and 6 the contents of those acts must be seen as so many guarantees 7 lawfulness and judicial control and the protection of the rights of the citizens.

The Treaties invest 8 the Council, the Parliament and the Commission the responsibility 9 implementing the objectives of the Union. To carry 10 this task, they have empowered them to adopt regulations, directives, decisions, recommendations and opinions; 11 those must be added, although not mentioned 12 the same Treaty provision, “international agreements”.

Furthermore, each one of those acts fulfils a specific function 13 the development of Union law, and the Treaties therefore explicitly provide, 14 many cases, what kind of act must be adopted, 15 which institution, and 16 which circumstances. Different rules apply 17 each category of acts and, more important, the extent of the legal protection afforded legal and natural persons varies widely 18 one category 19 another.

1. The acts expressly provided for by the Treaties are regulations, directives, decisions and regulations.

2. The responsibility for implementing the objectives of the Union is invested in the Parliament and the Courts.

3. Each of the Union acts fulfils a specific function in the development of Union law.

4. The legal protection provided for by each of the acts is equal for all categories of acts.

5. The contents of the acts of the Union must be seen as guarantees for lawfulness and judicial control.

Exercise 6. Read the text. Use the words in the box on the right to form one word that fits in the gap.

Union acts are not limited to regulations, directives and decisions. Judgments of the courts are also binding upon the parties and can be _______. As for agreements _______ by the Union with third countries or international organizations, they are _______ upon the institutions of the Union and on the Member States and may be _______ by persons in court. Somewhat different is the position of international agreements concluded by the Member States with third countries. These agreements can be _______ to the control of legality exercised by the Court when the Union is a party to them and they constitute rules of law relating to the application of the Treaty; the result being that regulations, directives and decisions can be annulled in case of _______ of these rules. These agreements can also have direct effect, which means that natural and legal persona can ask the national judge to _______ the rights that derive from these agreements even against their own national authorities. Besides the acts already mentioned, there are the decisions of the _______ of the Governments of the member States within the Council; these cannot be submitted to the Court since they do not emanate from the Council, the Parliament or the Commission, but they can be binding within the whole Union. However it will have to be established on a case by case basis whether those decisions are binding only for the Member States or also for the _______ of the Union and even for natural or legal persons. Besides _______ from the Court’s control, these acts do not require a Commission _______ or an opinion of Parliament. Of course, nothing can prevent the latter from trying to exercise its political control over these acts anyway.

force; conclusion bind invoke submit fringe hold present institute immune propose

Exercise 7. Read the text and fill in the gaps with the appropriate words from the box. Then answer the questions below the text.

create acts bodies procedures provides publishes multiply constitute

As for the various forms which the Union acts can take, it should be pointed out from the onset that the actual practice does sometimes differ from what the Treaty provides. The TEFU 1 only for regulations, directives, decisions and agreements as binding acts. However, the tendency, it seems, has been to 2 the forms of the Union acts, the procedures leading up to them and the 3 issuing them. Indeed, besides those acts already mentioned, there are joint actions, common positions, Communiqués, Declarations and Conclusions of the European Council. Furthermore one finds: Programmes, Resolutions, Recommendations, and especially Communications. Then there are also the Notices of the Commission by which it 4 Guidelines or gives definitions in the competition field. Since, generally speaking, these acts are not binding, i.e. do not 5 rights and obligations for those who are subject to Union law, not all of the above-mentioned measures 6 Union ‘acts’ whose legality the court can review. Nonetheless these acts shape essential Union policies and consequently the development of the Union itself. They are part of the acquis communautaire. It sometimes appears that the more important the decision, politically speaking, the less formal the 7 that lead to them and the forms of the 8.

1. What acts may be considered as additional union acts, i.e. the acts which are not provided for by the TEFU but exist as a result of the legal practice of the EU?

2. Explain the difference between Union acts covered by the TEFU and joint actions, common positions, Communiqués etc.

3. What is the legal and political role of such acts?

Exercise 8. In the text in this exercise certain parts have been taken out and reshuffled. Restore the text by filling in the gaps meaningfully. What information does the text contain?