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EIPA practice questions

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Question 1Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Under EU cohesion policy, which body is primarily responsible for managing and implementing a programme co-financed by the ERDF?

  1. The European Commission's audit directorate for regional policy
  2. The certifying authority
  3. The managing authority designated by the Member State Correct answer.
  4. The programme's monitoring committee

Explanation

Cohesion policy is implemented under shared management, and the managing authority is the body designated by the Member State to manage the programme on a day-to-day basis. The Commission retains overall oversight but does not manage operations directly.

Question 2Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Which EU regulation established the Recovery and Resilience Facility?

  1. Regulation (EU) 651/2014
  2. Regulation (EU) 2021/1060
  3. Regulation (EU) 2021/241 Correct answer.
  4. Regulation (EU) 1303/2013

Explanation

The Recovery and Resilience Facility was created by Regulation (EU) 2021/241. It is the central instrument of the NextGenerationEU recovery package and finances national recovery and resilience plans.

Question 3Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Which provision of the Treaty on the Functioning of the European Union sets out the general prohibition of State aid?

  1. Article 174 TFEU
  2. Article 107(1) TFEU Correct answer.
  3. Article 34 TFEU
  4. Article 101 TFEU on competition law

Explanation

Article 107(1) TFEU declares incompatible with the internal market, in principle, any aid granted by a Member State or through State resources that distorts or threatens to distort competition and affects trade between Member States. Other provisions may declare aid compatible or exempt it, but the general prohibition is in Article 107(1).

Question 4Management of public funding (ESIF, recovery & reform, public procurement, state aid)

For 2024–2025, what is the EU threshold above which public works contracts fall under Directive 2014/24/EU?

  1. EUR 143,000
  2. EUR 5,538,000 Correct answer.
  3. EUR 750,000 for all works contracts
  4. EUR 221,000

Explanation

The EU threshold for public works contracts under the classic Public Procurement Directive is EUR 5,538,000 for 2024–2025. The other figures correspond to different thresholds or are not the works threshold.

Question 5Management of public funding (ESIF, recovery & reform, public procurement, state aid)

In the 2021–2027 cohesion policy framework, which principle means that EU funds are implemented jointly by the Commission and national authorities?

  1. Shared management Correct answer.
  2. Joint management
  3. Indirect management
  4. Direct management

Explanation

Cohesion policy funds are implemented under shared management, where the Commission and Member State authorities share implementation tasks. Direct and indirect management are used for other EU programmes and are not the cohesion policy model.

Question 6Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Disbursements under the Recovery and Resilience Facility are linked to which of the following?

  1. Fulfilment of milestones and targets in the national plan Correct answer.
  2. Submission of certified expenditure accounts by the audit authority
  3. Reimbursement of eligible invoices submitted by final beneficiaries
  4. Annual allocation ceilings set in the multiannual financial framework

Explanation

RRF payments are performance-based: the Commission disburses instalments after assessing whether the Member State has satisfactorily fulfilled the relevant milestones and targets. It is not an invoice-reimbursement system like shared-management cohesion funds.

Question 7Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Under the EU de minimis rule applying from 2024, aid to a single undertaking is exempt from notification up to what amount over any three-year period?

  1. EUR 50,000
  2. EUR 500,000
  3. EUR 300,000 Correct answer.
  4. EUR 200,000

Explanation

The de minimis Regulation applicable from 2024 raises the ceiling to EUR 300,000 per single undertaking over any three-year period. Aid within this ceiling is deemed not to meet the State aid criteria and does not require notification.

Question 8Management of public funding (ESIF, recovery & reform, public procurement, state aid)

The European Social Fund Plus (ESF+) primarily supports which policy area?

  1. Trans-European transport networks
  2. Agricultural market interventions
  3. Research infrastructure and innovation
  4. Jobs, skills and social inclusion Correct answer.

Explanation

ESF+ is the EU's main fund for investing in people, supporting employment, education, skills and social inclusion. Transport networks, agricultural market measures and research infrastructure are financed mainly by other EU instruments.

Question 9Management of public funding (ESIF, recovery & reform, public procurement, state aid)

In shared management, what is the main task of the certifying authority?

  1. Selecting operations for funding
  2. Submitting certified payment applications to the Commission Correct answer.
  3. Approving the programme's monitoring committee rules
  4. Carrying out audits of the managing authority and beneficiaries

Explanation

The certifying authority is responsible for certifying expenditure and drawing up payment applications to the Commission on the basis of reliable accounts. It must satisfy itself that the expenditure complies with applicable rules.

Question 10Management of public funding (ESIF, recovery & reform, public procurement, state aid)

What minimum share of the Recovery and Resilience Facility's total allocation must contribute to climate objectives?

  1. 20%
  2. 37% Correct answer.
  3. 50%
  4. 65%

Explanation

The RRF Regulation requires at least 37% of the facility's allocation to support climate objectives. A separate minimum of 20% must support digital objectives.

Question 11Management of public funding (ESIF, recovery & reform, public procurement, state aid)

In which situation may a contracting authority use the competitive dialogue procedure under Directive 2014/24/EU?

  1. Only when no economic operator has submitted a tender in an open procedure
  2. Where the contract is complex and needs cannot be met by ready-made solutions Correct answer.
  3. For every contract below the EU threshold
  4. Whenever it wishes to shorten the procurement timetable

Explanation

Competitive dialogue is available where the contracting authority's needs cannot be met by adapting readily available solutions and the contract is complex. It allows discussion of solutions before final tenders are invited.

Question 12Management of public funding (ESIF, recovery & reform, public procurement, state aid)

What is the main effect of the General Block Exemption Regulation (GBER)?

  1. It prohibits all State aid above de minimis levels
  2. It allows all aid to be granted without any conditions or prior review
  3. It transfers all State aid control from the Commission to national courts and competition authorities
  4. It exempts categories of aid from prior notification to the Commission, subject to conditions Correct answer.

Explanation

The GBER declares certain categories of aid compatible with the internal market and exempts them from the prior notification requirement, provided the conditions in the regulation are met. It does not remove State aid rules altogether.

Question 13Management of public funding (ESIF, recovery & reform, public procurement, state aid)

In cohesion policy for 2021–2027, what is the Partnership Agreement?

  1. A strategy agreed by the Commission and a Member State on investment priorities Correct answer.
  2. An agreement between the audit authority and the European Court of Auditors on audit methods
  3. A contract between the managing authority and each beneficiary
  4. A procurement framework agreement for technical assistance

Explanation

The Partnership Agreement is the strategic document agreed between the Commission and a Member State setting out the Member State's investment priorities and arrangements for using the funds. Operational programmes then translate it into concrete actions.

Question 14Management of public funding (ESIF, recovery & reform, public procurement, state aid)

What does the 'do no significant harm' (DNSH) principle require in RRF-funded measures?

  1. That each measure generates a positive environmental impact and creates green jobs
  2. That no measure significantly harms any of the six environmental objectives Correct answer.
  3. That all measures are located in less developed regions
  4. That measures are approved by the European Parliament

Explanation

DNSH requires that no measure financed by the RRF causes significant harm to any of the six environmental objectives set out in the taxonomy framework. It does not require every measure to produce a positive environmental impact.

Question 15Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Under Directive 2014/24/EU, what is the minimum standstill period between notification of the award decision and signature of the contract?

  1. 15 calendar days
  2. 3 calendar days
  3. 10 calendar days Correct answer.
  4. 5 calendar days

Explanation

The minimum standstill period is 10 calendar days where the award decision is sent electronically, allowing unsuccessful tenderers to seek review. A longer period of 15 days applies where other means of communication are used.

Question 16Management of public funding (ESIF, recovery & reform, public procurement, state aid)

The Altmark judgment sets conditions under which compensation for a public service obligation does not constitute State aid. Which condition is part of that test?

  1. The compensation must always be below EUR 300,000
  2. The undertaking providing the service must be a public body owned by the municipality
  3. The service must be provided in a less developed region
  4. Compensation must not exceed the net cost of the obligation plus a reasonable profit Correct answer.

Explanation

One Altmark condition is that compensation must not exceed what is necessary to cover the net cost of the public service obligation, including a reasonable profit. The other conditions concern a clearly defined obligation, objective parameters and efficient provision.

Question 17Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Who approves an amendment to a cohesion policy programme that changes its strategy or financial allocation?

  1. The managing authority acting alone
  2. The certifying authority
  3. The European Commission by decision Correct answer.
  4. The monitoring committee acting alone

Explanation

Programme amendments affecting strategy or financial allocations require a Commission decision, following the procedure set out in the Common Provisions Regulation. The managing authority proposes amendments, and the monitoring committee may be consulted, but it cannot approve them alone.

Question 18Management of public funding (ESIF, recovery & reform, public procurement, state aid)

What minimum share of RRF funding must support digital objectives?

  1. 50%
  2. 10%
  3. 20% Correct answer.
  4. 37%

Explanation

The RRF Regulation sets a minimum digital target of 20% of the facility's allocation. The separate climate target is 37%.

Question 19Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Under Directive 2014/24/EU, a contract modification without a new procurement procedure is permitted where the modification is below which threshold for works and for services/supplies?

  1. 5% of the original contract value
  2. 15% for works; 10% for services and supplies Correct answer.
  3. 20% for all contracts
  4. 10% for both works contracts and services or supplies contracts

Explanation

The directive allows a modification without a new procedure where its value is below 15% of the original contract value for works and 10% for services and supplies. These thresholds apply to the specific modification and are subject to the other conditions in the directive.

Question 20Management of public funding (ESIF, recovery & reform, public procurement, state aid)

In cohesion policy, a financial instrument differs from a grant mainly because it:

  1. Does not require any co-financing from the Member State or the beneficiary
  2. Provides repayable support such as loans or guarantees, not grants Correct answer.
  3. Cannot be used for SME support
  4. Is always funded entirely by the EU budget

Explanation

Financial instruments provide repayable support, for example loans, guarantees or equity, and are designed to be revolving. Grants are non-repayable subsidies, although both may support similar policy objectives.

Question 21Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Which combination correctly states the cumulative criteria for a measure to be caught by Article 107(1) TFEU?

  1. A tax exemption, an export activity, a single market impact, and a Commission decision
  2. A notified scheme, an SME beneficiary, a regional objective, and a national budget line
  3. State resources, an advantage, selectivity, and an effect on trade and competition Correct answer.
  4. A public contract, a tender procedure, a cross-border element, and a de minimis certificate

Explanation

Article 107(1) requires aid granted by a Member State or through State resources, conferring an advantage on an undertaking, that is selective and distorts or threatens to distort competition and affects trade between Member States. These criteria are cumulative.

Question 22Management of public funding (ESIF, recovery & reform, public procurement, state aid)

When a tender appears abnormally low, what must the contracting authority do before rejecting it?

  1. Refer the tender to the European Commission for a decision
  2. Cancel the procurement procedure immediately
  3. Request written explanations and examine them Correct answer.
  4. Automatically award the contract to the next-best tenderer

Explanation

The contracting authority must ask the tenderer to explain the price or costs and examine the explanations before deciding whether to reject the tender. Rejection is possible only if the explanations do not satisfactorily account for the low level of price or cost.

Question 23Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Under the RRF Regulation, what may the Commission do if a Member State has not satisfactorily fulfilled a milestone or target?

  1. Disburse the full instalment and open an infringement procedure
  2. Refer the matter to the European Court of Auditors for a binding ruling on the milestone
  3. Automatically terminate the entire national recovery and resilience plan
  4. Suspend the instalment and, after hearing the Member State, reduce or cancel it Correct answer.

Explanation

Where milestones or targets are not satisfactorily fulfilled, the Commission may suspend payment of the relevant instalment. After giving the Member State the opportunity to be heard, it may reduce or cancel the amount, in line with the RRF Regulation.

Question 24Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Where aid is found unlawful and incompatible, what is the standard consequence under EU State aid law?

  1. The beneficiary must pay a fixed fine to the Commission and lose all future funding
  2. The Member State must recover the aid, with interest, from the beneficiary Correct answer.
  3. The aid is automatically converted into a grant
  4. The Member State must notify the aid retrospectively

Explanation

The Commission requires the Member State to recover unlawful and incompatible aid from the beneficiary, including interest, in order to restore the situation that existed before the aid was granted. Recovery is the standard remedy for restoring effective competition.

Question 25Management of public funding (ESIF, recovery & reform, public procurement, state aid)

What is the role of the audit authority in a cohesion policy programme?

  1. To chair the monitoring committee
  2. To select the operations that will receive EU funding and approve their budgets
  3. To assess management and control systems and audit a sample of operations Correct answer.
  4. To certify expenditure to the European Commission

Explanation

The audit authority provides independent assurance on the effective functioning of the management and control systems and audits a sample of operations. It does not manage or select operations and does not certify expenditure.

Question 26Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Under the 2021–2027 cohesion policy rules, what happens to an amount committed to a programme for which the managing authority has not submitted a sufficient payment application within the applicable time limit?

  1. It is converted into a financial instrument managed by the Commission.
  2. It is reallocated by the European Parliament among Member States.
  3. It is automatically decommitted. Correct answer.
  4. It is carried over to the next programming period without any decision.

Explanation

Cohesion policy funding is subject to the automatic decommitment rule (the 'n+3' rule), under which commitment amounts not covered by pre-financing or payment applications within the deadline are decommitted by the Commission. The rule exists to keep implementation on schedule. Decommitment frees the amounts, which may be re-programmed, but the decision is automatic and follows the regulation rather than a discretionary political choice.

Question 27Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Under Article 108(3) TFEU, what must a Member State do before putting a proposed new State aid measure into effect?

  1. Notify the Commission and await its authorisation. Correct answer.
  2. Obtain a prior opinion from the European Court of Auditors.
  3. Inform the European Parliament in writing of the planned measure.
  4. Publish the aid scheme in the Official Journal for objections.

Explanation

Article 108(3) TFEU establishes the standstill obligation: aid must be notified to the Commission and may not be implemented until the procedure has resulted in a positive decision. Aid granted in breach of this obligation is unlawful, even if it would later be found compatible. The notification duty rests on the Member State, not on the beneficiary.

Question 28Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Which public procurement procedure allows any interested economic operator to submit a tender in response to a published contract notice?

  1. The negotiated procedure without prior publication
  2. The open procedure Correct answer.
  3. The innovation partnership
  4. The competitive dialogue

Explanation

In the open procedure any interested economic operator may submit a tender, and no separate selection or negotiation stage restricts participation beyond the published conditions. The other procedures either restrict participation (invited candidates, negotiated phases) or may be used only without prior publication in the specific cases listed in the directive.

Question 29Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Which body formally approves a Member State's Recovery and Resilience Plan, thereby giving it legal effect?

  1. The Commission, by delegated act
  2. The European Parliament, by absolute majority
  3. The Council, by implementing decision Correct answer.
  4. The Economic and Financial Committee, by opinion

Explanation

The Commission assesses the plan and proposes a Council implementing decision, which the Council adopts to approve the plan and set out the milestones, targets and financial contribution. This follows from Article 20 of the RRF Regulation. The Commission's act is a proposal, and Parliament has information and scrutiny rights rather than the approval decision itself.

Question 30Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Under Directive 2014/24/EU, which requirement applies to the award criteria set by a contracting authority?

  1. They must be pre-approved by the national audit body.
  2. They must be kept confidential until the contract is signed.
  3. They must be linked to the subject-matter of the contract. Correct answer.
  4. They must give decisive weight to the lowest price offered.

Explanation

Award criteria must be linked to the subject-matter of the contract, meaning they must concern the works, supplies or services to be provided, and must be disclosed in advance in the procurement documents. They may take account of quality, price, cost-effectiveness or life-cycle costs. They must not confer an unrestricted freedom of choice on the contracting authority.

Question 31Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Which provision of the Treaty on the Functioning of the European Union declares aid to make good damage caused by natural disasters or exceptional occurrences compatible with the internal market?

  1. Article 107(3)(c) TFEU
  2. Article 107(2)(b) TFEU Correct answer.
  3. Article 106(2) TFEU
  4. Article 107(1) TFEU

Explanation

Article 107(2)(b) TFEU provides that aid to make good the damage caused by natural disasters or exceptional occurrences is compatible with the internal market; the Commission's assessment is limited to verifying the causal link and the absence of overcompensation. It is a mandatory compatibility ground rather than a discretionary one. Aid under Article 107(3)(c) is subject to a balancing assessment.

Question 32Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Under the Common Provisions Regulation 2021–2027, what is the effect of the enabling conditions attached to programmes?

  1. They replace the partnership agreement as the strategic reference document.
  2. They prescribe the statistical sampling method used by the Commission in audits.
  3. They set the maximum EU co-financing rate applicable to each priority axis.
  4. They must be met before expenditure is reimbursed from the fund. Correct answer.

Explanation

Enabling conditions are preconditions, either horizontal or thematic, that must be fulfilled for the related expenditure to be eligible for reimbursement; where they are not fulfilled, the Commission may suspend payments and the Member State must remedy the situation. They are verified in the performance framework and listed in the programme. They do not fix co-financing rates, which are set in the programme itself.

Question 33Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Under Directive 2014/24/EU, which of the following constitutes a mandatory ground for excluding an economic operator from a procurement procedure?

  1. Grave professional misconduct
  2. Conviction for fraud or money laundering Correct answer.
  3. Failure to pay social security contributions in the country of establishment
  4. Poor performance on an earlier public contract

Explanation

Article 57(1) lists convictions for certain criminal offences, including fraud, corruption, money laundering and terrorist financing, as mandatory exclusion grounds that contracting authorities must apply. Optional grounds, listed in Article 57(4), cover matters such as unpaid taxes and earlier poor performance. Mandatory grounds leave no margin of discretion once established, although the operator may seek reinstatement after remedial measures.

Question 34Management of public funding (ESIF, recovery & reform, public procurement, state aid)

Under Council Regulation (EU) 2015/1589, what limitation period applies to the Commission's power to recover unlawful aid?

  1. Ten years from the date the aid was granted Correct answer.
  2. Three years from the date the investigation is opened
  3. Five years from the date the aid was granted
  4. No limitation period applies to recovery orders

Explanation

Article 17 of Regulation (EU) 2015/1589 sets a limitation period of ten years for the recovery of aid, running from the date the aid was granted. The period is interrupted by any action taken by the Commission or by a Member State acting at the Commission's request. After expiry, recovery may no longer be ordered.

Question 35EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

Under the ordinary legislative procedure, which two institutions must adopt a legislative act jointly?

  1. The European Commission and the Council
  2. The European Parliament and the Council Correct answer.
  3. The European Parliament and the Commission
  4. The Council and the European Council

Explanation

Article 294 TFEU provides that the European Parliament and the Council adopt legislative acts jointly on a proposal from the Commission. The European Council defines general political directions only and, under Article 15(1) TEU, does not exercise legislative functions.

Question 36EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

Which institution holds the general right to initiate EU legislation?

  1. The European Commission Correct answer.
  2. The Committee of the Regions
  3. The European Parliament
  4. The Council of the European Union

Explanation

Under Article 17(2) TEU, Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise. Parliament and the Council can request proposals but do not hold the general initiative.

Question 37EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

How often does the presidency of the Council of the EU rotate among member states?

  1. Every twelve months
  2. Every two years
  3. Every six months Correct answer.
  4. Every three years

Explanation

The Council presidency rotates every six months, following the order set by a European Council decision. Presidencies are grouped in trios that jointly prepare an eighteen-month programme.

Question 38EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

Which Council configuration prepares and follows up European Council meetings and coordinates the Council's overall work?

  1. The Justice and Home Affairs Council
  2. The Economic and Financial Affairs Council
  3. The Foreign Affairs Council
  4. The General Affairs Council Correct answer.

Explanation

The General Affairs Council is responsible for consistency and continuity in the Council's work and for preparing and following up European Council meetings. The Foreign Affairs Council deals with external action and is chaired by the High Representative.

Question 39EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

The European Council's role in the EU legislative process is best described as:

  1. Setting political priorities without legislating Correct answer.
  2. Adopting the final text of most EU laws
  3. Chairing trilogues on behalf of the Council
  4. Amending Commission proposals at first reading

Explanation

Article 15(1) TEU states that the European Council gives the Union the necessary impetus for its development and defines general political directions and priorities, but it shall not exercise legislative functions. Legislative adoption stays with Parliament and the Council.

Question 40EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

In the consultation procedure, what is the European Parliament's role?

  1. It co-decides the text with the Council
  2. It gives a non-binding opinion that the Council must request Correct answer.
  3. It must give its consent before adoption
  4. It has no formal role in the procedure

Explanation

Under the consultation procedure, Parliament delivers an opinion which the Council is obliged to obtain but not to follow; failure to consult makes the act annullable. Consent, by contrast, gives Parliament a veto and is used in the special legislative procedures where the Treaties so provide.

Question 41EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

The EU Transparency Register, based on the 2021 interinstitutional agreement, is a joint register of interest representatives covering:

  1. The Council of the EU and the Committee of the Regions
  2. The European Parliament, the Council and the Commission Correct answer.
  3. The European Parliament and the Court of Justice of the EU
  4. The European Commission and the European Central Bank

Explanation

The 2021 interinstitutional agreement on a mandatory transparency register was concluded by Parliament, the Council and the Commission, and all three are covered by its conditionality and publication requirements. The Court of Justice and the ECB are not part of that register.

Question 42EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

For most internal market legislation, what is the default voting rule in the Council?

  1. Unanimity
  2. Simple majority
  3. Qualified majority Correct answer.
  4. A reinforced qualified majority

Explanation

Article 16(3) TEU provides that the Council acts by qualified majority except where the Treaties provide otherwise. Unanimity applies only in the specific areas where the legal basis so requires, such as certain taxation measures.

Question 43EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

Under the Lisbon double-majority rule, a qualified majority in the Council requires at least:

  1. 55% of member states representing at least 65% of the EU population Correct answer.
  2. Two thirds of member states representing at least 60% of the EU population
  3. Half of the member states representing two thirds of the EU population
  4. 55% of member states representing at least 55% of the EU population

Explanation

Article 16(4) TEU defines qualified majority as at least 55% of Council members, comprising at least fifteen member states, representing at least 65% of the Union's population. A blocking minority must include at least four member states.

Question 44EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

A Council presidency trio consists of:

  1. The current, the preceding and the following presidency Correct answer.
  2. The three largest member states by population
  3. The Council, the Commission and the Parliament presidencies
  4. Three member states elected by the Council for two years

Explanation

Member states are grouped in threes, and the trio prepares an eighteen-month programme agreed with the Commission and the Parliament. Within that framework each presidency sets its own six-month priorities.

Question 45EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

What is a trilogue in the EU legislative process?

  1. Informal talks between Parliament, Council and Commission Correct answer.
  2. The formal conciliation meeting provided for in Article 294 TFEU
  3. A public hearing held by Parliament's lead committee
  4. A meeting of a Council working party with Commission experts

Explanation

Trilogues are informal negotiations involving representatives of the Parliament, the Council and the Commission aimed at a provisional agreement that must still be formally adopted by the two co-legislators. They take place at each reading stage and are distinct from the formal conciliation committee.

Question 46EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

The Commission adopts a measure supplementing non-essential elements of a legislative act on the basis of an empowerment contained in that act. What kind of act is this?

  1. A comitology act adopted by a committee
  2. An implementing act under Article 291 TFEU
  3. A legislative act of the Council
  4. A delegated act under Article 290 TFEU Correct answer.

Explanation

Article 290 TFEU allows the legislator to delegate to the Commission the power to adopt non-legislative acts of general application that supplement or amend non-essential elements of a legislative act. The delegation must state objectives, content, scope and duration, and the co-legislators retain rights of objection and revocation.

Question 47EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

What triggers the 'yellow card' in the subsidiarity control mechanism?

  1. One third of the national parliaments or chambers Correct answer.
  2. A majority of the national parliaments or chambers
  3. One quarter of the parliaments in all policy areas
  4. Two thirds of the national parliaments or chambers

Explanation

Under Protocol No 2, a yellow card is triggered when reasoned opinions on a breach of subsidiarity represent at least one third of the votes allocated to national parliaments, with each parliament holding two votes. The threshold is one quarter in the area of freedom, security and justice.

Question 48EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

How long do national parliaments have, from transmission of a draft legislative act, to submit a reasoned opinion on subsidiarity?

  1. Six weeks
  2. Eight weeks Correct answer.
  3. Four weeks
  4. Twelve weeks

Explanation

Protocol No 2 gives national parliaments eight weeks from the date of transmission of a draft legislative act in the Union's official languages. The Commission must review the draft and state reasons if it decides to maintain it after a yellow card.

Question 49EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

What is the role of the Regulatory Scrutiny Board in the Commission's better regulation system?

  1. A committee of member-state experts supervising implementing acts
  2. An internal Commission board reviewing draft impact assessments Correct answer.
  3. A Council working party that checks legal bases
  4. A Parliament committee of inquiry into regulatory failures

Explanation

The Regulatory Scrutiny Board is an independent body inside the Commission, composed of Commission officials and external members, which issues opinions on draft impact assessments and on major evaluations and fitness checks. A negative opinion requires the service to revise and resubmit its report.

Question 50EU governance and policy-making (better regulation, EU decision-making, negotiations, EU presidency)

Under the 'evaluate first' principle, what must the Commission do before proposing to revise an existing EU law?

  1. Notify the Council presidency of the revision
  2. Request an opinion from the European Court of Auditors
  3. Assess how the existing legislation has performed Correct answer.
  4. Launch a formal trilogue with Parliament

Explanation

The better regulation guidelines require that existing legislation be evaluated before any revision is proposed, so that the impact assessment builds on evidence about relevance, effectiveness, efficiency, coherence and EU added value. Evaluations and fitness checks therefore precede the decision to revise.