EU Law
Answer each of the following questions in ca. 410 words: Trilogue is an informal negotiation procedure in EU legislation. 1. Does trilogue contravene written EU primary law? (referring to Article 293 para. 2 TFEU) Take into account the decision of the CJEU (Grand Chamber), April 14th, 2015, Case C-409/13 Council of the European Union v European Commission. In this decision, the CJEU found that the Commission may withdraw a legislative proposal even though Article 293 para. 2 TFEU expressly only mentions the possibility to alter a proposal (marginal numbers 71-75 and 83). The CJEU does not mention the Trilogue procedure but insists on the ordinary legislative process according to the black letter law of Article 294. 2. Do you agree with the CJEU that Article 293 para. 2 TFEU allows the Commission to withdraw a legislative proposal? 3. How does this judgment affect the power relations between Commission, Council and European Parliament in the EU legislative process? 4. What is your general assessment of the Trilogue in light of the CJEUs decision?
