Institutions of the EU

Dr. Anja Wiesbrock

7/10/2010
EU INSTITUTIONS AND ORGANS
Article 13 TEU:
• European Parliament
• European Council
• Council (of Ministers)
• European Commission
• Court of Justice of the EU
• Court of Auditors
• European Central Bank
• ECSC, Committee of the Regions
EUROPEAN COUNCIL (art 15 TEU)
• New institution
• Composition:
– Heads of State and Government + President of
the European Council + President of the
Commission
• Tasks:
– No legislative body
– Policy priorities, agenda setting
THE PRESIDENT OF THE EC
• New figure in the institutional framework
• Elected by QM for 2 ½ years
• Cannot hold a national office
• Tasks
– Chairs EC
– Ensures preparation and continuity of EC work
– Facilitates cohesion and consensus within EC
– ‘external representation of the EU’
EUROPEAN COMMISSION (17 TEU)
• Independent, promoting general interest
• Composition
– Until 2014  1 Commissioner/MS
– After 2014  2/3 of the number MS (equal rotation)
– Coupled with civil service DG’s
• Appointment of the President
– Taking account of elections of EP…
– By QMV EC proposes candidate to EP
– Candidate elected by EP majority
• Vice President = High Representative for Foreign
Affairs
EUROPEAN COMMISSION
• Tasks
– Legislative role: right of initiative
– Manages & implements EU policies
– Supervises enforcement & implementation of
EU Law  ‘guardian of the Treaties’
– Implementation EU budget
– External representation of the EU
COUNCIL OF MINISTERS (art 16)
• Composition
–1 delegation per MS
–Presidency: 3 MS per 18 months
–No loner linked to President EC
–Different configurations, e.g. Foreign Affairs Council,
General Affairs Council
 Chaired by Representatives of Presidency
• High Representative for Foreign Affairs
– Double hat function
– Conducts CFSP & chairs Foreign Affairs Council
– Supported by European External Action Service
COUNCIL OF MINISTERS
• Tasks
– Legislative function: adopt legislation together
with EP
– budget
QMV in the Council of Ministers
• Until Nov. 2014
– on COM proposal
– 255 votes + majority of MS + 62% population
• From Nov. 2014
– On COM or high representative proposal
– 55% MS + ≥ 15 MS + 65% population
• Transition period until 31 March 2017
• Blocking minority = at least 4 MS
EUROPEAN PARLIAMENT (art 14)
• Composition
– 700+ seats
– Direct elections
– Political Factions
– In the future: ‘degressive proportionality’
• Tasks
• Decision-making Power
• Democratic supervision
• Authority over the EU budget
NATIONAL PARLIAMENTS (art 12)
• Control of subsidiarity principle
• 8 weeks to give a reasoned opinion
• Yellow card
– Contested by 1/3 of national Parliaments
 Proposition re-examined (maintained, amended or
withdrawn)
• Orange card
– Contested by > ½ national Parliaments
– Proposition maintained by the Commission
 The legislator decides before the 1st reading whether
or not to pursue the legislative procedure (majority of in the
EP or 55% Council)
EUROPEAN COURT OF JUSTICE
• Court of Justice
– One judge per MS, 8 AG’s
– Direct actions/Treaty Enforcement/Preliminary
Ruling
• General Court
• Specialised Courts
OTHER INSTIUTIONS
• ECOSOC
– Representatives of civil society
• Committee of the Regions
– Representatives of the Regions
• Court of Auditors
• ECB
– Monetary Policy
– Independent
Decision-making procedures
• Ordinary Legislative Procedure (former
codecision procedure) (art 294 TFEU)
– Commission initiates by proposing an act
– Both, Council and EP adopt the act
– Council decides by qualified majority
Decision-making procedures
• Special Legislative Procedures
• Consultation procedure:
– Unanimity or QMV in the Council; decision by
Council with consultation EP
• Consent procedure:
– Parliament can accept or reject a proposal
• Council + Commission action alone
• Commission acting alone
Legislative instruments (288 TFEU)
• Regulations
– Binding in its entirety, directly applicable
• Directives
– Binding as to the result
– Form and method up to MS
• Decisions
– Binding in its entirety for addressee
• Recommendations and opinions
– Not binding
Cases next week
• Van Gend en Loos (Case 26/62)
• Costa v ENEL (Case 6/64)
– Facts of the case
– Ruling
– Importance/relevance