The current President is Jean-Claude Juncker, who took office on

1 November 2014. He is a member of the European People's Party

(EPP) and is the former Prime Minister of Luxembourg

This institution comprises the college of heads of state or

government of EU member states and provides political
direction to the European Union (EU). The current president
is the former Polish Prime Minister Donald Tusk.
 The EEC Treaty (Art 7 EC)

The Merger Treaty 1965

(ECSC & EURATOM)

The Treaty on Europe Union (TEU)

The Treaty of Lisbon (Art 13 TEU)

They can ‘act’ = they can create binding measures

 President
(Art 15(5) TEU)
Election (2½ yr term)
Chairs meeting every 6 months

President of the Commission

Heads of state/govt
of MS

The High Representative for

Ministers for Foreign Affairs
Foreign Affairs & Security
Policy
(He/she is appointed by the
Council, on QMV & agreed by
the Pres. of the Commission)
• Arose out of informal meeting

• Held regular meeting (6 monthly)

• High level decision

• No legislative powers (political powers)

• Task: To provide the Union with the necessary impetus for

development and to define the general political guidelines of the
EU

• Has standing before the Court of Justice

 Art 13 & 14 TEU; Art 223 & 224 TFEU (ex Art 189-201 EC)

• Greatest institutional changes

• Formerly consultative role

• Now role of co-legislator, scrutiny & supervision over other institutions

• Co-legislator means it does not have sole power to enact legislation

• Its power remains a negative one; it can veto legislation but it cannot
propose it
 Art 14 TEU ; Art 223-234 TFEU
•Direct election (> 1979); by proportional representation
• (Art 14 TEU); Max number per country = 96; Min =6
• Present MEPs = 766
• 5 yr term
• It elects a President & 14 VPs
• Its own Rules of Procedure (Art 232 TFEU)
• 20 Standing Committees (Chair, Vice-Chair & Secretariat) to adopt
reports on legislative proposals
• Can appoint Ombudsman (Art 227 TFEU)
• Plenary session = Strasbourg (one wk per mth); Committee meetings =
Brussels; Secretariat = Luxembourg WASTEFUL!!
• Every EU citizen can vote (Art 20-25 TFEU); citizens
overseas also should be allowed to vote C-145/04 Spain v UK [2006]
(in Gibraltar); C-300/04 Eman and Sevinger v College van Burgemeester
[2006] (in Caribbean Island) Court of Justice
Low turnout at EP elections undermines its claims to address democratic
deficit
 Powers, role & functions

Powers Role and functions

Consultative

EP’s status in judicial review

EP & the Council proceedings
(Adopting Union budget)

EP’s role in the appointment of the Commission

Co-operation Procedure

Co-decision Procedure
(Ordinary Legislative Procedure) Art 294 TFEU
Treaty of Rome 1957
EP not mentioned as having
standing to bring an action
in judicial review
(Art 230 EC now Art 263 TFEU)
CoJ’s creative judgment (EP’s status
of an institution whose actions could be
judicially reviewed where they had legal
effects vis-à-vis third parties (“semi-
privilege applicant)
Case 294/83 Les Verts v EP [1986]
Case 302/87 EP v Council (Comitology [1988]
Case 70/88 EP v Council (Chernobyl) [1990]
Treaty of European Union 1992
Status of EP as a privileged applicant
= same status as the Council, the
Commission & MS
= unrestricted standing in judicial review
to challenge other institutions
Art 230 EC (now Art 263 TFEU)
Case C-295/90 EP v Council Re
Student Rights [1992]
Case C-187/93 EP v Council (Waste
Case) [1994]
• TEU: Appt of Commission (as a whole) subject to a vote of approval by EP

• ToA: President of the Commission also subject to majority approval of EP

• Censure vote: EP can, by a 2/3 majority force Commission as a whole to resign

Art 234 TFEU (ex Art 201 EC)

• ToN & ToL: EP can still only approve Commission as a whole; EP’s consent , then
the Council appoints Commission by a qualified majority

• Commission must reply to EP’s oral & written questions (Art 230 TFEU. Ex Art 197
EC)

• Council should reply to EP’s questions (EP’s Rules of Procedure 44-46)

• Total questions per year: 4500 written & 600 for oral response (important for
scrutiny of the institutions by EP)
1. When did the European Parliament become directly electable?

2. How many MEP’s does it consist of and how are they organised?

3. Where does the Parliament sit?

4. What is the ‘democratic deficit’?

5. List the primary functions of the European Parliament.

6. List its powers.

7. What role did the Parliament play in the legislative procedures of the Community
in 1957?

8. Describe the European Parliament’s role in the consultation procedure.

9. Describe the European Parliament’s role in the adoption of the Commission?

10. How does the Parliament exert control over the Commission?
1. 1979
2. The Lisbon Treaty raised this number to 766 MEPs. Election of MEPs
is by proportional representation by the citizens in the Member States. The
maximum number of MEPs per country is 96, the minimum being 6. They are
elected for a term of 5 years.
3. Parliament has 2 meeting places; Strasbourg – which serves 12 four-day plenary
sessions per year; Brussels, Belgium which serves committee meetings and
complimentary plenary sessions; the secretariat is in Luxembourg.
4. The EU is said to be suffering from a ‘democratic deficit’ means it falls short of
fulfilling the principle of parliamentary democracy in practice.
For example:
a. Originally it was not a democratically elected institution
b. It does not have the sole power to enact legislation
c. Its power remains a negative one; it can veto legislation but it cannot propose it
d. The low turnout at European Parliamentary elections.
5. The primary functions of Parliament are:
a. Legislative (co-decision procedure) and budgetary functions (Art 14 TEU)
b. Supervision of the Commission (Art 230 TFEU)
c. Appointment of Ombudsmen (Art 228 TFEU)
6. The powers of Parliament:
a. Power in relation to budget. It can influence the movement of money to policies
to comply with its priorities.
b. Power to dismiss the Commission en bloc (Art 17(8) TEU and Art 234 TFEU)
7. In 1957 Parliament’s only role in the enacting of legislation under the Treaty was
to be ‘consulted’ when required by the Treaty.
8. Parliament’s role in the consultation procedure:
Where required by the Treaty, the Council had to send its final legislative proposal to
Parliament for its opinion before the proposal could be legislated. The Council did not
have to incorporate Parliament’s opinion or give reasons for rejecting it.
However, Case 137/79 Roquette Freres v Council [1980] the ECJ ruled that
Parliament must be consulted when so required by the Treaty. Failure to observe this
essential procedural requirement is a ground for annulment.
9. Under the Lisbon Treaty and Nice Treaty, Parliament can still only approve the
entire Commission as a body. On the basis of Parliament’s consent the European
Council then appoints the Commission by a qualified majority.
10. The Commission must reply to oral and written questions from Parliament (Art 230
TFEU). Each year Parliament poses roughly 4500 written questions and 600
questions for oral response. This is a significant part of Parliament’s role as a
scrutineer.
 Art 17 TEU & Art 244-250 TFEU

Represents Union’s interest Executive of the Union

Implements policies
Supervises implementation

Proposes new policies/legislation

Mediate between MS in the
Council

Guardian of the Treaties

(‘Watchdog’ for infringement of EU law)
Represents the EU in external relations
• One Commissioner per MS (= 28);
• Renewable 5-year term
• President of the Commission is proposed by the European Council to EP
• President is elected by EP by majority
• Commission as a whole is subject to a vote of approval by EP
• Vice Presidents are appointed by the President (one of them is the High
Representative of the Union for Foreign and Security Policy
• President selects Commissioners to hold which portfolio
• Decisions of Commissioners by simple majority
• EP has no power to veto individual Commissioners but the Commission
as a whole (it gives effective supervision of the Commission by EP)
• Initiates policies

• Decides on overall Commission policy

• Coordinate EU policy

• Decides on its internal organisation so that it can act consistently &

effectively as a whole

• Appoints/reshuffle VPs

• To request members of the Commission to resign after obtaining

approval from the College of Commissioners
 Several departments (under the DGs answerable to the Commissioners)

Compare to a state’s separation of powers, how would you classify the

Commission? Does it accord with the doctrine of separation of powers?
• To investigate infringements of the treaties by MS
• If possible, resolve informally by negotiation/discussion
• If not possible, bring the MS involved before the CoJ
• CoJ may declare an infringement (Art 258 TFEU ex Art
228 EC)
• Commission may bring a further action against the MS
if it has not comply with the Court’s judgment (Art 260
TFEU ex Art 228 EC)
• CoJ may impose a fine
• Develops policy & legislation on competition law

• Enforces these provisions against undertakings

(companies) which are in breach

• Investigates and makes a decision, imposing penalties

where appropriate
• A very important function

• It has the final say on whether the proposal is drawn up into

a legislative proposal

• It draws up the annual legislative programme

• It furthers the aim of completing the internal market (further

integration)
• It can legislate unilaterally in a limited number of areas
Art 45(3)(d) TFEU (ex Art 39(3)(d) EC
Art 106 TFEU (ex Art 86(3) EC
Joined Cases 188-190/80 France, Italy and UK v Commission [1982]

• When the Treaty gives the Commission a specific task, it confers on

the Commission impliedly the powers to carry it out
Joined Cases 281, 283-285, 287/85 Germany, France, the Netherlands
Denmark & the UK v Commission [1987]

• It enacts delegated legislation under powers conferred by the Council

• It puts forward policy intiatives e.g. the White Paper on Completing the
Internal Market (1985)
• Oversees & supervises the implementation of EU
policies & ensure uniform application

• Drawing up & adoption of the EU budget

• Has significant powers of expenditure i.e.

Common Agricultural Policy (CAP)
Structural funds (funds channelled to poorer regions
of EU
It represents the EU in its dealing with other states

or other international organisations (e.g. UN etc.)

• By EP (2/3 majority of votes cast)
• Can dismiss the Commission

• Yes, 1999
• On an allegation of fraud, mismanagement & nepotism against
the Commission
• 2/3 majority of EP not achieved, an independent committee of
inquiry was set up
• Individual members of the Commission were found guilty
• Commission as a whole was found to have failed to take
collective responsibility
• The whole Commission resigned
Art 16 TEU; Art 237-243 TFEU
•Formerly ‘the Council of Ministers’ now Lisbon Treaty refers it as ‘the
Council’
• It represents national interests
• It is the main legislative and decision-making body;
It considers legislative proposals from the Commission, by QMV decides
whether to enact them or not
• Members are representatives of the MS at ministerial level (e.g.
Agriculture Ministers attend meeting on agricultural matters & make up
the Agriculture Council
• There is a General Secretariat of the Council under a Sec-Gen who
oversees the day-to-day work of the Committee of Permanent
Representatives (COREPER)
• The COREPER prepares the work of the Council (Art 240(1) TFEU
 • QMV
• Unanimity
• Simple majority

Weighted system provided by Art 238(2) TFEU

ex Art 205(2) EC
 Double Majority

28 countries = total of 352 votes

QMV = 260 votes required

Double Majority = QMV has the backing

of 62% of EU population (Demographic
safety net)

Art 238 (2) TFEU

Weighted votes according to countries

Ger, Fr, Italy, UK = 29 each

Spain, Pol, = 27
Rom = 14
Netherlands = 13
Bel, Czek, Greece, Hun, = 12
Aus, Bul, Por, Swe, = 10
Den, Ire, Lit, Slovakia, Fin, Cr = 7
Cy, Est, Lat, Lux, Slovenia = 4
Malta =3

Total = 352
1. Define and state the role of the Council.

2. What would be the composition of the ‘transport Council’?

3. What are the requirements for a qualified majority vote to be approved?

4. What is the significance of the Council Presidency?

5. State the functions of the High Representative and of the President of the
European Council.

6. State the composition of the COREPER and explain its function.

7. Why does it matter whether voting is by Qualified Majority or unanimity?

1. The Council of the EU is the most important institution of the EU; it represents the
interests of the Member States and it is the primary legislator for the EU.
Role:
a. Originally it was the only legislator and this situation continued until the
Parliament was given a role in the adoption of legislation by the introduction
of the cooperation procedure in the SEA 1986.
b. It has the power to request the Commission to draw up legislative proposals
in some particular area under Art 241 TFEU (it has increasingly used this).

2. The Transport ministers from each Member State. They are authorised to commit
the government of that Member State.

3. QMV:
a. Up till 31 Oct 2014:
QMV = 255 votes (Protocol 36 Transitional Provisions, ex Art 205 EC)
Where legislative proposal does not come from the Commission, a ⅔ majority
is required in addition to the QMV as above.
A MS may ask for confirmation that the votes in favour represent at least 62%
of the total population of the EU.
 b. >2014: QMV has 3 requirements:
i. 55% of the MS
ii. 65 % of the EU population
iii. If proposal not from ommission/High Representative, 72% of MSs
representing 65% of the population.

4. Presidency rotates among the MSs every 6 months.

The country which occupies the Presidency chairs all meetings of the Council
(this has become an increasingly high profile role with MSs adopting an agenda
for their Presidency)

5. Functions of the High Representative

i. To act as Vice-President of the Commission & a member of the E. Council
ii. To conduct the EU’s Common Foreign & Security Policy
iii. To preside over the Foreign Affaires Council.
iv. To ensures consistency of EU’s external action.

Functions of the President of the E. Council

i. To act as President of the E. Council for 2½ years
ii. Chairing & driving the E. Presidency towards its work
iii. Endeavours to facilitate consensus
iv. Reports to the E. Parliament after each of its meetings.
6. COREPER i.e. Committee of Permanent Representatives.
It consists of national officials i.e. Ambassadors/Deputy ambassadors:
i. Prepares the agenda for Council meetings
ii. Where possible, agreement will be reached by negotiation/discussion in the
COREPER meetings prior to the meetings of ministers.
iii. Only items that cannot be agreed at this level will be debated at ministerial level.
iv. It consults working parties of national experts
v. It is an important link between national administrations and the EU.

7. When decision-making is by unanimous vote:

i. Every MS has a veto.
ii. There is no incentive for countries to compromise or attempt to reach agreement.
iii. Decision-making is very difficult, especially as the number of MSs involved
increases.

When QMV is introduced:

i. Discussions are carried out in the knowledge that any MS may be overruled.
ii. MSs under pressure to compromise and find solutions, where they can achieve
at least some of their objectives.
iii. It takes a number (albeit a minority) of MSs to block a legislative measure.