THE INSTITUTIONS OF THE EUROPEAN UNION

Aims

• Need to understand the respective, composition, roles and powers of the institutions in relation to:

• (a) law making; and

• (b) enforcement of Community law

Article 7

• The tasks entrusted to the Community shall be carried out by the following institutions– A European Parliament – A Council – A Commission– A Court of Justice – A Court of Auditors

• Each institution shall act within the limits of the powers conferred upon it by this Treaty

Other Institutions

• The Court of First Instance

• The European Council

• The Economic and Social Committee

• The Committee of the Regions

• Judicial Panels

The Commission

• Articles 211-219

• 20 Commissioners

• Meet collectively as the College of Commissioners

The Commissioners

• Art 213

• general competence

• whose independence is beyond doubt act

• Commissioners must not take instruction from any person or government

Selection of Commission

• 20 Commissioners • appointed for five year term (same as EP but six

months later), usually renewable• President nominated by the Council (meeting as the

Heads of State) with a qualified majority• This Presidential nomination must be approved by

the EP• Other 19 ‘nominated’ by 15 Member States in

agreement with new President• President and other member designates are subject

to collective vote by the EP

Removing the Commission

• expiry of office,death,voluntary resignation• compulsory resignation under Article 216 Art 217

provides that a Commissioner shall resign if the President requests, after obtaining the approval from the other Commissioners

• vote of censure by EP ( Article 201- 2/3 majority vote)

The President

• Primus inter pares

• New Art 217 (post TN)-the Commission shall work under the political guidance of the President

Functions of the Commission

• Article 211• Participation in the formulation of policy and

initiation of legislation• Guardian of Treaty• Executive function

Policy Making/Initiation of legislation

• initiates legislation• prepares annual programme for legislation• drafts budget• plays a key part in the legislative process• prepares and develops Community policies

Guardian of the Treaty

• Art 211-ensures that the provisions of the Treaty and the measures taken by the institutions are applied

• Art 226 Commission may commence infringement proceedings against a Member state that is in breach of Community law

Executive Function

• Limited primary legislative power• France, Italy & UK v Commission 1980• Detailed implementation of Council decisions• Delegated legislation subject to comitology• Manages Community finances• Administers Community Competition Policies,

including Competition and Regional policy

The Council of the European Union

• (Council of Ministers)

• Not to be confused with European Council

• Arts 202-210

Composition

• Art 203-representatives from each MS

• At ministerial level

• Authorised to commit the Government of that MS

• Represents national interests

• President rotates every six months

Council

• Meets when convened by President of the Council

• Approx 80-100 Council meetings each year

• General Affairs Council (foreign ministers)

• ECOFIN-Economic and Finance Ministers

Presidency

• Rotates six monthly

• Convenes and chairs meetings

• Controls agenda

Functions of the Council

• Art 202• To ensure that the objectives set out in the

Treaty are attained. Council shall– To take general policy decisions– Ensure co-ordination of general economic policies

of Member States– Has power to take decisions– Conclude agreements with Foreign countries– Jointly decides budget with EP

Decision making

• Prescribed by Treaty

• Treaty determines voting mechanisms

• Unanimity

• Simple majority

• Qualified Majority vote

Qualified Majority Voting

• Used where specified in Treaty

• Member state has a weighted vote

• Requires 62 of 87 available votes in favour

COREPER

• Committee of Permanent representatives

• Senior civil servants

• Permanent and based in Brussels

• Responsible for preparing the work of the Council

European Council

• NOT Council of European Union!!• consists of Heads of state or Government of

the MS, plus the President of the Commission

• meets at least twice a year• provides Union with necessary impetus for

development • Defines general political guidelines for

European Union

European Parliament

• Articles 189-201

• Based in Strasbourg, Luxembourg and Brussels

• Increased powers

• 1957-originally an “Assembly”

• Direct elections from 1979 onwards

European Parliament Composition

• 626 MEPs (UK has 87)• TA- set a ceiling of 700• TN amended this ceiling- now set at 732

(UK will get 72 seats)• Parliamentary term every 5 years

Functions

• Supervisory function

• participation in legislative process

• budgetary function

• special powers

Supervisory

• Commission questions (Art 197)• vote of censure against Commission (Art 201)• use of budgetary powers to hold Commission

accountable• may question Council at Parliamentary debates• approve the incoming Commission (Art 214)• may set up Committee of Inquiry

• Parliamentary Ombudsman

Initiation of legal proceedings

• Art 23- European Parliament has right to commence legal proceedings before ECJ

Legislative

• Art 192 - Insofar as provided in this Treaty • the EP shall participate in the process leading

up to the adoption of Community acts• Can request Commission brings forward

legislative proposals-no right of initiation• Extent of participation determined by the law

making process used

Law making procedures

• Different procedures

• Use determined by the Treaty

• No EP involvement• Assent• Co-operation• Consultation• Co-decision

Powers of the Parliament

• Grown significantly since 1957

• Originally an advisory assembly

• Direct elections in 1979

• New law making procedures enhance powers of EP to participate in law making

• To address democratic deficit

Budgetary powers

• Increased by Budgetary Treaties

• Parliament now jointly exercise control over budget with Council

• EP final say over non-compulsory expenditure

European Court of Justice

• Arts 220-245

• Based in Luxembourg

• One judge from each MS

Judges

• Nominated by MS

• Independent

• Qualified for highest judicial appointment

• Six yearly term

• ECJ president

• Plenary sessions or chambers

Advocate General

• Assisted by 8 Advocates General

• Assigned to a case

• Deliver reasoned/impartial opinion

• Opinion not binding on ECJ

• Opinion useful to read

European Court of Justice

• Art 220

• The European Court of Justice and the Court of First Instance (each within its own jurisdiction) shall ensure that in the interpretation and application of this Treaty the law is observed

Jurisdiction

• Actions against institutions- brought by institutions, MSs or individuals (Arts 230-232, 235 and 288)

• Actions brought by Commission or MS against MS (Arts 226-228)

• Appellate jurisdiction from CFI on points of law

Jurisdiction

• Preliminary rulings (Art 234)

• Uniform interpretation of Community law

Court of First Instance

• Established in 1986 by SEA

• Jurisdiction-Art 225 Treaty

• Judicial review actions brought by individuals

• Staff cases

• Now has power to give preliminary rulings since Treaty of Nice.

Other Institutions

• The Economic and Social Committee

• The Committee of the Regions

Summary

• Institutions established by the EC Treaty

• Treaty defines composition, powers and responsibilities

• No strict separation of power

• Each institution reflect different interests

• Other institutions