2. European Law - Institutions

Question 1

European Council

Answer 1

• (Arts 15 TEU; 235-236 TFEU)
• Established by the Lisbon Treaty of 2007
• European summits (4 times a year, turned into a permanent EU institution)
• The President of the European Council is elected for 2 1/2 years by the European Council

Question 2

European Council Tasks

Answer 2

1) Consulting on topical political issues
2) Defining general policy direction of EU
3) Non legislative role!

Question 3

Council Tasks

Answer 3

1) The Council links the EU to the Member States
2) Final decision on the adoption of secondary legislation, exercised jointly with the European Parliament where the co-decision procedure applies
3) Legislative role!
4) Council members represent national interests

Question 4

Council Presidency

Answer 4

1) Held by each MS, in rotation, for six months

2) Before taking office, the MS sets the programme for its Presidency

Question 5

Council Voting

Answer 5

1) Voting rules vary according to the Treaty requirement for the particular
matter
1.1) Unanimity (in sensitive areas affecting national sovereignty)
1.2) Qualified majority (required in most areas)
1.3) Simple majority (rarely sufficient)

Question 6

Council Voting - Qualified majority vote (QMV) :

Answer 6

The larger the MS the more votes it holds (e.g. Germany and France: 29 each, Malta: 3)

Question 7

Council Voting - A qualified majority (QM):

Answer 7

The number of votes required in the Council for a

decision to be adopted

Question 8

Council Voting - ‘Double Majority’ rule (2014):

Answer 8

Here, when the Council votes on a proposal by the Commission or the EU’s High Representative for Foreign Affairs and Security Policy, a QM is reached if two conditions are met: (1) 55 % of EU countries vote in favor; (2) the proposal is supported by countries representing at least 65 % of the total EU population .

Question 9

When the Council votes on a proposal not made by the Commission or the High Representative, a decision is adopted if:

Answer 9

1) there are 72 % of EU country votes in favor; and

2) they represent at least 65 % of the EU population.

Question 10

Basic idea of voting within the Council:

Answer 10

to avoid both domination by few big MS and domination of an alliance of small MS (Gulliver effect). Since 2014 a blocking minority must include at least four MS.

Question 11

European Commission Tasks

Answer 11

1) Formulates policies and proposes legislation
2) Executive role, no legislative powers
3) Delegated powers
4) Guardian of EU law, bringing actions against MS or individuals in breach
5) Manages EU budget
» The EU Commission is the most European minded
institution

Question 12

European Commission Composition

Answer 12

1) One Commissioner for each MS (at present 27)
2) According to Art 17(5) TEU the Commission should consist of only a number of members corresponding to 2/3 of the number of MS.
3) Commissioners are not supposed to be representatives of the MS: They must be completely independent, neither seeking or taking instructions from MS Governments

Question 13

Council Composition

Answer 13

1) Comprises ministers of the MS

2) Membership changes according to the issue under discussion

Question 14

European Council

Composition

Answer 14

1) Heads of State or Government of MS
2) President of the European Council
3) President of the European Commission
4) High Representative of the Union for Foreign Affairs and Security Policy

Question 15

European Commission Appointment and removal

Answer 15

1) The President of the European Commission is nominated by the European Council and elected by the European Parliament
2) Commissioners are nominated by the Council and the President elect of the Commission, and appointed by the European Council following the approval of the European Parliament
3) Appointment for a renewable five year term
4) Parliament can remove the entire Commission by vote of censure but has no
power to remove individual Commissioners
5) Compulsory retirement of a Commissioner for failure to perform his/her duties or for serious misconduct

Question 16

European Commission Organisation:

Answer 16

1) Directorate General (s) administrative departments overlapping with Commissioner‘s portfolios allocated by the President
2) Supported by a staff of ca. 33,000 (total number of EU employees: 50,000, growing role of freelancers and outsourcing)

Question 17

European Parliament powers:

Answer 17

1) Participation in the legislative process
2) Originally only advisory, now in all areas where the co decision procedure applies
approval by the Parliament indispensable
3) Right to approve and dismiss the Commission
4) Power of scrutiny
5) Power to reject the annual budget
» The Parliament increased its powers with the Amending Treaties

Question 18

European Parliament Composition:

Answer 18

1) Members of the European Parliament (at present 751) directly elected in the Member States
2) Number of seats allocated to the Member States on the basis of population size and ‘degressive proportionality‘ (largest MS: 96, smallest MS
3) No equal vote, contributes to the ”democratic deficit“ of the EU

Question 19

Elections to the European Parliament:

Answer 19

1) Every five years , last held in May 2019;
2) Separate country lists
3) No majority voting system , proportional representation
4) No uniform standards , National Electoral Law on the European Election
5) Varying seat allocation methods
6) Different electoral thresholds
7) EU citizens are free to vote for any party list
of their country of origin or state of residence
» After the election, MEPs can form multinational
groups

Question 20

Court of Justice of the European Union/ECJ = CJEU

Answer 20

• Interpretation and application of the Treaties
• Review of the legality of acts of the EU institutions
• Preliminary rulings (Art 267 TFEU)
– concerning the interpretation of the Treaties and acts of the institutions where such as question is raised in a case pending before a court or tribunal of a MS

Question 21

Court of Justice of the European Union Composition

Answer 21

One Judge from each MS and eight Advocates General

Question 22

How did the adjudication of the ECJ contributed a lot to the development of EU Law and its supremacy?

Answer 22

1) Establishing the principles of direct effect and state liability
2) Upholding the fundamental principles of the free market
3) Furthering the rights of individuals
4) Establishing the effect utile principle (effectiveness principle)

Question 23

What are the two Advisory Bodies??

Answer 23

1) Economic and Social Committee (Arts 300, 301
304 TFEU)
2) Committee of the Regions (Arts 300, 305 307
TFEU)