2. European Union Institutions Flashcards
EU Institutions
The Union’s institutions shall be:
the European Parliament,
the European Council,
the Council of the EU,
the European Commission (‘the Commission’),
the Court of Justice of the European Union,
the European Central Bank, and
the Court of Auditors.
Each institution shall act within the limits of the powers conferred on it in the Treaties and in conformity with the procedures, conditions and objectives set out in them.1
Under the Lisbon Treaty, the European Council and the European Central Bank were granted institutional status, meaning that they are now able to make binding decisions as opposed to fulfilling a more advisory role.
Charter of Fundamental Rights of the European Union
The Lisbon Treaty also modified the existing treaties by promoting the Charter of Fundamental Rights of the European Union (‘the Charter’) to have the same legal status as the treaties themselves, therefore making it legally binding on the institutions.
The precise applicability of the Charter has been the subject of considerable debate even since the Lisbon Treaty. Strictly speaking, the Charter’s provisions do not extend the competencies of the EU and are binding upon member states ‘only when they are implementing Union law’ rather than at all times. Furthermore, Poland and the UK, who were concerned that the Charter would constrain their ability to legislate or force them to change their positions on issues governed by the Charter, signed a protocol regarding the application of the Charter in their national territories. The protocol purported to disapply the Charter in relation to Poland and the UK except insofar as the rights and principles that it contained were already provided for in national law. The Court of Justice has since made it clear that this ‘opt-out’ was ineffective because the Charter had only ever proclaimed pre-existing rights. However, in the UK, the Charter’s applicability will need to be freshly reconsidered following withdrawal from the EU (‘Brexit’).
European Parliament
The Lisbon Treaty defines the European Parliament as follows:
The European Parliament shall, jointly with the Council, exercise legislative and budgetary functions. It shall exercise functions of political control and consultation as laid down in the Treaties. It shall elect the President of the Commission.
Representation of citizens shall be degressively proportional, with a minimum threshold of six members per member state. No member state shall be allocated more than [96] seats.
The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph.
The European Council
The European Council is a separate institution to the Council of the European Union.
The European Council consists of the heads of government of each EU member state, the European Council President (currently Charles Michel) and the President of the European Commission.
The European Council began life as an informal body in 1974. It did not gain formal status until the Treaty of Maastricht in 1992, which established it as a forum where heads of state or governments could discuss issues affecting the community.
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The Council meets at least twice every 6 months in Brussels. It does not have the power to initiate or pass laws. Instead, it decides on EU’s priorities and political direction.
The European Council appoints the president, vice-president and executive members of the European Central Bank.
Responsibilities and powers of the European Parliament
Under Article 9A of the EU Treaty, the European Parliament has four responsibilities: legislative development, supervisory oversight of the other institutions, democratic representation and development of the budget.
The Parliament cannot propose new legislation of its own accord, but it may take the initiative and call upon the Commission to submit a legislative proposal to the Council of the European Union. Furthermore, it may also ‘invite’ the Commission and the Council to consider amending existing policies or developing new ones.
“The Parliament also exercises democratic and political controls over the other EU institutions. This is particularly true with respect to the Commission, because the Parliament enjoys the power to censure the Commission, including the ability to force the entire College of Commissioners to resign. To ensure democratic oversight of the Commission’s activities, the Commission must submit regular reports to the Parliament for scrutiny.
Finally, the Parliament shares authority with the Council to determine the EU budget and can therefore influence EU spending, although both institutions must adhere to the annual spending limits laid down in the multiannual financial perspective.
The Lisbon Treaty and personal data
The Lisbon Treaty enshrines the universal right to the protection of personal data in law and requires relevant legislation to be adopted under the ordinary (rather than consultation or consent) legislative procedure. This guarantees the European Parliament’s influence in the realm of data protection. Indeed, its involvement in the legislative process is the means by which the Parliament has the greatest impact on data protection and privacy issues in the EU.
EU Council decision-making
Decisions of the European Council are generally made by consensus; however, the treaties may provide for alternative mechanisms, such as unanimity or qualified majority. Under the Treaty of Lisbon, the European Council is presided over by a president who is elected by qualified majority for a term of two-and-a-half years, renewable once. The president’s term can also be ended in the event of an impediment or serious misconduct by vote of a qualified majority of members.
