24 - EU Institutions Flashcards

Question

European Commission The procedural languages of the Commission are...

Answer 1

The procedural languages of the Commission are English, French and German. The Members of the Commission and their "cabinets" (immediate teams) are based in the Berlaymont building in Brussels.

Answer 2

The Court of Justice of the European Union (CJEU) is the institution of the EU that encompasses the whole judiciary. The Court constitutes the judicial authority of the European Union and, in cooperation with the courts and tribunals of the Member States, it ensures the uniform application and interpretation of European Union law.

Answer 3

It consists of two separate courts: the Court of Justice and the General Court. From 2005 to 2016 it also consisted of the Civil Service Tribunal. It has a sui generiscourt system, meaning "of its own kind", and a supranational institution.

Answer 4

Luxembourg

Answer 5

The Court reviews the legality of the acts of the institutions of the European Union; ensures that the Member States comply with obligations under the Treaties; and interprets European Union law at the request of the national courts and tribunals. It also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf of individuals, companies or organisations whose rights have been infringed.

Answer 6

The European Central Bank is the central bank for the euro and administers monetary policy of the eurozone The capital stock of the bank is owned by the central banks of all 28 EU member states.

Answer 7

The Treaty of Amsterdam established the bank in 1998, and it is headquartered in Frankfurt, Germany

Answer 8

The primary objective of the European Central Bank is to maintain price stability within the Eurozone.

Answer 9

Its basic tasks are to set and implement the monetary policy for the Eurozone To conduct foreign exchange operations To take care of the foreign reserves of the European System of Central Banks and operation of the financial market infrastructure under the TARGET2 payments system and the technical platform (currently being developed) for settlement of securities in Europe (TARGET2 Securities).

Answer 10

The European Central Bank has the exclusive right to authorise the issuance of euro banknotes. Member states can issue euro coins, but the amount must be authorised by the European Central Bank beforehand.

Answer 11

The European Central Bank is governed by European law directly, but its set-up resembles that of a corporation in the sense that the European Central Bank has shareholders and stock capital. Its capital is €11 billion held by the national central banks of the member states as shareholders. The initial capital allocation key was determined in 1998 on the basis of the states' population and GDP, but the capital key has been adjusted. Shares in the European Central Bank are not transferable and cannot be used as collateral.

Answer 12

The Court of Auditors was created by the 1975 Budgetary Treaty and was formally established on 18 October 1977, holding its first session a week later At that time the Court was not a formal institution, it was an external body designed to audit the finances of the European Communities. It replaced two separate audit bodies, one which dealt with the finances of the European Economic Community and Euratom and one which dealt with the European Coal and Steel Community. The Court did not have a defined legal status until the Treaty of Maastricht. By becoming an institution it gained some new powers, such as the ability to bring actions before the European Court of Justice (ECJ). However its audit power related only to the European Community pillar of the EU, but under the Treaty of Amsterdam it gained the full power to audit finances of the whole of the EU.

Answer 13

The Court has no judicial functions. It is rather a professional external investigatory audit agency. The primary role of the court is to externally check if the budget of the European Union has been implemented correctly, in that EU funds have been spent legally and with sound management. In doing so, the court checks the paperwork of all persons handling any income or expenditure of the Union and carries out spot checks. The court is bound to report any problems in the Court's reports for the attention of other states and institutions, these reports include its general annual report as well as specific and special reports on certain bodies and issues.

Answer 14

The Court's decision is the basis for the European Commission decisions, for example: when the Court found problems in the management of EU funds in the regions of England, the Commission suspended funds to those regions and prepared to fine those who did not come back up to acceptable standards. In this role, the Court has to remain independent yet remain in touch with the other institutions, for example a key role is the presentation of the Court's annual report to the European Parliament. It is based on this report that the Parliament makes its decision on whether or not to sign off the European Commission's handling of the budget for that year. The Parliament notably refused to do this in 1984 and 1999, the latter case forced the resignation of the Santer Commission. The Court, if satisfied, also sends assurances to the Council and Parliament that the tax-payers money is being properly used and the Court must be consulted before the adoption of any legislation with financial implications but the opinion is never binding.

Answer 15

The Court is composed of one member from each EU state who are, after a hearing in the Budgetary Control Committee and a non-binding majority-vote in the committee as well as in the plenary of the European Parliament, appointed unanimously by the Council of the European Union for a renewable term of six years. Members are chosen from people who have served in national audit bodies, who are qualified for the office and whose independence is beyond doubt. While serving in the Court, members cannot engage in any other professional activities. As the body is independent, its members are free to decide their own organisation and rules of procedure, although these must be ratified by the Council of the European Union. Since the Treaty of Nice, the Court can set up "chambers" (with only a few Members each) to adopt certain types of reports or opinions. The Court is supported by a staff of approximately 800 auditors, translators and administrators recruited as part of the European civil service. Auditors are divided into auditor groups which inspect and prepare draft reports for the Court to take decisions upon. Inspections take place not only of EU institutions but any state which receives EU funds given that 90% of income and expenditure is managed by national authorities rather than the EU.

Answer 16

Upon finding a fault the Court has no legal powers of its own and instead informs OLAF which is the EU's anti-fraud agency. The court is also assisted by the Secretary-General of the European Court of Auditors, elected by the court, who draws up draft minutes and keeps archives of decisions as well as ensures the publication of reports in the Official Journal of the European Union along with general management and assistance to the President.

Answer 17

The European Court of Human Rights is a supra-national or international court established by the European Convention on Human Rights.

Answer 18

The Court is based in Strasbourg, France

Answer 19

It hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or other contracting states, and the Court can also issue advisory opinions. The Convention was adopted under the auspices of the Council of Europe and all of its 47 member states are parties to the Convention. The court is not part of the European Union.