5: EU Institutions and Law

Question 1

How was the EU formed?

Answer 1

1951: Roots in European Coal and Steel Community (ECSC)
1965: Merger Treaty of Brussels - unification with European Economic Community (Treaty of Rome) + European Atomic Energy Community (Eurotom Treaty)
1992: Maastricht Treaty - created 3-pillar structure (EEC, CFSP, JHA)
1997: Treaty of Amsterdam - some Eastern European countries left out
2007: Treaty of Lisbon - formed the constitutional basis of the EU and pushed for a charter of fundamental rights of freedom

Question 2

What is the EU’s institutional structure?

Answer 2

Ranking:

1. European Council
2. European Parliament, Council of Ministers, European Commission
3. Court of Justice/Auditors. Economic and Social Committee, Committee of Regions
4. European IB, ECB
5. Agencies

Question 3

Who are they 3 key actors of the EU?

Answer 3

1. The European Parliament
   - Has co-legislative, co-decision making
   powers (legislative powers come from both Parliament and Council)
   - Special legislative procedure: Parliament may undergo an advisory procedure to the Council, but may not veto the Council’s decision
   - Role: Core legislative authority, monitor the budget and EU institutions and be the voice of EU citizens
   - Elected directly; cannot be dissolved (yet has a 5-year mandate)
2. Council of Europe
   - Channel which vocalizes the interests of local union representatives
   - Holds executive power
   - May participate with Parliament in the legislation process (but does not have any autonomous legislative power)
   - Role: Manages common foreign and security policy, aids Parliament in monitoring budget
   - Consists of at least 1 minister from each country; head of council rotates every 6 months
3. European Commission
   - Main executive organ
   - Role: Guards treaties, represents the EU externally
   - Has power to propose co-legislation and issue non-legislative acts, but must promote EU common interest above all
   - Parliament has the power to force the head to step down with a vote of no confidence

Question 4

Who is the

High Representative for Foreign Affairs and Security, and what role does she play?

Answer 4

Federica Mogherini’s roles:

1. Chair of the Foreign Affairs Council meetings
2. Vice-president of the European Commission
3. Manages common foreign and security policy
4. Heads European External Action Service

• Represents the interest of States and those of the EU
• Appointed with the consent of the president of the European Commission

Question 5

What is the role of the EU Court of Justice?

Answer 5

Made up of 28 independent judges who:

1. Ensure uniform application of EU law
2. Interpret EU law
3. Move forward with infringement proceedings, actions for annulment and actions for damages

• Acts as a monitoring body over the enforcement of EU law
• Verifies whether secondary sources conform to founding treaties

Question 6

What are the EU legal souces?

Answer 6

Primary legal sources include:

1. Treaties (as amended)
2. Protocols (attached to the treaties)
3. Acts of Accession

Secondary legal sources include:

1. Regulations: Have general application; binding entirety, directly applicable to all
2. Directives: Binding as to the result to be achieved, implementation is left to the discretion of the states
3. Decisions: Only binding to the persons/member states addressed

Question 7

What are the categories of direct effect?

Answer 7

Vertical which means binding individuals to the state such as:

1. Regulations
2. Directives
3. Decisions
4. Treaty Provisions

Horizontal which means binding individuals in horizontal relationships such as:

1. Regulations
2. Decisions
3. Treaty Provisions