Chapter 2 EU Institutions Flashcards
What are the seven European Union institutions under the EU treaty?
- European Parliament
- European Council
- Council of Europe
- European Commission (Commission)
- Court of justice of the European Union
- European Central Bank (ECB)
- Court of Auditors
which two institutions have been granted institutional status?
- European Council
- European Central Bank
Is the Charter on Human rights legally binding on institutions?
Yes, because the Lisbon Treaty elevated to legally binding treaty.
Article 8 of the Charter of Fundamental Rights
Right to protection of personal data.
is it possible to op-out of the Charter on Fundamental Rights?
No, Poland and UK tried to with a protocol. This was denied by the CJEU.
Following Brexit, was the Charter of Fundamental incoporated into UK law
Yes, and other aspects of EU law were incorporated through EUWA (EU (withdrawal) Act)
which two institutions have budgetary and legislative power?
According to the Lisbon Treaty, European Parliament jointly with the Council of the European union
What are the four responsibilities of the european parliament?
- legislative development
- supervisory oversight of other institutions
- democratic representation
- development of the budget
can citizens directly elect members of the european parliament?
yes.
describe the ordinary procedure
both parliament and council must assent to legislation.
describe the consultation procedure
the council of the european union has legislative power and can consult the parliament but is not bound by parliament’s position.
describe the consent procedure
for important decisions, parliament’s consent is required.
describe the powers of the parliament over the commission
- censure commission
- forcing college of commissioners to resign
- oversight of the commission’s activities
- in concert with council, influence spending
how many members of the european parliament can each state have?
minimum of 6 and not more than 96.
how often are MEPs elected?
every 5 years.
describe the role of the parliament regarding data protection
Lisbon treaty enshrines right to protection of personal data in law.
who comprises the european council
all member’s heads of state and the commission president
what is the role of the european council
meets 4 times a year to establish EU priorities.
describe the duties of the commission
- initiating legislation
- overseeing the application of union law under control of the CJEU
- executing the budget
- coordinating executive and management functions detailed in treaties.
do commissioners have country affiliations?
although elected by each member state and approved by parliament. they are not expected to act in the interests of their original countries.
what is the role of the commission regarding data protection?
- adoption of directives
- making adequacy findings for non-EU member states
wht are the two components of the CJEU
- ECJ court of justice
- CFI court of first instance
who comprises the ECJ
- 27 judges appointed by each member state for 6 year term
- 1 president elected from their number for a 3 year term
- 8 advocates general (who craft non-binding guidances on cases before the ECJ)
Jurisdiction of the ECJ
- cases brought by commission/member state against another for failure to fulfil treaty obligations
- review of legality fo acts by EU institutions (may be brought by EU institution, natural/legal perosns or member states)
- actions for EU institutions failure to act (may be brought by EU institution, natural/legal perosns or member states)
- actions begun at nat’l courts intepreting EU law
- determining compatitbity of EU international agreements with treaties
- appeals on points of law from CFI.
