Chapter 4

Question 1

What is the composition and structure of the Commission? Which article regulates it?

Answer 1

Art.17: the Comm consists of one national of each MS (27), chosen on the ground of their general competence and European commitment and independence

Question 2

What is the term of the Comm?

Answer 2

It is 5 years and it must be completely independent

Question 3

A breach by a commissioner of the duty of independence…

Answer 3

May lead to a compulsory expulsion

Question 4

Explain the first phase of the composition of the Comm: the election of the President

Answer 4

• He or she is nominated by the EC, based on the EP elections
• Then the EP has to approve the nominated candidate.
  If not confirmed, a new candidate need to be found by the EC

Question 5

Explain the second phase of the composition of the Comm: the election of the Commission

Answer 5

• The Council in accord with the EP adopts a list of commissioners
• The EP must approve it
• The EC must finally appoint the Comm

Question 6

What are the three tasks of the President of the Commission listed in Art.17(6)?

Answer 6

1) Lays down the presidential guidelines which will be translated into Commission’s Annual Work Programme
2) Decides the internal organisation of the Comm
3) Appoints the Vice-President from within the Comm

4) The President shall represent the Commission

Question 7

How many portfolios in the Comm?

Answer 7

27, one for each commissioner and they are assisted by their own cabinet. The Idea is project teams or commissioner groups

Question 8

Which are the administrative infrastructure around the Comm and what is their scope?

Answer 8

Directorates-General and Services:
They assist the commission in the preparation and performance of its tasks, the implementation of its priorities and political guidelines in order to support the College of Commissioners

Question 9

What is a Directorate-General?

Answer 9

It is specialised in specific policy areas and it operates vertically.
It is the equivalent of national ministries (they are 33) and commissioners are entitled to give instructions to their DG, which is obliged to provide them with all the information on their area.
They are divided then in Directorates, which are divided in units.

Question 10

What are services?

Answer 10

It provides specialised services across all policy areas and it operates horizontally

Question 11

What are the four procedures of the Comm?

Answer 11

1) Oral procedure: private and confidential meetings of the Comm which take place at least once a week. Decisions taken by tacit consensus or by majority vote if requested by a member
2) Written procedure: a draft starts to circulate to all the commissioners and they are entitled to make known reservations within a time limit. Decision adopted if no member has made a request for suspension

In these two procedures we have the principle of collegiality (collective decision-taking of the Comm)

3/4) Empowerment/delegation procedure: the Comm is entitled to delegate power to individuals officers for the adoption of measures

Decentralised form of decision-taking is more efficient but it undermines the principle of collegiality

Question 12

What are the six functions of the Comm?

Answer 12

1) Formally propose legislative bills
2) Adopt secondary legislation
3) Monitor and investigate the infringements of EU law
4) Execute the budget and manage programmes
5) Coordinate Union activities in some areas
6) Ensure the Union’s external representation (with the EC President and the HR)

Question 13

What is the scope of European Agencies?

Answer 13

They assist the Commission in its tasks, ensuring and overseeing the application of EU law. Some are entitled to ADOPT BINDING DECISIONS and apply EU law directly, many simply MONITOR, COLLECT and COORDINATE information in some policy areas.

Question 14

What kind of European Agencies exist and what about them?

Answer 14

1) Executive Agencies: subordinate to the Commission, which is entitled to review and suspend any of their acts
2) Independent Agencies: independent form the Commission and with the prohibition not to seek nor take instructions from any government or other bodies

Question 15

Which article regulates the European Court of Justice? Where is it located?

Answer 15

Art.19 TEU. Luxembourg

Question 16

What judicial assistant was provided to the CJ?

Answer 16

A court which was called Court of First Instance and after the Lisbon Treaty the General Court.

Question 17

How is the ECJ divided?

Answer 17

1) Court of Justice
2) General Court
3) Specialised courts

Question 18

What is the judge composition of the Court of Justice? What is their term?

Answer 18

It consists of one judge per MS (27), who is independent and with recognised competence.
They have a term of 6 years which can be renewed and they can only be dismissed by an unanimous decision of their peers.

Question 19

What is the internal structure of the Court of Justice?

Answer 19

The court decides as a collective body that has its own President (principle of collegiality).
The court can be divided into chambers, which allows to multiply into a variety of miniature courts to spread the workload.

Question 20

How the CJ can sit in chambers?

Answer 20

1) Chambers of 3/5 judges
2) Grand Chamber of 15 judges
3) Full Court (in limited categories of constitutional cases)

Question 21

Who is the Advocate General? Describe his or her tasks

Answer 21

He or she assists the Court of Justice, they cannot judge but only make reasoned submissions which are not legally binding. Sometimes they can precede the final judgements of the Court.

Question 22

What is the internal structure of the General Court?

Answer 22

At least one judge per MS and it has its own President.
They sit in:
1) Chambers of 3/5 judges
2) Grand Chamber for exceptionally difficult or important cases
3) Single-judge Chamber for exceptionally easy cases

Question 23

What jurisdiction has the General Court?

Answer 23

1) Jurisdiction for cases at first instance (like in the past)
2) Jurisdiction for appeals of specialised courts
3) Jurisdiction for preliminary references from national courts

Question 24

Can the Court of Justice appeal or review decisions of the General Court?

Answer 24

Yes on grounds of lack of competence or breach of procedure or infringement of EU law by the GC.

The CJ could appeal by:
1) Cancel the previous judgement and refer the case back to the GC
2) Act as a court revision and give a final judgement in the matter itself

The CJ could review by:
1) When the court acts in its own appellate capacity
2) Where it gives a preliminary ruling for a national court

Question 25

What are the Specialised Courts?

Answer 25

Courts which have legal expertise and special knowledge in some areas. They are attached to the General Court. Judges are appointed unanimously by the Council.

Question 26

Which was the only Specialised Court? Do we have any now?

Answer 26

The Civil Service Tribunal which was abolished in 2016.
Now there is no specialised court but the most invoked area is intellectual property law.

Question 27

Describe the judicial procedure

Answer 27

It consists of two parts
1) Written procedure: a written application is brought before the Court by the applicant.
- The defendant has the right to reply and the court takes the initiative by ASSIGNING THE CASE to a chamber or to the Full Court (if necessary).
- It designates a ‘Reporting Judge’ and an ‘Advocate General’.
- Then the PREPARATORY INQUIRY in which the Court may hear the witnesses.
2) Oral procedure: the hearing of the parties will be public and the judges are allowed to put questions.
- After the hearing the Advocate General will deliver his or her opinion and the final step is the judgement.

Question 28

Explain the judicial decision-making

Answer 28

It takes place in closed secrecy. The opinion of the Advocate General does not create a judgement but the draft judgement of the Reporting Judge does.
Every participating judge will give his or her opinion and the reason behind (which takes place in reserve order of seniority so that junior judges are not going to be influenced by seniors).
The final judgement is reached by a majority of judges.
The collective and secret nature of the judgement is a shield protecting the independence of the ECJ.

Question 29

What can the Court give in addition to judgements?

Answer 29

1) Orders: urgent measures that may be necessary and usually precede a judgement
2) Opinions: can be requested for international agreements by MS or Union’s institutions to check the compatibility with the Treaties, they are more than just advisory, they shape the external relations of EU law

Question 30

What are the methods of interpretation?

Answer 30

The ECJ must apply EU law where its meaning is clear and interpret it when the meaning is not clear.

1) Historical interpretation: searches the original meaning (conservative method)
2) Literal interpretation: searches the contemporary meaning (conservative method)
3) Systematic interpretation: tries to construct the meaning of a norm by referring to general constitutional system (progressive method)
4) Teleological interpretation: searches the purpose and useful effect of a legal norm (progressive method)

The use of all four methods at the same time may lead to conflicting results because they grant different degrees of ‘freedom’ to the Court

Question 31

What are the three competences of the ECJ and what article regulates it?

Answer 31

Art.19(3):
The ECJ shall:
1) Rule on actions brought by a MS / institution / legal person
2) Give preliminary ruling on the interpretation of Union law of validity of acts adopted by institutions
3) Rule in other cases provided in the Treaties