CommWeb Flashcards
Titles in the TEU
common provisions that lay down the values
democratic principles, such as the rule of law, the European Citizens’ Initiative, an innovation of the Treaty of Lisbon, and the role of national parliaments;
provisions on the institutions and enhanced cooperation
The Treaty on the Functioning of the European Union (TFEU)
retains the former EC Treaty’s structure
principles;
non-discrimination and citizenship of the EU;
EU policies and internal action;
association of overseas countries and territories; the EU's external action; institutional and financial provisions; general and final provisions.
Protocols annexed to Treaties
37 Protocols are annexed to the Treaties, of which they form an integral part.
- Some of these Protocols lay down provisions concerning opt-out for the Member States.
How many groups in EP?
There are currently 7 political groups in the European Parliament.
Conditions for group in EP
least 25 MEPs from at least one-quarter of member states (at the moment that would mean from at least seven countries).
MEPs can belong to only one political group, but may choose not to belong to any; they are then called non-attached.
Currently, 29 MEPs have opted not to join a political group.
Top 5 groups EP
Group of the European People’s Party (EPP)
Manfred Weber (Germany). This is his fourth term as an MEP. He has been chairing the group since 2014
187
Group of the Progressive Alliance of Socialists and Democrats in the European Parliament (S&D)
Iratxe García (Spain). MEP since 2004
147
Renew Europe group
Dacian Cioloș (Romania). This is his first term as MEP. He was agricultural commissioner in 2010-2014 and is a former prime minister
98
Identity and Democracy (ID)
Marco Zanni (Italy). MEP since 2014
76
Group of the Greens/European Free Alliance (Greens/EFA)
Ska Keller (Germany) and Philippe Lamberts (Belgium). Keller has been an MEP since 2009 and became co-president of the group in 2016. Lamberts became an MEP in 2009 and co-president in 2014
67
European Conservatives and Reformists (ECR)
Ryszard Legutko (Poland) and Raffaele Fitto (Italy). Legutko, an MEP since 2009, became co-chair in 2017. Fitto served as an MEP in 1999-2000 and again since 2014
61
European Conservatives and Reformists (ECR)
Ryszard Legutko (Poland) and Raffaele Fitto (Italy). Legutko, an MEP since 2009, became co-chair in 2017. Fitto served as an MEP in 1999-2000 and again since 2014
61
Confederal Group of the European United Left - Nordic Green Left (GUE/NGL)
Manon Aubry (France), first-time MEP, and Martin Schirdewan (Germany), MEP since 2017. Aubry was elected in May 2019.
39
Seats of groups in EP
1EPP 187
2S&D 147
3Renew Europe group 98
4Identity and Democracy (ID) 76
5Group of the Greens/European Free Alliance 67
6European Conservatives and Reformists (ECR) 61
7Confederal Group of the European United Left - Nordic Green Left (GUE/NGL)39
How many MEPs + Council rep. in Conciliation?
= # MS = 27
Consent/assent procedure introduced by
Formerly know as the assent procedure, it was introduced by the 1986 Single European Act in two areas: association agreements and agreements governing accession to the European Union. The scope for the application of the procedure was extended by all subsequent modifications of the Treaties.
Areas of consent procedure
Formerly know as the assent procedure, it was introduced by the 1986 Single European Act in two areas: association agreements and agreements governing accession to the European Union. The scope for the application of the procedure was extended by all subsequent modifications of the Treaties.
As a non-legislative procedure:
the ratification of certain agreements negotiated by the EU;
in cases of serious breach of fundamental rights under Article 7 of the Treaty on European Union (TEU);
for the accession of new EU members; or
arrangements for the withdrawal from the EU.
As a legislative procedure, it is to be used also:
when new legislation on combating discrimination is being adopted;
it gives the European Parliament a veto when the subsidiary general legal basis is applied in line with Article 352 of the Treaty on the Functioning of the EU (TFEU).
Consent procedure vote
Requires the European Parliament’s consent to a proposed act, before certain decisions can be taken.
based on a single majority vote on consent
Consultation procedure introduded by
The European Parliament may approve or reject a legislative proposal, or propose amendments to it. The Council is not legally obliged to take account of Parliament’s opinion but in line with the case-law of the Court of Justice, it must not take a decision without having received it.
In the beginning, the 1957 Treaty of Rome gave Parliament an advisory role in the legislative process; the Commission proposed and the Council adopted legislation.
History of consultation
Rome 1957: EP as adviser in legislative process
The Single European Act (1986) and the Maastricht, Amsterdam, Nice and Lisbon Treaties successively extended Parliament’s prerogatives.
Now only few areas such as internal market exemptions and competition law.
Consultation is also required, as a non-legislative procedure, where international agreements are being adopted under the Common Foreign and Security Policy (CFSP).
Areas of consultation
Only few areas such as internal market exemptions and competition law.
Consultation is also required, as a non-legislative procedure, where international agreements are being adopted under the Common Foreign and Security Policy (CFSP).
Exceptional legislative initiative by MS
Member States may put forward legislative proposals on the initiative of at least a quarter of them
only to judicial cooperation in criminal matters and police cooperation and to administrative cooperation in these areas
GRI
the interinstitutional relations group (GRI).
In each department, one or more staff members supervise coordination of the legislative procedure within their department.
These ‘European Parliament/Council coordinators’ meet as a ‘pre-GRI’ group to prepare GRI work.
They are also known as ‘pre-GRI coordinators’.
Conclusion of accession agreement
The European Parliament must then give its consent by a majority of its Members and the Council must give its unanimous approval.
Treaty for uniform election procedure
Maastricht 1992
MEPs in Treaties
Amsterdam (1997/1999): 700
Nice: 732
ToL: 751
Post UK: 705
Role Bureau of EP
lays down rules for Parliament.
It draws up EP’s preliminary draft budget
decides all administrative, staff and organisational matters.
Quorum in EP
A quorum (minimum number of Members who must be present in order for the result of a vote to be valid) exists when one third of the component MEPs are present in the Chamber.
What is STOA?
Panel for the Future of Science and Technology (STOA)
Who is Pat Cox
Patrick Cox is a former Irish Fine Gael politician, journalist and television current affairs presenter who served as President of the European Parliament from 2002 to 2004 and Leader of the European Liberal Democrat and Reform Party Group from 1998 to 2002.
Robert Schuhma bio
With his declaration of 9 May 1950, considered the Robert Schuman assumed political responsibility for a common coal and steel market that would later become the European Coal and Steel Community (ECSC).
Robert Schuman was president of the European Parliamentary Assembly from 1958 to 1960.
Spinelli bio
Treaty on a federal European Union - the so-called ‘Spinelli Plan’. This was adopted in 1984 by an overwhelming majority in the Parliament and provided an important inspiration for the strengthening of the EU Treaties in the 1980s and ‘90s.
As a 17-year old, Spinelli joined the Communist Party, as a consequence of which he was imprisoned by the Italian fascist regime between 1927 and 1943.
At the end of the Second World War, he established the Federalist Movement in Italy.
In his role as advisor to personalities such as De Gasperi, Spaak and Monnet, he worked for European unification.
.As a member of the European Commission he took over the area of internal policy from 1970 to 1976.
For three years he served as a Member of the Italian Parliament for the Communist Party before being elected to the European Parliament in 1979.
Spaak
First president of Common Assembly (1952-54)
Gasperi
Second president of Common Assembly
Gaetano Martino
President of Appointed Pariliament (1962-64)
First president of directly elected EP
Simone Weil (1979-82)
Areas of OLP under ToL
added 40 further legal bases,
in particular in the area of justice, freedom and security and in agriculture, under
Parliament now decides on legislative acts on equal footing with the Council.
Hence, the ordinary legislative procedure, formerly called the codecision procedure, applies to 85 legal bases.
Areas of co-decision (OLP) under Treaties
Maastricht Treaty, November 1993: First introduction of the codecision procedure which covered a limited number of legislative areas (mainly internal market).
Amsterdam Treaty, May 1999: Simplification of the codecision procedure making it possible to conclude agreements at first reading. Extension of its scope to more than 40 legal bases (including transport, environment, justice and home affairs, employment and social affairs).
Nice Treaty, February 2003: Extension of the scope of the codecision procedure to further areas.
Lisbon Treaty, December 2009: Codecision officially becomes the Ordinary Legislative Procedure, covering 85 areas of Union action (including agriculture, fisheries and common commercial policy).
Which procedure for discrmination measures?
OLP
Democratic equality:
Representative democracy:
Participatory democracy:
Since ToL
Democratic equality: the EU must observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies (Article 9 TEU).
Representative democracy: EU citizens are directly represented at EU level by the European Parliament.
Participatory democracy: EU citizens have the right to participate in EU decisions and interact with the EU institutions, for example, through dialogue by means of civil society organisations in which they are members.
European Social Dialogue
The European Commission consults the social partners on the possible direction of an initiative, in a first stage, and on the content of an initiative, in a second stage.
Molitor group
U Commission working group established in 1994 to simplify the laws of the Community
Rules of procedure of COM
the Commission’s Rules of Procedure adopted by the Commission. The Rules giving effect to the Rules of Procedure annexed to it set out practical guidelines for their implementation;
Qurom and votes at the COM
The quorum for College meetings is the majority of its Members.
Decisions are in general taken in a consensual manner. The President may formally note the consensus. However, the President or any Member of the Commission may request that a vote be taken. In that case, a majority of Members is needed for any proposal to be adopted.
Each Member of the Commission has one vote and may only vote in person.
CSSR Gifts
Only below 150EUR.
royalties from books must be donated.
Members of the Commission may participate in national politics as members of national political parties or an organisation of the social partners (such as trade unions).
They can also participate in a national election campaign, including regional or local elections, provided that this does not compromise their availability for service in the Commission.
COM and EP alignment
Since Maastricht. both 5 year terms. COM takes office 5 months after EP elections
CONECCS
database for Consultation, the European Commission and Civil Society (CONECCS)
part of the Commission’s commitment to provide better information about its consultation processes.
directory of non-profit making civil society organisations organised at European level.
established on a voluntary basis and it is intended only for information.
Misconduct of CSSR
If any Member of the Commission no longer fulfils the conditions required for the performance of his duties or if he has been guilty of serious misconduct, the Court of Justice may, on application by the Council acting by a simple majority or the Commission, compulsorily retire him.
COM internal services (not policy making)
Budget
Bureau of European Policy Advisers (BEPA)
Informatics
Infrastructures and Logistics
Internal Audit Service (IAS)
Interpretation
Legal Service
Personnel and Administration
Translation (DGT)Eurobarometer est. in
1973
COM meeting time and place
As a general rule, the Commission meets as the College of Commissioners once a week, on Wednesdays in Brussels. During parliamentary sessions in Strasbourg, the Commission holds its meeting there, usually on a Tuesday.
The weekly meetings of the College provide the main opportunity for the Commissioners to come together, engage in political discussion and take collective decisions.
The duties of Members of the Commission include attendance at all meetings of the College. Only the President may decide to release Members from the obligation to be present, in duly justified cases and on the basis of a written request.
Meetings of the Commission are not held in public. Discussions are confidential.
Economic Policy Committee Members
advisory body to the Commission and the Council. It contributes to the Council’s work of coordinating member states’ economic policies
forum for technical discussions between the European Central Bank (ECB), the Economic and Financial Committee, the Employment Committee, the Commission, and social partners.
Composition
comprises 2 delegates from each member state, the Commission, and the ECB. They are senior officials and come from authorities responsible for economic and structural policy.
CJEU rules on
ensures that European Union law is applied in the same way in all the Member States
ensures that the Member States comply with EU law
issues an opinion (which is binding) on the compatibility with EU law of international agreements
reviews the legality of acts of the EU institutions
provides compensation for damage resulting from the action of an EU institution
CJEU does not rule on…
No jurisdiction in matters relating to the common foreign and security policy (CFSP). There are a few exceptions to this rule, specifically relating to ‘sanctions
Structure of CJEU
Court of Justice
references for a preliminary ruling;
infringement proceedings;
actions for annulment and actions for failure to act, relating primarily to legislative acts;
appeals against decisions of the General Court;
General Court
actions brought by individuals or companies against acts of the institutions, including disputes between the European institutions and their staff.
It can also set up specialised courts.
COM represented in CJEU by …
its legal services
Languages
Cases brought before the Court of Justice and General Court may be conducted in any one of the 24 official languages of the European Union.
The Judges deliberate without interpreters in a common language, traditionally French.
Action for annulment
against the legality of the acts of an EU institution, body or agency.
Time limit for actions
An action for annulment must be brought within 2 months of:
the publication of the act in question; its notification to the applicant; or failing that, the date on which the applicant had knowledge of the act.
Applicants for action for annulment
a Member State;
the European Parliament;
the Council;
the Commission.
The Court of Justice of the European Union has jurisdiction to decide, under the same conditions, on actions brought by:
the Court of Auditors; the European Central Bank; the Committee of the Regions;
Actions may also be brought by
natural persons; or legal persons;
Jurisdiction of Court of Justice
a Member State against an act of the European Parliament or the Council, or of both these institutions acting jointly, excluding certain Council acts;
an EU institution against an act of the European Parliament, the Council, or of both these institutions acting jointly, the Commission or the European Central Bank.
Jurisdiction of General Court
decide on actions brought by other types of applicants (natural persons and legal persons).
Member States against the Commission;
Member States against the Council if the Council is not acting in its capacity as legislator but as an executive body for:
acts in the area of State aid;
anti-dumping measures;
acts by which the General Court exercises its implementing powers.
Scope of judgement (annulment)
dismiss the action: any judgment of the General Court may be appealed before the Court of Justice;
annul the act in question: in this case, the act disappears from the legal order with retroactive effect (ex tunc) and the institution in question must take the necessary measures resulting from the judgment (e.g. by adopting a new act)
Actions for failure to act
infringement of the Treaties
The party failing to act may be:
the European Parliament;
the European Council;
the Council;
the Commission;
the European Central Bank;
another EU body or agency.
Applicants for failure to act
Actions for failure to act may be brought by:
the Member States; and other EU institutions.
Any
natural person; or legal person
Jurisdiction (failure to act) for Court of Justice
a Member State against a failure to act by the European Parliament or the Council excluding certain Council acts;
an EU institution against a failure to act by the European Parliament, the Council, or jointly by both of these institutions, the Commission or the European Central Bank.
Jurisdiction of the General Court (failure to act)
all other actions of this type, in particular, actions brought by individuals.
Member States against the Commission;
Member States against the Council if the Council is not acting in its capacity as legislator but as an executive body.
Procedure
The applicant notifies the party in question of their failure to act and requests that they act.
This notification must clearly state that, if there is no response within the deadline set, the applicant will bring an action against the institution for failure to act.
If, within two months from the date of the notification, the institution, body, or agency concerned has not responded, an action for failure to act may be brought within a further period of two months.
Appeal
within 2 months from the date of notification of the decision of the General Court.
state of the proceedings so permits, the Court of Justice may itself decide the case.
Otherwise, it will refer the case back to the General Court, which is bound by the decision of the Court of Justice in the appeal.
Case-Law
judgements, direct actions (annulment, failiure to act), appeals
Not pubslihed
judgments delivered other than in preliminary ruling proceedings by Chambers of five Judges or Chambers of three Judges, ruling without the opinion of an Advocate General; and
orders
General Court publishes only
judgments of the Grand Chamber; judgments of Chambers of five Judges.
Composition of Court of Justice
1 Judge per Member State;
11 Advocates General.
Judges and Advocates General serve a six-year term which is renewable.
Appointment of Judges and Advocate General at Court of Justice
after consultation of a panel responsible for giving an opinion on prospective candidates’ suitability to perform the duties concerned (e.g. Supreme Court of National…)
and
by common accord of the governments of the Member States.
President of the Court of Justice
is elected by the Judges for a term of three years;
represents the Court of Justice; presides at general meetings of the members of the Court; directs the judicial business of the Court; presides at hearings before and deliberations of the full Court (all 28 Judges) and the Grand Chamber (15 Judges); ensures the proper functioning of the services of the Court;
Formations of Court of Justice
a full court ->
e.g. dismuss the European Ombudsman
dismiss a Member of the European Commission who has failed to fulfil his or her obligations
Grand Chamber: 15 Judges;
Chambers of 3 or 5 Judges.
Proceedings (Court of Justice)
The written stage
parties give written statements to the Court.
The oral stage
If the Court or one of the parties considers it necessary, a hearing is organised at which the parties plead their case and answer questions put to them by the Court. The hearing is public.
The Advocate General’s Opinion is delivered after the hearing has closed and is then made public.
The deliberations are secret.
Procedure general court
he procedure in the General Court is similar to that in the Court of Justice, the main differences
most cases are heard by Chambers of 3 Judges and some by Chambers of 5 Judges; there are no permanent Advocates General at the General Court. In exceptional cases this role may, however, be entrusted to a Judge.
Composition General Court
The Treaty lays down that the General Court shall be composed of at least one Judge from each Member State.
From 1 September 2019, the General Court shall be made up of two Judges from each Member State.
Appointment of judges
consultation of a panel
by common accord of the governments of the Member States.
six-year term which is renewable.
Formations of General Court
3 or 5 Judges;
single-Judge formation in certain cases;
Grand Chamber (15 Judges) depending on the legal complexity or importance of the case.
Registrar at General Court
appointed by the Judges for a six-year term;
maintaining the register of the General Court and the files of pending cases; the acceptance, transmission, service and custody of documents; correspondence with the parties, applicants for leave to intervene and applicants for legal aid.
The reference for a preliminary ruling
national court asks the Court of Justice for a ruling on the interpretation or validity of an EU law before examining the merits of the case.
Reply by either
Two types of reference for a preliminary ruling
reference for interpretation
reference on determination of validity
The Court replies either by means of:
a judgment; an (reasoned) order;
or refuses to reply:
Court of Auditors when established
1977 budgetary treaty
ECA President
Klaus-Heiner Lehne
ECA Location
Luxemburg
ECA Role
independent external auditor, budget implemented correctly +s ound financial management.
ECA role in treay
examines the accounts of all revenue and expenditure of the Union;
provides the European Parliament and the Council with a statement of assurance pubslihed in Official Journal + Annual Report
subbmits observations, particularly in the form of Special Reports,
assists the European Parliament and the Council in exercising their powers of control over the implementation of the budget.
ECA limitations wrt to ECB
audit powers are limited to the examination of the operational efficiency of the management of the ECB
ECA Composition
Court of Auditors consists of 1 National from each Member State.
five chambers
ECA Member Appointment
The Members are proposed by their respective Member States.
Appointed by the Council after consultation of the European Parliament.
ECA Member term
6 year renewable mandate
ECA Pres
elected for a renewable term of three years by the Members.
ECA Sec Gen
the most senior Member of the Court of Auditors staff;
appointed to this role by the Court for a renewable period of 6 years;
ECA Outside Activities
may not, during their term of office, engage in any other occupation, whether gainful or not.
ECA Demission
compulsorily retired by a ruling of the Court of Justice.
ECA rights to audit
njoys wide-ranging access rights to any documents or information necessary to perform its audits.
ECA types of audit
Financial audits – accounts accuratel
Compliance audits – financial transactions follow the rules.
Performance audits – checking that the EU funds achieve its goals with the fewest possible resources
ECA Annual Report
sent to the Commission by the 30th of June at the latest.
15th of November. It ensures publication thereof in the Official Journal of the European Union.
ECA became the rank of an institution since
Maastricht
ECA does it have power of sanctions?
No
Where does the ECA forward to in case of fraud
OLAF
Qualifications required for ECA members
Audit degree
What is INTO-SAI?
International Organization of Supreme Audit Institutions (INTOSAI) = umbrella organization for the external government audit community.
What is the statement of assurance? (DAS)
provides the European Parliament and the Council with a statement of assurance;
addresses the reliability of the accounts and the legality and regularity of the underlying transactions;
published in the Official Journal of the European Union.
may be supplemented by specific assessments
Main role of EP
exercises legislative and budgetary powers jointly with the Council of the European Union.
also:functions of political control
appointments
Participation of EP in legislative power
1) ordinary legislative procedure puts EP and the Council on an equal footing.
2) may request the Commission to submit any appropriate proposal with a view to adopting a new act or amending an existing act.
- >If the Commission does not submit a proposal, it informs the European Parliament of the reasons for this.
EP Appointing of COM
elects the President of the Commission on the basis of a proposal from the European Council. by a majority of its component Members.
CSSR nominated by the Council are interviewed by the relevant parliamentary committees (hearings).
as a body to a vote of consent by the European Parliament.
Adoption of the list of Commissioners-designate
Council, acting by qualified majority and by common accord with the President-elect, adopts a list of other persons that it proposes to appoint as Members of the Commission
Vote of consent at EP
The President, Vice President/High Representative and Commissioners-designate are subject as a body to a vote of consent
by a majority of the votes cast taken as roll-call vote.
Appointment of the Members of the Court of Auditors
Members of the Court of Auditors are appointed by the Council, following consultation of the European Parliament.
Appointment of the Members of the Executive Board of the European Central Bank
Executive Board of the ECB are appointed following a recommendation by the Council and after consulting the European Parliament and the Governing Council of the European Central Bank.
Appointment of the European Ombudsman
The European Ombudsman is appointed by MEPs after each European Parliament election.
vote by secret ballot on the basis of a majority of the votes cast, for the duration of the parliamentary term.
Supervisory powers of EP
Motion of censure on the European Commission
Parliamentary questions
Temporary committees of inquiry
Structured dialogue between Commission and European Parliament on work programme
Motion to censure the COM by EP
power to adopt a motion of censure on the Commission as a whole
a motion of censure must be put before the President of Parliament by at least one tenth of its Members.
requires two-thirds majority of the votes cast, representing a majority of the component Members
Written parliamentary questions by EP to whom?
question for written answer to the President of the European Council, the Council, the Commission or the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy.
requires a written answer from the Commission.
What is the EP’s Question time?
According to Parliament’s rules a question time with with COM Pres or HRVP can be held at a part-session on specific horizontal theme(s)
has not happened in practice for some time
How many MEPs for rminor or major interpellations for written answer?
A committee, a political group or at least 5% of Parliament’s component Members may ask the Council, the Commission or the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy
Minor: furnish information on specifically designated issues.
Major: written answer.
Role of EP for International agreements which Treaty
Treaty of Lisbon substantially strengthened the European Parliament’s role in the procedure for adopting international agreements.
kept informed at all stages of the procedure for international agreements.
Consent of EP is required for intl agreement
accession of a state to the European Union;
association agreements between the European Union and third countries;
the accession of the European Union to the European Convention for the Protection of Human Rights
important budgetary implications
fields to which either the ordinary legislative procedure applies, or the special legislative procedure where consent
Procedure for other intl agreement without consent:
EP must be consulted during the procedure.
Taking the European Parliament’s position into account for intl agreement
Sincere cooperation, the Commission takes as full account as possible of the European Parliament’s position.
Can EP hold debates on everything>
EP free to hold debates on all activities of the European Union.
Election of EP President
amongst the Members of the European Parliament. by absolute majority
After 3 ballots -> simple majority
Length of EP Pres term
elected for a renewable term of two-and-a-half years, i.e. half a parliamentary term.
Are Intergroup parlimentary bodies?
Intergroups are groupings holding informal exchanges of views on specific issues.
Around 20
by Members from at least three different political groups.
are not parliamentary bodies,
Minimum members for political group
minimum number of Members required to establish a political group is 25,
elected in at least one-quarter of the Member States.
A Member can belong to only one political group.
Quaestors term
Quaestors’ term of office is two-and-a-half years and they are members of the Bureau in an advisory capacity.
Seat of the EP
European Parliament has its seat in Strasbourg where the 12 periods of monthly plenary sessions, including the budget session, are held.
The periods of additional plenary sessions are held in Brussels.
Where do EP committees meet?
The committees of the European Parliament usually meet in Brussels.
Where is the General Secretariat of the European Parliament and its departments
Luxembourg
Decision for accession
he Council decides unanimously after consulting the Commission and obtaining the approval of the European Parliament.
The European Parliament gives its approval by a majority of its Members.
the agreement between the Member States and the applicant state is signed and submitted for ratification by the contracting States.
Adoption of the European Union’s budget process
European Commission draws up a draft budget
Council and then the EP deliver their opinion.
