EU Bodies Flashcards
What four responsibilities does the EU Parliament have?
Under Article 9A of the EU Treaty,the EU Parliament has four responsibilities: legislative development, supervisory oversight, democratic representation and development of the Budget.
What three procedures apply to the legislative process?
Ordinary, consultation, consent
What particular institution does the Parliament enjoy controls over?
The Commission, because the Parliament enjoys the power to censure the Commission, including the ability to force the entire College of Commissioners to resign. To Ensure democratic oversight of the Commission’s activities, the Commission must submit regular reports for Parliament’s scrutiny.
What is the maximum no of MEPs allowed following the Treaty of Lisbon in the European Parliament?
96
What is the basis of which presidency is held by the Council of Ministers?
As established in the Lisbon Treaty, the presidency is held by the member states on the basis of equal rotations to be established by the European Council acting by qualified majority.
How do you calculate a qualified majority depending on the source of the action?
- Proposal from Commission or High Representative of the Union for Foreign Affairs and Security Policy, 55% of member states
- When not; 72% of member states and at least 65% of the EU population
Which entities merged in 1965 to create the European Commission?
European Coal and Steel Community, the European Economic Community, and the European Atomic Energy Community.
What powers are granted to the Commission for its Guardian function?
Article 226 and 228 of the EC Treaty grant the Commission the power to take legal and administrative action, including the power to impose a fine against a member state that has failed to comply with the laws, whilst Article 230 and 232 provide the necessary supervisory powers over the other institutions.
Which institution has been the most active EU institution in the area of data protection?
Commission - as it was responsible for the original 1990 “Proposal for a Council Directive Concerning the Protection of Individuals in relation to the Processing of Personal Data” and for the 2012 Reform of data protection rules in the EU, which led to the adoption of the GDPR and LEDP Directive
What are the Two parts the ECJ is divided into?
Court of Justice of the European Union (CJEU) General court (the Court of First Instance, or CFI)
What kind of cases does the ECJ have jurisdiction to hear
- Cases brought by the commission or by a member state against a member states failure to fulfil treaty obligations
- actions brought by member states, an EU institution, or a natural or legal person to review the legality of acts by an EU institution
- actions by member states, EU institutions, or a natural or legal person against EU institutions for failure to act
- Actions begun in national courts from which references are made for a preliminary ruling to the ECJ on issues of interpretation or validity EU law
- opinions on the compatibility of EU international agreements with the treaties
- Appeals on points of law from the CFI
Does the ECHR have powers of enforcement?
No. Where the ECHR finds that the state has violated one or more of these rights and guarantees, the ECHR delivers a judgement. Judgements are binding, and the countries concerned are obliged to comply with them.
What’s the difference between the European Council and the Council of the EU (aka Council of ministers or the Council)?
The Council of the EU was established in the 1950s and co-legislates with Parliament, while the European Council does not legislate. The council also has a budgetary function.
What does the consultation procedure entail?
The Council of the EU must consult the European Parliament even though it is not bound to accept the opinion given.
Which European institution is the only one whose members are directly elected by EU citizen’s?
EU Parliament