EU INSTITUTION Flashcards
Arcticle 2 TEU
The union is founded on the valyes of respect for human dignity freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the member states in a society in which pluralism, non- discrimination, yolerance, justice, solidarity and equality between women and men prevail
Art 13(2) TEU
the union shall have an institutional framework which shall aim to provide its provide its values, advances its objectives, and serve its interests, those of its citizens and those of the member states and ensure the consistency, effectiveness and continuity of its policies and actions
Art 13(1) TEU- EU Institutions
7 institutions recognized:
-European Parliament,
-European Council (added with the ToL)
-Council
-European Commission
-Court of Justice of the European Union
-European Central Bank (added with the ToL)
-Court of Auditors.
* Each institution “…shall act within the limits of
powers conferred on it by the Treaties”.
policy making
art 294 TFEU- ordinary legislative procedure
European Parliament and Council co-legislative
Art 14-18 TEU
European Parliament (EP) composed of representatives of EU citizens. Directly elected
‘transnational assembly’ (Herlin-Karnell et al., Hart, 2021)
Art 15TEU: European Council – Heads of Governments of MSs – defines directions and priorities
Art16 TEU: Council of Ministers –
representatives at ministerial level
Commission: promotes general interest
of the Union –main executive body
Separation of powers
Combination of powers
* External: European Council; Parliament
* Financial: Central Bank; Investment Bank
* Legislative: Parliament; Council
* Executive: EU Council; Commission; Council
* Judicial: CoJ; Commission
Separation of powers
This separation of powers aims to establish institutional balance whereby each institution exercise its powers in their respective fields of competences,
in conformity with the procedures, conditions and
objectives set out by the treaties.
Democratic deficit?
1. Because its institutions do not reflect the views
of the EU citizens and were designed by States
in view of the creation of an international
organisation.
2. The lack of the traditional separation of powers
that exists on the State level.
Democracy
The widespread perception that the EU is highly undemocratic
- Functioning of political institutions that adopt such measures- legitimacy
- changes throughout the various Treaties and amendments to address this
- Evolution of the Role EU
Democracy in the Eu as stipulated by the treaties
- Article 10 TEU: Representative democracy (=decisions taken by politicians who have a democratic mandate)
- citizens directly represented
- member states represented
Article 11 TEU: Participatory democracy
- open, transparent and regular dialogue
- opportunity to make views known
Article 12 TEU: Role of national parliaments
Treaty of Lisbon: Extended powers of national governments
Granted additional time to consider legislative
proposals and increased powers to call for a proposal
to be reviewed on the ground that is does not
comply with the principle of subsidiarity.
composition
now 27 members-one per state art17
- independence of the commission art17(3) and 245 tfeu
-2500 staff working for the commission in various directorates-general
appointment and removal
- president nominated by qmv by the EU concil art17(7) and then subject to approval by the ep , renwable term of 2 years
- other members nominamted by president-elect and EU council
- whole commission subject to the approval of the EU parliament
- tenure 5 years
- removed by vote of censure by the ep art 17(8) teu and 234 tfeu
current
Ursula von der Leyen - Approved by the EP
Art 17(6) TEU & 248 TFEU
Responsible for the political direction of the Commission
Allocates portfolios to individual Commissioners, each assisted by
its own cabinet.
Can request an individual Commissioner to resign
high representative
kaja kallas
- role in place since treaty of lisbon
- aim: to create more integrated and coordinated external policy/international profile of the eu
- Responsible for the conduct of the Union common foreign
and security policy and its security and defence policy.
- Appointed/dismissed by QMV by the European Council with
agreement of the President of the Commission. Cannot be
dismissed unilaterally by the President of the Commission.
-Member of the Commission, takes part in the work of the
European Council and chairs the Foreign Affairs Council.
function of eu commission
- Central institution for proposing legislation
- Securing national government compliance with that legislation
- executive powers
- Delegated law-making powers
- legislative initiative
power of financial initiative
ensures union external representation
-limited legislative pwers
supervisory powers
judicial powers
commission art 17(1)
- formulates and proposes policy initiatives and legislative proposals
- ensures application of the treaty and other measures
- limited powers of independent decision-making
- acts as an executive of the Union:implement EU policies
- represents the EU outside the EU
- manages and implements the budget
council function
-jointly with the EU parliament, it exercises legislative and budgetary functions. it carries out policy-making and coordinating functions as laid down in the treaties
- has the final power over decision-making over most fields of the EU law
- concludes international agreements between the EU and other states or internation organisations
- Develops the common foreign and security policy and coordinates co-operation in the field of justice and criminal matters
- role in the legislative procedure
council legislation
voting procedures: voting in the council is governed by the treaties
- simple majority (from all present)
-unanimity (a single state may veto proposals)
QMV- the rule Art 16.3 TEU; to introduce the concepts of democracy and efficiency in law-making;weighted voting- each MS is allocated a number of votes Art 16(4) TEU
composition council
heads of government and state
- creates 1974; formally recognized with the SEA. Meetings often referred to as European Summits. Was made a formal EU institution with the Treaty Lisbon
- president of the european council elected for once renewable 2.5 year period task is set out in Art 15(6) TEU
Functions coucnil
central role to the development of the EU
- general political impetus/direction
Defines the EU’s directions and priorities – agenda-setter
No legislative powers
Makes decisions on suspending membership of a state; sets criteria that a state
that wants to join the EU needs to meet
Power to instigate Treaty reform.
Powers relating to organisation (can determine the composition of the
Parliament & the Commission; appoints its own President, the President of the
Commission, the High Representative, the Executive Board of the ECB)
“problem-solving powers”: Articles 31(2) TEU, 48 TFEU, 82(3) and 83(3) TFEU
Can adopt binding (non-legislative) acts (Article 13 TEU), which may be
challenged before the CJEU (Art 263 TFEU, Art 15 TEU, Declaration No 6).
Can also be sued for failure to act (Art 265 TFEU).
parliament
Composition – Numbers and distribution of seats according to population (but not evenly distributed).
ToL: should be no more than 751 members (any MS should
have no less than 6 and no more then 96 MEPs
The aim of the Parliament is to represent the peoples of the EU
Initially, limited legislative powers/involvement in the decision-making process (democratic deficit).
ToL: increased the legislative powers of the EP
Ordinary legislative procedure (previously co-decision):
Article 294TFEU- legislation is adopted jointly by the EP
and the Council.
Powers of litigation: it can challenge acts of EU institutions before the Court of Justice and their failure ,to act ; this power has significantly evolved throughout the various Treaty amendments
Powers of enquiry: The right of Petition,Power to ask or receive reports from most of the EU
institutions, Setting up a Committee of Inquiry
Financial powers: significant powers over EU budget – along with the Council
