EU - Intro - LGS 1-2 Flashcards
TEU / Maastricht Treaty
European Community
Subsidiarity, Human Rights, Eu Citizenship
Treaty of Amsterdam 1999
(3)
Powers of the EU increased including co-decision procedure which was streamlined and extended to more areas.
Sanction, Council of European Union if Member States comiited breach of Human Rights.
New tasks given to the treaty inc. Equality / discrimination etc.
Treaty of Nice 2004
Accommadating new MS
Free up decision making, Rapid Reaction Force under Common Foreign & Security Policy
Estabished fast track procedure where 8 states could act in descisions that followed the treaties.
Treaty of Lisbon - 2009
New EU constitution, EU gained legal authority replaing EC.
- TEU amended
- Treaty of Rome Renamed TFEU
- New figure head for EU Foreign policy
- Long Term EU president.
- Removal of certain Vetoes for MS
- New competencies to the EU Level.
Effect of new treaties
Increased EU power, the parliament is seen to have diminished control over the EU as a result of the ToA and ToN
Treaty of Lisbon inreased E’s role in the legislative procedure however.
Examples of power Change
Commission must submit to EP proposal on matters where an Eu act is required, (dec, Reg, or Dir) or the purpose of implimenting Treaty (art 225 TFEU)
- Power of EP to set up Committees of Inquiry to investigate alleged contraventions/misadministration (Art 226 TFEU);
- Power to appoint an Ombudsman to investigate complaints about other institutions except the CJ (Art 228 TFEU);
- Significantly, the Commission now has to be approved by the EP at the start of its term of office (Art 17(7) TEU); and
Examples Cont:
- The EP also has the power to dismiss the Commission (Art 17(8) TEU and Art 234 TFEU) but only in its entirety; there is no power to dismiss individual Commissioners.
- Important here is the ordinary legislative procedure (Art 294 TFEU – extended by Lisbon Treaty) which now applies to most areas. However, where the ordinary legislative procedure does not apply there may still be a democratic deficit.
- power lies with the Council; this can however be said to be appropriate since the members of the Council represent the Member States. Those representatives are often seen as being somewhat remote; indeed, some commentators now say that this remoteness is in fact a further aspect of the democratic deficit especially given the existence and expansion of Qualified Majority Voting at Council level with the consequence of removal of certain national vetoes.
Institutions of the EU
(7)
- the Council
- the European Council
- the European Commission (“the Commission”)
- the European Parliament
- the Court of Justice of the European Union (assisted by the General Court)
- the European Central Bank
- the Court of Auditors
_The Council _
Members
Role
One minister from Each state’s government. Not fixed and will depend on current issues. Also specific councils of departmental ministers such as agricultre.
ToL replaiced revolveing presidency of the council (6 month cycle) with team presidencies.
The Legislature: Develops EU policy and Enacts secondary legislation.
The Council
Voting (3)
Sovereignty ?
- Qualified majority
- Simple majority
- Unanimity
Default is Quaified Majority Voting (art 16(3) TFEU) - weighted votes.
Simple majority voting rarely used - only in procedural ares, such as decision to convene intergovernemental conference to amend treaties. Smaller states get too much power.
Unanimity ended with the SEA and would be unworkable now.
The Luxemburg compromise 1966
Council of Committees /
Committee of Permanent Representantives COREPER
Ecoconomic and Social Comittee ECOSOC
Committee of the Regions
Prepares work of council
up to 350 members - in proportion to state population
Both are consultative bodies and the CR can challenge legislative proposals
European Council
REVIEW !!!!
Presidents / PMs
Established by the TEU (amended)
Meets at summits.
Agrees overal policy Not laws.
Can be reviewed by the Court of Justice under Art 263 /265
** President must subit report of each meeting to European Parliament under art 15(6) but uncertain how effective this will be at improving democratic legitimacy of European Council. **
European Commission
members
Role of the president!!!
High Representative
27 nominated commissioners acting collectively. Each individual nominated by state and appointed by council for 5 Years (art 17 TEU).
Required to be completely independant of State (art 17(3) and 245 TFEU)
President is chosen by the European Council and Approved by EP, they then select other comissioners and allocate their portfolios under art 17(7) of TEU
President has significant power to direct policy
Amended TEU Art 18 provides for a High Representative for Foreign Affairs and Security. Appointedd by Council with Commission President’s approval.
_Role of The Commission _
Largley from art 17 • Broad policy-making, such as the various plans associated with the name of Jacques Delors (President 1984-94) for the single internal market, monetary union etc;
- The preparation of specific proposals for submission to the Council and the processing of these with the Council and EP;
- Drafting secondary legislation in accordance with delegated powers, e.g., in areas of agriculture & employment;
- Ensuring the application of the TEU and the TFEU by administering its various policies as articulated by existing regulations, including conducting investigations and making decisions of a penal nature. The main areas of activity are agriculture, regional development, competition law, cartels, abusive monopolies, state aid and dumping;
- Initiating proceedings against Member States before the European Courts for alleged infringement of the TEU and TFEU. This function is sometimes romanticised as acting as “the Guardian of the Treaties”;
- Commissioning research and preparing reports on matters of EU concern;
- Negotiating with third countries on matters of EU concern, now through the High Representative; and
- Preparing the draft EU budget.
EUROPEAN PARLIAMENT (EP) (Art. 14 TEU and Arts. 223-234 TFEU)
Democratic Deficit?
EU Budget
Dismissal
Members elected in proportion to population by PR Vote.
No power of the Parliament to initiate legislation. Does however conisder Legislative proposals.
Has power under art 313 TFEU to draw draft budget. submitted to Council and back where it has power of veto. EP’s powers to amend the budget have been extended by the ToL
EP has the power to dismiss the Commission by a vote of censure by 2/3rds majority - art 17(8) TEU and 234 TFEU, no power to dismiss individual comissioners, only the Preident of the Commission can do so.
