EU Law part 2

Question 1

Discuss QMV

Answer 1

a qualified majority will be secured if
the two conditions are met.

Question 2

Discuss QMV

Answer 2

There must be 55% of member states in favour which translates to 15 out of 27 member states in favour of the motion.

Question 3

Discuss QMV voting:

Answer 3

It is possible to overcompensate the smaller states so
that they hold the balance of power, and the treaty of Nice went some way towards addressing the over-representation of the small states, by giving the larger member states a higher proportion of votes.

Question 4

Discuss QMV voting:

Answer 4

The discussions were first concentrating on the number of votes per member state, and then on the additional requirements on the number of states voting and the populations of those states. The issue is one that was revisited a number of times, in particular at the June 2007 summit, and finally agreed in the Lisbon Treaty, which now provides for two transitional periods.

Question 5

QMV

Answer 5

QMV is now governed by article 16 TEU, Article 238 TFEU, and protocol 36 on transitional provisions, and was added to by a decision within declaration No.7 also attached to the treaties. This is so far from transparent.

Question 6

What is the Ioannina compromise?

Answer 6

The compromise resembles the Ioannina compromise, which was employed in the 1990’s to allow a large, but not sufficient, blocking minority under QMV to ask the council to consider further a matter before it and to try to reach a consensus view rather than adopt it.

Question 7

What is the Ioannina Compromise?

Answer 7

The Ioannina compromise was established in 1194 as a result of the concerns that it would be harder to form a blocking minority following the move to QMV after the introduction of the SEA and the expression in the member states. It essentially required the council to think again, but, if insisted upon, to reduce the number of votes needed to form a blocking minority.

Question 8

QMV Voting

Answer 8

the revised Ioannina Compromise in article 4 of Declaration 7 provides that member states representing 55% of population or of the member states that constitute a blocking minority, who oppose the council taking a decision by QMV, can ask the council to continue discussions. In order to understand QMV today, one needs to have in mind the treaties (articles 16 TEU and 238 TFEU), the treaty-altering protocol 36 and declaration no.7 attached to the treaties.

Question 9

QMV voting

Answer 9

Under QMV, an abstention counts as a vote against. Of course, most legislative decisions are, and will be, reached either by consensus or by a clear majority.

Question 10

What are some of the council general law making powers?

Answer 10

The council possesses general powers to enact legislation.
Article 113 TEU empowers the council acting unanimously under a special legislative procedure, to adopt provisions for the harmonisation of legislation concerning turnover taxes, excise duties, and other forms of indirect taxes where harmonisation is deemed to be necessary to ensure the functioning and establishment of the internal market.

Question 11

what does article 114 TFEU of the TFEU consist of?

Answer 11

Article 114 TFEU provides the approximation of laws to complete
internal market which are not catered for by any of the specific parts of the treaty and requires unanimity by the council in consultation with the tfeEP and EESC.

Question 12

What does article 352 TFEU consist of?

Answer 12

Article 352 TFEU provides generally that the council may enact measure to attain the objectives of the union.

Question 13

how often are these law making powers used?

Answer 13

These general powers have been used extensively by the council e.g. in 1976 to support the enactment of the equal treatment directive

Question 14

What was article 308EC used for?

Answer 14

Article 308EC was often used to enact environment measures before the treaty was amended to include a title on environment

Question 15

What are Coreper and the council General Secretariat?

Answer 15

The council is not a unitary and permanently constituted body and, in all configurations, meets on only about 90 occasions per year. It requires assistance to deal with its workload and to prepare for and ensure some continuity between meetings.

Question 16

What are the forms it comes in?

Answer 16

This help comes in two forms:
1) Coreper: it consists of representatives of the member states who may be part of the ambassadorial delegation or other civil servants on secondment. It is formally established within articles 16(7) and 240(2) TFEU. This body was brought in to reduce the workload on the council, to balance the result of the delegation of decision-making power to the commission, and to sift the commission proposals. It also oversees and, to a lesser extent, controls the numerous management committees that
were set up to supervise the delegation of power to the commission. It receives assistance from numerous working groups of national experts and effectively takes many of the lesser important decisions for the council itself.

Question 17

Coreper and the council general secretariat:

Answer 17

Article 240(2) TFEU also provides for a permanent council secretariat made up of a national civil servant to undertake much of the more mundane work of the council, i.e. organisation and preparation for meetings.

Question 18

Facts about COREPER:

Answer 18

COREPER itself is assisted by more than 150 specialised permanent and ad-hoc working groups/parties, which as indicated are there to provide specialist advice and assistance to COREPER and the council of minister.

Question 19

What is the European Council?

Answer 19

The European Council was elevated to a full union institution (article 13 and 15 TEU). It now compromises the 27 heads of state and government.

Question 20

What does the High Representative do in the european council of ministers?

Answer 20

The High Representative will also parcipitate in its meetings of the heads of state and government of the member states who met from time to time to discuss matters outside the formal scope of the community treaties.

Question 21

What does article 2 of the Single European Act entail?

Answer 21

Article 2 SEA placed the European Council on a legal basis and formalised European political cooperation in the areas of foreign policy consultation and monetary cooperation. These moves were further formalised and brought into the EU framework by article 4 TEU.

Question 22

Discuss the EC in relation to the council of ministers:

Answer 22

The EC enjoys a much broader role than the council of ministers, which is restricted to matters included in the treaties. Its overall function is set out in article 22 TEU.

Question 23

Discuss article 68 of the TFEU

Answer 23

Article 68 TFEU, which provides that it defines the strategic guidelines for legislative and operative planning within the area of freedom, security and justice.

Question 24

discuss what happens in relation to draft legislation in sensitive matters:

Answer 24

Draft legislation on sensitive matters can be referred to the European council to review that matter whilst the ordinary legislative procedure is suspended.

Question 25

How often to EC ministers meet?

Answer 25

The EC will meet at least twice every six months, and member states minsters also take part.

Question 26

Discuss the European Council President:

Answer 26

Newer to the union, brought forward from the constitutional treaty to the Lisbon treaty, is the creation of a president for the European council, known as ‘ the European president’. The election of this person is by the European Council by qualified majority for a period of two and a half years, renewable once.

Question 27

who was the first European council president?

Answer 27

Herman van Rompuy, the first incumbent of the office was elected and stood down as premier of Belgium to comply with the requirement of independence (art.15(6) TEU). He was re-elected unopposed by the EC for a second term.

Question 28

Who were the other European Presidents:

Answer 28

He was succeeded by former polish prime minister Donald Tusk, who was elected unanimously. A third former prime minister, this time of Belgium Charles Michel, was elected as third European Council President in December 2019.

Question 29

What does the role of the High representative entail?

Answer 29

Is chosen among the proposed commissioners, then elected by the European council by qualified majority and automatically becomes a commission vice-president(Article 18 TEU).He or she conducts the CFSP, attends relevant European Council
meetings chairs the council foreign affairs meetings, and leads the commission in external relations. The president High Representative is assisted by an external action service set up for this on purpose (Article 27 TEU).

Question 30

What does the role of the High representative entail?

Answer 30

Is chosen among the proposed commissioners, then elected by the European council by qualified majority and automatically becomes a commission vice-president(Article 18 TEU).He or she conducts the CFSP, attends relevant European Council
meetings chairs the council foreign affairs meetings, and leads the commission in external relations. The president High Representative is assisted by an external action service set up for this on purpose (Article 27 TEU).

Question 31

What articles govern the European Parliament?

Answer 31

The EP is governed by articles 14 TEU and 223-234 TFEU and has enjoyed significant incremental increases in its powers and functions with each amending treaty.

Question 32

Where does the European Parliament sit?

Answer 32

The European Parliament transits between three cities,
holding most plenary sessions in Strasbourg and additional sessions in Brussels, but having its supporting secretariat traveling from Luxembourg.

Question 33

How many people are members of the European Parliament?

Answer 33

The number of the European Parliament members has been fixed under the Lisbon Treaty to a minimum of 750 plus the president (Article 14(2) TEU).

Question 34

How are MEP’S elected and what do they do?

Answer 34

MEP’s are elected to serve the electorate in constituencies and are organised into cross-border political groupings rather than according to member state.

Question 35

What is the election system of the EP?

Answer 35

Article 223(1) TFEU requires a common election system to be set up for the EP. Turn-out for the EP elections is overall low and varies across member states but some national general elections also see low turn-out.

Question 36

Where do MEP’S sit and how many groups are here?

Answer 36

MEP’s sit in the transnational political groupings,
recognised under articles 224 TFEU, although there is a string national element and organisation within these, particularly as a result of national political party discipline. There are 7 distinct groups and a final group for those members not wishing to be aligned to any of the specific groups.

Question 37

Explain the supervisory roles

Answer 37

The EP has through various treaty amendments, gained powers of appointment and removal of the commission, as well as a general role of the scrutiny of the work of the commission and other institutions.