EU Structure Flashcards
This pack is focused on the composition and history of the institutions of the European Union. The content is based on the BPP Study Notes provided online.
What were the three precursor organisations to the EU? When did these merge?
- European Coal and Steel Community
- European Economic Community
- Euratom
Merger Treaty of 1965 saw organisations rationalised - only one commission and Council of Ministers. 1986 - Single European Act - significant reforms to increase the competence of the EEC.
What are the seven institutions of the European Union?
- Council of the European Union
- European Council
- European Parliament
- European Commission
- European Central Bank
- Court of Auditors
- Court of Justice of the European Union
What are the two pieces of primary legislation behind the European Union?
- Treaty of the European Union, 1992
- Treaty on the Functioning of the European Union, 2007
What were the three pillars of the EU set out in 1992 (but removed by Lisbon 2007?)
- Pillar I - EC, Euratom and ECSC
- Pillar II - framework for inter-governmental cooperation between MS on foreign and security.
- Pillar III - Framework for inter-governmental cooperation between MS on justice and home
Name two developments post-Maastricht but Pre-Lisbon
• 2001 - Treaty of Nice - effective 2003, focus on EU enlargement; preparing way for 10 new member
states. Same year, European Council pushed for greater democracy - resulted in Convention on the
Future of Europe. Result - call for European constitution. Constitutional Treaty passed through the
EU bodies but was rejected by French and Netherlands in referenda. Rehashed in the Treaty of
Lisbon, effective as of 2009. It did not replace the existing treaties, as the Constitutional one would
have, but it did adopt a lot of Constitutional Treaty policies.
1997 - Treaty of Amsterdam; attempted rationalisation of treaty structure. Led to renumbering.
What regularly happens to citation and European treaties?
EU occasionally renumbers its Treaty articles when new treaties come into force. Common practice to number Treaty articles by first listing the new article number and then in brackets the equivalent number which he article bore before the most recent change. I.e. Article 12 TFEU (ex Article 6 EC) - This has been the formal convention since the Treaty of Amsterdam. Study notes generally only refer to new number
What did Article 288 of the TFEU permit, what was the result?
Secondary legislation in the form of regulations, directives, decisions, recommendations and opinions.
Regulation -> general application.
Directive -> binding, but for nation states to implement accordingly.
Decision -> binding on those addressed. Recommendations -> no binding force.
Detail more about Regulations
Important to remember that it applies to persons who fall within general and abstract categories. This contrasts directives and decisions which bind specific addressees. They take immediate effect. Attempt to create uniformity in law across the various MS.
Detail more about Directives
Normally addressed to all MS but can be addressed to specific MSs. Not automatically law. MS has freedom in deciding how the object of the Directive is achieved. Uniformity not the goal. MS which consider the Directive to already be covered need not implement new legislation. Usually have two years to implement, usually explicit.
Detail more about Decisions
May be addressed to MS collectively or singularly, or individuals or undertakings.
What do EU Protocols prefer?
Protocol also suggests a preference for Directives over Regulations.
What is an issue with the harmonising impulse of the EU?
The harmonising imperative underlining the development of EU law renders the principle of subsidiarity a hostage to progress. It has not had any noticeable impact on integration and, of course, was never designed to restrict the expansion of EU competence through treaties since each new treaty is the ultimate expression of the sovereign will of the Member States that sign it
Provide some context to the European Parliament
- The European Parliament (Article 14 TEU and Article 223-234 TFEU) - officially based in Strasbourg, EP sits in Brussels and its secretariat is divided between both locations. The division is not efficient and is purely historic.
Article 14(2): - representatives of citizens, no more than 750 plus President. Proportional Representation, with a minimum of 6 members per MS. - Represents 500m citizens.
- MEPs elected for 5-year terms. MEPs do not organise on a national basis, but tend to sit in multinational party groups based on ideology - i.e. Party of European Socialists, European People’s Party. And the European Liberal Democrat Party.
What are the functions of the European Parliament?
Legislative - Cannot initiate, but can approve or deny legislation
Budgetary - It can approve, reject and push for own priorities.
Supervisory - The European Parliament also performs substantial supervisory functions over the other institutions, especially the Commission.
Provide some detail on the Council of the European Union
The Council of the European Union - Brussels, formerly Council of Ministers. Presidency is allocated to one member state by rotation; usually agenda setting. Politically accountable to national governments.
Main decision making body in the EU, with exec and leg powers (shared with Commission and Parliament respectively).
Decision-making - simple majority, unanimity and qualified majority voting.
Often used to promote national interests. Unanimity difficult to achieve. Increasingly given way to Qualified Majority Voting. QMV is a weighted voting system that makes it more difficult to reach a decision than if only a simple majority is required but prevents any one Member State or even a small block of Member States from vetoing a decision being made. Requires a double majority: 55% of MS and 65% of EU population.
