European institutions and treaties

Question 1

Which countries are in the EEA (not the EU)?

Answer 1

Iceland, Norway, Liechtenstein

The EEA countries consist of the EU member states and the EFTA States

Question 2

Which is the only EU institution which can initiate legislation?

Answer 2

The European Commission

Note: before it can propose new laws, it has a duty to consult with interest groups and experts to ensure the interests of the EU as a whole are served

Once the commission has formed a proposed it submits it to the European Parliament and the Council of Ministers to pass or reject it

Question 3

What is the role of the European Commission?

Answer 3

It acts like a civil service for the EU, taking care of the day to day running of the organisation
Each commissioner has responsibility for a policy area
The European Commission proposes legislation to the council of ministers and the European Parliament

Question 4

Who makes up the Council of Ministers and what is its role?

Answer 4

It is made up of ministers from the EU member states
Together with the European Parliament, the Council of Ministers has the power to make EU laws and decide the budget
(Nb it is also known as the Council of the European Union)

Question 5

What is the Council of the European Union also known as?

Answer 5

The Council of Ministers

Question 6

What is the role of the European Parliament?

Answer 6

Together with the Council of Ministers, the parliament decides on EU legislation and the EU’s budget (responsible for the development of the budget)
It also has the power to sack the commission

It has supervisory oversight of other institutions (think of this as the right of the one directly elected institution)

Question 7

Which EU organisation is responsible for supervising the European Commission?

Answer 7

The Parliament

They’re also the only institution with the power to sack the European Commission

Question 8

What is the role of the Court of Justice?

Answer 8

It makes sure that EU law is understood in the same way across the EU.
Together with the national courts, the court of justice is the judicial power of the EU
It can also settle disputes between the Union’s different institutions and member states

Question 9

What was the aim of the Treaty of Rome? How does this relate to GDPR?

Answer 9

It set up the European Economic Community (EEC) which brought together 6 countries to work towards integration and economic growth, through trade.
It created a common market based on the free movement of:
goods
people
services
GDPR Article 1(3) provides that “the free movement of personal data within the European Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of data”
The GDPR harmonises data protection processes and practices among member states, while providing protection of personal data to citizens

Question 10

Which institution is responsible for ensuring that directives are implemented properly by member states?

Answer 10

The European Commission is responsible for ensuring member state implementation

The Commission not only acts as the executive body and influences legislative function, but also acts as a guardian of the treaties by monitoring compliance of other institutions, member states and “natural and legal persons”

The Commission can impose a fine against member states who fail to comply with the law

The Lisbon Treaty says the Commission shall oversea the application of Union Law under the control of the CJEU

Question 11

What do Articles 226 and 228 or the EC Treaty grant the Commission the power to do?

Answer 11

They 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 law

Question 12

What was the purpose of the Treaty of Lisbon?

Answer 12

Purpose: to make the EU more democratic, more efficient and better able to address global problems, such as climate change, with one voice.

The Lisbon treaty clarifies which powers:

• belong to the EU
• belong to EU member countries
• are shared.

The goals and values of the EU and are laid out in the Lisbon Treaty and the EU Charter of fundamental rights.

It also gave the Charter of Fundamental Rights of the EU full legal effect in the EU

Main changes include
more power for the European Parliament
change of voting procedures in the Council,
citizens’ initiative
permanent president of the European Council
new High Representative for Foreign Affairs,
new EU diplomatic service.

Question 13

Which institution has the power to adopt adequacy findings for the EU?

Answer 13

The European Commission

This is covered in Article 45, which also gives the Commission the power to revoke a finding of adequacy

Question 14

Which provisions in the Universal Declaration of Human Rights have influenced European data protection laws and standards

Answer 14

Article 12 contains provisions for the right to a private life
Article 19 set s out the right to freedom of expression
Article 29 addresses that the rights are not absolute and a balance should be struck

The European Convention on Human Rights also has similar elements, balancing the rights of individuals with freedom of expression and the sharing of information and ideas across national boundaries

Question 15

What is the role of the CJEU?

Answer 15

Ensuring EU law is interpreted and applied the same way in every EU country
Ensuring countries and EU institutions abide by EU law

Question 16

Name the instruments that form the foundations of modern data protection legislation

Answer 16

• UN Universal declaration of human rights (1948)
  (Guarantees the right to privacy, free speech and a balance between both)
• European Convention on Human Rights (1950)
  (Also talks about privacy, freedom of speech and balance between both)

Both talk in quite vague, general terms, but with the growth in computing power, there was a growing need for something a bit more specific

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Question 17

What is Convention 108+ and what does it facilitate?

Answer 17

It’s an updated (2018) version of Convention 108, overhauled to align with GDPR
It serves as a means for third counties outside of the EU to adopt the basic tenets of the GDPR

UK is among the signatories

Question 18

Is the European Court of Human Rights (ECHR) part of the EU? What does it do?

Answer 18

It is NOT part of the EU 
Upholds Privacy and data protection laws through enforcement of 
European Convention of Human Rights
And
Convention 108

Question 19

What’s the difference between:
The Council of Europe
The European Council
The Council of the EU

Answer 19

The Council of Europe is an International organisation made up of 47 member states

The European Council is made up of the heads of state or government of the 27 EU member states
Plus the European Council President and the President of the European Commission.

The European Council defines the EU’s overall political direction and priorities. It is not one of the EU’s legislating institutions, so does not negotiate or adopt EU laws. Instead it sets the EU’s policy agenda, traditionally by adopting ‘conclusions’ during European Council meetings which identify issues of concern and actions to take

The Council of the EU is made up of government ministers from each EU country, according to the policy area to be discussed.

Role: Voice of EU member governments, adopting EU laws and coordinating EU policies. It also examines legislation
President: Each EU country holds the presidency on a 6-month rotating basis

Question 20

What is the European Council and what is its role?

Answer 20

Made up of the heads of state / government of all EU countries and some other key representatives
(Think of all the government leaders getting round a council table once a month)

Role: Defines the EU priorities and sets the political direction of the EU
(This is what EU political leaders should do)

The “council of the EU” is the version made up of ministers from each country

Question 21

What did the GDPR replace, and how do the two differ?

Answer 21

Replaces the Data Protection Directive

Directives are transposed into national law, so there is greater variance between member states
GDPR is a regulation, which means it is directly applicable and enforceable law
It harmonises legislation across member states, providing one set of data protection rules for all,
while still allowing a degree of tailoring