functioning Flashcards
COMPETENCES of the EU
- amount of competences that EU and MS have over each other
1. EXCLUSIVE - only EU can legislate and adopt legally binding acts
- e.g. customs union, common commercial policy, monetary policy, international agreements, protection of marine life
2. SHARED - MS exercise their competence to the extent where EU doesn’t exercise its competence
- e.g. internal market, social policy, agfish, enviro, transport, energy, freedom&security&justice
3. PARALLEL - MS can exercise their competences even if EU is acting
- e.g. research, technological development, space, development policy, humanitarian aid
4. SUPPORTING, COORDINATING, OR SUPPLEMENTARY - EU may act without superseding MS’ competences
- e.g. protection&improvement of human health, industry, culture, tourism, education, civil protection
- POLICY COORDINATION
- EU provides arrangements by which MS coordinate their national policies around common objectives and guidelines
- e.g. economic, employment + some social policies
EU laws - types
1
soft - guidelines purely indicative
hard - enforceable by courts
2
laws
- directly applicable (without further MS action)
- uniform (must be applied in all MS in the same way)
- exhaustive (covers all possible aspects of matter concerned)
“laws”
- legal requirements to put them into effect
e.g. Erasmus+
policy cycle
1 agenda setting - identifying a problem and agreeing to do something to address it (Comm.’s proposal)
2 policy formulation - defining the problem and its drivers, assessing options and elaborating specific proposals (trilogues, OLP)
3 policy decision - adopting the final decision
4 implementation - putting the decision into effect
5 evaluation - reviewing actual outcomes and identifying possible modifications which may be the final stage and/or beginning of new cycle
agenda setting
- commission work programme (CWP)
1. Comm. president - speech in EP on state of the Union
+ presents Letter of Intent for following year (to EP and to the C)
2. CWP is presented (in the EP)
3. Joint Declaration of legislative priorities for following year (agreed by all 3 institutions)
policy formulation
-elaboration of proposals for legislative acts
- in hands of Comm.
policy decision
- adoption of basic rules affecting a particular policy area
- legislative acts - OLP
- directly applicable to all MS
implementation
2 levels:
- MS are responsible for doing the necessary to make things work
- commission - assists (last resort before CofJ)
- implementing acts
- regulations, directives, decisions
- first consulted at comitology committee
evaluation
- increasingly recognised across EU institutions
LEGISLATIVE PROCEDURES
1 OLP
2 SPECIAL LEGISLATIVE PROCEDURE
- the C is the only legislator (not co-legislator with EP)
- EP is required to either consent or consult
a. CONSENT (more common then consultation)
- EP can accept or reject the proposal (by QMV) but cannot amend the proposal
- council cannot overturn EP’s opinion
- used for - discrimmination, accession, breach of fundamental rights, withdrawal
b. CONSULTATION
- council can adopt legislative proposal only after EP provided opinion
- EP may approve, reject or propose amendments but the C doesn’t need to take them into account
- used for competition policy, harmonisation of indirect taxation
ORDINARY LEGISLATIVE PROCEDURE (OLP)
- European Investment bank, ECB, EP, EP citizens’ initiative (1 mil. signatures in 1 year registered at committe made from 7 people from 7 countries) or a quarter of MS can advise commission to present a proposal
- Comm.’s proposal
- sent to EP+C and MS (can use yellow card but otherwise only for info) - TRILOGUES
- EP + C behind closed doors -> then to EP to be officially adopted (here EP can’t amend it) - FIRST reading in the EP
- approve or amend - FIRST reading in the COUNCIL
- accept EP’s position or amend it and return to EP
-> 90% of proposals are accepted here - EARLY SECOND reading
- compromise reached after EP’s first reading - adopted as Council’s position + adopted by EP without change
-> majority of the rest ends here - SECOND reading in the EP (only 4 of 401 in 2014-2019)
- approves or amends council’s position - SECOND reading in the COUNCIL
- approves EP’s position or not ->
9.CONCILIATION COMMITTEE
- equal number of MEPs and Council representatives tries to create Joint text -> 3rd reading
10a. EP examines joint text and votes in plenary, cannot amend (change wording of the text)
10b. Council does the same with the same abilities
-> none in 2014-2020
why policy coordination in economy?
- to prevent negative consequences for growth and stability across EU caused by fiscal imbalances (eg exesive deficits) or macro-economic imbalances (eg housing bubbles)
- to achieve more positive results through coop., peer review and mutual learning
- council = leading role
- commission = analysis, coordination and assessment
actors in external relations
- Commission - responsible for practical management of international development coop. and humanitarian aid
- EP - co-decision powers over framework decisions on trade policy
- must give consent to the C before agreements are concluded - European Council - defines EU’s strategic interests and objectives
- the Council - takes decisions necessary for defining and implementing CCFSP (common foreign and security policy) on that basis
- high representative - chairs the meeting
why blame Brussels?
- blame shifting - gov. accused of violating democratic principles can blame EU (Brussels)
- rally-around-the-flag effect - citizens are more likey to support their gov. during perceived external threat
- public and elite euroscepticism - distrust in the EU makes blaming more effective
solutions to blame Brussels
- involve domestic actors - partner with domestic groups critical of the gov.
- target sanctions - sanction specific officials rather than entire countries
- increase intervention legitimacy - establish independent “watchdog” with these features:
- experts in HR, democracy, rule of law
- offices in each MS
- ability to gather info from domestic civil society
- transparent reporting and accountability to democratic bodies (eg EP)
-> non-binding opinions but could lead to sanctions
