Institutional Structure Flashcards
Where are the Articles regarding the European Council found?
Art 15 TEU, Arts 235-236 TFEU
When was the EC named among the EU institutions?
The Lisbon Treaty: Art 13(1) TEU
What is the governing impetus of the EC?
Art 15 TEU: will provide the EU with the necessary general impetus for its development, and will define its general political directions and priorities.
What is the EC comprised of
The Heads of State/Governments of the MS, the President of the EC, and of the Commission
What does the EC do?
Adopts mainly general political decisions, which are then legally implemented at meetings of the Council of Ministers
Does the EC exercise legislative functions?
No - it has a directive function: provides the impetus for reform, and the CoM puts this stuff into practice
What is the EC?
A political institution which represents the Member States, and drives forward reform
Where are the policies regarding the CoM found?
Art 16 TEU and Arts 237 - 243 TFEU
What is the Nature and Composition of the CoM
Represents, and expresses the interests of the MS - representative from each, drawn from their governments
What are the powers and functions of the CoM
Takes the final decision on most EU legislation (along with the EP)
It has a legislative function, and policy-making function, and delegates powers to other institutions.
Represents the interests of the MS governments
What are the 3 systems of voting within the CoM
Each Treaty provision/legal basis lays down the voting rules by which measures are adopted.
3 systems: Simple Majority/QMV (the norm - weighted voting)/Unanimity
Where are the provisions regarding the European Commission found?
Art 17 TEU, Articles 244 - 250 TFEU
What is the nature and composition of the European Commission?
Promotes the general interest of the Union, and takes appropriate initiatives to that end - i.e. serves the interests of the EU as an organisation.
It is the enforcer of the Treaties, and drafts legislative proposals, and initiates policies once formulated by the Council.
One national from each MS is appointed - supposed to be above national loyalties - not representing their interests, but chosen on the ground of their general competence and European Commitment
What are the European Commission’s powers and functions?
Legislative: almost an absolute right to initiate legislative processes (drafts legislative proposals for the CoM).
Executive: adopts measures in the field of competition, and makes decisions regarding the Union’s budget
Guardian of Union law: may initiate proceedings against a MS for failing to fulfil obligations/complying fully with judgments
Where are the provisions regarding the European Parliament found?
Art 14 TEU and Articles 223 - 234 TFEU
What is the composition and organisation of the EP?
Intended to represent the peoples of the EU - serves the interests of the EU citizens: democratically elected, increasing powers
What are the powers and functions of the EP?
Power to participate in the legislative process - and takes part in the proceedings by OLP - consults with the CoM
Supervises the European Commission
Appoints Ombudsmen to investigate maladministration
Power to initiate actions for annulment - against the Council and the Commission
What does the ECJ do?
Hears cases directed to it under the Treaties
Hears appeals on points of law from the CFI
Rules on matters of interpretation referred to it
Which institutions have legislative powers
The Commission, the CoM and Euro.parl all participate in making legislation:
The CoM consults with the Euro.parl; who gives opinions and proposes amendments to the Commission, who drafts proposals to the CoM who makes the final decision
What is the OLP
Art 294 TFEU: default legislative procedure, which involves a joint decision between the CoM and Euro Parl. If no agreement, then a conciliation committee is used to negotiate a compromise
What is the relationship between the Commission and the Parliament
The EP supervises the Commission through power of censure, and rights to ask questions
What is the relationship between the Commission and the CoM
The Council submits policies to the Commission to be legislated upon; delegates power to the Commission; and the Commission drafts legislation
What is the relationship between the EP and the CoM?
Parliament is consulted on legislative proposals. The CoM reports to Parliament 3 times a year
What interests does the European Commission represent?
Intended to be an independent institution, which is free from the control of the MS governments, and representative of the EU as a whole
What interests does the CoM represent?
The interests of the MS governments
What interests does the European Parliament represent?
The EP is directly elected by the citizens of the EU, and will take into account their interests
Where are the Articles regarding the European Council found?
Art 15 TEU, Arts 235-236 TFEU
Where are the Articles regarding the European Council found?
Art 15 TEU, Arts 235-236 TFEU
When was the EC named among the EU institutions?
The Lisbon Treaty: Art 13(1) TEU
When was the EC named among the EU institutions?
The Lisbon Treaty: Art 13(1) TEU
What is the governing impetus of the EC?
Art 15 TEU: will provide the EU with the necessary general impetus for its development, and will define its general political directions and priorities.
