Institutions Flashcards
What are the EU institutions
Parliament Council Commission Court of justice EU European Central Bank Court of auditors
Can parliament ever veto legislation
If the co-decision proceedure applies then parliament can veto legislation in some areas
What is qualified majority voting
55% of MS agree to proposal and they represent 65% of EU population
72% if proposal not from commission or high representative
Blocking minority must be at least 4 MS
In what areas is a unanimous decision required
Tax
Foreign policy
Defence
Social security
Can the council amend the treaties
Council can unanimously vote to amend the treaties with adoption following ratification by MS
What does the council do
No legislative role
Defines general policy
What are meetings of the council called
European summits
Who are the members of the council
Gov members of MS
Vary depending on topic
How is consistency in the council ensured
General affairs committee
Who has final say regarding adoption of secondary legislation
Council
Joint with parliament if ordinary legislative proceedure applies
Who enacts regulation
Council delegates power to commission
Who tells who what to do? Council or commission
Council acts on commissions proposals but can require commission to draft legislation
How long is president of council elected for and what voting method used
2.5 years
Elected by council using qualified majority
Can president of council hold national office
No
How are MEPs elected
In MS
Max number of MEPs
750 plus president
Does parliament have to approve of legislation before it is adopted
Yes if ordinary legislative proceedure is adopted
What control does the parliament have over the executive
Parliament has right to approve commission and dismiss the enter commission
What scrutiny power does the parliament have
Can question commissioners and reject annual budget
How are MEP seats allocated to Ms
On population
No more than 96
No less than 6
How many MEP seats currently
705
What does the commission do
Brings actions against Ms or individuals in breach of EU law
Formulated policy and proposes leg
Implements councils decisions under delegated powers
Manages EU budget
How many commissioners per MS
One per MS
Each has portfolio area
Can commissioners take instructions for their MS gov
No
How are commissioners elected
By president elect of commission and council
Approved by parliament
5 year renewable term
How are commissioners removed
Parliament can remove whole commission but not individual commissioners
CJEU can remove a commissioner on application of council or commission for failure to perform duties or serious misconduct
President of commission can require commissioner to resign
How is commission president elected
Nominated by council and elected by parliament
Courts
CJEU made up of Court of justice General court Specialised courts Court of auditors Economic and social committee and committee of the regions
Court of justice
Interpretation of treaties
Preliminary rulings
Review acts of institutions
People in court of justice
1 judge per MS
Advocate general give non-binding opinions
Does c of J always listen to Addvocate general
If no new points of law raised court can teach decision without AG submission
General court
Most direct actions
Preliminary rulings
Appeal from general court
If serious risk of inconsistency of EU law can appeal to C of J
Specialised court
May be set up by council to hear some actions at first instance
Appeal from specialised courts
Yes to general court
Court of auditors
Performs budgetary functions
Audits expenditure
Reports annually to parliament
Economic and social committee and committee of the regions
Advisory bodies that must be consulted on proposed leg in their areas