Institutions

Question 1

European Parliament

Answer 1

Only institution in the EU whose members are directly elected by the citizens of the EU
Members serve for 5 years
Legislating, budgeting, and political counseling
# procedures 1) ordinary 2) consultive 3) consent
Retains political power over the Commission

Question 2

COUNCIL OF THE EUROPEAN UNION

Answer 2

*The Council of the European Union (“the Council”)– legislative, budgetary, and political roles
*Composed of one member for each member state and led by a President that rotates every six months
*It cannot propose legislation.
*Must deliberate legislation and vote in public; other actions may be private
*It’s the main decision-making body of the EU

Question 3

EUROPEAN COUNCIL

Answer 3

*Gained formal status in the Maastricht Treaty in 1992 to discuss issues affecting the European Community
*Consists of the head of each member state, along with its President and the President of the European Commission
*Sets the political direction of the E.U.; meets four times a year
*Think tank where heads of state provide the union with general political directors and priorities.
*No real power

Question 4

COURT OF JUSTICE OF THE EUROPEAN UNION CJEU

Answer 4

*The judicial body of the EU that makes decisions on issues of EU law & enforces EU decisions (NOT a court of European human rights)
*It adjudicates disputes arising from EU law. In Luxembourg.
*The Court of Justice of the European Union has two primary components:
1.the General Court (court of first impression); and
2.The ECJ plays an important role in data protection because it interprets the laws and treaties

Question 5

EUROPEAN COURT OF HUMAN RIGHTS (EctHR)

Answer 5

• Not an institution of the EU
• Part of the Council of Europe
• 47 member states
• Judgements are final
• Created in 1959 to enforce the European Convention on Human Rights; now also enforces Convention 108 (and amendments)
• Power is limited by inability to enforce decisions (must rely on Council of Europe to enforce) and may not override national interpretations of laws

Question 6

COUNCIL OF EUROPE

Answer 6

*Not an EU institution
*Founded in 1949
*Adopted the ECHR and Convention 108
*47 member states
*Generally, cannot make binding laws
*European values, promotes European cultures

Question 7

THE EUROPEAN DATA PROTECTION BOARD (Articles 68-76)

Answer 7

• EDPB was originally created with enactment of the GDPR; replaced the WP29 (Art. 68)
• Made up of the head of every DPA in each member state, along with EDPS; the Commission can also have a non-voting member participate
  o Headed by a Chairperson elected by simple majority for 5-year term, renewable once (Arts. 74 and 75)
  o Secretariat oversees the day-to-day operations under direction from Chairperson (Art. 75)
• Should operate independently (Art. 69) and may keep discussions confidential (Art. 76)
• Acts pursuant to a simple majority vote, except where the GDPR provides otherwise
• The European Union’s data protection authority
• Must issue an annual report (Art. 71)
• Most important role is ensuring consistency through the “consistency mechanism” (Arts. 63-66)
• EDPB may issue “consistency opinions” by a simple majority vote
  o EDPB must issue opinions whenever a DPA adopts a list of operations requiring a DPIA or approves new forms of “adequate safeguards” for cross-border transfers (Art. 64(1))
  o Any DPA, the Chair of the EDPB, or the Commission may request an opinion from the EDPB on any matter of general application (Art. 64(2))
  o A consistency opinion must be issued within 8 weeks, with a 6-week extension permitted
• EDPB oversees the dispute resolution process when DPAs disagree on matters (Art. 65)
  o Dispute resolution process is triggered when:
  (1) a DPA rejects an objecting opinion of another DPA;
  (2) DPAs disagree on the application of the GDPR; or
  (3) when a DPA fails to request an opinion of the EDPB or fails to follow EDPB guidance under Article 64
  o Binding decision is issued by a 2/3rd majority vote; must be issued within 1 month, with a 1-month extension permitted; a majority vote is permitted if 2/3rds majority cannot be achieved
• EDPB also oversees the urgency procedure (Art. 66), which is intended to be used only in exceptional circumstances to protect data subjects
  o Allows a DPA to adopt provisional measures that can last for 3 months and only covers its jurisdiction; after adopting, the DPA must contact the EDPB
  o A DPA may request action where the lead DPA has not taken appropriate action and there is a need to act
  o EDPB must issue decision within 2 weeks by majority vote

Question 8

EUROPEAN DATA PROTECTION SUPERVISOR (Articles 51-58)

Answer 8

*Serves as the independent DPA for the E.U.; ensures E.U. institutions abide by data protection obligations under Regulation 2018/1725
*Seated in Brussels, Belgium
*EDPS jointly appointed by European Parliament and the Council for 5-year term from list compiled by the Commission
*Must act independently from the bodies it oversees; has duty of confidentiality
*Must carry out tasks free of charge to data subjects
*Has full investigatory, corrective, and advisory powers; the same basic powers as DPAs under Art. 58 of GDPR
oCan refer matters to Parliament, Commission, Council, or ECJ
*Must submit an annual public report