institutions Flashcards
parliament quorums
— presence quorum 1/3 → presumed unless lack is established upon request!
— decision-making: simple majority (50% +1 of those voting)
— special quoras:
- absolute majority (50% + 1 of all members): amendment or rejection of Council proposal in second reading in ordinary procedure, adoption of MFF.
- majority presence and 3/5 of votes cast: insistence decision on annual budget
- majority presence and 2/3 of votes cast: determiantion of violation of values of the Union
- lowered to 1/4 of members: to set up committee of inquiry
assent/constent procedure
cannot participate in forming content, but right of veto
eg. anti-discrimination legislation, flexibility clause of Art. 352 TFEU
consultation procedure
only right to issue opinion, but no veto eg. citizenship rights, freedom, competition law and indirect taxation
political control functions of parliament
— elects President of Commission based on the proposal of Council which must take into account majority situation in Parliament.
— approves College of Commissioner including High Representative
— vote of no confidence on Commission
— right of interpellation: question Members of Commission
— set up committees on inquiry for percieved instituttional infringements
— scrutiny via the Court: challenge of procedural choices during decision making and of implementation decisions
budgetary functions of parliament
— own resorues are laid out by Council on proposal from Commission, in which Parliament is only consulted.
— MFF requires parliamentary approval
— individual annual budgets adopted by Parliament in co-decision with Council, under ordinary legislative procedure
— granting or refusing discharge to the Commission (upon the recommendation of the Council) at the end of the fiscal year (= scrutiny)
president of the parliament
- elected by EP for 2.5 years, can be reelected
- planning and chairing plenary sessions
- represents the Parliament outwardly and in its relations to the other institutions of the Union
- Is responsible for the application of the EP‘s rules of procedure and therefore chairs all work of the Parliament and its institutions.
european council facts
- not part of the legislative bodies, any involvement is expressly forbidden.
- principal task is to formulate political guidelines, goals and priorities which normally realised in the conclusions and are designed to be taken upon by other institutions
- some special tasks are identification of a violation of fundamental principles, development of CFSP guidelines and recommendations for High Representative and President of Commission.
- informally in existence since 1974; formally
established with Single European Act, Institution as of
Treaty of Lisbon - 4 meetings per year unless crisis
european council quorums
presence quorum: 60%, standard decision-making quorum is consensus
(qualified majority for proposing president of commission)
permanent president of european council
elected for 2.5 years by qualified majority, once renewable, may not be active head of government
council presidency
— rotating every 6-month, the previous, current and future always work together: troika
— chairs meetings of the Council
— some possibility of Member States to push issues that are of national importance; more important role is that of facilitating the decision making.
council quorums
presence quorum: 1/2
decision-making quorums:
- qualified majority (double majority since Lisbon) → standard
- simple majority → procedural matters and requests to Commission to be active
- super-qualified majority → deciding wihtout proposal from Commission or High Representative (mostly CFSP, concusion of withdrawal agreement, excessive deficit procedure of economic and monetary policy) Art. 238(2) TFEU
- unanimity → decisions in CFSP Art. 31(1) TEU, sensitive matters (harmonisation of tax law, language)
blocking minority
Art. 16 (4) TEU,
— minimum 4 MS → safeguard for smaller MS against being outvoted
— Ioannina Compromise 1994
— delay in decision-making, no permanent veto → strenghtens willingsness to find compromise
emergency break mechanism
suspension and referral to European Council in matters of social security (Art. 48(2) TFEU) and criminal law (Art. 82(3) and 83(2) TFEU)
reverse qualified majority
e.g. excessive deficit procedure (Art. 126 TFEU, Art. 212 TFEU)
→ facilitate adoption of controversial decisions eg. sanctioning
→ hands main decision-making over to Commission, limiting Council to veto right which needs a qualified majority
passarelles clauses
introduction of qualified majority voting for unanimity decisions in the Council
e.g. Art. 48 (7) or Art. 31 (3) TEU
EU pilot procedure
MS deficits in enforcement and implementation can be eliminated by structured dialogue. Opportunity for resolution before Art. 258 TFEU (letter of formal notice). Used where Commission sees useful input for the Ms rather serious and urgent breach.
Green and White Papers
preparatory strategic planning
— Green Paper: initial thought on possible course of action, describes alternative measures, subject to broad public consultation: Commission assess these contributions
— White Papers: explains which options were selected and proposes time-table for adoption
satellite agencies / regulatory agencies / decentralised agencies
— established on secondary legal basis
— financial and administrative autonomy and independence in performance of tasks
— permanent base of operation outside of Brussels
— sometimes empowered to adopt acts with legal effect for third parties and individuals, but these are subject to action for annulement under Art. 263 TFEU
executive agencies
— all under umbrella of Commission
— usually established for limited time
— eg. European Research Council Execuitve Agency (ERCEA): manage and implement research funding and programmes (Horizon Europe)
competences of gc and ecj
ECJ: horizontal and vertical competences
→ preliminary ruling, infringement, opinions, international agreements
→ action for annulement filed by a privileged applicant (Art. 51 CJEU Statue)
GC: protection of individual right against EU institutions:
→ action for annulment and failure to act, damages, arbitration proceedings
appeal from GC to ECJ:
→ limited to question of law and not facts, scope cannot be expanded
→ ECJ may resolve dispute itself or refer it back to GC, which is bound by ruling
→ if against decision of agency that has quasi-judicial board of appeal (EUIPO), then it can only review GC’s decision if the issue if significant in respect of unity and consistency!!
function of advocate general
support and advise the judges by preparing Opinions for each case (except easy ones), which analyse the legal issue and assess solutions in a neutral manner and more detailed then final judgements. They entail non-binding recommendations.
order of proceedings
- written phase: application and response of other party and reply by applicant, submission of evidence and documents and statement from third-parties.
(+ interim measure may be requested Art. 279 TFEU → plausability of claim and necessity to prevent serious and irreparable damage) - preliminary report prepared by judge-rapporteur: proposal how to handle the case
- (oral hearing): asking questions from parties, Advocate General presents opinion at the end
- drafting judgement: only those who took part in proceedings (principle of immediacy)
- judgement passes with simple majority: reasoned and no dissenting opinions
- judgements are directly enforceable and all have erga omnes effect
types of infringement procedures
- Commission initiates proceedings Art. 258 TFEU
- MS takes another MS to ECJ Art. 259 TFEU → grievance is not prerequisite!
- MS is not following ruling of ECJ → only Commission can bring action Art. 260 TFEU
admissibility of action for infringement
— submission to ECJ
— only Commission or MS is entitled to sue (standing)
— only MS are suitable defendants
— object must be a measure falling to sphere of responsibility of MS
— preliminary procedure was conducted
— general formal requirements
preliminary ruling procedure for infringement
for Art. 258:
1. EU Pilot Procedure
2. letter of formal notice from Commission, requesting information about infringement
3. reasoned opinion from Commission
4. deadline to end alleged infringement (usually two months)
for Art. 259:
1. MS must notify Commission
2. Commission sends letter of formal notice and reasoned opinion, but MS can still file action without these.
3. Commission agrees, it usually takes over proceedings.
4. if not, MS can proceed with it alone
special rule for non-implementation of directive
as it is a blatant disregard of obligation the Commission may apply for fines already under Art. 258.
admissibility of action for failure to act or annulment
- generally GC competent, in exceptional case ECJ (Art. 51 CJEU Statute)
- all EU institutions, Ms and individuals are entitled to sue (have a standing)
- only EU entities can be defendants
- subject matter is a legally binding act
- for non-privileged: proof of legal interest
- time limit of two months: applicant has to wait two months, institution concerned has two months to react
type of applicants for action for annulment or failure to act
- Privileged: eg. Commission, MS, they don’t have prove any condition.
- Semi-privileged: eg. Committee of Regions, Court of Auditors, they have to demonstrated that they are affected.
-
Non-privileged: eg. legal and natural personsconditions:
— adressed to them directly
— directly and individually concerned / affected
— regulatory act of direct concern
direct concern
inevitable legal effect, and no further uncertain circumstances (implementing measures with discretionary power)
Individual concern
the applicant is affected because of their certain characteristics that distinguishes them from other persons as if they were adressee (Plaumann-test)
Plaumann-test
— part of closed-class
— applicants participation in the procedure of acts adoption
— infringes specific rights eg. trademark rights / noticeable disadvantage to the market position
grounds for annulment
— infringement of higher-ranking Eu law by lower ranking norm
— lack of competence of acting body
— infringement of procedural requirements
— misuse of powers
admissibility for preliminary ruling procedure
- only courts or tribunals part of national court system: Vaassen-criteria
- referred question is on Eu law
- direct link between question and dispute in proceeding → hypothetical questions are inadmissible!
- formal requirement: substantively clear and concrete
Vaassen criteria
— legal basis in statutory law
— permanent
— compulsory jurisdiction
— application of binding legal provisions
— formal procedural rules
→ exclusion of administrative bodies and private arbitration tribunals
but! some collegiate administrative authorities: eg. Austrian Data Protection Commission
exceptions from obligation to refer
CILFIT Case:
a. acte éclairé I:question already answered in case law
b. acte éclairé II: very similar question already answered
c. acte clair: so utterly obvious that no room for reasonable doubt
expedited proceeedings
- Urgent Preliminary Ruling Procedure (Article 104 of the Rules of Procedure): It is limited to AFSJ, such as judicial cooperation in civil and criminal matters, visas, asylum, immigration and other policies concerning free movement of persons.
- Expedited Preliminary Ruling Procedure: For urgent cases not concerning AFSJ.
- Expedited Infringement and Annulement Proceedings
- Interim Measures (Article 279 TFEU*: It may be exceptionally accelerated by deciding on the application inaudita altera parte (before the opposing party had the opportunity to comment). As this conflicts with the principle of adversarial proceedings, it may only be used to prevent serious and irreperable damage. The other party ust be heard, and the measure may be modified accordingly.
bauer criteria for horizontal direct effect of fundamental rights
possible if result directly from the nature of the fundamental rights, also horizontally between third-parties! eg. prohibition of discrimination, right to paid annual leave
role of secretariat general (commission)
connecting political and administrative level
directorate generals (DGs)
specialized departments responsible for developing and implementing EU policies and overseeing legislation in specific areas.
‘Spitzenkandidaten’ debate
political parties nominate lead candidates for the position of President of the European Commission, with the candidate from the party winning the most seats typically proposed for the role by the European Council, subject to approval by the Parliament.
election of the commission
- European Council proposes President of Commission with qualified majority (QM), taking into account the result of European elections
- EP has to consent and formally elects President of the Commission
- Appointment of other Commissioners at suggestion of Council with QM in consensus with designated President
- Entire commission is subject to approval by EP
role of commission president
sets policy guidelines for the entire Commission, overseeing policy implementation, participating in European Council meetings and influencing the EU’s overall strategy (but no voting right!)
cabinets of commission
supports the commissioners, 5-7 person multinational
commission quorums
presence: simple majority (50% + 1)
decision-making: simple absolute majority of constituent members, but usually consensus
club-behavior
in the European Council: national leaders negotiating compromises through eg. long-term package deals, where multiple issues are linked to balance diverse national interests
COREPER I
- Committee of Permanent Representatives
- preparation of Council meetings
- technical and organisation issues
- deputies
COREPER II
- politically sensitive issues
- ambassadors
political groups in parliament
- 23 delegates are necessary to form a political group from at least 7 Member States.
- the members the group can however not be forced to vote in a certain way (no group discipline).
committees of the parliament
- proposals for laws of the Commission are delegated to the corresponding one.
- Committee appoints rapporteur → responsible for writing the final report
- Transmission to the plenary only after the report was adopted in the committee
- The rapporteur is the official speaker of the committee in the plenary session
