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Institutions Finals Flashcards

1
Q

The basics of the EP

A
  • Outlined in art. 14 TEU and art. 223 ff. TFEU
  • The only directly elected body of the EU
  • Elected for a term of five years by direct universal suffrage in a free and secret ballot since 1979
  • 705 seats, plus 1 President, currently Roberta Metsola. Before Brexit there were 750 seats
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2
Q

The History of the EP

A
  • Established as the Common Assembly of the ECSC, then consisting of representatives of MS’ parliaments. Had the power to dismiss the HA
  • Renamed to the EP in 1957
    Given budgetary powers in 1970/1975
  • Directly elected in 1979
  • First only to be consulted in the legislative procedure
  • Since Maastricht, introduction of the co-decision procedure in many areas
  • Since Maastricht, the right to approve/reject the COM as a whole; right to control COM by inquiries
  • In 1997, the right to approve/reject President of the COM
  • Since Lisbon, EC has to ‘take into account’ the elections of the EP when proposing COM president
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3
Q

The three main functions of EP

A
  1. Legislative functions - jointly with the council in most (but not all) policy areas
  2. Power of the purse - EP shares authority over the EU budget with the Council
  3. Supervision of other EU institutions, in particular the COM (motion of censure)
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4
Q

Two types of procedures for legislation in EP

A
  1. Ordinary legislative procedure, Art. 294 TFEU. consent between EP and Council with the Council acting by QMV
  2. Special legislative procedure, Art 289 TFEU. In specific cases provided for by the Treaties, the adoption of something by the EP with the Council, shall constitute a special legislative procedure. This can be invoked by both the EP and Council, but would need the approval/consent/consultation of the other body.
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5
Q

How does EP legislate?

A
  1. EP participates in policy discussions with the COM at the pre-proposal legislative stage
  2. EP can formally adopt its own ideas for suggested legislation
  3. Annual budgetary cycle provides opportunities to exercise legislative influence
  4. EP can influence the COM’s annual work and legislative programme
  5. EP’s views must be sought if legislation concerns sensitive, important, significant matters
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6
Q

How is EP relevant to the budget?

A
  1. Multiannual financial frameworks, every 7 years
  2. Annual budgets:
    - Right to propose modification to compulsory expenditure
    - Right to propose amendments to non-compulsory expenditure
    - Right of approval or rejection, with the Council, over the whole budget
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7
Q

How does EP supervise the COM?

A
  1. Powers in relation to the COM president
  2. Power of approval of Commissioner-designate
  3. Power of dismissal of the COM, vote on censure with ⅔ majority needed
  4. Outlined in art 233 and 318 TFEU
  5. Committee on Budgetary Control (could be powerful, but is often understaffed)
  6. Questions
  7. Special committees (e.g. tax rulings)
  8. Questions can be asked of the Commission
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8
Q

How does the EP supervise the Council?

A
  1. Presidency of the Council appears before the EP plenaries
  2. Ministers from the presidency attend EP committees and plenary debates
  3. EP can ask questions of the Council through the presidency
  4. Power of consent over international treaties
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9
Q

Elections of the EP

A
  1. Direct elections since 1979
  2. Elections do not take place on the same day everywhere
  3. Seats are distributed according to ‘degressive proportionality’. The number of citizens represented by an EP increases as the size of the MS increases. At least 6 MEPs and no more than 96.
  4. MEPs are organized in parliamentary groups
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10
Q

Political parties in the EP

A
  • Transnational federations; principle weakness is that they are not part of the day to day activities and lack focus.
  • Political groups in the EP; internal divisions and lack of ability to direct their members. In order to create a group you need at least 23 members, representing various MS to create a group
  • National parties; are often involved in EP-related activities. The election campaigns for the parties in the EP are essentially national issues and the national parties get to pick the candidates
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11
Q

The problems with MEPs in the EP

A
  • It does not have a leading party who creates a government and an opposition who questions and oversees them, like you have in national parliaments
  • An MEP is both a part of a national party as well as part of the larger EP part, so there is a division of loyalties
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12
Q

Committees of the EP

A
  • EP has the power to create committees to scrutinize legislation
  • There are 20 committees and three subcommittees with 14 to 20 members
  • When legislation is send to EP, they send it to the appropriate committee
  • The committee then drafts a report
  • It goes to the plenary sessions of the EP, where the rapporteur is the principle spokesperson explaining what the committee thinks of the legislation; how it should be changed, etc.
  • If it is not passed the first stage, there will be a second reading
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13
Q

Factors determining the influence of EP committees

A
  • Significance of the policy area within the EU system
  • The extent of EU policy development
  • EP’s power within the policy area
  • Committee expertise
  • Committee chairmanship
  • Committee cohesiveness
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14
Q

Examples of assertion of power by the EP

A
  • Forced resignation of the Santer Commission in 1999
  • Forced re-designation of the Barroso Commission in 2004
  • Rejection of the SWIFT agreement with the US in 2010
  • Rejection of the ACTA agreement
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15
Q

The basics of the CJEU

A
  • Established in 1952 as the Court of Justice of the ECSC
  • Seated in Luxembourg
  • Judicial branch of the EU: shall ensure that in the interpretation and application of the Treaties the law is observed
  • The Court of Justice and the General Court. There are also specialized courts attached to the GC, article 257 TFEU
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16
Q

What is the composition of the CJEU

A
  • 27 judges, one from each MS. appointed for 6 years, with the term renewable once; Art 253 TFEU
  • Judges do not give concurring or dissenting opinions
  • Supported by 11 Advocates General: making reasoned submissions (‘opinions’) on particular cases
  • The Court may sit as a full court, in a Grand Chamber of 15 judges or in Chambers of three or five Judges (article 16 of the Statute of the Court)
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17
Q

Composition of the GC

A
  • 54 judges, two from each MS
  • The GC does not have permanent AG’s. that task may, in exceptional circumstances, be carried out by a Judge (art. 49 of the Statute)
  • May sit as a full court, as a Grand chamber (15 Judges), as a chamber of five or three judges or as a single judge, art. 50 of the Statute
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18
Q

Jurisdiction of the CJEU

A
  • Art 218: opinions concerning international agreements
  • Art 256 subpara 2: appeals against decisions of the GC
  • Art 258-260: infringement procedure
  • Art 267: preliminary reference
  • Art 269L determination of a serious breach by a MS → article 7 TEU
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19
Q

Jurisdiction of the GC

A
  • Art 263: actions for annulment; reviewing the legality of legislative acts by CoM, COM and ECB in accordance with the treaties. The action of annulment is invoked by various actors other than the court, including certain organs of the EU, but also legal persons living in the EU.
  • Art 265: actions for failure to act
  • Art 268: compensation for damages according to Art 340
  • Art 270: disputes between the Union and its servants (Civil Service Tribunal)
  • Art 272: judgment pursuant to an arbitration clause
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20
Q

Procedure when MS does not adhere to EU law?

A
  1. COM sends a letter of formal notice asking for further information and gives a deadline to give an answer
  2. If COM concludes the MS is failing its obligation under EU law, it may send a reasoned opinion: a formal request to comply with EU law
  3. If the MS still does not comply the COM may decide to refer the matter to the COJ. most cases are settled before the COJ gets involved
  4. If an MS fails to communicate measures that implement the provisions of a directive in time, the COM may ask the COJ to impose penalties
  5. If the court finds that a MS has breached EU law, the national authorities must take action to comply with COJ judgment
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21
Q

The preliminary reference procedure

A
  • The most common thing the COJ is busy with
  • Not an appeal system, but a mechanism of cooperation/dialogue between MS courts and CJEU, therefore the CJEU answers these cases in abstract terms and leaves the concrete application of the law to the national court
  • COJ has jurisdiction to give preliminary rulings concerning: the interpretations of the Treaties, and the validity and interpretation of the acts of the institutions, bodies, offices or agencies of the Union
  • What rulings go to the COJ is decided by any court of tribunal in the Union, this is dependent on their discretion, except for when they investigate the validity of an EU law provision, then they are under duty to refer the case the CJEU
  • CJEU does not decide the case between the parties; the case is still decided by the national court
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22
Q

The three exceptions when a court does not have to refer to COJ

A
  • The irrelevance of the question raised
  • Acte clair: “the correct application of Community law may be so obvious as to leave no scope for any reasonable doubt as to the manner in which the question raised is to be resolved”
  • Acte eclaire: “A court that would normally be under a duty to submit the preliminary reference may refrain from doing so if the question raised is materially identical with a question which has already been the subject of a preliminary ruling in a similar case”
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23
Q

The Preliminary reference procedure has three principal purposes

A
  1. To provide national courts with assistance on questions regarding the interpretation of EU law
  2. To contribute a uniform application of EU law across the union
  3. To create an additional mechanism, on top of the action for annulment of an EU act, for an ex post verification of the conformity of acts of the EU institutions with primary EU law
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24
Q

Major CJEU decisions

A
  • Van Gend en Loos, 1963; direct effect of EU law
  • Costa v ENEL, 1964; supremacy of EU law
    Internationale Hangelsgesellschaft, 1970; fundamental rights form an integral part of the general principles of EU law
  • Dassonville, 1974; strengthening of rights in the Internal Market; France wanted a certificate of origin for whiskey imports, but the court ruled this was a barrier to the freedom of goods and people.
  • Cassis de Dijon, 1979: further development of the Internal Market; Germany demanded fruit liquor to have a minimum alcohol amount, but the court ruled this would be another barrier to the freedom of movement
25
Q

The Institutions of the EU, outlined by Art 13 TEU

A
  • The European Parliament
  • The European Council
  • The Council of ministers
  • The European Commission
  • The Court of Justice of the EU
  • The European Central Bank
  • The Court of Auditors
26
Q

The basics of the ECB

A
  • Located in Frankfurt am Main, Germany
  • Established in 1988
  • Responsible for monetary policy in the euro area since 1 january 1999
  • Role: to manage the euro, keep prices stable and conduct EU’s monetary policy (art 127 TFEU)
  • ECB and the national banks (NCBs) of all MS constitute the European System of Central Banks (ESCB)
  • Independent in the exercise of its powers and in the management of its finances
  • When exercising its powers, the ECB must not seek or take instructions from other EU institutions or the MS (art 130 TFEU)
27
Q

Primary and secondary objective of ECB

A
  • Primary: maintenance of price stability
  • Secondary: support the general economic policies in the EU, therefore it does not itself conduct economic or fiscal policy
28
Q

Tasks relating to monetary policy of the ECB

A
  • Define and implement the monetary policy of the Union
  • Maintaining price stability (max inflation 2%) by way of setting interest rates
  • Conducting foreign-exchange operations
  • Holding and managing the official foreign reserves of the MS
  • Promoting the smooth operation of payment systems
  • Authorizing the issue of the Euro
29
Q

Tasks relating to supervision of the ECB

A
  • Prudential supervision of credit institutions and the stability of the financial system (art 127 TFEU)
  • The Council may confer specific tasks upon the ECB concerning policies relating to the prudential supervision of credit institutions and other financial institutions with the exception of insurance undertakings (art 127 TFEU)
30
Q

Governing council of the ECB

A
  • Made up of the Executive Board and the 19 governors of the NCBs of the Euro area MS
  • Formulates the Euro area’s monetary policy and establishes the necessary guidelines
  • May delegate certain powers to the Executive Board
  • Decides by simple majority
  • Mainly advisory function
31
Q

Executive Board of the ECB

A
  • ECB President, the Vice-President and four other members
  • Responsible for the ECB’s day-to-day business
  • To be appointed by the European Council, acting by a QMV
  • People appointed here are of recognized standing and professional experience in monetary or banking matters
  • Eight years term of office, not renewable
  • Implements monetary policy in accordance with the guidelines and decisions adopted by the Governing Council
  • Provides instructions to NCBs
  • Prepares the Governing Council’s meetings
32
Q

ECB Presidents

A
  • Wim Duisenberg (1998 – 2003)
  • Jean-Claude Trichet (2003 – 2011)
  • Mario Draghi (2011 – 2019)
  • Christine Lagarde (since 2019)
33
Q

The basics of the Court of Auditors

A
  • Based in Luxembourg
  • 27 members, one per MS
  • Members are appointed for a renewable 6 year term by the Council
  • EP has the right of being consulted and holds hearings with nominees
  • However, nominees have been confirmed by the Council against the EP’s express wishes
34
Q

Two main activities of the CoA

A
  1. Carry out audits: general budget of the EU and certain fiscal operations (like aid to developing countries)
  2. Deliver special reports and opinions
35
Q

The process of audits of the CoA

A
  1. The COM must draw up accounts relating to the implementation of the budget, a financial statement of the assets and liabilities of the EU, and an analysis of the financial year
  2. Court conducts and audit (partly on the information presented by the COM, partly based on its own investigations)
  3. The EP, acting on a recommendation from the Council, shall give a discharge to the Commission in respect of the implementation of the budget (art 319 TFEU)
36
Q

Why was the European Economic and Social Committee established?

A
  1. Five of the six founding states had such bodies in their own national systems. It existed to provide a forum in which sectional interests could be expressed
  2. Essentially economic nature of the EEC meant that sectional interests would be directly affected and would be key participants in the development of integration
  3. It was not though that the EP would be an effective forum for this
  4. Institutional framework of the Rome Treaties was based on the Paris Treaty and that provided for a socio-economic advisory body
37
Q

The three groups that make up the EESC

A
  1. Employers
  2. Workers; trade/worker unionists
  3. Civil Society Organisations (environmental orgs, youth orgs, women’s rights orgs, etc.)
  • These members are appointed by the Council on a proposal by MS and serve a renewable 5 year term
  • Members are divided among MS proportional to population
38
Q

President of the EESC

A
  • Every 2.5 years the EESC elects a president
  • The president rotates among the three groups, with the two groups that do not hold the presidency each assuming a Vice Presidency
39
Q

The three key missions of the EESC

A
  1. Helping to ensure that European policies and legislation tie in better with economic, social and civic circumstances on the ground; assisting EP, Council and COM making use of EESC members’s experience and representativeness, dialogue and efforts to secure consensus serving the general interests
  2. Promoting the development of a more participatory EU, which is more in touch with popular opinion, by acting as an institutional forum representing, informing, expressing the views of and securing dialogue with organized civil society
  3. Promoting the values on which European integration is founded and advancing the cause of democracy and participatory democracy, as well as the role of civil society organizations
40
Q

Three circumstances when opinions of EESC are issued

A
  1. Mandatory referral; where the Treaty so provides (agriculture, freedom of movement, internal market issues)
  2. Optional consultation; “where appropriate”, around 50% of EESC’s opinions
    Own initiatives
  3. However, the influence of the EESC is still limited
41
Q

The agencies of the EU

A
  • 1975: European Center for the Development of Vocational Training was established; a European Foundation for the Improvement of Living and Working Conditions
  • Since the 1990’s more agencies have been created
  • The creation of such agencies reflects developments also visible at the national level: the existence of functional needs that are not met by centralized policy-making institutions
  • The functional need of these agencies is:
  • Policy requirements can be examined independent of those who are politically responsible for the policy
  • Some of the workload of the COM can be relieved
  • Ability to us (technical) experts
  • Credibility can be enhanced if aspects of the policy are removed from the political process
42
Q

What is the Area of Freedom, Security and Justice?

A
  • a collection of justice as well as migration & home affairs policies designed to ensure security, rights and free movement within the EU. (art 3 TEU and art 67 TFEU)
  • Created to ensure the free movement of persons and to offer a high level of protection to citizens
  • Considered “the human side of European integration”
43
Q

The policy areas of ‘freedom’ in the AFSJ

A
  • Border control; absence of internal border controls, but still having external border controls
  • Asylum
  • immigration
44
Q

The policy areas of ‘security’ in the AFSJ

A
  • Prevention of, and combatting, crime, racism and xenophobia
  • Coordination and cooperation between police and judicial authorities and other competent authorities
  • Mutual recognition of judgments in criminal matters
  • If necessary, approximation of criminal laws
45
Q

The policy areas of ‘justice’ in the AFSJ

A
  • Access to justice, in particular through mutual recognition of judicial and extrajudicial decisions in civil matters
46
Q

The historical development of the AFSJ

A
  • Late 1960’s: intergovernmental Conventions on jurisdiction in civil law matters and mutual recognition of civil law judgments
  • 1967: Naples Convention; customs cooperation to tackle fraud
  • 1975: Trevi Group, response to terrorism/internal market-related security issues
  • 1990: Schengen Implementing Convention, which opened up the EU’s internal borders and established the Schengen Area
  • 1990: Dublin Convention on police cooperation (later replaced by Dublin Regulation in 2003)
47
Q

The Amsterdam Treaty on the AFSJ

A
  • Incorporation of the Schengen acquis into the main body of EU law, but opt-outs for Ireland and the UK. Denmark is not participating.
  • Transfer of the areas of asylum, immigration and judicial cooperation in civil matters from the JHA to the EC pillar (the remainder being renamed Police and Judicial Cooperation in Criminal Matters (PJC))
  • ‘Upgrading’ of several JHA policies from unanimity voting in the Council to QMV after five years
48
Q

The Lisbon Treaty on the AFSJ

A
  • Abolished the three pillar system; extended influence of the EP and extended jurisdiction of COJ
  • Extension of EU competences in the AFSJ
  • QMV in many (but not all) areas
  • EP co-decision in many (but not in all) areas
  • Charter of Fundamental Rights gained binding legal force
  • The ‘emergency brake’ mechanism
49
Q

What is the emergency brake mechanism?

A

If a member of the Council considers a draft directive would affect fundamental aspects of its criminal justice system, it may request that the draft directive be referred to the European Council. In that case the ordinary legislative procedure shall be suspended. After coming to a consensus, the EC will, within four months of this suspension, refer the draft back to the Council, which shall terminate the suspension of the ordinary legislative procedure.

50
Q

What is the Common Foreign and Security Policy?

A
  • The Common Foreign and Security Policy (CFSP) is the organized, agreed foreign policy of the European Union (EU) for mainly security and defense diplomacy and actions.
  • Decisions require unanimity among member states in the Council of the European Union, but once agreed, certain aspects can be further decided by qualified majority voting.
  • Foreign policy is chaired and represented by the EU’s High Representative, currently Josep Borrell.
51
Q

The foreign policy dualism of the EU

A
  • Supranational: EU competences, especially in economic areas, like the Common Commercial Policy → part of EU market integration
  • Intergovernmental: EU competences like, CFSP, Neighborhood policy and the Accession to the EU
52
Q

What is the European External Action Service?

A
  • the diplomatic service and combined foreign and defense ministry of the EU
  • led by the High Representative for Foreign Affairs and Security Policy, who is also President of the Foreign Affairs Council and vice-president of the European Commission
  • does not propose or implement policy in its own name, but prepares acts to be adopted by the High Representative, the European Commission or the Council
  • also in charge of EU diplomatic missions and intelligence and crisis management structures
53
Q

The development of the CFSP

A
  • Maastricht Treaty: CFSP was the second pillar and based on an intergovernmental structure, therefore decisions require unanimity
  • Amsterdam Treaty: QMV for some policy implementation decisions and states were allowed constructive abstention
  • Nice Treaty: further strengthening of enhanced cooperation
  • Lisbon Treaty: greater coherency and the creation of a single post of the High representative of the Union for Foreign Affairs and security policy. Also the creation of the EEAS
54
Q

The policy process of the CFSP

A
  • Because of the politically sensitive nature of much of their policy content, CFSP policy processes have never been part of the EU policy process mainstream
  • They are separately provided for in the Treaties.
  • They are intergovernmentally based.
  • They rest on intensive inter-state consultations.
  • They have their own institutions.
55
Q

Actors related to the CFSP

A
  • European Council and Council, generally deciding by unanimity
  • COM provides support to the High Representative
  • EP is to be consulted on the main aspects and basic choices of the CFSP
  • The CJEU has no jurisdiction over the CFSP
56
Q

Commission’s role and power with foreign policy

A
  • The intergovernmental treaty base of foreign policy has meant that the Commission’s position has always been much weaker in the foreign policy context than it has in respect of external trade.
  • Creation of High Representative and EEAS have partly weakened the Commission’s inst. position in respect of foreign policy.
  • However: High Representative is a leading member of the Commission.
57
Q

What does the High Representative do?

A
  • Member of both the College of Commissioners and the Council (chairs the Foreign Affairs Council)
  • puts into effect CFSP
  • ensures compliance of the MS activities
  • represents the Union for matters relating to the CFSP
  • conducts political dialogue with third parties
  • since Lisbon: assisted by the External Action Service
58
Q

How is the High Representative appointed?

A
  • The European Council initiates the process by making a nomination, with agreement of the President-designate of the COM
  • After that, there is a hearing in the EP
  • According to Art 17 TEU, this is the exact same process as all other members of the College of Commissioners

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