Institutions of EU and law making Flashcards
The European Council’s main role is to determine the EU’s general political direction and priorities - essentially setting the policy agenda for the EU. This is done in practice via the adoption of conclusions during each European Council meeting.
The European Council mostly takes its decisions by consensus.
The European Council is not one of the EU’s legislating bodies, so cannot formally negotiate or adopt EU laws
The members of the European Council are the heads of state or government of the 28 EU member states, the European Council President and the President of the European Commission.
The High Representative of the Union for Foreign Affairs and Security Policy also takes part in European Council meetings when foreign affairs issues are discussed.
The European Council meets at least twice every 6 months. Its meetings, often referred to as ‘EU summits’, are held in Brussels and are chaired by the European Council President.
The Council of the EU is the institution where the EU Member States meet.
One representative at ministerial level, who is empowered to commit his/her government and to vote in its name, represents each EU country.
The Council regularly adopts legislative acts, usually with the European Parliament, and the Council performs policymaking and coordinating functions.
In practice, the Council meets in 10 different configurations according to the subject matter dealt with.
The deliberations and votes are always public when the Council makes a decision on a draft legislative act.
The presidency of the Council is held by groups of three EU countries for a period of 18 months. Each member of the group holds the presidency of all Council configurations for 6 months. The Foreign Affairs Council has a permanent chairperson: the High Representative of the Union for Foreign Affairs and Security Policy
The European Commission’s role is to uphold the general interests of the European Union. It has the power of legislative initiative and makes sure that the EU treaties and law are applied. The European Commission also manages and implements EU policies.
The term Commission can refer to the institution, the college of commissioners and the administrative personnel.
Political leadership is provided by a team of 28 Commissioners (one from each EU country) – led by the Commission President, who decides who is responsible for which policy area.
Commissioners are however collectively responsible for all decisions taken by the Commission.
The Commission may only hold valid deliberations and take legally binding decisions if a majority of members provided for under the treaty is present. In practical terms, the Commission decides by consensus.
A new Commission is appointed every five years
The candidate for President of the Commission is proposed to the European Parliament by the European Council that decides by qualified majority and taking into account the elections to the European Parliament. The Commission President is then elected by the European Parliament by a majority of its component members
Following this election, the President-elect selects the 27 other members of the Commission, on the basis of the suggestions made by Member States. The final list of Commissioners-designate has then to be agreed between the President-elect and the Council. The Commission as a whole needs the Parliament’s consent
The European Parliament is the co-legislator of the EU. It has legislative and budgetary powers, which it shares with the Council, as well as a democratic supervisory role. The European Parliament is directly elected by EU voters every 5 years. The last elections were in May 2014.
The number of MEPs for each country is roughly proportionate to its population, but this is by degressive proportionality: no country can have fewer than 6 or more than 96 MEPs and the total number cannot exceed 751
Parliament’s seat is in Strasbourg, where it holds 12 monthly part-sessions. Additional part-sessions and committee meetings are held in Brussels. Parliament elects the President of the Commission and the College of Commissioners. It can also force the Commission to resign by voting a motion of censure
What is the European Union: unionization of 27 member states and a combine population of 500 million people. Multilateral treaty governs the operating and functioning of the EU. Free movement of goods, free movement of people for the purposes of work, establishment and services.
This idea you can improve your gross domestic product. Can improve this by joining EU because of what it offers re free movement of goods, goods can move between member states between any barriers no restrictions to move against borders.
Free movement of people – EU citizenship, individuals are entitled to be citizens of the EU going to look at how this works in future weeks. But it allows individual to move from one member state to another state freely for purpose of work or to provide services. When you join EU you are joining the EU legal system, this form of international government and co-operating together is quite unique doesn’t really happen on an international level. It allows member states to become economically interdependent, formed after second world war, co operative approach required to rebuild Europe, working together, pulling in resources so they could trade with one another.
One keys things in EU legal system, principal of subsidiary, what can the EU do and what powers given. When the European union makes a decision then that binds the states and those states lose sovereignty
Article 3 – purpose of the European Union: aim is to promote peace, values and well being of peoples, will look at freedom of people later on in relation to this. Key purpose is that its an area of freedom and idea of security and justice. European union combats social exclusions, tries to do a lot of things, these are goals which will be achieved and attained periodically. Going to be focusing on European union institutions and the legal system of EU.
Institutions of the EU: commission, council of ministers and European parliament are known as the legislative institutions look at these more detail in compared to other institutions as they make law. Other institutions of the EU: Court of justice of the EU, Court of auditors, European ombudsman, European central bank, committee of the regions, economic and social committee.
• THE COMMISSION OF THE EUROPEAN UNION: Council of the EU is the council of ministers is involved in decision making and legal adoption of laws. European commission is the body propose legislation and then it goes to the council and the parliament who make decision whether they want to adopt it or they can make amendments, the final decision is based upon what the Council of European union want, co-operation between the three, commission, council and parliament.
COMMISSION OF EU: Co-dependent relationship between the three. There are checks and balances involved in terms of making, adopting and amending legislation. European commission cannot pass legislation unless the other two have adopted the legislation proposed, three way system where you have legislative institutions working together. The European commission is an executive body which drafts law but does not pass it, this done by the council of the ministers and European parliament.
Commission engages in consultation with other bodies while drafting laws. Commission enforces the law if a law is not being followed by a state. Team of 27 commissioners nominated by member state, it is the first state of legislative process but cannot go pass law by enacting it , can only draft it.
Membership of the Commission- TFEU article 245(1) the commission represent the European unions interest not the individual member states interest, 27 commissioners there appointment period is 5 years Article 17)3) TEU. Each commissioner has responsibility for a portfolio, what can these commissioners do? What are the powers?- they promote general interest of the EU, the oversea application of the EU law, if there is no compliance with EU law then the commission steps in. They execute budget and management functions.
