Institutions of the EU Flashcards

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1
Q

Which specific source of law do the institutions stem from?

A

European Coal and Steel Community (ECSC).

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2
Q

Does the EU have a weak or strong separation of powers?

A

Weak.

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3
Q

List the 5 institutions we are concerned with.

A

European Parliament, European Council, Council of the EU, CJEU

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4
Q

Which Treaty established the European Council?

A

Treaty of Lisbon 2009.

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5
Q

Which institution is the ‘face’ of the EU?

A

European Council.

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6
Q

What is the composition of the European Council?

A

Heads of MS.

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7
Q

How is the President of the European Council elected? How does the term work?

A

By qualified majority by the European Council. They sit for a s.5 year term, renewable once?

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8
Q

Who is the current president of the Council?

A

Donald Tusk.

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9
Q

What is the role of the European Council?

A

“executive” branch of the EU. They define the general political directions and priorities, and provides the Union with necessary impetus for development.

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10
Q

Is the European Council allowed to legislate? What actually happens in practice?

A

No, but they have large influence.

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11
Q

How is the European Parliament composed?

A

Elected Reps from the MS citizens, up to 750 MEPs plus President.

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12
Q

What is the minimum and maximum number of MEPs per MS?

A

60 min 96 max

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13
Q

What does “digressively proportional representation” mean?

A

Smaller states are overrepresented and large states are under, under the representation system.

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14
Q

What are the three roles of the European Parliament?

A

Legislative, Budgetary, and Supervisory.

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15
Q

What are the stages of the legislative role of the European Parliament

A

Originally, Consultative role and the Single European Act gave it power to ‘reject’ draft legislation which then required a unanimous passing by the Council.

Now it is a co-legislator under the ordinary legislative procedure, ex.. co-decision (Maastricht)

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16
Q

Briefly explain extent of budgetary role of Parliament

A

Oversees mandatory and non-mandatory budgeting. Lots of control.

17
Q

Explain supervisory role of European Parliament

A

Supervises Commission - Elects President of Commission, can question the Commission and demand written answers, and require Commission to resign en bloc.

18
Q

Can Parliament require individual Commissioners to step down?

A

No.

19
Q

What is the Council of the EU aka? and what is its function?

A

Council of Ministers. Co-legislator.

20
Q

What is the composition of the Council of the EU?

A

Minister rep from every MS.

21
Q

What is unique about the Council’s composition? About the presidency?

(hint - flexible)

A

Exists in various configurations depending on the aim to be achieved in various sectors.

Presidency is determined by the country on rotation.

22
Q

Role of the Council.

A

Dominant legislator - handles special legislative procedure

Shares budgetary role with Parliament.

23
Q

What is the composition of the Commission?

A

One national of each MS, plus President plus High Representative of the Union for Foreign Affairs and Security Policy.

24
Q

How are Commissioners put in place? President of Commission?

A

MS nominates, Parliament votes, Council officially appoints.

European Council proposes a candidate to Parliament and Parliament votes. If rejected, Council has one month to suggest new candidate.

25
Q

Primary role of Commission?

A

Executive functions (primary role) - Negotiation and management.

26
Q

Legislative role of Commission?

A

Proposes legislative acts

27
Q

Judicial role of Commission

A

initiate actions for breach of EU law by MS

28
Q

What was the third court (tribunal) called and what happened to it?

A

EU Civil Service Tribunal. Merged with General Court sep 2016.

29
Q

Composition of CJEU

A

One judge from each MS assisted by Advocates-General.

Judges must be qualified to sit in highest court of the land.