Institutions of the EU Flashcards
Which specific source of law do the institutions stem from?
European Coal and Steel Community (ECSC).
Does the EU have a weak or strong separation of powers?
Weak.
List the 5 institutions we are concerned with.
European Parliament, European Council, Council of the EU, CJEU
Which Treaty established the European Council?
Treaty of Lisbon 2009.
Which institution is the ‘face’ of the EU?
European Council.
What is the composition of the European Council?
Heads of MS.
How is the President of the European Council elected? How does the term work?
By qualified majority by the European Council. They sit for a s.5 year term, renewable once?
Who is the current president of the Council?
Donald Tusk.
What is the role of the European Council?
“executive” branch of the EU. They define the general political directions and priorities, and provides the Union with necessary impetus for development.
Is the European Council allowed to legislate? What actually happens in practice?
No, but they have large influence.
How is the European Parliament composed?
Elected Reps from the MS citizens, up to 750 MEPs plus President.
What is the minimum and maximum number of MEPs per MS?
60 min 96 max
What does “digressively proportional representation” mean?
Smaller states are overrepresented and large states are under, under the representation system.
What are the three roles of the European Parliament?
Legislative, Budgetary, and Supervisory.
What are the stages of the legislative role of the European Parliament
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)
Briefly explain extent of budgetary role of Parliament
Oversees mandatory and non-mandatory budgeting. Lots of control.
Explain supervisory role of European Parliament
Supervises Commission - Elects President of Commission, can question the Commission and demand written answers, and require Commission to resign en bloc.
Can Parliament require individual Commissioners to step down?
No.
What is the Council of the EU aka? and what is its function?
Council of Ministers. Co-legislator.
What is the composition of the Council of the EU?
Minister rep from every MS.
What is unique about the Council’s composition? About the presidency?
(hint - flexible)
Exists in various configurations depending on the aim to be achieved in various sectors.
Presidency is determined by the country on rotation.
Role of the Council.
Dominant legislator - handles special legislative procedure
Shares budgetary role with Parliament.
What is the composition of the Commission?
One national of each MS, plus President plus High Representative of the Union for Foreign Affairs and Security Policy.
How are Commissioners put in place? President of Commission?
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.
Primary role of Commission?
Executive functions (primary role) - Negotiation and management.
Legislative role of Commission?
Proposes legislative acts
Judicial role of Commission
initiate actions for breach of EU law by MS
What was the third court (tribunal) called and what happened to it?
EU Civil Service Tribunal. Merged with General Court sep 2016.
Composition of CJEU
One judge from each MS assisted by Advocates-General.
Judges must be qualified to sit in highest court of the land.
