Institutions of the EU

Question 1

Which specific source of law do the institutions stem from?

Answer 1

European Coal and Steel Community (ECSC).

Question 2

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

Answer 2

Weak.

Question 3

List the 5 institutions we are concerned with.

Answer 3

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

Question 4

Which Treaty established the European Council?

Answer 4

Treaty of Lisbon 2009.

Question 5

Which institution is the ‘face’ of the EU?

Answer 5

European Council.

Question 6

What is the composition of the European Council?

Answer 6

Heads of MS.

Question 7

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

Answer 7

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

Question 8

Who is the current president of the Council?

Answer 8

Donald Tusk.

Question 9

What is the role of the European Council?

Answer 9

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

Question 10

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

Answer 10

No, but they have large influence.

Question 11

How is the European Parliament composed?

Answer 11

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

Question 12

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

Answer 12

60 min 96 max

Question 13

What does “digressively proportional representation” mean?

Answer 13

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

Question 14

What are the three roles of the European Parliament?

Answer 14

Legislative, Budgetary, and Supervisory.

Question 15

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

Answer 15

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)

Question 16

Briefly explain extent of budgetary role of Parliament

Answer 16

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

Question 17

Explain supervisory role of European Parliament

Answer 17

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

Question 18

Can Parliament require individual Commissioners to step down?

Answer 18

No.

Question 19

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

Answer 19

Council of Ministers. Co-legislator.

Question 20

What is the composition of the Council of the EU?

Answer 20

Minister rep from every MS.

Question 21

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

(hint - flexible)

Answer 21

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

Presidency is determined by the country on rotation.

Question 22

Role of the Council.

Answer 22

Dominant legislator - handles special legislative procedure

Shares budgetary role with Parliament.

Question 23

What is the composition of the Commission?

Answer 23

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

Question 24

How are Commissioners put in place? President of Commission?

Answer 24

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.

Question 25

Primary role of Commission?

Answer 25

Executive functions (primary role) - Negotiation and management.

Question 26

Legislative role of Commission?

Answer 26

Proposes legislative acts

Question 27

Judicial role of Commission

Answer 27

initiate actions for breach of EU law by MS

Question 28

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

Answer 28

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

Question 29

Composition of CJEU

Answer 29

One judge from each MS assisted by Advocates-General.

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