Institutions of the EU - L4 Flashcards
The institutional landscape of the Union
1/ The (named) institutions = Art 13 (1) (TEU) =
the european parliament, (stras / brussels / luxembourg)
the European Council, (brussels)
the council of the EU, (luxembourg/ brussels)
the european commision, (brussels, luxembourg, representatives across EU)
The court of justice of the EU (luxembourg)
the european central bank, (frankfurt) (controls euro currency, supposed to keep inflation below 2%; eurozone members have representatives sitting at board)
The european court of auditors (luxembourg; auditing= someone whose job is to examine the accounts of a business and to produce a report on them; contro/ checkl EU finances)
Organ = DE; institution = EN; institution = FR
Einrichtung = DE; Body = EN; organ = FR
2/ Other (in the Treaties named) advisory bodies = e.g.- Art. 13(4) TEU; Art. 300 ff. TFEU
European external action service, = external body, that supports EU on foreign affairs matters
european economic and social committee,
european committee of the regions, = members are representatives of local self-administrative bodies from the MSs, advice on matters regarding local/ regional government legislation drawn up by EC/EP/Council (ex: health, social policy, employment, energy,education, climate change, transport, social cohesion, etc);
european investment bank,
european ombudsman, (checks that EU does what they are supposed to be, investigates EU “mistakes”)
european data protection supervisor,
european data protection boars,
european public prosecutor’s office
Art 13 (4) TEU, Art 300 ff TFEU
Art 27 (3) TEU
Some of them advise institutions (ex economic/social committee, or commitee of the regions); some of them ensure that institutions comply w EU rules and procedures (ombudsman, european data protection supervisor)
- Art. 27 (3) TEU
3/ Offices, agencies, and other bodies = created by
secondary law, often reporting to and assisting theCommission.
(=located in various MSs, but one agency for the whole EUso decentralised; ex: EU-LISA/EC-DC, EMA, EBA (=european banking authority;established 2010 after financial crisis; mostly individual decisions + non binding measures (soft law)); established by secondary legislation, reporting to the commission, punctual mandate by/within a secondary law instrument; have specific “job” (= EC DC, just disease control)
Union Institutions („the High Table“)
Art 13 (1) TEU:
* the European Parliament
(Brussels/Strasbourg/Luxembourg)
* the European Council (Brussels)
* the Council of the European Union
(Brussels/Luxembourg)
* the European Commission
(Brussels/Luxembourg/Representations across the EU)* the Court of Justice of the European Union
(Luxembourg)
* the European Central Bank (Frankfurt)
* the European Court of Auditors (Luxembourg)
Advisory/Auxiliary Bodies
European External Action Service
European Economic and Social Committee
European Committee of the Regions
European Investment Bank
European Ombudsman
European Data Protection Supervisor
European Data Protection Board
European Public Prosecutor’s Office
Varied status: some bodies have the task of advising the institutions (the European Economic and Social Committee, the European Committee of the Regions); others ensure that the institutions comply with EU rules and procedures (the European Ombudsman, the European Data Protection Supervisor). The European External Action Service is an external policy body that supports the EU on foreign affairs matters.
Example: CoR
European Committee of the Regions (CoR)
- Compulsory consulation of the EC, Council and EP
when drawing up legislation on matters concerning
local and regional government such as health,
education, employment, social policy, economic and
social cohesion, transport, energy and climate change.
- Advisory opinions on its own initiative on the same matters.
Members = representatives of local self-administrative bodies fromthe MSs
Decentralized Agencies
„Decentralized“ because loceted in the various MSs, but one agency for the entire EU
Established by secondary legislation, reporting to the Commission
Punctual mandate by and within a secondary law
instrument.
Example: EBA – European Banking Authority
Regulation of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking
Authority) (OJ 2010 L 331, p. 12).
Art. 1 (2) of the Regulation = the Authority shall act within the scope of the powers conferred on it by this Regulation and within the scope of a number of legislative acts referred to therein and any other legally binding acts of the Union which confer tasks on the Authority (X e.g. the Commission)
Mostly individual decisions + non-binding (general) measures (‘soft law’)But when is one exactly ‘within the individual authorisation’ - e.g. C-911/19, Féderation bancaire française (‘Guidelines on the supervision and governance of retail banking products’ - boundary between ‘corporate governance’ and ‘product governance’?)
(Horizontal) Separation of Powers in the Union?
Legislature = Commission (proposal), Parliament + Council
(‘Federal Council’)
Executive = Commission + agencies + authorities + the CouncilJudiciary = ECJ (if ‘control’, then also the Court of Auditors + a little bit of the Parliament)
Principle of institutional balance (Art. 13 (2) TEU)
Compliance with the horizontal distribution of competences, in particular the legislative procedure
Each institution has a right to safeguard its competences vis-àvis the others (“mutual sincere cooperation”)
- Judiciary = the most clear one; other one dont have clear line divisions
- No strict separation of power (principle of institutional balance though, says institutions have to respect each other + their decisions; mutual cooperation; weaker than national separation of powers)
The Many Councils
The European Council # the Council (of Ministers) # the Council of Europe
The European Council = Art. 15 TFEU= Heads of State and
Government of the EU + Permanent President of the European
Council (currently still Charles Michel) + Commission President (currently Ursula von der Leyen) = ‘big political moves’: Impulses, priorities, important decisions (#Summit)
The Council (of ministers) = 16 TFEU= the respective responsible ministers (subject-specific composition - e.g. finance or home
affairs) = ongoing ‘day-to-day’ business, the legislator
Presidency of the Council (and the EU) rotating every 6 months
(first half of 2022 = France, second half = Czech Republic)
The Council configurations
The Council meets in 10 configurations, bringing together the relevant ministers from the Member States:
* General Affairs;
* Foreign Affairs;
* Economic and Financial Affairs;
* Justice and Home Affairs;
* Employment, Social Policy, Health and Consumer Affairs;* Competitiveness (Internal Market, Industry, Research and Space);
* Transport, Telecommunications and Energy;
* Agriculture and Fisheries;
* Environment;
* Education, Youth, Culture and Sport.
Council Voting: QMV
(Art. 16 Abs. 4 TEU, Art. 238 TFEU, Prot. Nr. 36, Declaration Nr. 7)
- Simple majority x qualified majority x unanimity
= Qualified Majority = the default voting system (16 (3) TEU):
* 55% of the MSs (= 15 of 27 MS)
+
* Representing at least 65% of the EU population.
(Österreich = 2,02 % of the EU population; Deutschland = 18,72%, Malta =0,12%)
+ special rule for a blocking minority (16 (4) TEU): No, if 4 explicit votesagainst.
QMV: genesis and context
- compromis
Unanimity (the rule in international law) is the exception for certain cases (e.g. Art. 7 TEU procedure)
Ioaninna compromise (Declaration No. 7) - no more ‘empty chairs’ = group of states below the blocking minority, rejection of the legal act to the Council; extension of discussion (Council must ‘do everything in its power’ to find a satisfactory solution, but no veto, no final blocking possibility).
In general: compromises + consensus are nevertheless desired (a.k.a. ‘the Camel is a horse designed by a Committee’)
However, in the end - decisions can also be taken against the will of the largest 3 MS (however, legal recourse to the CJEU is open)
European Parliament
No more than 750 seats
(Art. 14 (2) TEU) -
today 720 members (At = 20)
Political (not national) groups
Direct election since 1979
- No more than 750 seats 8art 14 (2) TEU) today 720 members (at= 20)
- Seats are assigned by number population size of country (growing member states can progressively get more seats, and opposite) (so based on country u vote in, your vote ‘counts more’) (but contribute it a bit fairly, so not contributed 100% to amount of citizens, but more proportionally)
- Political (not national groups)
- Direct election since 1979
- parties= EPP, S & D (social democrats), Patriots (populists/ right wing), etc.
Powers:
1/ Legislative (co-decision by default in all ordinary
legislative procedure)
2/ Budgetary (co-establishing budget with the Council)
3/ Supervisory (debate, control, investigate, receiving
petitions, question time for the members of the
Commission)
4/ Elective (confirmatory) – „electing“ the president of the European Commission proposed by the MSs and the
confirming the college of the Commissioners
Each EU Citizen one vote?
Yes, but do they carry the same weight?
QMV in the Council before
10/2014 – (Protokoll 36 zum
LV)
29 = Germany, UK, France, Italy
27 = Spain, Poland
14 = Romania
13 = Netherlands
12 = Greece, CZ, Belgium, Hungary, Portugal
10 = Sweden, Austria, Bulgaria
7 = Slovakia, Denmark, Finland, Ireland,
Lithuania
4 = Latvia, Slovenia, Estonia, Cyprus, Luxembourg
3 = Malta
Distribution of MEPs after the Treaty of Lisbon (before Brexit)
96 = Germany
74 = France
73 = Italy, UK
54 = Spain
51 = Poland
33 = Romania
26 = Netherlands
22 = Belgium, CZ, Greece, Hungary, Portugal 20 = Sweden
16 = Austria
18 = Bulgaria
13 = Finland, Denmark, Slovakia
12 = Ireland, Lithuania
9 = Latvia
8 = Slovenia
6 = Cyprus, Estonia, Luxembourg, Malta
Spitzenkandidaten?
Article 17(7) TEU (post-Lisbon): Taking into account the elections to the European Parliament and after having held the appropriate consultations, the European Council, acting by a qualified majority, shall propose to the European Parliament a candidate for President of the Commission. This candidate shall be elected by the European Parliament by a majority of its component members. If he does not obtain the required majority, the European Council, acting by a qualified majority, shall within one month propose a new candidate who shall be elected by the European Parliament following the same procedure.
The Commission
Subdivision into (currently 33) thematic Directorates-General(DGs/DGs), e.g. Competition (DG COMP), Internal Market (DGGROW), Customs and Taxation (DG TAXUD) …+ several departments+ agencies e.g. Legal Service, Archives, OLAF, Publications Office …1 + 26 Commissioners (1 per MS); Reduction to 2/3 of the MSprovided for by primary law, but not implemented (Art. 17 para. 5TEU)
Responsibility for a specific policy area (= one or more DGs)
Term of office: 5 years
Monopoly on legislative initiative
Execution + monitoring of all EU law (‘guardian of the treaties’)
Case 1:
In the wake of the Ned Leaks scandals, it
becomes known that the Netherlands is a tax
haven and tax avoidance schemes distort
competition in the EU. Commission President
Peter Niederknaaken was previously Minister
of Finance in the Netherlands and is coming
under fire because of the Ned-Leaks scandals.
Does the EU Parliament have the power to
remove Commission President
Niederknaaken?
*Art. 17(8) TEU: „The Commission, as a body,
shall be responsible to the European
Parliament.“
* Rule 127 Rules of Procedure EP:
◦ (1) A motion of censure in respect of the Commission may
be submitted to the President by 1/10 of the component
Members of Parliament.
◦ (7) In accordance with Article 234 TFEU, the motion of
censure shall be adopted if it secures a 2/3 majority of the
votes cast, representing a majority of the component
Members of Parliament. The President of the Council and
the President of the Commission shall be notified of the
result of the vote.
An legal act was issued in the form
of a regulation. Can it nevertheless
be transposed into national law?
*Regulation, Art. 288(2) TFEU:
Binding in its entirety + directly
applicable → no need
*Prohibition of repetition: duplication
prevents uniform application of
Union law (Variola, Case 34/73)
What is the difference between
delegated and implementing acts?
- Delegated acts (Art. 290 TFEU) = Commission
supplements or amends non-essential aspects of
a framework legislative act → has a direct impact
on the content of the legislative act and is thus
more than mere implementation. - Implementing acts (Art. 291 (2) TFEU) = The
Commission can give the Member States
guidelines for implementation if, exceptionally,
there is a need for “uniform conditions for the
implementation of binding Union acts”
Why and to what extent is the primacy
of EU law a conflict resolution rule?
*It resolves the conflict between the
applicability of parallel coexisting legal
systems of the EU and the MS
*Conflict resolution rule = Union law always
takes precedence over national law in its
application to a specific situation
*National law is not invalidated, only
blocked
How does the ECJ justify the primacy
of EU law?
*Case 6/64, Costa v E.N.E.L.
*EU created a new legal order which
became an “integral part” of the MS
*MS transferred powers to EU, thus limiting
their sovereignty
*The objectives of the Treaty, namely
integration and cooperation, would be
undermined without primacy
Does EU law enjoy primacy over
national constitutional law
according to the ECJ?
*Case 11/70, Internationale
Handelsgesellschaft
*The primacy of EU law over national law
applies at every level, including national
constitutional law
What is an ultra vires act?
- Conflict of competence between the ECJ and
national constitutional courts, primarily
Germany
*BVerfG, Case 2 BvR 859/15, Weiss (PSPP)
◦EU acts ultra vires when it acts outside the
powers conferred on it
◦In the core area of national law, ultra vires
EU law should not claim precedence, as no
powers have been conferred on the EU
What about Art. 13 (4) TEU?
*Economic and Social Committee and the
Committee of the Regions = institutions
of the EU
*… but (primarily) supporting and advising
Appointment of Commission
- European Council proposes President of the
Commission with Qualified Majority (QM), taking into
account the result of European elections (→
“Spitzenkandidaten” debate) - EP has to consent and formally elects President of
the Commission - Appointment of other Commissioners at suggestion
of Council with QM in consensus with designated
President - Entire Commission is subject to approval by vote of
the EP
