Institutions + procedures Flashcards
commission tasks
- the Commission has the monopoly of legislative proposals (Parliament and Council need to request the Commission to submit a proposal)
- budgetary planning and implementation
- execution and implementation of primary and secondary law
- overseeing of correct implementation of EU law in the MS
commission composition
collegiate body: president, high-representative and commissioners (1/MS)
secretariat general - connects political and administrative level
administrative level: directorate generals + services
commission’s president election, Spitzenkandidaten model
It’s a model according to which the president of the commission is chosen based on Art 17(7) TEU, the president should originate from the political group which won the European elections
- Council proposes a President with QM, Parliament has to consent and formally elect him
commissioners’ election
QM of Council in consensus with the designated President, Parliament has to approve
commission - directorates general?
special departments of the Commission specializing in various policies
commission quorums
presence - 50% + 1
decision: simple majority of ALL members but usually consensus in practice
green and white papers
planning of the drafting of legislative proposals
- green papers: preliminary documents outlining potential course of action, they identify problems and propose measures to address them; they usually undergo public consultation
- white papers: next phase, chosen options and timetables for their adoption
decentralized agencies
- established under secondary law
- have their own legal personality
- financial and administrative autonomy in performance of their tasks
- sometimes empowered to adopting binding acts towards individuals but subject to actions for annulment (Art 263)
centralized/executive agencies
- in Brussels, under the umbrella of the Commission
- management of special EU programmes
- usually established for a limited time
high representative?
hybrid position in council and commission, vice president of the commission
tasks: overseeing and executing the Common Foreign and Security Policy, can also propose initiatives within it
european council members
- heads of state or government of the MS
- permanent president of the council (third party, appointed by QM of the Council’s members)
- President of the Commission
- High representative - present in policy issues discussions
when did the council become an institution?
it informally existed since 1974, formally upgraded to an institution with the treaty of lisbon
european council tasks
direct involvement in legislation strictly forbidden!
-principal tasks are formulation of political guidelines and priorities
-choosing the commission’s president
-european council president represents the EU externally together with high representative
european councils quorums
presence quorum: 2/3
decision: consensus
troika
rotating presidency of the council of europe, the current, previous and subsequent presidents work together (6 months presidency)
MS have some possibility to push issues of national importance
the council of the eu
representatives of the MS on ministerial level, sub-formations depending on topics
troika
Brussels
council formations
10 formations / configurations in which the council meets to discuss different areas (economic, foreign, environment)
council tasks
legislation (in collaboration with parliament)
budget
politics
execution
council quorums - Art 238
presence: simple majority of voting members
decisions:
standard - qualified majority (=double majority since Lisbon treaty - 55% of MS representing 65%of the population)
simple majority (half the MS + 1)
super-qualified majority (72% of the MS which must represent 65% of the EU population) Art 238 (2) TFEU
unanimity - decisions in CFSP Art 31(1) TEU
emergency break
if a MS declares that an envisaged legislative act would affect important aspects of its domestic social security (art 48 (2) TFEU) and criminal law (art 82 (3) and 83 (2) TFEU), the MS can ask that the procedure be suspended and re-directed to european council
reverse qualified majority
- to faciliate the adoption of controversial decisions e.g. sanctioning
- shifts the primary decision-making to the commission and the council is restrcted to a veto right with QM
e.g. excessive deficit procedure (art 126 TFEU)
passerelle clauses
- introduction of qualified majority voting for unanimity decisions
e.g. art 48(7) or 31(3) TEU
parliament’s assent procedure
in some special legislative procedures the parliament can’t formally partecipate in shaping its content but has a right to veto
e.g. flexibility clause art 352 TFEU
parliament - political groups
- according to political direction and not nationality
- 23 delegates from 7 MS necessary to form a political group
- membership in only one group is possible
parliament - commitees
proposals for legislation for the commission are delegated to the according committee (if more topics are involved, a main committee is chosen and others submit their opinions)
rapporteur writing the final report, transmitted to the plenary as soon as adopted in the committee
parliament - functions
- legislation
- supervision
- budget
supervision functions of the parliament
- approval of the commission’s composition
- ‘election’ of the commission’s president (results of the european’s elections)
- vote of no confidence against the entire commission
budgetary functions of the parliament
- parliament is only consulted in size and composition of own resources (laid out by council on proposal by commission) but fully involved in decisions on spending the funds
- MFF requires parliament’s approval
- annual budget established by the parliament and council by ‘ordinary legislative procedure’ (Art 314)
- grants of refuses the annual discharge of the Commission with respect to the implementation of the budget (scrutiny, control over the actual use of funds)
parliament quorums
presence: 1/3
regular decision-making: 50% + 1 of those who are present (ordinary legislative procedure)
special:
- absolute majority (50% + 1 of all members): amendment or rejection of Council proposal in second reading in ordinary procedure, adoption of MFF.
- majority presence and 3/5 of votes cast: insistence decision on annual budget
- majority presence and 2/3 of votes cast: determiantion of violation of values of the Union
- lowered to 1/4 of members: to set up committee of inquiry
CJEU composition
- ECJ
- GC
- specialized courts (art 257 TFEU)
(art 19 TEU)
ECJ and GC competences
ECJ:
- vertical and horizontal competences - matters of constitutional setup of the EU
- preliminary ruling procedure, infringement proceedings, opinions on international agreements
GC:
- protection of individual rights against EU institutions
- actions for annulment, actions for failure to act, actions for damages, arbitration proceedings
appeal of GC to ECJ
- in cases of individual actions in Art 256 (1)
- only questions of law and not facts
- only the review of GC decisions as the objective
- no appeal against preliminary reference rulings - only at ECJ’s own motion
what is special about CJEU?
- erga omnes bindingness of EU law statements
- only CJEU can declare EU acts invalid (but it can’t declare national acts invalid)
function of Advocate General
- no AG in GC but may be entrusted with specific cases, for example preliminary rulings
- support and advise the judges in decision-making process by preparing opinions which assess various solutions (more detailed than judgements)
staff composition
ECJ: 27 judges (1/MS) + 11 AGs
GC: 54 judges (2/MS)
renewable term of 6 years
both headed by a president
dual system of legal protection
CJEU holding responsibility over tasks strictly assigned in the TFEU (exhaustively enumerated)
MS courts have a catch-all character - all actions not explicitly allocated to CJEU
principle of procedural autonomy
MS can regulate the organization, remedies and procedures in their courts independently
principle of equivalence and effectiveness
Art 19 and 4 (3) TEU
all courts of MS are obliged to interpret their domestic procedures in compliance with EU law
types of infringement procedures
Art 258 - commission initiates the proceedings
Art 259 - one MS brings another MS before CJEU
Art 260 - obligation for MS to comply with CJEU judgements
admissibility of action of infringement
- submission to the ECJ as the competent tribunal
- only Commission and MS can sue
- only MS can be sued
- the object = measure failing within the sphere of responsibility of the defendant MS
- a preliminary procedure was conducted and unsuccessful
- formal requirements fulfilled
EU pilot procedure
- fulfills the informal preliminary procedure aiming to draw the MS attention to concerns (before commission’s letter)
- structured electronic exchange of information to resolve problems in the application of EU law in the MS
- not a prerequisite for infringement proceedings
preliminary procedure in action for infringement
258 - commission:
- Commission sends the MS a letter of formal notice requesting further information
- if Commission decides that it’s an infringement, it issues a reasoned opinion (formal initiation of the procedure)
- deadline for the MS to comply
- if the deadline passed, action can be taken
259 - MS vs MS:
- the applicant MS has to refer to the Commission before bringing an action
- Commission sends letter of formal notice and issues a reasoned opinion
- if no opinion is issued or the Commission argues no infringement occurred, the MS can still file an action
actions for infringement - judgement
Art 260 (1) and (2)
1. declaration of infringement = erga omnes (MS is obliged to take all measures necessary)
2. respondence deadline for MS for the commission’s opinion, application to the ECJ including penalty amount
3. distinct proceedings initiated only by the commission before CJEU: lump sum/penalty (directly possible for directive non-transposition)
lump sum? penalty payment?
lump sum = to sanction the wrongfullness of a past event
penalty payment = torwards the future, serve as incentive for MS to bring an infringement to end quickly
admissibility of action for annulment and failure to act
- submission to the responsible tribunal - GC (with exceptions art 51 CJEU)
- EU institutions, MS and individuals can sue
- only against EU entities (institutions and bodies capable of imposing obligations)
- against/towards a legally binding act
- in case of non-privileged applicants: proof of legal interest
- limit of 2 months
- general formalities fulfilled
types of applicants in actions for annulment
privileged: MS and institutions = no further requirements
semi-privileged: Court of Auditors, ECB, Committee of the Regions = only in action for annulment, ‘for the purpose of protecting their prerogatives’
non-privileged: individuals
a) addressees of a legal act
b) directly and individually concerned
c) act of direct concern to them and doesn’t entail implementing measures
Art 263
judgement in action for annulment
cassation - contested legal act and its legal effects are repealed ex tunc (unless ECJ leaves some of the legal effects)
erga omnes effect - legal act ceases to exist which has effect for everyone
applicants in action for failure to act
no differentiation between semi and fully privileged
non-privileged - direct and individual concern arise from the failure to address to the applicant of an act
Art 265
direct concern
the act in question has inevitable legal effects for the applicant (immediately and in fact)
individual concern
the legal act affects the applicant because of certain personal characteristics or special circumstances that distinguish them from any other person
Plaumann test
- closed class
- applicant’s participation in the procedure of acts adoption
- infringes specific rights e.g. trademark rights/noticeable disadvantage on the market position
Vassen criteria
- test to establish if a court of a MS can submit a preliminary reference
- based on law
- permanent
- independent
- mandatory jurisdiction
- adversarial procedure
- obligated to apply rule of law principles
= no administrative authorities or arbitral tribunals
subject matter of preliminary reference
- interpretation: of the treaties and other EU acts
validity: depends on compatibility with EU law
Art 267 (1)
right and duty to submit
right to submit - any court or tribunal
duty to submit
a) interpretation: a court or tribunal against whose there is no judicial remedy under national law
b) validity: any court or tribunal (Foto Frost case)
consequences for the breach of duty
EU law: state liability for violation of EU law by national courts, infringement action for failing to fulfill an obligation
national law: violation of lawful judge in B-VG
ECHR: arbitrary denial of referral
judgement of preliminary reference
- binding opinion on EU law for the court
- erga omnes
- ex tunc
