Law-Making In The EU

Question 1

What are the three key institutions and where are their missions outlined?

Answer 1

Commission/Parliament/Council

Article 13 TEU sets out the features and limitations of the institutions.

I.e. They cannot act ultra vires (Safe Countries of Origin - the Council does not have direct implementing powers)

Question 2

Describe the institutions in one line each:

Answer 2

Commission - the formal agenda setter of the EU

Council - comprises of national ministers so is constantly fluctuating in membership

Parliament - has the power to propose amendments and veto legislation under the OLP - directly elected.

Question 3

What are the three main parts of the Commission?

Answer 3

College of Commissioners

Directorates-General

Cabinets

Question 4

Explain the College of Commissioners:

Answer 4

There are 28 commissioners, including the President (Jean-Claude Juncker) one from each member state.

Each commissioner is responsible for a particular policy area although there is collegiality among them and decisions will be collective.

Commissioners are generally appointed from the party in government for 5 year terms.

Question 5

What is the role of the President?

Answer 5

To appoint other commissioners.

To decide the internal organisation of the Commission and set the agenda.

To represent the Commission (and often the EU itself) in matters involving heads of government.

Question 6

Is the Commission efficient?

Answer 6

No, although it employs over 32,000 people, the British civil service employs over 500,000.

Less than 20% of legislative proposals made it to the agenda between 2000 and 2004.

Question 7

What are the two key strengths of the Commission?

Answer 7

It has the legislative initiative of the EU - it gets to set the agenda.

It can block amendments in the OLP or withdraw its proposals if they appear unworkable.

Question 8

What are the DGs? What’s wrong with them?

Answer 8

The ministries within the Commission - there are 33, each answerable to a particular commissioner.

They work on proposals for the commissioners.

As each area is very different and there is no central coordinating mechanism, there is little cohesion between the DGs.

Question 9

What are the cabinets and why are they controversial?

Answer 9

The Cabinets are the office of the commissioner, appointed by the President.

The Cabinets organise meetings between commissioners and are very opaque, bringing their legitimacy into question.

Question 10

What are the two main ways in which the Commission can propose legislation?

Answer 10

Written procedure - a proposal is drawn up by a lead DG and circulated around others for negotiation. The proposal is then approved by the responsible commissioner and passed around the others. If there are no objections then it is adopted as a Commission Decision.

Oral procedure - a meeting is held between members of the responsible Cabinets and if they agree, the proposal is passed to the College for notification.

Question 11

What are the powers of the Commission?

Answer 11

Article 17(1) TEU - it must promote the general interests of the Union and ensure the application of the Treaties

Question 12

What are the two forms of quasi-legislation available to the Commission? Why is this controversial?

Answer 12

Delegated measures - Article 290 TFEU - the Commission can amend or supplement non-essential elements of legislation.

Implementing measures - Article 291 TFEU - the Commission can set out the implications of EU legislation in greater detail.

These abilities are widely used and raise issues of democratic accountability as the Commission can rewrite legislation without the mandate to do so.

This was challenged in Schengen Borders Code 2012 - these powers cannot affect matters requiring important political choices.

Question 13

What is the Commission’s agenda-setting ability?

Answer 13

The Commission decides the legislative programme for each year.

It stimulates policy debate I.e. On the internal market.

It hears the interests of national governments, industries and NGOs.

Question 14

Is the Commission politicised?

Answer 14

Yes, heavily politicised - it is the marketplace for the development of ideas from a variety of interested parties.

It’s autonomy no longer necessarily serves the best interest of the EU.

Follesdal and Hix suggest that the President should be democratically elected - it is too politicised to be undemocratic.

Question 15

What accountability mechanisms are in place for the Commission?

Answer 15

Appointment process involves interviews by the Parliament, involving a democratic element.

Commissioners can be impeached.

Parliament can pose questions and answers to Commissioners.

Question 16

Are the Commission accountability mechanisms appropriate?

Answer 16

Parliamentary interviews have been successful - Jonathan Hill.

But commissioners are never fired and the Commission has only been impeached once - this does not provide a day-to-day form of accountability, whereas national governments have these type of measures in place.

Parliamentary questions are a weak form of accountability.

Question 17

Outline the European Parliament:

Answer 17

The Parliament consists of 751 directly elected MEPs.

No state may have less than 6 MEPs or more than 96.

The EU has no power over how MEPs are voted in by the member states.

Question 18

What is the issue with proportionate representation?

Answer 18

The ‘Maltese question’ - every vote in Malta or Luxembourg counts for over 10 votes in Germany.

Gauweiler - the German Constitutional Court expressed concern at the lack of equality for elections across the EU

Question 19

What other important issues are there?

Answer 19

Less than half of European citizens vote in EU Parliament elections.

There are no EU political parties, just European party groupings - European People’s Party (right wing) and Progressive Alliance of Socialists and Democrats (left wing)

Question 20

What does Grimm say about the nature of the Parliament?

Answer 20

It’s far-removed nature means that voters do not have anything to go on when choosing candidates. Many do not vote for this reason.

There is no European public political discourse.

Question 21

What are the broad powers of the EU Parliament?

Answer 21

Article 14 TEU gives legislative power to the Parliament and Council.

Dann - the Parliament is a ‘working’ rather than ‘debating’ one as it reviews the work of the executive.

Question 22

What is the Council of Ministers?

Answer 22

The institution that represents national governments.

A minister from each member state sits within each of the 10 configurations.

Power is conveyed to it by Article 16 TEU.

Question 23

What are the powers of the Council?

Answer 23

It legislates jointly with the Parliament.

It can take other institutions before the ECJ for failure to comply with EU law.

It polices the fiscal and economic policies of Eurozone states.

Importantly, it has power of final decision on the adoption of legislation in most areas of EU policy.

Question 24

How does voting in the Council work?

Answer 24

Voting is by QMV unless stated otherwise in the Treaties.

15 member states with 65% of the EU population must vote in favour.

A blocking minority must be at least 4 states with a 35% population.

Question 25

Why does Poland not like the new Council voting arrangement?

Answer 25

It lost a disproportionate amount of votes.

It makes it easier for populous countries to block measures.

Question 26

What does the Presidency of the Council do?

Answer 26

It rotates every 6 months and has a number of duties;

Setting the agenda for Council meetings.

Representing the Council before other institutions.

Setting the legislative agenda for terms of office.

Question 27

What is the secretariat?

Answer 27

The body which organises Council conferences and serves Council committees.

It provides advice to the Council on the legality of its actions.

Question 28

What is COREPER?

Answer 28

The central body responsible for preparing Council meetings.

It sets agendas and determines which items are most important.

It is largely responsible for what the Council is to decide on.

Members of COREPER sit in on the conciliation committee in the OLP.

Question 29

What is the first stage of the OLP?

Answer 29

Following the submission of a proposal by the Commission to the Parliament and Council there is the first reading;

1. Parliament will approve the proposal or propose amendments.
2. There will be a Trilogue between the three institutions.
3. The Council will either approve the Parliament’s position by QMV or adopt a Common Position

Question 30

What is the second stage of the OLP?

Answer 30

1. The Parliament approves, rejects or proposes amendments to the Common Position.
2. The Commission will give an opinion on the Parliament’s proposed amendments.
3. The council will either approve the amendments or not.

Question 31

What is the third stage of the OLP?

Answer 31

If the amendments have not been approved by the Council at second reading then;

1. There is a conciliation committee which will agree a joint text within six weeks.
2. The Parliament and Council must accept the text in the given time for it to pass.

Question 32

What is the importance of the Parliamentary veto?

Answer 32

It has only been used 5 times.

The threat of the veto is an important coercive tool for the Parliament.

Question 33

Why are Trilogues controversial?

Answer 33

They have changed the nature of the First Reading from an opportunity for initial consideration to the moment of final decision in 80% of proposals - Kardasheva.

They are informal so are not always recorded.

They prioritise efficiency over scrutiny of measures.

They give greater power to the Commission, deepening the democratic deficit.

Question 34

What is the consultation procedure and why is it controversial?

Answer 34

The consultation procedure is a legislative procedure which gives power to the Council and Commission without much input of the Parliament.

The Parliament is the most democratically legitimate institution and bypassing it deepens the democratic deficit in the EU - Follesdal & Hix.

Question 35

What is Weiler’s definition of the democratic deficit?

Answer 35

Tension between executive EU powers and national Parliamentary control.

National Parliaments are always accountable to their voters but the EU often acts beyond the control of the national Parliaments that gave them legitimacy in the first place.

Question 36

What is Majone’s take on the Democratic Deficit?

Answer 36

That in fact the EU is about regulation and not about being democratic.

It is about making decisions where there are no losers. A majoritarian EU would serve short-term interests, not long-term ones.

This is why the EU has gold standards for data protection, product standards and food safety.

It is also why there has been such success in the single market and with tackling issues such as pollution.

Question 37

What do Follesdal and Hix say about EU elections?

Answer 37

There are no truly European elections and because of this, national MEP elections are based on national matters, not European ones.

The EU is institutionally and psychologically distant for voters.

Democracy needs to be more competitive - less than 50% of citizens vote for MEPs.

Question 38

What is Majone’s argument?

Answer 38

There is a credibility crisis - decision making is democratic but needs to be more transparent.

Even if the EU always acts with the best intentions, citizens cannot trust them if there are no ways of holding making them accountable.

Citizens don’t have access to the different sides of EU policy debates and so cannot form an opinion on them.

Question 39

What is Moravcsik’s argument?

Answer 39

The EU institutions are democratic, national Parliaments scrutinise ministers’ actions in Brussels and the Parliament has a veto.

It is easier to access EU documents than national government ones.

Question 40

How does Moravcsik think the EU should be changed?

Answer 40

1. Democracy must be institutionally competitive. As there is no clear opposition, citizens cannot identify alternative leaders or policies.
2. People do not have knowledge on the areas where the EU has competency and which are protected.
3. Referendums on EU matters ought to be used more frequently.
4. Voters have no way of ‘punishing’ MEPs for voting in the wrong way.
5. The Council Is not transparent enough, voting records and proposals are not published.

Question 41

What are Huber and Shackleton’s main observations on the Parliament?

Answer 41

It is difficult to balance efficiency with transparency.

It is difficult to track the Trilogue and Parliament’s interaction with lobbyists.

There is no direct route for citizens to make proposals to Parliamentarians.

Question 42

What are the benefits of the Trilogue and Codecision?

Answer 42

Codecision between Parliament and Council has led to more legislation being passed than ever before.

Codecided acts take less time to pass and are still of good quality - standing up to challenges before the ECJ.

It overcomes the language barrier present in the Parliament.