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Political institutions Flashcards

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1
Q

what are the 6 political institutions of the European Union

A
  • The Council of the European Union (Council of Ministers)
  • The European Council
  • The Commission
  • The European Parliament
  • The Court of Justice of the European Union
  • The Court of Auditors
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2
Q

who participates in the council of the European Union (the council of ministers)

A

a minister from each member state of the EU - 27 of them

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3
Q

what are the main roles of the council of ministers

A

coordinating economic policies
legislative activities
conferring implementation powers on the commission
concludes eu international agreements
coordinate economic policy
governance agency
have an influence on foreign security office

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4
Q

what political institutions participate in the law making process

A

the council of ministers
European Commission
european parliament

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5
Q

at what stage does the council of ministers participate in the law making process

A

at the end - they decide whether it should become law or not

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6
Q

how are decisions made in the council of ministers

A

determined by article 16(3) to have a qualified majority voting as its norm although unanimity is still required in politically sensitive areas such as tax. the allocation of votes per country is an inexact science, a mixture of population and political horse trading, the Lisbon treaty will change the mechanics of QMV until 2014

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7
Q

the council of ministers is involved in co-ordinating economic policies what types of things does it do with this power

A

it is one of two arms of budgetary authority - council lays down the criteria and decision making, looking at the financial component there is a multi financial framework which operates under article 311 and 312 which provides basis for financial transparency

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8
Q

how often does presidency of the council rotate

A

traditionally every six months between the member states art 16(9)

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9
Q

what is the number of votes given to a member state dependent on

A

the population of the member state

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10
Q

how many votes are required in order for an act to be adopted

A

260 votes in favour of representing a majority of the members where under the treaties they must be adopted on a proposal from the commission

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11
Q

what is required If the 260 votes are not met by the member states

A

a compromise in order to attract other member states from a different alliance - ie east and south of the EU

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12
Q

if a an act is adopted by the european council or the council by a qualified majority what may a member state do?

A

they may request that a check is made to ensure that the member states comprising the qualified majority represent at least 62% of the total population of the union. if this proves not to be the case the act shall not be adopted

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13
Q

what is the main difference between the european council and the council of the European Union

A

THE EUROPEAN COUNCIL DOES NOT PARTICIPATE IN THE LAW MAKING PROCESS (NO LEGISLATIVE FUNCTION)

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14
Q

Who participates in the european council

A

the heads of state or the government of the member state together with its president and the president of the commission. the high representative for foreign affairs and security policy all take part in its work

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15
Q

what is the main role of the european council

A

provide the union with the necessary impetus for its development and shall define the general political directions and priorities thereof. it does not excersise legislative functions

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16
Q

how often does the european council meet

A

twice every six months

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17
Q

how does the european council elect its president

A

by a qualified majority for a term of two and a Half years renewable once

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18
Q

can the european council terminate a presidents term of office

A

yes in the event of an impediment or serious misconduct

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19
Q

why does the UK dislike the commission

A

because they say it is too powerful

the members are appointed not elected therefore there is no democracy

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20
Q

how many people does the commission employ

A

almost 20,000 people

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21
Q

who can become a commissioner

A

past presidents or politicians from the member states who are appointed by the member states

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22
Q

how often does office change in the commission

A

every 5 years

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23
Q

what is the process that needs to be followed by the member states to nominate a commissioner

A
  • the individual is given a portfolio (usually relating to what is in discussion in the commission
  • they present themselves to the parliament
  • parliament interviews them and either approves or disapproves
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24
Q

if a nominee is disapproved by parliament does this mean they are withdrawn

A

no - however usually the member state will withdraw the nominee and nominate someone else

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25
Q

in order for the commission to be approves as a body what needs to happen

A

it needs to be approved by the European Parliament

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26
Q

can the commission be dismissed as a body

A

yes but only by the European Parliament

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27
Q

what is the main role of the commission

A

drafting of EU law

28
Q

how often does the commission meet

A

weekly

29
Q

what are the powers of the commission

A

THE KEY POWER IS IMPLEMENTING AND DELEGATING ACTS

they have to act in the interests of the union, they are delegated by by the parliament and the council. they oversea the application of eu law and monitors the treaties within the member states

30
Q

who is the work of the commission overseen by

A

the president

31
Q

why may a commissioner be removed

A

if they no longer fulfil the conditions required for the performance of his duties
or if they have engaged in serious misconduct

32
Q

who may remove a commissioner

A

the court of justice on application by the council acting by a simple majority or the commission

33
Q

what is the main job of the European Parliament

A

to make law

34
Q

what is the political institution that has undergone the most change

A

the European Parliament

35
Q

what are the main changes that happened to the European Parliament

A
  • it was originally called the assembly
    it was compromised of delegates nominated by the member states
    it had no democratic credentials
    its main role was a supervisory body although it had a role in the creation of legislation this was purely consultative
36
Q

what was the parliament previously known as and what is the shift in importance now

A

the consultative parliament , before 30 years ago it could only give an opinion and this opinion was not binding on whether a bill should become law or not however now it has a co-decision with the council to agree whether a bill should become law or not if either of them disagree then it will not become law.

37
Q

who is parliament elected by

A

the member states

38
Q

what case shows the importance of the consultative role of the european parliament

A

Roquetee v council

39
Q

what type of chamber is the European Parliament

A

a directly elected chamber

40
Q

what are the three functions of the European Parliament

A
  • legislative (looking at draft law twice plus the final decision with the council at the end of the process)
  • budgetary approval - the parliament also has to co-decide with the council if they agree or disagree with the proposed budget
  • Supervisory - the power of control that they have over specific institutions (the commission) which is constantly under scrutiny
41
Q

what power does the European Parliament have that no other institution has

A

the power to sack the commission (motion of censure) article 234 TFEU - this has never been used but its threat of use was enough to make the commission resign in 1999

42
Q

who are the Committee of Permanent Representatives (COREPER)

A
  • linked to the council of ministers
  • they are the ministers of the member states (deputies somewhat) who stay in Brussels and do the donkey work for the ministers - their work is crucial without it the council of ministers would not be able to function
43
Q

how often do COREPER meet

A

once a month

44
Q

what type of work does COREPER do

A
  • llaising with commission services
  • to provide smooth running and accountability of administration
  • preparing the work for the council and carrying out the tasks assigned to it by the council
45
Q

who works for the court of auditors

A

accountants

46
Q

what do the accountants who work for the court of auditors jobs consist of

A
  • looking at the books of the EU

they look at the budget and where the money is spent and sign the budget off

47
Q

is the court of auditors essential

A

no it has not signed off the budget for the last 5 years therefore it is important but not essential

48
Q

what is an auditor required to have to be able to work for the court of auditors

A

they need to be qualified as an auditor and they need to have independence from any interests

49
Q

are the court of auditors appointed or elected

A

appointed by council by a qualified majority based on consultation from the Eu parliament

50
Q

how long does an appointment last for court of auditors

A

6 years and 3 years for president

51
Q

what is the function of the court of justice of the European Union

A

functions as the main body within the EU

52
Q

what was the court of justice of the European Union previously known as

A

the court of first instance

53
Q

the court of justice of the European Union incorporates two courts what are these

A

European court of justice and the general court

54
Q

where is the court of justice located

A

Luxembourg

55
Q

what is the court of justice main importance

A

it has been to build a community that is based upon the rule of Law ensuring that EU law is applied uniformly throughout the 27 member states, it is an independent structure

56
Q

what is the working language of the court of justice

A

French

57
Q

how is the court of justice composed

A

one judge per member state each of whom must be eligible for the highest judicial office in the relevant country

58
Q

how often are judges appointed to the court of justice

A

every 6 years with the possiblity of renewal

59
Q

can a judge be removed from the court of justice

A

can only occur with unanimous resolution of the judges and advocates general not by the member states

60
Q

how long does the president of the court of justice serve office for

A

he is elected by the judges to serve a three year term with the possibility of renewal

61
Q

who assists the judges in the court of justice the Uk did not have one

A

advocate generals - there role is to provide to the judges all the information they need to come up with their decision - they form an opinion which makes up a large part of the decision process as they’re opinion is usually followed. however the court is not bound to follow their opinion

62
Q

who is the current president of the court of justice

A

VASILLOS SKOURIS

63
Q

what are the two types of cases that fall before the court

A

main direct actions

preliminary rulings

64
Q

what types of cases may be seen in a main direct action before the court of justice

A

enforcement proceedings
judicial review
appeals from general court

65
Q

what are preliminary references

A

they are specific to the court of justice
principles that are not written they cannot be found in any treaties because they are formed opinions and decisions of the court
- a national court refers a query about Eu Law to the court of justice to look at and provide an opinion or guidance on the case which is then referred back to the national court in order for the case to ultimately be determined there
it is not binding however usually the member state will follow the guidance or advice from the court of justice

66
Q

what is the general courts main area of responsibility

A

dealing with cases and dealing with competition law and the disputes that arise between the EU and its employees

67
Q

name a case that proves that the court of justice is a radical body and it wants to do more than just solve disputes

A
  • van gend en loos

- costa v enel

EU law (8 decks)

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