The Institutions of the EU - The European Commission, the Council of Ministers, the European Parliament

Question 1

What are the 7 EU Institutions and where is a list of them found?

Answer 1

Article 13 TEU
1. European Commission
2. European Parliament
3. The Council of Ministers
4. The European Council
5. The Court of Justice of the European Union
6. The Court of Auditors
7. European Central Bank

Question 2

What are the key treaty provisions for the European Commission?

Answer 2

Article 17 TEU
Article 244-250 TFEU

Question 3

Discuss the legislative basis for the functions of the European Commission.

Answer 3

Article 17 TEU
Article 17(1):
- Promote the general interests of the Union
- Ensure the application of the treaties
- Oversee the application of EU Law
- Execute the EU budget
- Manage programmes
- External representation (apart from CFSP)
Article 17(2):
- Right to initiate legislation unless the Treaties provide otherwise

Question 4

Discuss the legislative basis for the EU commissioners.

Answer 4

Article 17(3) TEU
- 5 year term
- 3 Criteria - General competence, European commitment, independence beyond doubt
- EC independent - No instructions from governments or other institutions and no incompatible actions

Question 5

Discuss the legislative basis for the composition of the Commission?

Answer 5

Articles 17(4) and 17(5) TEU
Article 17(4) - 27 commissions including President and HR FASP (VP)
Article 17(5) - 2/3 reduction clause unless unanimous agreement by the European Council to alter this number. Article 244 TEFU for redundant bit

Question 6

Explain the legislative basis for the appointment of the Commission.

Answer 6

Article 17(7) TEU
- QMV European Council consultations and EP elections proposes a candidate for EC president to EP who elect the candidate by a majority
- Council of Ministers with president elect form the list of other commissioners based on MS suggestions
- EP vote of consent
- EC appointed by European Council QMV

Question 7

Explain the legislative basis for the duties of commissioners.

Answer 7

Article 245 TFEU
- No incompatible actions
- Independent - No MS influence
- No other occupation
- Obligations - Integrity and discretion before, during and after
- Breach - CoJ - Compulsory retired or deprived of pension/other benefits instead

Question 8

What is the legislative basis for the termination of the office of a commissioner?

Answer 8

Articles 246 and 247 TFEU
Article 246 - End = Normal replacement, death, resigns, compulsorily retired
Article 247 - No longer fulfils conditions/Serious misconduct = Simple majority of the EC/Council can request the CoJ to compulsorily retire the Commissioner
Article 17 - President resignation provision

Question 9

Discuss the legislative basis for the Role of the President of the Commission.

Answer 9

Article 17(6) TEU
a) lay down guidelines for the Commission’s work
b) decide on the internal organisation of the Commission
c) appoint EC VPS except HR FASP

Question 10

Discuss the legislative basis for the EC president’s powers.

Answer 10

Article 248 TFEU
- Commissioner portfolios and reshuffle

Question 11

Discuss the legislative basis for the EC’s voting rules

Answer 11

Article 249(1) TFEU - EC rules of procedure and published
Article 250 TFEU - Act by a majority of its members (but usually use consensus)

Question 12

Discuss the legislative basis for the Council of the European Union (the Council of Ministers/the Council)

Answer 12

Article 16 TEU and Articles 237-243 TFEU

Question 13

Discuss the legislative basis for the role of the Council

Answer 13

Article 16(1) - TEU - Jointly exercise legislative and budgetary functions with EP
Policymaking and co-ordinating functions as in Treaties

Question 14

Discuss the legislative basis for the composition of the Council

Answer 14

An MS representative at ministerial level who may commit the government of its MS and cast its vote

Question 15

Discuss the legislative basis for the voting rules in the Council

Answer 15

Article 16(3) TEU - QMV unless Treaties provide others
Article 16(4) - QMV = 55/62 rule - 55% of the Council members (15 MS as 27 x 55% = 14.85) and 62% of the EU’s population
Article 238(1) - Simple majority = Majority of its component members
Article 238(4) - Abstentions don’t prevent unanimity voting
Article 352 TFEU

Question 16

Discuss the legislative basis for the Council configurations.

Answer 16

Article 16 TEU - Different configurations including GAC - Consistency in the different council configurations’ work and follow-up meetings ; FA Council - Union’s external action based on European Council guidelines and Union’s action consistent

Question 17

Discuss the legislative basis for CoRePer

Answer 17

Article 16(7) - A Committee of Permanent Representatives of the Governments of the Member States shall be responsible for preparing the work of the Council.
(Pyramid - Ministers - Ambassadors (CoRePer II) - Deputy Ambassadors (CoRePer II); General Secretariat = Civil service of the Council)

Article 240 TFEU
1. A committee consisting of the Permanent Representatives of the Governments of the Member States shall be responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the latter…
2. The Council shall be assisted by a General Secretariat, under the responsibility of a Secretary-General appointed by the Council.

Question 18

Discuss the legislative basis for the requirement that the Council meet in public.

Answer 18

Article 16(8) TEU - Lawmaking (deliberating and voting on a legislative act); two parts for Council meetings

Question 19

Discuss the legislative basis for the presidency of the Council

Answer 19

Article 16(9) - Council configuration presidencies held by MS representatives on equal rotating basis apart from FA council

Question 20

Discuss the legislative basis for when the Council meets

Answer 20

Article 237 TFEU - President, one of its members or EC

Question 21

What are the main relevant treaty provisions for the European Council?

Answer 21

Article 15 TEU and Articles 235/236 TFEU

Question 22

Discuss the legislative basis for the role of the European Council.

Answer 22

Article 15(1) TEU - Necessary impetus to Union for its development and the EU’s general political direction and priorities. No legislative functions.
(Note - Plays a particularly important role in crises and EC president European Council member - Link)

Question 23

Discuss the legislative basis for the Composition of the European Council.

Answer 23

Article 15(2) TEU - MS Heads of State or Government, its president, EC president. Also HR FASP

Question 24

Discuss the legislative basis for meetings of the European Council

Answer 24

Article 15(3) TEU - Twice every six months convened by its president (in reality, more often e.g. special meetings)

Question 25

Discuss the legislative basis for the decision-making procedure of the European Council.

Answer 25

Article 15(4) TEU - Consensus (unanimity) unless Treaties provide otherwise (QMV)

Question 26

Discuss the legislative basis for the presidency of the European Council

Answer 26

Article 15(5) and 15(6) TEU
Article 15(5) - European Council elect president by QMV for a 2.5 year term renewable once. Impediment or serious misconduct - End term by same procedure
Article 15(6) - The President of the European Council:
a) shall chair it and drive forward its work
b) shall ensure the preparation and continuity of the work of the European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council;
c) shall endeavour to facilitate cohesion and consensus within the European Council;
d) shall present a report to the European Parliament after each of the meetings of the European Council.
No national office

Question 27

Discuss the legislative basis for voting in the European Council

Answer 27

Article 235/236 TFEU
Article 235 - Procedural rules
Article 236 - QMV for Council configurations list and their presidencies apart from GAC/FA

Question 28

What are the main relevant treaty provisions for the European Parliament?

Answer 28

Article 14 TEU and Articles 223-234 TFEU

Question 29

Discuss the legislative basis for the role of the EP?

Answer 29

Article 14(1) TEU - Exercise legislative and budgetary functions jointly with Council; political control and consultation - Treaties; elect EC president

Question 30

Discuss the legislative basis for the composition of the EP.

Answer 30

Article 14(2) TEU - Representatives of the Union’s citizens, 751 members maximum including president, digressively proportional - 6/96 rule

Question 31

Discuss the legislative basis for the term of the EP

Answer 31

Article 14(3) TEU - Five years, DE, free and secret ballot

Question 32

Discuss the legislative basis for the EP presidency and officers.

Answer 32

Article 14(4) TEU - Elected by EP members

Question 33

Discuss the legislative basis for EP election and governance.

Answer 33

Article 223(1) & Article 223(2)

Question 34

Discuss the legislative basis for EP political parties.

Answer 34

Article 224 TFEU

Question 35

Discuss the legislative basis for the EP’s power to request legislation.

Answer 35

Article 225 TFEU - EP majority request EC to make proposals on EU action necessary for treaty implementation. EC refuses - Give EP reasons

Question 36

Discuss the legislative basis for the EP’s supervisory powers.

Answer 36

1. Powers in appointing the EC
   i. Article 14(1) TEU  power to elect the President of the Commission
   ii. Article 17(7) TEU  power to elect the President of the Commission and vote its approval of the Commission as a body
2. Power to censure the EC - Article 234 TFEU
3. Parliamentary questions - Article 230 TFEU (EC must respond, Council has discretion but usually does)
4. Debates, reports and programmes e.g. Article 233 TFEU; Article 17 TEU - EP looks back and forward in time as EC’s ALP presented to and debated by EP; Article 15(6) TEU - Council meetings reports; Article 284(3) TFEU = ECB AR
5. Temporary commitees of inquiry - Article 226 TFEU
6. Litigation - Article 263/265 TFEU
7. Right to petition the EP - Article 227 TFEU