week 2 eu Flashcards
! How can the European Commission be understood as an agent and what are the risks and how can principal counter this?
EC as an agent of individual member states (principals) to which competences have or have not been delegated
risks with agency are:
- agent may not be neutral
- agent may want to increase its influence
- agent may want to increase independence
principal may counter by:
- careful agent selection (collective effort of EU)
- control (either by monitoring (“police-patrol or fire alarm”) or task specification)
! How has this principal-agent relationship shaped the European commission in the last decades? (7)
- paris treaty: policy initiation and management by High Authority
- Rome treaty: policy initiation in common market and CAP administrator to EC
- Single European Act: EC competences in area of single market, health and safety, EMU
- Maastricht Treaty: refusal to delegate EC competences in areas of foreign & defense policies and justice & home affairs
- Amsterdam Treaty: JHA competences partially delegated to EC
- Nice treaty: marginal competences transfer
- Lisbon treaty: established catalogue of competences
! What is meant with dual executive within the EU?
- European Commission,who
- initiates policy in selected areas
- budget responsibilities
- monitoring policy implementation
- international representation - member states (CoM and European Council)
- set EU’s long and medium term agenda
- delegating competences to EC in treaty reforms
! How can the European Commission be seen as national government in terms of structure?
- core executive (College of Commissioners)
- bureaucracy (Director Generals)
- network of quasi-autonomous agencies (comitology: national government officials scrutinizing EC’s implementing measures)
! How can EC be seen as national government in terms of administrative accountability?
this is unclear:
- consists of (limited) parliamentary scrutiny by EP and national parliaments
- but EP cannot force individual Commissioner’s resignation
- EC belongs to most transparent EU institutions
! How can EC be seen as national government in terms if political accountability?
this is unclear:
Is EC legitimate leader?
- when European Council is proposing new president, they have to take into account EP elections
- proposed commissioners undergo European Parliamentary hearing
- EC as whole needs to be approved by EP
- EC as whole may be censured by EP
! Which two EU institutions share legislative powers and how?
bicameral:
1. European Parliament
structure:
- EP president and 14 vice-presidents
- political groups (7- and non-inscrits)
- committees
powers:
- from consultation (CoM consult Parliament)
- over cooperation and assent (SEA)
- to co-decision (TEU), now known as OLP
2. Council of Ministers
structure:
- Ministers
- COREPER(s) and COPS (professional diplomats with permanent representatives and COPS= security)
- working groups
powers:
- decision-making by unanimity, QMV (55% of ms, representing 65% of population)
! How does European Court of Justice represent judicial politics?
structure:
- 27 judges (6 year term) and 11 advocate generals
powers:
- jurisdiction over infringement cases, judicial review cases and preliminary rulings
- Kompetenz-kompetenz: Since Lisbon treaty, ECJ is sole authority to decide on cases of competence conflicts (thereby becoming much like highest courts of individual member states)
The ECJ has become the actor that advances or slowes down the process of european integration:
- principle of direct effect (Van Gendt & Loos)
- principle of state liability (Francovich I)
- principle of supremacy of EU laq (Costa v. ENEL)
- principle of mutual recognition (Cassis de Dijon)
ECJ can be understood as
- neutral actor (legal formalist view)
- agent of ms (intergovernmentalist view)
- independent actor (supranational view)
What is police patrol?
installing a second agent that will keep a close eye on the first agent, however in the EC and its expenses, installing a second EC would be problematic
what is the fire alarm option?
relies on the work of interest groups and organizations that are somehow affected. When EC proposes new law, there are certain interest groups affected and if they feel like EC is overstepping boundaries, interest groups can raise alarm to their individual ms
! What does Arend Lijphart say about democratic political systems?
Lijphart argues that democratic political systems eventually boil down to two different models of democracy:
1. majoritarian: seek to concentrate executive powers and put relatively few constraints on its exercise. these political systems value ability to govern over the need to secure the consent of all interested parties. All executive powers go to majority of vote
2. consensus: institutions have been designed in a way that they disperse power and restrain its use. Can be achieved by using a system of proportional representation which results in election outcomes where non of the parties has a majority. Governments will consist of coalitions that command a sizeable majority
Describe the European Council and its functions
consists of heads of government and three additional members who cannot vote
- President of European Council (Charles Michel, pm of Belgium); chairs the meetings, prepares agenda and represents EC externally. Members elect president every 2,5 years
- High Representative of the Union for Foreign Affairs and Security Policy: responsible for EU foreign and development policies, humanitarian aid operations and external action service, also member of Commission
- President of Commission (Ursula von der Leyen): represent Commission and is present at European Council meetings to ensure coordination with activities of Commission
EC has four tasks
1. providing political direction: sets long-term agenda for EU.
2. problem solver and ultimate arbiter: acts as ultimate intergovernmental decision-making body for issues that cannot be resolved by the Council
3. treaty revisions:
- ordinary revision procedure: by majority vote
- simplified revision procedure: unanimously agreement
4. appointments
describe the Council of Ministers (CoM, the Council)
consists of ten configurations, General Affairs Council, and permanent representatives who are ambassadors of MS to EU
main tasks are:
- legislative: often with EP
- executive: responsible for EU external relations through CFSP. They make formal decisions in accession procedure by officially declaring countries as candidate members and deciding upon their accession process following Copenhagen Criteria
Describe the Commission (EC)
consists of 27 commissioners, nominated by ms in coordination with the president, who have to have parliamentary hearing. The president is nominated by European Council and EP has to approve it
- College of Commissioners as highest decision-making body
They have four tasks:
- preparing and initiating legislation: monopoly to initiate legislation and send legislative proposals to Council and EP in all areas except CFSP and some others
- implementing policies: tasks as daily executive includes administering EU budget and keep track of revenues and expenses.
- external representation: trade negotiations representatives
- guardian of treaties: monitors correct application of community law in EU and correct implementation of policies by MS and private sectors. Can enforce right implementation of laws by sending warnings, imposing fines and bringing cases to ECJ
describe European Parliament
consists of 751 directly elected members for term of 5 years. The number of seats depends on country’s population. parties are ideological organized, not nationally.
tasks:
- budgetary: approve and regulate budget
- legislative: Treaty of Maastricht set EP on equal footing with Council (assen, cooperation and co-decision procedure)
- scrutiny of executive: EP has right to ask and receive information from other institutions. has right to set up temporary commissions of inquiry to investigate maladministration in implementing EU law, and EP can submit cases to EJ
- appointment and dismissal of Commission: right to approve president EC and needs to approve full EC before they can take office.
