Week 2-Instituional Framework II & Competences

Question 1

What are the legal bases for the EU institutions?

Answer 1

Article 14-19 TEU

Article 223-287 TFEU

Question 2

Commission-whom?

Answer 2

Article 17 TEU- 1 commissioner per MS + 1 president
Vice President is high representative for foreign affairs and security policy
- appointed by EC with approval of commission

Question 3

Commission-elections?

Answer 3

MS appoint commissioner
Maas treaty- EP given power to approve appointment of Comm as a whole.
Lisbon treaty- EP power to elect with majority the EC commission nominated with QMV

Question 4

Commission-resignation

Answer 4

Voluntary-art246TFEU

Comm president- requests it under 17(6) TEU
Reshuffle - 248 TFEU
Compulsory retirement 245/7 TFEU: council or commission: apply to CJEU
Removal of pension-245 TFEU (comm v cresson)

Question 5

What are the 4 main functions of the commission?

Answer 5

Legislative initiative

Ensuring application of eu law

Executing EU budget

External representation of the EU

Question 6

How is the EP elected?

Answer 6

Directly elected
751 representatives
(Min6 max96 per MS)

Digressively proportional to the detriment of larger MS

Question 7

What are the functions of the EP

Answer 7

Legislative-adoption of legislative acts with council
Legislative initiative-ask Comm to propose
Establishes budget with council
Political monitoring (226-30 TFEU)

Question 8

What are the different voting procedure in the EP

Answer 8

1-art 231 EP shall act by simple majority of members
2-majority of component members
225 and 294(7)
3-quarter of component members226
4-2/3 majority of votes cast and majority of component members 234 and 354

Question 9

What is the Council of the EU?

Answer 9

MS representatives, usually ministers depending on the subject matter
Presidency rotates between the MS every 6 months

Question 10

What are the Council’s functions

Answer 10

Legislative-16 TEU