Which are the three main desision-making institutions in the EU?
- European Parliament (represents the EU’s citizens and is directly elected by them)
- Counsel of the European Union ( represents the individual MS)
- European Commission (seeks to uphold the interests of the Union as a whole)
What is the Treaty of Lisbon?
It replaced all previous excising treaties with a single treaty, setting out clearly what the Union is, how it makes decisions and who is responsible for what . It provided the EU with with its own legal personality and with the legal framework and tools necessary to meet future challenges and to respond to citizens’ demands.
The Treaty introduced:
- move from unanimity to double majority voting in the Council of Ministers.
- greater legislative powers
- Charter of Fundamental rights legally binding (however it does not fully apply to UK, due to opt-out)
What is the treaty of Rome?
Lay down
Which EU institution creates laws?
It is the European Commission that proposes new laws, however it is the Parliament and Counsel that enact them. T
Which areas do the EU have exclusive charge?
- Competition rules
- The Euro
- Common commercial policy
In which areas does the MS have primary responsibility?
- Health
- Education
- Industry
In which areas do the MS and EU share competence?
- Internal market
- Agriculture
- Transport and energy
What is the principle of “subsidiarity”?
It was introduced by the Treaty of Lisbon and state that EU’s decision must be taken as closely to the citizens as possible. Apart from those areas which fall under its exclusive competence, the EU does not take action, unless this would be more effective than action take at national, regional or local level. This principle is complemented by the “proportionality” principle, whereby the EU must limit its actions to that which is necessary to achieve the objectives set out in the Treaty of Lisbon.
What is the European Parliament?
Elected by EU citizens to represent their interests. Elections are held every five year and each EU citizen is entitles to vote, and to stand as a candidate, wherever they live in the EU. The Parliament has 751 members from 28 member states. The Parliament has three main roles:
- Passing European laws (jointly with the Council in may policy areas) The sharing of powers between the Parliament and the Council is known as co-decision
- Democratic supervision other other EU institutions and in particular the Commission
- The power of purse - Parliament shares with the Council authority over the EU budget and can therefore influence EU spending. They approve the budget.
The Parliament usually vote with single majority, except:
- Second vote in co-decisions
- Budget votes
- Approval of international treaties (and some other decisions outside the scope of co-decision
Then its made with absolute majority.
What is the European Council?
It is made up of the most senior elected political representatives of the member states - prime ministers and presidents. It is a separate institution in its own right. The Council reaches its decision by consensus, unanimously or by qualifying majority.
What is the Council of the European Union?
Also referred to as the “Council of Ministers. It is made of of 28 government ministers representing each of the Member States. It is a key decision-making body that co-ordinates the EU’s economic policies and plays a central role in foreign and security policy.
Share law-making and budgetary powers with the European Parliament. As a general rule, decisions are taken by qualified majority vote.
Six key responsibilities:
- Pass EU laws (with the Parliament)
- Co-ordinate the broad economic policies of the MS
- Conclude international agreements between EU and other countries and organisations
- Jointly with the Parliament, approve the EU budget
- Develop the EU’s common foreign and security policy, based on guidelines of the European Council
- Co-ordinate co-operation between the national courts and police forces in criminal matters
What are the systems for “qualifying vote”
Two parallel systems:
Where an act is adopted on a proposal form the Commission or the High Representative for Foreign Affairs and Security Policy, the following requirements apply:
(a) 55% of the members must vote in favor (16-18) and,
(b) these members must represent 65% of the EU population.
In other votes requiring qualifying majority, the following requirements apply:
(a) 72% of the members must vote in favor (21-28) and,
(b) these members must represent at least 65% of the EU population.
Which areas require unanimous approval?
- Foreign policy
- Defense,
- judicial and police cooperation
- Taxation
What is the community domain?
Areas of action where the MS have decided to pool their sovereignty and delegate derision-making powers to the EU institutions. This domain is the “first pillar” of the European Union.
Describe the “High representative of the Union for Foreign and Security Policy/Vice president of the Commission
This is designed to help the EU to be able to better defend its interests and values on the international stage and express itself as one voice
What is the European Commission?
It is the executive body of the EU. It is intended to represent, independently, the interests of the EU as a whole. It is accountable to the European Parliament. It is the only institution with the general power to initiate proposals for legislation.
Have four main roles:
- Propose legislation to Parliament and the Council
- Manage and implement EU policies and the budget.
- Enforce European law (jointly with the Court of Justice)
- Represent EU on the international stage e.g by negotiation agreements between the EU and other countries.
Members are called “Commissioners”/ Have all held political positions in their MS, but now the act in the best interest of the Union.
What is the Court of Justice of the European Union?
CJEU - based in Luxembourg. Consists of two courts:
- European Court of Justice
- General Court (Court if First Instance)
What is the Court of Justice?
Part of (CJEU). Composed by one judge per MS (two judges per MS sine September 2019). Usually sit as “grand Chamber” of just 15 judges or in chambers of five or three judges. Assisted by 11 “advokates-general. Their role is to present reasoned opinions on the cases brought before the court.
What is the Court of first instance (General Court)?
Help the Court of Justice to cope with large number of cases. Initially responsible for giving ruling on certain cases, such as brought by private individuals, companies and certain organisations. Now it is also responsible for judicial review, actions for failure to act and actions for damages against the EU. May appeal to Court of Justice on point of law only.
What is the primary law of the EU?
Treaties. Sets out the distribution of competences between the Union and the MS.
What is secondary legislation in the EU?
- Regulations
- Directives.
- Decisions (binding on the addressed)
- Recommendations and opinions ( not binding. Exception for diseases)
Describe the Van Gend en Loose case.
The Court of Justice held that, in order that a provision would be regarded as having “Direct Effect” so as to enable a citizen to endorse a right granted by the European Community legislation against the state, the provision must
- be sufficiently clear and previously stated
- be unconditionally or non-dependent and
- confer a specific right for the citizen to base his claim.
Describe the Costa V ENEL case.
Sets out the principle of Supremacy of EU law.
What does “directly applicable” mean?
It means that Treaties and Regulations directly come into force and does not require implementation by the MS.
