Institutions

Question 1

Commission - Whom?

Answer 1

Art. 17 TEU + 244 TFEU

1. 28 Commissioners + 1 president:
   - 1 Commissioner per MS
2. Must be independent
3. Vice-President is High Representative for Foreign Affairs and Security Policy:
   - Appointed by EC with approval of Commission President
   - Chairs foreign affairs Council
   - External representation of CFSP

Question 2

Commission - Elections

Answer 2

Artcile 17 TEU

1st - Commission President is appointed by EP based on proposal of EC
2nd - Council and Commission President choose the Commissioners
3rd - EP votes on the Commission as a whole
4th - EC appoints the new Commission

Question 3

Commission - Resignation

Answer 3

Art. 17 TEU

1. Voluntary
2. On request of Commission President (he can also just reshuffle)
3. Council or Commission can apply to the CJEU (art. 245 and 247 TFEU)
4. Pension rights can be taken away (art. 245 TFEU)

Question 4

Commission - Functions

Answer 4

1. Legislative initiative
2. Can report MS to CJEU
3. Executes EU budget
4. External representation of the EU

Question 5

European Parliament - Elections

Answer 5

1. Directly elected by the people according to national law:
   - Low voter turnout
2. Increasing number (751):
   - By proportional representation
   - Advantaging smaller states
3. President is elected by the EP amongst its member
4. Seats in Strasbourg because France is being France

Question 6

EP - Functions

Answer 6

1. Legislative:
   - Consents
   - Proposes via the Commission
2. Establishes budget via Council
3. Political:
   - Elects Commission President
   - Creates Committees of enquiries
   - Elects European Ombudsman
   - Concludes International Agreements

Question 7

Council of the EU - What? Whom?

Answer 7

1. Generally called council - To be differentiated from the European Council
2. MS representatives, usually ministers depending on the subject matter
3. Presidency rotates between the MS every 6 months

Question 8

Council of the EU - Functions

Answer 8

1. Legislative:
   - Veto
   - Can amend! Check 293
2. Budgetary functions
3. Coordinating functions
4. Policy-making functions

Question 9

COREPER

Answer 9

1. Comité des Représentants Permanents

2. Prepares the work of the Council and takes procedural decisions

Question 10

Council of the EU - Voting procedures

Answer 10

1. Commission proposal - Use QMV Art. 16(4) TEU
2. Not Commission proposal - Use 238(2) TFEU
3. Not all MS vote - Use 238(3) - Check whether proposal comes from Commission or else!
4. Unanimity - For sensitive issues (EU membership, citizenship, CFSP, Harmonisation, Eu finances and sometimes JHA)

Question 11

European Council - Whom?

Answer 11

1. Different from Council!
2. HoS or HoG of all MS
3. • President of European Council:
     - Elected by the European Council for 2.5 years
     - Cannot have a national mandate on top
4. • President of Commission

Question 12

European Council - Functions?

Answer 12

1. Not legislative

2. Only political

Question 13

European Council - Interplay with other institutions

Answer 13

Proposes candidate for Commission President
• Appoints Commission
• Appoints High Representative for FASP
• Can unanimously change the number of Commissioners

Question 14

Court of Justice - Whom?

Answer 14

1. 28 judges (1 per MS)
2. 6 years
3. • 11 AG
4. Appointment (255 TFEU):
   - According to national law in each MS
   - By a Committee (old members of ECJ + lawyers + 1 EP candidate) which gives its opinion

Question 15

General Court - Whom?

Answer 15

1. 45 judges (at least 1 per MS)
2. 0 AG
3. When:
   - Direct actions against MS
   - Direct actions against EU
   - Competition, CFSP, access to documents, freezing of funds