INSTITUTIONS

Question 1

INTRO

Answer 1

• article 13(1) TEU provides the U shall have an institutional framework…
• it recognises 7 institutions:
  European Parliament
  European council
  The council
  European Commission
  Court of justice of the European Union
  European Central Bank
  Court of auditors
• articles 13-19 clarify the roles and part 6 of title 1 TFEU contains detailed provisions governing the institutions this makes up the framework

Question 2

EUROPEAN COUNCIL

Answer 2

• not the same as the council is composed of the heads of state and government of the member states as well as president of the European Commission and high representative for foreign affairs and security policy
• meets in quarterly summits to establish the momentum for the U development and define its political directions and priorities
• no legislative function art 15 (1) TEU
• if the decisions are consensus they will be adopted unless treaties provide otherwise art 15 (4) TEU
• presidents role to ensure external representation of U on issues concerning common foreign and security policy… art 15(6) TEU
• president elected by qualified majority of E council members for 2 1/2 years and can be extended to second term art 15(5) and (6) TEU
• from Dec 1 19- may 31 22 president is former Belgian president Charles Michel

Question 3

EUROPEAN COMMISSION

Answer 3

• independent executive body that is main engine of EU
• only institution with power to propose legislation except when treaties say no art 17 (2) TEU
• plays role in enforcement of legislation, manages budgets and implements decisions of e parliament and council
• also political function As representative of EU in international organisations and forums
• there is a commissioner from each MS
• prospective commissioners are suggested by their countries and nominated by president elect of commission
• must be approved by parliament and then appointed by e council
• president of commission is elected by e parliament on proposal from e council art 14 (1) TEU
• current president is Ursula von der Leyen from nov 1 19 (first female)

Question 4

EUROPEAN PARLIAMENT

Answer 4

• e parliament debates amends and passes EU laws with the council
• aswell as deciding on international agreements and enlargements of the union also has supervisory and budgetary functions art 14 (1) TEU
• before brexit there was 751 members of the parliament (MEPS) Art 14(2) TEU directly elected by population of their MS
• after brexit 46/73 of the UKs seats will be empty and MEPS will be 705
• remaining 27 seats will be distributed among 14 MS that are slightly underrepresented
• art 14(2) deciders how seats are allocated by degressive proportionality
• this means MEPS from more populated MS represent more people uniform ratios not applied
• no member state has fewer than 6 or more than 96 art 14(2)
• president of e parliament represents the parliament to the other U institutes
• president is Italian politician David Sassoli since July 2019

Question 5

THE COUNCIL

Answer 5

• the council negotiates and adopts EU laws with parliament
• also coordinates the policies of MS and develops the unions foreign and security policies and concluded international agreements
• composed of ministerial representatives from each MS art 16(2) TEU
• no fixed composition of council art 16(6) TEU
• rather council meets in different configurations depending on policy being discussed
• these are determined by E council art expect foreign affairs council art 236 TFEU
• art 16(6) TEU looks at this
• see notes for more on foreign and general affairs council.
• all configs other than foreign affairs are presided over by one of the councils MS representatives on the basis of equal rotation art 16 (9) TEU

Question 6

THE COUNCIL II

Answer 6

• depending of specific treaty provision at issue qualified majority is the general rule for the adoption of decisions within council art 16(3) TEU
• since Nov 1 14 a qualified majority requires 2 thresholds to be achieved before a measure can be adopted:
  I) support of Atleast 55% of council members (15 MS reps)
  II) support of MS compromising at least 65% of the population of the EU art 16 (4)
• a blocking minority must include at least 4 MS states if not majority wins
• this prevents 3 or less of the more populous MS from being able to block a proposal
• in areas of direct taxation, social security, foreign policy and common security policy a unanimous agreement is required.

Question 7

THE COURT OF JUSTICE OF THE EUROPEAN UNION

Answer 7

• the CJEU interprets and enforces EU law to ensure that it is applied correctly and consistently across the U
• MS can call upon the CJEU for interpretation to clarify an aspect of EU law through the preliminary rulings procedure art 267 TFEU
• it also considers requests bought by MS governments or another of the decision making institutions for U acts to be annulled if they are incompatible with the treaties or fundamental rights art 263 TFEU
• it also determines whether U law has been infringed by an MS in cases that are brought by either the EU commission or another MS art 258-259 TFEU
• also presides over cases against EU institutions which can be bought by individuals companies and other organisations
• composed of 2 courts court of justice and general court art 19 (1)
• latter rules on actions bought against U institutions and other deals with preliminary rulings and all other cases
• general court decisions can be appealed to court of justice on points of law
• court of justice is made up of a judge from each MS and 11 advocates general art 19 (2) TEU
• on sept 1 19 no. Of judges in general court went to 2 from each MS due to rising work load