1
Q
The EU Council
A
- In Brussels
- Where the heads of state/government come together
- Decide on the general political direction of the EU
- It has a president; pre Lisbon served for 6 months, post Lisbon serves 2.5 years with max 2 terms.
- It can amend treaties
- It is the intergovernmental part of the executive branch, similar to a cabinet.
2
Q
EU Commission
A
- In Brussels
- Has legislative power, and usually proposes laws or proposes amendments of laws. Other institutions adopt the laws though
- It is a supranational body that safeguards the interests of the EU as a whole
- Manages EU budget
- Ensures nations comply with laws, treaties or directives; this is done by giving nations warnings if they are not complying and if this does not work, they bring in the Court of Justice
3
Q
EU Parliament
A
- In Brussels, Strasbourg and Luxembourg
- Adopts laws like any other legislative parliament
- Protects the interests of the EU citizens as a whole
- Decides on EU law with the council
- Decides the budget set by the Commission
4
Q
EU Council of Ministers
A
- In Brussels and Luxembourg
- Represents the interests of the nations, similar to the US senate
- Decides on legislation
- Coordinates policies
- With the parliament it decides on the budget set by the Commission
5
Q
EU Court of Justice
A
- In Luxembourg
- The judicial branch of the EU
- Interprets EU law
- One judge per nation
- Most common thing they do is the preliminary reference procedure; national courts send them procedures for clarification of Eu terms in legislation.
6
Q
EU Court of Auditors
A
- An independent guardian for EU citizens that checks if the budget is spent properly
7
Q
Committee of the regions
A
- Represents local regions and authorities
- If legislation is adopted they check on it
8
Q
European investment bank
A
- The main lender of the EU
- Focuses on environmental issues
- Supports small and medium businesses
9
Q
High representative
A
- Sort of like a minister/ministry of foreign affairs for the EU
10
Q
The difference between primary and secondary law
A
- Primary law decides how institutions function and secondary law is the law made by those institutions
- Primary law for the EU for example is: TFEU, TEU and the charters
- Secondary laws are:
- Regulations: a general application that is binding to all nations and directly applicable
- Directive: leaves more leeway than a regulation. Gives a general overview of what to do, but leaves it up to the member state, what way they want to implement it, how they interpret it or the extent to which it is applied to the nation.
- A decision: shall be binding in its entirety
11
Q
The different layers of primary law
A
- The TFEU: the treaty on the functioning of the EU, also known as the treaty of Rome. signed in 1957. Originally known as the TEC (treaty establishing the European Community)
- The TEU; the treaty on European Union. Also known as the Maastricht treaty and signed in 1992, but slightly altered for the treaty of Lisbon in 2009
12
Q
Article 4 of the TEU
A
- States that competences are not conferred, meaning that the EU can only gain new responsibilities if they are given to them by the member states
13
Q
What are charters?
A
- Documents that give basic rights to people, either as individuals or to groups
14
Q
The Council of Europe and the European Council
A
- Are completely different things and have nothing to do with each other
- The Council of Europe has nothing to do with the EU; has 46 members and all EU members are also members of this one. It was established in 1949 in the treaty of London. Created to achieve greater unity between its members and protect human rights as set by the European convention on human rights
- The Council of Europe also has its own court separate from the EU court of Justice. It is called the European court of Human Rights and they interpret the European convention of Human Rights
15
Q
The Hague conference
A
- In 1948
- Political and economic leaders came together to discuss the future of European integration and challenges a EU would create and potential solutions to these problems
- Also created an international publicity campaign
- One side were the unionists who were against the taking away of national sovereignties
- Other side were the federalists who wanted a strong federal government that united all of Europe
- Became the start of the foundation of the Council of Europe; which is separate from the EU
16
Q
Schuman declaration
A
- By the French Foreign minister Robert Schuman in 1950
- Claimed we should be working towards a more united Europe and was based around the idea that the interests of France and Germany should be balanced and prioritized
- This unity would principally start with a unity of coal and steel production. A stronger solidarity of these things would make the idea of war between France and Germany untenable
17
Q
The treaty of Paris
A
- In 1951, was the first real treaty
- Created a free trade market for coal and steel
- Laid the foundation for an economic union which would lead to the creation of a political union
- Created EU institutions which possess supranational characteristics
18
Q
Institutions of the ECSC
A
- the high authority (of the ECSC) which would eventually become the EU Commission. Each member had at least one member, but they were expected to not see themselves as delegates
- The council of ministers where representatives of national government came together. Depending on the matter, different kinds of majorities were needed
- The common assembly, which would later become the EU Parliament, but back then it was made up of members of national parliaments.
- All of these were supervised by the Court of Justice of the ECSC
19
Q
The treaty of Rome (TFEU)
A
- In 1957, established the EEC and Euratom
- EEC was about the start of the creation of a common market and Euratom about the control of nuclear energy
- Made the High Authority into the European Commission and the general assembly into the European parliament
- EEC created a common external tariff for all the members as this would otherwise create competition among the nations. It also tried to make a more fair market within the Union by going after monopolies and other unfair practices in the market
- The EEC and ECSC had very similar institutions and these would later merge in the way described above
20
Q
The discrepancies between nations in the 1960’s
A
- The Benelux wanted more supranationalism, but France wanted more intergovernmentalism, as they saw the former as a threat to their sovereignty
- In 1965 France created the empty chair crisis by not nominating people they were supposed to and therefore it stopped those places from operating.
- This crisis created the Luxembourg compromise: if one member state really opposed something, there were certain systems and procedures that could be tapped into and generally unanimity should prevail over other majorities
21
Q
Important precedents set by court in ‘63 and ‘64
A
- 1963: European law would trump those of the nations and European law would apply to both the national governments but also to individual people from each nation
- 1964: the treaties established a whole new legal system and nations which became members would integrate the laws into their own legal system. Also claimed that national law cannot override European law which meant that there was a permanent limitation placed upon national sovereignty, this is the case whether the laws made by the nations were made before or after the treaty
22
Q
The merger treaty
A
- In 1967
- Created a single council for all three communities; EEC, ECSC and Euratom
- Merged the high authority with the commission of the other organizations
- The treaties themselves and therefore the organizations were not merged; there would still be three separate ECSC, EEC and Euratom
23
Q
EP is created
A
- In 1979
- The general assembly was turned into a real parliament where citizens of the member states could vote for MEP’s
24
Q
The enlargements of the community/union
A
- 1972: Denmark, UK and Ireland
- 1981: Greece
- 1986: Spain and Portugal
- 1995: Austria, Finland and Sweden
- 2004: Czechia, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia
- 2013: Croatia
25
The Single European Act - SEA
- In 1986
- Made institutional reforms
- Codified foreign policy
- Set the aim for the internal market by 1992
26
The Maastricht treaty (TEU)
- Established the EU: an economic and monetary union
- Institutional reform, such as the co-decision procedure (more power to the EP and they are co-equals to the commission)
- Created EU citizenship who have the right to move and live any place in the EU, any citizen living in any nation deserves the same right provided by the member state one came from.
- Subsidiarity was established; if something could be solved between individual members, then the EU should not be involved. This also established the idea that the EU only gets certain competences that are given to them by the states, it cannot create it itself
- Established the Three Pillar system: the three communities, the common security and foreign policy and the police and judicial cooperation on criminal matters
27
The treaty of Amsterdam
- In 1997
- Established the High Representative for foreign policies
28
The Lisbon treaty
- In 2007
- Dissolved the three pillar system
- Renounced the concept of a constitution which was tried a few years before, but rejected by France and NL
- Contains additional provisions that are specifically tailored to individual member states
- Introduced the Charter of Fundamental Rights
- Formalized the existence of the European council within the EU
29
The European Council
- Where heads of state or heads of government meet, depending on which has the actual power
- Originally existed outside of the treaties and was therefore technically outside of the EU until the Lisbon treaty
- Its legitimacy comes from the fact that it is made up of actual democratically elected leaders, which was the main reason they were able to exist outside of the treaties for so long
30
Article 15 of TEU on the European council
- This article defines what the council is and does:
- They mainly give the general political direction of the EU
- The high representative for foreign affairs also takes part, but is not a member
- Supposed to meet twice a year
- The heads are allowed to bring a minister along with them whose expertise is relevant to the issue being discussed
31
President of the European Council
- Since Lisbon this is a permanent president who chairs the council for 2.5 years and a maximum of 2 terms and is elected by QMV, but the members aim for unanimity
- Before this, the presidency was a rotating position for six months and was shared with the council of ministers
- Is responsible for preparing the meeting, setting the agenda, chairing the debates, drawing conclusions and the following them up
- Part of representing the EU externally, which overlaps with commission president and high representative. This is clarified in art 15 of TEU, they deal with common foreign and security policy for external affairs.
- Represent the European council when dealing with other parts of the EU
32
Special meetings of the European Council
- Based on circumstances there can be special meetings separate from the standard twice a year meetings
- These are a reaction to certain events, like the invasion of Ukraine
- There are special meetings, informal meetings and thematic meetings
33
The powers of the European council
- It has no legislative power, but deals with political issues
- Sometimes referred to as soft law decisions; providing general guidelines for stuff
34
European Council and Council of ministers
- Are two different organs, but both function as the intergovernmental part of the EU
- The European Council is a higher level than the council of minsters, but there is no formal hierarchy between the two
- There is no consistent line of division between the two regarding who does what
- Most stuff the European council discusses has already been filtered through the council of ministers
- The council of ministers are together for more time as the European council only meets six to eight days a year
35
The competences of the European council
- Determination of the existence of a serious persistent breach of EU values by a member state, including the rule of law
- Decide on establishing the composition of the EU parliament
- Decides on the composition of the EU commission
- Appointment of the high representative
- Decides the strategic interests, objectives and general guidelines for the common foerign and security policy (CFSP)
- Can revise treaties more simplified
36
Decision making in the European Council
- Decisions made are usually taken by consensus or unanimity
- Some decisions are made by QMV, which issues that can be is stated in the TFEU: appointment of the high representative, proposal for a president of the commission and the appointment of the commission
- It can propose to the EP a candidate for commission president, but this has to be chosen by the EP. if the EP rejects, they have to propose a new candidate
- Some decisions, like whether or not to convene for a convention examining revisions of the treaties, can be done by a simple majority
37
The European Commission
- The executive branch of the EU
- The supranational authority of the EU
- 27 commissioners from each member nation
- Article 27 of the TEU and art 244 of the TFEU
- Independent from national governments
- New commission every 5 years (4 before Maastricht, TEU)
- It has 32.000 administrative employees
38
History of the Commission
- Started out as the high authority of the ECSC in 1951 and had 9 commissioners, with some having two commissioners
- Jean Monet was its first president and had a huge influence on its role
- In 1957 the EEC and Euratom are established with its own similar Commissions
- In 1986 the powers are expanded with the single European act, which also allowed for more QMV decisions
- In 1992 with Maastricht, the relationship with the EP was established; EP can veto EC president.
- In 2000 with Nice it was established that the number of commissioners should equal the member states
- In 2009 the president of the Commission was elected by the EP
39
Election of the Commission
- According to article 17 of the TEU
- The president is proposed by the Council and elected by the EP, if EP rejects, council has to propose a new candidate
- The college of commissioners is approved or rejected by the parliament, after a parliamentary committee hearing of each individual member
40
The stages of electing the college of commissioners
1. The nomination stage; commissioners are nominated by the Council and also the high representative is nominated
2. The approval of EP, college designates are subject to a vote of consent by the EP
3. Formal appointment stage
41
Main function of the Commission
- Propose legislation to the EP and Council, they have the right of initiative on this
- Manage and implement EU policies and the budget; revenue and expenditure
- Enforce EU laws, they are seen as the guardians of the treaties
- Law making authority, with a right of initiative on this front
42
Declining influence of the commission?
- Currently have strong and clear powers
- The EP and EC are gaining more influence
- They don't have exclusive rights for certain soft laws and lawmaking
43
The President of the Commission
- Outlined in article 17 of the TEU:
- Lays down guidelines within which the commission is to work
- Decides on the internal organization of the Commission, ensuring that it acts consistently, efficiently and as a collegiate body
- Appoints the vice presidents, other than the High Representative of the Union for foreign affairs and security policy, from among the members of the commission
44
The College of Commissioners
- Chosen by the members states’ government
- To be confirmed by the EP
- Appointed by the European Council
- Simple majority voting, but collective responsibility
45
External representation of the EU
- Article 17 of TEU states that the commission shall provide the Unions external representation
- Article 15 of TEU states the the president of the European council shall ensure the external representation of the union.
- Leads to a strange overlap in responsibilities, even though article 15 sets some boundaries for the president of the council when it comes to foreign affairs
46
The Council of Ministers
- Functions based on art 16 TEU and art 237 TFEU
- The principal decision making body of the EU
- Meets in various configurations depending on the needs
- Meetings are attended by one minister from each MS
- The main legislator of the EU
47
Various council configurations
Including but not limited to:
- General affairs
- Foreign affairs
- Economic and financial affairs
- Justice and home affairs
- Employment, social policy, health and consumer affairs
The first two are the most common to gather
48
Key responsibilities of the Council of Ministers
- Legislative function - in most cases jointly with the EP
- Approval of EU budget - jointly with the EP
- Develops common EU foreign and security policy
- Coordination of member state’s policy
- Concludes international agreements
49
Changing powers of the Council of ministers
Over the years a lot of powers of the CM have been taken by the EP and have therefore lost responsibilities.
It has found ways to improve its role, mainly in that they recommend opinions or advice which carries political weight because of the people that are part of the CM, but carries no legal weight.
They can also request the Commission to do something it finds desirable for the EU.
50
COREPER of the Council of Ministers
Coreper occupies a pivotal position in the EU's decision-making system. It coordinates and prepares the work of all meetings of the Council and attempts to find, at its level, an agreement which will be subsequently submitted for adoption by the Council.
51
The Committees created by the Council of Ministers
- The CM has the power to create any committee for whatever purpose.
- The types of committees include, but are not limited to:
- Special committee on agriculture, trade policy committee, economic and financial committee, political and security committee, standing committee on operational cooperation and internal security
52
The Council president of the CM
- The CM is headed by a council presidency
- Rotating position for 6 months
- Sometimes a heavy burden financially for smaller states to head the council, so more likely to go to larger states
- Arranges and chairs council meetings
- Builds a consensus
- Ensures continuity and consistency of policy development
- Represents CM in other parts of the EU
53
Decision making in the Council of Ministers
- Unanimity for taxation, common defense policy and CFSP
- QMV applies in most area, defined as the double majority
- Simple majority for basic procedural issues
- If members representing at least 35% of the vote oppose something they can block a decision
54
CM imposes a directive
- A directive is about achieving a certain result, without dictating the means of achieving that result
- Leaves MS with a certain amount of leeway as to the exact rules to be adopted
- If MS do not achieve the results, the Commission may initiate legal action through the Court of Justice
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