Interinstitutional decision making Flashcards

(125 cards)

1
Q

What is the principle of sincere cooperation in EU interinstitutional relations?

A

Sincere cooperation (Article 13 TEU) requires EU institutions to cooperate loyally and in good faith, helping each other fulfil their tasks rather than obstructing one another. This principle is fundamental for effective collaboration among EU institutions.

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2
Q

What is the principle of institutional balance?

A

Institutional balance means that each EU institution must respect the powers and competences of the others and must not encroach on their prerogatives. This ensures that no single institution dominates the decision-making process.

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3
Q

What is meant by a “funnel-based approach” to EU decision-making?

A

It refers to a process where discussions start at technical level to resolve as many issues as possible, then escalate stepwise to higher political levels only for unresolved or sensitive questions. This approach aims to streamline decision-making.

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4
Q

In what types of areas do Council and Parliament insist on being on an equal footing?

A

Especially in areas covered by the Ordinary Legislative Procedure (OLP), where they are co-legislators. The OLP is primarily defined in Article 294 of the Treaty on the Functioning of the European Union (TFEU).

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5
Q

Why has the Commission developed a complex internal decision-making system for interinstitutional relations?

A

Because of its right of initiative, its role in implementing EU law, and the principle of collegiality, which requires collective responsibility of the College. This complexity helps manage interactions with other institutions effectively.

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6
Q

What is collegiality in the European Commission?

A

Collegiality (Article 17(6) TEU) means that the College of Commissioners takes decisions collectively, and all Commissioners are jointly responsible for those decisions. This principle fosters collective accountability.

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7
Q

How does collegiality influence the Commission’s internal rules for interinstitutional work?

A

It requires structured internal coordination, consultation and collective endorsement (via GRI/EXCO/HEBDO and the College) before the Commission speaks or acts externally. This ensures a unified approach in external communications.

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8
Q

Which document sets out the political “Working Methods” of the European Commission?

A

The Working Methods of the European Commission (a Commission decision and communication defining how the College and services work). This document outlines operational procedures for the Commission.

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9
Q

Which legal act contains the Commission’s formal Rules of Procedure?

A

The Commission’s Rules of Procedure (currently Decision (EU) 2024/3080). These rules govern the internal functioning of the Commission.

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10
Q

Where are the European Parliament’s internal decision-making rules codified?

A

In the European Parliament’s Rules of Procedure (especially chapters 2, 3, 4 and 8). These chapters detail the legislative process and internal governance.

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11
Q

What is the Interinstitutional Agreement (IIA) on Better Law-Making?

A

In response to the Single European Act (1987), the first Interinstitutional Agreement (IIA) on Better Law-Making (1993) was adopted, codifying cooperation principles, including transparency, planning, and information exchange. This agreement aims to improve legislative processes among institutions.

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12
Q

What is the main purpose of the EP–Commission Framework Agreement?

A

To regulate political cooperation between the European Parliament and the Commission, especially information rights, Commissioners’ participation, and programming; it is currently being revised. This agreement facilitates collaboration on legislative matters.

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13
Q

Which Treaty article is the main legal basis for sincere cooperation and institutional balance?

A

Article 13 TEU. This article establishes foundational principles for interinstitutional relations.

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14
Q

Which Treaty article defines collegiality in the Commission?

A

Article 17(6) TEU. This article outlines the collective decision-making structure of the Commission.

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15
Q

Which Treaty article is the legal basis for delegated acts?

A

Article 290 TFEU. This article provides the framework for the delegation of powers to the Commission.

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16
Q

Which Treaty article is the legal basis for implementing acts?

A

Article 291 TFEU. This article outlines the procedures for implementing acts within the EU.

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17
Q

Which Regulation structures comitology (procedures for implementing acts)?

A

Regulation (EU) No 182/2011. This regulation governs the oversight of implementing acts.

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18
Q

How were early European Communities’ decisions characterised institutionally?

A

As largely intergovernmental and executive driven, with the Council holding decisive power and the Commission mainly initiating and overseeing. This structure reflects the balance of power in early EU governance.

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19
Q

What was the role of the European Parliament (then Assembly) in the early Communities?

A

It had a consultative role only, with no co-decision power. This limited role has evolved significantly over time.

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20
Q

Which Treaty first significantly expanded the Parliament’s role in legislation?

A

The Single European Act (1987). This act marked a turning point in the legislative powers of the Parliament.

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21
Q

What did the Single European Act introduce in terms of decision-making procedures?

A

The Single European Act marked the first significant reform of decision-making procedures as it introduced the cooperation procedure giving Parliament more influence, though not equality with the Council, in areas related to the Internal Market. This reform was crucial for enhancing parliamentary involvement.

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22
Q

Which Treaty formally created the co-decision procedure?

A

The Maastricht Treaty (1993). This treaty established the framework for joint legislative decision-making.

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23
Q

Why did co-decision increase the need for interinstitutional coordination?

A

Because Parliament became a true co-legislator, requiring systematic coordination with Council and Commission to reconcile positions. This necessity for coordination reflects the complexity of legislative processes.

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24
Q

When was the first Interinstitutional Agreement on Better Law-Making adopted?

A

December 16, 2003.This agreement aimed to enhance the legislative process among EU institutions.

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25
What did the first IIA on Better Law-Making (1993) mainly codify?
Principles of transparency, planning, and information exchange between institutions. These principles are essential for effective interinstitutional cooperation.
26
Which Treaties further extended the co-decision procedure beyond Maastricht?
Treaty of Amsterdam (1997, in force 1999) Treaty of Nice (2001) These treaties continued to enhance the legislative powers of the Parliament.
27
What procedural practice became standard to reach agreements at first reading?
Trilogues between Parliament, Council and Commission, especially to secure first reading deals and shorten procedures (except for the budget). This practice facilitates quicker legislative outcomes.
28
What was the key change introduced by the Treaty of Lisbon regarding legislative procedures?
Lisbon (2009) made co-decision the “Ordinary Legislative Procedure” and the general rule, greatly expanding Parliament’s legislative role. This change significantly altered the legislative landscape of the EU.
29
How did Lisbon further embed the principle of sincere cooperation?
It explicitly consolidated sincere cooperation as a constitutional principle guiding interinstitutional relations. This reinforces the collaborative nature of EU governance.
30
What are the main features of the latest Interinstitutional Agreement on Better Law-Making?
Applied since 13 April 2016, it aims to improve the way the EU makes laws by ensuring that the European Parliament, the Council and the European Commission are committed to sincere and transparent cooperation throughout the entire legislative cycle. Changes include joint programming of annual priorities and improved transparency of trilogues.
31
What is the Commission Work Programme (CWP)?
The annual document in which the Commission sets out planned legislative and non-legislative initiatives, withdrawals and evaluations for the coming year. This document guides the Commission’s activities for the year.
32
How is the Commission Work Programme linked to other institutions?
It is negotiated in advance with Parliament and Council as part of a joint declaration on legislative priorities. This collaboration ensures alignment on legislative goals.
33
Who decides politically which initiatives enter the Commission Work Programme?
The College of Commissioners, in line with the President’s political guidelines and the Union’s strategic agenda. This decision-making reflects the strategic priorities of the Commission.
34
After an initiative enters the Work Programme who leads the preparation of the proposal?
The responsible lead Directorate General (DG). This DG is tasked with drafting and developing the legislative proposal. 35
35
Which framework must DGs follow when preparing legislative proposals?
The Better Regulation Guidelines and Toolbox. These guidelines ensure quality and consistency in legislative proposals.
36
What is the purpose of an Impact Assessment (IA) in the Commission’s process?
To analyse expected economic, environmental and social impacts of major initiatives before adoption. This assessment is crucial for informed decision-making.
37
How does the Commission involve stakeholders when preparing proposals?
Through public and targeted consultations, as foreseen in the Better Regulation Toolbox (tools 54–57). Stakeholder engagement enhances the quality of proposals.
38
What is the role of Inter-Service Steering Groups (ISSGs)?
They bring together relevant DGs to coordinate internally on a file from an early stage, ensuring coherence across policies. This coordination helps align different policy areas.
39
What does the “evaluate first” principle mean?
Before proposing new legislation or major revisions, the Commission should first evaluate existing rules to see what works and what should be changed. This principle promotes evidence-based policy-making.
40
When can the Commission bypass or shorten the Better Regulation process?
In time-sensitive or emergency situations that require immediate action, but the reasons must be fully justified and recorded. This flexibility is essential for urgent legislative needs.
41
When might an initiative not require a full impact assessment?
For minor changes, technical adjustments, or non-legislative documents with limited impacts. This streamlines the process for less significant initiatives.
42
What is a “back to back” approach in Better Regulation?
When an evaluation of existing legislation is combined with an impact assessment that prepares a new or revised legislative proposal. This approach enhances efficiency in the legislative process.
43
What is the Regulatory Scrutiny Board (RSB)?
An independent internal body within the Commission that reviews impact assessments, major evaluations and fitness checks for quality and consistency. The RSB ensures the robustness of the Commission’s proposals.
44
To whom does the Regulatory Scrutiny Board report?
Directly to the President of the Commission. This reporting structure emphasizes the importance of the RSB’s role.
45
What type of documents does the RSB review?
Impact assessments Major evaluations Fitness checks This review process is critical for maintaining high standards.
46
How many times can an impact assessment be submitted to the RSB?
Twice. This limitation encourages thorough preparation before submission.
47
What decisions can the RSB issue?
Positive opinion Positive opinion with comments Negative opinion These decisions guide the further development of proposals.
48
What happens if an IA or evaluation receives two negative opinions from the RSB?
The responsible DG/Commissioner must seek a derogation from the Commissioner for Interinstitutional Relations before the College can adopt the related proposal. This process ensures accountability and quality control.
49
Are RSB opinions and the impact assessment process public?
Yes, once the related legislative proposal is adopted; this makes it visible if an IA or evaluation was weak or controversial. Transparency in this process fosters trust in the legislative system.
50
What is Inter-Service Consultation (ISC) in the Commission?
A formal internal consultation where all relevant DGs, the Legal Service (LS), Secretariat General (SG) and DG BUDG review and comment on a draft text before it is sent to the College. This process ensures comprehensive input from various departments.
51
What is the objective of Inter-Service Consultation?
To ensure policy coherence, legal soundness, budgetary consistency and compliance with Better Regulation principles. This objective is vital for effective governance.
52
Typically how long does the ISC last?
About two to three weeks, depending on urgency and complexity. This timeframe allows for thorough review and feedback.
53
What are the three possible opinions a DG can give in ISC?
Positive opinion Positive with comments Negative opinion These opinions determine the next steps in the legislative process.
54
What does a “positive with comments” opinion mean in ISC?
The text is acceptable provided the comments are addressed; if not, the issue may be escalated to cabinets. This feedback mechanism is crucial for refining proposals.
55
What is the consequence of a “negative” opinion in ISC?
It blocks the process and usually requires political intervention and backing from the DG’s cabinet to lift objections. This ensures that significant concerns are addressed before proceeding.
56
What must happen before a draft proposal is submitted to the College?
ISC must be closed, comments duly addressed, and the final version approved by senior management and the relevant cabinet. This process ensures that all concerns are resolved prior to submission.
57
How does the College normally take decisions on proposals?
By simple majority, under the principle of collegiality. This voting process reflects the collective decision-making structure.
58
In practice how often does the College vote formally?
Very rarely; votes occur mainly on very sensitive files. Most decisions are made through consensus.
59
What are the three main procedures for adopting acts in the College?
Written procedure Oral procedure during the weekly College meeting Empowerment procedure (delegation to a Commissioner in specific cases) These procedures provide flexibility in the decision-making process.
60
What happens after the College adopts a legislative proposal?
The proposal and its accompanying documents are transmitted to Parliament and Council and published on EUR Lex and in the Register of Commission Documents. This transparency is essential for accountability.
61
What is GRI in the Commission context?
GRI (Groupe des Relations Interinstitutionnelles) is a high-level preparatory group of Deputy Heads of Cabinet dealing with internal/interinstitutional files. GRI plays a crucial role in coordinating interinstitutional relations.
62
What is EXCO?
EXCO (Groupe des Relations Extérieures) is a high-level group of Cabinet members dealing with external relations files. This group focuses on the Commission’s international engagements.
63
What is HEBDO?
HEBDO is the weekly meeting of Heads of Cabinet, which arbitrates files and prepares the College’s political decisions. This meeting is key for aligning cabinet priorities.
64
How do GRI and EXCO relate to each other?
They operate in parallel: GRI deals with internal policies; EXCO with external relations; both are chaired by the President’s cabinet and act as control centres. This structure ensures comprehensive oversight of both internal and external matters.
65
Which items must generally pass through GRI/EXCO?
All items for the College requiring a formal position: legislative proposals, communications, delegated acts, international agreements, and positions for trilogues, unless specifically exempted. This requirement ensures that all significant matters are reviewed.
66
What is the typical weekly cycle of Commission internal decision-making?
GRI/EXCO mid week, HEBDO at the end or beginning of the week, followed by the College meeting shortly after; this cycle repeats weekly. This regular cycle facilitates timely decision-making.
67
Why are most texts adopted under written procedure?
Because detailed coordination in GRI/EXCO and HEBDO resolves conflicts early, allowing quiet written adoption unless a cabinet objects. This efficiency is crucial for maintaining workflow.
68
What happens if cabinets cannot agree at GRI/EXCO level?
The issue is escalated to HEBDO (Heads of Cabinet). If they still cannot agree, it is escalated to the College. This escalation process ensures that unresolved issues are addressed.
69
Besides legislative files what else does GRI handle?
Requests from Parliament and Council, such as written questions, clearance of Commissioners’ speaking points in plenary or Council, and other interinstitutional matters. This broad scope reflects GRI’s integral role in interinstitutional relations.
70
What are the three main levels of Council decision-making?
Working Parties COREPER I and II Council of Ministers These levels structure the decision-making process within the Council.
71
Who sits in Council Working Parties?
National officials and experts from Member States’ Permanent Representations in Brussels, often supported by experts from capitals; sometimes more senior (e.g. Directors) in high-level working parties. This composition ensures expertise in discussions.
72
What is the main function of Working Parties?
To examine Commission proposals in detail, suggest amendments, and identify issues that require political arbitration. This function is crucial for refining legislative proposals before they reach higher levels.
73
What are the three main levels of Council decision-making?
Working Parties COREPER I and II Council of Ministers These levels represent different stages and groups involved in the decision-making process within the Council.
74
Who sits in Council Working Parties?
National officials Experts from Member States’ Permanent Representations Sometimes more senior officials (e.g. Directors) in high-level working parties Working Parties consist of representatives who examine proposals in detail.
75
What is the main function of Working Parties?
Examine Commission proposals in detail Suggest amendments Identify issues requiring political arbitration Working Parties play a crucial role in the legislative process.
76
What happens when a Working Party finalises its work on a file?
It forwards the file to COREPER, accompanied by a note summarising the state of play and outstanding issues This process ensures that COREPER is informed of the details before further discussion.
77
What does COREPER stand for?
Committee of Permanent Representatives COREPER is essential for coordinating the work of the Council.
78
What is the legal basis for COREPER?
Article 240(1) TFEU This article outlines the establishment and function of COREPER.
79
What is the difference between COREPER I and COREPER II?
COREPER I: Handles technical, social, and economic issues COREPER II: Deals with high-level political matters This distinction helps in the organization of discussions based on the complexity of issues.
80
What is COREPER’s main role in Council decision-making?
Central coordination body Prepares Council work Resolves disputes that Working Parties cannot settle COREPER plays a vital role in ensuring smooth legislative processes.
81
Approximately what share of legislative files is settled at COREPER level?
Around 70–80%, which become “A points” A points are items approved without debate due to prior consensus.
82
What are the Antici and Mertens groups?
Antici: For COREPER II Mertens: For COREPER I These groups prepare agendas and pre-clear items before COREPER meetings.
83
How many Council configurations exist and what do they reflect?
Ten configurations, each corresponding to a policy area These configurations help organize the Council’s work by specific sectors.
84
What is an “A point” on a Council agenda?
An item approved without debate because consensus has already been achieved A points streamline the decision-making process.
85
What is a “B point” on a Council agenda?
An item requiring political discussion or decision by ministers due to remaining disagreements B points indicate issues that need further negotiation.
86
What voting methods are used in the Council?
Qualified majority voting (QMV) Unanimity for sensitive areas Different voting methods apply based on the nature of the decision.
87
How often does the Council Presidency rotate and what does it do?
Every six months; it chairs all Working Parties and COREPER The Presidency plays a key role in leading discussions and crafting compromise texts.
88
What is the role of the General Secretariat of the Council (GSC)?
Provides legal and administrative support Ensures procedural consistency Drafts compromise texts The GSC is crucial for the smooth functioning of the Council.
89
How many standing committees and subcommittees does the EP currently have?
Twenty standing committees Three subcommittees These committees are essential for the legislative process in the European Parliament.
90
How are committee members appointed in the European Parliament?
Political groups appoint full and substitute members in proportion to their relative size in Parliament This ensures representation reflects the political landscape.
91
What is the difference between full and substitute committee members?
Full members: Regular members of the committee Substitute members: Replace absent full members Substitutes can take on full responsibilities when needed.
92
Who chairs Parliamentary committees and for how long?
A Chair Up to four Vice Chairs Elected for two and a half years Leadership in committees is structured to ensure continuity.
93
What body refers Commission proposals to specific committees?
The Conference of Presidents (COP) of the European Parliament The COP plays a key role in organizing the legislative agenda.
94
What is the role of a rapporteur in a committee?
Draft the report on a file Propose amendments Negotiate compromises Rapporteurs lead the legislative work for their political group.
95
Who are shadow rapporteurs?
MEPs from other political groups appointed to follow the file and negotiate compromises Shadow rapporteurs ensure broader representation in discussions.
96
How are committee reports and amendments adopted?
By simple majority in committee This process allows for efficient decision-making within committees.
97
Which committees play a central role in the EU budget cycle?
Committee on Budgets (BUDG) Committee on Budgetary Control (CONT) These committees oversee financial matters and budgetary control.
98
How many Members of the European Parliament (MEPs) sit in plenary?
720 MEPs The plenary is the main decision-making body of the European Parliament.
99
What is the only body empowered to adopt Parliament’s formal position on legislation
budgets and resolutions?
100
Where are plenary sittings held?
Strasbourg (main sessions) Brussels (mini sessions) These locations facilitate the work of the European Parliament.
101
What types of items does plenary vote on in the legislative process?
Committee reports (first reading positions) Council positions (second reading) Conciliation outcomes (third reading) These votes are essential for progressing legislation.
102
What is the Conference of Presidents (COP) in the EP?
The main political coordination body composed of the EP President and the chairs of political groups The COP steers the political agenda of the Parliament.
103
What are the main functions of the Conference of Presidents?
Steer Parliament’s political and procedural agenda Set plenary agendas Allocate competences between committees The COP plays a crucial role in organizing parliamentary work.
104
What is the Bureau of the European Parliament?
The body responsible for the internal organisation of Parliament The Bureau manages administrative and operational matters.
105
What is the main purpose difference between delegated and implementing acts?
Delegated acts: Supplement or amend non-essential elements of legislation Implementing acts: Ensure uniform implementation of EU law This distinction highlights their different roles in the legislative framework.
106
Who exercises primary control over delegated acts?
Parliament and Council, via ex post political scrutiny This control allows for oversight of the Commission’s actions.
107
What is the effect of revoking a delegation?
Prevents the Commission from adopting further delegated acts under that empowerment Existing acts already in force remain unaffected.
108
What is a typical use case for delegated acts?
Updating annexes, technical standards, or lists Delegated acts allow for flexibility in adapting to new information.
109
How did the COVID-19 pandemic affect EU decision-making practices?
Made them faster and more flexible, with urgent acts and informal meetings The pandemic necessitated rapid responses to emerging challenges.
110
Name three landmark legislative initiatives adopted during 2019–2024 that involved intense interinstitutional negotiations.
Digital Services Act (DSA) Digital Markets Act (DMA) Fit for 55 climate package These initiatives reflect significant developments in EU policy.
111
What is a key downside of faster crisis driven decision making?
Potential loss of transparency, weaker visible scrutiny, and less thorough application of Better Regulation due to more closed door, time pressured negotiations. This highlights the trade-off between speed and thoroughness in decision-making processes.
112
Name three landmark legislative initiatives adopted during 2019–2024 that involved intense interinstitutional negotiations.
The Digital Services Act (DSA) Digital Markets Act (DMA) Fit for 55 climate package Migration pact These initiatives reflect significant legislative efforts during this period.
113
What was the significance of the EPP/S&D losing their absolute majority in Parliament?
It ended the traditional “grand coalition” dominance but led to a relatively stable EPP–S&D–Renew coalition underpinning many compromises. This change reflects a shift in the political landscape of the EU.
114
How did the implementation of the 2016 IIA on Better Law-Making evolve in this period?
The institutions increasingly coordinated early-stage impact assessments, legislative planning and evaluations of delegated and implementing acts. This evolution indicates a more collaborative approach to law-making.
115
How has the importance of delegated and implementing acts changed in recent years?
Their role and volume have increased as the EU’s agenda has become more complex, especially in digital, climate and external policy, shifting much of the detailed rule making to these instruments. This trend reflects the growing complexity of EU governance.
116
What is the overall trend of interinstitutional decision-making 2019–2024 in one sentence?
Faster, more flexible and crisis driven, with a heavier reliance on non legislative acts and trilogues, but sometimes at the expense of transparency and formal scrutiny. This trend highlights the challenges of balancing efficiency with accountability.
117
What are the two main procedures for revising the Treaties according to Article 48 of the TEU?
Ordinary revision procedure Simplified revision procedures The ordinary procedure is for institutional or competence changes, while the simplified procedure allows for limited amendments.
118
Who can submit proposals to amend the Treaties under the ordinary revision procedure?
Any Member State government The European Parliament The European Commission Proposals are forwarded to the Council of the EU.
119
What must happen before amendments to the Treaties enter into force?
They must be ratified by all Member States Ratification must follow each Member State’s constitutional requirements.
120
What is the legislative financial statement (LFS)?
An official annex attached to any draft law affecting the EU budget It is a requirement for the European Commission when submitting legislative proposals.
121
What did the CJEU rule regarding the selection of the seat for EU Agencies in 2024?
The EU legislature must decide on the location of an agency This ruling clarified that the seat decision is part of the agency establishment process.
122
What is the first step in the process for negotiating an international agreement?
The Commission submits a recommendation to the Council to open negotiations This includes a draft decision authorising negotiations and proposed negotiating directives.
123
What are the Council’s formations in the EU?
GAC – General Affairs Council FAC – Foreign Affairs Council ECOFIN – Economic and Finance Council AGRIFISH – Agriculture and Fisheries Council JHA – Justice and Home Affairs Council COMPET – Competitiveness Council TTE – Telecommunication, Transport and Energy Council ENVI – Environment Council EPSCO - Employment, Social Policy, Health and Consumer Affairs EYCS - Education, Youth, Culture and Sport Council These formations address various policy areas within the EU.
124
What are the European Parliament’s Standing committees?
AFET - Foreign Affairs SEDE - Security and Defence DEVE - Development INTA - International Trade BUDG - Budgets CONT - Budgetary Control ECON - Economic and Monetary Affairs EMPL - Employment and Social Affairs ENVI - Environment, Climate and Food Safety SANT - Public Health ITRE - Industry, Research and Energy IMCO - Internal Market and Consumer Protection TRAN - Transport and Tourism REGI - Regional Development AGRI - Agriculture and Rural Development PECH - Fisheries CULT - Culture and Education JURI - Legal Affairs LIBE - Civil Liberties, Justice and Home Affairs AFCO - Constitutional Affairs FEMM - Women’s Rights and Gender Equality PETI - Petitions These committees focus on specific areas of EU policy and legislation.
125
What are the European Parliament’s Special committees?
EUDS - European Democracy Shield HOUS - Housing Crisis in the EU Special committees are established to address specific issues or crises within the EU.