Institutions of the EU

The Institutions of the European Union

European Council 27 15 Heads of State or government and the government President of the Commission Council of the EU 27 15 ministers Committee of The Regions 344 members Court of Auditors 27members European Central Bank European Parliament 785 626 members European Commission 27 20 Commissioners European Investment Bank European Court of Justice 15 ministers 27 judges Econ. & Social Committee 344 members

II. The Institutions of the European Union

Major Institutions
The European Council
Supreme political decision-making body of the European Union It is composed of the Heads of State or Government of the Member States and the President of the European Commission Defines the general political objectives and directives of the EU. It meets at least twice a year, always at the end of a Presidency in the country, which holds the six-monthly rotating Presidency most important decisions of each Presidency are contained in a document, known as the Conclusions of the Presidency, or just the Conclusions

The Institutions of the European Union

The European Council

It is a conference/summit of heads of state and government Does not have a permanent seat Hosted by the memberstate holding the presidency of the Union Presided over by the head of state or government of the state holding the presidency of the Union Provides the general directions of the Union Deals with the major political issues facing the Union

European Council
Strangely, European Council has no formal role in EU law-making Its political decisions must be translated into action via Treaty changes or secondary legislation. Confusingly, the European Council and the Council of the EU are often both called the Council The Constitution proposes to make the European Council a part of the EU institutional structure Don t confuse with Council of Europe!

Council of EU

Usually called by old name Council of Ministers

formal name is now Council of the EU

Known as the Council of the European Union since the Maastricht Treaty, is the EUs primary legislative body in the first pillar

Consists representatives at ministerial level from each Member State Composition changes according to topic under discussion Each national government is represented by the responsible minister
e.g, Finance ministers on budget issues, Confusingly, Council uses different names according to the issue discussed. Famous ones include EcoFin (for financial and budget issues), the Agriculture Council (for CAP issues), General Affairs Council (foreign policy issues).

The Council of the EU (nine configurations)

General Affairs and External Relations Economic and Financial Affairs (Ecofin) Justice and Home Affairs Consumer Affairs Competitiveness (Internal Market, Industry and Research) Transport, Telecommunications and Energy Agriculture and Fisheries Environment Education, Youth and Culture

II. The Institutions of the European Union

The Institutions of the European Union

The Council of the European Union

Seat: Brussels, Belgium Every minister is empowered to commit his or her government, ministers signature is the signature of the whole government Each minister is answerable to his or her parliament and to citizens, this ensures the democratic legitimacy Each member-state has one permanent representative to the Council. Permanent representatives prepare the topics of discussion. (COREPER)

The Council Presidency

Presidency rotates among member states every 6 months

The order in which the Member States will hold the Presidency has been settled among them up to 2020. Finland held its previous EU Presidency during the latter half of 1999. Finland will next hold the Presidency of the EU in spring 2020. Romania will hold the presidency in 2019. ? Current presidency

II. The Institutions of the European Union

Council of EU

This is EUs main decision-making body

Almost every EU legislation must be approved by it

To pass European laws (main policy areas) To approve EU budget To conclude international agreements involving the EU To coordinate the general economic policies of the Member States in the context of the Economic and Monetary Union (EMU)
e.g. famous 3% deficit rule

The Council

To develop Common Foreign and Security Policy (CFSP) To coordinate cooperation between national courts and police forces in criminal matters - Justice and Home Affairs (JHA)

.....responsibilities related to community domain (1st pillar), but also to 2nd and 3rd pillars of EU
II. The Institutions of the European Union

Types of voting

The weighting of votes is based roughly on population size, but the weights do not fully compensate the larger member states for the size of their populations

Two main decision-making rules.

On the most important issues, unanimity
e.g. Treaty changes, enlargement, multi-year budget plan, asylum, immigration, taxation, foreign and security policy Council decisions are by unanimity

On most issues (about 80% of all Council decisions), majority voting

qualified majority voting (QMV).

Qualified majority voting

15 members

Maastricht: need 64 of 87 votes

UK: France: Germany: Italy: Spain: 10 10 10 10 8 Belgium: 5 Greece: 5 Netherlands: 5 Portugal: 5 Austria: 4 Sweden: 4 Ireland: 3 Finland: 3 Denmark: 3 Luxembourg: 2

Nice treaty 9/2000: Need 62% of population and

74% of votes. UK, France and Germany form a blocking coalition

How many votes per country?

Germany, France, Italy, UK.........................................29 Spain and Poland.........................................................27 Netherlands..................................................................13 Belgium, Czech Rep, Greece, Hungary and Portugal.................................................12 Austria and Sweden.....................................................10 Denmark, Ireland, Lithuania, Slovakia and Finland.....................................................................7 Cyprus, Estonia, Latvia, Luxembourg and Slovenia..................................................................4 Malta...............................................................................3 Total ................................................................................321

Qualified majority after 2007

Germany, France, Italy, United Kingdom Spain, Poland Romania Netherlands Belgium, Czech Republic, Greece, Hungary, Portugal Austria, Bulgaria, Sweden Denmark, Ireland, Lithuania, Slovakia, Finland Cyprus, Estonia, Latvia, Luxembourg, Slovenia Malta TOTAL 345

29 27 14 13 12 10 7 4 3

Types of voting procedures in the EU Council and European Parliament unanimity

simple majority (majority of those voting ) absolute majority ( the majority of the
members of an organization, not just of those choosing to vote ) qualified majority (> 255 votes out of a total of 345 votes and the votes in favour represent at least 62% of the total population of the Union)

Qualified majority
A qualified majority will be reached if the following two conditions are met: if a majority of Member States approve (in some cases a two-thirds majority); a minimum of 255 votes is cast in favour of the proposal, out of a total of 345 votes. In addition, a Member State may ask for confirmation that the votes in favour represent at least 62% of the total population of the Union. If this is found not to be the case, the decision will not be adopted.

European Commission (2004-2009)

Romano Prodi (1999-2004) Jacques Santer (1995-1999) Jacques Delors (1985-1995) Gaston Thorn (1981-1985) Roy Jenkins (1977-1981) Franois-Xavier Ortoli (1973-1977) Sicco Mansholt (1972-1973) Franco Malfatti (1970-1972) Jean Rey (1967-1970) Walter Hallstein (1958-1967)

Jose Manuel Barroso

II. The Institutions of the European Union

The European Commission- guardians of

the treaties

European Commission is at the heart of the EUs institutional structure driving force behind deeper and wider European integration. Has three main roles:
propose legislation to the Council and Parliament, to administer and implement EU policies (administrative arm) to provide surveillance and enforcement of EU law represents EU at some international negotiations

Jose Barroso, President of European Commission

European Commission

Before the 2004 enlargement 20 commissioners:

one Commissioner from each member state plus an extra Commissioner from the big-5 (Germany, UK, France, Italy and Spain in the EU15).

Under Nice Treaty each member in EU 27 has one Commissioner Draft Constitution: only 15 Commissioners
rotating evenly among all members and non-voting Commissioners from other nations

European Commission

Commissioners are chosen by their own national governments are not national representatives
Commissioners are not national representatives.
should not accept or seek instruction from their country.

appointed together, serve for five years - The present term runs until 31 oct 2009 Each Commissioner in charge of a specific area of EU policy
Directorate-Generals or DGs (particular policy)

EC and Romania

Dacian Ciolo Agriculture and Rural Development

European Commission
1. Initiator of legislation. Proposes legislation to Parliament and the Council. -exclusive right of initiative Its proposals defend the interests of the Union and its citizens, not specific countries or industries -constant touch with the interest groups and advisory bodies 2. EUs executive body. Manages and implements EU policies and the budget (CAP, competition policy, budget spending/ Court of Auditors) 3. Guardian of the treatis. Enforces European law (with the Court of Justice)/ infrigement letter, ECJ jugements are binding for MS 4. Represents the EU in external relations (negotiate international agreements)

II. The Institutions of the European Union

The Institutions of the European Union

The European Commission

Seat: Brussels, Belgium , but offices in Luxembourg, representations in all EU countries and delegations in many capital cities around the world It is the face of the Union to the World and to the citizens of the member-states Commission meets once a week
Decision making decides on basis of a simple majority, if vote taken almost all decisions on consensus basis

The European Parliament

Administrative Building of the EP in Luxemburg

Building of the EP in Brussels

Plenary Building of the EP in Strasbourg

The Institutions of the European Union

The European Parliament

Three seats: Strasbourg, France Brussels, Belgium Luxembourg

Its members are directly elected by the citizens of EU member-states since 1979 The Members of the European Parliament (MEPs) sit in political and not in national groups After 2004 it has 732 members form 25 countries, after 2007 it has 785 from 27 member states
number per nation varies with population but rises less than proportionally.

European Parliament
1. Passing European laws (with Council)/democratic legitimacy of European law 2. Democratic supervision over EU institutions

power to approve or reject commissioners and to censure the Commission as a whole Commission politically accountable to the parliament (can pass a motion of censure) regularly examining reports sent by the Commission monitors the work of the Council examining petitions from citizens

3. Authority over the budget (influence EU spending) has 2 successive readings, come into force after signing it

The Court of Justice

The defender of the Treaties: Reviews the constitutionality of European Union legislation Its task is to safeguard EU law in the application and interpretation of the Community Treaties (EU member states and institutions do what the law requires) The ECJ has sole authority to decide on the interpretation of the EU law and if is applied in the same way in all EU countries (no different ruling on the same issue)

European Court of Justice

settle these disputes, especially disputes between Member States, between the EU and Member States, between EU institutions, and between individuals and the EU. The European Commission can bring a state before of the Court for failure to implement EU legislation The Court can impose monetary sanctions It functions as an appeals court ECJ jugements are binding for MS

Institutions of the European Union

The European Court of Justice

Seat: Luxembourg City, Luxembourg The Supreme Court of the European Union (27 judges), assisted by 8 advocates -general

Supremacy of EU law over national law

In 1989: Court of First Instance (CFI) for giving rulings on certain cases, especially actions brought by private individuals, companies and some organisations and cases relating to competition law

Court of Auditors

Set up in 1975 Located in Luxembourg check that EU funds are properly collected and spent legally, economically and for the intended purpose It has the right to audit any person or organisation handling EU funds It has one member for each EU country (27)

European Economic and Social Committee

Advisory bodies
-

Represents employers, trade unions, farmers, consumers and other interest groups Usually three groups It is a bridge between the Union and its citizens It must be consulted before decisions on economic and social policy It has 344 members (roughly- size of population) usually nominated by the EU governments for 4 years but politically independent

Committee of the Regions Advisory body

Representatives of Europes regional and local authorities It should be consulted before EU decisions taken on regional policy, transport, environment, education and transport It has 344 members appointed by national governments for 4 years, but political independence

Specialized Agencies
In addition to the treaty based institutions that make law and policy, the EU has established an array of specialized agencies that are responsible for monitoring and helping to implement policy in particular fields EU Agencies and Bodies European Police Office (EUROPOL) European Agency for Safety and Health at Work European Environment Agency European Monitoring Center on Racism and Xenophobia

 It is completely independent and impartial

The European Ombudsman

The Ombudsman usually conducts inquiries on the basis of complaints but can also launch inquiries on his own initiative The Ombudsman investigates cases of maladministration (poor or failed administration). Maladministration occurs if an institution fails to act in accordance with the law, fails to respect the principles of good administration, or violates human rights. Some examples are: -administrative irregularities -unfairness -discrimination -abuse of power -failure to reply -refusal of information -unnecessary delay The European Ombudsman is P. Nikiforos Diamandouros, former national ombudsman of Greece. He was elected by the European Parliament and has held office since 1 April 2003. The Parliament elected the first European Ombudsman in 1995.

Example

A citizen who complained about the French organisation which manages unemployment insurance payments. With the complainants consent, the European Ombudsman transferred the complaint to the French Ombudsman who found a solution to the problem.

Principles of Decision Making

Key question: Which level of government is responsible for each task?

Setting foreign policy Speed limits Trade policy, Competition Policy etc

Typical levels:
local regional national EU

Task allocation = competencies in EU jargon

The Principle of Subsidiarity (I)

Before looking at the theory, what is the practice in EU? Task allocation in EU guided by subsidiarity principle (Maastricht Treaty)
Decisions should be made as close to the people as possible, EU should not take action unless doing so is more effective than action taken at national, regional or local level.

The Principle of Subsidiarity (II)

Three Pillar structure delimits range of:
Community competencies (tasks allocated to EU) Shared competencies (areas were task are split between EU and member states) National competencies

1st pillar is EU competency 2nd and 3rd are generally national competencies
details complex, but basically members pursue cooperation but do not transfer sovereignty to EU

The Principle of Subsidiarity (III)

Under the principle of subsidiarity, in areas which do not fall within its exclusive competences, the Union shall act only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either of central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.

Question 1. Who was the first President of the Commission of the European Economic Community? A. Jean Monnet B. Robert Schuman C. Alcide de Gasperi D. Walter Hallstein

Question 2. In the common foreign and security policy, as laid down in the EU Treaty, the Commission: A. has no right of initiative B. has the sole right of initiative C. shares the right of initiative with the Member States D. shares the right of initiative with the European Parliament

Question 3. The European Ombudsman has the power to investigate complaints concerning maladministration by: A. national public authorities B. Community institutions and bodies C. the Permanent Representations of the Member States in Brussels D. the European Parliament exclusively

Main EU developments/Language (B category)

Question 4. When was the European Parliament first elected by direct universal suffrage: A. June 1979 B. June 1974 C. October 1980 D. February 1984 Question 5. For the Member States, judgments of the European Court of Justice are: A. binding B. not binding C. binding if the Court so decides in the judgment in question D. binding on some Member States but not on others Question 6. What is the main role of the European Commission? A. To prepare proposals for rules and measures B. To apply the decisions of the European Council C. To apply the decisions of the European Parliament D. To harmonise the legislation of the Member States Question 7. Who takes the legal decision on accession to the European Union? A. the Commission B. the Council of Ministers C. the Court of Justice D. the European Parliament

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