lecture 3 and 4 - the European Commision Flashcards
Art. 2 Treaty of the European Union
European values
- respect for human dignity
- freedom
- democracy
- equality
- rule of law
- respect for human rights, including minorities
institutions - different views
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neorealism: states are central in IR (e.g. Maersheimer)
states imposed limitations on themselves with institutions (they don’t emerge from nothing) - Alan Mirward 1992: ‘The European rescue of the nation state’ (member states wanted to rebuild own states, EU was guarantor
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institutional approaches: institutions matter:
1. they alter state preferences
2. alter power structures
3. provide normative environments
political system of the EU
Art.9 Treaty on the EU outlines all formal institutions: EP, Council, European Council, European Commission, Court of Justice of the EU, ECB, Court of Auditors
EU Council and President
core (legislation)
- European Commission
- Council of ministers
- EP
next to that:
- advisory bodies (EESC, CoR agencies)
- controlling bodies (ECJ, ECA)
- financial bodies (CB)
spread everywhere = lobbyists
Art. 9 discription Commission
the commission = to promote and act on the general interest of the EU
(problem: what is the general interest of the EU?)
*points to supranationality EU
4 roles of the commission
- guardian of the treaties and the legal framework
- initiator of law
- external negotiator (e.g. in trade)
- manager of EU finances
the commission as guardian of the treaties and of the legal framework
infringement EU laws/treaties =
*infringement concerns everyday compliance
- country fails to (correctly) implement
- country refuses to (correctly) implement
- country delays implementation (most often)
when the Commission becomes aware of infringement:
- letter of formal notice (request explanation)
- reasoned opinion (after reply to the letter of notice, if it is unsatisfactory, it argues why it finds something ‘‘unconstitutional’’)
- Commission can bring member states before the Court of Justice
actions against firms can happen when:
- breach EU law on restrictive practices + abuse dominant market position
- breach EU law on state aid
- potentially breaking EU laws on company mergers (competition concerns)
guardian of the treaty case of Poland + Hungary
Poland and the ‘rule of law’ procedure
rule of law principle is crucial for the EU, Poland 2015 breached this principle: politicization judge appointments (-> no separation powers + no independent judiciary) + less independence media
- Art.7 Treaty on EU: Commission or EP can refer state to the Council if it seriously breaches the core principles of the EU
*this is something everyone wants to avoid
taking confidence from Art.7, wanting to avoid it, the Commission adopted the ‘rule of law procedure’:
- commission assessment
- commission recommendation
- monitoring of the follow-up
Poland argued the Commission acted outside of its mandate, now there is a new gov. that has worked Poland out of the procedure with a plan to restore rule of law principle
Hungary
- repeated rule of law violations by Orban
- dec. 2022: Commission blocks funds -> Hungary changed, but not all Commission concerns were adopted
- feb 2024: Commission proceeding against Hungary’s ‘sovereignty law’ with a letter of notice (step 1)
the commission as initiator of law
it makes secondary law (more detailed)
- primary law= treaties
types of secondary law:
- regulation = directly and immediately binding in their entirety (in all member states)
often: rules of procedure or technical standards - directives = binding in terms of goals, MS may choose how to achieve the directives
- decisions = binding, but targeted at specific member states, individuals or institutions
- recommendations = not binding
- opinions = not binding
the commission as external negotiator
- often main/only EU negotiator in bi-/multi-lateral trade negotiations with non-MS
- main negotiator/manager of EU cooperation and association agreements beyond trade
- deals & negotiates (next to MS) with non-MS in respect to many ‘internal’ policies (e.g. environment, energy, transport)
- main coordinator of EU emergency and humanitarian aid
- participates in works of IOs (WTO, FAO, UN, OECD)
- contributes to major part of staff to >140 EU delegations around the world
e.g. commission as external negotiator - transatlantic relations and the tariffs on steel
- Trump meeting with lobbyists about steel and aluminium industries
- Trump wants to put US first -> tariffs
- EU complains about Tariffs on Steel that are detrimental to EU
- Commission (Malstrom + Juncker): EU should be excluded from additional tariffs on US imports . IF NOT: retaliation measures including agriculture (would mean Trump would get less votes)
- no additional tariffs
EU budgets / Commission as manager of EU finances
- responsible for drafting and implementing the budget
- Council and EP control the upper limits and take framework spending decisions
- MFF = Multiannual Financial Framework
structure of the Commission
more political
- president chosen by QMV in the European Council
- one commissioner per country -> 27 commissioners
! commissioners are approved individually by EP: individual hearings
! the EP can only dismiss the Commission altogether (not a single commissioner) - College of Commissioners = each commissioner one vote
- each commissioner has own Cabinet
- Directorates General corresponding to portfolio Commissioner (e.g. DG trade, DG environment)
- horizontal services: secretariat general + legal service, translation services
more technical
core rules = impartiality and collegiality (meaning everyone supports a decision after it is made)
whom do commissioners represent?
Treaty = general interest EU = impartial
expectation at home / press = represent national interest
-> supranational?
e.g. Hungary Commissioner Navcracsics rebuked by Juncker for representing national interest
priorities current Commission
= political (!the commission is more political/supranational than technical)
current Commission = Von der Leyen (2019-2024)
- green deal
- digital strategy
- economy
- stronger EU in the world
- promoting EU way of life (=controversial)
- push democracy (no online hate and disinformation)
how does the College of Commissioners work?
= political tasks
meets at least once a week, chaired by the Commission President
usually decisions by consensus, simple majority vote is possible
