EU Institutions

Question 1

What are the Institutions?

Answer 1

European Parliament
European Council 
Council of Ministers
Commission 
European Union Court of Justice 
European Central Bank 
Court of Auditors

Question 2

Why does the EU have institutions?

Answer 2

‘The Union shall have an institutional framework which shall aim to promote its values, advance its objectives, serve its interests, those of its citizens and those of the Member States, and ensure the consistency, effectiveness and continuity of its policies and actions.’

Question 3

Democracy in terms of EU

Answer 3

Main value of the Union, yet it is a contested concept. Due to it meaning various things to various states, mainly though democracy tends to relate to citizens being represented fairly.

Question 4

Chalmers et al check for democracy

Answer 4

Representative - ‘Parliamentary input into the process, and extent that EU lawmaking undermines national parliamentary process’
Deliberative - ‘Quality of debate surrounding and informing law-making process’ EU should have less back room dealing
Participatory - ‘Insufficiently plural, not listening to enough interested parties, yet too much weight to others’

Question 5

General Assumption?

Answer 5

It is democratic, different to international law as it is more effective deals with 28 states. Yet varying opinions as some say not democratic enough, while others say it is due to the checks and balances in place.

Question 6

Nationalism and ‘Constitutional Tolerance’

Answer 6

Some argue supranationalism is intrinsically undemocratic. ‘democratic community..relies on a mutual commitment by participants which is instituted through their all being free and equal members of a political community’
CT - relies on ‘acceptance of shared destiny with foreigners’

Question 7

EU based on the idea of?

Answer 7

Multiple demoi, multiple people who must respect each other and be respected by the Union.

Question 8

Commission - General

Answer 8

‘Central institution for proposing legislation and for securing national government compliance with that legislation’ Sole right to propose legislation (other people are asked as well though) Needs to approval of ministers and parliament to pass though

Question 9

Commission - Functions

Answer 9

Art 17 TEU -
1) Promote general interest of the Union, take measures to that end. Ensure application of the Treaties, and ensure measures adopted adhere to them. (Can take action against a state if aren’t following treaty) Oversees application, exercises management functions.
2) Union legislation only adopted on basis of Commission proposal, unless treaties provide otherwise.
Commission has extensive control over integration process. Determine legislative agenda, and general policy strategies. There is a consultative process through MSs asked and there national experts.

Question 10

Commission’s Role

Answer 10

Guardian of the Community Interest, Hybrid body (political and bureaucratic) through policy and legislation has influenced integration, key point of contact for EU and third states

Question 11

College of Commissioners, and Appointment

Answer 11

One for each MS, 2014 debate surrounding this reduce 2/3 didn’t happen. They act in general interest of EU, and are headed by president.
Method - European Council + Parliament put forward other commissioners, Parliament then can reject the entire Commission if they want but not individual although can be done (Italian example)
Claims this is undemocratic

Question 12

The Council (Of Ministers)

Answer 12

Art 16 TEU - 1) Jointly with EP carry out legislative and budgetary functions, policy-making and coordinating functions 2) One Minister from each MS

Question 13

Presidency of the Council

Answer 13

Foreign Affairs Council is presided by the High Representative of Foreign Affairs. Otherwise presidency is on a rotated basis between MS. Each hold it for 6 months, every 14 years. Get assistance from previous presidency, and tend to shape agenda

Question 14

Meetings of the Council

Answer 14

Organised via subject matter, only one minister attending. A lot of back room trading forced meetings to be in public Art 16(8) When concerning legislative act must meet in public, still back room trading though at least we can see part

Question 15

Functions of the Council (Of Ministers)

Answer 15

Adopt legislation via QMV, (55% MS, 65% EU Population) but on sensitive matters unanimous voting.
Budget functions with EP
Concludes treaties with third parties after getting consent from EP
Request legislation from Commission

Question 16

Committee of Permanent Representatives (COREPER)

Answer 16

Prepare ground work for council meetings, done by civil servants. Experts working on it ensures that it isn’t incompatible with national law, but done out of public eye.

Question 17

The European Council

Answer 17

Began as informal meetings of heads of state, then codified in TEU Art 15:

1) Define general direction, and priorities, not legislative
2) Made up of Heads of State
3) Meet twice every six months
4) Unless provided votes taken by consensus

Question 18

Role of European Council

Answer 18

Changed to accommodate political reality. Most important people who decide big changes per say. Most important decisions are in fact given to this council now

Question 19

Presidency of European Council

Answer 19

Separate office, used to change with presidency of Council. Strength it by not having one president, determined by QMV 2 1/2 year terms but can’t hold national office at time
Art 15(6) - a) Drive forward work
b) ensure preparation and continuation of work in cooperation with Commission
c) cohesion and consensus with European Council
d) Report to parliament after each EC meeting

Question 20

European Parliament - Composition

Answer 20

Most democratic institution (Not when voter turnout/unified system) Directly voted in by the public, to solve ‘input legitimacy’ Only 5 year terms. Degressive proportionality meaning smaller states have more MEPs than larger states, no fewer than 6 and no higher than 96. Not very democratic though

Question 21

European Parliament - Powers

Answer 21

Legislative and Budgetary - Adopt with Council, must be informed when relate to foreign and security policy
Dismissal and Appointment - Can request resignation of Commission as whole if 2/3 in favour, elect president of Commission
Supervisory Power - Monitors other institutions through committees of inquiry, appoint Ombudsmen who inquiry to complaints made to maladministrations in Union

Question 22

Court of Justice

Answer 22

28 Judges, 1 per MS, appointed by MS, 6 year term which is renewable. They must be ‘highest judicial offices in their respective countries or who are jurisconsults of recognised competence’
Sit in chambers of 3/5 judges , Grand Chamber 13 only occasional all. Assisted by 11 Advocate Generals, effectively Judge and give advisory opinions that do not have to be followed.

Question 23

CoJ Procedure

Answer 23

Cases largely in writing, then oral stage to sum up arguments, then Advocate General gives opinion, and then single judgment from court.

Question 24

CoJ Juridiction/Interpretation

Answer 24

Direct Actions (Against an MS, or institution) 
Indirect Actions (Preliminary Hearings)
Appeals from General Court 
'Shall ensure interpretation and application of Treaties is observed' Methods of which include: teleological, context, different versions,

Question 25

General Court

Answer 25

At least one judge from each MS, currently 56. Same appointment of CoJ but no AG’s. Sit in chamber of 3 or 5.
Jurisdiction - Actions by natural and legal persons against EU institutions, Completion cases, appeals by specialised courts