institutions Flashcards
(50 cards)
parliament quorums
— presence quorum 1/3 → presumed unless lack is established upon request!
— decision-making: simple majority (50% +1 of those voting)
— special quoras:
- absolute majority (50% + 1 of all members): amendment or rejection of Council proposal in second reading in ordinary procedure, adoption of MFF.
- majority presence and 3/5 of votes cast: insistence decision on annual budget
- majority presence and 2/3 of votes cast: determiantion of violation of values of the Union
- lowered to 1/4 of members: to set up committee of inquiry
assent/constent procedure
cannot participate in forming content, but right of veto
eg. anti-discrimination legislation, flexibility clause of Art. 352 TFEU
consultation procedure
only right to issue opinion, but no veto eg. citizenship rights, freedom, competition law and indirect taxation
political control functions of parliament
— elects President of Commission based on the proposal of Council which must take into account majority situation in Parliament.
— approves College of Commissioner including High Representative
— vote of no confidence on Commission
— right of interpellation: question Members of Commission
— set up committees on inquiry for percieved instituttional infringements
— scrutiny via the Court: challenge of procedural choices during decision making and of implementation decisions
budgetary functions of parliament
— own resorues are laid out by Council on proposal from Commission, in which Parliament is only consulted.
— MFF requires parliamentary approval
— individual annual budgets adopted by Parliament in co-decision with Council, under ordinary legislative procedure
— granting or refusing discharge to the Commission (upon the recommendation of the Council) at the end of the fiscal year (= scrutiny)
president of the parliament
- elected by EP for 2.5 years, can be reelected
- planning and chairing plenary sessions
- represents the Parliament outwardly and in its relations to the other institutions of the Union
- Is responsible for the application of the EP‘s rules of procedure and therefore chairs all work of the Parliament and its institutions.
european council facts
- not part of the legislative bodies, any involvement is expressly forbidden.
- principal task is to formulate political guidelines, goals and priorities which normally realised in the conclusions and are designed to be taken upon by other institutions
- some special tasks are identification of a violation of fundamental principles, development of CFSP guidelines and recommendations for High Representative and President of Commission.
- informally in existence since 1974; formally
established with Single European Act, Institution as of
Treaty of Lisbon - 4 meetings per year unless crisis
european council quorums
presence quorum: 60%, standard decision-making quorum is consensus
(qualified majority for proposing president of commission)
permanent president of european council
elected for 2.5 years by qualified majority, once renewable, may not be active head of government
council presidency
— rotating every 6-month, the previous, current and future always work together: troika
— chairs meetings of the Council
— some possibility of Member States to push issues that are of national importance; more important role is that of facilitating the decision making.
council quorums
presence quorum: 1/2
decision-making quorums:
- qualified majority (double majority since Lisbon) → standard
- simple majority → procedural matters and requests to Commission to be active
- super-qualified majority → deciding wihtout proposal from Commission or High Representative (mostly CFSP, concusion of withdrawal agreement, excessive deficit procedure of economic and monetary policy) Art. 238(2) TFEU
- unanimity → decisions in CFSP Art. 31(1) TEU, sensitive matters (harmonisation of tax law, language)
blocking minority
Art. 16 (4) TEU,
— minimum 4 MS → safeguard for smaller MS against being outvoted
— Ioannina Compromise 1994
— delay in decision-making, no permanent veto → strenghtens willingsness to find compromise
emergency break mechanism
suspension and referral to European Council in matters of social security (Art. 48(2) TFEU) and criminal law (Art. 82(3) and 83(2) TFEU)
reverse qualified majority
e.g. excessive deficit procedure (Art. 126 TFEU, Art. 212 TFEU)
→ facilitate adoption of controversial decisions eg. sanctioning
→ hands main decision-making over to Commission, limiting Council to veto right which needs a qualified majority
passarelles clauses
introduction of qualified majority voting for unanimity decisions in the Council
e.g. Art. 48 (7) or Art. 31 (3) TEU
EU pilot procedure
MS deficits in enforcement and implementation can be eliminated by structured dialogue. Opportunity for resolution before Art. 258 TFEU (letter of formal notice). Used where Commission sees useful input for the Ms rather serious and urgent breach.
Green and White Papers
preparatory strategic planning
— Green Paper: initial thought on possible course of action, describes alternative measures, subject to broad public consultation: Commission assess these contributions
— White Papers: explains which options were selected and proposes time-table for adoption
satellite agencies / regulatory agencies / decentralised agencies
— established on secondary legal basis
— financial and administrative autonomy and independence in performance of tasks
— permanent base of operation outside of Brussels
— sometimes empowered to adopt acts with legal effect for third parties and individuals, but these are subject to action for annulement under Art. 263 TFEU
executive agencies
— all under umbrella of Commission
— usually established for limited time
— eg. European Research Council Execuitve Agency (ERCEA): manage and implement research funding and programmes (Horizon Europe)
competences of gc and ecj
ECJ: horizontal and vertical competences
→ preliminary ruling, infringement, opinions, international agreements
→ action for annulement filed by a privileged applicant (Art. 51 CJEU Statue)
GC: protection of individual right against EU institutions:
→ action for annulment and failure to act, damages, arbitration proceedings
appeal from GC to ECJ:
→ limited to question of law and not facts, scope cannot be expanded
→ ECJ may resolve dispute itself or refer it back to GC, which is bound by ruling
→ if against decision of agency that has quasi-judicial board of appeal (EUIPO), then it can only review GC’s decision if the issue if significant in respect of unity and consistency!!
function of advocate general
support and advise the judges by preparing Opinions for each case (except easy ones), which analyse the legal issue and assess solutions in a neutral manner and more detailed then final judgements. They entail non-binding recommendations.
order of proceedings
- written phase: application and response of other party and reply by applicant, submission of evidence and documents and statement from third-parties.
(+ interim measure may be requested Art. 279 TFEU → plausability of claim and necessity to prevent serious and irreparable damage) - preliminary report prepared by judge-rapporteur: proposal how to handle the case
- (oral hearing): asking questions from parties, Advocate General presents opinion at the end
- drafting judgement: only those who took part in proceedings (principle of immediacy)
- judgement passes with simple majority: reasoned and no dissenting opinions
- judgements are directly enforceable and all have erga omnes effect
types of infringement procedures
- Commission initiates proceedings Art. 258 TFEU
- MS takes another MS to ECJ Art. 259 TFEU → grievance is not prerequisite!
- MS is not following ruling of ECJ → only Commission can bring action Art. 260 TFEU
