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EU Institutions and decision making (I) Course number: EUI02. Lecturer:. Aims of the lecture. To familiarize participants with institutions of the European Union,
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EU Institutions and decision making (I) Course number: EUI02 Lecturer:
Aims of the lecture • To familiarize participants with institutions of the European Union, • To allow participants to appreciate, which EU institutions can legislate and what is their exact role in EU decision-making process, • To enhance the general knowledge of EU affairs and EU institutional framework among the Ukrainian civil servants, • To facilitate understanding of institutional dynamics in the European Union.
EU institutional framework • EU institutional structure: a multilayered system, which has been in constant development since 1950s, • Most recent reforms introduced by the Treaty of Lisbon (in force since 1 December 2009), • NOTE: EU institutional framework comprises various bodies divided into institutions, advisory bodies, agencies and many other organs.
EU institutional framework • Key political decisions are taken by the European Council, • Three other main institutions: Council of the European Union, European Parliament and European Commission, • Court of Justice of the European Union: in charge of enforcement of EU law.
European Council • Legal basis: Art. 15 TEU, • Fully fledged EU institution since entry into force of the Treaty of Lisbon (2009), • Developed from regular meetings of heads of states and governments, which commenced in 1970s, • It takes key political decisions but it is not a legislator, • Key decisions taken by consensus.
European Council • President of the European Council: appointed for 2 ½ years, one renewal possible, • No particular pre-requirements, in practice a high ranking politician from one of the EU Member States, • Note: the permanent presidency is a relative novelty – introduced by the Treaty of Lisbon, • The role of President is generally defined in Article 15(6) TEU and it reflects the powers of the European Council as such.
Council of the European Union • Legal bases: Art. 16 TEU & Arts. 237-243 TFEU, • The most important decision-making authority: as a general rule it co-legislates with the European Parliament, • Council represents interests of the Member States of the EU, • Council decides – as a matter of principle – by qualified majority, however in several areas unanimity is still required, • Important role played by COREPER – Committee of Permanent Representatives.
Council of the European Union • Council is composed of ministers from national governments, • Depending on the subject area of a meeting it has different compositions. • The General Council: ensures consistency in the work of different Council configurations; prepares and ensures follow up to meetings of the European Council (to this extent it liaises with the President of the European Council and the Commission), • The Foreign Affairs Council: elaborates the Union’s external action on the basis of strategic guidelines laid down by the European Council and ensures consistency of the EU’s external action, • The other compositions of the Council include: ECOFIN; Justice and Home Affairs; Employment, Social Policy, Health and Consumer Affairs; Competitiveness; Transport, Telecommunications and Energy; Agriculture and Fisheries; Environment; Education, Youth and Culture.
European Parliament • Legal bases: Art. 14 TEU, Arts. 223-234 TFEU, • The powers of the European Parliament have been increasing with every revision of the Founding Treaties, • European Parliament represents the interests of EU citizens, • An interesting rule of thumb has emerged: the more important the Parliament becomes - the less interested EU citizens are (see turnout in EP elections).
European Parliament • Members of the European Parliament are elected every five years in general elections in the Member States, • Term of the European Parliament cannot be cut short, • As per Art. 14(2) TEU the number of MEP may not exceed 750 + President (representation shall be degressively proportional, with a minimum of 6 seats and maximum 96 seats), • The number of MEP will be reduced to 705 when the United Kingdom leaves the EU in March 2019.
European Commission • Legal bases: Art. 17 TEU, Arts. 244-250 TFEU, • European Commission is the EU’s executive arm, • It represents the interests of the European Union, therefore it is independent from the Member States, • It has a wide suite of competences, which make it a powerful institution.
European Commission • European Commission is composed of 28 commissioners (one per Member State), • Appointment involves the European Council as well as the European Parliament (see Art. 17 para 7 TEU), • The term of the Commission is 5 years (and coincides with elections to the European Parliament), • Commission may resign as well as it may be dismissed en bloc by the European Parliament (2/3 majority representing a majority of MEPs is required), • Commissioners may be also forced to resign by the President of the Commission.
European External Action Service • Legal bases: Art. 27(3) TEU,Council Decision 2010/427/EU establishing the organisation and functioning of the European External Action Service • It supports the High Representative for Foreign Affairs and Security Policy (Art. 27 TEU), • NOTE: High Representative ex legeis Vice President of the European Commission and chairs meetings of the Council (Foreign Affairs composition), • High Representative appointed together with the European Commission.
Court of Justice of the EU • Court of Justice of the EU is one of the most crucial institutions, it has shaped EU law, • It combines the functions of supreme, constitutional, commercial and administrative court, • Its jurisdiction is compulsory for the Member States of the European Union, • Court of Justice of the EU comprises: the Court of Justice, the General Court, • Formally there is an option to create specialized courts.
Court of Justice of the EU • There are 28 judges (27 when the United Kingdom leaves the EU) and 11 advocates general at the Court of Justice, • Advocates general provide non-binding opinions in selected cases, • The General Court is undergoing a reform and by 2019 will be composed of 56 judges (54 when the United Kingdom leaves the EU).
Other EU bodies • Institutions: Court of Auditors, European Central Bank, • Advisory bodies: Committee of the Regions, Economic and Social Committee, • Agencies: e.g. Fundamental Rights Agency, European Banking Authority, European Food Safety Authority, • Other bodies: e.g. Europol, Eurojust, EU Ombudsman.
Things to remember • European Union has a complex institutional system comprising many bodies of different types, • Key decision-making authorities are European Council, Council of the European Union, European Parliament, European Commission, • Court of Justice of the European Union is the judicial arm of the EU, • There is a plethora of other bodies, including agencies and advisory committees.