Understanding EU Institutions: Decision-Making Process

1. EU Institutions and decision making (I) Course number: EUI02 Lecturer:

2. 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.

3. 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.

4. 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.

5. 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.

6. European Council - composition

7. 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.

8. European Council

9. President of the European Council

10. 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.

11. 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.

12. Council of the EU

13. 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).

14. 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.

15. European Parliament

16. 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.

17. 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.

18. President of the European Commission

19. European Commission

20. 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.

21. High Representative

22. 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.

23. 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).

24. 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.

25. 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.