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EU institutions. TUE Article 13. The Union’s institutions shall be : the European Parliament the European Council the Council the European Commission the Court of Justice of the European Union the European Central Bank the Court of Auditors.
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TUEArticle 13 • The Union’s institutions shallbe: • the EuropeanParliament • the EuropeanCouncil • the Council • the European Commission • the Court of Justice of the EuropeanUnion • the European Central Bank • the Court of Auditors
3 main institutions= « instiutionnal triangle » • the Council (and the European Council), which represents the governments of the individual member countries • TheEuropean Commission, which represents the interests of the Union as a whole • The EuropeanParliament, which represents the EU’s citizens and is directly elected by them
The Council & European Council Intergovernmentallegitimacy / represent national interests Major distinction between the 2 councils : • The Council:existssince the EEC = The legislator (unique, to beginwith) • The EuropeanCouncil:first meetings in 1961, institutionalized in 1974, mentioned in the treatysince the SEA (1986), recognized as an institution since the Lisbontreaty (2007)
The Council • Composition: a representative of each MS atministeriallevel (whocan commit the government) • Different configurations (9) amongwhich: General & foreignAffairs Council, ECOFIN, Employment & Social Policy Council. • Presidencyheld by each MS in turn for 6 months
COREPERCommittee of PermanentRepresentatives • Composed of senior national officers • Prepares the work of the Council (works on draftsproposals made by the Commission) • Only the mostdifficult issues remainunsolvedwhen the Council meets
Powers of the Council • Legislator: approval of Commission proposals => law (if the Parliament also agrees in co-decision) + May request the Commission to submit proposals, and may delegate powers to the Commission to pass legislation in a particular field • Executive functions • External relations • Draft the budget and decides (with the Parliament)
Votes at the Council • « Qualified » majority or unanimity • Notion of qualifiedmajority Original meaning = each state had a number of votes and a majority of votes wasrequired SinceLisbon (but delayed to 2014): majority of States + majority of the population (65%)
The European Council • Composition: Heads of States or government + president of the Commission • SinceLisbon, a presidentiselected by qualifiedmajority for a 2 and a halfyearterm(renewable once). The presidentsits as anothermember of the Council • Meetsat least twice a year
The president of the European Council • Chairs meetings of the Council • Ensurepreparation & continuity • Helps to ensurecohesion & consensus • Issues a report to the Parliamentaftereachsummit
Anyrelationshipproblems ? • Whatis the relationship of the presidents and member states? What about the Council intergovernmentallegitimacy? Whatkind the relationshipwith the Council of ministers? • Interaction with the Commission and itspresident? Cooperation or competition (cf. agenda setting role)? • Interaction with the High representative for the Union foreignaffairs and securitypolicy?
High representative for the Union foreignaffairs • Created by the Lisbontreaty • Externalrepresentation of the EU, conductsdiplomacy • Vice president of the Commission and runs the External relations Directorate General • Chairs the external relations Council = « double hat » (more integrated and coordinatedpolicy) / shouldbethe face of the Unionat the international level
Mission/powers of the European Council The European Council provides the necessaryimpetus for the development of the Union and definesgeneralpolitical guidelines = « defines the directions and priorities » -> Decides of Intergovermentalconferences (IGC = summits) to amendtreaties = affirms the consequentialtreaty changes -> Launchesideas of policystrategies -> Intervenes in external relations (new accessions)
Limits of the European Council powers Adoptsconcludingresolutionsbut no law NO LEGISLATIVE FUNCTIONS (resolutions have to go through the legislativeprocess)
TheEuropean Commission • Integrativelegitimacy / The most important political force for integration • Composition -> 27 members / one per MS -> Lisbonreform (in force in 2014): 18 commissionersonly (rotation) to ensure administrative efficiency (v. representation of member states)
Appointment • Council meeting as heads of states nominates the person to be the president (qualifiedmajority) • Council in accord with the nominee for presidentadopts a list of proposedcommissioners (based on MS’sproposals) • EuropeanParliamentapproval of the president & commissioners (hearings) • Appointment by the Council
Organization of the Commission • President: decides on internalorganization and on priorities • Commission structuredthroughDirectorates General for eachsphere of competence (agriculture, competition, eco & financialaffairs). Theyinitiatelegislativeproposals.
Powers of the Commission • Initiative power = initiatelegislation = « motor of the integration » • Monitoring power = « the watchdog », ensuresthat the treaty and otheracts are properlyapplied • Brings actions againstmember states to the Court of Justice, maybring action in case of failure to act by other institutions
Otherpowers • Executive (ensuresimplementation, adoptsregulations) • Establishment of the budget • External relations (determines & conducts the EU externaltrade relations)
The EuropeanParliament Democraticlegitimacy Election: Every 5 years, in Member states (lowturnout and declining, 43% in 2009) Composition: MEPs for each country (in proportion to its population) Total: 736 membersrepresenting 500 millions citizens Lisbon Treaty: no country can have fewer than 6 or more than 96 MEPs. MEPs are grouped bypolitical affiliation, not by nationality.
Powers of the EuropeanParliament • Legislator,together with the Council • Scrutinising other EU institutions, particularly the Commission, to make sure they are working democratically • Debating and adopting the EU's budget, togetherwith the Council.
The Parliament as a legislator • Decideson the content of EU laws and adopts themwhen the « ordinarylegislativeprocedure » applies(ex "co-decision"). • Lisbon Treaty: the range of policies covered by co-decision has increased
Parliament’sdemocratic supervision • When a new Commission is appointed, its members cannot take up office until Parliament has approved them. If the Members of the European Parliament disapprove of a nominee, they can reject the entire slate. • Parliament can also call on the Commission to resign during its period in office (motion of censure) • Parliament keeps check on the Commission by examining reports it produces and by questioning Commissioners • MEPs look at petitions from citizens and sets up committees of inquiry. • When national leaders meet for European Council summits, Parliament gives its opinion on the topics on the agenda
Other actions • Parliament gives its permission for other important decisions, such as allowing new countries to join the EU • Budget: Adoption with the Council of the European Union. Parliament monitors the expenditure (through a committee)
conclusion • The EU institutionalframeworkdoes not compare easilywith national ones • The relationshipbetween institutions are based on functionalcooperation (more thanpoliticalbounds) • The democraticlegitimacy of the whole system isquestionned