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lOMoARcPSD|11700591Summary An Introduction To European Law | European Law
European Law (Rijksuniversiteit Groningen)
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An Introduction to European Law, Robert Schutze
Chapter 1. Union institutions.
The EU consists of seven elements, but the four main ones are: the Parliament, the Council, the
Commission and the Court. The European Parliament originally consisted of delegates from the
parliaments of the Member States. They broke the classic idea of sovereign equality by recognizing
different sizes of delegations and since the Election Act (1976) the Parliament would be elected by
direct universal suffrage in all Member States, making it the representation of the peoples of the
States, with a maximum of 750 plus the President. The representation is degressively proportional
and the European Council will decide on the “quotas” (minimum 6 – max 96 seats per country). This
makes for a compromise between the democratic and federal principle, which does mean that not
every EU citizen has the same voting power. Members are elected for five years, the specifics of the
election procedure are left to the Member States but should be in accordance with principles
common to all MS’s. Citizens of the EU residing in another MS (Member State), have the same rights
as nationals of that State.
At first, the Parliament was only given (1)supervisory powers, as a passive onlooker on decision-
making, later on it also became advisory, the Parliament had to be consulted on Commission
proposals before their adoption by the Council. Nowadays: The EP, with the Council, will exercise
(2)legislative and (3)budgetary functions and (4)elect the President of the Commission.
Legislative power: The EP may informally propose new legislation (making the formal bill is done by
the Commission) and, because of the “ordinary” legislative procedure, a proposal of the Commission
needs a joint adoption of the EP and the Council. “Special” legislative procedure: ‘consent
procedure’, EP must give its consent before the Council can adopt EU legislation (but they cannot
amend which leads to a take-or-leave position)under the ‘consultation procedure’ Parliament only
needs to be consulted, nothing more. Budgetary power: the Parliament’s powers are on the
expenditure side (the reverse of traditional parliament functions). Compulsory expenditure: financial
commitments from the application of EU law and non-compulsory expenditure. Later this distinction
was abandoned and Parliament became equal with the Council in establishing the budget.
Supervisory power: the power to question, debate and investigate. Debate about the general report
on the activities of the Union from the Commission. The President of the European Council has to
report after every meeting. They can set up temporary Committees of Inquiry to investigate alleged
contraventions and select an ombudsman to receive complaints. Elective powers: in presidential
systems, executive officers are independent from Parliament, in parliamentary systems they are
elected by Parliament. The EP has a mix: the European Council proposes candidates and the EP will
elect by a majority. All the members of the Commission are proposed by the President-elect,
selected by the Member states and are subject to consent by the EP. That makes the Union’s
governmental system a semi-parliamentary democracy. The EP can, through a motion of collective
censure, make the Commission resign or require the resignation of an individual member.
The Council had to ensure that the objectives set out in the Rome Treaty were attained. It used to be
the central legislative and executive institution in the EU, but the EP limited its legislative role and
the European Council is now composed of the Heads of States. The Council is the federal chamber
where national governments meet.
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