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Samenvatting OG uitwerking probleem 5 Introduction to International and EU law
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uitwerking probleem 5 EU recht.
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SAMENVATTING European Union Law, ALLE ARRESTEN EN LITERATUUR samengevat (Cijfer: 8)
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Uitwerkingen European Union law
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Learning objective 1: how is the European Parliament composedand how are its members elected?
The European Parliament represents the people of the countries united in the European Union (art.
14(2) TEU). It has currently 705 members, including a president and 14 vice-presidents. It has a
maximum of 751 members. They are elected every 5 years in their home countries, on the basis of
proportional representation (art. 14(3) TFEU). There is no uniform electoral system for the election of
the members, EU law introduced certain minimum standards: the election must be direct, universal,
free and secret, and no person is allowed to vote more than once. The MEPs arrange themselves in
political groups, it requires at least 23 members, representing no less than one quarter of the
member states.
The seats in the Parliament are divided among all member states according the degressively
proportional system (art. 14(2) TEU): the member states do not elect an equal number of members.
Problem + solutions:
- There may be a danger that a large member state will dominate the legislature reducing
the votes of these member states.
- The smallest member states may have different interests from many other member states,
the danger is that these interests will be ignored increasing their representation.
- The smallest member states may be in a position to cause disproportionate trouble for the
whole territory if they are seen to be well-represented in the legislature.
Tasks
1. The European Parliament as a quasi-legislative body
The EP has the power to accept, reject or amend the commission’s proposals. But it has no power to
introduce legislative proposals on its own initiative. And it does not have an exclusive power to
decide on legislative proposals but only participates in the adoption of EU law legislation together
with the Commission and the Council.
2. The European Parliament as a democratic watchdog
The EP also plays a supervisory role, not least in relation to the other EU institutions. It can open
investigations into alleged contraventions or maladministration in the implementation of EU law, it
can set up temporary committees of inquiry. The EP is also involved in monitoring its activities. The
Commission presents its annual work programme to the EP, the commission is required to present a
general report on the activities of the Union to the EP every year.
3. The European Parliament as a budgetary authority
At the end of the year, the EP and the Council set the EU budget for the following year (art. 314
TFEU). Budget needs approval before it can be spend.
The work takes place in 3 different countries:
1. Administrative work in Luxembourg
2. Plenary meetings in Brussels (3/4 weeks)
3. Remaining meetings in Strasbourg (1/4 weeks)
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