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Probleem 5 – Taking control of the EU institutionsLeerdoelen:
Leerdoel 1: How is the European Parliament composed and how are its members elected?
Leerdoel 2: How is the Council of the EU composed?
Leerdoel 3: How is the European Commission composed and how are its members selected, appointed or
elected?
Leerdoel 4: How is the Court of Justice of the EU composed and how are its judges appointed?
Leerdoel 5: What are the main tasks and powers of those four EU institutions?
Boek 1: European Union Law, hoofdstuk 3, p. 123-140 en 148-191
Leerdoel 1: How is the European Parliament composed and how are its members elected?
European Parliament:
Derives its legitimacy directly from EU citizens.
Election:
The members are elected by direct universal suffrage(=kiesrecht) in all EU member states.
The members are elected once every five years.
The elections need to be direct, universal, free and secret and no person is allowed to vote more
than once.
Every EU citizen has the right to vote and to stand as a candidate in elections, but there are
minimum requirements.
Members may not be members of the government of a member state or of another institution,
body, office or agency of the Union.
Composition:
Member state factor: no member state can have more than 96 seats and the minimum is 6 seats.
(TEU)
Arranged in political groups and reflect the political affinities of their members. Three largest:
1. Group of the European People’s Party.
2. Group of the Progressive Alliance of Socialists and Democrats in the European Parliament.
3. Renew Europe.
Leerdoel 2: How is the Council of the EU composed?
Council of the EU:
Consist of representatives of member state governments, who may commit the government of the
member state in question.
Composition:
Derives from the parliamentary elections in the member states and the formation of national
governments based on the results of those elections.
Doesn’t consist of a fixed group of individuals and meet on a regular basis.
Meets in ten different configurations(=instellingen) that coincide with the Union’s various policy
areas.
General Affairs Council: brings together the foreign ministers.
Foreign Affairs Council: brings together the defence ministers, but may bring together the
development or trade ministers.
Eurogroup: brings together the ministers of the euro countries to discuss questions related to
the specific responsibilities they share with regard to the single currency(=valuta_. Meet
informally.
Coreper: a committee that plays an important role in the decision-making process by dealing with
complex technical issues and reaching political compromises. Split into two committees:
Coreper II: composed of permanent representatives of the member states to the European
Union and is responsible for preparing the meetings of the General Affairs Council, the
Foreign Affairs Council and the Ecofin Council, as well as the meetings of the Justice and
Home Affairs Council.
, Coreper I: composed of the deputy(=plaatsvervangend) permanent representatives of the
member states to the European Union and is responsible for preparing the work of all the
other Council configurations.
Chaired by the permanent representative or deputy permanent representative of the
member state holding the Presidency of the Council.
All items on the agenda for a Council meeting must be examined in advance by Coreper,
unless the latter decides otherwise. The Council is not prohibited for adopting decisions
without prior examination by Coreper.
If Coreper is unavailable to reach a compromise, it is up to the Council and the ministers
concerned to conclude an agreement themselves.
Coreper plays a key role as coordinator of the activities of the working parties.
Secretariat: article 240(2) TFEU: assists the Council and is responsible for preparing and
supporting the meetings of the Council. Also responsible for drawing up the minutes of the
meetings.
The Council’s legal service: it bears(=draagt) cross-sectoral(=sectoroverschrijdend) responsibility
for checking the drafting(=opstellen) quality of legislative proposals and draft acts. It also presents
the Council in procedures before the Court of Justice and the General Court.
The presidency: main function is to make appropriate arrangements for the adoption of decisions
in the Council. Legislative acts are signed by the President.
Leerdoel 3: How is the European Commission composed and how are its members selected, appointed or
elected?
European Commission: acts as a collegial(=collegiale) body:
Appointing:
The members are appointed by the European Council with the European Parliament.
For a period of five years and can be reappointed.
The procedure is divided into two stages and agreement is reached on the appointment of the
President.
Procedure:
The European Council, acting by a qualified majority, having consulted the European
Parliament and having taken into account the elections to the European Parliament, proposes
a candidate for the office of President of the Commission.
European Parliament approves the proposed candidate for President of the Commission by a
majority of its component(=bestanddeel) members.
Council, by common accord with the President-elect, draws up a list of candidate members of
the Commission, one of which will also fulfil the role of High Representative of the Union for
Foreign Affairs and Security Policy.
European Parliament, acting by a majority of the votes cast, consents to the President-elect
and the other members of the Commission, including the High Representative as a body.
European Council, acting by a qualified majority, appoints the Commission.
European Council, acting by a qualified majority, with the consent of the elected President of
the Commission, appoints the High Representative of the Union for Foreign Affairs and
Security Policy.
Composition:
One national from each member state.
The President organises the tasks and distributes them among the Commissioners.
The Commission is assisted by a number of Directorates-General, Executive Agencies and Service
Departments. Together they form a single administrative service that is to assist the Commission
in the preparation and performance of its tasks.
The Directorates-General are subdivided into directorates and the directorates are
subdivided into administrative units. They are responsible for preparing the Commission’s
work and implementing its decisions.
Leerdoel 4: How is the Court of Justice of the EU composed and how are its judges appointed?
The Court of Justice of the EU: exists of the General Court and the Court of Justice as well as various
departments providing support services. Ruled by the TEU, TFEU, the Protocol on the Statute of the Court
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