This document provides a detailed but easy to understand explanation of the EU and its formed institutions, including the European Parliament, the Council of the European Union, the Commission, the Court of Justice, the European Council and the Court of Auditors. Each explanation of the institution...
CHAPTER 2 – THE OFFICIAL INSTITUTIONS OF THE EUROPEAN
UNION
The European Parliament
Composition
- Official home: Strasbourg, France
- Administrative offices: Luxembourg
- Committee meetings: Brussels.
- MEPs are directly elected for a term of 5 years by European citizens in the MS using
proportional representation.
o They represent some 500 million citizens.
- Following the Treaty of Lisbon amendments, the number of MEPs is fixed at a maximum of
750, plus the President.
- The European Council determines the number of MEPs and the seats allocated to MS, on the
basis of population size and ‘degressive proportionality’ (MEPs representing larger MS by
population will represent more people than the smaller States).
o No country has more than 96 or less than 6 MEPs (Art 14 TEU)
Functions and powers
- Primary function: a forum for discussion and debate
Legislative:
- Originally, the European Parliament’s participation in the legislative process was purely
advisory and consultative.
o With amending Treaties, Parliament’s powers in this regard have increased.
Now, the European Parliament’s approval must be obtained before
legislation can be adopted.
- The European Parliament’s greater involvement in the legislative process has gone some
way to alleviate tensions of democratic deficit in the EU
o As the only directly elected body of the EY, it is important in both perception and
reality that the EP and therefore ‘the people’ have a say.
Budgetary
- Following the Treaty of Lisbon, the EP has an equal right alongside the Council to adopt the
EU budget.
o Article 314 TFEU sets out the stages in this procedure (pg 48 of the textbook)
- The importance of the Parliament’s role is clear.
Supervisory
- The EP exerts control over the executive in a number of ways
o For example, the President of the Commission must first be approved by the EP
o Another example, the entire Commission is subject to approval by the EP (Art 17(7)
TFEU)
- Parliament has the power to require the whole commission to resign from office.
o Such a sanction could be quite damaging to the EU.
, - Article 234 TFEU sets out the conditions applicable:
o If a motion of censure on the activities of the Commission is tabled before it, the
European Parliament shall not vote thereon until at least three days after the motion
has been tabled and only by open vote. If the motion of censure is carried by a two-
thirds majority of the votes cast, representing the majority of the component
Members of the European Parliament, the members of the Commission shall resign
as a body and the High Representative of the Union for Foreign Affairs and Security
Policy shall resign from duties that he or she carries out in the Commission. They
shall remain in office and continue to deal with current business until they are
replaced in accordance with Article 17u of the Treaty on European Union. In this
case, the term of office of the members of the Commission are appointed to replace
them shall expire on the date on which the term of the office of the members of the
Commission obliged to resign as a body would have expired.
- NOTE: this power does not extend to the removal of individual Commissioners or the
President of the Commission.
- The Parliament also has the power to question the Commission and the Council in writing or
orally under Article 230 TFEU and has the right to discuss the Commissions annual general
reports under Article 233 TFEU.
- The Parliament may request the Commission to submit legislative proposals which the EP
considers necessary
- The Parliament also exercises some political control of the Commission, the Council, the
European Council, and the European Central Bank through its right to examine reports which
must be submitted by these institutions.
The Council of the European Union
Composition
- Used to be formally known as the Council of Ministers
- Now officially named the Council of the European Union (Treaty of European Union 1992)
o Generally referred to as ‘the Council’
- NOTE: the Council of the European Union is DIFFERENT from the European Council.
- Comprises of ministers of MS
o Its membership changes according to the matter under discussion
For example, if agricultural matters are under consideration, the Council
comprises of national ministers of agriculture.
- Under the Treaty of Lisbon, there are 10 different configurations – each being chaired by the
relevant minister of the MS holding Presidency (except for the Foreign Affairs Council which,
under ToL amendments, is chaired by the High Representative of the Union for Foreign
Affairs and Security Policy.
- Council members represent national interests in contrast to members of the Commission
who are required to act independently of national governments.
o Thus, it is within the Council where national interests are most strongly represented.
For this reason, it lacks the cohesion of other EU institutions and could
legitimately be said not to be as ‘European’ as the others.
- The relevant ministers that compose the Council are actually elected by citizens in national
elections.
, o As such, they can be said to have democratic mandate.
However, arguably their democratic legitimacy does not extend to their wok
in the Council for they are not directly elected to this role.
This position is contrast to the MEPs.
Functions and powers
- Article 16 TFEU: The Council shall, jointly with the European Parliament, exercise legislative
and budgetary functions. It shall carry out policy-making and coordination functions as laid
down in the Treaties.
- The Council has final power of decision on the adoption of secondary legislation, exercised
jointly with the European Parliament where the ordinary legislative procedure applies.
o The Council can generally act only on a Commission proposal, but can require the
Commission to frame draft legislation in any specific area.
o The Council also has general powers to enact legislation in specific areas, for
example, the ability to adopt provisions for the harmonisation of legislation
concerning indirect taxed under Article 113 TFEU.
- The Council also had a wide law-making power to attain the objectives of the EU found in
Article 352 TFEU.
o The Council can delegate power to the Commission to enact Regulations.
COREPER:
- Article 16 TEU: A Committee of Permanent Representatives of the Governments of the
Member States shall be responsible for preparing the work of the Council.
- The Council's work is therefore prepared by the Committee of Permanent Representatives
(known as COREPER)
- COREPER is composed of representative of each MS who scrutinize legislative proposals
drafted by the Commission and help to set the agenda for Council meetings.
o The Council Secretariat provides administrative support (Art 240 TFEU)
- The committee is hugely important in ensuring the smooth running of the work of the
Council and ensuring that the important matters requiring Council discussion are identified,
labelled (category B) and schedules accordingly, whilst other matters are labelled (category
A) and are adopted without further discussion.
- COREPER effectively act as a decision maker for those issues that COREPER itself considers to
be straightforward.
Voting:
- Is done by unanimity, simple majority, or qualified majority depending on the Treaty
requirement for the particular matter.
- The ToL retained unanimous voting for certain areas, such as common foreign, security, and
defence policy, taxation, and social security.
- Simple majority voting is rarely used, but Treaty amendments have gradually extended the
use of QMV.
- QMV is required for the adoption of legislation in many areas, including most internal
market measures and other areas such as the environment, agriculture, competition,
consumer protection, asylum, immigration, and judicial cooperation in civil and criminal
matters.
- The system from November 1st 2014:
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