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Samenvatting uitwerkingen leerdoelen international and european law nabespreking 5
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EU/INTERNATION LAW PROBLEM 5Literature:
- European Union Law, Boom 2021, Chapter III, pp. 123-140 and 148- 191
1. How are the institutions of the EU composed and how are the members selected?
2. What are the main tasks and powers of the institutions?
1. The European Parliament
Details regarding the functioning of the European Parliament are laid down in the TFEU and
the Rules of Procedure of the European Parliament and the Protocol on the privileges and
immunities of the European Union also applies to members of the European Parliament.
The EP is the only EU institution that derives its legitimacy directly from member state
nationals and, thus, from EU citizens. The members of the European Parliament are elected
by direct universal suffrage in all EU member states. The European Parliament is meant to
provide a direct link between the supranational level and the populations of the member
states.
Composition
Art. 14(2) TEU; the number of members of the EP may not exceed 750, plus the President of
the European Parliament.
Art. 10(1) TEU; the functioning of the Union is founded on representative democracy
Art. 14(2) TEU; the representation of the citizens of the member states in the European
Parliament is degressively proportional
No member state can be allocated more than 96 seats, and the minimum threshold per
member state is 6.
Election
The members of the EP are elected once every five years by direct universal suffrage in all
member states. In theory, the national elector laws and procedures of the member states
therefore apply. EU law has only introduced certain minimum standards; the elections must
be direct, universal, free and secret, and no person is allowed to vote more than once.
As regards the eligibility of candidates, EU law provides that members of the EP may not be
members of the government of a member state or another institution, body, office or agency
of the Union, since they may not be bound by any instructions or accept a binding mandate.
, Tasks
1. Quasi-legislative body
The EP has no power to introduce legislative proposals on its own initiative. It can only ask
the Commission to submit proposals to the EP for the adoption of new, or the amendment of
existing, EU legislation. It does not have an exclusive power to decide on legislative proposals
but only participates in the adoption of EU legislation together with the Commission and the
Council.
In the event of a revision of the TEU or the TFEU, the EP is only consulted in the framework
of the ordinary revision procedure, even if the revision in question would lead to a change in
its institutional status.
The EP plays a key role in the field of EU enlargement, given that the Council may only decide
on a state’s request for accession after obtaining its consent.
2. Democratic watchdog
The EP also plays a supervisory role:
- The EP can open investigations into alleged contraventions or maladministration in
the implementation of EU law. For this purpose, it can set up temporary committees
of inquiry.
- Monitoring the Commission: the Commission presents its annual work program to
the EP, thus providing it with its political priorities and forthcoming initiatives. The
Commission is also required to present a general report on the activities of the Union
to the EP every year. The EP has the right to submit questions to the Commission,
which is required to reply orally or in writing to questions put to it by the EP.
- At the initiative of at least one tenth of its members, the EP can submit a motion of
censure in respect of the Commission to the President of the EP.
- The EP monitors the activities of the European System of Central Banks and the
European Central Bank through an annual report presented to it by the President of
the ECB.
3. Budgetary authority
- At the end of each year, the EP and the Council jointly set the EU budget for the
following financial year, based on a draft budget prepared by the Commission and in
accordance with the special legislative procedure laid down in art. 314 TFEU.
- The Commission implements the budget on its own responsibility; however, the EP is
responsible for granting discharge (waiving legal rights) for its management of the
budget during the preceding financial year, based on accounts drawn up by the
Commission.
- Through the BUDG and the CONT the EP monitors the implementation of the current
budget
- In principle, the EP, meeting in plenary session, adopts the draft decision and grants
the Commission a discharge by a majority of votes cast. The EP also monitors whether
and to what extent the Commission subsequently complies with the comments
accompanying the discharge decision.
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