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Summary of all learning objectives European Union law issues 5 to 8
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Summary of all the learning objectives of the European Union law section, issues 5 to 8
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SAMENVATTING European Union Law, ALLE ARRESTEN EN LITERATUUR samengevat (Cijfer: 8)
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Samenvatting leerdoelen – european union lawProbleem 5
Leerdoel 1: How is the European Parliament composed and how are its members elected?
European Parliament:
Election:
By direct universal suffrage in all EU member states.
Composition:
Arranged in political groups and reflect the political affinities of the members.
Leerdoel 2: How is the Council of the EU composed?
Council of the EU:
Composition:
Consists of the heads of member states.
Meets in ten different configurations that coincide with the 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.
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 I: composed of the deputy permanent representatives of the member states and is
responsible for preparing the meetings of all the other configurations.
Coreper II: composed of permanent representatives of the member states and is responsible
for preparing the meetings of the first four configurations.
Leerdoel 3: How is the European Commission composed and how are its members selected, appointed or
elected?
European Commission:
Appointment:
By the European Council with the Parliament.
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.
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:
Composition:
General Court, Court of Justice and various departments providing services.
One judge from each member state. (art. 19(2) TEU)
, Court of Justice is assisted by advocates-general.
Appointment: (art. 253 and 254 TFEU)
The judges are appointed by common accord of the governments of the member states for a six
year term. Partial replacement every three years.
The advocates-general are appointed by common accord of the governments of the member
states for a six year term. Partial replacement every three years.
The judges and advocates-general must meet all the requirements for appointment to the highest
judicial offices in their respective countries or be legal experts of recognised competence.
Art. 255 TFEU: the panel should give an opinion on the election of the judges and advocates-
general.
Leerdoel 5: What are the main tasks and powers of those four EU institutions?
European Parliament:
Tasks: three categories (art. 223-234 TFEU):
Quasi-legislative body: the Parliament has the power to adopt its own legislative proposals and
those put forward by the executive, but it has no power to introduce legislative proposals on its
own initiative.
Democratic watchdog: the Parliament monitors the activities of the Commission and can open
investigations into alleged contraventions or maladministration in the implementation of EU law.
Therefore it can set up temporary committees of inquiry. As a last resort, the Parliament can
submit a motion of censure in respect of the Commission to the President. (art. 234 TFEU)
Budgetary authority (art. 314 TFEU): working together with the Council, the EU budget is set for
the following year. The Parliament also has the power to reject the budget.
Council of the EU:
Tasks: four categories:
A constitutional body (art. 48 TEU): all amendments must be submitted to the Council and the
Council can adopt amendments.
A legislator (art. 241 TFEU): in most cases it is impossible to adopt secondary legislation without
consent of the Council. It can also influence the direction of developments in the field of European
integration by formally requesting the Commission to undertake any studies it considers desirable
for the attainment of the common objectives and submit to it any appropriate proposals. (art. 241
TFEU)
A policy-making body: is responsible for coordinating the general economic policy of the member
states and it also sets policy for the member states.
An administrative body: the establishment of the EU’s annual budget.
European Commission:
Tasks: four categories:
Driving force (art. 17(1) TEU): the Commission has autonomous decision-making powers and has
an exclusive right of initiative with regard to the adoption of legislative acts. (art. 17(2) TEU)
A representative of the EU (art. 17(1) TEU): ensures the EU’s external representation, with the
exception of the common foreign and security policy and other cases provided for in the treaties.
International negotiations are conducted at the initiative of the Commission or the High
Representative. (art. 218 TFEU)
The executive of the EU: administrative tasks. (art. 317 TFEU)
The watchdog of the EU (art. 17(1) TEU): responsible for overseeing the implementation and
application of EU law. As an administrative body. (art. 258 TFEU)
The Court of Justice of the EU:
Tasks:
Ensuring the observance of EU law in the interpretation and application of the treaties. Must be
performed impartially and conscientiously. (art. 19 TEU)
Main task of the advocates-general: to provide the latter with an impartial and independent
evaluation of the relevant facts and points of law.
Probleem 6
Leerdoel 1: When is the EU competent to act? What are the categories of competences of the EU? NB: look at
the implicit external competence as well!
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