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Summary European Union Law
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Summary of 93 pages for the course European Union Law at University of Law (London)
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UNIT 1.1: INTRODUCTION TO THE EU INSTITUTIONS2. THE INSTITUTIONAL FRAMEWORK
● The Council Of the European Union
● The European Commission
● The European Council
● The European Parliament
2.3.1 The Council
One representative from each MS at ministerial level. Membership changes based on the area
of policy being discussed. There is a rotating presidency; each MS holds the Presidency for a
period of six months according to Art 16(2) and (9) TFEU.
Assisted by the Committee of Permanent Representatives (COREPER), which prepares the
agenda for meetings. It consists of the MS ambassadors to the EU.
Functions: Responsible for co-ordinating the general economic policies of MS.
Voting procedure: QMV from 1/11/14, this will be attained by at least 55% of each MS (ie. at
least 16) representing at least 65% of the population of the EU. Art 16(3) TEU claims that QMV
should be used except where the treaty claims otherwise.
2.3.2 The European Council
Consists of heads of state of the MS, plus the president of the EC. Meets five or six times a
year. The Lisbon Treaty has made the European Council an institution in itself, and created the
post of President of the European Council (Donald Tusk).
2.3.3 The European Commission
28 Commissioners, one from each MS (Art 245(1) TFEU), with each responsible for a particular
portfolio. Divided into departments, known as Directorates – General and ‘services’.
Every five years a new Commission is appointed.
Functions:
1. Initiating Union policy and proposing legislation (Art 17(1) TEU).
2. Implementing Union policies and the budget.
3. Ensuring that MS comply with their obligations under EU law.
4. Administering and enforcing EU competition law.
5. Negotiating international agreements between the EU and other countries.
, Voting procedure: Simple majority vote.
2.3.4 The European Parliament
Composition: 751 members of the EP (UK has 73). Elected directly, but according to the
procedure in each country.
Functions: Originally consultative and supervisory, powers have increased following the Single
European Act and Maastricht Treaty.
Supervising powers: The EP can veto the appointment of the President and the Commission as
a whole. Pursuant to Art 234 TFEU, the EP can require the whole of the Commission to resign
by vote of censure carried by a two-thirds majority, but not individual commissioners. The EP
can also:
● Set up committees of inquiry to investigate maladministration (Art 226 TFEU).
● Appoint a European Ombudsman to investigate complaints of maladministration
(Art 228 TFEU).
● Submit oral and written questions to the Commission and the Council (Art 230
TFEU).
● Debate the Commission’s annual report (Art 233 TFEU).
Budgetary powers: Approves the Community’s budget. The Commission sends a draft budget
to the Council. The Council (by QMV) submits the budget to the EP. The Parliament may
propose amendments and, post-Lisbon, decides on the entire EU budget together with the
Council. Parliament may also reject the draft budget together with the Council.
Legislative powers:
The ordinary legislative procedure Art 294 TFEU: Formerly the ‘co-decision’ procedure,
introduced in the TEU, it combines an obligatory conciliation and a fully-fledged parliamentary
veto (in the case of a fundamental disagreement).
● The procedure starts with a proposal from the Commission to the Parliament.
● The EP adopts a position (essentially a draft act) on the proposal and sends it to
the Council.
● If the Council approves the Parliament’s position, the Act is adopted. If the
Council does not approve, it adopts its own position and sends it back to the Parliament.
● If within 3 months, the EP:
○ Approves the position, the Council’s position is adopted as an Act.
○ Rejects the position, the proposed Act shall be deemed not to
have been adopted.
○ Proposes amendments to the position, the amended text is sent to
the Council and the Commission.
■ If within three months of receiving the amended
text, the Council:
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