Summary eu law
The entry into force of the Founding Treaties created a new legal order: Member States are restricted in their
sovereignty in certain areas because they transferred some of their powers to the European Community (now
Union). Thus, it became necessary to establish an institutional framework – a legislator, an executive and a
court. The Treaty of Lisbon endowed the European Union with its own legal personality. Its single institutional
framework compromises its institutions, bodies, offices and agencies of the Union.
‘Its institutions’ refers to the entities listed in Art. 13(1) TEU: The European Parliament, The European Council,
The Council of the European Union (the Council), The European Commision (the Commission), The Court of
Justice of the European Union, the European Central Bank and the Court of Auditors.
How is the European Parliament composed and how are its members elected?
European Parliament (art. 14 TEU and art. 223 – 234 TFEU) = Legislative of European Union. Is direct chosen
by the Union citizens.
Composition: maximum 750 members of parliament. now 705 members because of the Brexit.
They are representatives of the Union’s citizens art. 14(2) TEU. However, the number of Members of the
European Parliament is not proportionate to population size = problem of degressive proportionality. Principle
of equality of citizens and states, it’s a compromise.
!Number of members in parliament are not proportional to the population.
Elections are held by direct universal suffrage (algemeen kiesrecht). The term of individual members of
Parliament is five years and the president and 14 vice- presidents for 2.5 years (art. 14(3 + 4) TEU).
The Parliament is the representative of all European citizens.
How is the Council of the EU composed?
Difference between European Council and Council of the European Union! Taking decisions about the EU's
political direction, the European Council brings together the heads of state or government of every EU member
state
Council of the EU (art. 16 TEU and art. 237 – 243 TFEU) = Legislative of European Union. Is indirect chosen by
the Union citizens.
The task of the Council changed because of the rise of two rival institutions: European Parliament and
European Council. The Council of the EU had legislative and executive powers, but the European
Parliament limited the legislative power, and the European Council limited the executive power.
Composition: The Council shall consist of a representative of each Member State at ministerial level: the
member states governments are sending their representatives into the council to vote (Art. 16(2) TEU). Each
national minister represents the interests of his or her Member State.
These interests depend on the subjects that are treated in the Council. Depending on the subject, there are
different Council configurations. Thus, the council is not one institution that is dealing with all policy matters
in one configuration, but it has several configurations. And for each configuration a different national
minister will be representing ‘his’ State. So politically 10 different Councils and therefore 270 members of
the Council of the eu ministers of all EU-countries).
- The council has a presidency = country that is presiding the council’s work. Principle: group of 3
member states for a period of 18 months (turning chair for a period of 6 months).
- The coreper (Committee of Permanent Representatives art. 240 (1) TFEU) prepares the council meetings.
Every Council has a coreper. They have the power to adopt procedural decisions (not substantive ones,
these are exclusive for ministers). They investigate the commission’s draft legislative proposals.
o Coreper 1 prepares the work of all the other council configuration, more the technical
remainder.
o Coreper 2 responsible for preparing the meetings of ambassadors, prepares the council with
the mor important decisions.
The Council meets in various configurations, given that the issues discussed during Council meetings vary. Art.
16(6) TEU distinguishes two of these configurations:
Decision-making and voting: The Council of the EU makes decisions about legislative and
non-legislative activities. A majority of the members of the council are required to enable the Council to vote.
Decision-making in the Council takes places in two principal forms: unanimity voting and majority voting.
1. Unanimity voting = all national ministers must agree.
2. Majority voting = represents the constitutional norm. There is simple and qualified majority.
o Simple majority = the Council shall act by a majority of its component member (art. 238
TFEU).
o Qualified majority =The Council shall act by a qualified majority, except where the Treaties
provide otherwise (art. 16(3 + 4) TEU) qualified majority contains:
- 55 percent has to consent (so at least 15 countries) AND
- The approval must include 65 percent of the EU-population.
, Loannina compromise
How is the European Commission composed and how are its members selected, appointed or
elected?
European Commission (art. 17 TEU and art. 244 – 250 TFEU) Executive of the EU (uitvoerende macht)
Composition: The Commission consists of one national of each member State, each member is chosen on the
ground of their general competence and European commitment from persons whose independence is
beyond doubt (art. 17(3 + 4) TEU). This forms the College of Commissioners.
Number of commissioners is 27 (1 of all EU-countries). European Council (so national parliaments) adopts a
list with Commissioners, the European Parliament votes for approval. The Commission also consists of
President of the Commission elected as follows: European Council puts forward to the European Parliament a
candidate, taking account of the elections of the European Parliament. EP elects by majority. If not elected:
European Council must put forward a new candidate within 1 month.
Elections (art. 17(7) TEU): Appointment procedure is replaced with election procedure. Two stages:
1. The president of the Commission will be elected. Someone will be nominated by the European
Council and then be elected by the European Parliament.
2. In accord with the President-elect, the Council will adopt a list of candidate Commissioners based on
suggestions made by the Member States. When this list is agreed, the proposed Commission is then
subjected ‘as a body to a vote of consent by the European Parliament’, and based on this election, the
Commission shall be appointed by the European Council.
How is the Court of Justice (CJEU) of the EU composed and how are its judges appointed?
Court of Justice of the EU (art. 19 TEU and art 251 – 281 TFEU) Juridical of the EU (rechtsprekende macht)
Composition:
The CJEU is divided into 2 courts:
1. Court of Justice – deals with requests for preliminary rulings from national courts, certain actions
for annulment and appeals.
2. General Court – rules on actions for annulment brought by individuals, companies and, in some
cases, EU governments. In practice, this means that this court deals mainly with competition law,
State aid, trade, agriculture, trademarks.
Each judge and advocate general are appointed for a renewable 6-year term, jointly by national governments.
In each Court, the judges select a President who serves a renewable term of 3 years.
Judges:
- Judges: Court of Justice: 1 judge from each EU country, plus 11 advocates general
- General Court: 2 judges from each EU country
Appointing:
Role: Ensuring EU law is interpreted and applied the same in every EU country; ensuring countries and EU
institutions abide by EU law
Members:
o Court of Justice: 1 judge from each EU country, plus 11 advocates general
o General Court: 2 judges from each EU country
: What are the main tasks and powers of these four EU institutions?
European Parliament (wetgevende macht)
- Main functions: Art. 14 (1) TEU: The European Parliament shall, jointly with the Council, exercise
legislative and budgetary functions. It shall exercise functions of political control and consultation
as laid down in the Treaties. It shall elect the President of the Commission.
- Main powers:
1. Legislative and budgetary functions
2. Voting on all commission legislative initiatives
3. Request the commission legislative proposals (vraagt wetgevingsvoorstellen aan).
4. Exercises their task of political control.
5. Supervisory powers = the power is that of holding the executive to account. It involves the
power to debate, question and investigate. And the European citizens have the right to ‘petition’
the European Parliament, they can go to the ombudsman.
o 233(2) TFEU: power to debate
, o 230 TFEU: power to question
o 236 TFEU: power to investigate
6. Elective powers = art. 17(7) TEU. The Parliament must ‘elect’ the President of the Commission. And
it must confirm the Commission as a collective body as a whole.
Union’s governmental system = semi-parliamentary democracy.
Council of the EU (Council of ministers) (wetgevende macht)
- Main functions: art. 16 (1) TEU: The Council shall, jointly with the European Parliament,
exercise legislative and budgetary functions. It shall carry out policymaking and
coordinating functions as laid down in the Treaties.
- Main powers:
1. Legislative and budgetary functions, so they decide together with the European Parliament what
this procedure is.
2. Voting on all commission (COM) legislative initiatives.
3. As the European Parliament also the council has the right to request from the COM to submit
legislative proposals (art. 241 TFEU).
4. Conclusion of international agreements (art. 218 TFEU).
European Commission (uitvoerende macht)
- Main functions: art. 17 (1) TEU: The Commission shall promote the general interest of the Union and
take appropriate initiatives to that end. It shall ensure the application of the Treaties, and of
measures adopted by the institutions pursuant to them. It shall oversee the application of Union
law under the control of the Court of Justice of the European Union. It shall execute the budget and
manage programs. It shall exercise coordinating, executive and management functions, as laid down in
the Treaties. Except for the common foreign and security policy, and other cases provided for in the
Treaties, it shall ensure the Union’s external representation. It shall initiate
the Union’s annual and multiannual programming with a view to achieving interinstitutional
agreements.
- Main powers:
1. Right of legislative initiative, it has the monopoly to present legal proposals (art. 17(2) TEU).
Normally parliaments can present themselves legislative initiatives, this is not the case in Europe.
In Europe this is exclusively for the Commission. One exception for the area of freedom, justice,
and security (art. 76 TFEU). There is only an indirect right of initiative for the European
Parliament (art. 225 TFEU): European Parliament may request from the Commission to present
an initiative one of the shortcuts in democracy.
2. The European Commission also develops the overall legislative plan for any single year (agenda
setting), it may adopt delegated acts (art. 290 TFEU) = comitology.
3. It has a negotiation power (art. 293 TFEU). onderhandelingsmacht
4. It administrates EU law.
5. Finally, it’s the guardian of the Treaties; it observes whether the member states are following
the Treaties.
The Court of Justice of the European Union (rechtsprekende macht)
- Main functions: art. 19 (1) TEU: The Court of Justice of the European Union shall include the Court
of Justice, The General Court and specialized court. It shall ensure that the interpretation and
application of the Treaties the law is observed.
Member states shall provide remedies sufficient to ensure effective legal protection in the fields
covered by Union Law.
- Main powers:
1. Interpreting the law (preliminary rulings) national courts of EU countries are required to
ensure EU law is properly applied, but courts in different countries might interpret it
differently. If a national court is in doubt about the interpretation or validity of an EU law, it
can ask the Court for clarification. The same mechanism can be used to determine whether a
national law or practice is compatible with EU law.
2. Enforcing the law (infringement proceedings)
3. Annulling EU legal acts (actions for annulment)
4. Ensuring the EU takes action (actions for failure to act)
