The Institutions of the European Union
Mandatory course of the minor European Union Studies, Leiden University
Semester 1
5 EC
Catalog number: 5770M064
Lectures by Dr. Kathrin Hamenstädt
With these notes I got a 9,0 on my mid-term and a 9,5 on my final exam! I'm sure you will too :)
Lecture 1
Introduction
Dr. Kathrin Hamenstädt
Today
- Introduction
- Course schedule
- Overview of the EU institutions
- The EU primary and secondary law
- EU =/= Council of Europe
- Perspectives on EU institutions
Overview of the EU instutitions
- The EU's decision-making process involves four main institutions:
1. European Council (Brussels)
› The European Council consists of the heads of state or the heads of government
of the Member States
› Had a President, elected for 2.5 years, term is reneweable once
› Does not adopt laws, but they can amend treaties
› Looks like the Dutch cabinet
› Decides on the political direction of the EU
› Article 15 TEU & 235-6 TFEU
2. European Commission (Brussels)
› Article 15 TEU & 235-6 TFEU
› European Parliament & Council are involved in legislation, Commission proposes
legislation
› Main executive body (looks like the Dutch ministries), represents the interests of
the EU
› Can put forward proposals for new laws or amendments on existing laws, which
are then scrutinized by the Parliament and Council together
› Manages the EU’s budget
› Ensures that the member states comply with EU law via the enfringement
procedure (explained in 258 TFEU)
› 'If the Commission consideres that the member states have failed -> if the
state in question does not comply with the opinion laid down by the
Commission, then the Commission may bring the matter forth to the
Court of Justice of the European Union'
› Article 17 TEU & 244-250 TFEU
3. European Parliament (Brussels, Strasbourg, Luxembourg)
› Part of the legislative branch, together with the Council of Ministers; adopts
legislation
› Looks like the Dutch second chamber
› Represents the interests of the citizens of the EU, by whom they are elected
› Last election was in 2019
, › Term of Parliament members is 5 years
› Parliament and the Council adopt on the EU budget
› Article 14 TEU & 223-234 TFEU
4. The Council of Ministers (Brussels/Luxembourg)
› Represents the governments of EU countries; the national ministers come
together in the Council
› Part of the legislative branch, together with the Parliament; adopts legislation
› Looks like the Dutch first chamber
› Coordinates policies
› Parliament and the Council adopt on the EU budget
› Ten different configurations in which the represenatives of the Member States
get together
› Article 16 TEU & 237-243 TFEU
Overview of the other institutions and bodies
- Further institutions:
› Court of Justice (CJEU, ECJ)
› Based in Luxembourg
› 27 judges, one of each member state
› Judicial branch of the EU
› Looks like the Dutch High Council
› Ensures that the laws are followed, the treaties are implied correctly,
checks legality of EU institutions, makes sure EU countries comply with
the EU laws and policies
› Most common procedure: preliminary ruling procedure -> if a national
court comes along EU law, but the national judge doesn't know how to
interpret it -> this case goes to the Court of Justice for clarity
› European Central Bank (ECB)
› Supposed to keep the prices stable
› Responsible for the monetary exchange rate policy
› Court of Auditors
› Independent guardian of the financial interests of the EU citizens
- Further bodies:
› High Representative
› Like a Minister of Foreign Affairs
› Economic and Social Committee
› Represents civil society stakeholders (workers, unions, economic
organizations)
› Consulted by the Commission, European Parliament, and Commission of
Ministers if they adopt legislation which falls within this scope
› Committee of the Regions
› Represents regional and local authorities
› Consulted by the Commission, European Parliament, and Commission of
Ministers if they adopt legislation which falls within this scope
› European Investment Bank
› Lending arm of the EU
› Supports small and medium sized businesses and infrastructure
- Also some agencies and offices
› European Disease Prevention
› Frontex
EU primary law
- Primary law:
, › Treaty of the Functioning of the European Union (TFEU)
› Was developed from the Treaty establishing the European Community
(TEC), which in turn was based on the Treaty establishing the European
Economic Community (TEEC)
› Article 1(1) TFEU: ''This Treaty organises the functioning of the Union and
determines the areas of, delimitation of, and arrangements for exercising
its competences.''
› Article 1(2) TFEU: ''This Treaty and the Treaty on European Union (TEU)
constitute the Treaties on which the Union is founded. These two Treaties,
which have the same legal value, shall be referred to as 'the Treaties'.''
› Treaty on European Union (TEU)
› Article 1 TEU: ''By this Treaty, the High Contracting Parties establish
among themselves a European Union, hereinafter called 'the Union', on
which the Member States confer competences to attain objectives they have
in common.''
› Article 1 TEU: ''This Treaty marks a new stage in the process of creating an
ever closer union among the peoples of Europe, in which decisions are
taken as openly as possible and as closely as possible to the citizen.''
› Article 2 TEU: ''The Union is founded on the values of respect for human
dignity, freedom, democracy, equality, the rule of law and respect for
human rights, including the rights of persons beloning to minorities. These
values are common to the Member States in a society in which pluralism,
non-discrimination, tolerance, justice, solidarity and equality between men
and women prevail.''
› Article 3(1) TEU: ''The Union's aim is to promote peace, its values and the
well-being of its peoples.''
› ! Article 4(1) TEU: ''In accordance with Article 5, competences not
conferred upon the Union in the Treaties remain with the Member States.''
! The EU is not a state; does not have the competence to create
new competences, only the competences that have been
conferred to it by the member states!
› Article 5(1) TEU: ''The limits of Union competences are governed by the
principle of conferral.''
› Charter of Fundamental Rights of the European Union (Charter, CFR, EUCFR);
some articles overlap with the European Convention on Human Rights
› This charter is forcible on all EU member states and instutions, bodies,
officies, and agencies
› Article 1: Human dignity
› Article 2: Right to life
› Article 4: Prohibition of torture
› Article 8: Protection of personal data
› Article 18: Right to asylum
› Article 23: Equality between women and men
› Article 24: Right of the child
› Article 26: Integration of persons with disabilities
› Article 51(1): ''The provisions of this Charter are addressed to the
institutions, bodies, offices and agencies of the Union.''
- The European Council can change primary law (not secondary)
EU secondary law
- Regulation: general application, binding it's in entirety, in all member states!
- Directive: binding, but shall leave to the national authorities the choice and form of
methods -> more wiggle room than in the case of a regulation
› Means by which the result is achieved can be a little different per member state
, - Secondary law is made by Commission, Parliament, Council of Ministers
- Article 288 of the Treaty on the Functioning of the European Union (TFEU):
› ''To exercise the Union's competences, the institutions shall adopt [...]
› A regulation shall have general application. It shall be binding in its
entirety and directly applicable in all Member States.
› A directive shall be binding, as to the result to be achieved, upon each
Member State to which it is addressed, but shall leave to the national
authorities the choice of form and methods.
› A decision shall be binding in its entirety.''
We don't have to understand the difference between a regulation
and a decision / directive and a decision
European Council =/= Council of Europe, watch out!
- European Council is part of the European Union -> heads of state come together in
Brussels
› 27 Member States
› European Council is an institution of the European Union
- Council of Europe is a separate international organisation!
› 47 Member States (as of 16 Sept. 2022: 46 Member States, Russia has been
expelled)
› All Member States of the EU are also Member States of the Council of Europe!
Council of Europe (=/= EU)
- Established on 5 May 1949
- Treaty of London (1949), Article 1: ''The aim of the Council of Europe is to achieve a
greater unity between its members for the purpose of safeguarding and realising the ideals
and principles which are their common heritage and facilitating their economic and social
progress.''
- Important instrument: European Convention on Human Rights (ECHR)(1950) -> direct
response to the atrocities of WWII
› Right to live (Article 2)
› Prohibition of torture (Article 3)
› Right to a fair trial (Article 6)
› Right to respect for private and family life (Article 8)
› Freedom of expression (Article 10)
Court of Justice
- Court of Justice of the European Union (CJEU) (same as the first one in this lecture! Part
of the EU)
› Based in Luxembourg
› 27 judges (one judge per Member State)
› Interprets EU law
- European Court of Human Rights (ECtHR)
› Based in Strasbourg
› 47 judges (46 Member States as of 16 Sept. 2022)
› The European Court of Human Rights is an institution of the Council of Europe
› Interprets the European Convention on Human Rights
› Notice: Convention = ECHR, Court = ECtHR
Perspectives on EU institutions
- Historical
› 'How did the institutions develop?' For example:
› European Commission as the successor of the High Authority
