Schuetze: An Introduction to European Law
Summary by Tahrim Ramdjan 1
Introduction
• There has been a decline of the isolationist spirit of the State in the twentieth century, in
favour of the European Union.
• European Union was born in 1952 with the European Coal and Steel Community, then
consisting of six members: Belgium, Frane, Germany, Italy, Luxembourg and Netherlands.
o Integration meant the wish of contracting States to break with ordinary forms of
international treaties and organisations.
• This, then, led to the 1957 Treaties of Rome: creating Euratom and the EEC.
o Merger of these three Communities in 1957.
o Single European Act of 1987 led to major treaty reform: instituting the Pillar
Structure.
o The 1992 Maastricht Treaty led to the creation of the European Union.
o An attempt for a European Constitution failed after this was rejected by the Dutch
and French referendums.
§ However, the Lisbon Treaty was signed in 2007 and enacted in 2009. This led
to a merger of the old Community legal order, with the old Union legal
order.
• What is, then, the current legal structure of the EU?
1) Treaty on European Union (TEU): general provisions defining the Union
Art. 51 TEU Note Art. 51 TEU: Protocols are integral parts of the Treaties, should be envisaged as
‘footnotes’ to particular sections or articles
2) Treaty on the Functioning of the European Union (TFEU): specific provisions guiding
Union institutions and policies
Part III TFEU Note Part III TFEU: Internal areas of policies in which the Union can act
Part V TFEU Note Part V TFEU: External areas of policies in which the Union can act
• The Treaties ought to be seen as framework treaties.
,Schuetze: An Introduction to European Law
Summary by Tahrim Ramdjan 2
, Schuetze: An Introduction to European Law
Summary by Tahrim Ramdjan 3
1 Union Institutions
Art. 13 TEU • Central provision on the institutions of the European Union is Art. 13 TEU which enumerates
seven governmental institutions.
1.1 European Parliament
• The Parliament used to be an auxiliary organ to the institutional duopoly of Council and
Commission. Its role, however, increased from the 1970s onwards.
• Because of its direct election, this institution is the most (1) democratically legitimate and
(2) the most supranational.
• In the past, however, the Parliament was not directly elected: European parliamentarians
were delegated by national parliaments, in procedures that MS themselves could design.
• However, international law logic was abandoned in two ways:
1) No sovereign equality of MS: different sizes for unique parliamentary delegations
2) Treaties envisaged that Parliament would eventually be formed through direct elections
in uniform procedure
• Since 1979 the European Parliament (after act passed in 1976) was composed by
representatives of the European people, rather than representatives of the peoples of the
Art. 14 TEU States, see in that regard Art. 14 TEU.
• The European Council decides on national quotas for sizes of parliamentary delegations.
o The distribution of seats is degressively proportional, from 6 to 96.
o Compromise between democratic principle (each citizen has equal voting power)
and federal principle (political existence of States), hence degressively proportional.
• How is a MEP elected?
o Still no uniform procedure, except for proportional representation and the right to
vote for the EP if you are residing in another MS than the one of which you are a
national.
• Historical powers of the EP:
o ECSC: Supervisory powers
o EEC: Advisory and supervisory powers
Art. 14 TEU • Current powers of the EP, see in that regard Art. 14 TEU:
1) Legislative powers.
No entitlement to formally propose bills: the Commission does so. Informally
Art. 225 TFEU this may happen though, cf. Art. 225 TFEU.
How is the Parliament involved in legislative procedure? Treaties distinguish
between ordinary legislative procedure (OLP) and special legislative procedures.
Art. 289(1) TFEU a) OLP: joint adoption by European Parliament and Council, cf. Art. 289(1)
TFEU.
b) Consent procedure: Parliament must give consent before Council can
adopt legislation, no right of amendment
c) Consultation procedure: Parliament only needs to be consulted
2) Budgetary powers.
Legitimation of expenditure of European budget. Originally only confined to
non-compulsory expenditure (not resulting from compulsory financial
commitments following application of EU Law), but now EP also establishes
Union’s annual budget.
3) Supervisory powers:
Art. 249(2) TFEU a) The power to debate. EP receives general report of Commission, discusses that
Art. 233 TFEU
in public, cf. Art. 249(2); 233 TFEU.
Art. 230 TFEU b) The power to question the Commission and Council, Art. 230 TFEU.
, Schuetze: An Introduction to European Law
Summary by Tahrim Ramdjan 4
Art. 226(1) TFEU c) The power to investigate. Setting up committees of inquiry to investigate
contraventions or maladministration in EU Law, Art. 226(1) TFEU.
Art. 227 TFEU
Art. 228 TFEU
d) Citizens’ power to petition, Art. 227 TFEU. There is also a European Ombudsman,
Art. 228 TFEU.
4) Elective powers.
Art. 17 TEU The EP is involved in election of the Commission, Art. 17 TEU. Dual parliamentary
consent required in appointment:
a) Election of the Commission President by the EP.
b) Appointment of the collective Commission body.
If trust is lost, the EP may vote on a motion of censure, when the Commission must
resign.
Art. 286(2) TFEU
Art 283(2) TFEU EP also involved in appointment of CoA (Art. 286(2) TFEU), ECB (Art. 283(2) TFEU),
Art 228(2) TFEU Ombudsman (Art. 228(2) TFEU) officers, but not judges of the ECJ.
1.2 The Council of Ministers
• Originally, task of CoM was ensuring that the objectives in the EEC Treaty were attained,
through legislative and executive functions.
• Rivalry of two other institutions:
1) European Parliament which became legislatively more active;
2) European Council (institution with Heads of State) which became executively more active;
Hence, CoM characterised as ‘federal’ chamber of Union legislature: where national
governments meet.
Art. 16 TEU
• The intergovernmental constitution of the CoM lies in its composition: a representative of
each MS at ministerial level, Art. 16 TEU.
o There are different Council configurations depending on the subject matter at stake.
Legally there is one Council, but politically there are ten configurations.
o What is then the mandate for each Council configuration?
§ General Affairs Council: ensure consistency in work of different, lower
configurations
§ Foreign Affairs Council: elaboration of Union’s external action based on
guidelines by European Council
Art. 16(7) TEU • There are committees to assist the CoM, called Coreper, including permanent
Art. 240(1) TFEU
representatives (ambassadors at European level), Art. 16(7) TEU; Art. 240(1) TFEU.
o Coreper I: meetings of deputies of PR, preparing technical remainders.
o Coreper II: meetings of PRs, preparing most important political decisions.
• Below Coreper, there are working parties (national civil servants). In Coreper, agreement
must be reached at its level for an initiative to be submitted to the Council for adoption.
o If agreement is reached à A-item.
o If no agreement à B-item: ministers need to discuss item in Council.
• There are two kind of meetings of the Council:
1) Legislation. Discussion in public. Commission will attend.
2) Non-legislation.
• What is the voting procedure in the Council?
a) Unanimity voting: consent of all national ministers. Only when provided for in Treaty in
salient political issues.
Art. 238(1) TFEU b) Simple majority voting: simple majority of component members (Art. 238(1) TFEU), rare.
Art. 16(4) TEU c) Qualified majority voting: Art. 16(4) TFEU, with 55% of members of Council comprising
65% of Union population, solving critiques from both smaller and larger MS
