INSTITUTIONAL STRUCTURE OF THE
EUROPEAN UNION
• THE COUNCIL OF THE EUROPEAN UNION
• THE EUROPEAN COMMISSION
• THE EUROPEAN PARLIAMENT
• THE EUROPEAN COURT OF JUSTICE (ECJ)
• EUROPEAN CENTRAL BANK (ECB)
OTHER INSTITUTIONS
• Economic and Social Committee
- forum of interested groups to express opinions
on proposed legislation
• European Investment Bank
- provides loans to finance capital projects
• European Court of Auditors
• Community for the Regions
COUNCIL OF THE EUROPEAN UNION
(COUNCIL OF MINISTERS)
• composed of relevant government ministers
• President of Council rotates every six months
• task of Presidency to settle disagreements and further objectives agreed
by Council
• ministers become involved at end stage
• standing committee of civil servants (composed of permanent
representatives of national governments) called COREPOR to settle
disagreements
• in case of disagreements, proposals can be given to the Commission or
Parliament for further consideration or left till compromise is reached
• voting by unanimity (taxation, culture, defence) and by majority
(agriculture, R&D and regional and social funds)
EUROPEAN COUNCIL
• regular meetings of the heads of government of member
states
• no treaty basis until recognised by SEA
• regular meetings held since 1974
• summits chaired by member state that holds Presidency
and includes heads of government, President of
Commission and President of the European Parliament
• meetings usually influenced by whoever holds the
Presidency
• Council is an inter-governmental institution
• SEA and EMU initiated by European Council
ROLE OF COUNCIL
• forum where new initiatives are identified
(consistent with stated objectives of existing Rome
Treaty)
• as a result of Article 236, Treaty could be modified
through an IGC (SEA and Maastricht Treaty
products of this process)
• resort to European Council can be adopted by
Council of Ministers and Commission when
decision-making locked
• SEA explicitly and formally recognised the
European Council
VOTING PROCEDURES
• Original Rome Treaty laid down important guidelines as
regards voting
• Generally in earlier stages of Community, decisions
required unanimous vote. Subsequently it was decided that
in certain areas such as agriculture, a qualified majority
would be sufficient for measures to be adopted.
• However in other areas such as entry of new members,
unanimity required.
• Since '95 with 15 members majority vote is 62 (out of total
of 87). So 26 votes against any motion - based on qualified
majority voting constitutes a blocking minority
• The Nice Treaty proposed a change in this voting system
with the larger countries being given proportionately more
votes
EUROPEAN COMMISSION
Cross between a civil service and an executive body
• 20 Commissioners, two from Germany, France, Italy,
Spain and the UK and one from each of the other countries
• appointed by member states and accountable to EP, but not
responsible to them
• President of the Commission appointed by governments of
member states and approved by EP has a seat on European
Council and in other economic and political forums
• In its role as administrative body it is split into a number of
Directorates General (DGs) with specific areas of
responsibility
• Commissioners appointed for five-year renewable terms.
Each Commissioner responsible for a portfolio which is
EUROPEAN COMMISSION (Con)
• One of the Commissioners is elected President with the
power to appoint one or two Vice-Presidents
• President and Commissioners as a body must be approved
by Parliament
• Beneath each Commissioner at least one Director General
in charge of a Directorate-General i.e. a broad policy area
• Article 157 of Rome Treaty requires that Commissioners
"shall neither seek nor take instruction from any
Government or any body
• Commission guardian of Treaty and responsible for
monitoring and policing EU law
• Does not implement these laws but depends on
EUROPEAN COMMISSION (Con)
• Has power to investigate breaches of EU law by
governments, companies and individuals and can impose
fines if law is broken
• Has powers to compel change in policies of national
government if contrary to EU law
• When decisions are appealed they are sent to the European
Court of Justice
• Day to day running of EU policies and programmes and
administering of Structural Funds under control of
Commission
• All proposals for new Community legislation must be
initiated by Commission on basis of the Treaties, or the
decisions of the European Council
EUROPEAN PARLIAMENT
• Problem of location
- plenary sessions held in Strasbourg
- seratariat located in Luxembourg
- committee meetings and new building held in Brussels
• Nominations
- originally nominated through indirect election (whereby each state
decided on its means of selection)
- first direct elctions in 1979 and held subsequently every five years
- members organised into political rather than national groups (Ireland
has now 13 representatives) rereenting a reduction as result of Nice
Treaty recommendations)
- not responsible to nor appointed by governement of member states
• powers limited but growing since SEA
• Can dismiss the Commissioners and can refuse to approve the budget
of the EU
EUROPEAN PARLIAMENT (con)
•
At present 732 members in Parliament (with 13 seats in Ireland)
•
Parliament made up of Political Groupings e.g. European People’s Party, Socialist
Group, Alliance of Liberals and Democrats, Greens/European Free Alliance,
Europe United Left, Independents and Unattached
•
Parliament has 3 main functions
– Passing European laws
– Democratic supervision over EU institutions – especially the Commission
– Authority over Budget
•
Work divided into two main areas
- preparing for plenary sessions (committees)
- sitting in plenary sessiong
EUROPEAN PARLIAMENT (con)
• Has more influence in making EU law in many areas and TEU
(Maastricht Treaty) extended this by introducing the concept of codecision between Council and the EP
• Investigates by means of a series of committees the workings of the
various policies of the Community
• Has influence on the appointment of the Commission and has the right
to accept or reject incoming Commissioner team
POWERS OF PARLIAMENT
- plays a role in appointment of Commission and can dismiss a
Commission (with a vote of censure of two-thirds majority)
• to appoint and dismiss
• important role in relation to budget
• The legislative process co-operatoon procedure modifies Parliament’s
role
- first and second readings
- blocking role under Negative Assent procedure
Investigative role
• Permitted to set up temporary committees to investigate alleged
contraventions of Community law
• Following Maastricht, power to appoint Community Ombudsman to
investigate complaints regarding maladministration
EUROPEAN COURT OF JUSTICE
• Is composed of as many judges as there are member states and based in
Luxembourg
• Responsible for making jugements and interpreting Community law
and making judgements when there are disputes
• Takes precedence over national law
• Most supranational of institutions - not accountable to national
governments
• Cases can be referred to it by Commission, Governments, National
courts and Parliament
• Important in areas such as competition and employment law
• Now connected to ECJ is the Court of First Instance
EUROPEAN COURT OF JUSTICE (con)
• Founded in 1952 under the ECSF Treaty
• Though comprising 25 members from each of the meber states it rely
sits in full session acting as Grand chamber of 13 judges or in
chambers of 5 or 3 judges
• Court is assisted by 8 advocate Generals wh present raesoned opinions
on evidence presented before the courts. Before 2003 advised on
verdict in cases, but now only in case of new legal positions
• Gives rulings in following situations
- Rulings in preliminary situations
- Actions for failure to fulfil an obligation
- Actions for annulment
- Actions for failure to act
• Decisions decided by majority and issued at public hearing
EUROPEAN CENTRAL BANK
• Preceded by EMI
• Replaced by ECB in 1998
• Role of ESCB and ECB
• President of ECB appointed by Euroean Council for 8
years
• Responsible for over control of monetary policy e.g.
inetrest and exchange rates
• Independent of national governments
EUROPEAN CENTRAL BANK (con)
• Main task of ECB is to control price level (to 2% increase pa) which is
done through control of money supply, monitoring price increases and
setting interest interest rates
• Bank is managed by three boards
• Executive Board made up of President, Vice President and four other
agreed members who implement day to day policy
• Governing Council made up of the six memebrs mentioned and also
the Governors of the 12 Centarl Banks in Euro area. It formulates the
policy of the ECB
• This comprises the six mebers of the Executive Board and the
Governors of all the 25 Centarl Banks in the Euro area – has an
advisory role and prepares for enlargement of Euro area
COURT OF AUDITORS
• Established in 1975 and began operation in 1977
• Carries out value for money audits
• Indicates whether previous expenditure was legally and
properly incurred
• Report is addressed to Council of Ministers and to
European Parliament
• Court of auditors has a staff of about 330
OTHER INSTITUTIONS
• Economic and Social Committee
- forum of interested groups to express opinions on proposed
legislation
• European Investment Bank
- provides lonas to finance capital projects – mosly in
regions lacking infrastructure
• Community for the Regions
- established 1994 in accordance with Article 198a of
Maastricht Treaty
- appointed on recommendation of national governments
and may be consulted by Council on matters affecting the
regions
THREE PILLARS
•
European Union confers Union citizen rights additional to those enjoyed at
member state level
- can take up residence in any member state and stand as a candidate in
municipal and European elections
- right to petition European Parliament and EC Ombudsman
1st pillar relates to three treaties (ECSC, EEC and EURATOM)
Importance of EMU and ECSB
Industrial and Social Policy (Social Charter) included
Principle of subsidiarity
2nd pillar – Common Foreign and SecurityPolicy (CFSP) – to lead ultimastely to
common defence policy
3rd pillar (Cooperation on Justice and Home Affairs (CJHA)
Cohesion Fund and Committee of Regions
POLITICAL UNION
• The EU has had a long-standing commitment to European Political
Cooperation (EPC)
- restricted to meetings of foreign ministers to discuss and where
possible reach agreement on foreign relations and security matters
- also attempts to reach common measures on terrorism, Eastern
Europe and security
- in the main measures not successful as for example with failure to
prganise any force in the war on Kosovo and also disagreement as to to
handle the US led invasion of Iraq – this has led to calls for radiacl
restructuring of the political integration programme of the EU
• SEA contained rather vague statements on need for closer cooperation
on foreign and security matters
• Masstricht Treaty also envisaged closer moves to political union
- agreement to inter-governmental procedures based on gneral
guidelines from the European Council with Council of Ministers