INSTITUTIONAL STRUCTURE OF THE EUROPEAN UNION

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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)

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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

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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, RD and regional
  and social funds)

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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

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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

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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

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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 concerned with a specific
  policy area

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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
  governments of member states to carry out this
  function

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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

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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

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EUROPEAN PARLIAMENT (con)

• At present 732 members in Parliament (with 13
  seats in Ireland)
• Parliament made up of Political Groupings e.g.
  European Peoples 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

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EUROPEAN PARLIAMENT (con)

• Has more influence in making EU law in many areas
  and TEU (Maastricht Treaty) extended this by
  introducing the concept of co-decision 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

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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 Parliaments 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

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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

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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

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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

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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

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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

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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

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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

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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