EU Institutions & Government

• Democratic countries have a separation of powers
• Executive government puts laws into action
• The Judiciary passes judgements on laws
• Parliament has the power to make and change the laws
• The Central Bank has power over banking matters

EU Institutions: The Executive

• In the EU the executive is the European Council, and it is a council of ministers from the member states
• Civil servants and authorities are the European Commission
• Parliament is the European Parliament
• The Judiciary consists of the General Court and The Court of Justice of the European Union (CJEU)
• The European Central Bank looks after the Eurozone

Council of the European Union

• The EU: Council of the European Union is in TEU, Art 15 & 16
• The European Council includes all PM's, or heads of state of the member states, plus the President of the commission as members
• The Council includes the ministers of the member states responsible for a particular matter
• The agriculture and fisheries council includes the ministers responsible for agricultural policy
• ECOFIN council includes all ministers of finance
• The European Council consists of heads of state/government + EU level presidents and ministers responsible for specific policy areas
• The European Council is responsible for strategic direction and political priorities
• The Council is responsible for policy-making, legislative, and budgetary powers
• The European Council has no legislative power, whereas the council can share legislative powers with the European Parliament
• The European Council meets on a fixed schedule of four times a year or more
• The Council meetings vary but depend on policy areas
• The European Council is the political steering committee of the European Union: TEU, art 15(1)
• The European Council normally meets twice every six months (TEU, art 15(3)
• The Council legislative and budgetary functions work with the European parliament
• Both councils are located in Brussels, Belgium

The Council

• The Council meets in 10 different configurations, see TEU art 16(6)
• Examples of meeting configurations are the foreign affairs council, justice and home affairs council, agriculture and fisheries council, and the ECOFIN (council of the ministers of finance)
• Decisions are normally taken by Qualified Majority (TEU Art 16(3); unless the treaties provide otherwise)
• A qualified majority requires at least 55% of the 27 council members
• A qualified majority must comprise at least fifteen of them and representing Member States comprising at least 65% of the population of the union
• Decisions can be made for all the EU member states which are not supported by the governments of all EU member states
• Four members of the council can constitute a ‘blocking minority': Safety net: TEU art 16(4)
• The presidency of the council rotates every 6 months among the EU member states
• The Council is does not include the Council of Europe, which is a separate international organisation with its seat in Strasbourg with a major achievement of the European Convention on Human Rights

The European Commission

• The European Commission is the ‘guardian of the treaties’
• It is an administrative body with powers of enforcement in some areas, like competition law and state aid
• It is a collegiate body
• Each member state has one commissioner
• It is based in Brussels
• It is divided into directorates-general (DG COMP for competition law; DG ECOFIN for financial issues)
• The European Commission represents the interests of the EU (TEU, art 17(1))
• The commission promotes the general interest of the union and take appropriate initiatives to that end
• Union legislative acts may only be adopted on the basis of a commission proposal (except where treaties provide otherwise)(TEU, art 17(2))
• The European Commission is called the 'engine of EU law'
• The European Commission ensures the EU member states abide by the treaties and apply EU law (TEU, art 17(1)
• TFEU, art 258 gives the commission the power to bring proceedings against an EU member state before the European Court of Justice if they violate obligations arising from the treaties

The European Parliament

• It has 705 elected members, plus the President of the commission
• Elections occur every 5 years by proportional representation
• Political groups reflect political affiliation, including MEPs from across the different member states
• It meets in Brussels and Strasbourg, with offices in Luxembourg
• The role of the European parliament increased after jointly acting with the council (co-legislator for ordinary legislative procedure, art 289(1) otherwise consultation or consent for special legislative procedure, TFEU art 289(2))
• The European Parliament can make appointments and can censure or dismiss a whole commission for scrutiny
• The European Parliament offers consent, with new EU member states and associate agreements, and withdrawal agreements

The Courts

• Acts of the EU are appealed first to the general court (first instance) and then to the court of justice of the European union
• The general court and the CJEU together review the legality of acts of the EU institutions
• For example, competition cases are appealed to the general court and then further to the CJEU

The CJEU

• TEU, Art 19 details the CJEU
• The CJEU ensures the member states comply with their obligations under the treaties (e.g. in the case of non-implementation of Directives)
• The CJEU interprets EU law at the request of national courts and tribunals – ‘preliminary rulings’
• The seat of the CJEU is in Luxembourg
• The court of justice has 1 judge from each EU country (art 19(2) TEU)
• The court of justice is assisted by advocates general (TEU, art 19(2))
• The General Court has 2 judges from each country
• TEU, art 19 states that the CJEU shall ensure that in the interpretation and application of the treaties the law is observed

Legal Acts of the European Union

• TFEU, art 288 details how to exercise the Union’s competences
• The institutions adopt regulations, directives, decisions, recommendations, and opinions
• Regulations are binding in their entirety
• They are directly applicable in ALL member states
• An example is the brussels Ibis regulation
• Directives are binding on the EU member states, but only as to the result to be achieved
• Member states have some discretion as to how to implement the aims of the directive
• An example is the consumer protection directive 2011

EU Legislative Process

• In most cases the instigator is the Commission , which proposes legislation
• The Council & Parliament then co-decide
• The commission proposes legislation
• The Parliament and council must both approve
• If not, there is a conciliation process with negotiating committee to try for an agreement