Lecture 2 Knowledge of EU Law & EU Institutions 23-24.pdf

Dr. D.B. Nederlof [email protected] KNOWLEDGE OF EU LAW & EU INSTITUTIONS – WEEK 2 The EU’s political institutions I Knowledge of EU Law & EU Institutions Cluster 1. History, institutions and competences of the EU (lesson w...

Dr. D.B. Nederlof [email protected] KNOWLEDGE OF EU LAW & EU INSTITUTIONS – WEEK 2 The EU’s political institutions I Knowledge of EU Law & EU Institutions Cluster 1. History, institutions and competences of the EU (lesson weeks 1- 5) Week 1: History of the EU and its Foundations Week 2: The EU’s political institutions I Week 3: The EU’s political institutions II Week 4: The competences of the EU Week 5: Legal instruments Today’s topics  The executive branch in the EU  Role, composition and functioning of the European Council  Role composition and functioning of the European Commission  Who leads the European Union? The EU’s institutional framework Art. 13 TEU: The Union’s institutions shall be:  The European Parliament  The European Council  The Council  The European Commission  The Court of Justice of the European Union  The European Central Bank  The Court of Auditors The EU’s political institutions?  The European Parliament  The European Council  The Council  The European Commission  The Court of Justice of the European Union  The European Central Bank  The Court of Auditors The EU’s political institutions?  The European Parliament  The European Council  The Council  The European Commission  The Court of Justice of the European Union  The European Central Bank  The Court of Auditors The EU’s political institutions  The European Parliament  The European Council  The Council  The European Commission How to categorize this further / how to make this set of institutions more intelligible? What is the role of the institutions separately and within the institutional framework? A trias Europea?  EU’s executive branch?  EU’s legislative branch?  EU’s judicial branch? Today’s topics  The executive branch in the EU  Role, composition and functioning of the European Council  Role composition and functioning of the European Commission  Who leads the European Union? The executive branch in general  The visible (political) and invisible (administrative) part of the executive branch  Administrative part (civil servants) responsible for ‘the execution of the laws’ (implementation) and day-to-day management of the public domain  Focus here on the political part (political leadership exercised by politicians; governments, cabinets etc.) The executive branch in general  Political part of the executive:  Taking responsibility, action, initiative (active)  Determining the (longer term) direction of the body politic (taking political decisions, setting the legislative agenda)  Dealing with crises and unforeseen events  Generally consists of (elected) politicians The executive branch in the EU?  Administrative part of the executive in the EU?  Relatively small…  Commission Directorates-General, EU Agency’s  Member states mainly responsible for administering EU law  Implementation and enforcement of EU law: lesson weeks 11 + 12  Political part of the executive in the EU? The EU’s political executive in full  The European Council  The President of the European Council  The Euro Summit  The European Commission  The President of the European Commission  The High Representative of the Union for Foreign Affairs and Security Policy  The Council (Foreign Affairs Council + Eurogroup and their Chairs)  The ECB (‘whatever it takes’, Mario Draghi in 2012) The EU’s main political executive institutions  The European Council (art. 15 TEU + art. 235, 236 TFEU)  The European Commission (art. 17 TEU + art. 244 - 250 TFEU)  The EU’s dual executive Today’s topics  The executive branch in the EU  Role, composition and functioning of the European Council  Role composition and functioning of the European Commission  Who leads the European Union? The European Council and the Council  Art. 10(2) TEU: Member States are represented in the European Council by their Heads of State or Government and in the Council by their governments, themselves democratically accountable either to their national Parliaments, or to their citizens.  Different institutions (covered by different Treaty provisions)  Different composition  Different roles / tasks  Not to be confused with the Council of Europe Composition of the European Council  Art. 15(2): The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work. Role of the European Council as defined in the Treaties  General: Art. 15(1) TEU: The European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof. It shall not exercise legislative functions.  Specific role in the CFSP (Title V TEU) and AFSJ (art. 68 TFEU)  Specifcially defined tasks / powers with regard to appointments, treaty amendment, institutional arrangements European Council membership Heads of state or government are members of the European Council (an institution of the EU) Dual role for heads of state or government National elections determine European Council membership Political and constitutional consequences at national level Role of the European Council – historical context  Not in the EEC Treaty, but created in 1974 by common agreement among the heads  Why?  Centre of political authority needed, to give political direction, to find a common response to internal and external crises / challenges, to take decisions on matters that could not be solved at lower level (i.e., the Council) Role of the European Council – historical context  Key role played by the European Council in enlargement, international relations, treaty amendments, major new initiatives, finding crucial compromises, dealing with crises  Formal inclusion of the European Council in the EU’s institutional framework only since the Lisbon Treaty Role of the European Council in fact  The European Council’s factual role is still much more siginifcant than described in the Treaties  Cf. national constitutions (political executive institutions generally the least defined legally) Role of the European Council in the last decade More politically sensitive matters (e.g. migration). Multiple crises / challenges (e.g. Euro crisis; now Ukraine). Number of meetings increased Increased visibility of the European Council and membership thereof Europeanization of national politics The permanent President of the European Council  Since the Lisbon Treaty  Elected by the members  Term in office 2,5 years, renewable once  Sets the agenda and chairs meetings  External representation  Internal cohesion, facilitating consensus  Presents a report to the European Parliament after each meeting Decision-making in the European Council  Frequency of meetings (art. 15(3) TEU twice every six months, in practice more often)  Conclusions adopted after each meeting (reflection of main agenda points discussed, political decisions taken and priorities set, statements / declarations made)  Adopted by consensus (art. 15(4) TEU)  Conclusions not legally binding but factually they are considered as such Decision-making in the European Council  Other types of decisions?  No legislative functions (art. 15(1) TEU)  But: power to take several legally binding decisions on the basis of specific Treaty provisions, e.g. appointment of the High Representative (see art. 18(1) TEU)  For such decisions, the President of the European Council and the President of the Commission shall not take part in a vote (art. 235(1) TFEU) Decision-making beyond the European Council meetings  Informal meetings of the heads of state or government (to have exchanges of views)  Informal contacts between individual members or with the cabinet of the European Council’s president  Franco – German relations Today’s topics  The executive branch in the EU  Role, composition and functioning of the European Council  Role composition and functioning of the European Commission  Who leads the European Union? The European Commission Original institution (already present as ‘High Authority’ in the ECSC Treaty) Represents the ‘general interest of the Union’ (17(1) TEU) Independent body (17(3) TEU) Consisting of commissioners and a president Each commissioner has a portfolio (e.g. competition, energy) with a Directorate- general (civil servants) The European Commission – tasks and responsibilities Art. 17(1) TEU:  Promote the general interest of the Union  Ensure and oversee the application of EU law (by the member states)  External representation of the EU (e.g. negotiating trade agreements)  Budgetary and management functions (EU funds)  Other (coordinating) functions laid down in the Treaties The European Commission – tasks and responsibilities Art. 17(2) TEU: Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise. Other acts shall be adopted on the basis of a Commission proposal where the Treaties so provide. Right of initiative The European Commission – tasks and responsibilities  Right of initiative in practice  The content and timing of an initiative from the Commission can often be traced back to conclusions of the European Council  The European Council in its conclusions often makes specific requests to the European Commission to make use of its right of initiative The European Commission One member of the Commission per member state (27 in total) Originally 2 commissioners for the large member states Initiatives to limit the size of the Commission so far to no avail (art. 17(5) TEU effectively set aside) Difficult to create for each Commissioner a relevant portfolio The European Commission Term in office 5 years (aligned with electoral calendar of the European Parliament) MS decide who they want to suggest as ‘their’ Commission member Hearings with candidate members before the European Parliament Vote of consent from the Parliament for the Commission as a body (on that basis appointed by the European Council) Commission as a body responsible to the Parliament; the EP can send home the whole Commission but not individual commissioners (Art. 17(8) TEU) The European Commission ‘Special’ members:  Most Commissioners are just that; some are also Vice-President and some are also Executive Vice-President (appointed as such by the Commission President)  The High Representative of the Union for Foreign Affairs and Security Policy (Vice- President of the Commission, art. 18(4) TEU)  The President The European Commission President  Internal role (art. 17(6) TEU)  External role: representing the Commission (before the EP) and representing the Union  Member of the European Council  After the EP elections, the European Council proposes a candidate for Commission President to the EP; the EP has to elect this candidate (art. 17(7) TEU) Today’s topics  The executive branch in the EU  Role, composition and functioning of the European Council  Role composition and functioning of the European Commission  Who leads the European Union? The EU’s dual executive  The European Council leads the European Union…  But the Commission is also important  Relations between the European Council and the Commission?  European Council has the political authority, European Commission has the right of initiative and a lot of (technical) expertise  If they stick to what they can do best, then this is a very strong and fruitful relationship  Example? The EU and Corona A coordinated approach to purchase vaccins (initiated by the Commission) The EU and Corona  A recovery plan for Europe (later branded as NextGenerationEU)  Political agreement reached by the European Council in July 2020 and December 2020  750 Billion in loans and grants (in addition to regular MFF) for member states  Conditions attached (incl. Rule of Law)  Commission an important role in monitoring the Rule of Law conditions and managing the NGEU funds  Commission took the nececessary legislative initiatives to implement the political agreement reached by the European Council  What’s next? Tuesday and Wednesday: workshops (see MyTimeTable) Workshop instructions: bring a copy of the Treaties + consult the materials for week 2 + read the Conclusions of the European Council meeting of 14 and 15 December 2023 (link available via Brightspace) Next week: Spring break Mon 26 Feb lecture 3; Tue 27 + Wed 28 Feb workshop 3