Principles Governing EU Institutions - Lecture 3 PDF

European Union Law Law 1024 Dublin City University – School of Law and Government Lecture 3: Principles governing the functioning of EU Institutions Part 2 – Principles governing the functioning of the institutions The principle of institutional balance The p...

European Union Law Law 1024 Dublin City University – School of Law and Government Lecture 3: Principles governing the functioning of EU Institutions Part 2 – Principles governing the functioning of the institutions The principle of institutional balance The principle of institutional independence The principle of mutual sincere cooperation The principle of transparency Article 13(2) TEU ‘Each institution shall act within the limits of the powers conferred on it in the Treaties, and in conformity with the procedures, conditions and objectives set out in them. The institutions shall practice mutual sincere cooperation.’ The principle of institutional balance  Structural principle  ‘…[T]he balance of powers which is characteristic of the institutional structure of the Community’ Judgments of the Court of 13 June 1958, Meroni, 9/56 and 10/56 (ECLI:EU:C:1958:7 and ECLI:EU:C:1958:8) * ECLI: European Case Law Identifier  Two requirements  Acting within the limits of the powers conferred by the Treaties  Exercising powers with due regard to the powers of other institutions The principle of institutional balance  Example:  The powers of the European Parliament  Judgments of the Court of 29 October 1980, Roquette Frères and Maizena (Isoglucose), 138/79 (EU:C:1980:249) and 139/79 (EU:C:1980:250). See: para. 33 (Roquette Frères) and para. 34 (Maizena).  The Treaty allows “…the Parliament to play an actual part in the legislative process of the Community. Such power represents an essential factor in the institutional balance intend- ed by the Treaty. Although limited, it reflects at Community level the fundamental democratic principle that the peoples should take part in the exercise of power through the intermediary of a representative assembly.” - para. 34 (Maizena). Judgment of the Court of 22 May 1990, Parliament v Council (Chernobyl), C-70/88 (EU:C:1990:217) ‘Observance of the institutional balance means that each of the institutions must exercise its powers with due regard for the powers of the other institutions. It also requires that it should be possible to penalize any breach of that rule which may occur’. (Chernobyl, para. 22). The principle of institutional independence Prohibition on EU institutions to take measures which may interfere with the internal functioning of the institutions of the EU as a result of the principle of institutional/organisational independence. Judgment of the Court of 15 September 1981, Lord Bruce of Donington, 208/80 (EU:C:1981:194) The principle of mutual sincere cooperation  Article 13(2) TEU  The practice of interinstitutional agreements (article 295 TFEU)  Interinstitutional agreements regulate certain aspects of consultation and cooperation between the EU institutions and are the product of a consensus between them  Judgment of the Court of 14 April 2015, Council v Commission, C-409/13 (EU:C:2015:217)  A Commission’s decision to withdraw its legislative proposal does not automatically infringe the principle of mutual sincere cooperation The principle of transparency  Article 10 TEU states that open decision-making is carried out ‘as closely as possible to the citizen’  Article 11 TEU: both individuals and representative associations should have the opportunity to ‘make known and publicly exchange their views in all areas of Union action’.  Right to access to documents of Union institutions: Article 15(3) TFEU  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents  Judgment of the Court of 18 July 2017, Breyer, C-213/15 P (EU:C:2017:563)  Right to have access to written submissions of a Member State that are in possession of the Commission relating to infringement proceedings brought against that Member State before the CJEU