EU LEGAL INSTITUTIONS
European Union
❑ European Union (EU), international organization comprising 27
European countries and governing common economic, social, and
security policies.
❑ The EU’s members are Austria, Belgium, Bulgaria, Croatia, Cyprus,
the CzechRepublic, Denmark, Estonia, Finland, France, Germany, Gre
ece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
theNetherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain,
and Sweden.
❑ The United Kingdom, which had been a founding member of the EU,
left the organization in 2020.
EUROPEAN UNION
❑ The EU was created by the Maastricht Treaty, which entered
into force on November 1, 1993. The treaty was designed
to enhance European political and economic integration by
creating a single currency (the euro), a unified foreign and
security policy, and common citizenship rights and by advancing
cooperation in the areas of immigration, asylum, and judicial
affairs.
❑ The EU was awarded the Nobel Prize for Peace in 2012, in
recognition of the organization’s efforts to promote peace
and democracy in Europe.
EU
❑ The United Kingdom joined the European Economic Community (now the
European Union) on 1 January 1973.
❑ The European Economic Community (EEC) had been created by the Treaty
of Rome in 1957, a consequence of 11 years of negotiations to reconstruct
the European continent after World War II. Its objective was to establish a
common market among the founding Member States — Germany, France,
Belgium, Italy, Luxembourg and the Netherlands — as a means of ensuring
economic stability and closer relations.
❑ Four institutions responsible for its operation were set up: the
Commission, the Council (of Ministers), the Assembly (now the European
Parliament) and the European Court of Justice.
SEA
❑ Since the late 1980s there has been a gradual increase in the
competences transferred by Member States to the European
Union and considerable reform in the way it operates.
❑ In 1987 the Single European Act aimed to speed up the
completion of the internal market by introducing qualified
majority voting instead of unanimity where each Member State
has a veto for Council decisions on internal market measures.
❑ It also established a legal basis for the European Council (twice
yearly meetings of EU heads of states and foreign ministers),
which had previously met informally; and the seeds of
cooperation in economic and monetary policy and foreign
policy.
Treaty on European Union
❑ In 1993 the European Union (EU) introduced a pillar system to
its structure.
❑ The European Community replaced the EEC and became the
first pillar of the EU. Under this pillar, ‘economic and
monetary union’ was established, which would lead to the
adoption of the euro in 2002.
❑ The second pillar was entitled the Common Foreign and
Security Policy, which laid down the EU’s role in foreign
affairs.
❑ The third was Justice and Home Affairs, which covered
immigration, asylum, judicial cooperation in civil matters and
police and judicial co-operation in criminal matters.
THEATY of LISBON
❑ On 1 December 2009 the EC along with the pillar system of the EU was
abolished when the Treaty of Lisbon came into force.
❑ The EU is now responsible for all former EC policies, as well as the Common
Foreign and Security Policy and Justice and Home Affairs. It is only the
Common Foreign and Security Policy, which now formally includes a
Common Security and Defence Policy, which remains intergovernmental.
❑ The Treaty of Lisbon has strengthened the EU’s role in developing human
rights norms by making the Charter of Fundamental Rights of the European
Union, which includes economic and social rights, legally binding and by
committing the EU to accede to the European Convention on Human Rights.
The Treaty has also changed much of the EU’s legislative and procedural
nomenclature to take account of the reforms it introduced.
Membership
❑ There has been a gradual enlargement of the membership of
the European Union (EU), which currently stands at 28 Member
States.
❑ The six founder members of the EEC were joined in 1973 by
Denmark, Ireland and the United Kingdom, in 1981 by Greece,
in 1986 by Spain and Portugal, in 1995 by Austria, Sweden and
Finland, in 2004 by Cyprus, Malta, Hungary, Poland, Slovakia,
Latvia, Estonia, Lithuania, the Czech Republic and Slovenia, and
in 2007 by Bulgaria and Romania. Croatia joined on 1 July 2013.
❑ Albania, Iceland, Montenegro, Serbia, The Former Yugoslav
Republic of Macedonia and Turkey are candidate countries.
Bosnia Herzegovina and Kosovo, under UN Security Council
Resolution 1244, are potential candidate countries.
BREXIT
❑UK is the only country who left UE in 2020.
❑Whether it was successful or not?
❑https://www.youtube.com/watch?v=x-
7rDYo3FR4
Institutions of the European Union
The institutions of the European Union are the seven
principal decision-making bodies of the European Union and
the Euratom. They are, as listed in Article 13 of the Treaty on
European Union:
❑ the European Parliament
❑ the European Council (of heads of state or government),
❑ the Council of the European Union (of state ministers, a
council for each area of responsibility)
❑ the European Commission
❑ the Court of Justice of the European Union
❑ the European Central Bank and
❑ the European Court of Auditors.
The European Parliament
❑ Role: Directly-elected EU body with legislative,
supervisory, and budgetary responsibilities
❑ Members: 705 Members of the European Parliament
❑ President: Roberta Metsola
❑ Established in: 1952 as Common Assembly of the
European Coal and Steel Community, 1962 as European
Parliament, first direct elections in 1979
❑ Location: Strasbourg (France), Brussels (Belgium),
Luxembourg
❑ The European Parliament is the EU's law-making body.
It is directly elected by EU voters every 5 years.
The European Parliament
Functions:
❑ Legislative
- Passing EU laws, together with the Council of EU, based on European
Commission proposals
- Deciding on international agreements
- Reviewing the Commission’s work program and asking it to propose
legislation
❑ Supervisory
❑ Electing the Commission President and approving the Commission as
a body. Possibility of voting a motion of censure, obliging the
Commission to resign.
❑ Approving the way EU budgets have been spent
❑ Examining citizens' petitions and setting up inquiries
❑ Discussing monetary policy with the European Central Bank
❑ Budgetary
❑ Establishing the EU budget, together with the Council
❑ Approving the EU's long-term budget, the "Multiannual Financial
Framework"
The European Council
❑ The European Council Under the Treaty of Lisbon, became a formal institution
of the EU.
❑ It is the highest-level decision-making forum in the EU, consisting of the heads
of state or government of the Member States, together with its President and the
President of the Commission.
❑ The European Council is tasked with giving the EU its ultimate political
direction, which it does by adopting ‘conclusions’ at the end of its meetings. It is
also the EU’s highest-level problem-solving forum when ministerial Councils
have failed to agree. It does not, however, exercise any legislative functions. It
submits a report to the European Parliament after each of its meetings and a
yearly written report to the European Parliament on the progress achieved by the
EU.
Council of the European Union
❑ Role: Voice of EU member governments, adopting EU laws and
coordinating EU policies
❑ Members: Government ministers from each EU country, according to the
policy area to be discussed
❑ President: Each EU country holds the presidency on a 6-month rotating
basis
❑ Established in: 1958 (as Council of the European Economic Community)
❑ Location: Brussels (Belgium)
❑ In the Council of the EU, informally also known as the
Council, government ministers from each EU country meet to discuss,
amend and adopt laws, and coordinate policies. The ministers have the
authority to commit their governments to the actions agreed on in the
meetings.
❑ Together with the European Parliament the Council is the main decision-
making body of the EU.
Council of the European Union
Functions:
❑ negotiates and adopts EU laws, together with the
European Parliament, based on proposals from the
European Commission
❑ coordinates EU countries' policies
❑ develops the EU's foreign & security policy, based on
European Council guidelines
❑ concludes agreements between the EU and other countries
or international organisations
❑ adopts the annual EU budget - jointly with the European
Parliament
The European Commission
❑ The European Commission is described as the executive of the EU:
within the competences laid down by the EU Treaties it proposes
legislation and implements policy.
❑ There are 27 members, known as Commissioners — one from each
Member State.
❑ In 2019, Ursula von der Leyen was appointed as President of the
European Commission. The headquarters of the Commission is in
Brussels. The Treaty of Lisbon introduced changes to the procedures
for appointment of the Commission to make it more accountable to
the European public.
❑ First, the intended President of the Commission is proposed by the
European Council acting by a qualified majority.
EU Commission
❑ Next a list of Commissioners is proposed by the Council ‘by common
accord’ with the President-elect.
❑ European Union Institutions and Legislation Department of Chamber and
Committee Services proposed Commissioners are subject as a body to a
vote of consent by the European Parliament.
❑ And finally, following parliamentary approval, the European Council
appoints the Commission by qualified majority.
❑ Only Member State nationals are eligible to be appointed as
Commissioners, and the term of office is a renewable five-year period.
❑ Commissioners are required to be completely independent, and can
neither seek nor take instructions from governments or other bodies.
EU Commission functions
EU policy-making
The Commission is the engine of the EU. It has significant powers of
legislative initiative:
❑ in most policy areas the Council and European Parliament normally
legislate on a Commission proposal.
❑ Each Autumn, the President outlines the Commission’s priorities and
strategic objectives in the ‘State of the European Union’ address. The Work
Programme is adopted shortly after which expands on the priorities and
sets out a detailed agenda for the year ahead.
❑ In very few cases the Commission has its own power to take binding
decisions or to adopt EU legislation on its own initiative.
EU Commission functions
Treaty guardianship
❑ As important as its policy role is monitoring compliance with the
EU Treaties.
❑ The Commission brings proceedings in the Court of Justice
against Member States for breach of their obligations under the
EU Treaties or EU Regulations, Directives or Decisions.
❑ Less often it brings proceedings against other EU institutions for
breach of the EU Treaties. In some fields, notably competition,
the Commission also has power to initiate proceedings against
companies and individuals.
Court of Justice of the European Union
❑ The Court of Justice of the European Union (CJEU) is the
judicial branch of the European Union (EU). Seated in the
Kirchberg quarter of Luxembourg City, Luxembourg.
❑ The CJEU is the chief judicial authority of the European Union
and oversees the uniform application and interpretation of
European Union law, in co-operation with the national judiciary
of the member states.
❑ The CJEU also resolves legal disputes between national
governments and EU institutions, and may take action against
EU institutions on behalf of individuals, companies or
organisations whose rights have been infringed.
Court of Justice of the European Union
The CJEU consists of two major courts:
❑ The Court of Justice, informally known as European Court of
Justice (ECJ), which hears applications from national courts for
preliminary rulings, annulment and appeals. It consists of one judge
from each EU member country, as well as 11 advocates general.
❑ The General Court, which hears applications for annulment from
individuals, companies and, less commonly, national governments
(focusing on competition law, state aid, trade, agriculture and trade
marks). ClientEarth v. European Investment Bank
❑ Since 2020 the court is composed of 54 judges.
Court of Justice of the European Union
The CJEU's specific mission is to ensure that "the law is
observed" "in the interpretation and application" of the Treaties of
the European Union. To achieve this, it:
❑ reviews the legality of actions taken by the EU's institutions;
❑ enforces compliance by member states with their obligations
under the Treaties, and
❑ interprets European Union Law.
❑ https://www.youtube.com/watch?v=ynJOIhn9GCw
European Central Bank
❑ The European Central Bank (ECB) is the prime component of the
Eurosystem and the European System of Central Banks (ESCB) as well as
one of seven Institutions of the European Union. It is one of the
world's most important central banks.
❑ The ECB Governing Council makes monetary policy for the Eurozone and
the European Union, administers the foreign exchange reserves of EU
member states, engages in foreign exchange operations, and defines the
intermediate monetary objectives and key interest rate of the EU. The ECB
Executive Board enforces the policies and decisions of the Governing
Council, and may direct the national central banks when doing so.
❑ The ECB has the exclusive right to authorise the issuance of euro
banknotes. Member states can issue euro coins, but the volume must be
approved by the ECB beforehand.
https://www.youtube.com/watch?v=ts2XEJFf1gA
European Central Bank
❑ The ECB was established by the Treaty of Amsterdam in May 1999 with the
purpose of guaranteeing and maintaining price stability.
❑ On 1 December 2009, the Treaty of Lisbon became effective and the bank
gained the official status of an EU Institution. When the ECB was created, it
covered a Eurozone of eleven members. Since then, Greece joined in January
2001, Slovenia in January 2007, Cyprus and Malta in January 2008, Slovakia
in January 2009, Estonia in January 2011, Latvia in January 2014, Lithuania in
January 2015 and Croatia in January 2023.
❑ As of 2024, there are 20 EU member states in the eurozone
❑ The current President of ECB is Christine Lagarde. Seated in Frankfurt,
Germany.
❑ The ECB is directly governed by European Union law. Its capital stock, worth
€11 billion, is owned by all 27 central banks of the EU member states
as shareholders.
European Court of Auditors
❑ It was established in 1975 in Luxembourg in order to improve EU financial
management. It has 27 members (one from each EU member-state)
supported by approximately 800 civil servants.
❑ The ECA is composed of one member from each EU Member State, each
of whom is appointed unanimously by the Council of the European
Union for a renewable term of six years.
❑ As the body is independent, its members are free to decide their own
organisation and rules of procedure, although these must be ratified by the
Council of the European Union.
European Court of Auditors
Functions
❑ Despite its name, the ECA has no jurisdictional functions. It is
rather a professional external investigatory audit agency. The
primary role of the ECA is to externally check if the budget of
the European Union has been implemented correctly and that
EU funds have been spent legally and with sound
management.
❑ The ECA checks the paperwork of all persons handling any
income or expenditure of the Union and carries out spot
checks.
❑ The ECA is bound to report any problems in its reports for the
attention of the EU's Member States and institutions, these
reports include its general and specific annual reports, as well
as special reports on its performance audits
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