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Lecture Notes

The document discusses the institutional framework and political institutions of the European Union. It outlines the origins and evolution of the EU through various treaties. It then examines key concepts of democracy in the EU like representative democracy, participatory democracy, and the role of national parliaments. It also discusses the separation of powers and key EU institutions like the European Commission, Council of the European Union, and their roles and functions.

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0% found this document useful (0 votes)
51 views4 pages

Lecture Notes

The document discusses the institutional framework and political institutions of the European Union. It outlines the origins and evolution of the EU through various treaties. It then examines key concepts of democracy in the EU like representative democracy, participatory democracy, and the role of national parliaments. It also discusses the separation of powers and key EU institutions like the European Commission, Council of the European Union, and their roles and functions.

Uploaded by

miah16
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Who runs Europe?

Institutional Framework and Political Institutions

Background to the European Union

- In 1946, Churchill made speech calling for a creation of a United States


of Europe.
- EU is an international organisation made up of 27 Member States.
- It began in the 50’s with the creation of:
1. The European Coal and Steel Community (Treaty of Paris/Treaty
Establishing the ECSC 1951)
2. The European Atomic Energy Community (Treaty of Rome/Eurotom
Treaty 1957)
3. The European Economic Community (treaty of Rome/treaty Establishing
the EEC 1957)
- Originally 6 Member States and the idea was to put together the natural
resources of all States – France, Germany, Italy and Benelux (Belgium,
Luxembourg and Netherlands)
- Primary purpose of the EEC was the establishment of a single or internal
market.

The Treaties have been revised many times:


- The Treaty on EU 1992/Maastricht Treaty established the EU based on
3 pillars:
1. The European Communities
2. Common Foreign and Security Policy
3. Justice and Home Affairs. – Schengen
- The Lisbon Treaty/EU Reform Treaty 2007 merged these 3 pillars and since
Lisbon, the treaties that form the constitution of the EU are:
- the Treaty on the Functioning of the European Union
(TFEU)
- the Treaty on European Union (TEU) (plus the Charter
of Fundamental Rights of the EU)

The EU has often been criticised for lacking democracy (crisis of democratic
legitimacy of the EU) therefore the concept of democracy in the EU is
emphasised in:
- ARTICLE 10 TEU – ‘Representative democracy’ – Citizens are directly
represented and Member States are represented
- ARTICLE 11 TEU – ‘Participatory democracy’ – Open, transparent, and
regular dialogue between those who apply EU law and those who create
EU law. Opportunity to make views known to the constitution.
- ARTICLE 12 TEU – Role of national parliaments – Not direct democracy.
Someone is voted into the national parliament and then national
parliament has influence on the legislative process at EU law level.

Representative Democracy (Article 10 TEU)


‘The functioning of the Union shall be founded on representative democracy.’
- Citizens are directly represented at Union level in European Parliament.
Citizens vote directly for the MEP’s.
- Member States are represented in European Council by Heads of State
or Government.
- Member States represented in Council by their Governments.
- ‘Decisions shall be taken as openly and as closely as possible to the
citizen.’
Participatory Democracy (Article 11 TEU)
‘The institutions shall [….] give citizens and representatives associations the
opportunity to make known and publicly exchange their views in all areas of
Union action.’ – Information is public and accessible.
- The institutions shall maintain an open, transparent, and regular dialogue
with representative associations and civil society.
- The Commission shall carry out broad consultations with the parties
concerned. The legislative process begins with a commission. The
institution that begins the process must have knowledge of citizen’s views
before the process starts.
Role of National Parliaments (Article 12 TEU)
‘National Parliaments contribute actively to the good functioning of the Union’
by:
- Having draft EU legislation sent to them
- Assessing that ‘subsidiarity’ is respected – The decision that is taken is
the closest to the citizen.
- Taking part in inter-parliamentary co-operation between national
parliaments and with the European Parliament.

Separation of Powers
Separation of powers (to exercise EU ‘competences’)
- Types of powers:
1. Three classical powers – Executive (usually Cabinet of Ministers),
Legislative (Parliament(s) and Judicial (Set of Courts)
2. Two additional powers – External (power to sign and ratify treaties, to
collaborate with other States) and Financial.
In EU there is a combination of powers, Commission and National Parliament are
involved in the legislative process etc. Many bodies have the same powers. There
is some form of SoP but it is not clear-cut.

Institutions
- European Central Bank – NOT RELEVANT
- European Parliament
- Council
- European Commission
- Court of Justice of the European Union
- Court of Auditors – NOT RELEVANT
- European Council

European Commission
The ‘powerhouse’ of the EU.
- There are 27 members – one from each State – ARTICLE 17 TEU
- They must be independent of the Commissioner – ARTICLES 17(3) TEU
AND 245 TFEU
- Collegiate body - an institution in which the decisions are taken not
arbitrarily by the head of the institution.

Appointment and Removal of the Commission


- President nominated by qualified majority voting by the European Council
– ARTICLE 17(7) TEU- subject to approval by the European Parliament.
- Other members nominated by the President-elect and the European
Council
- Whole Commission subject to the approval of the European Parliament
- Removal by vote of censure by the European parliament – ARTICLES
17(8) TEU AND 234 TFEU
- Commission and Council can seize CJEU to retire a Commissioner –
ARTICLE 247 TFEU
- President of Commission can ask Commissioner to resign – ARTICLE 17
TFEU, see Dalli)
This shows how the European Parliament can hold the Commission accountable.

Role of the Commission


 Formulates and proposes policy initiatives and legislative proposals – the
Commission is the body that initiates the legislative procedure.
 Ensures the correct application of the treaty and other measures
(infringement procedure, seizure of the CJEU) – Commission can begin
infringement procedure if States are not complying with EU law.
 Limited powers of independent decision-making (delegated and
implemented acts under Articles 290 and 291 TFEU) – Delegated is when
European Parliament has asked Commission to do something and
implementing act is when the Commission has been given a task and has to
carry it out.
 Represents the EU outside – it is the Commission that is sent to negotiate
treaties. The EU is a party to the World Trade Organisation; the
Commission does the talking.
 Manages and implements the budget of the EU.

Council of the European Union


- The composition of the Council is made up of representative ministers of
Member States who commit his/her government – ARTICLE 16(2) TEU
- Different representatives sent into the Council based on subject matter
to be discussed – ARTICLE 16(6) TEU
- Presidency of Council – ARTICLE 236 TFEU
- The Presidency rotates every 6 months and this goes in alphabetical
order.
- Every 6 months one of the States of the EU becomes a president and
this is an opportunity for States to put on the agenda issues that are
specific to that country.

Functions of the Council


Key functions are legislative and budgetary functions but other functions
include:
- Co-ordination of Member States’ economic policies
- The conclusion of international agreements
- The adoption of decisions relating to the Common Foreign and Security
- Policy and the field of justice and criminal matters
Assisted by the COREPER (Committee of Permanent Representatives)
(ARTICLES 16(7) TEU AND 240 TFEU)
- Auxiliary body (Case C-25/94 Commission v Council) – Does not exist in
the treaties. Acts like a sort of personal assistant.
- Composition (Article 16(7) TFEU)
- Role

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