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Understanding EU Political Institutions

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)
38 views4 pages

Understanding EU Political Institutions

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
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

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

Common questions

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Beyond legislative initiation, the European Commission exerts influence by ensuring correct treaty application, which includes commencing infringement procedures against non-compliant member states. It holds limited independent decision-making powers through delegated and implementing acts. The Commission also represents the EU in international forums and negotiations, such as trade talks within the World Trade Organization. Additionally, it manages and implements the EU budget, exerting financial oversight and control over EU resources .

The rotating presidency of the Council of the European Union, which changes every six months in alphabetical order, allows each member state to influence the EU agenda by prioritizing issues that are important to them. This rotation provides an opportunity for each state to highlight specific national interests and drive forward topics they consider significant, thus ensuring a diverse range of issues are addressed over time across the EU. This mechanism not only ensures equitable participation among member states but also maintains varying strategic focuses within the Union .

Appointment of the European Commission begins with the President, nominated by a qualified majority of the European Council and subject to European Parliament approval. Other Commissioners are nominated by the President-elect and the Council, with the entire Commission subject to parliamentary approval. Accountability is enforced through the power of the European Parliament to pass a motion of censure, effectively removing the Commission. This process emphasizes democratic oversight on supranational governance, showcasing Parliament's role in ensuring that the Commission is not only representative of EU interests but also accountable to democratically elected representatives .

The separation of powers within the EU is not as clear-cut as in typical national governments, due to the intertwining roles of various institutions. The EU exercises three classical powers: executive, legislative, and judicial, alongside two additional powers: external affairs and financial. However, many EU bodies share these powers—such as the European Commission initiating legislation and ensuring treaty compliance, while also partaking in executive functions. Although this combined power can lead to ambiguity in governance, it allows for shared responsibilities and wider representation within decision-making processes. This structure can both promote efficient governance through cooperation and create complexity due to potential overlaps in responsibilities .

The concept of subsidiarity ensures that decisions are made as closely as possible to citizens, requiring that the EU only acts when objectives cannot be sufficiently achieved by member states alone. This influences legislative processes by mandating that proposed EU actions are rigorously examined to determine if they are necessary at the supranational level, thereby justifying circumvention of national legislations. National parliaments play a role in assessing this principle, ensuring that laws respect decisions best handled domestically, thereby enhancing member state involvement in EU lawmaking. This principle maintains a balance between EU-wide initiatives and national sovereignty, fostering local engagement and responsiveness to citizens' needs .

The European Union addresses democratic legitimacy concerns through the principles articulated in Articles 10, 11, and 12 of the Treaty on European Union (TEU). Article 10 emphasizes representative democracy, ensuring direct representation of EU citizens via elections for Members of the European Parliament, and representation of member states in the European Council and Council by government leaders. Article 11 underscores participatory democracy, promoting transparency, public exchange of views, and continued dialogue between citizens, civil society, and EU institutions. Article 12 involves national parliaments in legislative processes, thereby enhancing subsidiarity and engaging citizens at both national and Union levels .

The Committee of Permanent Representatives (COREPER) acts as an auxiliary body that assists the Council of the European Union by preparing its work and ensuring the consistency of its decisions. COREPER is not explicitly mentioned in treaties but functions as a key coordinator, operating like a personal assistant to handle practical aspects of the Council's legislative and policy decision-making processes. Through its role, COREPER facilitates efficient negotiation and implementation of policies among member state representatives, supporting the EU's legislative efficiency and coherence .

The Maastricht Treaty established the European Union, underpinning it with three foundational pillars: the European Communities, the Common Foreign and Security Policy, and Justice and Home Affairs. This framework set a new direction for comprehensive political and economic integration. The Lisbon Treaty later streamlined EU's constitutional structure by merging these pillars, enhancing legal coherence and institutional efficiency. It introduced democratic processes such as citizens' initiatives and reinforced the role of the European Parliament, leading to improved accountability. These treaties collectively shape the EU's institutional effectiveness and adaptability to contemporary challenges, serving as a basis for continuous political and economic integration .

Winston Churchill was influential in the inception of the European Union through his speech in 1946 where he called for the creation of a 'United States of Europe'. This vision laid the groundwork for the formation of international cooperation in Europe, initially realized through the establishment of organizations such as the European Coal and Steel Community in 1951 and the European Economic Community in 1957. The primary goal for the establishment of these communities was to integrate the natural resources and markets of member states, aiming to create a seamless internal market and promote economic collaboration across Europe .

National parliaments contribute to EU legislative processes by reviewing draft EU legislation and ensuring decisions respect the principle of subsidiarity, meaning decisions are made as close to citizens as possible. They participate in inter-parliamentary cooperation with the European Parliament and other national parliaments, which ensures that national concerns are integrated into EU decision-making processes. This contributes to the efficient functioning of the Union and represents a significant channel for citizen engagement in EU governance .

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