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Summary European Knowledge Economic and Legal structure of the EU

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An overview from block 2 of European Studies about economic and the legal structure of the EU. this book is based on The readings out of The Politics of The European Union by Herman Lelieveldt and Sebastiaan Princen 3rd edition, and European Union Politics by John McCormick 3rd edition.

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EU Block 2
Public Policy
Can be defined as whatever governments do to address the needs and
problems of society. It can be found formally in public statements, government
programs, laws and emergency actions. It can also be found informally in inertia
and avoidance. If it was limited to the formal powers of governments and its
published objectives, it could be influenced by opportunism, the ebb and flow
of political and public interest in policy issues.

At EU level the challenges are compounded by the difficulty of pinning down
the dynamics of the EU as a political system.

Public policy describes whatever governments do to address society’s needs. It
takes form pf platforms, programs, public statements and laws but is often also
driven by crises and opportunities. Formally, policymaking in the EU is driven by
a combination of primary, secondary and tertiary rules, but there are many
informal pressures as well.
One approach is to see policy as a cycle, beginning with the setting of agenda
and moving through formulation, adoption and implementation and evaluation.

EU policy, like all democratic policymaking, is driven by bargaining and the
search for compromise, political games among interested parties, elitism and
incremental rather than radical change. Policymaking in the EU also has several
unique features, including differentiated integration, spillover and the
democratic deficit.
The EU budget is small, yet it has been the subject of political squabbles over
the years. These have abated since an agreement to replace annual budgets
with multiyear budget packages. Most revenues ome from national
contributions from the member states, and most spending goes to cohesion,
agriculture and the single market.

Agenda setting -> The process by which the list of problems and issues
that require a public response is developed and agreed.

New laws and policies can’t be adopted without an agreement that a need or a
problem exists, which in turn means engaging in agenda-setting. The content
of the public agenda will be driven by numerous forces and pressures, including
economic and social conditions, political leadership, the competing
perspectives of political parties and governments. Some issues like taxes and
employment are perpetual, because they affect most people, while others are
more transient and will come and go.
In the EU, the European Council sets the broad political agenda by looking at
strategic issues relating to the direction of European integration. Formally the
Council is influenced and limited by treaty obligations, the pressures to

,harmonize national laws and policies in the interest of integration. The
obligations of international law and pressures that spark new laws and policies
out of requirements or assumptions built into existing laws. Informally, it will be
influenced by policy evolution. The redefinition of policy responses in light
of evolving needs, changing levels of public interest, new political and
economic pressures and improved understanding.

The policy cycle
Agenda setting -> Formulation -> Adoption ->
Legitimation -> Implementation -> Evaluation ->
European Council European Commission Council of the Ministers European
Court of Justice European Commission All involved in
European Parliament
member states some fashion


Open methode of coordination, -> a procedure by which EU member states
are encouraged to cooperate and agree on voluntary action in policy areas
where the EU institutions have limited formal competence.

How would you define (public) policy? Public policy is a set of
institutionalized decisions, rules, and actions adopted by governmental
authorities to address a societal problem or achieve a public goal.

Which phases form the (EU) policy cycle? The main phases are agenda
setting, policy formulation, decision-making (adoption), implementation,
and evaluation

Which institutions play a role, in every phase? The core institutions of the
European Commission, the Council of the European Union, and the
European Parliament play critical and overlapping roles across all phases,
from initiation to oversight.

How does the 'holy triangle' from 1.1 relate to the model of the policy
cycle? The 'holy triangle' comprises the key institutional actors
(Commission, Council, Parliament) that divide the functional roles
(proposing, deciding, executing/implementing) needed to move a policy
through the decision-making and implementation stages of the cycle.

European Commission -> Proposes legislation, guardian of treaties, manages
EU budget, executes policies, represents EU internationally. Ursula von der
Leyen

Council of the European Union -> Adopts laws with Parliament, coordinates
national policies, approves budget, concludes international agreements,
represents national governments. One Government Minister from each of the
27 Member States

,European Parliament -> Adopts laws with Council, approves EU budget,
democratic oversight of Commission, elects Commission President,
represents EU citizens. Roberta Metsola

European Council -> Defines political priorities/direction, resolves major
crises, appoints key leaders (Commission President), no legislative power,
Heads of State/Government meet.The Heads of State or Government +
António Costa

The G7 -> the seven major industrialized economies that meet once a year.

Competence is the term for authority or legal power of the EU to act. It
describes the areas in which the EU is responsible, such as trade, education, or
employment.

Guiding Fundamental Principles of EU Action

The EU's actions are governed by fundamental principles, including:

. Conferred Powers/Principle of Conferral: The EU can only act within
the limits of the competences that the Member States have conferred
upon it in the Treaties. Competences not conferred are reserved to the
Member States (similar to the 10th Amendment of the US
Constitution).
. Subsidiarity/Principle of Subsidiarity:(Article 5 TUE): By this
principle, the EU can only act in areas of shared competence if the
action needed cannot be better taken by the Member States at a lower
level (national, regional, or local). It ensures decisions are taken as
closely as possible to the citizen.
. Proportionality/Principle of Proportionality: This principle requires
that the EU's action must not go beyond what is necessary to achieve
the objectives of the Treaties. It means the chosen measure must be
the least burdensome necessary.

Whenever there is discussion on possible involvement of the EU in policy-
making, there are three fundamental and principle (=initial) questions to be
asked:
1. Can the EU act?
2. Should the EU act?
3. How (far) should the EU act?

The division of powers is a political challenge, as the growth of the EU's powers
has shifted the relationship between the EU and its Member States.
The EU has accumulated powers through a combination of Treaty changes like
the Lisbon Treaty and the supremacy of EU law applied by the European Court

, of Justice (ECJ).
However, despite the pooling of sovereignty, the Member States retain their
sovereign status in international law. The relationship is complex, making it
difficult to define the exact nature of the Union.

What is a treaty? A treaty is an international agreement concluded between
States that creates legally binding obligations. For the EU, treaties are the
foundational legal basis that establish the Union and define its powers.

TEU = What the EU is and why it exists, 1992 Maastricht Treaty
Lays down the principles of conferral, subsidiarity and proportionality

TFEU= What the EU does and how it does it, Originates from Treaty of Rome
(TEEC) but rename and amended at Lisbon 2009
Establishes the policies and competencies


Which treaties are currently used by the EU? The two core treaties currently
in use (as amended by the Lisbon Treaty) are:
. Treaty on European Union (TEU)
. Treaty on the Functioning of the European Union (TFEU)

What are the three guiding principles of EU governance? What do they
entail?
Conferred Powers: The EU can only act within the powers explicitly granted to it
by the Member States in the Treaties.
Subsidiarity: In shared areas, the EU acts only if the objective cannot be better
achieved at the national/regional level.
Proportionality: EU action must not exceed what is necessary to achieve the
Treaty objectives; it must be the least restrictive measure.

Which questions do the three fundamental principles of EU policy-making
try to answer?
They answer questions about the legitimacy and scale of EU action:
● Conferred Powers: Does the EU have the legal authority to act?
● Subsidiarity: Is it better to act at the EU level than the national level?
● Proportionality: Is the action limited to what is strictly required?

Which types of competences does the EU have?
The EU has three types of competences (powers) defined in the Treaties:
. Exclusive Competence (Only the EU can legislate).
. Shared Competence (Both the EU and Member States can legislate,
but the EU's action takes precedence).
. Supporting/Coordinating/Complementary Competence (The EU
supports national action without harmonizing laws).

The EU does not have a constitution as such, but instead has a body of treaties
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