Institutional
and Substantive
law of the EU
,Week 1: EU Political institutions (10 September 2024) • Empowered to represent the governement (ministers or
Does the classical concept of separation of powers fit to the secretaries of state)
European Union? • Different configurations - 16 (6) TEU Representatives + 236 TFEU
1. Separation of powers → system of checks & balances → • 10 configurations & no hierarchy
executive, judicial and legislative branches • General affairs council - coordination + institutional,
2. Legislative powers in the EU → purely political proces → The administrative and horizental issues
Council & The european Parliament → both maintain a similar
2.1.2 Presidency of the Council (country)
democratic accountability and have a similar selection process
16 (9) + 18 (3) TEU Representatives + 236 TFEU
3. Executive powers in the EU → duality between political and
• Function:
expertise proces → The Commission & European Council
• Organising the sessions
4. (Judicial powers) → purely expertise proces → The Court of
• Determining the topics
Justice of the EU
• Coordinating with commission and Parliament
5. (Structural principles of EU law)
• Rotating presidency - 16 (9) TEU
• 6 months
1. Separation of powers
• Currently hosted by Hungary
• Exception for Foreign Affairs Council: High Representative
for Foreign Affairs
2.1.3 Competences of the council
• Legislative competences:
• Co-legislator in ordinary legislative procedure
• Dominant position in special legislative procedures
• Annual EU budget (16 (1) TEU + 312-316 TFEU)
Why do we need seperation of powers?
• Decisions adopted by:
• To avoid authoritarianism (political balance)
• Simple majority (14 MS)
• To safeguard liberty (Montesquieu)
• Qualified majority (55% of MS, 65% of EU population)
• To promote best rational public decision making (Max Weber)
• Unanimity
• To make sure that different voices are represented (Jürgen
• Executive competences
Habermas)
• Often delegated to the Commission
• To construct a just society (Michaela Hailbronner)
• Limits of the delegation (290-291 TFEU)
What is this fight about? Nomination of the top jobs; the
The Empty Chair Crisis (1965): dispute over the question whether or
Parliament was upset that the Council went behind their backs and
not the EEC should become more supranational (wanted to cancel
did not inform them correctly, the Council in turn said that they
the veto-right per country and France wanted their veto to stay)
weren’t forced to inform the parliament?
• France no longer participated in the meetings of the European
Council, the Council not functioning for 6 months → Luxembourg
“EU top job”
negotiated with France, because they were the president of the
• President of the European Council (Charles Michel)
Council
• President of the European Commission (Ursula von der Leyen)
• High representative of the Union for Foreign Affairs and
2.1.6 Control competences of the Council
Security Policy (Joseph Borrel)
2. Legislative in the EU
2.1 The Council
2.1.1 Functioning of the Council
Article 16 TEU + 237-243 TFEU + Protocol n36
• Composition - 10(2) + 16 (2) TEU
• Representatives of the MS at ministerial level → every
country has a lot of ministeries, the ministers come together
at the Council and represent the wishes of their country
, 2.2 European Parliament • Political legitimation function → elects the president and
2.2.1 Composition of the EUParl approves the college of the European Commission (17 (7) TEU)
• Representatives of Union’s citizens (instead of the peoples of EU • Democratic control function
MS) • Questions (230 TFEU)
• Elected for 5 years (14 (3) TEU) • Inquiry committees (226 TFEU)
• Number of members: varied (14 (2) TEU) • Budgetary discharge (319 TFEU)
• Motion of censure (17 (8) TEU + 234 TFEU)
2.2.2 EUParl Elections • Citizens connection:
• Right to vote and eligibility according to national law • Petitions 24 (2) TEU + 227 TFEU
• ECtHR, Matthews v UK, 1999 → He went to Gibraltar and • Ombudsman: 24 (3) TEU ++ 228 TFEU
wanted to vote eventhough he lives in another country. The • budgetary authority:
UK changed the law and allowed him to vote. • 14 (1) TEU + 314 TFEU: votes the annual budget
• CJEU, Spain v United Kingdom, C-145/04, 2006 → Spain • + 319 TFEU (discharge)
was not happy with the decision and thought the MS should • + 312 (2) TFEU approves the multi-annual financial framework
be able to decide who is allowed to vote. (MFF)
• CJEU, Eman and Sevinger v Den Haag, 2006 → Two people • Appointments
from Aruba wanted to vote for the Netherlands, the Dutch • Nominates the Ombudsman (288 TFEU)
government was not able to justify the reason why they
would discriminate a dutch citizen based on their living
place.
• Council sets the procedure by a unanimous decision (223 TFEU)
• Every EU citizen can vote and stand for elections in another MS
(22(2) TFEU)
• Every 5 years (14(3) TEU) - absolutely fixed term → MS are
flexible to decide on when to hold their elections
Political groups in the previous EP
3. Executive in the EU
3.1 The Commission
3.1.1 Functioning of the Commission
2.2.3 Functioning of the EuParl Seat: Brussels (Protocol n6)
• Seat: Strasbourg (Protocol n6) Composition and appointment of the Commission (17 TEU + 244 TFEU):
• Strasbourg: 12 plenary sessions • Procedure of appointment of President (17 (7), 18 (1) TEU)
• Brussels: sessions of parliamentary committees, offices of 1. European Council with qualified majority proposes a candidate
the deputees to the EuParl (taking into account the results of EP elections)
• Luxembourg: General Secretariat (administration and 2. EuParl elects the candidate with majority of members
translation services) 3. If EuParl rejects, EuCouncil has to present a new candidate
• President: 2.5 years, now: Roberta Metsola within 1 month
• President the sessions (with the help of 14 vice-presidents)
• Signs adopted acts • Procedure of appointing Commissioners (17 (7), 18 (1) TEU)
• Represents the EuParl externally 1. President and the Council adopt jointly the list of cadidates for
Commissioners
2.2.4 Competences of the EUParl 2. Hearings, oral and written questions in the EuParl
• Legislative function 3. EuParl approves the college jointly (President, Commissioners,
• Co-legislator in the ordinary legislative procedure High Representative
• Opinion in the consultation procedure 4. Council nominates the Commission with qualified majortiy
• Veto in the consent procedure
and Substantive
law of the EU
,Week 1: EU Political institutions (10 September 2024) • Empowered to represent the governement (ministers or
Does the classical concept of separation of powers fit to the secretaries of state)
European Union? • Different configurations - 16 (6) TEU Representatives + 236 TFEU
1. Separation of powers → system of checks & balances → • 10 configurations & no hierarchy
executive, judicial and legislative branches • General affairs council - coordination + institutional,
2. Legislative powers in the EU → purely political proces → The administrative and horizental issues
Council & The european Parliament → both maintain a similar
2.1.2 Presidency of the Council (country)
democratic accountability and have a similar selection process
16 (9) + 18 (3) TEU Representatives + 236 TFEU
3. Executive powers in the EU → duality between political and
• Function:
expertise proces → The Commission & European Council
• Organising the sessions
4. (Judicial powers) → purely expertise proces → The Court of
• Determining the topics
Justice of the EU
• Coordinating with commission and Parliament
5. (Structural principles of EU law)
• Rotating presidency - 16 (9) TEU
• 6 months
1. Separation of powers
• Currently hosted by Hungary
• Exception for Foreign Affairs Council: High Representative
for Foreign Affairs
2.1.3 Competences of the council
• Legislative competences:
• Co-legislator in ordinary legislative procedure
• Dominant position in special legislative procedures
• Annual EU budget (16 (1) TEU + 312-316 TFEU)
Why do we need seperation of powers?
• Decisions adopted by:
• To avoid authoritarianism (political balance)
• Simple majority (14 MS)
• To safeguard liberty (Montesquieu)
• Qualified majority (55% of MS, 65% of EU population)
• To promote best rational public decision making (Max Weber)
• Unanimity
• To make sure that different voices are represented (Jürgen
• Executive competences
Habermas)
• Often delegated to the Commission
• To construct a just society (Michaela Hailbronner)
• Limits of the delegation (290-291 TFEU)
What is this fight about? Nomination of the top jobs; the
The Empty Chair Crisis (1965): dispute over the question whether or
Parliament was upset that the Council went behind their backs and
not the EEC should become more supranational (wanted to cancel
did not inform them correctly, the Council in turn said that they
the veto-right per country and France wanted their veto to stay)
weren’t forced to inform the parliament?
• France no longer participated in the meetings of the European
Council, the Council not functioning for 6 months → Luxembourg
“EU top job”
negotiated with France, because they were the president of the
• President of the European Council (Charles Michel)
Council
• President of the European Commission (Ursula von der Leyen)
• High representative of the Union for Foreign Affairs and
2.1.6 Control competences of the Council
Security Policy (Joseph Borrel)
2. Legislative in the EU
2.1 The Council
2.1.1 Functioning of the Council
Article 16 TEU + 237-243 TFEU + Protocol n36
• Composition - 10(2) + 16 (2) TEU
• Representatives of the MS at ministerial level → every
country has a lot of ministeries, the ministers come together
at the Council and represent the wishes of their country
, 2.2 European Parliament • Political legitimation function → elects the president and
2.2.1 Composition of the EUParl approves the college of the European Commission (17 (7) TEU)
• Representatives of Union’s citizens (instead of the peoples of EU • Democratic control function
MS) • Questions (230 TFEU)
• Elected for 5 years (14 (3) TEU) • Inquiry committees (226 TFEU)
• Number of members: varied (14 (2) TEU) • Budgetary discharge (319 TFEU)
• Motion of censure (17 (8) TEU + 234 TFEU)
2.2.2 EUParl Elections • Citizens connection:
• Right to vote and eligibility according to national law • Petitions 24 (2) TEU + 227 TFEU
• ECtHR, Matthews v UK, 1999 → He went to Gibraltar and • Ombudsman: 24 (3) TEU ++ 228 TFEU
wanted to vote eventhough he lives in another country. The • budgetary authority:
UK changed the law and allowed him to vote. • 14 (1) TEU + 314 TFEU: votes the annual budget
• CJEU, Spain v United Kingdom, C-145/04, 2006 → Spain • + 319 TFEU (discharge)
was not happy with the decision and thought the MS should • + 312 (2) TFEU approves the multi-annual financial framework
be able to decide who is allowed to vote. (MFF)
• CJEU, Eman and Sevinger v Den Haag, 2006 → Two people • Appointments
from Aruba wanted to vote for the Netherlands, the Dutch • Nominates the Ombudsman (288 TFEU)
government was not able to justify the reason why they
would discriminate a dutch citizen based on their living
place.
• Council sets the procedure by a unanimous decision (223 TFEU)
• Every EU citizen can vote and stand for elections in another MS
(22(2) TFEU)
• Every 5 years (14(3) TEU) - absolutely fixed term → MS are
flexible to decide on when to hold their elections
Political groups in the previous EP
3. Executive in the EU
3.1 The Commission
3.1.1 Functioning of the Commission
2.2.3 Functioning of the EuParl Seat: Brussels (Protocol n6)
• Seat: Strasbourg (Protocol n6) Composition and appointment of the Commission (17 TEU + 244 TFEU):
• Strasbourg: 12 plenary sessions • Procedure of appointment of President (17 (7), 18 (1) TEU)
• Brussels: sessions of parliamentary committees, offices of 1. European Council with qualified majority proposes a candidate
the deputees to the EuParl (taking into account the results of EP elections)
• Luxembourg: General Secretariat (administration and 2. EuParl elects the candidate with majority of members
translation services) 3. If EuParl rejects, EuCouncil has to present a new candidate
• President: 2.5 years, now: Roberta Metsola within 1 month
• President the sessions (with the help of 14 vice-presidents)
• Signs adopted acts • Procedure of appointing Commissioners (17 (7), 18 (1) TEU)
• Represents the EuParl externally 1. President and the Council adopt jointly the list of cadidates for
Commissioners
2.2.4 Competences of the EUParl 2. Hearings, oral and written questions in the EuParl
• Legislative function 3. EuParl approves the college jointly (President, Commissioners,
• Co-legislator in the ordinary legislative procedure High Representative
• Opinion in the consultation procedure 4. Council nominates the Commission with qualified majortiy
• Veto in the consent procedure
