Samenvatting Foundations of the European Union UHasselt

Foundations of the European Union

HOORCOLLEGE I
1.1. The EU and its institutions
the EU
- Started of as peace project after WOII
- Closer economic, social and political ties
o EEC
- Originally Western Europe
o Now 27 states
- European cooperation
o Marshall plan
o OEEC (organization for European Economic Co-operation)
o OECD (organization for Economic Cooperation and Development)
o NATO
o WEU (Western European Union)
o Council of Europe

Changes over time
- Expansion of power
o Increase in competence
o Through treaties
 Maastricht treaty 1992
 Lisbon treaty 2007
 treaties still in force today
 EURATOM: treaty establishing the European Atomic
Energy Community
 TEU, TFEU, EU Charter: unified legal personality, formal
abolition of pillar structure
EU institutions overview
- Listed in art 13 TEU

Institution Legal basis TEU Legal basis TFEU
European Parliament Art 14 TEU Art 223-234 TFEU
European Council Art 15 TEU Art 235-236 TFEU
Council Art 16 TEU Art 237-243 TFEU
European Commission Art 17 TEU Art 244-250 TFEU
Court of Justice of the Art 19 TEU Art 251-281 TFEU
European Union
European Central Bank / Art 282-284 TFEU
Court of Auditors / Art 285-287 TFEU




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,Other EU bodies
- Advisory bodies (art 300-307 TFEU)
o Economic and social committee
o Committee of the regions
 Politically not the biggest role
- Executive agencies (commission’s long arm)
- Decentralized agencies
o More independent
o Get a say on certain parts of EU law
- European investment bank
o Connected to EU but not an institution


1.1.1. European commission
The “government” of the EU
Still one commissioner per member state
- 27 (including president & high representative)
- Exception art 17(5) TEU
- Can limit to 2/3
- Not really used
o Prefer using the exception

Led by the president (art 17 (6) TEU and 248 TFEU)
- Ursula von der Leyen
Considerable powers (art 17 (1)-(2) TEU)
- Legislative initiative
o Most important
o Some exceptional cases
- Ensuring application of EU law
- Executing the EU budget




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, - External representation
o When negotiating with EU, you are negotiating with the commission
o Except foreign affairs and security policy
 High representative (is part of the commission)
 Treaty of Amsterdam: part of the council
 Treaty of Lisbon: part of the commission
Appointment in 2 steps (art 17(7) TEU)
- Election of president
o Proposed by the council while taking in account the election votes
o System: spitzenkandidaten
 Every political party chose 1 person as candidate
o Approved by the parliament
 Easy to get approval because of the system
 Biggest party in the parliament behind the candidate
- Choice of Commissioners
o President-elect and council provide list of commissioners
o Approved by European parliament
 Need to approve all of them
 Can ask for substitutes
Special procedure for high representatives (art 17(7)-(8) and 18 TEU)
Commissioners = college
- Each commissioner is allocated a portfolio
o = ministerportefeuille
- Decisions are adopted ‘collegially’
- Bureaucracy divided into directorates-general
o Vergelijkbaar met FOD’s
- Once appointed, independence from national instructions (art 17(3) TEU)
- Acts totally independent
o From other institutions
o National politics
o Can be instructed
 Doesn’t guarantee they will follow


1.1.2. European parliament
Only elected body of EU (art 14 TEU)
‘MEPs’ are directly elected every five years
Shall not exceed 751 representatives
- Max 96 per member states
- Currently 720




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, Representation = degressively proportional to the detriment of bigger member
states
- Smaller states overrepresented
- So that big ones don’t just take over
Next election May 2029
Legislative function: co-legislator with council
- No initiative
Budgetary function: adoption and control
Function of political control of commission (art 17 TEU and 230 TFEU)
Consultation/ consent function:
try to convince constitution to do things
- Special legislative procedures
- International agreements (art 218 TFEU)
- Treaty amendment (art 48 TFEU)
- Accession and withdrawal (art 49-50 TFEU)
Elects its own president (art 14(4) TEU)
Adopts rules of procedure
Default voting mechanism
- Majority if the votes cast (simple majority) (art 231 TFEU)
- When explicity provided
o Majority of component members (absolute majority)
o Quarter of component members
o 2/3 majority of votes cast and majority of component members
(double majority)


1.1.3. Council of the EU
Co-legislator
Representation of national governments -> 27 members
Composed of national ministers (art 16(2) TEU)
- For a certain matter
- Multiple council/ different configurations
o General affairs
o Foreign affairs (high representative)
o Economic and financial affairs
o Justice and home affairs
o …
- Depends on the content of the file (art 16(6) TEU)
Legislative functions (art 16(1) TEU)



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