Summary Foundations of the European Union
H1 – Overview of EU Development and EU Institutional Framework
The EU and its institutions
- Efforts to integrate Europe since WWII
- Economic social and political ties > achieve economic growth and military
security (lasting reconciliation France x Germany)
- Confined to Western Europe > now 27 Member States
Overtime changes and treaties
- Expansion of powers and competences trough consecutive treaties
o 1957: Rome – EURATOM Treaty (Atomic Energy Community)
o Maastricht Treaty 1992: TEU and TEC (Pillar structure, Co-decision,
subsidiarity, EU citizenship, EMU)
o Lisbon Treaty 2007: TEU, TFEU, EU Charter (Unified legal personality,
Formal abolition of pillar structure)
- What started as several communities ended up being 1 big European Union
Institutions Art. 13 TEU
1. European Council
2. Council
3. European Commission
4. European Parliament
5. Court of Justice of the European Union
6. European Central Bank
7. Court of Auditors
Other EU bodies
- Advisory bodies (Art. 300-307 TFEU)
o Economic and Social Committee
o Committee of the Regions
- Executive Agencies (Commission’s long arm)
- Decentralised Agencies
- European Investment Bank (no EU Institution)
1. European Commission
- The government of the EU
- Still one Commissioner per Member State (= 27)
⮚ EXEP. Art. 17 (5) TEU
- Led by the President: currently Ursula von der Leyen
Considerable powers – Art. 17(1)-(2) TEU
o Legislative initiative
o Ensuring the application of the EU law
o Executing the EU budget
, o External representation (EXEP. High Representative for Foreign Affairs and
Security Policy)
Appointment in 2 steps Art. 17(7) TEU
A. Election of the President
- Every MS chooses someone
- Proposed by European Council in Spitzenkandidaten process
- Approved by European Parliament
B. Choice of Commissioners
- Most important MS, get the most important subjects
- Individual interviews for the candidates
- President-elect and Council provide list of Commissioners
- Approved by European Parliament
⮚ Special procedure for High Representative Art. 17(7)-(8) TEU
o 27 commissioners = college
o Each Commissioner is allocated a portfolio
o Bureaucracy divided into Directorates-General (“DGs”)
o Decisions are adopted “collegially”
o Once appointed, independence from national instructions (Article 17(3) TEU) >
Commissioners are independent from national politics
2. European Parliament
- The elected body of the EU (Article 14 TEU)
- “MEPs” are directly elected every five years
- Shall not exceed 751 representatives of Union’s citizens (currently 720), max.
96 MEPs per MS
- Representation = degressively proportional to the detriment of bigger MS
- Next elections in May 2029
- Legislative function: co-legislator with Council
- Budgetary function: adoption and control
- Function of political control of Commission (Articles 17 TEU and 230 TFEU)
- Consultation/consent function:
— Special legislative procedures
— International agreements (Art. 218 TFEU)
— Treaty amendment (Art. 48 TEU)
— Accession and withdrawal (Art. 49-50 TEU)
- President of EP elected among MEPs (Article 14(4) TEU)
- EP adopts Rules of Procedure (Art. 232 TFEU) and rules on duties of MEPs
(Art. 223(2) TFEU)
- Default voting mechanism: majority of the votes cast (simple majority), Article
231 TFEU
- When explicitly provided:
– Majority of component Members (absolute majority), e.g. Article 294(7):
second reading in ordinary legislative procedure
– Quarter of component Members, e.g. Article 226: setting up a
temporary Committee of Inquiry
– 2/3 majority of votes cast and majority of component members (double
majority):
, • Article 234: motion of censure of the Commission
• Article 354, last sub-paragraph: MS breach of values (Article 7
TEU)
3. Council of the EU
- Co-legislator
- Representation of national governments 🡪 27 members
- Composed of national ministers (Article 16(2) TEU)
- Depends on the content of the file (Article 16(6))
- Legislative functions (16(1) TEU): co-legislator jointly with Parliament in most
areas, principal legislator in others
- Budgetary functions
- Policy-making functions: in particular foreign policy
Meets in different configurations
a. General affairs
b. Foreign affairs
c. Economic and financial affairs
d. Justice and home affairs
e. Employment, social policy, health and consumer affairs
f. Competitiveness (internal market, industry, research and space)
g. Transport, telecommunications and energy
h. Agriculture and fisheries
i. Environment
j. Education, youth, culture and sport
🡪 see Council Decision 2009/878/EU and Article 236 TFEU
- Presidency by single MS, rotates every six months
- Very important for political purposes: MS can prioritise certain files over others
- Meetings of the Council chaired by the minister of the MS that holds the Council
presidency
- Exception: Foreign Affairs Council chaired by High Representative
4. European Council
- Responsible for general political direction of the EU
- Composed of:
a. Heads of state or government of MS
b. European Council President
c. Commission President
- Role in appointment of Commission President and High Representative (see
previously)
- Has its own President since Lisbon (2007)
- Mandate of 2.5 years, renewable once
- Elected by European Council (QMV)
- Cannot hold national mandate
- As of 1 December 2024: António Costa
(former prime minister of Portugal)
, - Sometimes called “president of the EU”
(which is plain wrong)
- Decides by consensus unless stated otherwise (Article 15(4) TEU)
– Simple majority: adoption of rules of procedure (Article 235(3) TFEU)
– Qualified majority: election of President of European Council (Article
15(5) TEU)
– Unanimity: determination of existence of serious and persistent breach
(Article 7(2) TEU)
- If vote: President and COM President do not vote
▪ Not to be confused with Council (of the EU)
⮚ Council is co-legislator
⮚ European Council only gives political directions
▪ Also not to be confused with Council of Europe
⮚ Council of Europe is separate treaty organisation for the protection of
human rights, 46 European states
⮚ Created the European Convention on Human Rights + European Court
of Human Rights
Interplay between institutions
5. Court of Justice of the European Union
In fact, 2 courts
1. General Court (GC)
2. European Court of Justice (ECJ)
General:
H1 – Overview of EU Development and EU Institutional Framework
The EU and its institutions
- Efforts to integrate Europe since WWII
- Economic social and political ties > achieve economic growth and military
security (lasting reconciliation France x Germany)
- Confined to Western Europe > now 27 Member States
Overtime changes and treaties
- Expansion of powers and competences trough consecutive treaties
o 1957: Rome – EURATOM Treaty (Atomic Energy Community)
o Maastricht Treaty 1992: TEU and TEC (Pillar structure, Co-decision,
subsidiarity, EU citizenship, EMU)
o Lisbon Treaty 2007: TEU, TFEU, EU Charter (Unified legal personality,
Formal abolition of pillar structure)
- What started as several communities ended up being 1 big European Union
Institutions Art. 13 TEU
1. European Council
2. Council
3. European Commission
4. European Parliament
5. Court of Justice of the European Union
6. European Central Bank
7. Court of Auditors
Other EU bodies
- Advisory bodies (Art. 300-307 TFEU)
o Economic and Social Committee
o Committee of the Regions
- Executive Agencies (Commission’s long arm)
- Decentralised Agencies
- European Investment Bank (no EU Institution)
1. European Commission
- The government of the EU
- Still one Commissioner per Member State (= 27)
⮚ EXEP. Art. 17 (5) TEU
- Led by the President: currently Ursula von der Leyen
Considerable powers – Art. 17(1)-(2) TEU
o Legislative initiative
o Ensuring the application of the EU law
o Executing the EU budget
, o External representation (EXEP. High Representative for Foreign Affairs and
Security Policy)
Appointment in 2 steps Art. 17(7) TEU
A. Election of the President
- Every MS chooses someone
- Proposed by European Council in Spitzenkandidaten process
- Approved by European Parliament
B. Choice of Commissioners
- Most important MS, get the most important subjects
- Individual interviews for the candidates
- President-elect and Council provide list of Commissioners
- Approved by European Parliament
⮚ Special procedure for High Representative Art. 17(7)-(8) TEU
o 27 commissioners = college
o Each Commissioner is allocated a portfolio
o Bureaucracy divided into Directorates-General (“DGs”)
o Decisions are adopted “collegially”
o Once appointed, independence from national instructions (Article 17(3) TEU) >
Commissioners are independent from national politics
2. European Parliament
- The elected body of the EU (Article 14 TEU)
- “MEPs” are directly elected every five years
- Shall not exceed 751 representatives of Union’s citizens (currently 720), max.
96 MEPs per MS
- Representation = degressively proportional to the detriment of bigger MS
- Next elections in May 2029
- Legislative function: co-legislator with Council
- Budgetary function: adoption and control
- Function of political control of Commission (Articles 17 TEU and 230 TFEU)
- Consultation/consent function:
— Special legislative procedures
— International agreements (Art. 218 TFEU)
— Treaty amendment (Art. 48 TEU)
— Accession and withdrawal (Art. 49-50 TEU)
- President of EP elected among MEPs (Article 14(4) TEU)
- EP adopts Rules of Procedure (Art. 232 TFEU) and rules on duties of MEPs
(Art. 223(2) TFEU)
- Default voting mechanism: majority of the votes cast (simple majority), Article
231 TFEU
- When explicitly provided:
– Majority of component Members (absolute majority), e.g. Article 294(7):
second reading in ordinary legislative procedure
– Quarter of component Members, e.g. Article 226: setting up a
temporary Committee of Inquiry
– 2/3 majority of votes cast and majority of component members (double
majority):
, • Article 234: motion of censure of the Commission
• Article 354, last sub-paragraph: MS breach of values (Article 7
TEU)
3. Council of the EU
- Co-legislator
- Representation of national governments 🡪 27 members
- Composed of national ministers (Article 16(2) TEU)
- Depends on the content of the file (Article 16(6))
- Legislative functions (16(1) TEU): co-legislator jointly with Parliament in most
areas, principal legislator in others
- Budgetary functions
- Policy-making functions: in particular foreign policy
Meets in different configurations
a. General affairs
b. Foreign affairs
c. Economic and financial affairs
d. Justice and home affairs
e. Employment, social policy, health and consumer affairs
f. Competitiveness (internal market, industry, research and space)
g. Transport, telecommunications and energy
h. Agriculture and fisheries
i. Environment
j. Education, youth, culture and sport
🡪 see Council Decision 2009/878/EU and Article 236 TFEU
- Presidency by single MS, rotates every six months
- Very important for political purposes: MS can prioritise certain files over others
- Meetings of the Council chaired by the minister of the MS that holds the Council
presidency
- Exception: Foreign Affairs Council chaired by High Representative
4. European Council
- Responsible for general political direction of the EU
- Composed of:
a. Heads of state or government of MS
b. European Council President
c. Commission President
- Role in appointment of Commission President and High Representative (see
previously)
- Has its own President since Lisbon (2007)
- Mandate of 2.5 years, renewable once
- Elected by European Council (QMV)
- Cannot hold national mandate
- As of 1 December 2024: António Costa
(former prime minister of Portugal)
, - Sometimes called “president of the EU”
(which is plain wrong)
- Decides by consensus unless stated otherwise (Article 15(4) TEU)
– Simple majority: adoption of rules of procedure (Article 235(3) TFEU)
– Qualified majority: election of President of European Council (Article
15(5) TEU)
– Unanimity: determination of existence of serious and persistent breach
(Article 7(2) TEU)
- If vote: President and COM President do not vote
▪ Not to be confused with Council (of the EU)
⮚ Council is co-legislator
⮚ European Council only gives political directions
▪ Also not to be confused with Council of Europe
⮚ Council of Europe is separate treaty organisation for the protection of
human rights, 46 European states
⮚ Created the European Convention on Human Rights + European Court
of Human Rights
Interplay between institutions
5. Court of Justice of the European Union
In fact, 2 courts
1. General Court (GC)
2. European Court of Justice (ECJ)
General:
