Samenvatting Foundations of the EU 2022-2023
HC 1 – The EU institutions en OG 1
The European commission art. 17 TEU en art. 246 TFEU
● Seat is Brussels
● Mandate for 5 years
● One commissioner per Member state
● 27 commissioners = college
● Acting by majority of members Art. 250 TFEU
The president of the commission -> art. 17 (6)
The president gets to decide what they wanna achieve.
Now it is Ursula von der Leyen
Appointment of the commission -> art. 17 (7)
1. Choosing of president of commission -> European council shall propose a candidate
to the European parliament for president of the commission. The European
parliament then elected.
2. The council and president appoint the college of commissioners, the parliament votes
on commission as a body.
End of mandate of commissioner
● Voluntary resignation
● Death
● The president asks you to resign
● Reshuffling portfolios by the president
● Compulsory retirement
● Deprived of the right to pension
European Parliament art. 14 TEU en 232 TFEU
● Only directly elected EU institution
● Seat: Strasbourg but moves to brussels for other sessions than the plenary one a
month
● Max. 751 members
● Degressively proportional = it means that one member of parliament from Malta is
representing fewer citizens than Germany because Germany is bigger.
●
The councel art. 16 TEU
● 27 members
● Seat brussels and Luxembourg
Committee of permanent Representatives
- Prepares the work of the council
- Takes procedural decisions
, European council Art. 15 TEU
● Seat Brussels
The court of Justice art. 19 TEU
● 27 judges
● 6 years
EU enlargement art. 49 TEU
Any European state which respects EU democratic values and is committed to promoting
them may apply for EU membership to the council. The commission verify if the country has
all the Copenhagen criteria:
• political criteria: stability of institutions guaranteeing democracy, the rule of
law, human rights and respect for and protection of minorities
• economic criteria: a functioning market economy and the capacity to cope
with competition and market forces
• administrative and institutional capacity to effectively implement the EU
acquis (body of common rights) and ability to take on the obligations of EU
membership
the commissions gives an opinion to the council who decides if the want to negotiate
Accession negotiations commence, as the candidate country adapts its national laws to align
with the EU’s rules, called the acquis. Negotiations formally conclude once each of the 33
acquis chapters (which focus on topics like taxation, the environment and defense policy) are
unanimously closed.
An accession treaty (parlement by majority ) is signed by the candidate country and the
European Union (with the consent of the Council, Commission and Parliament) and later
ratified by the candidate and each EU country, when it becomes binding. The country is
henceforth deemed an “acceding country” until the official accession date, when it becomes
a full EU member.
🡺 Each Eu country ratifies by their constitutional law.
HC 2 Legislating in the EU en OG 2
The principle of conferral: does the EU have power to act
Union shall act only within the limits of the competences conferred upon it by the Member
States in the Treaties… -> article 5 TEU
● How can competence be conferred
1. Express competence:
– expressly provided for in the Treaties
– e.g. internal market
2. Implied competence:
– the existence of one competence implies the existence of another
competence
HC 1 – The EU institutions en OG 1
The European commission art. 17 TEU en art. 246 TFEU
● Seat is Brussels
● Mandate for 5 years
● One commissioner per Member state
● 27 commissioners = college
● Acting by majority of members Art. 250 TFEU
The president of the commission -> art. 17 (6)
The president gets to decide what they wanna achieve.
Now it is Ursula von der Leyen
Appointment of the commission -> art. 17 (7)
1. Choosing of president of commission -> European council shall propose a candidate
to the European parliament for president of the commission. The European
parliament then elected.
2. The council and president appoint the college of commissioners, the parliament votes
on commission as a body.
End of mandate of commissioner
● Voluntary resignation
● Death
● The president asks you to resign
● Reshuffling portfolios by the president
● Compulsory retirement
● Deprived of the right to pension
European Parliament art. 14 TEU en 232 TFEU
● Only directly elected EU institution
● Seat: Strasbourg but moves to brussels for other sessions than the plenary one a
month
● Max. 751 members
● Degressively proportional = it means that one member of parliament from Malta is
representing fewer citizens than Germany because Germany is bigger.
●
The councel art. 16 TEU
● 27 members
● Seat brussels and Luxembourg
Committee of permanent Representatives
- Prepares the work of the council
- Takes procedural decisions
, European council Art. 15 TEU
● Seat Brussels
The court of Justice art. 19 TEU
● 27 judges
● 6 years
EU enlargement art. 49 TEU
Any European state which respects EU democratic values and is committed to promoting
them may apply for EU membership to the council. The commission verify if the country has
all the Copenhagen criteria:
• political criteria: stability of institutions guaranteeing democracy, the rule of
law, human rights and respect for and protection of minorities
• economic criteria: a functioning market economy and the capacity to cope
with competition and market forces
• administrative and institutional capacity to effectively implement the EU
acquis (body of common rights) and ability to take on the obligations of EU
membership
the commissions gives an opinion to the council who decides if the want to negotiate
Accession negotiations commence, as the candidate country adapts its national laws to align
with the EU’s rules, called the acquis. Negotiations formally conclude once each of the 33
acquis chapters (which focus on topics like taxation, the environment and defense policy) are
unanimously closed.
An accession treaty (parlement by majority ) is signed by the candidate country and the
European Union (with the consent of the Council, Commission and Parliament) and later
ratified by the candidate and each EU country, when it becomes binding. The country is
henceforth deemed an “acceding country” until the official accession date, when it becomes
a full EU member.
🡺 Each Eu country ratifies by their constitutional law.
HC 2 Legislating in the EU en OG 2
The principle of conferral: does the EU have power to act
Union shall act only within the limits of the competences conferred upon it by the Member
States in the Treaties… -> article 5 TEU
● How can competence be conferred
1. Express competence:
– expressly provided for in the Treaties
– e.g. internal market
2. Implied competence:
– the existence of one competence implies the existence of another
competence
