Probleem 2
Bronnen:
- Robbert Schütze – An Introduction to European Law
1. How is the European Parliament composed and how are its members elected?
The European Parliament is mentioned and explained in art. 13 and 14 TEU and Part VI, Title I, Chapter 1, section 1 of
the TFEU (art. 223-234).
At first the Parliament didn’t have much power, but after the 1970’s its power increased, and the Parliament is now
making Union laws with the Council. The Parliament is directly elected by the European citizens (art. 10(2) TEU). At
first the European parliamentarians were national parliamentarians. This formation method brought the Parliament
close to an ‘’assembly’’. This first method already breached the classic international law logic in two ways: the sizes
of the delegations were not equal and there was a plan to have direct elections someday. Eventually it took two
decades to adapt the Union’s 1976 ‘’Election Act’’, which stated that the European Parliament would be directly
elected by European citizens (art. 14(2) TEU).
Composition
The European Parliament has a maximum size of 705 members. The European Council decides on the national
‘’quotas’’ for the representatives, but it has to be degressively proportional with a range spanning from six to ninety-
six seats. The national quotas constitute a compromise between the democratic principle and the federal principle.
The result of this compromise is that a degressively proportional system would be preferred above a purely
proportional system.
- Democratic principle = each citizen must have equal voting power
- Federal principle = based on the political existence of States
- Purely proportional system = the vot
- Degressively proportional system =
The elections take place every five years (art. 14(3) TEU) and must be conducted on the basis of proportional
representation (method of first-past-the-post). The elections must take place in accordance with principles common
to all Member States, but there is one common constitutional rule: every citizen of the Union residing in a Member
State of which he is not a national shall have the right to vote and to stand as a candidate in elections in the Member
State in which he resides, under the same conditions as nationals of that State (art. 22(2) TFEU). More rules are set
out by the 1976 Election Act.
2. How is the Council of the EU composed?
The European Council is mentioned and explained in art. 15 TEU and Part VI, Title I, Chapter 1, section 2 of the TFEU
(art. 223-234).
The Council has a legislative as well as executive functions. It can be seen as the central institution of the European
Union.
Composition (art. 16 TEU)
The Council shall consist of a representative of each Member State at ministerial level, who may commit the
government of the Member State in question and cast its vote. There are two Council configurations:
- The General Affairs Council = to ensure consistency in the work of different Council configurations
- The Foreign Affairs Council = to elaborate the Union’s external action on the basis of strategic guidelines laid
down by the European Council and ensure that the Union’s action is consistent
Each Member State has a Permanent Representative in the Committee of Permanent Representatives, which is also
called ‘’Coreper’’. The Corper also has two parts:
- Coreper I = represents the meetings of the deputies of the ambassadors and prepares the more technical
remainder.
- Coreper II = represents the meeting of ambassadors and prepares the first Council configurations, the more
important political decisions.
Bronnen:
- Robbert Schütze – An Introduction to European Law
1. How is the European Parliament composed and how are its members elected?
The European Parliament is mentioned and explained in art. 13 and 14 TEU and Part VI, Title I, Chapter 1, section 1 of
the TFEU (art. 223-234).
At first the Parliament didn’t have much power, but after the 1970’s its power increased, and the Parliament is now
making Union laws with the Council. The Parliament is directly elected by the European citizens (art. 10(2) TEU). At
first the European parliamentarians were national parliamentarians. This formation method brought the Parliament
close to an ‘’assembly’’. This first method already breached the classic international law logic in two ways: the sizes
of the delegations were not equal and there was a plan to have direct elections someday. Eventually it took two
decades to adapt the Union’s 1976 ‘’Election Act’’, which stated that the European Parliament would be directly
elected by European citizens (art. 14(2) TEU).
Composition
The European Parliament has a maximum size of 705 members. The European Council decides on the national
‘’quotas’’ for the representatives, but it has to be degressively proportional with a range spanning from six to ninety-
six seats. The national quotas constitute a compromise between the democratic principle and the federal principle.
The result of this compromise is that a degressively proportional system would be preferred above a purely
proportional system.
- Democratic principle = each citizen must have equal voting power
- Federal principle = based on the political existence of States
- Purely proportional system = the vot
- Degressively proportional system =
The elections take place every five years (art. 14(3) TEU) and must be conducted on the basis of proportional
representation (method of first-past-the-post). The elections must take place in accordance with principles common
to all Member States, but there is one common constitutional rule: every citizen of the Union residing in a Member
State of which he is not a national shall have the right to vote and to stand as a candidate in elections in the Member
State in which he resides, under the same conditions as nationals of that State (art. 22(2) TFEU). More rules are set
out by the 1976 Election Act.
2. How is the Council of the EU composed?
The European Council is mentioned and explained in art. 15 TEU and Part VI, Title I, Chapter 1, section 2 of the TFEU
(art. 223-234).
The Council has a legislative as well as executive functions. It can be seen as the central institution of the European
Union.
Composition (art. 16 TEU)
The Council shall consist of a representative of each Member State at ministerial level, who may commit the
government of the Member State in question and cast its vote. There are two Council configurations:
- The General Affairs Council = to ensure consistency in the work of different Council configurations
- The Foreign Affairs Council = to elaborate the Union’s external action on the basis of strategic guidelines laid
down by the European Council and ensure that the Union’s action is consistent
Each Member State has a Permanent Representative in the Committee of Permanent Representatives, which is also
called ‘’Coreper’’. The Corper also has two parts:
- Coreper I = represents the meetings of the deputies of the ambassadors and prepares the more technical
remainder.
- Coreper II = represents the meeting of ambassadors and prepares the first Council configurations, the more
important political decisions.
