LAW022-3 - Lecture 2 - Tagged

LAW022-3 FUNDAMENTALS OF EU LAW
AY 2024-25
Lecture 2
EU INSTITUTIONS
Claudia Zugno
Claudia.Zugno@beds.ac.uk
Senior Lecturer in Law – School of Accounting,
Finance and Law
INTENDED LEARNING OUTCOMES
• Learn the main features of the key EU institutions
• Understand how the separation of powers works in the EU context
• Recognise the different decision-making processes in the EU
2
EU INSTITUTIONS
Art 13 TFEU:
1. The Union shall have an institutional framework which shall aim to
promote its values, advance its objectives, serve its interests, those
of its citizens and those of the Member States, and ensure the
consistency, effectiveness and continuity of its policies and actions.
The Union's institutions shall be:
• the European Parliament,
• the European Council,
• the Council,
• the European Commission (hereinafter referred to as ‘the
Commission’),
• the Court of Justice of the European Union,
• the European Central Bank,
• the Court of Auditors.
3
EU INSTITUTIONS (cont’d)
4
EUROPEAN PARLIAMENT
• Art 14 TEU
• Originally named the Assembly: National Representatives
• Named European Parliament in 1962; first direct elections in 1979
• Represents the Citizens of the European Union
• Progressive expansion of its powers
• Sits in Brussels and Strasbourg
5
EUROPEAN PARLIAMENT (cont’d)
• Direct election for five years, by proportional representation
• Max number of MEPs is 750, plus the President
• The number of MEPs and the seats allocated to each MS is determined

by the European Council with the consent of the European Parliament
• Principle of degressive proportionality (Art 14(2) TEU): the most

populous states would have fewer representatives than would
correspond exactly with their proportion of the total European
population, while the least populous states would have more
 Each MS must have between 6 and 96 MEPs
 Eg: Malta = 6 seats (500,000); Germany = 96 (82,000,000) –
each MEP for Malta represents some 72,000 Maltese citizens,
while each German MEP represents more than 854,000 Germans
6
7
• MEPs organise themselves
into ideological groups, rather
than national groups
• Functions:
 Legislative
 Shared with the Council
 Budgetary (Art 314TFEU)
 Political control and
consultation
8
EUROPEAN COMMISSION
• Art 17 TEU
• Formerly the High Authority
• Independent of Government
• “Guardian of the Treaties”
• Legislation Initiative
• College of Commissioners =
1 Commissioner per Member
State with responsibility for
specific policy area
9
EUROPEAN COMMISSION (cont’d)
10
Composition:
• Art 17(7) TEU: the President of the

Commission is elected by the EU Parliament
on a majority basis
 The candidate for the Presidency is
suggested by the European Council acting
by a qualified majority
• 27 individual Commissioners, appointed for

five years
 MS proposal
 President of the EU Commission agreement
 European Council majority vote
 European Parliament approval
11
Functions:
• Pivotal role in the integration
process
• Supervisory role
• Policy-making
• Legislative initiative
• Executive power and
responsibility for the EU’s
budget
12
COUNCIL (OF MINISTERS / OF THE EU)
Art 16 TEU
• Different from the European
Council (confusing
terminology!)
• National Ministers responsible
for the EU policy area under
discussion
• Key decision-making role
under the Treaty of Rome
• Veto power
• “The Commission proposes,
the Council disposes”
• Shift to QMV in the Single
European Act = Loss of veto
• Today: co-legislator with the EP
13
EUROPEAN COUNCIL
Art 15 TEU
• Not listed in the original Treaty of Rome
(EEC)
• Began meeting in the 1960s, its role was
formalised in the Single European Act 1986
• Becomes an EU Institution in the Treaty of
Lisbon 2009
• Heads of State and Government of the 27
Member States
• Functions:
 General political directions and priorities
(eg: enlargement, budget disputes,
Treaty amendments, external relations
issues, etc)
 NO legislative function
 Elects the High Representative for
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Foreign Affairs and Security Policy (Art
CONFUSING TERMINOLOGY…
Council: Art 16 TEU European Council: Art 15 TEU

• Also known as the Council of • Heads of State and
Ministers (old name) government
• Ministers from national • No legislative function
governments (relevant areas) • Meets four times per year
sitting in different • Presidency: single post
configurations (eg: agriculture (currently Charles Michel,
and fisheries, economic and Belgian PM)
financial affairs)
• Meet at least once a month
• Key legislative function
• Presidency: national
government (not a single post)
 Currently: Hungary
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COURT OF JUSTICE OF THE EUROPEAN
UNION
Art 19 TEU
• It combines:
 The Court of Justice
 The General Court (before: the Court of First Instance)
• Based in Luxembourg
• Also called European Court of Justice (ECJ), EU Court
• Not to be confused with the European Court of Human rights in
Strasbourg!
16
UNION (cont’d)
• The Court of Justice
 1 judge per MS, plus 11 Advocates General (AG)
 AG assists the court by writing an impartial and independent
opinion on a case that the judges consider before giving judgment;
appointed the same way as the judge
 Six-year mandate
 Grand Chamber (15 judges) or chambers (three or five judges)
• The General Court

 Originally 1 judge per MS, now two judges per MS
 Full court or small chambers
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UNION (cont’d)
Functions
• Interpreting the law (preliminary rulings)
• Enforcing the law (infringement proceedings)
• Annulling EU legal acts (actions for annulment)
• Ensuring the EU takes action (actions for failure to act)
• Sanctioning EU institutions (actions for damages)
18
SEPARATION OF POWERS IN THE EU
• No strict separation of powers but overlapping roles – checks and

balances
• No individual institution that one can define as the legislature or the
executive.
• Instead, many legislative and executive functions are shared between
EU institutions
• The EU therefore does not adhere to a rigid separation of powers
• The balance of powers between these institutions has not remained
static: successive rounds of Treaty amendment have altered the
powers of the main EU institutions
• Sincere cooperation: Article 13(2) TEU
19
EU INSTITUTIONS: SUMMARY
• The European Parliament = the only directly elected body

 Its primary function is that of a forum for discussion and debate
 Enjoys legislative, budgetary and supervisory powers
• The Commission represents the interests of the EU
 Commissioners must possess general competence, and their
independence must be beyond reasonable doubt
• The Council = ministers of the Member States
 Membership changing according to the matter under discussion
 They represent national interests and exercise legislative and
budgetary functions alongside the Parliament
• The European Council comprises the heads of state or government of
the Member States
 Broad non-legislative role, consulting on topical political issues,
setting the general political and policy direction and priorities of the
EU
20
INSTITUTIONAL ARCHITECTURE AND
DECISION-MAKING Proposal
• Art 17(2) TEU:
Commission
• Art 225 TFEU: EP
• Art 11(4) TEU: 1mln
citizens
Procedures: Art 289 TFEU

• Ordinary legislative
procedure (Art 294
TFEU)
• Special legislative
procedure (or
consultation procedure)
21
LEGISLATIVE PROCEDURES
22
TYPES OF EU LEGISLATION
• EU primary law
 The Treaties
 Protocols
TFEU, TEU, Protocols  Declarations
and the Charter  EUCFR
• International agreements (Arts 207, 217-

International Treaties
and agreements 218 TFEU)
• Secondary legislation: Art 288 TFEU

EU Secondary  Regulations
legislation: regulations,  Directives
directives and  Decisions
decisions
 Recommendations
 Opinions
23
SECONDARY LEGISLATION
• Regulations
 General applications; binding in their entirety; directly applicable
• Directives
 Setting goals to aim to; not directly applicable; need for
implementation; MSs’ discretion
• Decisions
 Addressed to all or some MSs, businesses, or individuals; binding in
their entirety
• Recommendations and opinions
 Soft law
• General principles
 From national legal traditions and international legal systems
 From the EU’s legal order itself
 Institutional principles and constitutional principles
 ECJ, C-29/69, Stauder; C-101/08 Audiolux
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LECTURE 2 RECAP
• Seven official institutions – five especially important
• Complex institutional architecture
• Checks and balances which do not reflect the traditional idea of the
separation of powers at domestic level
• Different legislative procedures
• Several types of legislation depending on the aims to be achieved
25

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LAW022-3 FUNDAMENTALS OF EU LAW

• Learn the main features of the key EU institutions

• Understand how the separation of powers works in the EU context

• Recognise the different decision-making processes in the EU

• Max number of MEPs is 750, plus the President

• The number of MEPs and the seats allocated to each MS is determined

• Principle of degressive proportionality (Art 14(2) TEU): the most

• Art 17(7) TEU: the President of the

• 27 individual Commissioners, appointed for

Council: Art 16 TEU European Council: Art 15 TEU

• The General Court

• No strict separation of powers but overlapping roles – checks and

• The European Parliament = the only directly elected body

Procedures: Art 289 TFEU

• International agreements (Arts 207, 217-

• Secondary legislation: Art 288 TFEU

• Seven official institutions – five especially important

• Complex institutional architecture

• Different legislative procedures

• Several types of legislation depending on the aims to be achieved

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