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European Union Institutions

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K MILLER

on 15 February 2016

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Transcript of European Union Institutions

1950
1960
1940
1970
European Union Institutions
Accession and Membership
1967 Merger Treaty
Brussels Treaty
Signed: 8 April
1965
; EIF 1 July
1967
Purpose: streamline European institutions
Main changes:
Creation of a
single Commission
and a
single Council
to serve the then 3 European Communities (EEC, Euratom, ECSC).
Repealed by the Treaty of Amsterdam
7 EU Institutions (Art. 13 TEU)
1986 Single European Act
1985 -
Jacques Delors
white paper
Signed: 17 February
1986
(Lux)/28 Feb (The Hague); EIF 1 July
1987
Purpose: to
reform the institutions
in preparation for
Portugal
and
Spain's
membership and
speed up decision-making
in preparation for the single market.
Main Changes:
Extension of
qualified majority voting
in the
Council
(making it harder for a single country to veto proposed legislation)
Creation of the
cooperation
and
assent
procedures, giving
Parliament more influence
change "common market" to "
single market
"

Voting Procedure
1992 Maastricht Treaty
Signed: 7 February
1992
; EIF: 1 November
1993
Purpose: to prepare for
European Monetary Union
and introduce elements of a
political union
(
citizenship
, common foreign and internal affairs policy)
Main Changes:
Establish
European Union (
EU
)
Introduce
co-decision procedure
, giving
Parliament more say
in decision-making w/ Council.
New
forms of
cooperation
between EU governments – (e.g.,
defense
and justice and
home affairs
)
Ratification: need 2d
referendum
in
DK
; legal action in
D
3 Pillars: (1) European Community (
super-national
); (2) Common Foreign and Security Policy (
intergovernmental
); (3) Justice and Home Affairs (
MS

sovereignty
)
1980
1990
2000
2010
Post WWII - Euro-Atlantic Organizations
1947 - General Agreement on Tariffs and Trade (
GATT
)
1948 - Organization for European Economic Co-operation (
OEEC
); built upon
Marshall Plan
(1947) to rebuild Europe
1960 - OEEC became the Organization for Economic Co-operation and Development (
OECD
)
1949 - Brussels Treaty creates North Atlantic Treaty Organization (
NATO
) with US and Canada
1953 - Western European Union (
WEU
) - (B, NL, L, F, UK, FRD, I, G, E) to strengthen security cooperation; beginning of security and defense policy
Council of Europe and OSCE
1948 - Congress of Europe at the Hague
UK insists on intergovernmental organization that would not compromise sovereignty
1949
- Statute on the
Council of Europe
- Committee of Ministers and Parliamentary Assembly (merely makes recommendations to Committee)
1950
- European Convention on Human Rights (
ECHR
) signed; 1953 entry into force
Est.
Court of Human Rights
in Strasbourg
1994 - Organization for Security and Cooperation in Europe (
OSCE
) - successor to Conference on Security and Cooperation in Europe
Setback for European Integration
1950
Pleven Plan
- introduced to counter US suggestion to arm D within NATO, F suggests European Defense Community (
EDC
); signed 1952 by 6 ECSC states
1953 draft of European Political Community (creating a European political federation)
Wary of D re-militarization, F submits EDC Treaty to national assembly, where rejected
39 years before another Treaty signed (1992)
Idea of Community and Union
Key: member states (MS) agree to cede some sovereignty
1950
Robert Shuman
(French foreign minister) proposed pooling Franco-German coal/steel
(Shuman Declaration)
Jean Monnet
(federalist) drafted plan
1951
-
Treaty of Paris
- European Coal and Steel Community (
ECSC
) Treaty signed by F, G, I, B, NL, L
Signed 18 April
1951
; entry into force (EIF) 23 July
1952
; expired 23 July
2002
(temporal limit = 50 yrs)
Purpose: to create
interdependence
in coal and steel so that one country could no longer mobilize its armed forces without others knowing. This
eased distrust and tensions
after WWII.
4
Institutions
created

1957 EEC and Euratom
1956 - Paul-Henri Spaak (BE PM) report
1957 -
Treaty of Rome
creates European Economic Community (
EEC
) and European Atomic Energy Community (
Euratom
)
Signed: 25 March
1957
; EIF 1 January
1958
Purpose: set up EEC and Euratom
Main changes: extend European integration to
economic cooperation
:
Establish
common market
Approximate economic policies
of MS
Increase
stability
; raise
standard of living
Abolish
barriers to trade
, establish
common customs tariff
, ensure
undistorted competition
, national
economic
and
monetary policies
, harmonize fiscal and social policies
1997 Treaty of Amsterdam
Signed: 2 October
1997
; EIF: 1 May
1999
Purpose: To
reform
the EU
institutions
in preparation for the arrival of future member countries
Main Changes:
Amendment,
renumbering
and
consolidation
of EU and EEC
treaties
.
Principle of
Openness
: more transparent decision-making (
increased
use of the
co-decision voting
).
Add to Art. 2: high employment; est. freedom, security and justice (FSJ)
Art. 6: Union founded on
human rights
,
democracy
,
rule of law
(respect
condition
for EU
membership
)
MS rights may be suspended for serious and persistent breach of Union principles

ECSC Institutions
High Authority
:
9 independent appointees of the 5 MS; executive; majority vote = supranational body
Parliamentary Assembly
:
National parliament delegates; supervisory and advisory powers
Council
:
Representatives from each national government, consultative & some decisions; harmonize activities of MS and High Authority
Court of Justice
:
9 justices

Co-Decision - Ordinary Legislative Procedure
Under the Treaty of Lisbon, codecision procedure becomes the
ordinary legislative procedure
of the (EU) (
Article 294
TFEU).

This procedure gives the
European Parliament
, representing the Union’s citizens, the power to adopt instruments
jointly
with the
Council of the European Union
. It becomes
co-legislator
, on an
equal footing
with the Council,
except
in the cases provided for in the Treaties where the
procedures
regarding
consultation
and
approval
apply. The ordinary legislative procedure also includes
qualified majority voting
in the
Council
.

Furthermore, the Treaty of Lisbon
increases the areas
within which the
codecision
procedure
shall apply
, therefore contributing towards
strengthening the powers of the European Parliament
.

The procedure comprises
one
,
two
or
three readings
. It has the
effect of increasing contacts
between the Parliament and the Council, the co-legislators, and with the European Commission.
Qualified Majority
QM = number of votes required in the Council for a decision to be adopted when issues are being debated on the basis of
Art. 16 TEU
and
Art. 238 TFEU
. Under the
ordinary legislative procedure
, the
Council acts by

QM
, in
codecision
with the
Parliament
.

The
Treaty of Nice
introduced a QM system based on a new weighting of votes and a “
demographic verification” clause
. The
number of votes
allocated to each MS was re-
weighted
(es.p for MS w/ larger populations) so that the
legitimacy
of the
Council
's
decisions
are
safeguarded
re: their demographic
representativeness
.

After
1 January 2007
and enlargement the
QM
majority
increased

to 255 votes
out of a total
of 345
, representing a
majority of the MS
. Also, a MS may request verification that the QM represents
at least 62% of total
Union
population
. If not, decision is not adopted.

New “
double majority
” system after Lisbon. EIF on
1 November 2014
. The Nice system still applies during transition (until 31 October 2014). New QM:
at least 55%
of the members of the
Council
, comprising
at least 15
of them and representing
at least 65%
of the Union
population
.
Blocking minority
=
at least 4 members
of the Council.

Under institutional reforms,
QM has replaced unanimous voting
. Lisbon extends QM to issues that were governed by unanimity, such as external border control, asylum, and the negotiation of international agreements on trade matters.
Unanimity
"
Unanimity
" means the requirement for
all MS
meeting within the
Council
to
agree
before a proposal is adopted.

Since the Single European Act
, the
scope
of the voting procedure for unanimity has
become more restricted
.

The
Lisbon Treaty
again
increases
the number of areas where
qualified majority voting
in the
Council
applies.

However
, a restricted number of
policies
judged to be
sensitive
shall remain
subject to unanimity
voting, specifically
taxation
,
social security
or
social protection
, the
accession
of new States to the EU, foreign and common
defence policy
and operational
police cooperation
between the MS.
Double Majority
Treaty of Nice (2001) redefined the QM in terms of a double or even triple majority. Although re-weighting votes favors large MS, the
QM must also represent a majority of the MS
. This is
combined with
a system known as the "
demographic safety net
" which enables a MS to request verification of whether the QM represents at least 62% of the population of the Union. If this condition is not fulfilled, the decision cannot be adopted.

Lisbon
amends Council voting via a simpler and more transparent system based on the principle of
double majority of States and population
. QM exists if it represents at least
55% of the MS
and
65% of the Union population
(Art. 16 of the TEU and Art. 238 TFEU). Transition period ends on 31 October 2014. Until then, the voting rules in the Treaty of Nice continue to apply.
Reinforced Qualified Majority
When
Council acts without a Commission Proposal
or one from the
High Representative for Foreign Affairs and Security Policy
being necessary (in the fields of police and judicial cooperation in criminal matters), the
QM must include at least 2/3 of the MS
.

Under
Lisbon
, a
reinforced QM

requires
at least
72% of
the
members
of the
Council
and
65% of
the
Union population
.

General idea
: the
Commission safeguards the general interest;
so when a decision is taken
without a Commission proposal
, the
general interest is less assured
. Therefore a larger majority than usual is necessary for this proposal.
Weighing of votes in Council
Under the current QM weighting system, MS w/ the largest populations have 27-29 votes, the medium-sized MS have 7-14 votes, and small MS 3 or 4 votes. A decision requires at least 255 out of 345 votes to be adopted.

Number of votes determined by the size of MS population, adjusted to provide relative over-representation of the MS with larger populations.

Current weighting = Treaty of Nice (2004).

Lisbon: 3 stages.
Until 1 November 2014: Nice voting
Blocking minority = coalition of 91 votes or 38% of the population of the Union.
1 November 2014 until 31 March 2017: new weighting rules
But MS can demand the application of the previous weighting rules and the “Ionnina Compromise”.
From 1 April 2017: the rule of double majority is obligatory.
Council adopts a decision when it is approved by at least 55% of Council members comprising of at least 15 of them and representing MS which include at least 65% of the population of the Union.
Blocking minority = at least four MS
3 Voting Stages under Lisbon Treaty
2001 Treaty of Nice
Signed: 26 February
2001
; EIF: 1 February
2003
Purpose: to
reform the institutions
so that the EU could function efficiently after reaching
25 member countries
Main Changes:
Methods for changing the
composition of the Commission
Redefining the
voting system in the Council
Introduce
"Convention Method"
Proclaimed
Charter of Fundamental Rights
Desire to add
more competencies
before
2004 enlargement

2007 Treaty of Lisbon
Signed: 13 December
2007
; EIF: 1 December
2009
Purpose: to make the EU
more democratic
, more
efficient
and better able to address
global problems
, such as climate change, with
one voice
.
Main Changes:
More power
for the
European Parliament
Change
of
voting
procedures in the
Council
Citizens' initiative
Permanent president
of the
European Council
New
High Representative for Foreign Affairs
New
EU diplomatic service
EEC Institutions
Council of Ministers
Commission
(executive authority)
European Social Fund
European Investment Bank
Shared with Euratom
Economic and Social Committee
Shared with ECSC
Parliamentary Assembly
Court of Justice
EU Principles
Direct and Indirect Effect
Basic Principles and Competences
Primacy / Supremacy
Legislative Process
EU Legislation
Legislative Procedures
Enhanced Cooperation and Comitology
Fundamental Rights
Fundamental Rights in the EU
Fundamental Rights in the MS
Order of Accession
1957/58

France, West Germany, Italy, Belgium, Netherlands, Luxembourg (6)
1973
United Kingdom, Ireland, Denmark (9)
1981
Greece (10)
1986

Spain, Portugal (12)
1995
Austria, Finland, Sweden (15)
2004
Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia (25)
2007
Bulgaria, Romania (27)
2013
Croatia (28)
Suspension of Member State
Art. 7 TEU
: suspend
voting rights
for serious and persistent breach of values in Art. 2 TEU
Austrian Crisis
: Center-right OVP invited extreme-right FPO (Freedom Party) to join government; all MS imposed bi-lateral sanctions
Why not use Art. 7? Legaly, cannot prove violation of human rights; Politically, F (Chirac) and B PM battling right-wing parties
Resolved: A signed human rights charter; 3 wise men = no risk in A
Hungarian Problem
: Could Art 7 TEU be used against Hungary b/c of changes by Orban government to the H Constitution and laws guaranteeing independence to banks, judiciary and freedom of media?
3 EU pressures
: (1)
age discrimination law suit
re: age of justices; (2) suspended
financial aid
to H; (3) Commission
investigated
national
budget procedures
to ensure H budget is balanced
Not use Art. 7 because (1) very high standard; (2) politically, other more important financial crisis issues; (3) better to isolate a country but keep it within the EU
Amending Treaties
Art. 48 TEU
: 2 ways to amend: (1) ordinary (2) simplified
Ordinary revision procedure
MS gov't, Parliament, or Commission submit proposal to Council
May
increase
OR
reduce

competencies
(
new
under Lisbon)
Council reviews; consults w/ Parliament and Commission
President of European Council convenes a
Convention
Composition: national governments (15), national parliaments (30), Parliament (15), Commission (1)
Conference of MS

representatives
(Council President convenes)
If after 4 yrs
80% MS
have
ratified
, then refer matter to Council
Simplified revision procedure (added by Lisbon)
MS gov’t, Parliament, or Commission submit proposal Council
Limited to
revising all or part of Part Three of TFEU
Council can
amend
Part 3 of the TFEU
alone
,
cannot increase competencies
, and may adopt
all or part
of proposal
Council consults w/ Parliament, Commission, and Central Bank (monetary changes); Council must act
unanimously
EIF if
all MS approve
according to national procedures
Treaty on Stability, Coordination, and Governance in Economic and Monetary Union
Purposes
: foster
budgetary

discipline
via
fiscal

compact
to address sovereign debt crisis
Prevent deficits
; safeguard
stability
of
Euro
; “
Balanced Budget Rule
”, Automatic mechanism for corrective action
Gov’t
deficit
not to exceed
3% of GDP
Debt
should not exceed
60% of GDP
25 countries; UK, CZ, Croatia not signatories
UK vetoed adoption as EU treaty, so MS adopt as
international treaty
instead
European institutions being empowered outside of EU law
Comments:
Council focusing on European health as a whole (not just of Italy, Greece, or Ireland)
Goal: “
closer fiscal union
” and “
high visibility plan
” (signal to Central Bank)
Accession Requirements
Art. 49
TEU: may apply if (1)
European State
that (2)
respect
values of
Art. 2
and (3) committed to promoting them
Apply to Council, which consults w/ Commission and acts unanimously after receiving consent from Parliament (majority vote)
Copenhagen Criteria
:
Satisfy
Art. 49
;
Stability of institutions guaranteeing
democracy
, the
rule of law
,
human rights
, respect for and
protection
of
minorities
Existence of a
functioning market economy
Capacity to
cope
with
competitive pressure and market forces

Accepts political, economic, and monitary obligations of EU
Absorption Capacity
- European Council 2006
Pace of enlargement must be taken into account; European Council favors involvement of EU citizens (reaction to reluctance re future expansion)
Step 1: act of accession; Step 2: chapters & benchmarks; Step 3: systemic monitoring
European Parliament
Represent the People:
Directly elected
by EU citizens every
5 years
# MEPs
based on
population
(b/w 6 & 96)
MEP grouped by
political affiliation
Role:
Debating
and
passing
EU
law
(w/ the Council)
Scrutinize institutions (COM); ensure democracy
Debate and
adopt
EU
budget
(w/ the Council)
Growth of power
"co-decision" extended to "
ordinary legislative procedure
"; cover more policy areas (agriculture, energy, immigration, EU funds)
European Council
Summit of EU heads of state
2x every 6 months
; began in 1974; formalized 1992; official institution in 2009
Role: sets
general political direction and priorities
No power to pass laws
Includes Commission President, Council President (meeting chair), and HiRep for FA&SP (don't vote)
Voting:
usually

consensus
(majority), but Treaty may require unanimity or qualified majority
Meets in Brussels. May call special meetings.
Provides direction to Commission
Greater role since financial crisis
1965
Empty Chair Crisis
(majority voting; de Gaul opposed);
Luxembourg Compromise
(veto); SEA removed the veto.
Council of the EU
"The Council" or "EU Council"
Role:
Pass
EU
laws
(w/ Parliament)
Coordinate
economic policies
of MS
Signs
agreements
b/w EU and
3rd countries
Approves
annual EU
budget
(w/ Parliament)
Develops EU
foreign and defense policy
Coordinates cooperation b/w MS courts and police
Composition:
No fixed members
; MS send ministers for policy being discussed at each meeting (
10
council
configurations
)
Council meetings
chaired
by minister holding the EU Presidency (except foreign ministers council)
Voting: normally
qualified majority
(majority w/ 260/352 votes cast)
MS may ask to verify vote represents
62% Union population
Unanimous
voting for
sensitive topics
(security, taxation)
Double majority
voting in
2014
European Commission
Purpose: represent
interests of EU
as a whole
Propose new laws to Parliament and Council
Manage
EU's
budget
; allocate funding
Enforce
EU
law
(along with ECJ)
Represent
EU
internationally
(i.e. negotiate contracts)
Composition
College of Commissioners
(28);
5-yr terms
President assigns
each Commissioner a
portfolio
European Council

nominates President
;
Council appoints
other
Commissioners
in agreement
w/ President
Parliament approves appointment of all Commissioners
Parliament
has sole
power
to
dismiss
the
Commission
Directorate General (
DG
) runs day-to-day
Court of Justice of the EU
Composition:
1
judge
per MS (
28
);
9
advocates general (
AG
);
6-yr terms
3 courts: Court of Justice, General Court, Civil Service Tribunal
Jurisdiction:
ECJ:
Preliminary rulings
(ask court to interpret EU law)
Action for
failure to fulfill an obligation
(against EU MS)
Action for annulment
(EU law violates Treaty of fund right)
Action for
failure to act
(against an EU institution)
Direct action
(persons against EU decisions or actions)
General Court:
Direct action by natural or legal person
Actions by MS against Commission
Seek compensation for damages caused by EU or staff
Community trade marks
Civil Service Tribunal: 7 judges for EU civil servant issues
European Central Bank
Purpose
of ECB (Frankfurt, D):
Keep
prices stable
(keep inflation under control), especially in countries that use the
Euro
.
Keep the
financial system stable
– by making sure financial markets and institutions are properly supervised.
Works w/ 28 MS central banks (
Euro System of Central Banks
)
Eurosystem
- cooperation of 17 MS that use the Euro
Tasks
Set interest rates
; control
money supply
Manage
foreign

currency reserves
; balance
exchange rates
Help
supervise
financial
markets
and
institutions
Authorize
issuance
of
euro
banknotes
Monitor
price
trends
and
assess risk
Structure
Executive Board; Governing Council; General Council
Court of Auditors
Purpose:
Audits any person or organization handling EU funds to ensure tax payers get maximum value for money
Tasks:
Present "
annual discharge
" report to Parliament and Council
Court gives its opinion on EU financial legislation and how to fight fraud
Auditors
inspect
EU
institutions
, MS, and aid recipients
Composition:
1
member from
each MS
; appointed by Council (
6-yr. term
)
Members elect President from among themselves (3-yr. term)
Organization:
Staff of 800
; translators, administrators, auditors
Auditors divided into auditing groups
MS Vote Breakdown
29 votes: D, F, I, UK
27 votes: E, PL
14 votes: RO
13 votes: NL
12 votes: B, CZ, G, H, P
10 votes: A, BG, S
7 votes: CRO, DK, IRL, LT, SK, FIN
4 votes: CY, EE, LV, L, SI
3 votes: MT
352 total votes
Withdrawal from Union
Art. 50 TEU
Any MS may withdraw according to own constitutional requirements
Must notify European Council of its intent
Union negotiates an agreement with the withdrawing MW (Art 218(3) TFEU)
Negotiation concluded by European Council (qualified majority) after obtaining consent of Parliament
Is it possible to leave the EU?
De jure: yes; de facto: may be politically and economically impossible
Democratic Deficit
Preliminary Ruling
Full transcript