2 Learning ObjectivesTo outline the brief history of the EU and the two treaties setting out its rules.To state the four EU institutions and describe their roles.To be state and describe the two functions of the European Court of Justice with supporting case law.
3 Brief History The UK joined the European Economic Community 1/1/73. The name ‘European Union’ was introduced by the Treaty of European union in 1993.In 2009 the Treaty of Lisbon restructured the European Union, the two treaties setting out its rules are:TEUTFEU
4 EU Institutions The EU is made up of 4 institutions: European Parliament (EP)EU CommissionCouncil of MinistersEuropean court of Justice (ECJ)
5 Executive= Government Legislative= Parliament Judicial= Judges Sovereignty= Supreme legal authorityDegressive Proportionality= Distribution of seats according to population.TERMINOLOGY
6 European Parliament-Structure 785 members of the EP called MEPsElected every 5 years in their member statesAllocated seats in proportion to their country population (degressive proportionality)May join a political party or remain independentCo-decides laws on education and culture
7 That means they have power to: Contributes to passing of EU lawExercise democratic supervision over the other institutions (C)Shares control of the EU budget.That means they have power to:Reject Commissions’ proposed EU budgetHold the Commission and Council of Minsters accountableDismiss the whole Commission
9 EU Commission 27 independent commissioners who work for good of the EU Political body who propose ideas to Parliament and Council and initiate new laws-the legislative arm‘Guardian of the Treaties’ and ensure Member States comply with EU obligations.
10 Council of Ministers Main decision-making body Membership varies depending on the topic discussed;E.g. Farming matters – minister for rural affairs will attendRepresent national interestsCommissionEU InterestsCouncil of MinistersNational Interests
11 Note...The European Council Although not an institution , 2-4 times a year the presidents or PM’s of the member states along with the president of the EC meet at the European Council.These meetings are known as summits and set overall EU policy.They also resolve issues from the Ministers.
12 European Court of Justice- Structure Ensures legislation is applied and is consistent.Based in LuxembourgOne judge from each member state assisted by 8 Advocates General (Lawyers)Grand chamber of 13 judges for efficiencyAssisted by the Court of First Instance
13 The ECJ has 2 functions. Judicial Functions: Supervisory functions: Hears cases from Member StatesIf found to be at fault the MS must change their practiseNon-compliance could incur a fineRe Tachographs: The commission v UK (1979)Supervisory functions:Preliminary ruling procedure, ensures consistencyAsked for advice by national courts (preliminary ruling) which helps the court to decide the case.Marshall v Southampton area Health Authority (1986)Bulmer v Bollinger (1974) set the guidelines for referrals.
14 Has parliament lost its sovereignty since joining the EU?
16 Quiz What case illustrates the judicial role of the ECJ? What case illustrates the supervisory role of the ECJ?Why did the whole Commission resign in 1999?What are the two roles of the commission?How many Advocates General are there, and what do they do?If the Commission initiates new laws – what does the Council of Minsters do?Does the EP have the power to dismiss the whole Commission?
17 Answers Re Tachographs: EC Commission v UK (1979) Marshall v Southampton Area Health Authority (1986)Over sleaze allegationsInitiator of new laws / Guardian of the treaties8 Ags and they support judges in ECJ (research cases sent to court and produce written opinions)Decides which of the Commissions proposals should be made into lawYes