Week 6: The institutional structure of the EU

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Presentation transcript:

Week 6: The institutional structure of the EU EU-LAW Week 6: The institutional structure of the EU

THE İNSTİTUTİONS AND OTHER BODİES (art 13 TEU) İNSTİTUTİONS 1. EUROPEAN PARLİAMENT (EP) 2. COUNCİL 3. EUROPEAN COMMİSSİON (COMMİSSİON) 4. COURT OF JUSTİCE OF THE EUROPEAN UNİON (ECJ or CJEU) + 5. COURT OF AUDİTORS (CoA) 6. EUROPEAN COUNCİL (EC) 7. EUROPEAN CENTRAL BANK (ECB) OTHER BODİES 1. ECONOMİC AND SOCİAL COMMİTTEE (ESC) 2. COMMİTTEE OF REGİONS (CoR)

FUNCTİONS OF GOVERNMENT The traditional division of the functions of government = SEPARATİON OF POWERS Legislative Executive Judicial Wihtin the EU no such division  roles of government are shared among the institutions

THE EUROPEAN PARLİAMENT (art. 14 TEU and artt.223-234 TFEU)

COMPOSİTİON AND FUNCTİONS (1) Originally: created by the ECSC Treaty in 1952 Consisted of 78 members = delegates nominated by the national parliaments Legislative role was extremely limited  forum for debate Today:composed of a maximum of 750 Members + 1 President Since 1979: democratic elections every 5 years in eachtMember State (directly elected) Represents the interest of the citizens of the EU, NOT of the member states MEP (Members of the EP) grouped together according to their political affiliations, rather than by nationality Monthly plenary sessions in Strasbourg Committee meetings and additional sessions in Brussels General Secretariat based in Luxembourg

NUMBER OF SEATS PER POLİTİCAL GROUP (ELECTİONS 2014)

NUMBER OF MEMBERS ELECTED İN EACH COUNTRY (2014) Austria 18 Estonia 6 İtaly 73 Portugal 21 Belgium 21 Finland 13 Latvia 8 Romania 32 Bulgaria 17 France 74 Lithuania 11 Slovakia 13 Croatia 11 Germany 96 Luxembourg 6 Slovenia 8 Cyprus 6 Greece 21 Malta 6 Spain 54 Czech Republic 21 Hungary 21 Netherlands 26 Sweden 20 Denmark 13 İreland 11 Poland 51 UnitedKingdom 73

LEGİSLATİVE ROLE of the EP (1) Legislative procedure: involves 3 of the institutions COMMİSSON: has the role of initiator and drafter of legislation COUNCİL: provide its assent before legislation can take effect PARLİAMENT: role has changed significantly over the years İnitially: CONSULTATİON Procedure Required that before legislation could be adopted, the EP was to be consulted BUT neither council nor commission was required to act on any opinions or proposals put forward by the EP BUT fialure to consult legislation declared void by Court of Justice (1982: Case138/79, Roquette Frères v Council: the isoglucose-case)

LEGİSLATİVE ROLE of the EP (2) Single European Act (1986): introducing CO-OPERATİON Procedure First extension of powers of democratically elected Parliament EP was able to ‘reject’ draft legislation, which the Council was subsequently only able to adopt by unanimous voting, rather than the qualified majority voting (QMV) NOT on equal footing with Council, BUT this procedure increased the influence of the EP Council and Commission should take into consideration the EP’s point of view NORM: Consultation Procedure ≠EXCEPTİON: Co-operation: limited in its application to relatively few areas

LEGİSLATİVE ROLE of the EP (3) Treaty of the EU: introducing CO-DECİSİON Procedure Further increasing the EP’s legislative powers Allows the EP to veto a proposed legislative measure (by absolute majority) Allows the EP to prevent the Council from passing legislation without its agreement NORM: co-operation procedure ≠ EXCEPTİON: co-decision: scope limited Treaty of Amsterdam and Treaty of Nice: extending the use of co-decision

LEGİSLATİVE ROLE of the EP (4) Treaty of Lisbon: Consultation procedure: remains but use is extremely limited Co-operation procedure: has been discontinued Art. 289 TFEU: introducing new procedures ‘ordinary’ legislative procedure: identical to the co-decision procedure in which EP has still status of co-legislator (with council) ‘special’ legislative procedure ‘consent’ procedure: is the former assent procedure, in which the EP must provide its assent by majority (rarely used)