European Union Law The Institutions

Learning Objectives To 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.

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: TEU TFEU

EU Institutions The EU is made up of 4 institutions: European Parliament (EP) EU Commission Council of Ministers European court of Justice (ECJ)

Executive= Government Legislative= Parliament Judicial= Judges Sovereignty= Supreme legal authority Degressive Proportionality= Distribution of seats according to population. TERMINOLOGY

European Parliament-Structure 785 members of the EP called MEPs Elected every 5 years in their member states Allocated seats in proportion to their country population (degressive proportionality) May join a political party or remain independent Co-decides laws on education and culture

That means they have power to: Contributes to passing of EU law Exercise democratic supervision over the other institutions (C) Shares control of the EU budget. That means they have power to: Reject Commissions’ proposed EU budget Hold the Commission and Council of Minsters accountable Dismiss the whole Commission

They elect a president: Martin Schulz

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.

Council of Ministers Main decision-making body Membership varies depending on the topic discussed; E.g. Farming matters – minister for rural affairs will attend Represent national interests Commission EU Interests Council of Ministers National Interests

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.

European Court of Justice- Structure Ensures legislation is applied and is consistent. Based in Luxembourg One judge from each member state assisted by 8 Advocates General (Lawyers) Grand chamber of 13 judges for efficiency Assisted by the Court of First Instance

The ECJ has 2 functions. Judicial Functions: Supervisory functions: Hears cases from Member States If found to be at fault the MS must change their practise Non-compliance could incur a fine Re Tachographs: The commission v UK (1979) Supervisory functions: Preliminary ruling procedure, ensures consistency Asked 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.

Has parliament lost its sovereignty since joining the EU?

Who Am I?

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?

Answers Re Tachographs: EC Commission v UK (1979) Marshall v Southampton Area Health Authority (1986) Over sleaze allegations Initiator of new laws / Guardian of the treaties 8 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 law Yes