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

2. 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)

3. 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

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

5. 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

6. NUMBER OF SEATS PER POLİTİCAL GROUP (ELECTİONS 2014)

7. NUMBER OF MEMBERS ELECTED İN EACH COUNTRY (2014)
Austria
Estonia
İtaly
Portugal
Belgium
Finland
Latvia
Romania
Bulgaria
France
Lithuania
Slovakia
Croatia
Germany
Luxembourg 6
Slovenia
Cyprus
Greece
Malta
Spain
Czech Republic 21
Hungary
Netherlands
Sweden
Denmark
İreland
Poland
UnitedKingdom 73

8. 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)

9. 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

10. 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

11. 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)