1. INSTITUTIONS AND BODIES OF THE EU

2. INSTITUTIONS: The European Parliament – ”The Parliament”
The Council of the European Union  - “ The Council”
The European Commission – ”The Commission”
The Court of Justice of the European Communities – “The ECJ”
The European Court of Auditors
The European Council – ”The Summit”
ADVISORY BODIES:
The Committee of the Regions - COR
European Economic and Social Committee - EESC

3. LEGISLATIVE ROLES OF EU INSTITUTIONS AND BODIES
EUROPEAN COUNCIL
Setting of
parameters
COMMISSION
Drafting of
proposal
Consultation
Consultation
Pro po
sal
EUROPEAN
PARLIAMENT
ECONOMIC
AND
SOCIAL
COMMITTEE
COMMITTEE
OF THE
REGIONS
Consultation
Opinion
Opinion
EUROPEAN
PARLIAMENT
COUNCIL
Decision-making
PERMANENT
REPRESENTATIVES
COMMITTEE
WORKING PARTIES
Directive
Regulation
COMMISSION
Supervision of
enforcement
© Satu Pitkänen 2014

4. THE EUROPEAN COMMISSION
= The Commission
Acts for the common good of the EU
Supervises the interests of the Union
Consists of 23 Directorates-General (DG)
Comprises one national per Member State
The members are appointed for a 5 year renewable term
The nomination of the new Commission and its President is subject to the Parliament’s approval
The Parliament has the right to dismiss the entire Commission
José Manuel Barroso,
President
of the Commmission

5. THE COMMISSION (cont.) Legislative powers
Initiative monopoly => The only EU institution which can give a legislative proposal to the Council and the Parliament
The Commission can give recommendations and opinions on its own initiative
To implement the Council decisions it has been given powers of delegated legislation

6. THE COMMISSION (cont.) Administrative role
Supervisor of the EC law implementation
Wide powers to act especially within the scope of competition law
Duty to carry out decisions of the Council
Financial authority and responsibilities
Represents the EU regarding external relations
THE COMMISSION (cont.)

7. THE COUNCIL OF THE EUROPEAN UNION
= Council of Ministers
= Council
Represents national interests
Comprises representatives of the Member States’ governments
The Council presidency is held by each Member State in turn for six months
The main decision-making body of the EU
The Council configuration varies depending on the subject under discussion

8. THE COUNCIL (cont.) The General Affairs Council ensures consistency
The work of the Council is prepared by two Committees of Permanent Representatives of the Governments of the Member States
COREPER I
COREPER II
The Council meetings are convened by the Council President on his own initiative or at the request of a Member State
The meetings are not open nor reported to the public

9. THE COUNCIL (cont.) Decision making
The Council takes decisions based on the Commission proposals by
Unanimity
Qualified majority or
Simple majority

10. THE COUNCIL (cont.) Qualified majority threshold
From 1 Jan 2007:
1. Majority of Member States approve (in some cases a two-thirds majority);
2. Minimum of 255 out of the total 345 votes is cast in favour of the proposal, i.e %
3. There is a possibility for a member of the Council to request verification that the qualified majority represents at least 62% of the total population of the European Union

11. THE COUNCIL (cont.) The number of votes allocated to the Member States Germany 29 United Kingdom 29 France 29 Italy 29 Spain 27 Poland 27 Romania 14 Netherlands 13 Greece 12 Czech Republic 12 Belgium 12 Hungary 12 Portugal 12 Sweden 10 Austria 10 Bulgaria 10 Slovakia 7 Denmark 7 Finland 7 Ireland 7 Lithuania 7 Latvia 4 Slovenia 4 Estonia 4 Cyprus 4 Luxembourg 4 Malta 3 Total 345

12. THE EUROPEAN COUNCIL = Summit
Consists of the Heads of Government of the Member States and the President of the Commission
Meets at least twice a year
Has not the status of an institution in the Union
Has no legislative powers
Sets the pace and shape of Community policy
Establishes the parameters for the legislation process undertaken by the other institutions
Focuses for significant constitutional initiatives, works on conflict resolution and considers new accessions to the Community

13. THE EUROPEAN PARLIAMENT
785 members elected by the citizens of the Member States by direct universal suffrage every five years
The members represent political groupings
Parliament works by parliamentary standing Committees

14. THE COMPOSITION OF THE EUROPEAN PARLIAMENT The number of seats allocated to the Member States June 2004 – June 2009 Germany 99 United Kingdom 78 France 78 Italy 78 Spain 54 Poland 54 Romania 35 Netherlands 27 Greece 24 Czech Republic 24 Belgium 24 Hungary 24 Portugal 24 Sweden 19 Austria 18 Bulgaria 18 Slovakia 14 Denmark 14 Finland 14 Ireland 13 Lithuania 13 Latvia 9 Slovenia 7 Estonia 6 Cyprus 6 Luxembourg 6 Malta 5 Total 785

15. Parliament’s legislative powers
Assent Procedure
=> Council has to obtain the Parliament's assent before decisions are taken
Consultation Procedure
=> Parliament has an advisory role
Cooperation Procedure (being dismissed)
=> Parliament has postponing veto right
Co-Decision Procedure
=> Parliament has decisive power:
If the Parliament votes against the Commission initiative the proposal, after a conciliation procedure, lapses
Co-Decision Procedure is increasing in importance and gradually replacing the Cooperation Procedure
Full transparency is the principle in the parliamentary decision-making

16. CONSULTATION PROCEDURE
COMMISSION
Proposal
COR
ESC
EUROPEAN PARLIAMENT
Opinion
COUNCIL
Adoption of proposal

17. The areas covered by the consultation procedure are:
Police and judicial cooperation in criminal matters
Revision of the Treaties
Discrimination on grounds of sex, race or ethnic origin, religion or political conviction, disability, age or sexual orientation 
EU citizenship
Agriculture
Visas, asylum, immigration and other policies associated with the free movement of persons
Transport (where it is likely to have a significant impact on certain regions)
Competition rules
Tax arrangements
Economic policy
In some areas, such as taxation, the Council's decision has to be unanimous

18. CONCILIATION COMMITTEE
CO-DECISION PROCEDURE
COMMISSION
Proposal
COR
ESC
PARLIAMENT (First reading)
Opinion
COUNCIL
Council’s approval of all amendments by Parliament / no amendments
Instrument adopted or
Common position
PARLIAMENT (Second reading)
approval or no action
Amendment by absolute majority
Rejection by absolute majority
COUNCIL
END OF THE LEGISLATIVE PROCESS
Adoption of common position by qualified majority
COMMISSION
Parliament’s amendment
not accepted
Parliament’s amendment
accepted
COUNCIL
Adoption by qualified majority
Adoption only by unanimity
Amendments rejected
Agreement
CONCILIATION COMMITTEE
No agreement
Instrument deemed rejected
END OF THE LEGISLATIVE PROCESS
Outcome confirmed by the Council and Parliament (Third reading)

19. The areas covered by the co-decision procedure are:
non-discrimination on the basis of nationality
the right to move and reside
the free movement of workers
social security for migrant workers
the right of establishment
transport
the internal market
employment
customs co-operation
the fight against social exclusion
equal opportunities and equal treatment
implementing decisions regarding the European Social Fund
education
vocational training
culture
health
consumer protection
trans-European networks
implementing decisions regarding the European Regional Development Fund
research
the environment
transparency
preventing and combating fraud
statistics
setting up a data protection advisory body

20. Parliament’s supervisory role
Parliament’s approval is needed for the nomination of the new Commission and its President
Can dismiss the entire Commission
Direct political control over the Commission
Questions
Commission must publish a general report to be discussed in the Parliament
Adopts the Community budget and has the final say over the non-compulsory expenditure
Can set up temporary Committees of Inquiry
Receives petitions from EU residents
Appoints an Ombudsman to receive complaints Decision making

21. THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES
= the European Court of Justice
= the ECJ
The final arbiter on issues of European Community Law
27 Judges
8 Advocates-General
Appointed for a renewable term of six years
The working language is French, but applications can be filed in any of the official languages of the EU
The procedure: Written proceedings, investigation or preparatory inquiry, oral proceedings and judgment

22. Actions brought by “non-privileged” parties
THE COURT OF FIRST INSTANCE
= The CFI
27 Judges
No Advocates-General
Scope:
Actions brought by “non-privileged” parties
Actions in competition-related cases brought by the Commission
The CFI rulings can be appealed to the ECJ

23. JURISDICTION OF THE EUROPEAN COURT OF JUSTICE
DIRECT ACTIONS:
INDIRECT
ACTIONS:
RULING
ECJ 1.
Commission
2. Member
States
Court of First Instance
Reference - ruling
3. Individuals:
actions against EC institutions
National courts
and tribunals
RULING
Individuals
© Satu Pitkänen 2003

24. DIRECT ACTIONS
By the Commission against Member States for failure to fulfil EC Treaty obligations
By Member States against Fellow Member States for failure to fulfil Treaty obligations
By Member States, EC institutions or individuals to review the legality of acts by EC institutions
By Member States, EC institutions or individuals against EC institutions for failure to act

25. INDIRECT ACTIONS
The application is brought in the relevant Member State before a national court or tribunal which then refers to the ECJ
The ECJ gives its reference ruling which is implemented by the national court as a part of its comprehensive ruling on the case