1. Dr. Ronald H. van Ooik
University of Amsterdam
The EU Constitution
The European Union Explained: EU Constitution and Trade Policy Making
University of Ottawa, Faculty of Law, May 20-21, 2010

2. Overview of Topics I. Structure EU after Lisbon
II. 7 Institutions after Lisbon: European Council, Parliament, Commission, Council, Court of Justice (and ECB and Court of Auditors)
III. Law-making in the EU: Competences, Decision Making, Consultations, Legal Acts

3. I. Previous Structure EU: the Famous ‘Three Pillars’
Overarching provisions
(Titles I, VII en VIII of the EU Treaty)
First Pillar/
Community
Pillar
EC Treaty
Euratom Treaty
[ ECSC Treaty]
Second Pillar:
Common
Foreign
and
Security Policy
(CFSP)
(Title V EU Treaty)
Third Pillar:
Police and
Justice Cooperation in
Criminal Matters
(PJCC)
(Title VI EU Treaty)

4. I. Current Structure EU – After Lisbon
“The Union shall be founded on”:
Treaty on
European Union
(TEU)
Constitutional/
institutional law
+ CFSP
Treaty
on the
Functioning
of the
European Union
(TFEU)
All other policy areas
Charter Of
Fundamental
Rights
of the EU
“Same legal value’ as
TEU and TFEU
Euratom

5. I. Structure EU: What’s in the TEU?
Values and aims of the EU
EU Competences: Principle of Conferral, Subsidiarity, Proportionality
Human Rights
Democratic Principles
The Institutions
Enhanced Cooperation
External Action and CFSP
Treaty Revision
Accession to the EU
Withdrawal from the EU

6. I. Structure EU: What’s in the TFEU?
Principles
Citizenship of the EU
Internal policies, e.g.:
- Internal Market: Free Movement and Competition
- Agriculture and fisheries
- EMU
- Social policy, environment, public health, etc.
- ‘Area of Freedom, Security and Justice’
EU external action (but socioeconomic)
Institutions and Finances

7. I. Structure EU: What’s in the Charter?
Dignity
Freedoms
Equality
Solidarity
Rights EU Citizens
Justice
General provisions, notably relation to ECHR

8. II. Institutions: European Council
Heads of State or Government + President Commission + (since Lisbon) its own President = Herman Van Rompuy
President European Council: coordinating and stimulating role + represents EU externally in CFSP matters ‘at his level’
European Council defines ‘general political directions and priorities’
= Turkey candidate membership?; single currency?; a European migration policy?; etc.
* Decides by consensus, unless QMV or simple majority

9. II. Institutions: European Parliament
Directly elected since 1979, representatives of ‘the Union’s citizens’, no more than 750 MEPs
Main Tasks
- The EU legislator, together with Council
(under the ‘ordinary legislative procedure’; though sometimes still EP consultation or EP assent)
- Budgetary authority, together with Council
- Political control over European Commission
(approval President and entire Commission; make the Commission resign ‘as a body’)

10. II. Institutions: Council of Ministers
Representatives of the governments of the Member States
Main Tasks
- The EU legislator, often together with EP
- Budgetary authority, together with Council
Voting in the Council: by QMV, unless by unanimity or by a simple majority (of its members)
Definition of QMV always a very controversial issue 

11. II. Institutions: Council of Ministers
Until 1 November 2014 the ‘old’ system of weighted votes
- Each MS a certain number of weighted votes. (see the list in ‘Europe in 12 lessons’, p. 18)
- 255 votes out of 345 weighted vote needed to reach a QMV ( = 74%)
As from 1 November 2014
- at least 55% of the members of Council (minimum 15) and
- representing at least 65% of the EU population
- blocking minority at least 4 members Council

12. II. Institutions: European Commission
Independent and impartial, serve the ‘general interest of the Union’
Nevertheless….
Currently 27 members  Lisbon: as from 1 November 2014: 2/3 of number of Member States  ‘Irish coup’: ‘We want to keep our own commissioner’

13. II. Institutions: European Commission
Most important tasks of the EC
Initiator legislative process: exclusive right of initiative (EP and Council decide)
Its own decision-making powers; delegated acts and implementing acts  Commission is daily management board/executive of the Union
External (economic) relations: negotiating, though Council concludes the CETA EU-CA
Supervisory tasks
- imposing fines on undertakings for breach competition rules
-bringing Member States before the ECJ

14. II. Institutions: Court of Justice of the EU
The Institution ECJ (in Luxemburg)
- Court of Justice
- General Court (Court of First Instance)
- Specialised Courts
27 judges, appointed for 6 years, independent and impartial
Do not confuse with the European Court of Human Rights (Strasburg)

15. II. Institutions: Court of Justice of the EU
Its tasks/jurisdiction
I. Dispute settlement in direct actions
- Action for infringement of EU law:
Commission  Member State
- Action for annulment of EU legislation
Member States, Institutions, Individuals  Institutions
II. Preliminary rulings
See next slide
III. Other heads of jurisdiction
- Opinions on draft agreements EU-third countries

16. II. Preliminary Reference Procedure (Art. 267b TFEU)
Primary Union law: Interpretation
Secondary Union law: Interpretation and validity
National laws of the Member States
European Court of Justice
Supreme courts
National courts of the Member States
Subordinate courts
Member State
Individual
Individual

17. III. EU Law-making: Competences
Attribution of (specific) powers  in search of an appropriate legal basis for EU legislation
Use of (existing) powers
- Principle of subsidiarity: Is it really necessary that the EU exercises its competences?
- Principle of proportionality: EU action should not be too intense/detailed

18. TFEU, with numerous legal bases:
III. EU Law-making
TFEU, with numerous legal bases:
Art. 43:
‘Agriculture
and fisheries’
Art. 207:
‘trade agreements’
Art. 114:
‘Internal market’
Art. 192:
‘environment’
Regulation
Secondary level: Basic acts of Council and EP
Directive
Proposal
Commission
Decision
Tertiary level: delegated and implementing acts
Commission

19. III. EU Law-making: Consultations
* By Commission, on draft proposal
* Through European Economic and Social Committee
- representatives of ‘civil society’
* Through Committee of the Regions
- representatives of local and regional governments
* A more intense role in the field of EU social policy

20. III. EU Law-making: Legal Acts
Most important legal acts:
* Regulation
- general application, binding, directly applicable in all member states
* Directive
- general application, binding as regards the result  Diretives must be implemented into national law of the Member States
* Decision
- binding, usually one specific addressee (Member State or company)
But many other types of legal acts:
opinions, action programmes, also international agreements to which the EU is a party