EU Insitutions Part II

Contemporary Europe

The European Institutions

POLS 208 European StudiesEuropean University of Lefke

EU Institutions


The Big 5

European Commission – develops proposals for new laws and policies

Council of Ministers – takes decisions along with the

European Parliament

Court of Justice – ensures laws and policies meet the terms and the spirit of of the treaties

European Council – brings the leaders of the MS together at periodic summits

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European Commission

It is the executive – bureaucratic arm of the EU

Develops proposals for new laws and policies

Overseas the execution of those laws & policies

Promotes the general interests of the EU

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European Commission

Located in Brussels

Regional cities around the EU

National capitals

The most supranational

Driving force behind key EU policy initiatives

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European Commission

Commission is the most misunderstood (expensive, big, powerful, meddles in the internal affairs, leaders not elected, too little public accountability) and criticism: often misguided:

- Just under 40,000 staff members (only 2/3 work actively on policy)

- Administrative costs account for just over 2% of EU budget

- Not particularly powerful: less decision making than a servant for the MS (Council of Ministers & European Parliament)

- Though not elected, they are nominated by elected nat’l gov’t leaders and confirmed by the EP

- Its record no worse than that of nat’l bureaucracies, relies heavily on outside input

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European Commission

The Commission is headed by a College of Commissioners (28 members – five-year term, after EP election)

Each Commissioner has a portfolio

All commissioners collectively make final decisions on which proposals to send for approval

They are nominated by their nat’l gov’ts

Nominees discussed with the Commission’s president and must be acceptable to other gov’ts and the EP

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European Commission

President: the most dominant and visible, the President:

-can influence the appointment of other commissioners

-has sole power over distributing portfolios

-drives the agenda

-can launch new policy initiatives

-chairs meetings of the College

-can reshuffle portfolios mid-term

-represents the Commission in dealings with EU and nat’l gov’ts

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European Commission

Few formal rules of how the President is appointed

Normal procedure: leaders of the MS decide the nominee at the EC held in June before the term of the incumbent Commission ends

Someone who is acceptable to all & can win confirmation by the EP

Appointed for renewable 5-year term

Someone with strong character and proven leadership

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European Commission

The most influential: former French Economy Minister, Jacques Delors (1985-94), centralized authority, firm ideas about a strong and federal Europe, championed the single-market and the single-currency programmes

Succeeded by Jacques Santer (former prime minister of Luxembourg), the Santer College resigned en masse in Jan.1999

Italian prime minister Romano Prodi (the passage of the treaties of Amsterdam and Nice, the fallout over Iraq, arrival of the euro, the holding of the constructional convention and the 2004 enlargement

Jose Manuel Barosso (incumbent prime minister of Portugal) who had to deal with public apathy towards the EU, improving US relations, the collapse of the consitutional treaty and the global crisis. He was confirmed to a send term.

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European Commission

Bellow the College, the Commission is divided into 38 directorates-general (DGs) and services

Every DG: tied to a commissioner, has own director-general, deals with specific area of policy

Commission also works with:

-a series of several hundred advisory, management, & regulatory committees (made up of nat’l government officials: a phenomenon called comitology)

-expert committees made up of nat’l officials, specialists, corporate and special interest groups

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European Commission

Commission’s genera task: to ensure the EU policies are advanced in the light of the treaties:

-Powers of initiation: makes sure the principles of the treaties are turned into law and policies (proposals can come from various sources). Proposals are then drafted by one of the DGs, discussed with other DGs and outside parties. Drafts reach the College, which can accept or reject them, send back for redrafting, or defer making a decision. Once accepted, proposals are sent to the Parliament and Council of Ministers for decision (length of the process: from months to several years)

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European Commission

Powers of implementation: once a law or policy is accepted, it makes sure it is implemented by the MS. No direct power, but works through nat’l bureaucracies to collect information, issue written warnings, take MS/corporation/individual to the Court of Justice

Commission also adds pressure by publicizing progress on implementation

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European Commission

Act as the conscience of the EU: it is expected to rise above nat’l interests and represent & promote the general interest of the EU.

It is expected to smooth the flow of decision making by mediating disagreements between or among MS and other EU Institutions.

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European Commission

Management of EU finances:

-It makes sure that all revenues are collected

-Plays a key role in drafting and guiding the EU budget through the Council of Ministers and Parliament

-Administers EU spending

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European Commission

External relations:

-It represents the EU in dealings with int’l organizations (UN/WTO)

-It is a key point of contact between the EU and the world

-Vets membership applications

-Overseas negotiations with applicants

As of 2010, the European External Action Service took over some of the Commission’s responsibilities (run the overseas delegations)

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European Commission

The Commission: at the core of EU integration

It has been a productive source of initiatives for new laws and policies

More accessible than the Council of Ministers

No formally independent powers, does no more than it is allowed by the treaties

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The Council of Ministers

It is the key decision-making arm of the EU

Shares the responsibility with the EP

One of the least-known of the EU institutions

One of the most intergovernmental institutions

While the Commission can only propose it is up to the CoM and the EP to dispose

CoM and the EP are the “co-legislatures” of the EU

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Formally known as the Council of the European Union

It consists of national gov’t ministers

Meet in one of the 10 technical councils (or ‘configurations’), the membership depending on the topic of discussion

The most important: the General Affairs Council (GAC), it prepares & follows up on meetings of the European Council

Foreign Affairs: EU foreign ministers to deal with external relations & trade issues

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Economic and Financial Affairs Council (Ecofin)

Agriculture and Fisheries Council and so on…

The relevant EU Commissioner will also be present, makes sure the Council does not lose sight of broader EU interests

The GAC, Ecofin and AFC meet monthly, others two to four times each year

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National interests in the Council are further protected & promoted by Permanent Representations, or nat’l delegations of professional diplomats (like embassies to the EU)

They meet regularly in the Committee of Permanent Representatives (Coreper) (play a critical role in EU policy making):

-It acts as link between Brussels and the MS

-Conveys views of the nat’l gov’ts

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-Keeps the capital in touch with the developments in Brussels

-It prepares the Council agendas

-Overseas the committees & working up parties set up to sift through proposals

-Decides which proposals go to which council

-Makes decisions on which proposals will be accepted and which wil be left for debate by Ministers

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Overall direction to the Council and Coreper is given by the presidency of the Council of Ministers

It is held by a member state (not an individual)

Every EU MS has a turn at holding the presidency for a spell of six months (January and July)

The MS sets the agenda, arranges and chairs meetings of the CoM

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Advantages and disadvantages of the rotating presidency

-It allows MS gov’ts to convene meetings and launch initiatives on issues of nat’l interest

-Brings those issues to the top of EU agenda (if they do well, they earn prestige and credibility)

-It helps make the process of EU integration more real to their citizens

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-As EU grew, so did the workload of the presidency, thus smaller states struggle to offer the necessary leadership

-Incumbent presidency by …?

-As membership of the EU expanded, so did the cycle of presidency: 6 founding states, each had a turn at the helm once every three years, but with 27 members the rotation grew to thirteen and a half years

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2009, to rectify the lack of coordination the treaty of Lisbon introduced the rotating presidency:

Three successive presidencies, known as presidency trios cooperate for an 18-month period to provide continuity by sharing common political programmes

The 2013-2014 trio consists of Ireland (1st Jan – 30th June 3013), Lithuania (1st July – 31st December 2013) and Greece (1st Jan to 30th June 2014). Next trio will be Italy, Latvia and Luxembourg

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Once the Commission proposes a new law, it is sent to the Council of Ministers & the Parliament for debate, final decision on adoption or rejection

Complex proposals first go to one or more specialist Council working parties (look over proposals in detail, identify points of agreement & disagreement, respond to amendments’ suggestions made by the EP)

The proposal then goes to Coreper (looks at the political implications, clarifies as many remaining problems, ensures, meetings of Ministers is quick & painless)

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The proposal then moves to the relevant Council for final decision

Unanimity was once required, votes are rarely called (2 options: simple majority - for procedural issues, and QMV Qualified Majority Vote for other isses)

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Under the QMV:

-Each minister is given several votes roughly in proportion to the population of their MS, for a total of 345

-To be successful a proposal must win minimum 255 votes and the support of at least 14 states (who are collectively home to 63% of EU’s population)

-The arrangement reduces the power of big states and encourages them to form coalitions

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As of November 2014, the qualified majority will be 55 % of the Council’s votes, from 15 member states containing at least 65% of EU’s population.

A blocking minority may be formed comprising at least four members of the council or states representing minimum 35% of EU’s population plus one state



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Once a proposals is voted it goes to the EP and the two may pass it back and forth, with amendments, as many as three times.

In case of failure, the proposal is sent to a Conciliation Committee of 28 reps from each institution and a Commission staff

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The working terms of the CoM are under the form of:

-Compromise

-Bargaining

-Diplomacy

National Interests prevail, ministers often are political figures, motivated by nat’l interests whose views are ideologically driven

Their authority depends, partially, on the strength and stability of their governing party

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The European Parliament

The EP is the quasi-legislative arm of the EU:

-Cannot introduce laws

-Raise revenues

-Shares the tasks of amendment and decision

-It is drecitly elected by voters (since 1979)

-The most democratic of all

-Has used its powers to play more active role in the running of the EU

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It has been entrepreneurial in suggesting new laws & policies to the Commission, where it once only reacted.

It has won more powers to amend laws & check the activities of other institutions (more equal standing with the CoM)

It is the only directly elected international legislature in the world

Has a single chamber, 766 MEPs are elected by universal suffrage

Renewable 5 years term

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Number of seats divided up among the MS on the basis of population (Germany: 99 / Malta: 6)

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This formula means that:

-Bigger countries are under-represented (Germany, Britain and France have 1 MP per 835,000 to 845,000 citizens)

-Smaller countries are over-represented (Belgium, Hungary, Poland, Portugal have 1:425,000 / Malta, Luxembourg have 1:80,000)

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Parliament Buildings divided amongst three cities:

-Administrative headquarters – Luxembourg

-Parliamentary Committees – meet in Brussels 2 to 3 weeks / month

-Parliamentary Chamber – Strasbourg, MEPs meet for plenary sessions 3-4 days / month

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The EP is chaired by a President: elected by the EP for renewable 5-year term

-Presides over debates during plenary sessions

-Decides which proposals to go to which committees

-Represents the EP in relations with other institutions

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The President comes from majority political group, but since no party or group has ever won one, a semi-permanent arrangement has been worked out (the job is rotated between 2 major groups: conservatives/socialists)

The President works with the chairs of the different groups in the Conference of Presidents (it draws up the agenda for plenary sessions and overseas the work of parliamentary committees.

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The EP has 20 standing committees and a variable number of temporary committees (like most nat’l legislatures)

They meet in Brussels to consider legislation and carry out parliamentary inquiries

The committees vary in size & have their own hierarchy

The most powerful being those dealing with the environment and the budget

Seats distributed according to: balance of party groups, seniority of the MEPs, and national interests (more Irish &Polish MEPs on the agriculture committees)

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Several changes to parliamentary rules (due to concerns of preserving powers over decision making in the CoM):

-Initially, consultation procedure – allowed to give a non-binding opinion to the CoM (now rarely used)

-The SEA introduced the cooperation procedure – Parliament was given the right to a second reading for certain laws

-Maastricht created the codecision procedure – given a right to a third reading on bills (equal authority with the CoM)

-Lisbon made the ordinary legislative procedure – now standard approach to law-making (equal powers with the CoM)

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In addition to these legislative powers, Parliament also has joint powers with the CoM over fixing the EU budget (the budgetary authority)

-Renew the annual budget draft (sent by the Commission)

-EP can ask for changes in the budget

-Ask for new appropriations for places not covered

-Reject the budget (with 2/3 majority)

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-Under the consent procedure, the support of Parliament is needed for the accession of new members

-& Conclusion for int’l agreements by the EU

-Parliament also has several supervisory powers over the EU institutions

-Also, approve the president of the Commission and the College of Commissioners

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-The most substantial power of the EP is to force the resignation of the College of Commissioners through a vote of censure (with 2/3 majority)

e.g. Santer Commission (charges of nepotism and mismanagement) and 2010 Nominee Rumiana Jeleva

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EU Insitutions Part II