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![THE EUROPEAN COUNCIL
• CLEARLY an intergovernmental institution
• NOT TO be confused with the Council of Ministers
(see above) or the Council of Europe (another
European [but not EU] organisation)
Dr Anne Thies, University of Reading
14](https://image.slidesharecdn.com/institutionsandlaw-making2-221102022724-cf87ec5d/85/Institutions-and-Law-Making-2-pptx-14-320.jpg)
![EUROPEAN PARLIAMENT – MAIN
POWERS
• Increasingly strengthened role in the legislative
process
• Important budgetary powers
• Right to participate in the Commission’s appointment;
power to censure the Commission and require its
resignation
• Monitors the activities of the other institutions (e.g.
through asking questions)
• Need for EP consent to UK-EU agreement on Brexit
(Art 50
TEU)[https://www.europarltv.europa.eu/programme/eu
-affairs/the-european-parliament-and-brexit]
• ‘First half of 2018’:
https://www.europarltv.europa.eu/programme/eu-
affairs/parliament-s-first-half-of-2018-in-review
Dr Anne Thies, University of Reading
19](https://image.slidesharecdn.com/institutionsandlaw-making2-221102022724-cf87ec5d/85/Institutions-and-Law-Making-2-pptx-19-320.jpg)
![Law-making
• Default procedure since Lisbon Treaty? Ordinary
Legislative Procedure (OLP)
• Formal right of legislative initiative? Commission
• Approval of legislative proposals under OLP? Council
and EP
• Note: all of this requires EU competence conferred by
Member States!! [see lecture 7 on competence]
5 October 2018
Dr Anne Thies, University of Reading
27](https://image.slidesharecdn.com/institutionsandlaw-making2-221102022724-cf87ec5d/85/Institutions-and-Law-Making-2-pptx-27-320.jpg)
![Source:
http://ichef.bbci.co.uk/news/624/media/images/75858000/gif/_75858795_201
40625_european_commission_624.gif
[Note: (formerly known as) ‘co-decision’ is now part of ordinary legislative
procedure!]
Dr Anne Thies, University of Reading
28](https://image.slidesharecdn.com/institutionsandlaw-making2-221102022724-cf87ec5d/85/Institutions-and-Law-Making-2-pptx-28-320.jpg)
![And to conclude…
• Let’s do a quiz and log in at Kahoot.it….
• If you want to watch videos on EU institutions, see e.g.:
• https://www.youtube.com/watch?v=5fL9SPNRCrg
• https://www.youtube.com/watch?v=d0diZ48_q7U [please
note that Presidents, etc, have changed]
• http://www.bbc.co.uk/news/world-europe-23488006
Dr Anne Thies, University of Reading
30](https://image.slidesharecdn.com/institutionsandlaw-making2-221102022724-cf87ec5d/85/Institutions-and-Law-Making-2-pptx-30-320.jpg)
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Institutions and Law-Making 2.pptx
- 1. EU Law –Autumn Term EU LAW/ Foundations of EU Law 3 October 2019 Dr Anne Thies, University of Reading 1
- 2. Introduction • Next term:free movement of goods and persons => Introduction to substantive law • This term? • ‘Who’ is the ‘EU’? How does it function? • Challenges: Brexit, democracy, rule of law… • How is law made, and what is its effects in the Member States? • What role is there is for human rights in the EU? Relevant to better understand current Brexit debate – and for exam! • Exam related exercise (lecture) and formative assessment (tutorials) and academic tutor system Learn about EU law assessment and receive feedback! • Revision lecture Please make use of autumn term to get as far as possible with your exam preparation! Dr Anne Thies, University of Reading 2
- 3. Introduction • Who amI? • General rule: please feel free to ask questions any time in lectures, after lectures, email (a.thies@reading.ac.uk) or via padlet (https://padlet.com/a_thies/mb3gcb7mp3u0) • Office hours: Wednesday, 15:00-17:00 (room 1.24, Foxhill House) • Today: overview EU institutions and law-making • not ‘exam topic’ in itself • BUT: understanding EU institutions’ set-up and tasks will be crucial throughout term – and today’s Kahoot quiz at the end! Dr Anne Thies, University of Reading 3
- 4. EU Institutions and Law-making EULAW/ Foundations of EU Law Lecture 2 2 October 2019 Dr Anne Thies, University of Reading 4
- 5. Which institutions? • Focuson most important EU institutions (see for full list: Art. 13 TEU) • European Commission • Council (of ministers) (aka Council of the EU) • European Council • European Parliament (EP) • Court of Justice of the EU (CJEU) • European Court of Justice • General Court Dr Anne Thies, University of Reading 5
- 6. THE COMMISSION Dr AnneThies, University of Reading 6
- 7. THE COMMISSION -COMPOSITION • College of Commissioners (political level) • 1 Commissioner/MS = now 28 Commissioners • Do not represent their own State and their independence must be beyond doubt • Commissioners and their responsibilities: https://ec.europa.eu/commission/2014-2019_en • Commissioner from UK after referendum? Lord Hill (banking/finance) resigned, Julian King (security union) joined http://www.europarltv.europa.eu/en/player.aspx?pid=da5 3ef85-01d9-434b-adef-a67c00c0c9bc • The European civil servants (“Eurocrats”) (administrative level) • Around 33,000 Dr Anne Thies, University of Reading 7
- 8. THE COMMISSION • Supranationalinstitution – what does this mean? • Current Commission President is Jean-Claude Juncker (2014-2019); his powers include: • Working guidelines • Allocation of portfolios of Commissioners Dr Anne Thies, University of Reading 8
- 9. THE COMMISSION –SELECTED POWERS • Legislative initiative • Ensures the application of the Treaties and other EU law (under the control of the Court of Justice of the EU) • Brings actions against Member States (MS) in violation of EU law Dr Anne Thies, University of Reading 9
- 10. THE COUNCIL Dr AnneThies, University of Reading 10
- 11. THE COUNCIL • Composition:A representative of each Member State at ministerial level – NOTE: not a fixed body – a single institution but meets in different formations depending on the subject matter (see http://www.consilium.europa.eu/en/council- eu/configurations/) Dr Anne Thies, University of Reading 11
- 12. THE COUNCIL • Anintergovernmental institution – what does this mean?! • NOTE!!! Not to be confused with the European Council (another EU institution – see below) or the Council of Europe (a different European organisation, known for the ECHR) Dr Anne Thies, University of Reading 12
- 13. THE COUNCIL –SELECTED POWERS • Has to approve virtually all proposals in order to become law • (together with EP) major role in relation to the EU’s budget • Concludes agreements on behalf of the EU with third states or international organisations • Significant powers in relation to the Common Foreign and Security Policy (CFSP) - together with the European Council Dr Anne Thies, University of Reading 13
- 14. THE EUROPEAN COUNCIL •CLEARLY an intergovernmental institution • NOT TO be confused with the Council of Ministers (see above) or the Council of Europe (another European [but not EU] organisation) Dr Anne Thies, University of Reading 14
- 15. THE EUROPEAN COUNCIL •Composition: Heads of State or Government of the MSs, together with the European Council President and the President of the Commission. The High Representative of the EU for Foreign Affairs and Security Policy takes part in its work • Presidency: Since the coming into force of the Treaty of Lisbon it elects its own President for a period of 2 ½ years (renewable once). Current President: Donald Tusk (since December 2014) Dr Anne Thies, University of Reading 15
- 16. THE EUROPEAN COUNCIL •Role: • Important role in shaping EU policy/policy strategies, establishing the parameters within which the other institutions operate • Central to the development of the Union (including Treaty amendments) • Central in external relations and in the operation of the CFSP • Considers new accessions to the EU Dr Anne Thies, University of Reading 16
- 17. EUROPEAN PARLIAMENT Dr Anne Thies,University of Reading 17
- 18. EUROPEAN PARLIAMENT • Onlydirectly elected institution • Considerably strengthened over the years (esp. since Maastricht and, more recently, Lisbon) • Term of office: 5 years • Composition: • 751 MEPs • They sit according to political grouping, not nationality • 1 President (David Maria Sassoli) and 14 Vice-Presidents • 20 standing committees devoted to specific matters Dr Anne Thies, University of Reading 18
- 19. EUROPEAN PARLIAMENT –MAIN POWERS • Increasingly strengthened role in the legislative process • Important budgetary powers • Right to participate in the Commission’s appointment; power to censure the Commission and require its resignation • Monitors the activities of the other institutions (e.g. through asking questions) • Need for EP consent to UK-EU agreement on Brexit (Art 50 TEU)[https://www.europarltv.europa.eu/programme/eu -affairs/the-european-parliament-and-brexit] • ‘First half of 2018’: https://www.europarltv.europa.eu/programme/eu- affairs/parliament-s-first-half-of-2018-in-review Dr Anne Thies, University of Reading 19
- 20. COURT OF JUSTICEOF THE EU Dr Anne Thies, University of Reading 20
- 21. COURT OF JUSTICEOF THE EU • Not a strict system of precedent • Purposive/teleological approach to interpretation of EU law • One of the most ‘European-minded’ institutions • Single collegiate judgment – no separate concurring or dissenting judgments • Jurisdiction: Direct & Indirect actions • Court of Justice of the EU (CJEU) • European Court of Justice (ECJ) • General Court (GC) • Specialised courts (currently, civil service tribunal) Dr Anne Thies, University of Reading 21
- 22. COURT OF JUSTICEOF THE EU • ECJ • 1 Judge per Member State i.e. 28 judges • Term of office: 6 years • Assisted by 9 Advocates-General Dr Anne Thies, University of Reading 22
- 23. COURT OF JUSTICEOF THE EU • Jurisdiction (see later lectures for details) • Preliminary references • Enforcement actions brought by the Commission or Member States against other Member States • Sanctions for failure to comply with Court judgments • Judicial review of the acts of the EU institutions requested by other EU institutions • Appeals from the GC on points of law Dr Anne Thies, University of Reading 23
- 24. COURT OF JUSTICEOF THE EU • GC • Successor to the Court of First Instance (CFI) • 1 Judge/MS; i.e. 28 Judges • Term of office: 6 years • There is an appeal to the ECJ within two months’ from its decision Dr Anne Thies, University of Reading 24
- 25. COURT OF JUSTICEOF THE EU • Jurisdiction • Judicial review by non-privileged applicants for unlawful measures of EU institutions and action for non-contractual damages against the EU institutions (NB: no jurisdiction for actions by individuals against Member States!) • Actions by Member States against the Commission, the European Central Bank and the European Council (details: Art 256 TFEU; Art 51 Statute of the CJEU) Dr Anne Thies, University of Reading 25
- 26. COURT OF JUSTICEOF THE EU • How to find CJEU cases (i.e. judgments of ECJ/EGC/Specialised courts): http://curia.europa.eu/ Dr Anne Thies, University of Reading 26
- 27. Law-making • Default proceduresince Lisbon Treaty? Ordinary Legislative Procedure (OLP) • Formal right of legislative initiative? Commission • Approval of legislative proposals under OLP? Council and EP • Note: all of this requires EU competence conferred by Member States!! [see lecture 7 on competence] 5 October 2018 Dr Anne Thies, University of Reading 27
- 28. Source: http://ichef.bbci.co.uk/news/624/media/images/75858000/gif/_75858795_201 40625_european_commission_624.gif [Note: (formerly knownas) ‘co-decision’ is now part of ordinary legislative procedure!] Dr Anne Thies, University of Reading 28
- 29. Important conclusions so far…? •EU: no strict “separation of powers” principle • Pattern of institutional competence within the EU has not remained static (eg EP has more powers now) • Supranational and intergovernmental mechanisms in place -> why? Need to maintain balance between EU and Member State powers Dr Anne Thies, University of Reading 29
- 30. And to conclude… •Let’s do a quiz and log in at Kahoot.it…. • If you want to watch videos on EU institutions, see e.g.: • https://www.youtube.com/watch?v=5fL9SPNRCrg • https://www.youtube.com/watch?v=d0diZ48_q7U [please note that Presidents, etc, have changed] • http://www.bbc.co.uk/news/world-europe-23488006 Dr Anne Thies, University of Reading 30
- 31. FEEDBACK AND QUESTIONS? https://padlet.com/a_thies/mb3gcb7mp3u0 a.thies@reading.ac.uk DrAnne Thies, University of Reading 31
Editor's Notes
- #3 Important to understand what all these notions mean that you hear about in the media, such as: - ‘EU law prevailing over national law’ – what does that mean? In which scenarios? Who decides? - ‘Say of the Court of Justice’ – when exactly will the Court decide, and on what? ‘No say for Member States’ – what then is the role of Member States in the EU (institutions)? We will try to bring some further clarity on all these issues this term. We will disentangle -what exactly the role of these EU institutions is, -who, and on what basis the EU institutions ‘regulate’ -and with which effect for the domestic legal orders -when and how the Union Courts are involved in cases – and how that again affects the domestic courts’ role.
- #9 - Institutions exercise powers delegated by the Member States (-> Commission) - Pooling of sovereignty
- #13 - Member States cooperate on matters of common interest (Council, European Council) - Member States own process (but note: majority voting in Council on some issues => MS can be bound by majority’s decision)