Week 9: The institutional structure of the EU EU-LAW Week 9: The institutional structure of the EU

The COMMİSSİON

İNTRODUCTİON Once called «High Authority» Position within EU has varied considerably during its lifetime Position in the institutional balance suffered as a result of the increased power enjoyed by the EP 1999: resignation en bloc as a result of alegations of malpractice But still: EU integration could not have been achieved without its imput as motivator, monitor and negotiator

THE COMPOSİTİON (1) Comprises 28 Commissioners: 1 from each Member State Appointed for a renewable perion of 5 years Must be EU citizens Must be independent: not take any instruction from any government or oher body Must act only in the interests of the EU Appointed under a procedure involving the Member States, the President of the Commission an the EP When commissioner fails to fulfill the conditions of hisher appointment May be required to resign by the President of the Commission OR EP may also dismiss the Commission en bloc

THE COMPOSİTİON (2) Members: Election of the President: The High Representative of the Union for Foreign Affairs and Security Policy Election of the President: First consultation of the EP Proposition of the President from among the commissioners by the European Council Formally election by the EP President  İnfluential post:why? Chair Commission meetings Attend meetings of the European Council Represent Europe at international summits The High Representative: Vice President in the Commission proposed by the European Council Appear before the EP for questioning EP has to vote for the approval

THE FUNCTİONS Representing interests: EP: citizens of Europe Council: Member States Commission: the EU as a whole Art 17 TFEU: the Commission must promote the general interests of the Union and take appropriate initiatives to that end Commission is divided into «directorates-general (DGs)» Each headed by a director-general  reports to the Commissioner who is responsible of that DG Divided by subject: industry, education,... Each Commissioner is supported by a cabinet Total staff of commission: approximately 25.000

LEGİSLATİVE ROLE (1) First role: Has a central role in the EU legislative procedure as «initiator of draft legislation» Produce draft legislation Sends it to council and EP for their consideration/approval Second role: amending legislative proposals in circumstances where Council/EP failed to provide an agreement Reacting to amendments suggested by Council/EP Many of the proposals for legislation is direct result of Council requests or EP requests

LEGİSLATİVE ROLE (2) Publishes an annual programme outlining its legislative plans and listing legislative priorities for that year Called the «motor for integration»: İnvolvement in the development of policy F.e. Commission’s White Paper entitled Completion of the İnternal Market  significant in the shaping of the SEA Also power to act alone in the making of EU legislation (in limited circumstances) Also the Council may delegate legislative powers to the Commission (again in limited circumstances)  comitology procedure

ADMİNİSTRATİVE ROLE happens largely at national level Once legislation is enacted  must be implemented Once policy made  must be put into effect happens largely at national level But Commission has a supervisory position ensuring that the appropriate Member States’ agencies comply Commission manages the EU’s annual budget, including a number of funds European Social Fund European Agricultural and Guarantee Fund Commission has also a central role in Union’s external relations Role as negotiator of trade and co-operation agreements with countries or groups of countries outside the Union Represents the EU at the United Nations

SUPERVİSORY ROLE Commission has a number of supervisory (or quasi-judicial) functions Art 258 TFEU: power to investigate, and bring before the CJEU, any Member Statein breach with the EU obligations Seen very much as a last resort : first consultation and negotiation İmportant role in ensuring that EU Competition rules are followed F.e. A firm that attempts to distort trade within the EU may find itself in breach with EU law Commission has power to investigate possible breaches Provide formal decisions when there is an infringement İmpose fines against wrongdoers İvestigative and forensic powers of the Commission may be subject to judicial review And of course: action of annulment

The COURT OF JUSTİCE OF THE EU

İNTRODUCTİON EU is founded on the rule of law  acceptance by Member States of the binding nature of it’s rules is fundamental Originally: «European Court of Justice (ECJ)» November 1989: etsablishment of the Court of First İnstance (CFİ)  assisting the ECJ Treaty of Lisbon: «Court of Justice of the European Union (CJEU)» Court of Justice General Court (GC)  former CFİ ‘specialised courts’ CJEU: sits in Luxembourg Rules of ‘precedent’ do not apply to the CJEU BUT still tended to follow its past decisions

COMPOSİTİON (1) İs made up of a number of personnel including Judges: act as decision-makers Advocates-General (AGs): assist the judges by delivering non-binding written opinions Each court has a President and a Registrar Number of judges dependent on the number of Member States: 1 judge per State For a period of 6 years, renewable every 3 years TEU and TFEU: judges must be persons whose independence is beyond doubt Are independent of any government of interest group Deliberations are secret but single ruling being delivered by the Court rather than individual judgements from each judge

COMPOSİTİON (2) TFEU: Qualifications of the judges Possess the qualifications required for appointment to the highest judicial offices in their respective countries, or Who are jurisconsuls of recognised competence All appointments by Member States, following consultations of former Court judges The Court has 8 AG’s: rules of appointment and qualifications are the same as those for judges Art 254 TFEU: The number of judges in the General Court also include at least 1 judge from each Member State This number may be increased Also assisted by AGs

FUNCTİON AND JURİSDİCTİON Art 19 TEU: role of the CJEU ‘ensure that in the interpretation and application of this Treaty the law is pbserved’ Various actions before the court: Direct actions: Brought by the Commission against MS accused of failing to fulfill their EU obligations Brought by the İnstitutions or individuals wishing the challenge the validity of legally binding acts of the EU Preliminary rulings: Requests by national courts requiring the Court to either interpret EU law or rule on its validity (if they have a case before them that resolves on a point of EU law)