Politics in the EU

European Union 1995 RUSSIA 1973 1973 2004 Founding members 1995 2013 2007 1986 1981 candidate candidate

Intro: What sort of project is the EU? Economic project: Single European Market -free movement of goods, persons, services, capital -competition policy: antitrust, state aid, mergers -customs union (CET) Economic and Monetary Union (17 EU-states) Cohesion policy Environmental policy Sectoral policies: Agriculture, Fisheries Trade Political project: Founding objective of creating stability Since 1990s: Common Foreign and Security Policy

European Union is mainly a regulator: Negative integration = deregulation taking away obstacles for trade (e.g. competition policy) Positive integration = setting common standards approximation of national legislation (e.g. environmental policy) < motivation: avoid distortion of free competition

INSTITUTIONAL FRAMEWORK OF THE EUROPEAN UNION                                                                

Contents: European Commission Council of Ministers European Council European Parliament Court of Justice

TWO FORMS OF INTERNATIONAL CO-OPERATION SUPRANATIONALISM decisions taken ‘above’ states states transfer part of sovereignty INTERGOVERNMENTALISM states have veto-right states maintain sovereignty

EUROPEAN UNION European Communities EC BEFORE LISBON JHA CFSP (Justice and Home Affairs) CFSP (Common Foreign and Security Policy) European Communities European Community Euratom European Coal and Steel Community (ECSC) expired 2002 EC 3rd pillar 2nd pillar (police cooperation & judicial coop. in criminal matters)

ONE INSTITUTIONAL FRAMEWORK Council of the European Union BEFORE LISBON EUROPEAN COUNCIL CFSP European Communities JHA Court of Auditors Court of Justice European Parliament European Commission Council of the European Union

THE EUROPEAN COMMISSION 1 Commissioner per member state

EUROPEAN COMMISSION José Manuel Barroso President Portugal

Competencies European Commission 1. Exclusive right of initiative (first pillar) 2. Executive functions Rule making Management of EU finances Implementation (indirect + direct) 3. Guardian of the Treaties 4. External representation of EU

Some Members of the European Commission… (one per member state / represent European interest) Joaquin Almunia Competition Catherine Ashton High Representative for FASP Vice-President of Commission Karel De Gucht Trade Viviane Reding Justice, Fundamental Rights and Citizenship Vice-President of Commission Stefan Füle Enlargement and Eur. Neighbourhood Policy Czech Republic

European Parliament elects President by majority Appointment procedure 1. President European Council proposes the President - QMV European Parliament elects President by majority 2. College of Commissioners Council + the President adopt a list of persons based on member states’ proposals President + High Representative + College get a vote of consent in the European Parliament Commission is appointed by the European Council with QMV

collective responsibility Decision making procedures European Commission Voting procedures: Consensus Simple majority Principle: collective responsibility Decision-making procedures: “model” route written procedure accelerated written procedure empowerment delegation

COUNCIL OF THE EUROPEAN UNION = Council of Ministers Main legislator, together with European Parliament Representing member states One country holds the presideny for 6 months Decide by weighted majority (= Qualified Majority Voting) High Representative for FASP Catherine Ashton (High Representative) Helle Thorning-Schmidt (Rotating Presidency 2012)

COUNCIL OF THE EUROPEAN UNION High Representative Presidency Secretariat COUNCIL OF THE EUROPEAN UNION (9 configurations) COREPER II - Permanent Representat. I - Deputy Perm.Repres. Political & Security Committee Article 36 (JHA) Special Committee on Agriculture Economic & Financial Other Committees Working Parties

COUNCIL FORMATIONS General Affairs Foreign Affairs (chaired by High Representative !) Economic and Financial Affairs Justice and Home Affairs Employment, Social Policy, Health and Consumer Affairs Competitiveness Transport, Telecommunications and Energy Agriculture and Fisheries Environment Education, Youth and Culture

(Committee of Permanent Representatives) COREPER (Committee of Permanent Representatives)   who? areas? co-ordination COREPER II Permanent Representatives political questions Antici group COREPER I Deputy PR’s single market, technical areas Mertens group

ROTATING PRESIDENCY First half-year Second half-year 2010 Spain Belgium 2011 Hungary Poland 2012 Denmark Cyprus 2013 Ireland Lithuania 2014 Greece Italy 2015 Latvia Luxemburg 2016 Netherlands Slovakia 2017 Malta UK 2018 Estonia Bulgaria 2019 Austria Romania Lisbon Treaty: formalised troika system (Presidency Trio)

Council of Ministers Functions: -Main legislator (usually with EP) -Important role in CFSP/CSDP (shared right of initiative / sole decision-maker) -Executive function -Mediator Voting procedures: Unanimity Qualified Majority Voting (QMV) Simple majority

Qualified Majority Voting (QMV) Lisbon Treaty introduced new QMV: Double majority 55 % of member states 65 % of population In most policy areas except CFSP ! transition measures until 2014 / 2017 !

BEFORE LISBON TREATY / until 2014: Qualified Majority Voting (QMV) Germany, France, Italy, UK 29 Spain, Poland 27 Romania 14 Netherlands 13 Belgium, Czech Rep., Greece, Hungary, Portugal 12 Austria, Sweden , Bulgaria 10 Denmark, Ireland, Lithuania, Slovakia, Finland 7 Cyprus, Estonia, Latvia, Luxembourg, Slovenia 4 Malta 3 Total 345 QMV requires double majority: majority of member-states (reinforced QMV: 2/3) 73,91 % of votes: 255/345 (if requested: 62% of EU-population = ‘demographic safety net’)

Heads of state & government EUROPEAN COUNCIL Heads of state & government at least 4 summit meetings per year Political role (no legislator) : -broad policy guidelines -impetus to Union’s development -decisions on major institutional issues Package deals

President of the European Council: Since Lisbon Treaty, new post: President of the European Council: Chairs meetings of European Council ‘Drives forward’ work of the European Council Represents the Union ‘at his level’ Elected by European Council by QMV for 2.5 years (once renewable) Evaluation: Tasks unclear Struggle for influence taking place Clearer or more complex? EU represented by three persons Herman Van Rompuy

EUROPEAN PARLIAMENT EU-27 736 MEP’s

EP DIVISION OF SEATS Belgium 22 Bulgaria 17 Czech Republic 22 Denmark 13 Germany 99 Estonia 6 Greece 22 Spain 50 France 72 Ireland 12 Italy 72 Cyprus 6 Latvia 8 Lithuania 12 Luxembourg 6 Hungary 22 Malta 5 Netherlands 25 Austria 17 Poland 50 Portugal 22 Romania 33 Slovenia 7 Slovakia 13 Finland 13 Sweden 18 UK 72 TOTAL 736 EP DIVISION OF SEATS

POLITICAL GROUPS IN THE EUROPEAN PARLIAMENT EPP European People’s Party S&D Progressive Alliance of Socialists and Democrats ALDE Alliance of Liberals and Democrats for Europe Greens/EFA Greens / European Free Alliance ECR European Conservatives and Reformists GUE/NGL European United Left / Nordic Green Left EFD Europe of Freedom and Democracy Group NA Non-attached MEP’s

Powers of the European Parliament 1. Co-legislator Co-legislator with Council Right to suggest legislation 2. Budget Approves Multi-annual financial frameworks Approves the Annual budget on parity with Council (specific budgetary procedure) 3. Control and supervision Commission (Council)

COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES EU law: Direct effect Primacy Court of Justice: Supranational Legal activism

Failure of member state to fulfil an obligation The Court of Justice Court of Justice rules on: Parties: Failure of member state to fulfil an obligation Commission vs member state (MS vs MS) Legality of acts adopted by EU institutions Member state, EU insitution vs EU institution Community’s liability Citizens vs EU institutions Preliminary ruling (requested by national court)

THE EU POLICY PROCESS 1. Agenda-setting 2. Policy formulation Treaty base 1. specific attribution of competency 2. subsidiarity principle 2. Policy formulation  Commission: exclusive right of initiative in pillar 1 with help of committees 1. advise committees 2. expert committees broad discussion (Green & White papers) & consultations

Legislative decision-making SECONDARY LEGISLATION TREATY ARTICLES (PRIMARY LEGISLATION) Legislative decision-making SECONDARY LEGISLATION REGULATIONS DIRECTIVES and DECISIONS may require Delegated acts Implementing acts Commission Comitology (TERTIARY LEGISLATION) Some articles are directly applicable

PROCEDURES COUNCIL - EP 3. Decision-making DECISION-MAKING PROCEDURES COUNCIL - EP Procedure Veto EP Readings Consultation No 1 Consent Yes Ordinary legislative procedure (co-decision ) multiple

ORDINARY LEGISTLATIVE PROCEDURE CONCILIATION COMMITTEE COMMISSION PROPOSAL EP COUNCIL OPINION amended proposal? COUNCIL COMMON POSITION EP (within 3 months) approves or no position amends rejects Commission Opinion No Act COUNCIL ACT of EP & Council (within 3 months) (within 6 weeks) CONCILIATION COMMITTEE (within 6 weeks) Joint text No joint text COUNCIL + EP (within 6 weeks) No Act ACT of EP & Council No Act

4. Implementation of EU-legislation Three elements: Implementing legislation (tertiary legislation) ‘Comitology’ Transposition into national law Application and front-line inspection Delegated acts Implementing acts Comitology: committees in charge of implementation, evaluation, adaptation of rules members: civil servants of member states presided by Commission give opinion on Commission’s draft proposal for tertiary legislation (‘delegated act’)

EP and Council have right of Examination procedure COMITOLOGY proposal after Lisbon: Implementing acts Commission exercises implementing power Control by MS Delegated acts EP and Council have right of -revocation -objection Advisory procedure Committee gives opinion Commission decides Examination procedure Measures of general scope CAP & fisheries Environment CCP Commission can adopt if positive opinion / no opinion Commission cannot adopt if negative opinion QMV