European Union 5 Institutional Features International Summer School 2015 Renmin University of China, Beijing Syllabus Prof. Dr. Werner Meng

Institutions  EU = (supranational) international organization  Legal personality  Acting by institutions  Representing different principles:  Democracy  Representation of the member States  But not organs of the member States  Common interest of the Union  Different powers: legislation and administration, external power, monetary policy, adjudication  Rules about the principal institutions can be found in art TEU and in the TFEU 2

Principles about the institutions  Art. 13 para.1 EUV: The Union shall have an institutional framework which shall aim to promote its values, advance its objectives, serve its interests, those of its citizens and those of the Member States, and ensure the consistency, effectiveness and continuity of its policies and actions.  Art. 13 para. 2 EUV: Each institution shall act mithin the limits of the powers conferred on it in the Treaties, and in conformity with the procedures, conditions and objectives set out in them. The institutions shall practice mutual sincere cooperation. 3

Principal institutions of the EU  The Union's institutions shall be:  —the European Parliament,  —the European Council,  —the Council,  —the European Commission  —the Court of Justice of the European Union,  —the European Central Bank,  —the Court of Auditors. 4

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Functions  MAIN GOVERNANCE  European Council  LEGISLATION  Regularly EP together with the Council of the EU  ADMINISTRATION  Commission and agencies, member states  ADJUDICATION  European Courts, national courts  EXTERNAL POWERS  Council of the EU  MONETARY POLICY  European Central Bank  No clear and simple separation of powers, combination of checks and balances 6

Three key players The European Parliament - voice of the people Martin Schulz, President of the European Parliament The European Council and the Council - voice of the Member States Donald Tusk, President of the European Council The European Commission - promoting the common interest Jean-Claude Juncker, President of the European Commission

European Parliament 8

The European Parliament – voice of the people Number of members elected in each country Decides EU laws and budget together with the Council of Ministers Democratic supervision of all the EU’s work Austria - 18 Belgium - 21 Bulgaria - 17 Croatia - 11 Cyprus - 6 Czech Republic - 21 Denmark - 13 Estonia - 6 Finland - 13 France - 74 Germany - 96 Greece - 21 Hungary - 21 Ireland - 11 Italy - 73 Latvia - 8 Lithuania - 11 Luxembourg - 6 Malta - 6 Total Netherlands - 26 Poland - 51 Portugal - 21 Romania - 32 Slovakia - 13 Slovenia - 8 Spain - 54 Sweden - 20 United Kingdom - 73

The European political parties Number of seats in the European Parliament per political group (November 2014) Greens/European Free Alliance 50 European Conservatives and Reformists 70 Alliance of Liberals and Democrats for Europe 67 European People’s Party (Christian Democrats) 221 Non-attached members 52 Progressive Alliance of Socialists and Democrats 191 European United Left - Nordic Green Left 52 Europe of Freedom and Direct Democracy 48 Total: 751

European Parliament (Art. 14 EUV)  Legislation  Co-decision, but no initiative Budgeting Final decision to accept or reject what has been elaborated in coordination with the Council  Political control and consultation  Control of the Commission  Election of the President, confirmation of the entire Commission, vote of no-confidence against the whole body  751 members, elected directly, free and secretly by the citizens of the member state  Minimum 6 – maximum 90 representatives per MS  Seat:  Strasbourg and Brussels 11

European Council Held at least 4 times a year Sets the overall guidelines for EU policies President: Donald Tusk Summit of heads of state and government of all EU countries

European Council (Art. 15 EUV)  The European Council  shall provide the Union with the necessary impetus for its development  shall define the general political directions and priorities thereof.  shall not exercise legislative functions.  Comprises  Heads of state or Government of the MS, president of the Council, president of the Commission, co-operation of the High Representative for Foreign& Security Policy  Decisions normally by consensus  President independent and elected for two and a half year  High Representative of the Union for Foreign Affairs and Security Policy is member of the EC and VP of the Commission. 13

Council of the EU 14

Council of Ministers – voice of the Member States One minister from each EU country Presidency: rotates every six months Decides EU laws and budget together with Parliament Manages the common foreign and security policy

Council of Ministers – how they vote Most decisions in the Council are taken by ‘double majority’. A decision must have the support of at least: 55 % of the Member States (16 countries) Member States that represent 65 % of the EU’s population

A high representative for foreign affairs and security Double role: –chairs meetings of the Foreign Affairs Council –Vice-President of the European Commission Manages the common foreign affairs and security policy Head of the European External Action Service Federica Mogherini

Council of the EU (Art. 16 EUV)  Co-legislation, Co-elaboration of the budget, policy making, coordination  Each state – one representative on ministerial level  Different configurations – Foreign affairs council presided by the High Representative – other configurations by the representative of the Presidency  Mostly decisions by qualified majority  55 % of the members comprising 65 % of the population of the Union, at least 15 states, no blocking by at least 4 states.  Legislative sessions are public  Preparation by the Committee of Permanent Representatives of the Governments of the Member States (COREPER) 18

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Commission 20

Commission (Art. 17 EUV) Functions Promotion of the general interest of the Union Ensuring the appliation of the treaties and of the measures of the institutions Overseeing the application of Union law Execution of the budget and management of programmes. Coordination, execution, programming and management External representation (except the CFSP) Achievement of inter-institutional agreements Proposal of legislative acts  Term: 5 Years  President elected by the EP after proposal of the Europpean Council chooses the commissioners (and dismisses them) – one for each member state  Commission as a whole to be agreed by the EP and censured by the Parliament as well 21

Agencies

Court of justice of the EU 23

Court of justice of the EU. (Art. 19 EUV)  Court of Justice  Original powers  Appeals against decisions of other courts  Final interpreter of the Treaties and secondary law.  General Court  Specialized Courts  Civil service court  The CoJ and the GC have 1 judge per member state  About their qualification Art. 253, 254 AEUV  Decisions  Judgments on actions  of individuals or member states against institutions of the Union  of institutions against other institutions  Of the commission or member states against one other MS (259, 260)  Preliminary rulings  On referral by national courts (267)  Legal opinions  On international treaties (218 para. 11) 24

European Central Bank 25

European System of Central Banks ( TFEU)  The ESCB conducts the monetary System of the Union  Governing Council: Executive Board of ECB and governors of the national Central Banks  President of the Council and one member of the Commission may participate in a consultative way in the GC 26

European Central Bank ( TFEU)  The ECB is governing the European System of Central Banks  Authorizing the issue of the EURO  Completely independant from the other EU institutions and the member states  Legal personality of its own  Executive Board: president, vice president, 4 directors  Appointed by qual. Majority in the European Council for 8 years (not renewable) from the citizen of the member states  Duty to appear in committees of the EP  Adoption of measures for carrying out the task of monetary policy according with art.123 – 128, 133 TFEU  Not: Economic Policy (only duty to support), but preservation of price stability 27

Ensures price stability Controls money supply and decides interest rates Supervises that banks are safe Works independently from governments The European Central Bank: managing the euro Mario Draghi President of the Central Bank

The European Ombudsman Emily O’Reilly The European Ombudsman Investigates complaints about poor or failed administration by the EU institutions For example: unfairness, discrimination, abuse of power, unnecessary delay, failure to reply or incorrect procedures Anyone in the EU can make a complaint

The European Court of Auditors: getting value for your money 28 independent members Checks that EU funds are used properly Can audit any person or organisation dealing with EU funds

The European Economic and Social Committee: voice of civil society Represents trade unions, employers, farmers, consumers and so on Advises on new EU laws and policies Promotes the involvement of civil society in EU matters 353 members

The Committee of the Regions: voice of local government Represents cities and regions Advises on new EU laws and policies Promotes the involvement of local government in EU matters 353 members

Civil servants working for the EU The Commission employs about permanent civil servants and temporary or contract workers Other EU institutions employ about staff Permanent civil servants Selected by open competitions Come from all EU countries Salaries decided by law EU administration costs €15 per EU citizen per year EU staff will be reduced by 5% between 2013 and 2017

Getting in touch with the EU Questions about the EU? Europe Direct can help By phone, or webchat Over 500 regional information centres europa.eu/europedirect