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

2. The COMMİSSİON

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. The COURT OF JUSTİCE OF THE EU

12. 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

13. 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

14. 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

15. 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)