1. Politics in the EU

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

3. 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

4. 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

5. INSTITUTIONAL FRAMEWORK OF THE EUROPEAN UNION
                                                               

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

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

8. 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)

9. 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

10. THE EUROPEAN COMMISSION 1 Commissioner per member state

11. EUROPEAN COMMISSION
José Manuel Barroso
President
Portugal

12. 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

13. 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

14. 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

15. 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

16. 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)

17. 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

18. 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

19. (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

20. ROTATING PRESIDENCY
First half-year Second half-year
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)

21. 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

22. 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 !

23. BEFORE LISBON TREATY / until 2014: Qualified Majority Voting (QMV)
Germany, France, Italy, UK 29
Spain, Poland
Romania
Netherlands
Belgium, Czech Rep., Greece, Hungary, Portugal 12
Austria, Sweden , Bulgaria 10
Denmark, Ireland, Lithuania, Slovakia, Finland 7
Cyprus, Estonia, Latvia, Luxembourg, Slovenia 4
Malta
Total
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’)

24. 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

25. 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

26. EUROPEAN PARLIAMENT
EU-27
736 MEP’s

27. 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

28. 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

29. 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)

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

31. 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)

32. 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

33. 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

34. 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

35. 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

36. 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’)

37. 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