Institutions of the European Union

The European Parliament currently has 751 members. This was supposed to be an even 750 but due to Italy’s concern of losing too many seats, they were allowed keep one more than was scheduled. No member state may have less than six or more than 96 members of parliament.

While there are currently nine advocate generals from 2015 onwards there will be 11. An advocate general is a senior law officer of the law in another jurisdiction, usually charged with advising the courts or Government on legal matters. Although Advocates General are full members of the court, they do not take part in the court's deliberations, and the Advocate General’s opinion is not binding on the Court. It should be noted that, although the Court reaches the same solution as the Advocate General more often than not, it cannot usually be stated that the Advocate General's opinion has been 'followed' in any given case, because the Court may have reached the same conclusion via different legal reasoning

The post of EU foreign policy chief, created under Lisbon is currently held by Catherine Ashton. From the 1^st of November she will be replaced by Federica Mogherini.

National parliaments will have more power to influence the EU decision-making, as demanded by the Netherlands. Period given to national parliaments to examine draft legislative texts and to give a reasoned opinion will be extended from six to eight weeks. If a draft legislative act is contested by at least one third of national legislatures as beyond the EU's competence, it will be sent back to the European Commission for re-examination.

Lisbon makes EU's Charter of Fundamental Rights legally binding on all member states except Britain, who won an exemption to relieve its concern that the Charter may affect its labour laws. In addition Poland got an opt out for morality reasons. The treaty also includes provisions for a member state to leave the European Union, under conditions to be negotiated with its partners.

A key part of Lisbon was that it merged the three pillars of the European Union into one. The community pillar was already the most integrated. All institutions had a role. Commission had an almost exclusive role of initiative for the adoption of legal acts. Council and Parliament involved in adopting the legislative acts. Court of Justice had full jurisdiction to interpret and review the legality of legal acts. It had legal personality.

The second Pillar, the common foreign security policy, became the Minister for EU foreign Affairs. It is important to note that while the Pillars have disappeared, the “institutional specificities which characterised the second pillar are mostly preserved by the Lisbon Treaty.

In regards the final pillar, justice and home affairs, parliaments role has now increased to the extent where it now gains co-decision. This is referred to as the ordinary legislative process.  The Jurisdiction of the Court has been extended to cover all of Justice and Home affairs and is now referred to as Freedom, Security and Justice. It now can hear preliminary references, infringement proceedings and actions by individuals.

Terrorism, Human trafficking, Drug trafficking, Arms trafficking, Money laundering, Corruption, Counterfeiting, Computer crime Organised crime are all examples of areas covered by the FSJ. If a member state is of the opinion that proposed directive may affect fundamental aspects of its criminal justice system, it may refer back the proposed directive to the European Council.

Prior to Lisbon there were five institutions, however now there are seven. These are, the Council of Ministers, The European Commission, the European Central Bank, the European Parliament, the Court of Justice, the European Council and the Court of Auditors.

The Commission is the executive arm of the European Union. It ensures that union policy is carried out and is very much pro-European. The commission consists of a civil service and of a council of commissioners, made up of one from every member state. However it is important to note that they are there to represent the Union, and not their member state.

The Commission was first established under the ECSC and was referred to as the high authority. It has a number of important duties. It can for example, bring a member state to task for failing to fulfil an obligation. If the member state does not rectify the situation they can be referred to the Court of Justice. It is also involved with external relations such as that of the WTO.

It can investigate breaches of competition law within the EU and make binding decisions, as well as impose sanctions. It also gains considerable power due to delegated legislation, which allow it to enact its own legislation within a framework.

Should the commission receive a motion of censure from the parliament, it must immediately resign. This has never happened though it did seem likely with the Santer Commission. Since Lisbon, the powers of the commission have increased. There is less of a need for unanimity; more can be passed with a qualified majority.

The President of the commission is elected by the parliament by majority.

There is a body of permanent officials who work in the Commission. They are responsible for a certain subject matter and they work under the guidance of a Director General, e.g. Director General Competition. The officials who work under this are responsible for all matters pertinent to competition.

The Commission is the single most important political force for integration and federalism, ever-seeking to press forward to attain the Union’s initial objectives as expeditiously as possible, with the aim of moving on to a closer form of Union

The EU parliament is the only directly elected body of the Union. The first elections were held in 1979, though turnout was very poor. Its powers have increased substantially over the years, in an effort to reduce the democratic deficit. It is not however, a parliament in the strictest sense of the word. It cannot initiate legislation, nor can it raise taxes. The number of MEPs is not completely in proportion to population. As a result, smaller countries are overrepresented.

MEPs are permitted to be members of their national parliaments but are not permitted to be a member of any other profession. MEPs are technically meant to sit by party allegiance, however, many simply sit with their fellow countrymen.

It is better for MEPs to be part of a group, as this allows them more access to funding. It is also Conducive to integration and creating European awareness amongst the citizens of Europe. This group must have a common ideology.

Jean Claude Martinez et al v European Parliament was a case which concerned such grouping. At the time a group required a spread of 23 if they came from 2 Member States, 18 if 3 Member States and 14 if 4 or more Member States. The President of the European Parliament was notified by 29 MEPs that a new political group had been formed (Technical Group of Independent Members - Mixed Group). This group excluded any political affiliation and it allowed its members total political independence from the group. The matter was referred to the Parliament’s Committee on Constitutional Affairs and it held that the party was not in conformity with the rules of procedure and thus the group was excluded. The applicants sought an annulment of the decision of the Committee and the then CFI (now General Court) rejected the applicants’ contention and held that the Parliament had lawfully exercised its discretionary power in regard to conformity of a group requirement of political affinity as laid down in Rule 29(1).

While the Assembly originally merely had a consultative its powers have steadily increased with the passing of each European Treaty. Its powers are frequently exercised in conjunction with those of the other institutions.

All Treaties relating the accession of a new member state must have the assent of Parliament. It is highly unlikely that the parliament would ever refuse to ratify such ascension. Parliament participates in the law-making decisions, together with the Council and Commission. The extent of its participation in this process varies according to the legal basis upon which it acts

However, the parliament is still limited in a number of ways. For one, it cannot initiate legislation. While it has a minimum right to be consulted in certain matters, there are some areas no right of consultation although the Commission and Council in practice seek the views of Parliament. However, in situations where the opinion of the Parliament is sought, considerable scope for rejection

Traditionally the most important sphere of activity the parliament takes part in is the budget. Parliament and the Council are the two arms of the budgetary authority, with Parliament being involved right from the preparatory stages, particularly laying down of guidelines and types of spending.

In reality the Commission works quite closely with the Parliament. Commissioners have a duty to respond orally or in writing to questions put to them by MEPs. Parliament must first approve the appointment of the Commissioners. Commission must respond orally or in writing to questions from the Parliament and Parliament has the power to dismiss the Commission en bloc by motion of censure.

Parliament has the power to block the nomination of a candidate for President, and indeed the appointment of the Commission as a whole. It also has the power to set up a temporary committee of inquiry to investigate alleged contraventions or maladministration in the implementation of Union law.

Parliament has a right to bring proceedings before the Court.  In the period 1980-1990 the Parliament brought a series of cases quite frequently in a bid to strengthen its legislative power.

The council of ministers is comprised of the various government ministers of each member state. They discuss not only foreign affairs but also issues of general concern. In areas of policy where it is the responsibility of the MS, the Council acts a forum-allows the MS to consult with each other and the Council coordinates their behaviour.

The council co-ordinates the actions of Member States and adopts measures in the area of police and  judicial  co-operation in criminal matters. It also concludes, on behalf of the Union and the Union, international agreements between the EU and one or more states or international organisations.

The council is much more nation-centered than Parliament and Commission and as a result there is far less solidarity. The council consists of Ministers from Member States and it is these Member States who select these Ministers. As a result they are sometimes considered to be the “voice of the member states’’.

The presidency of the Council of Ministers is rotated every six months. In recent years this role has assumed greater importance. The president convenes meetings, prepares the agenda for Council Meetings etc. Holding of the Presidency provides the Member States to ensure that issues that are of importance to them are placed at the top of the agenda. They may develop policy initiatives for the Council/Member States.

Coreper consists of senior national officials who are permanently located in Brussels. It has been described as the lifeblood of the council. It is responsible for preparing the Council’s work and carrying out the tasks assigned to it.

It operates at two levels. COREPER I is composed of deputy permanent reps and deals with matters related to the environment, social affairs, transport etc. COREPER II is composed of senior national officials (ambassadors) and deals with more important or contentious matters such as external relations or economic/financial affairs

Most voting is by qualified majority, with the exception of certain, minor decisions. The council is responsible for appointing members of the Court of Auditors, Economic and Social Committee and Committee of the Regions. It also ensures co-ordination of the economic policies of the Member States and takes political decisions in the monetary field.

The European Council has been in existence since 1974 but it was not formalised until 1986 in the Single European Act. It is a political gathering. The heads of government meet, at least twice a year. They are accompanied by their foreign ministers, and discuss the political agenda for the ensuing months and years. These meetings are referred to as European Summits. The high Representative may also attend.

Its role is described in Article 15 (1) TEU as being providing “the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof. It shall not exercise legislative functions”. Thus it has no legislative powers.

Its main function is to outline a general policy framework for issues of concern to the Union. This could be regarding welfare, foreign affairs etc. Decisions are taken by consensus-except where Treaties provide otherwise. The European Council will often confirm important changes to the institutional structure of the Union.