EU law MODULE 2

What is the European Commission?

The EU institution representing the common European interest and acting as the executive branch.

What does the European Parliament represent?

European citizens.

What does the Council represent?

Member states and governments.

What does the European Commission represent?

The EU/common European interest.

What institution protects law and legality in the EU?

The European Court / Court of Justice of the EU.

What are the three powers in the EU system?

Legislative, executive and judicial power.

What does legislative power do?

Makes laws.

What does executive power do?

Executes and applies laws.

What does judicial power do?

Interprets and enforces laws.

Does the EU have a perfect separation of powers?

No, institutions overlap through institutional balance.

What is institutional balance in the EU?

A system where institutions share and balance powers.

What is the simple EU lawmaking flow?

Commission proposes law → Parliament and Council adopt law → Commission implements law → ECJ checks legality and interprets disputes.

Which institution proposes EU laws?

The European Commission.

Which institutions adopt EU laws?

The European Parliament and the Council.

Which institution implements EU laws?

The European Commission.

Which institution checks legality and interprets disputes?

The ECJ/CJEU.

What does Article 13 TEU create?

The EU institutional framework.

What principle says institutions represent different interests?

Institutional balance.

Which institution represents citizens in the EU?

The European Parliament.

Which institution represents member states in the EU?

The Council of the European Union.

Which institution represents the EU/common interest?

The European Commission.

What principle requires institutions to act within treaty powers?

The principle of conferral.

What must EU institutions do under the treaties?

Act within treaty powers and cooperate sincerely.

What are the two advisory bodies mentioned?

The Economic and Social Committee and the Committee of the Regions.

What does TEU stand for?

Treaty on European Union.

What does TFEU stand for?

Treaty on the Functioning of the European Union.

What is the difference between TEU and TFEU?

TEU contains the general constitutional framework, TFEU contains detailed rules and functioning.

Name the main EU institutions.

European Parliament, European Council, Council of the European Union, European Commission, Court of Justice of the EU, European Central Bank, Court of Auditors.

Where is the European Parliament located?

Strasbourg, Brussels and Luxembourg.

What does the European Parliament mainly do?

Makes EU laws, exercises democratic control, approves the Commission and shares budget power.

Where is the Council of the European Union located?

Brussels and sometimes Luxembourg.

What does the Council of the EU represent?

Member states.

What is the main role of the Council of the EU?

Making EU laws together with Parliament and coordinating policies between member states.

Where is the Court of Justice of the EU located?

Luxembourg.

What is the main role of the CJEU?

Interpret EU law, ensure equal application and resolve legal disputes.

What is Step 1 in the division of power within the EU?

Citizens elect national governments and the European Parliament.

What is Step 2 in the division of power within the EU?

National parliaments operate at national level.

What is Step 3 in the division of power within the EU?

National governments appoint ministers and leaders.

What is Step 4 in the division of power within the EU?

Heads of state/government form the European Council.

What is Step 5 in the division of power within the EU?

The Council of the EU makes decisions and laws.

What is Step 6 in the division of power within the EU?

The European Council proposes leadership positions.

What is Step 7 in the division of power within the EU?

The European Commission carries out executive tasks.

What is Step 8 in the division of power within the EU?

The European Parliament supervises and legislates.

Who has legislative power in the EU?

The European Parliament and the Council of the EU.

Who represents citizens in the legislative branch?

The European Parliament.

Who represents governments in the legislative branch?

The Council of the EU.

What is the European Parliament?

The EU’s law-making body directly elected by citizens.

How often are European Parliament elections held?

Every 5 years.

How are EU laws adopted?

By Parliament and the Council based on Commission proposals.

What are Members of the European Parliament called?

MEPs.

How many MEPs are there according to the notes?

720.

How are MEPs elected?

Directly by EU citizens every 5 years.

Is the European Parliament organised by nationality?

No, it is organised by political ideology.

How many parliamentary groups are mentioned?

9 parliamentary groups.

Name some parliamentary groups in the European Parliament.

Left-wing, social democrats, greens and regionalists, liberals and centrists, christian democrats and conservatives, eurosceptics, conservatives, right-wing nationalists.

What is degressive proportionality?

A system where larger countries get more seats overall while smaller countries get more seats per citizen.

Is Parliament perfectly proportional?

No.

Does one person one vote fully apply in the European Parliament?

No.

What is the democratic deficit debate?

The argument that the EU is less democratic than national systems.

Why do some people argue there is a democratic deficit in the EU?

Low turnout for EP elections, citizens feel distant from institutions and executive institutions are powerful.

How has Parliament become more powerful over time?

Treaties gradually increased its powers.

Can the European Parliament initiate legislation?

No.

What does the President of Parliament do?

Chairs parliamentary sessions and represents Parliament.

What is the ordinary legislative procedure?

The main EU law-making process where Parliament and Council are equal.

Which article regulates the ordinary legislative procedure?

Article 294 TFEU.

Were Parliament and Council always equal in lawmaking?

No, Parliament was weaker before Maastricht.

What did the Maastricht Treaty introduce?

The co-decision procedure.

What did the Amsterdam Treaty do to co-decision?

Expanded it to additional areas.

What did the Lisbon Treaty do to co-decision?

Renamed it the ordinary legislative procedure and extended it to most EU actions.

What happens in the ordinary legislative procedure?

Commission proposes legislation and Parliament and Council examine and adopt it.

What are trilogues?

Informal meetings between Parliament, Council and Commission to reach agreements.

What happens if Parliament and Council disagree?

A third reading and conciliation committee may occur.

What percentage of laws were adopted at first reading between 2019–2024?

86%.

What is the European Council?

The institution where heads of state or government meet to give political direction.

Who are members of the European Council?

Heads of state/government, President of the European Council, President of the Commission and the High Representative.

What does the European Council do?

Gives political direction and makes major political decisions.

What is the difference between the European Council and the Council of the EU?

The European Council sets political direction while the Council of the EU adopts laws and coordinates policies.

Why was the European Council created?

To provide political guidance beyond technical decision-making.

How did the European Council begin?

Originally as informal summits.

Who is mentioned as President of the European Council in the notes?

António Costa.

What is the Council of the European Union?

The institution where national ministers of member states meet.

How many member states are represented in the Council of the EU?

27.

How long does each presidency of the Council last?

6 months.

Which country held the presidency in the first half of 2025?

Poland.

Which country held the presidency in the second half of 2025?

Denmark.

Which country holds the presidency in the first half of 2026?

Cyprus.

Which country holds the presidency in the second half of 2026?

Ireland.

What are Council configurations?

Different minister meetings depending on the policy area.

Name some Council configurations.

General Affairs, Foreign Affairs, Economic and Financial Affairs, Agriculture.

What are the functions of the Council of the EU?

Making laws with Parliament, coordinating foreign affairs and managing the EU budget with Parliament.

Who coordinates the Common Foreign and Security Policy?

The High Representative of the Union for Foreign Affairs and Security Policy.

Who is mentioned as High Representative in the notes?

Kaja Kallas.

Why are there different voting systems in the Council?

Sensitive political issues connected to national sovereignty.

What is qualified majority voting?

A voting system requiring support from a majority of member states and population.

Which treaty articles regulate qualified majority voting?

Article 16(3) TEU and Article 16(4) TEU.

What is the standard qualified majority rule?

55% of member states representing 65% of the EU population.

What is special qualified majority voting?

A variation of QMV used in special cases such as Eurozone matters.

Which article regulates special qualified majority voting?

Article 238(3) TFEU.

What is simple majority voting?

A voting system requiring more than half of ministers.

Which article regulates simple majority voting?

Article 238(1) TFEU.