Institutions and Institutional Balance

This set of flashcards covers key concepts and facts related to the institutions and institutional balance of the European Union as outlined in the lecture notes.

What is the unique nature of the EU described in the lecture?

The EU has a sui generis nature, meaning it is neither an international organization nor a federation, and member states delegate powers to the Union. This unique structure allows the EU to function with elements of both intergovernmental cooperation and supranational governance.

What are the three main institutions responsible for legislative and executive power in the EU?

The European Parliament, The Council of the EU, and The Commission. These institutions work together to formulate and implement EU policies.

What are the three categories of competences described in Articles 3, 4, and 6 TFEU?

Exclusive competence of the Union (Art. 3), Shared competence (Art. 4), and Supportive, coordinative or supplementary role of the Union (Art. 6).

What does Article 13 TEU establish?

Article 13 TEU establishes the EU institutions, which include the European Parliament, the Council, the European Council, the Commission, and the Court of Justice. It outlines their roles, powers, and interactions in the governance of the EU.

What is meant by 'institutional balance' in the EU?

Institutional balance refers to a balance struck between the powers of the institutions of the EU to achieve democratic and transparent decision-making. It ensures that no single institution dominates the decision-making process, promoting cooperation and accountability among the European Parliament, Council, and Commission. This balance allows each institution to act within its defined competences while ensuring that decisions reflect the interests of EU citizens and member states.

What was the significance of COREPER in the EU's institutional framework?

COREPER's main role was to review law suggestions from the Commission and get them ready for the Council to discuss.

What was the outcome of the Luxembourg Accords regarding voting methods in the Council?

The Luxembourg Accords effectively gave individual member states a 'veto' power on decisions they considered to be of vital national interest. This meant that even if a Qualified Majority Vote was typically allowed, discussions would continue until all countries agreed (unanimity), making it harder and slower to pass legislation in the Council.The outcome was the establishment of enhanced national veto rights, allowing member states to block decisions on vital interests, which complicated the legislative process.

During which phase did the European Parliament gain real legislative power through the cooperation procedure?

The phase between the Single European Act (SEA) and the Treaty of Nice (roughly between 1986 and 2003). This period marked a significant increase in the legislative authority of the European Parliament, allowing it to influence and amend proposed legislation significantly.

What role does the European Parliament play in the budgetary process according to Article 314 TFEU?

The European Parliament, along with the Council, establishes the Union's annual budget and monitors how the budget is spent. It also has the power to amend and veto the budget proposals put forward by the Commission.

What is the relationship between the Commission and secondary legislation?

The Commission initiates legislation, and while it has the power to adopt delegated legislation, it does so under the oversight of the Parliament and the Council. This secondary legislation is essential for implementing and enforcing EU laws effectively.

What is the scope of the powers held by the European Parliament as discussed in the lecture?

The EP exercises legislative functions, political control, consultation, and has the power to participate in the appointment of the Commission's President. The European Parliament possesses powers such as legislative functions, political oversight, and the ability to influence the appointment of the Commission's President, thereby playing a crucial role in the EU's governance.

What does the term 'judicial activism' refer to in the context of the CJEU during the 1970s and early 1980s?

Judicial activism refers to the CJEU's efforts to fill legislative gaps through doctrines such as the Doctrine of Supremacy and the Doctrine of Direct Effect. This approach allowed the CJEU to assert the primacy of EU law and expand its interpretative powers in member states.

What is the Ordinary Legislative Procedure as defined by Article 294 TFEU?

The Ordinary Legislative Procedure requires the Commission to submit a proposal to the Parliament and the Council, and both must approve the act for it to be adopted. This procedure enables co-decision between the Parliament and the Council, making them equal in the legislative process.

What are some of the key changes introduced by the Lisbon Treaty?

The co-decision procedure was renamed the ordinary legislative procedure, expanding its scope to 40 additional areas of policy. The Lisbon Treaty also strengthened the powers of the European Parliament and enhanced the role of national parliaments in EU decision-making.

How is the voting process structured within the Council?

Voting in the Council can be done through simple majority, qualified majority (QMV), or unanimity, depending on the legislative context. In qualified majority voting, a proposal must be supported by a specific percentage of member states and population.

How is the European Parliament's composition determined as per the recent changes?

Following Brexit, the total number of seats in the European Parliament was reduced from 751 to 705, redistributing the UK's seats among other Member States. Each Member State's representation is based on the principle of degressive proportionality, ensuring smaller countries have a slightly higher representation relative to their population size.