(un)sustainable Amsterdam

Name the three institutions that form the core of the EU’s lawmaking process.

• The European Commission

  • They propose new laws

  • Ensures that the EU law is correctly applied

  • Acts in the interest of the EU as a whole

• The European Parliament

  • They represent the EU citizens

  • Debates and adopts laws (done together with the Council)

  • Members are directly elected

• The Council of the European Union (also called the Council of Ministers)

  • Represents the governments of the EU Member States

  • Shares lawmaking and budget powers with the European Parliament

  • Different ministers attend depending on the topic (e.g., environment, finance, etc)

Which EU institution is directly elected by EU citizens, and what is its primary legislative function? 

• The European Parliament is the only EU institution directly elected by EU citizens

• Their primary legislative function is to debate, amend, and adopt the EU laws together with the Council of the European Union, → happens through the ordinary legislative procedure

Which institution is often called the “Guardian of the Treaties,” and why?

• The European Commission is often called the ‘Guardian of the Treaties’

• This is because they are responsible for 1) ensuring that EU law is correctly applied in all member states

• 2) Monitoring compliance with EU treaties;

• And 3) they take legal action against member states or other institutions if they break EU law → they bring cases to the Court of Justice of the EU

Briefly distinguish between the Council (Council of the EU) and the European Council in terms of composition and function.

• Council of the EU (aka Council of Ministers) = law-making body with national ministers

  • Composition = Ministers from each EU Member State, varying by topic (environmental ministers for environmental issues)

  • Function = 

    • Co-legislate with the European Parliament 

    • Adopts EU laws and the budget

    • Coordinates policies (e.g., economic or foreign affairs)

• European Council = Top-level political leadership that sets the EU’s long-term agenda

  • Composition = Heads of State or Government of each Member State + the President of the European Council and the President of the European Commission

  • Function =

    • Sets the overall political direction and priorities of the EU

    • Does NOT pass laws

Which provision(s) in the Treaty on European Union (TEU) set out the main EU institutions, and why are these articles important?

• Article 13 TEU = lists the seven main EU institutions

  • It is important because it establishes the institutional framework of the EU. It ensures the balance of powers between the institutions. It also sets out their shared goal: to promote the EU’s values, serve its interests, and ensure consistency, effectiveness, and continuity of its policies and actions.

• Article 14-19 TEU = sets out the individual EU institutions in detail

  • They are important because they provide what every institution's role is and its competencies

 Why does the Commission’s exclusive right of legislative initiative set the EU apart from many national lawmaking systems?

In the EU, only the European Commission has the exclusive right to propose new legislation. In many national systems, like in the Netherlands, Germany, the UK, or the US, elected lawmakers (e.g., members of parliament or congress) can propose laws themselves. However, in the EU, neither the European Parliament nor the Council of the EU can propose laws on their own—they can request the Commission to propose something, but they cannot initiate it directly. 

What is the composition of the Court of Justice of the European Union (CJEU) and what are its main tasks?

• The CJEU is made up of two main courts

  • 1) Court of Justice (sometimes called the European Court of Justice or ECJ)

    • One judge from each EU Member State

    • Assisted by eleven Advocates General, who provide independent legal opinions

  • 2) General Court

    • Two judges from each Member State

    • No Advocates General

• The main tasks of the CJEU are;

  • 1) Interpreting EU law = they do this through preliminary rulings, where national courts ask the CJEU to clarify EU law

  • 2) Ensuring EU law is applied uniformly = all member states interpret and apply the same rules consistently

  • 3) Reviewing the legality of EU acts = can annul EU laws or decisions if they breach the Treaties

  • 4) Settling disputes = this can happen between EU institutions, or between EU and Member States + can also handle cases against Member States for failing to comply with EU law

According to the TEU, how is the President of the European Commission chosen, and what is one key power of that office?

The President of the European Commission is chosen by the European Council, taking into account the results of the European Parliament elections. One key power of this office is to set the Commission's political agenda and represent the EU on the international stage.

Under the ordinary legislative procedure, which article(s) in the TFEU detail the voting requirements of the Council, and what is the most common threshold?

• Article 16 (3) of the TEU = states that the Council acts by qualified majority unless the Treaties provide otherwise

• Article 238 of the TFEU = specifies how qualified majority voting (QMV) works

• The most common threshold for QMV is to pass a proposal which requires at least 55% of Member States to vote in favor (15/27 countries) and representing at least 65% of the EU population (it’s not only about the number of countries, but also how big their populations are) = double majority rule

Distinguish between the ordinary legislative procedure and a special legislative procedure in EU law.

The ordinary legislative procedure involves the joint adoption of legislation by the European Parliament and the Council of the European Union, while the special legislative procedure requires a different level of involvement from the Parliament, often involving only the Council's decision-making or additional approvals.

How is the Presidency of the Council (Council of the EU) organized, and what is one responsibility of the presidency?

• The Presidency rotates every six months among the EU Member States. A trio system is used: three countries work together in an 18-month program, each taking turns leading for six months. The presiding country chairs meetings of most Council configurations (except for foreign affairs, which the High Representatives chair)

• One key responsibility of the Presidency is to plan and chair meetings of the Council and its working groups, ensuring the smooth progress of EU legislation and policies

  • This includes:

    • Setting agendas

    • Facilitating negotiations between Member States

    • Representing the Council in talks with other EU institutions (like the Parliament and Commission)

Which Treaty on European Union provision outlines the role of the European Council, and how does it differ fundamentally from the role of the Commission?

Article 15 of the TEU outlines the role of the European Council, which primarily sets the EU's political agenda and priorities, contrasting with the Commission's role of proposing legislation and ensuring EU laws are implemented.

Under which TFEU article can the Commission bring an infringement action against a Member State, and what are the two main stages of that procedure?

Article 258 of the TFEU allows the Commission to bring an infringement action against a Member State. The two main stages of the procedure are: 1) the Commission sends a formal notice to the Member State, and 2) if the Member State fails to comply, the case can be referred to the Court of Justice of the European Union.

Name one area where the Council still requires unanimity rather than a qualified majority, prompting you to look at the TFEU provisions on Council voting.

• One key area where the Council of the EU still requires unanimity is taxation

• Under Article 113 TFEU = harmonisation of legislation relating to turnover taxes, excise duties, and other forms of indirect taxation must be adopted unanimously by the Council