EU Institutions

Intro to the European Parliament

The EP is the EU’s only directly elected institution, charged with representing citizen’s interests.

What is the legislative basis for the EP

Article 14 TEU and Articles 223 - 234 TFEU.

What are the four main roles of the European Parliament since the Treaty of Lisbon (ToL)

legislative, supervisory, appointments and budgetary

Identify the most significant changes to the European Parliament following the Treaty of Lisbon.

1. The EP elects the President of the Commission, reflecting European election results.

2. EP’s competencies have expanded to 40 new policy areas.

3. EP can approve or reject international agreements (ACTA 2012)

4. EP gained the authority to approve the entire budget alongside the Council.

What is the OLP

The Ordinary Legislative Procedure (OLP), provided for under Article 294294 TFEU, is the EU's main legislative process where the EP and the Council act as co-legislators with equal powers.

How has the Treaty of Lisbon strengthened the European Parliament's legislative powers through the OLP?

The OLP applies in 8585 defined policy areas, covering the majority of the EU's competence areas, significantly strengthening the EP's role in law-making.

Describe the process of the Ordinary Legislative Procedure (OLP).

The OLP procedure starts with a legislative proposal from the Commission and consists of up to three readings. Neither the EP nor the Council can adopt legislation without the other's agreement, and both must approve an identical text, effectively giving the EP an 'effective veto'.

What is the Special Legislative Procedure, and what role does the European Parliament play in it?

The Special Legislative Procedure means the Council is the sole legislator, not co-legislator with the EP. In these cases, Article 289(2)289(2) TFEU requires the Parliament to either consent to the proposal or be consulted on it.

Cite two key cases that highlight the importance of the European Parliament's consultation and consent role.

Roquette Freres v Council and Cabotage II

What are the remaining challenges to the European Parliament's democratic credentials?

Despite reforms, challenges for the EP remain: historically low voter turnout in EP elections (e.g., 51% in 2024), which can undermine its popular mandate, and the lack of power to initiate legislation, which is the Commission's prerogative.

What article is the Council of the EU established under ?

Article 16 TEU

What is the function of the Council?

The Council is the EU’s primary decision-making body tasked with legislative, budgetary, policy-making and co-ordiating functions.

How did the ToL change the Council meetings?

After the ToL, the Council must meet in public when legislating for transparency, but can meet privately for non-legislative functions to allow confidential discussions.

What is the double majority rule in the Council.

The ToL replaced weighted voting with the double majority rules under Art 238 TFEU. This means for a decision to pass, 55% of MS representing 65% of the EU population must support it.

How can the Council influence legislative initiation under Art 241 TFEU.

The council has the right to request the commission to conduct research and submit proposals.

What is the Council’s power regarding delegated acts under Art 290

It can delegate legislative power to allow important decisions to be made more quickly than the normal decision-making process.

What are the common criticisms of the Council?

Criticisms regarding the Council include overlapping roles with the Commission, particularly in legislative initiation, and the use of the Special Legislative Procedure (SLP) which limits the role of the EP by making the Council the sole legislator in certain areas.

What Article was the Commission established under

Article 17 TEU.

How is the Commission described by Europa

“the EU’s politically independent arm.”

What is the Commission generally responsible for?

responsible for proposing legislation, implementing EU policies, and ensuring compliance with EU law.

What is the Commission tasked with (Art 17(3) TEU)

promoting the EU’s general interests “completely independent” from its own MS interests.

What are the Commissions’s key jobs

• Acting as a guardian of the treaties by ensuring compliance and bringing enforcement proceedings against Member States.

• Negotiating international agreements on behalf of the EU.

• In conjunction with the Council and EP, responsible for the daily business of the Union (e.g., the budget).

• Acts as the competition authority for the single market.

• Holds the power to initiate legislation as per Article 17(2)17(2) TEU.

How does the Commission's power of legislative initiation relate to the democratic deficit?

The Commission's monopoly on legislative initiation (as stated by Kassim, making it arguably the most 'powerful' institution) is considered a significant source of the democratic deficit, as very little can become EU legislation without its proposal.

What is the structure of the Court of Justice of the European Union (CJEU) Pre and Post-Lisbon Treaty?

Prior to the Lisbon Treaty, the Court of Justice was composed of the European Court of Justice and the Court of First Instance. After the Lisbon Treaty, the Court of First Instance was renamed the General Court, and together they are referred to as the Court of Justice of the European Union (CJEU).

What is the legal basis of the CJEU?

Art 19 TEU and Art 251 TFEU

What is the main function of the CJEU

to ensure 'the interpretation and application of the treaties and the law is observed,' thereby guaranteeing uniform and consistent interpretation of EU law across member states.

How has the CJEU contributed to the development of the EU as a supranational organization?

The CJEU played a pivotal role in developing the supranational nature of the EU by establishing principles such as direct effect and supremacy, which have defined the EU's constitutional identity and made EU law effective even when not implemented by political institutions or Member States.

How did the Lisbon Treaty expand the CJEU's jurisdiction and role in democratic legitimacy?

The Lisbon Treaty expanded the CJEU’s jurisdiction, allowing it to review the actions of the European Council and rule on disputes related to the Charter of Fundamental Rights. This reinforces the rule of law and enhances the EU’s democratic legitimacy by providing means for citizens to hold representatives accountable.

How does the CJEU interact with national democracies and contribute to the EU's democratic nature?

The CJEU draws inspiration from national democracies, with its judgments sometimes influenced by 'non-legal' arguments (e.g., financial impact, public and institutional responses), thereby placing national and supranational democracies in a mutually reinforcing relationship and striving to make the EU a democratic union.