European Institutions

International legal personality

The capacity of an organisation to act independently from its member states under international law. (EU has it)

Features of an international organisation

Founded by states via treaty, has permanent organs, and possesses international legal personality.

Supranational organisation

member states transfer part of their sovereignty, allowing majority voting and binding decisions even against a state’s will.

Binding decision

Decisions adopted by majority voting that apply even to member states voting against them.

Independent experts in supranational systems

Non-state representatives who can take legally binding decisions for the organisation.

Intergovernmental organisation

An organisation where states do not transfer sovereignty and decisions usually require unanimity.

Unanimity voting

A decision-making method where all member states must agree for a decision to be binding.

Recommendations in intergovernmental organisations

Non-binding decisions that guide but do not legally oblige member states.

United Nations (UN)

Primarily an intergovernmental organisation with some supranational elements.

Organisation for European Economic Cooperation (OEEC)

Established after WWII to coordinate economic recovery and distribute Marshall Plan aid.

Council of Europe

Organisation promoting democracy, rule of law, and human rights while fully preserving state sovereignty.

NATO

A collective self-defence military alliance where members maintain full sovereignty.

European Coal and Steel Community (ECSC)

Created by the Treaty of Paris to place coal and steel industries under supranational control.

European Defence Community (EDC)

Planned supranational military integration rejected by France.

Western European Union (WEU)

Intergovernmental defence organisation based on collective self-defence.

EURATOM

Established by the Treaty of Rome to promote economic integration and common policies in nuclear energy.

Empty Chair Crisis

1960s political crisis caused by France refusing to participate in Council meetings.

Single European Act (SEA)

First major revision of the Treaty of Rome, strengthening integration and introducing qualified majority voting.

Qualified Majority Voting (QMV)

Decision-making system based on a combination of the number of states and population represented.

Treaty of Maastricht

Created the European Union and introduced a three-pillar structure.

Three-pillar structure

European Community, Common Foreign and Security Policy, and Justice and Home Affairs.

Treaty of Amsterdam

Incorporated Schengen into the EU and reformed justice and home affairs cooperation.

Treaty of Nice

Reformed EU institutions in preparation for enlargement.

Treaty of Lisbon

Abolished the pillar structure, strengthened institutions, and introduced the right of withdrawal.

Right of withdrawal

The legal possibility for a member state to leave the EU under Article 50 TEU.

Brexit

The United Kingdom’s withdrawal from the EU; Greenland was the first partial withdrawal.

EU enlargement condition

Any European state respecting EU values and committed to promoting them may apply for membership.

Article 2 TEU values

Democracy, rule of law, human dignity, freedom, equality, and respect for human rights.

Copenhagen Criteria

Conditions for EU membership including democracy, rule of law, free-market economy, and acceptance of EU law.

Accession treaty

Treaty defining the terms and transition period for a country joining the EU.

EU withdrawal procedure

Member state notifies the European Council, negotiates an agreement, and withdrawal is approved by QMV with EP consent.

Single institutional framework

The unified system of EU institutions established by the treaties.

EU institutions

European Council, European Parliament, Council of the EU, European Commission, Court of Justice of the EU, and Court of Auditors.

Council of Europe vs Council of the EU

The Council of Europe is not an EU institution.

European Council

Institution providing strategic direction and political leadership of the EU.

Composition of the European Council

Heads of State or Government, European Council President, and High Representative.

President of the European Council

Appointed by QMV for a renewable term of 2.5 years.

European Council decision-making

Decisions taken by consensus, not unanimity.

Consensus

No formal objection by any member, achieved through negotiation.

Powers of the European Council

Sets political guidelines and priorities but cannot adopt legislation.

European Parliament (EP)

Directly elected institution representing EU citizens.

Members of the European Parliament (MEPs)

Elected every five years by EU citizens.

Political groups in the EP

MEPs are organised by political ideology rather than nationality.

President of the European Parliament

Elected by majority vote for a 2.5-year term.

Ordinary legislative procedure

Co-decision process where EP and Council jointly adopt legislation.

Consultation procedure

Council consults EP but is not bound by its opinion.

Assent (consent) procedure

EP must approve or reject proposals without amending them.

Budgetary powers of the EP

EP shares budgetary authority and has the final say on expenditure.

Motion of censure

EP power to force the resignation of the Commission.

Council of the EU

Institution representing member state governments at ministerial level.

Configurations of the Council

Different ministerial formations depending on policy area.

Rotating presidency

Council presidency rotates among member states every six months.

COREPER

Committee of Permanent Representatives preparing Council decisions.

Council voting rules

Unanimity, QMV, or simple majority depending on policy area.

Qualified Majority Voting (Council)

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

European Commission

Supranational executive body acting in the EU’s general interest.

Composition of the Commission

27 Commissioners, one per member state.

Independence of Commissioners

Commissioners do not represent national interests.

President of the Commission

Nominated by QMV and approved by the EP, linked to EP elections.

Directorates-General (DGs)

Administrative departments responsible for policy areas.

Powers of the Commission

Exclusive right of legislative initiative, executive powers, and treaty enforcement.

Guardian of the Treaties

Role of the Commission in ensuring EU law is applied.

Court of Justice of the EU (CJEU)

Supranational judicial authority whose rulings are binding.

Composition of the CJEU

Court of Justice (27 judges) and General Court (54 judges).

Preliminary ruling procedure

National courts ask the CJEU to interpret EU law.

Purpose of preliminary rulings

Ensure uniform interpretation and application of EU law.

Action for annulment

Direct challenge to EU acts before the CJEU.

Evaluation of the CJEU

Strengthens EU law but faces criticism for lengthy procedures.

Legislative procedures in the EU

The formal processes through which EU laws are proposed, debated, adopted, and implemented.

Ordinary legislative procedure

The main EU law-making process where the European Parliament and the Council jointly adopt legislation based on a Commission proposal.

Co-decision procedure

Former name of the ordinary legislative procedure before the Treaty of Lisbon.

Right of initiative

The exclusive power of the European Commission to propose EU legislation.

Trialogue

Informal negotiations between the European Parliament, the Council, and the Commission during the legislative process.

First reading

Stage where the European Parliament may accept, amend, or reject the Commission’s proposal.

Second reading

Stage where the Council and Parliament review amendments and try to reach agreement.

Third reading

Final stage of the ordinary legislative procedure if agreement is not reached earlier.

Efficiency of ordinary legislative procedure

Most legislative acts are adopted at the first reading, making the procedure efficient and democratic.

Role of the European Parliament in legislation

Cannot propose legislation but can amend, approve, or reject Commission proposals.

Consultation procedure

Legislative procedure where the Council consults the European Parliament but is not bound by its opinion.

Historical importance of consultation procedure

It was the original legislative procedure before the Single European Act.

Policy areas using consultation

Still applied in limited areas such as competition policy and internal market exemptions.

Assent procedure

Legislative procedure where the European Parliament must approve or reject a proposal without amendments.

Consent procedure

New name for the assent procedure after the Treaty of Lisbon.

Use of assent procedure

Applied to discrimination law, international agreements, EU enlargement, and EU withdrawal arrangements.

European Citizens’ Initiative (ECI)

A participatory democracy tool allowing citizens to invite the Commission to propose legislation.

Purpose of the ECI

Enhance democracy, transparency, and citizen participation in the EU.

Citizens’ committee

A group of at least seven EU citizens from seven different member states required to launch an ECI.

Signature requirement for ECI

At least one million signatures from a minimum of seven EU member states.

Commission response to ECI

The Commission must formally respond but is not obliged to propose legislation.

Regulation

A binding legislative act with general application that is directly applicable in all member states.

Directive

A binding legislative act that sets objectives but allows member states to choose the form and method of implementation.

Decision

A binding act addressed to specific member states, companies, or individuals and directly applicable.

Recommendations and opinions

Non-binding EU acts with no legal force.

Open Method of Coordination (OMC)

A non-legislative, intergovernmental governance method based on soft law.

Soft law

Non-binding guidelines, benchmarks, and recommendations used for policy coordination.

Policy areas using OMC

Social inclusion, employment, healthcare, and other areas of limited EU competence.

Stages of the OMC

Agreement on goals, national implementation, benchmarking, monitoring, and evaluation.

Nature of OMC

Non-legislative and does not produce binding EU laws.

Common Foreign and Security Policy (CFSP)

EU policy area dealing with foreign affairs and security that remains primarily intergovernmental.