TSUE i prawo UE

Institutions and Political Actors of the European Union

European Parliament's Role

  • The European Parliament has interpreted its right to approve future compositions of the College of Commissioners as the right to "grill" candidates.

  • Numerous agreements with the Commission and Council strengthened the Parliament's importance among EU institutions.

Maximalist Approach

  • The Parliament aimed for significant reform of inter-institutional relations and increasing its powers relative to the Council of Ministers.

  • This push led to the 1984 Treaty establishing the European Union and contributed to the Single European Act, which significantly expanded the legislative power of the European Parliament.

Legislative Powers Expansion

  • Key advancements in legislative powers:

    • Right to co-decide with the Council in law-making.

    • Right to elect the President of the Commission based on Parliamentary election results (guaranteed in the Lisbon Treaty).

    • Right to apply the co-decision procedure (ordinary legislative procedure) for majority voting in the Council.

Limitations of the European Parliament

  • Despite expanded rights, the European Parliament is often not regarded as a true parliament:

    • Cannot dismiss a government.

    • Legislative powers are comparatively weaker than national parliaments.

    • Limited roles in foreign policy and defense mainly restrict it to advisory capacities.

  • There has been a gradual decrease in the disparity between its formal powers and those of national parliaments, thanks partly to the Lisbon Treaty.

European Union Law and Judicial Bodies

Need for EU Law

  • Effective law is essential for decision-making and execution in all democratic states, including the EU, which, although not a state, shares features of one.

  • Member states voluntarily limit their independence in core areas of public policy.

  • A set of rules defining rights and obligations for institutions and member states is vital; without it, effective decision-making in the EU would be impossible.

Sources of EU Law

  • The legal order of the EU is foundational for its existence and sources include:

    • Treaties

    • EU legislation

    • Judicial interpretations

    • International law

    • General legal principles

Treaties as Legal Foundations

  • Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU): are the main parts of EU law.

  • These treaties serve structural purposes similar to national constitutions and also detail individual freedoms and limits on authorities.

EU Legislative Procedure

  • Legislation adopted by EU institutions falls under secondary legislation, translating treaty principles into detailed rules.

  • Distinction exists between legislative acts (Parliament + Council) and other implementations by the Commission.

Judicial Interpretation of EU Law

  • The Court of Justice of the European Union consists of the Court itself and the General Court, responsible for ensuring the interpretation and application of EU law.

  • Notably, court rulings help clarify legal rules and enforce them uniformly across member states.

Types of Cases Handled

  1. Direct Actions: Disputes brought forth by member states or EU institutions regarding treaty violations.

  2. Preliminary Rulings: National courts may seek interpretations from the CJEU on EU law issues.

  3. Actions for Annulment: Review of the legality of acts by EU institutions (Article 263 TFEU).

  4. Failure to Act: Complaints against EU bodies for neglecting their duties (Article 265 TFEU).

  5. Non-Contractual Liability: Addressing damages caused by EU actions or those of its representatives (Article 340 TFEU).

Conclusion

  • The described legal structure distinguishes the EU from other forms of international cooperation.

  • EU member states surrender part of their sovereignty to adhere to a legal framework, which is crucial for maintaining a unified legal order in the Union.

  • Legislative bodies, especially the CJEU, shape and define the fundamental principles of EU law, often serving both as a constitutional and supreme court.