Summary: Eu Law Text, Cases, And Materials | 9780198856641 | Paul Craig, et al

Read the summary and the most important questions on EU Law Text, Cases, and Materials | 9780198856641 | Paul Craig; Gráinne de Búrca

• 1 Lecture 1; institutions, powers and decision making in the EU

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• Institutional change development of Treaties

  Connotes the relative power within the EU exercised by the principle players. Can also impact on the EU's power in relation to Member States

• Maastricht treaty; three pillar structure

  TEU was signed in Maastricht. 
  Three pillar structure: 
  

  1. EEC, ECSC and Euratom 
  2. Common Foreign and Security Policy (CFSP) 
  3. Justice and Home Affairs (JHA) 

  Pillars where removed by the Lisbon Treaty

• The European Commission; president of the Commission

  Art. 14(1) TEU -> EP elects the president of the commission 
  
  The president plays an important role in shaping overall Commission policy in negotiating with the Council and the EP and determining the future direction of the EU.

• The European Commission; size

  27 members 
  The composition of the Commission must reflect the demographic and geographical range of all Member States.

• The European Commission; tasks

  Art. 17(1) TEU 
  

  1. promote general intererst of the union and take appropriate initiatives 
  2. oversee the application of EU law under the control of the CJEU 
  3. ensure application treaties 
  4. execute budget and manage programmes 
  5. exercise coordinating, executive and management functions 
  6. initiate the EU's annual and multiannual programming with a view to achieving interinstitutional agreements 

• The European Commission; term of office and appointment

  Art. 17(3) TEU --> five years 
  

  • members are chosen on their general competence and European commitment from persons whose indepence is beyond doubt. 

• The European Commission; removal

  
  Art. 247 TFEU An individual can be retired when: 
  

  • If the person no longer fullfils the conditions for performance of the job 
  • serious misconduct has taken place 

  
  The decision is made by the CJEU on application by the Council by a simple majority or the Commission. 
  
  
  Art. 246 TFEU -> vacancy procedure in case of the event of resignation, compulsory retirement or death. 

• The European Commission; decision making

  Four different ways: 
  

  1. important matters are dealt with through meetings, that occur weekly
  2. the written procedure is used where deliberations in college do not seem to be necessary because all points have been agreed by the relevant Dictorates Generals (DG's) and approval has been given by the legal service 
  3. by empowerment, whereby the commission empowers an individual commissioner to make a decision 
  4. the possibility of delegating decision-making to DG's and heads of service, who act on behalve of the commission which is used for routine business. 

• The European Commission; four layers in the bureaucracy

  1. Commissioners 
     
  2. DG's
  3. Directors 
  4. Head of division or unit 

• The European Commission; legislative power

  1. Right of legislative initiative 
     
  1. most proposals will have to be approved by the council and EP 
  2. overall legislative plan for every year
  3. EU policy strategies 
  4. enact EU norms 
  1. without the formal involvement of any other EU institution 
  5. delegated power (art. 290 TFEU)