Institutions, powers and decision making in the EU

11 important questions on Institutions, powers and decision making in the EU

The European Commission; executive power

It posses responsibilities of an executive nature; two are of importance:
  1. the establishment of EU budget
  2. Concering external relations

The European commission; judicial power

The commission posses two kinds of judicial power. The general foundation for such power is art. 17(1) TEU
  1. It brings action against a Member State when they are in breach of EU law
  2. it also acts in certain areas as investigator and initial judge of a treaty violation whether by a MS of private firms.

The Council; committee of permanent reprentatives

The work of the Council is prepared by the Committee of permanent representatives (Coreper) and it carries out the tasks assigned to it by The Council -> art. 16(7) TEU

Coreper is staffed by senior national officials and operates at two levels:
  1. Coreper II: representatives that are of ambassadorial rank. Dwls with contentious matters
  2. Coreper I: responsible for issues such as environment, social affairs, transport and internal market.
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The European Council; composition

Art. 15 TEU -> governing provision

The European Council; role in EU

It plays an important role in:
  1. shaping EU policy
  2. Establishing the parameters within which the other institutions operate

High representative of the union for foreign affairs and security policy

Not an EU institution
art. 13 TEU

The High Representive (HR):
  • appointed by the European Council by qualified majority
  • with the agreement of the commission president

the HR:
  • conducts the EU common foreign and security policy
  • takes part in the work of the European Council
  • chairs the foreign affairs council
  • vice president of the commission
   

The European Parliament; composition and functioning

  • EP sits in Strasbourg
  • Parliaments term is five years
  • MEP's sit according to political grouping
  • EP elects its own president for a term of 2,5 years
  • art. 232 TFEU -> EP adopts its own rules of procedure

The European Parliament; legislative power

Art. 14(1) TEU:
The EP exercises jointly with the council on legislative and budgetary functions. The EP has veto power over delegated acts and is required for certain areas of legislation.

The European Parliament; dismissal and appointment power

Art. 14(1) jo. 17(7) TEU: EP shall lect the President of the Commission that has been brought by the Council.

The EP monitors the activities of the other institutions, principally the commission, by:
  1. asking questions
  2. establishing committees of inquiry (art. 226 - 227 TFEU)
  3. appointment of an ombudsman (art. 228 TFEU)

The European Parliament; budetary power

Art. 314 TFEU -> procedure for adoption of the budget

European Court of Justice; full court, Grand Chamber of in chambers

Art. 251 TFEU
  • Full court:
    • when the case is regarded as exeptionally important
    • where the subject matters warrants such as an action for dismissal of the Ombudsman or a Commissioner
  • Grand Chamber:
    • consists of 13 judges
    • is used when a MS or an institution that is party to the proceedings so requests
    • in particulary complex or important cases
  • Chambers
    • the great majority of the cases are heard in chambers of three of five judges

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