The European Union Law , The EU institutions (0)

TALLINN UNIVERSITY
The Law School
Law
The European Union Law
The EU institutions
Lecturer: Matti Kauppi
Student : Viktoria Gratšjova
Tallinn, 2014
The institutions of the European Union form a complex and unique polity and, in determining whether or not this structure and the law making powers granted to each respective institution are inherently undemocratic, it is vital to define what is meant by the term ‘ democratic ’. In his Gettysburg address Abraham Lincoln referred to a government which was ‘of the people, by the people, for the people’and it is by this criterion that democracy is often judged. These principles are reflected in having equal access to power and in being equal before the law. It must be considered not only whether law making powers are granted to elected persons, but also whether the balance of power between institutions within the European Union promotes the ideals of democracy.
Firstly,the democratic nature of the European Union must be measured by the extent to which its institutions (particularly those with executive and legislative power) are elected bodies of persons. The European Union is governed by seven institutions; the European Parliament , the European Council , the Council of the European Union (the Council), the European Commission, the Court of Justice of the European Union, the European Central Bank and the Court of Auditors.The first four of these hold the executive and legislative power of the European Union. Of these four institutions, the only one directly elected is the European Parliament whose 736 members are elected every 5 years ; each citizen in each member state having the right to vote. Seats are subsequently assigned to member- states in accordance with their population, and for the purpose of sustaining some balance and proportionality, no member-state takes in excess of 99, however no less than 5. In addition to this, the European Council consists of the heads of state and the Council consists of representatives for each member, who have been elected by the citizens of their own country . In contrast, the Commission is an unelected body consisting of persons nominated by each member state rather than elected by its citizens.
Secondly, the legislative process must be considered alongside the appointment procedures of the institutions in order to determine whether or not the distribution of powers of law-making within the European Union is democratic. Legislative processes vary according to the nature of the laws proposed, however the ordinary legislative procedure is known as co- decision . Article 294 TFEU provides that firstly the Commission must submit a legislative proposal to the Parliament and Council and the Parliament must determine its position on the wording of the act. If the Council approves the Parliament's wording then the act is adopted; if not, it adopts its own position and passes it back to Parliament with explanations. At the additional reading, the act is implemented if Parliament accepts the Council's text. Parliament may reject the Council's text, leading to a failure of the law, or they may modify it and pass it back to the Council to continue the process of negotiation. Co-decision procedures and the power of veto held by the European Parliament in the adoption of legislation have made this institution very powerful as the Union’s legislature. Although other bodies have rights of proposition and consultation, these cannot ultimately overrule the Parliament if it decides not to adopt a certain law. [5] Consequently, as the Parliament wields this legislative power and is a directly elected body, the legislation process can be described as democratic. However, the Commission’s role in providing the impetus for law-making may be criticised as unrepresentative of the people as the members of this body are unelected.
In the EU's unique institutional set-up:
the EU's broad priorities are set by the European Council, which brings together national and EU-level leaders
directly elected MEPs represent European citizens in the European Parliament
the interests of the EU as a whole are promoted by the European Commission, whose members are appointed by national governments
governments defend their own country's national interests in the Council of the European Union.
The European Council sets the EU's overall political direction – but has no powers to pass laws. Led by its President – currently Herman Van Rompuy – and comprising national heads of state or government and the President of the Commission, it meets for a few days at a time at least every 6 months.
There are 3 main institutions involved in EU legislation:
the European Parliament, which represents the EU’s citizens and is directly elected by them ;
the Council of the European Union, which represents the governments of the individual member countries. The Presidency of the Council is shared by the member states on a rotating basis.
the European Commission, which represents the interests of the Union as a whole.
Together, these three institutions produce through the "Ordinary Legislative Procedure" (ex "co-decision") the policies and laws that apply throughout the EU. In principle, the Commission proposes new laws, and the Parliament and Council adopt them. The Commission and the member countries then implement them, and the Commission ensures that the laws are properly applied and implemented.
Two other institutions play vital roles:
the Court of Justice of the EU upholds the rule of European law
the Court of Auditors checks the financing of the EU's activities .
The powers and responsibilities of all of these institutions are laid down in the Treaties, which are the foundation of everything the EU does. They also lay down the rules and procedures that the EU institutions must follow . The Treaties are agreed by the presidents and/or prime ministers of all the EU countries, and ratified by their parliaments.
The EU has a number of other institutions and interinstitutional bodies that play specialised roles:
the European Central Bank is responsible for European monetary policy
the European External Action Service (EEAS) assists the High Representative of the Union for Foreign Affairs and Security Policy, currently Catherine Ashton . She chairs the Foreign Affairs Council and conducts the common foreign and security policy, also ensuring the consistency and coordination of the EU's external action.
the European Economic and Social Committee represents civil society, employers and employees
the Committee of the Regions represents regional and local authorities
the European Investment Bank finances EU investment projects and helps small businesses through the European Investment Fund
the European Ombudsman investigates complaints about maladministration by EU institutions and bodies
the European Data Protection Supervisor safeguards the privacy of people’s personal data
the Publications Office publishes information about the EU
the European Personnel Selection Office recruits staff for the EU institutions and other bodies
the European School of Administration provides training in specific areas for members of EU staff
a host of specialised agencies and decentralised bodies handle a range of technical, scientific and management tasks.
How EU decisions are made
The EU’s standard decision-making procedure is known as 'Ordinary Legislative Procedure’ (ex "codecision"). This means that the directly elected European Parliament has to approve EU legislation together with the Council (the governments of the 28 EU countries). The Commission drafts and implements EU legislation.
EU Treaties
The European Union is based on the rule of law. This means that every action taken by the EU is founded on treaties that have been approved voluntarily and democratically by all EU member countries.
The Treaty of Lisbon increased the number of policy areas where 'Ordinary Legislative Procedure' is used. The European Parliament also has more power to block a proposal if it disagrees with the Council.
Regulations, Directives and other acts
The aims set out in the EU treaties are achieved by several types of legal act. These legislative acts include regulations, directives, recommendations and opinions . Some are binding, others are not. Some apply to all EU countries, others to just a few.
Application of EU law
EU law - which has equal force with national law - confers rights and obligations on the authorities in each member country, as well as individuals and businesses. The authorities in each member country are responsible for implementing EU legislation in national law and enforcing it correctly, and they must guarantee citizens’ rights under these laws.
EU legislation and case -law
EU legislation takes the form of:
Treaties establishing the European Union and governing the way it works
EU regulations, directives and decisions - with a direct or indirect effect on EU member states.
EU case-law is made up of judgments from the European Union's Court of Justice, which interpret EU legislation.
Overall it is clear that the European Union strives to embody and promote ideals of democracy, through both its principles of equality and its recognition of each individual Member State. However, it is not possible to state without significant qualification that it has achieved this objective . Government, if it is to be ‘of the people, by the people, for the people,’ must be elected by universal suffrage and must be controlled by a system of checks and balances which prevent single men or institutions from exercising total power. It is evident that, although the European Parliament is elected, the institutions which are not and the shifting balance of power between them undermine the Community’s commitment to democracy. The principles extolled by the European Union and its various Treaties suggest that the intention is honestly to create laws ‘for the people’; however the structure and competencies of its institutions prevent these laws from being made ‘by the people.’ It is evident that it will always be difficult to embody a democratic ideal in such a large and diverse polity; however, if the current situation is to be improved , the elected members of the European Parliament must be given greater authority and the same mechanisms of legislation must be used in all policy areas to ensure that a constant balance of power is achieved.