European Union Law-Making institutions

European Union Law-Making institutions

1. council of the European Union

   • Meets at Intervals
   • Made up of 1 minister from each member state
   • chosen based on subject being discussed
     • So not just one body of people - different combination of 28 people
   • Presidency revolves between member states
     • 6 month term of office
     • can put their own agender forward
   • Voting
     • unanimous decision needed if on matters of Vital national interest
     • Simple majority for less important issues (one vote per nation)
     • Qualified Majority - larger countries get more votes
   • Function
     • Supreme law maker in the EU
     • Is regulated - in most cases can only legislate on proposals put forward by EU commission

2. The European commission

   • Day to day management
     • Commission President - Appointed by member states Heads of government
     • One nominated Commissioner per member state
     • Once appointed commissioners act for the EU not for their member state
   • Function
     • guardian of the treaties - Makes sure they are followed
     • Formulates EU policy
     • Drafts proposed legislation to go before the CEU
     • Has limited legislative power
     • Implements EU Legislation

3. European Parliament

   • Members are directly elected by public vote in their member state
     • Each countries has their own way to do this
     • MEP's maintain their political outlook
     • Elections held every 5 years
     • Tend to vote for political view not national
   • Function
     • represents the European citizen
     • debates and approves proposed new laws
     • monitors activities of several other EU institutions
       • Can dismiss the Commission if needed
     • Debates and adopts the EU budget

4. European Court of Justice (ECJ)

   • Official name is the court of the European communit (CJEC)
   • Sits in Luxembourg
     • President of the court of Justice
       • one appointed judge per member state
       • formally decides the the case but normally follows advocate generals opinion
     • Eight Advocate-generals
       • appointed by unanimous agreement for 6 year terms
       • job - to provide unbiased opinion
   • Jurisdiction
     • Preliminary rulings
       • Article 234 of The treaty of Rome
       • Any Court of tribunal can ask the court for a preliminary ruling
       • proceeding in member state suspended until after the ruling
     • Actions against member states
       • Can be taken against a member state by the Commission or another member state
       • They normally have chance to put it right before action is taken
       • The court must follow the decision made by the court
     • Actions against EU Institutions
       • May be bought by other institutions, member states
       • In exception circumstances also by corporate bodies or individuals
       • Used to annul acts of the CEU or Commission
       • used to obtain a declaration that CEU and Comm have failed to act on a treaty
       • To obtain compensation for damages & review penalties
       • eu employee disputes heard by the Court of First Instance