Overview Of Eu Institutions And Political Concepts European Law Essay

The EU is an unfastened ended process- we do n’t truly cognize where it ‘s headed. The establishments have been thereby been altering all the clip with pacts. They were created to regulate specific sectors refering European personal businesss.

The biggest challenge was to happen a manner how Malta as such a little state can take part in the Council in Ministers. Besides Maltese engagement in most of the meetings was a job due to the regularity of such meeting. Attending all the meeting would hold meant a drain on resources every bit good as a drain on the functionary ‘s clip. Thus a representational “ embassy ” was created therefore enabling Malta to take part more efficaciously.

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When it comes to decision-making and jurisprudence devising in the EU, they must foremost go through through all three establishments, viz. the European Parliament, the European Commission and the Council of Ministers.

There two types of jurisprudence: Directives and Regulations:

A Regulation is instantly effectual on a stipulated day of the month and and violation is punishable by the EU itself.

A Directive is a jurisprudence which is passed on to a member ‘s authorities, which must go through the directive on as a local, national jurisprudence. An advantage of this is holding a briefing period to implement the new EU directive. Thus the member province has a longer clip to accommodate itself to the directive. All directives nevertheless, MUST be implemented by all member provinces.

ESC ( Economic and Social Committee ) : made up of representatives of employers, employees and representatives of civil society.

European Central Bank: Bases outside all other establishments and plants outside out of the mainframe of the chief establishments.

The Court of Justice upholds the regulation of European jurisprudence.

The Court if Auditors checks the funding of the Union ‘s activities.

Five other organic structures complete the system:

The Economic and Social Committee represents civil society and the twp side of the industry.

The Committee of the Regions represents regional and local governments ;

The European Central Bank is responsible for European pecuniary policy

The European Investment Bank fundss EU investing undertakings

The European Ombudsman guards EU citizens and organisations against maladministration.

3. The Treaties

The EU is founded on four pacts:

The Treaty set uping the European Coal and Steel Community ( ECSC ) , which was signed on 18th April 1951 in Paris, came into force on 23rd July 1952 and expired on 23rd July 2002.

The Treaty set uping the European Economic Community ( EEC ) which was signed on 25th March 1957 in Rome and came into force on 1st January 1958.

The Treaty set uping the European Atomic Energy Community ( EURATOM ) , which was signed in Rome along with the EEC pact. These two pacts are frequently referred to as the pacts of Rome. When the term pact of Rome is used, merely the EEC pact is meant.

The Treaty on European Union which was signed in Maastricht on 7th February 1992, and came into force on 1st November 1993. ( the “ Inter-governmental conference ” or IGC )

Amendments on accession

The pacts have been amended to reform the EU establishments and give them new countries of duty.

The Single European Act ( SEA ) was signed in February 1986 and came into force on 1st July 1987. It amended the EEC pact and paved the manner for finishing the individual market.

The pact of Amsterdam was signed on the 2nd October 1997. It came into force on 1st May 1999. It amended the EU and EC pacts, giving Numberss alternatively of letters to the EU pact articles.

The Treaty of Nice. Signed on the 26th February 2001. It entered into force on 1st February 2003.

4. Key Issues and Decision Making

Distinguishing the establishments:

The European Council

Council of the European Union

The Council of Europe

The evolving nature of the EU establishments: The three pillars

EU determination devising.

There are three chief processs for ordaining EU Torahs:

Consultation ;

Assent ;


5. What Is The Importance of Analyzing Institutions?

The establishments are immature ; experimental and can alter.

The establishments are of import because they are the systems through which member provinces must work.

The establishments provide political way to the EU.

The establishments play a outstanding international function.

The establishments do non stand in isolation and can merely be wholly understood in relation to the interaction amongst themselves.

It is besides of import to gain that the establishments do non work absolutely.

Lecture 2: The European Council

Rules and processs of Council of Ministers do non use to the European Council. It is non a Community establishment.

1. Beginning of Council

Constitution of regular meeting Paris December 1974.

The aim was to “ guarantee advancement and overall consistence ”

First European Council meeting Dublin, March 1975

Gallic support for the Council

Benelux intuition and influence of Monnet

Council as Kamingesprachen

2. Legal Nature of Council

It survived for 12 old ages without being lawfully constituted.

The Single European Act describes the composing of the European Council, but it deliberately avoids specifying its powers.

These derive from the pacts of Maastricht and Amsterdam and, rather significantly, from pattern.

Council is of import because it has ;

Authority ( ultimate decision-makers doing a type of soft jurisprudence )


Unequal relationships ( power is everything and little provinces are less influential )


Ambivalence ( deficiency of formal function gives broad range for covering with anything )

3. Composition

Head of State or authorities or Master of fine arts

President of the committee, Council, Secretary General of Council

Two delegates per deputation ( ruddy badge )

A system of three note takers links proceedings to the exterior

The Antici group ( helpers to the lasting representatives in the ruddy zone )

Deputation in the blue zone

The readying of a European Council is mostly in the custodies of the presidential term.


Opens with the reference from the EP president

Flushing communique ( presidential term, council secretariat, committee )

Communique forms treatment of 2nd twenty-four hours

Following twenty-four hours president of Council and Commission president brief EP.

4. Functions

The cardinal maps are:

Developing strategic guidelines and political drift

Making policy determinations in the traditional Community Fieldss

Determining a corporate foreign policy

Taking intergovernmental determinations outside the pact model

Prosecuting the unfastened method of coordination

Amending the Treaties.

5. An Evolving Council with Strengths and Weaknesses

Specialized meetings of the European Council have evolved:

Informal meetings

Thematic meetings

Emergency meetings

6. Constitutional Treaty

The Constitutional Treaty establishes ;

A lasting President of the European Council, elected by qualified bulk

Two and a half twelvemonth, renewable term

He/She will chair the European Council and drive forward its work

The President will besides guarantee the external representation of the Union on issues refering common foreign and security policy.

Lecture 3: The Council of Ministers and Coreper

1. Introduction

Created specifically to guard the involvements of the member provinces

Council beefed up by the EEC pact

Council rank displacements with policy displacement

2. Council constellations ;

General Affairs and External Relations

Economic and Financial Affairs ( “ ECOFIN ” )

Justice and Home Affairs

Employment, Social Policy, Health and Consumer Affairs

Competitiveness ( Internal Market, Industry and Research )

Transport, Telecommunications, and Energy

Agribusiness and Fisheries


Education, Youth and Culture

However, the Council remains one individual establishment.

What does the Council make?

The Council has six cardinal duties:

To go through European Torahs. In many Fieldss it legislates jointly with the European Parliament.

To organize the wide economic policies of the member provinces.

To reason international understandings between the EU and one or more provinces or international administrations.

To O.K. the EU ‘s budget, jointly with the European Parliament.

To develop the EU ‘s Common Foreign and Security Policy

To organize co-operation between National Courts and Police forces in condemnable affairs.

How is the Council ‘s work organised?


The Particular Committee for Agriculture is such a organic structure that falls outside Coreper.

5. The Council Presidency

The presidential term must:

Arranging and chairing most council meetings, giving it some control over how council organic structures meet, their docket and what happens during those meetings.

Constructing consensus and acquiring things approved

Guaranting continuity and consistence in policy, particularly policies that preceded the presidential term ( less of import sing the new one-year operating program ) .

Representing the council in covering with outside organic structures, particularly the European Parliament

6. The General Secretariat

General Secretariat prepares and ensures the smooth operation of the Council ‘s work at all degrees.

The Secretary-General is assisted by a Deputy Secretary General in charge of managing of the General Secretariat.

Network of the commissions and working groups:

QMV ( Qualified Majority Vote )


Simple Majority Voting

7. The Political Dynamicss of the Council

Assorted factors can find the acceptance of a bill of exchange by the council. These can include:

Urgency of proposal.

Controversiality of the proposal and support from the member provinces.

The original text and the Commission ‘s effort to suit national concerns at the pre-proposal phase.

The complexness of the bill of exchange.

The competency of the presidential term.

The willingness of the provinces to utilize QMV.

8. Major Changes advocated under the new fundamental law


Council President

EU Foreign Minister

Lecture 4: The Commission

1. Introduction

The Commission started out as the High Authority of the ECSC with Jean Monnet as its president.

From 1958 until 1967 the Commission had one leader, Walter Hallstein.

By 1995 Delors was out but he had helped maneuver the SEA* , IGCs on political and economic brotherhood and aid constructing the committee profile.

Santer and the low point of the Commission.

Resignation of Commission in 1999.

*SEA: Individual European Act in 1992 which gave rise to the individual market within the Union.

2. Structure and Key Features

The College of Commissioners

Electing a College

The president of the committee ;

Is the chief committee representative when meeting to cover with other EU establishments.

Allocates Commission portfolios.

Can compel a commissioner to vacate with the blessing of the college.

The Commission remains politically answerable to the Parliament Commission base.

3. Function of the Commission

The European Commission has four chief functions:

Proposing new statute law

( including audience ESC and CoR, NGOs )

Power mitigated to name for documents.

Implementing EU policies and the budget

Actual work and disbursement is done by national and local governments.

Important Role of the Court of Auditors`

Enforcing European Law

“ infringement process ”

Court of Justice

Representing the EU on the international phase

4. The Commissioner ‘s Working Method

College of Commissioners


Directorate General

Unit of measurements

Vote in the College

5. The political kineticss within the Commission

National prejudice


Administrative Culture

Competition for resources

6. Constitutional Amendments

April 2004 – 20 Commissioners

May 2004 – 25 Commissioners

Post 2007 – no more than 27 ( rotary motion system )

Lecture 5: The European Parliament

1. The Evolutionary nature of the European Parliament

ECSC pact ( supervising the High Authority and dismissal it with a two-thirds bulk )

EEC pact ( work as an consultative establishment )

1970s rights over the budget ( ain resources argument )

1980 Court of Justice governing on audience

1992 programme and demand for greater cooperation

Amsterdam and the power to O.K. the president

2. The European Parliament Structure

The European Parliament works in France, Belgium and Luxembourg.

There are 732 members.

3. The parties within the European Parliament

Establishing a group:

14 members from 5 different states

23 members if approaching from 2

Advantages of fall ining a group ( research required )

European People ‘s Party and European Democrats

Party of European Socialists

Liberal, Democratic and Reform Parties

Greens/European Free Alliance ( Left-wing neutral )

The President of the EP ( Josep Borrell Fontelles )

The Bureau is the president in add-on to the 14 vice-presidents

Conference of presidents is composed of the EP president and the president of the political groups

The Committees

4. The decision-making procedure within the European Parliament

Preparation phase for the plenary session

The plenary session itself

5. Parliament ‘s Function

1. The power to pass

2. Institutional supervising

When a new Commission is to be appointed

The Commission is politically answerable to Parliament

Analyzing studies sent to it by the Commission

Proctors the work of the Council

Exercise democratic control by analyzing requests signifier citizens a

Input signal to every EU acme

3. Control over the budget

6. Political kineticss within Parliament

Lack of full legislative power similar to national parliaments

Low turnout

The function of the EP is more opaque than national parliaments

Closely linked to this is the absence of multinational, European media

The consequences of the elections do non hold an consequence on the composing of the European Commission or the Council of Ministers

The European parties are extensions of their national parties

The issue of a European individuality

Party groups frequently cover really wide political orientation

Constitutional Changes

Maximum and minimal figure of seats ( 750 )

The debut of the “ ordinary legislative process ”

Simplified budgetary process

Lecture 6: The European Court of Justice


The Court of Justice of the European Communities was set up in 1952

Location in Luxembourg

Separate from the establishments


The Court of Justice is made up of 25 Judgess and 8 Advocates-General

The Judges and Advocates-General are appointed by common agreement

The Judges select one of their figure to be President

Plenary Sessionss and Chamberss

The Court of Justice may sit as a full Court, in a Grand Chamber ( 13 Judges ) or in Chamberss of 5 Judges.

The Court sits as a full Court in the really exceeding instances

The quorum for the Court is 15

Research: Van Gend en Loos, Frankovich instances

Legal power

“ Court of First Instance ” was created in 1989

“ juridical panels ” ( EU Civil Service Tribunal )

The Functioning of the Court in set abouting these maps

Two stage process: foremost a written and so an unwritten stage.

Judgments of the Court are decided by a bulk and pronounced at a public hearing. Dissenting sentiments are non expressed.

The Court ‘s maps

The Court gives opinions on instances brought before it. The four most common types of instance are:

Requests for a preliminary opinion

Proceedings for failure to carry through an duty

Proceedings for revocation

Proceedings for failure to move.

Constitutional Changes

The supreme organic structure will be called the “ Court of Justice ”

Court of First Instance will be renamed “ General Court ”

Puting up of a panel to give an sentiment on campaigners ‘ suitableness

Fundamental law should do it easier for citizens to dispute the Union ‘s regulative Acts of the Apostless under which punishments are imposed.

Lecture 9: The European Central Bank

1st January 2002 – 12 EUmembers adopt individual currency

The European Central Bank was set up in 1998

Framing and implementing the EU ‘s economic and pecuniary policy

To present and pull off this new currency

Conduct foreign exchange operations

Ensure the smooth operaion of the payment systems

Situated in Frankfurt

Reasons for a individual currency

Economic grounds:

Greater internal trade

Transaction costs minimised

Individual market needs individual currency

Antagonistic statements:

Peripheral countries may endure through deficiency of financial redresss

Political statements:

Greater European individuality

Pre-cursor to political brotherhood

Additions economic assurance

Historical Development

1969: The Hague Summit

The Economic crisis of the seventiess

Deloris study

Maastricht ( three province developemtn of the Euro )

Low and convergent rising prices rates

Budget shortage of 3 % of GDP

Public debt degrees of 60 %

Stable exchange rate

European System of Central Banks ( ESCB )

Euro Area and ‘Eurosystem ‘ ( ECB and 12 Euro states )

ECB independency

Its Organizational Structure

The Executive Board ( President of the ECB, the Vice-President and four other members )

Implementing pecuniary policy

Prepeares the Regulating Council meetings

Daily direction of the ECB

The Regulating Council ( Executive Board, governors of euro zone )

To follow the guidelines and take the determinations necessary to guarantee the public presentation of the undertakings entrusted to the Eurosystem ;

To explicate pecuniary policy for the euro country. This includes determinations associating to pecuniary aims, cardinal involvement rates, the supply of militias in the Eurosystem, and the constitution of guidelines for execution of those determinations.

The General Council ( ECB ‘s President and the Vice-President, all governors )

Transitional organic structure ( Carries out the undertakings taken over from the EMI )

Its Main Tasks

The definition and execution of pecuniary policy for the euro country

The behavior of foreign exchange operations

The keeping and direction of the official foreign militias if the euro country states ( portfolio direction )

The publicity of the smooth operation of payment system



Lecture 10: The European Court of Hearers

The Court of Auditors has three chief maps:

To guarantee the gross that the European Union is entitled to is collected

Regulates and audits the money spent by the European Union, manages the minutess that comes into the EU and out of the EU in a legal manner.

Ensure proper direction of the EU budget, money spent in a prudent manner.

It is exceptionally of import because fraud is considered to be the chief ground for euro-scepticism. The Santee Commission, for illustration, was brought down on issues of fraud. The Court of Auditors was created to get the better of the allegations of fraud, but really added to the job of fraud, since it put a batch of focal point onto the

In 1975 there was the sign language of the Budge3t Treaty, whereby the EU had its ain resources guaranteed. Because states like Holland were n’t lament on their resources being controlled by other member provinces, they created the Parliament.

The budget is drafted by the parliament, but for it to go enforceable it has to be signed by the Parliament.

Maastricht made the Court of Auditors the position of an EU establishment.

Lecture 11: The Economic and Social Committee

Created by the Treaty of Rome in 1957

Consulting the Committee enables the Community ‘s decision-making organic structures to derive a better thought of:

The impact Commission proposals are likely to hold on those most straight concerned

What changes may be necessary to enlist wider support.

In add-on the Committee besides makes known its positions.

September 2001 a cooperation understanding was signed with the Commission.


The ESC as a corporatist enterprise

The Single European Act ( 1986 ) , the Maastricht Treaty ( 1992 ) , the Amsterdam Treaty ( 1997 ) and the Treaty of Nice ( 2000 ) have reinforced the EESC ‘s function.


The 317 members of the EESC nominated by national authoritiess

They belong to one of three groups: Employers, Employees and Assorted Interests.

Germany, France, Italy and the United Kingdom have 24 members each, Malta 5.

Internal Organization

1. Presidency and agency

Secretariat General

Employers ‘ Group ( Group I )

Employees ‘ Group ( Group II )

“ Assorted Interests ” Group ( Group III )

2. Sections

The Committee has six subdivisions:

Agribusiness, Rural Development and the Environment ( NAT )

Economic and Monetary Union and Economic and Social Cohesion ( ECO )

Employment, Social Affairs and Citizenship ( SOC )

External Relations ( REX )

The Single Market, Production and Consumption ( INT )

Conveyance, Energy, Infrastructure and the Infrastructure and the Information Society ( TEN )

A new Consultative Committee on Industrial Change has been incorporated into the EESC construction following the termination of the ECSC Treaty in July 2002 ( CCIC )

Malta ‘s five members sit on the assorted commissions:

Attard, Grace ( National Council of Women ) REX, SOC

Calleja, Edwin ( Secretary General FOI ) ECO, SOC

Darmanin, Anna Maria ( Chairperson, UHM ) ECO, INT

Pranis, Michael ( Deputy Secretary General, GWU ) ECO, SOC

Sciberras, Sylvia ( Director at PBS, GRTU ) INT, REX, SOC

Plenary Session

Overall Analysis

The ESC is a advisory group

Frequently ignored

Claims to be listened to

Interest groups have other countries of influence

Importance in general policy issues

Constitutional Changes

Drawn-out length of term of office

Lecture 12: The Committee of the Regions

Established in 1994

CoR was set up to turn to two amin issues:

Regional ordinances in finding regional execution

Subordinateness and delivery citizens closer to the Union

The Maastricht Treaty set out 5 countries:

Economic and societal coherence

Trans-European Infrastructure webs




The Amsterdam Treaty added another five countries to the list – employment policy, societal policy, the environment, vocational preparation and conveyance.




Members and Mandate

317 members

Malta has five representatives. These are the city manager of Birkirkara, Kalkara and San Lawrenz and a council member from Zurrieq and Gzira.

The Committee organises its work through six specialist Committees.

CoR plenary Sessionss

There are four political groups represented in the CoR, reflecting the chief European political households: the Party of European Socialists ( PES ) , the European People ‘s Party ( EPP ) , the European Liberal Democrat and Reform Party ( ELDR ) and the European Alliance.

The Bureau

The President

The Vice-President

25 other Vice-Presidents ( one for each Member-State )

25 other members

the presidents of the political groups.

Decisions and constitutional alterations similar EEEC.



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