EU LAW I

Lecture n. 2
EU Institutions and Organs

Dr Aspasia Archontaki
Adjunct Faculty UNIC, Adjunct Faculty OUC
 Principles
• Principle of institutional balance
It prohibits any encroachment by one institution on the powers
of another. It is the responsibility of the CJEU to ensure that this
principle is respected.
(see CJEC, Case 9-56 Meroni & Co., Industrie Metallurgiche, SpA
v High Authority of the European Coal and Steel Community).

• Principle of conferral
The EU’s institutions act only within the limits of the
competences that EU Member States have conferred upon
them in the treaties.
 MAIN EU INSTITUTIONS
- the European Parliament
- the Council of the European Union
- the European Commission
- the European Council
- the Court of Justice of the European Union
- the Court of Auditors
- the European Central Bank
 EUROPEAN COMMISSION
Art. 13 and 17 TEU, Art. 244 – 250 TFEU
It is composed by 27 commissioners (one from each EU
Member State), including the President of the
Commission and its Vice-Presidents.

The High Representative of the Union for Foreign Affairs

and Security Policy, who is the chief coordinator and
representative of the Common Foreign and Security
Policy (CFSP) within the European Union (EU), is one of
the Vice-Presidents ex officio.
The European Commission represents and protects the general
interests of the Union.

The Commissioners:
- are completely independent. They do not represent their
country. They must be completely neutral. They represent the
general European interest, with no national preference.
- shall refrain from any action incompatible with their duties.
- are responsible for a particular field and have an entire
administration at their disposal in what is called a Directorate-
General.
 Appointment-Procedure
• The President of the Commission is first proposed by the European Council, following a Qualified
Majority Vote (QMV), taking into account the latest parliamentary elections (any person from the
largest party can be picked).
• That candidate then faces a formal election in the European Parliament. If the European Parliament
fails to elect the candidate, the European Council shall propose another within one month.
• The High Representative is appointed by the European Council acting by qualified majority.
• Following the selection of the President, and the appointment of the High Representative by the
European Council, each Commissioner is proposed by their member state (except for those states
who provided the President and High Representative) in consultation with the Commission
President. The Council of the European Union formally adopts the list of candidates.
• The President's proposed College of Commissioners (including the High Commissioner) is then
subject to hearings at the European Parliament which will question them and then vote on their
suitability as a whole. If the European Parliament submits a negative opinion of a candidate, the
President must either reshuffle them or request a new candidate from the member state to avoid
the college's outright rejection by the European Parliament. Once the college is approved by
parliament, it is formally appointed following a QMV vote by the European Council.
• Following the college's appointment, the President appoints a number of Vice-Presidents from
among the commissioners. Vice-Presidents manage policy areas involving multiple Commissioners.
 Principle of Collegiality
CJEC, C-191/95, Commission v. Federal Republic of Germany,
29.09.1998 par. 39: According to settled case-law, the
principle of collegiality is based on the equal participation of
the Commissioners in the adoption of decisions, from which it
follows in particular that decisions should be the subject of
collective deliberation and that all the members of the college
of Commissioners should bear collective responsibility at
political level for all decisions adopted (Case 5/85 AKZO
Chemiev Commission [1986] ECR 2585, paragraph 30; Joined
Cases 46/87 and 227/88Hoechst v Commission [1986] ECR
2859, and Case 137/92 P Commission v BASFand Others,
cited above, paragraph 63).
 The Commission has four main
functions:
• Proposing new laws and policies to the Parliament and
the Council of the Union;
• Managing EU policies and allocating EU funds;
• Ensuring that EU law is properly applied without
prejudice to the Court of Justice prerogatives;
• Representing the Union at international level for
example in negotiations with third countries for the
conclusion of agreements, without prejudice to the
prerogatives of the President of the European Council.
.
 EUROPEAN PARLIAMENT
art. 13 – 14 TEU, art. 223 – 234 TFEU
It is composed of representatives of the Union’s citizens
elected by direct universal suffrage for a five-year period.
The number of MEPs for each country is proportionate to
its population (principle of degressive proportionality).
However, no country can have fewer than 6 or more than
96 MEPs.
The total number of MEPs cannot exceed 750 (plus the
President). (currently 720 MEPs plus the President).
 Political groups
MEPs are organized in pan-European political groups
according their political stance.
Each political group should be composed of a minimum
25 members and representing at least one fourth of
Member States (=7 MS).
MEPs are grouped by political affiliation, not by
nationality.
MEPs can sit in only one political Group; those who do not
belong to any political group are known as Non – Inscrits/
Non – attached.
During the performance of MEP’s duties:
- Incompatibilities with the office of MEP
- Personal immunity from prosecution, arrest and
detention
- Views-expressed disclaimer
 Sessions
Plenary sessions
All the MEPs gather in the chamber to give a final vote on
the proposed legislation and the proposed amendments.
Normally held in Strasbourg for four days a month, but
sometimes there are additional sessions in Brussels.
 Committees
Standing committees
to instruct legislative proposals through the adoption of reports, propose
amendments to Plenary and appoint a negotiation team to conduct
negotiations with the Council on EU legislation. They also adopt own-
initiative reports, organise hearings with experts and scrutinise the other
EU bodies and institutions.
Committees of inquiry
set up after the submission of a request by the ¼ of the MEPs so to
investigate breaches of Union law or alleged maladministration in the
application of the Union law.
Special (ad hoc) committees
set up at any time on specific issues with a 12-month mandate, which
may be extended.
 Competences
Legislative
• Passing EU laws, together with the Council of the EU, based
on European Commission proposals
• Deciding on international agreements
• Deciding on enlargements
• Reviewing the Commission's work programme and asking it to
propose legislation
Budgetary
• Establishing the EU budget, together with the Council
• Approving the EU's long-term budget, the "Multiannual Financial
Framework"
Supervisory
• Democratic scrutiny of all EU institutions
• Electing the Commission President and approving
the Commission as a body. Possibility of voting a motion of
censure, obliging the Commission to resign
• Granting discharge, i.e. approving the way EU budgets have been
spent
• Examining citizens' petitions and setting up inquiries
• Discussing monetary policy with the European Central Bank
• Questioning Commission and Council
• Election observations
 THE EUROPEAN COUNCIL
art. 13 TEU, art. 15 TEU, art. 235 – 236 TFEU

It consists of:
- The Heads of State or Government of the EU MS
- The President of the European Council
- The President of the European Commission
The High Representative participates
It meets at least four (4) times a year

It does not carry out any legislative function.

It defines the strategic guidelines for legislative and operational planning.
It sets the EU’s policy agenda, traditionally by adopting ‘conclusions’ during its
meetings which identify issues of concern and actions to take.
 COUNCIL OF THE EU
art. 13 TEU, art. 16 TEU, art. 237 – 243 TFEU

It consists of the ministers from the 27 MS

The Council meets in 10 configurations, bringing together the relevant ministers from the Member States:
• General Affairs;
• Foreign Affairs;
• Economic and Financial Affairs;
• Justice and Home Affairs;
• Employment, Social Policy, Health and Consumer Affairs;
• Competitiveness (Internal Market, Industry, Research and Space);
• Transport, Telecommunications and Energy; Agriculture and Fisheries;
• Environment;
• Education, Youth, Culture and Sport.
*** The General Affairs and the Foreign Affairs Council are explicitly predicted in the Treaties. The number
of the other configurations varies. It depends on the adoption of a decision according to Art 236 TFEU.
The work of the Council is prepared by the Committee of
Permanent Representatives of the Member States (Coreper).

Coreper is divided into 2 parts:

Coreper II, composed of the permanent representatives of the
governments of the Member States, deals with items relating
to the General Affairs, Foreign Affairs, Economic and Financial
Affairs and Justice and Home Affairs configurations of the
Council;
Coreper I, composed of the deputy permanent
representatives, prepares all other Council configurations.
Sessions of the Council (except for the Foreign Affairs Council)
are convened and chaired by the six-monthly presidency.
It is the so-called system of equal rotation (art. 16 (9) TEU).
Criticism regarding its duration, as it is considered marginally
productive.

The Council, together with the European Parliament, carries

out legislative and budgetary functions.
It is also the lead institution for decision-making on the
common foreign and security policy (CFSP).
EUROPEAN COURT OF AUDITORS
art. 13 TEU, art. 285 – 287 TFEU

It is a collegiate body of 27 Members, one from each

Member State for a six-year renewable term. The Court’s
Members are appointed unanimously by the Council of
the EU, after consultation with the European Parliament.
Its President is elected among the members themselves
for a three-year renewable term.
 Competences
• audits EU revenue & expenditure, to check EU funds are correctly raised,
spent, achieve value for money and accounted for
• checks any person or organisation handling EU funds – including spot checks
in EU institutions (especially the Commission), EU countries and countries
receiving EU aid
• writes up findings and recommendations in audit reports, for the European
Commission and national governments
• reports suspected fraud, corruption or other illegal activity to the European
Anti-Fraud Office (OLAF)
• produces an annual report for the European Parliament and Council of the
EU, which the Parliament examines before deciding whether to approve the
Commission's handling of the EU budget
• gives its expert opinion to EU policymakers on how EU finances could be
better managed and made more accountable to citizens
 EUROPEAN CENTRAL BANK
art. 13 TEU
It has separate legal personality
It operates within the "European System of Central Banks"
(ESCB) which includes all Member States’ central banks.
It implements the Union’s monetary policy and safeguards
the Euro, in the best interest of the nineteen Member States
that adopted this currency. These countries constitute
collectively the Eurozone and their central banks, together
with the ECB, form the so-called «Eurosystem».
 It has three decision-making
bodies:
• The Governing Council, which includes the six members
of the Executive Board and the governors of the national
central banks from the Eurozone countries;
• The Executive Board, which includes the ECB president
and vice-president plus four other members, all
appointed for a non-renewable eight-year period by the
Heads of State or Government of the Eurozone countries;
• The General Council, composed of the ECB president and
vice-president plus the governors of the central banks
from all EU countries.
 EU BODIES
- European Economic and Social Committee
- European Committee of the Regions
- European Investment Bank
- European Ombudsman
- European External Action Service
- European Data Protection Supervisor
- European Data Protection Board
- European Public Prosecutor’s Office
 EUROPEAN ECONOMIC AND SOCIAL
COMMITTEE
art. 13, par. 4 TEU, art. 300 – 304 TFEU

It is an EU advisory body.
It is composed of representatives of workers' and employers'
organisations and other interest groups (farmers, consumers).
They are nominated by national governments and appointed by
the Council of the EU for renewable 5-year terms. The number
of members per country depends on that country's population.
The EESC elects its President and 2 Vice-Presidents for two-and-
a-half-year terms.
 EUROPEAN COMMITTEE OF THE
REGIONS
art. 13, par. 4 TEU, art. 300 305 – 307 TFEU

It is an EU advisory body composed of locally and regionally

elected representatives coming from all 27 Member States.
They are nominated by national governments and
appointed by the Council of the EU for renewable 5-year
terms. The number of members per country depends on
that country's population.
The CoR appoints a President from among its members for
two-and-a-half-year terms.
 EUROPEAN INVESTMENT BANK
art. 308 – 309 TFEU
It has separate legal personality.
All EU counties are shareholders in the EIB.

Decisions are taken by the following bodies:

• the Board of Governors, comprising ministers (mostly finance ministers) from all
EU countries. It defines general lending policy.
• the Board of Directors, chaired by the EIB President, which comprises 28
members appointed by the EU countries and one appointed by the European
Commission. It approves lending and borrowing operations.
• the Management Committee, the Bank's executive body, which handles day-to-
day business.
• the Audit Committee checks that EIB operations are conducted in a proper
manner.
 EUROPEAN OMBUDSMAN
Art. 288 TFEU
The European Parliament elects the Ombudsman for a
renewable 5-year term.
It is an impartial body, it takes no orders from any
government or other organisation.
It investigates complaints about poor administration by EU
institutions or other EU bodies. These may be lodged
by citizens or residents of EU countries or by EU-
based associations or businesses or on its own initiative.
It does not investigate complaints against the CJEU while
performing its judicial duties.
One must make his/her complaint within 2 years of the
date on which you became aware of the problem.
The Ombudsman may be able to solve your problem:
- initially by informing the institution concerned
- Should this fail, by reaching an amicable solution
- Should this fail, by making recommendations to the
institution.
- Should this fail, by drawing up a special report to the
European Parliament, which must then take appropriate
action.
 SEAT OF THE INSTITUTIONS
• European Council – Brussels
• Council of the EU – Brussels
• European Commission – Brussels and Luxembourg and
delegations in all the MS
• European Parliament – Strasbourg, Brussels and
Luxembourg
• CJEU – Luxembourg
• European Court of Audits– Luxembourg
• ECB – Frankfurt
 LANGUAGE
Art. 55 TEU - the texts in each of the MS languages is
equally authentic
All EU acts and all the CJEU decisions are published in all
the official MS’ languages.
However, the working languages ​are mainly English,
French and German.
 Q1-2
The High Representative of the Union for Foreign Affairs
and Security Policy is a member of the European Council.
A. Correct
B. False

The High Representative of the Union for Foreign Affairs

and Security Policy is member of the European
Commission.
C. Correct
D. False
 Q3-4
The decisions of the European Council are taken by the
Permanent Representatives of the Member States
(Coreper).
A. Correct
B. False

The Council of the EU represents the common interest of

the EU and not each MS’ interest.
C. Correct
D. False
 Q5
Who are the EU’s co-legislators?
Α. The Council of the EU and the European Parliament
Β. The European Council and the European Parliament
C. The Council of Europe and the European Parliament
D. The European Commission and the European
Parliament
 Q6-7
In each configuration of the Council of the EU participate
the relevant ministers from the MS.
A. Correct
B. False

The number of the Council’s configurations is

predetermined and stable.
Α. Correct
Β. False
 Q8-9
There are as many Councils of the EU, as its
configurations.
Α. Correct
Β. False

The European Commission represents exclusively the

common interest of the EU.
Α. Correct
Β. False
 Q 10 - 11
A MS may recall its Commissioner at any time.
Α. Correct
Β. False

Once the European Parliament approves the Commission

as a college, the European Council is obliged to appoint
the Commission’s college?
Α. Yes
Β. No
 Q 12 - 13
The college of Commissioners should bear collective
responsibility at political level for all decisions adopted
Α. Correct
Β. False

The European Parliament acts as a counterbalance

against criticisms of democratic deficit in the EU.
Α. Correct
Β. False
 Q 14
Common rules for the elections of European Parliament
are applicable among MS? (i.e. the election day takes
places the same date/ the age limit is the same etc.)
A. Correct
B. False
 Q 15
Members of the European Parliament have been elected
by direct universal suffrage for a :
Α. Four-year period
Β. Five-year period
Γ. Six-year period
 Q 16
The allocation of seats in the European Parliament is
based on the principle of:
Α. Proportionality
Β. Degressive proportionality
Γ. Subsidiarity
 Q 17 - 18
Is it incompatible for a MEP to be Member of a national
parliament?
Α. Correct
Β. False

MEPs are organized in political groups by nationality

Α. Correct
Β. False
 Q 19
Which are the members of:
- the "European System of Central Banks" (ESCB)
- the Eurozone
- the «Eurosystem».
 Q 20 - 21
The European Ombudsman is dependant to the European
Parliament, since the latter is the competent institution for
his election.
Α. Correct
Β. False

The European Ombudsman investigates complaints about

national state organs’ poor administration.
Α. Correct
Β. False
 Q 22 - 30
Which general principles govern the functioning of the EU institutions and bodies?
What do you know about the principle of collegiality/ of degressive proportionality?
How many Committees of the European Parliament exist? What is their role?
Who are the Members of the European Council and the Council of the EU?
Who are the Members of the European Economic and Social Committee and the
European Committee of the Regions?
What do you know about the equal rotation system?
What does it mean that the High Representative of the Union for Foreign Affairs
and Security Policy is an en officio Vice-President of the European Commission?
Which EU institutions have separate legal personality? What is the consequence of
giving them separate legal personality?
Which are the tree decision-making organ of the ECB?
 Case 1
Commissioner X is a lawyer, citizen of MS Y and holds the Competition portfolio.
Although he seems to have officially retired from his legal activities, he often visits
his former law office.
Following complaints, the European Anti-Fraud Office conducts on-the-spot
investigations at the Commissioner's law office where, from various notes and
emails, it appears that X consistently provided legal advice to company A.
In fact, one of the cases that X was advising A was on a cartel case, which was
being examined by the Commission. X, in addition to legal advice, also provided A
with confidential information on the progress of the pending case. Following
publications in the press, members of the European Parliament want to bring the
issue to the plenary session of the Parliament with the aim of removing X as a
member of the European Commission.
1. Can X continue to practice law during his term as Commissioner?
2. Which procedure must be followed in order for X to be terminated from his
duties?