European Union: Structure, Institutions, and Processes
Part II: EU Organs and Institutions
Item 1: General Considerations
The EU’s institutional framework comprises five key institutions:
- Council of the European Union
- European Parliament
- European Commission
- Court of Justice of the European Union
- Court of Auditors
These are listed in Article 7.1 TEC and Article 5 TUE. Subsidiary bodies, like the Economic and Social Committee and the Committee of the Regions (EC field), are found in Article 7.2 TEC and serve consultative roles. Other economic bodies include the European Central Bank, the European System of Central Banks, and the European Investment Bank. The term “single” can be misleading due to exceptions like the Committee of the Regions, which is specific to the EC. Institutional powers vary among communities, yet all contribute to the EU. The intergovernmental pillars (CFSP and CPJP) do not have dedicated institutions.
Item 2: Principle of Institutional Balance
Article 3 TEU emphasizes institutional unity for consistent action towards EU objectives. The EU’s power structure is unique, distinct from traditional international organizations or states. As an integration entity, the EU involves sovereignty transfer, unlike cooperative models. Power distribution and institutional balance are central. Cooperation involves harmonizing certain state powers without impacting sovereignty, while integration involves assigning and transferring internal powers to an external body. The EU combines integration with traditional intergovernmental cooperation (CFSP and CPJP). It’s neither a classic international organization nor a state, but a “new political form” (Jean Monnet). The EU’s institutional structure exemplifies this specificity, with institutions sharing legislative, executive, and control functions. Representation exists at both European (Commission, Parliament, Court) and national (Council of Ministers, European Council) levels. The Court of Justice ensures legal compliance in treaty application and interpretation.
Institutional balance entails respecting inter-institutional relationships and the exercise of powers. Institutions are autonomous, without hierarchy or subordination. They must act within their powers, respecting the principle of economy of means. Shared responsibilities between states and the EU are exercised subsidiarily.
Item 5: The European Council
Absent from the 1957 Rome Treaties, the European Council originated in informal Heads of Government meetings (1961-1974). Formalized by the 1974 Paris Summit, these meetings became regular. The European Council was institutionalized by the Single European Act. Article 15.1 TEU defines its role, composition, and operations: providing impetus for EU development, defining general political directions and priorities, without legislative functions. It comprises Heads of State/Government, the European Council President, the Commission President, and sometimes Foreign Ministers. It meets twice per semester, convened by its President, with the High Representative for Foreign and Security Policy participating. Voting is by consensus. The President is elected by qualified majority for a 2.5-year term (renewable once).
The European Council operates through Heads of Government meetings, producing guidelines for the Council of Ministers and the Commission. Declarations, resolutions, and positions form the “conclusions.” Its powers include deciding major EU matters, boosting policy initiatives (treaty modifications, enlargement, diplomatic statements), and arbitrating between states. Article 13 TEU outlines its generative powers: driving and defining general political guidelines, coordination, arbitration. Article 26 TEU adds defining strategic interests, CFSP objectives, and defense-related issues. Specific CFSP powers include defining principles, guidelines, strategies, and common defense decisions. It acts as an appeal body if a state opposes closer cooperation.
Item 6: Council of the European Union (Council of Ministers)
Composition: Article 16 TEU specifies one representative per Member State at ministerial level, with varying members depending on the agenda. The ability to engage national governments and vote is essential. Nine configurations exist: General Affairs and External Relations; Economic and Financial Affairs; Justice and Home Affairs; Employment, Social Policy, Health and Consumers; Competitiveness; Transport, Telecommunications and Energy; Agriculture and Fisheries; Environment; Education, Youth and Culture. Article 16.6 TEU and Article 236 TFU outline the establishment and presidency of these configurations.
Operation: Regulated by TEU and Council Regulation DUOE. The President, Secretary General, and representatives manage proceedings. The Committee of Permanent Representatives (COREPER), regulated by Article 240 TFU, comprises Member State representatives. COREPER I examines legislative matters, while COREPER II handles other formations’ records. The Council meets in Brussels, with April, June, and October meetings in Luxembourg. Meetings are convened by the President, a member, or the Commission. Meetings are generally private, but public when deliberating/voting on legislative acts (Article 16.8 TEU).
Powers: The Council shares legislative power with the European Parliament, coordinates economic policies, makes monetary policy decisions, concludes international agreements, and shares budgetary authority. It also defines/implements CFSP, coordinates Member State actions, and adopts CJPP measures. It adopts regulations, directives, decisions, actions, or common positions, as well as conclusions, declarations, and resolutions. The Commission proposes legislation, with Parliament actively involved. Most rules are adopted jointly (co-decision). Voting weights are treaty-defined, requiring simple majority, qualified majority, or unanimity. Qualified majority is the default (Article 16.4 TEU), with unanimity retained for CFSP, taxation, asylum, and immigration. Qualified majority rules are defined based on Member State representation and population.
Item 7: The European Commission
Created in 1965, the Commission (Articles 244-250 TFU) drives European integration. Composition: Commissioners are elected by Member State governments for renewable 5-year terms, representing EU interests, not national ones. Until 2004, each state had one commissioner, with larger states having two. After 2004, each state had one. Post-Lisbon, the Commission includes one commissioner per Member State, the President, and the High Representative. After 2014, it will have 2/3 the number of Member States, plus the President and High Representative, with a rotation system.
Election and Appointment: The European Council proposes a Commission President candidate, elected by the Parliament. The Council approves other Commission members based on Member State proposals. The President assigns responsibilities, appoints Vice Presidents (with Parliament’s approval), and chairs the Commission, personifying the EU.
Operation: Commissioners influence the agenda. Meetings are private, decisions are by majority vote. Each Commissioner has a cabinet and oversees Directorates-General (DGs) responsible for policy areas and legislative proposals. DGs and services are organized horizontally and vertically. Committees provide opinions, participate in technical training, and monitor judgments.
Guaranteeing Treaties and Legality: The Commission monitors Member State compliance, issuing reports and deadlines for rectification. It can appeal to the ECJ, decide on exemptions, and investigate/punish fraud.
Legislative Initiatives: The Commission proposes legislation, representing EU interests. Most proposals originate from governments, interest groups, etc. The Council can request proposals. The Commission consults COREPER before approval, adhering to subsidiarity. It issues Green and White Papers and shares legislative initiative with the ECB on monetary policy.
Executive Powers: The Commission has direct executive powers in specific areas (competition, state aid) and implements regulations for primary/secondary legislation.
Item 8: The European Parliament
Representing EU citizens (Article 14 TEU), the Parliament’s members are elected by direct universal suffrage every five years. From 1952-1976, deputies were appointed by national parliaments. Direct elections began in 1979. Composition: The Parliament cannot exceed 750 members (Article 14.2 TEU). Incompatibilities include holding government positions, being a Commission member, judge, or member of other EU bodies. Members are organized into political groups, each with a president, board, and secretariat. The Treaty of Lisbon (Article 191 TEC) establishes regulations for European political parties.
Operation: The Parliament meets in Strasbourg, Brussels, and Luxembourg. Plenary sessions are public. Strasbourg hosts the budget session, Brussels hosts committee meetings and additional plenary sessions, and Luxembourg houses the administrative office. The annual session starts in March. Meetings can be requested by a majority of members, the Commission, the Council, or 1/3 of Parliament members (with the Conference of Presidents’ agreement). Seventeen parliamentary committees discuss and report on legislative proposals. Sub-committees, temporary committees, and integration commissions can be created.
Powers: The Parliament has legislative, budgetary, and executive control powers, plus appointment powers (Ombudsman, Court of Auditors President, ECB Chair/directors). Legislative procedures include consultation, assent, co-decision (ordinary legislative procedure post-Lisbon), cooperation, and special legislative procedure. It has initiative powers (Article 192 TEC/225 TFU). It exercises democratic control, requesting new proposals from the Commission. It approves Commission President appointments (elects post-Lisbon), holds hearings for commissioner positions, and can censure the Commission. The Ombudsman investigates maladministration complaints.
Item 9: The Court of Justice of the European Union
The Court of Justice (Articles 251-281 TFU) ensures legal compliance in treaty application and interpretation. It comprises 27 judges (one per country) and Advocates General. Its mission is to ensure the uniform interpretation and application of EU law across all Member States, and it plays a vital role in settling legal disputes between EU institutions, Member States, and individuals.