The European Union: A Guide to its Institutions and Functions

Posted on Aug 23, 2024 in Law & Jurisprudence

The Council of the European Union

The Council of the European Union is the main decision-making body of the Union. It shares with Parliament the responsibility of passing legislation. It also directs foreign policy and common security and defense of the EU and is responsible for key decisions on justice and freedom.

Decision-Making in the Council

  1. Decisions are agreed upon by simple majority, qualified majority, or unanimity.
  2. Almost all decisions are taken by qualified majority, where each country has a certain number of votes that broadly reflects the size of its population.
  3. However, when it comes to sensitive issues like taxation, asylum and immigration, or foreign policy, unanimity is required.

The European Parliament

The European Parliament represents all citizens of the member states.

Key Facts about the European Parliament

  1. Members of the European Parliament (MEPs) are elected every five years by the citizens of the 27 member states to represent their interests.
  2. Elections are by universal suffrage and are not divided by national delegation, but by political groups.
  3. The seat of the European Parliament, for historical reasons, is threefold:
    • Strasbourg (France): Where parliamentary sessions are held.
    • Brussels (Belgium): Where the various committees meet.
    • Luxembourg: Seat of the secretariat general.
  4. The European Parliament works in all 23 official languages of the EU.

Primary Mission and Political Groups

The primary mission of the European Parliament is to approve proposed legislation presented by the European Commission. Parliament shares this responsibility with the EU Council. Both also share the responsibility for approving the annual budget. MEPs do not sit in national groups, but in Europe-wide political groups. These include Democrat, Socialist, Liberal, and Green groups. Between them, the MEPs represent all views on European integration.

The European Parliament’s Role as Co-Legislator

  1. The Maastricht Treaty gives Parliament the role of legislator, through the co-decision procedure.
  2. The co-decision procedure empowers the Parliament to enact provisions with the Council.
  3. Co-decision is the ordinary legislative procedure (equating Parliament and Council). In special legislative procedures, the Parliament plays a purely advisory function.
  4. In practice, this procedure is used in sectors like free movement of workers, right of establishment, services, internal market, education, health, consumer protection, trans-European networks, environment, culture, and research.

The European Parliament’s Powers

  1. Legislative: Has co-decision, shares equally with the Council of the EU legislative power in some cases, and in others plays an advisory role.
  2. Control: Exercises political control of the Commission and also some control of the Council’s activities. It has the power to dismiss the European Commission.
  3. Budget: Approves and executes the budgets of the European Union.
  4. Elects the European Ombudsman, who investigates citizens’ complaints of maladministration by EU institutions.

The European Commission

The European Commission currently has 27 commissioners, one from each member state. These are appointed by the governments of member states, subject to approval by Parliament. It is the EU’s executive body. It represents and defends the common interests of Europe. Headquartered in Brussels, it is responsible for:

Responsibilities of the European Commission

  1. Proposing legislation.
  2. Acting as the executive.
  3. Being the guardian of the Treaties.
  4. Representing the EU on the international scene.

Commissioners

  1. Commissioners have a term of 5 years (coinciding with the European Parliament’s term) and are accountable for their actions before the Parliament, presenting an annual report and responding to oral or written feedback.
  2. Commissioners are nationals of member states but are prohibited from defending the interests of their states; their functions must be exercised with absolute impartiality.

Powers of the European Commission

  1. Representing the EU internationally.
  2. Overseeing the implementation of Community law, together with the Court of Justice.
  3. Proposing legislation presented to Parliament and the Council.

The Court of Justice of the European Union

  1. Created in 1952, the Court of Justice is the judicial body that ensures compliance with Community law and the uniformity of interpretation.
  2. It is based in Luxembourg.
  3. It comprises 27 judges and 8 advocates-general appointed by the governments of the 27 states for a period of 6 years.
  4. In 1989, the General Court was established to improve the judicial protection of citizens through the appeal process and focus the work of the Court of Justice on the uniform interpretation of Community law.
  5. Ensures the uniform application of legislation in all Member States.

The European Court of Auditors

The European Court of Auditors consists of 27 independent members who are responsible for:

Responsibilities of the European Court of Auditors

  1. Verifying the correct use of EU funds.
  2. Investigating any person or organization that receives EU funds.

The European Central Bank (ECB)

The European Central Bank (ECB) is the central bank of the European single currency.

Responsibilities of the ECB

  1. Establishing and expanding European monetary policy and ensuring sound financial management of the European budget.
  2. Based in Frankfurt.
  3. Independent of governments: The ECB has its own legal personality.

Main Function of the ECB

The main function of the ECB is price stability. There is price stability when inflation (year-on-year HICP) stands at rates below, but close to, 2% over the medium term. It controls the money supply and determines interest rates.

The European Economic and Social Committee (EESC)

The European Economic and Social Committee represents the interests of civil society (unions, employers, farmers, consumers, etc.) in the Parliament, the Council, and the Commission. It must be consulted on economic and social policy initiatives. It is composed of 344 representatives of various categories of economic and social interests.

and social interests.