The European Union: A History of Treaties and Institutions
TREATIES: PARIS:
1951, gave birth to the European Coal and Steel Community (ECSC), uniting FR, GER, IT, BENELUX. Led by Jean Monnet as its 1st President of the High Authority, the treaty came into effect in July 1952 and had a fixed duration of 50 years, expiring in July 2002. Upon its expiration, the ECSC’s material scope was integrated into the Treaty establishing the European Community, with the EU inheriting the rights and obligations of the inte agr formed under the ECSC.
ROMA
1957, same 6MS:
EEC
Aim of achieving eco integration and laying the groundwork for a closer union among its MS. It introduced a common market and customs union, encompassing the free movement of goods, people, services, and capital. The EEC evolved into today’s European Union (EU), absorbing products previously regulated by the ECSC. Concurrently, the TofR also established the European Atomic Energy Community (EURATOM)
, initially aimed at developing nuclear energy for peaceful purposes. While EURATOM maintains separate legal status, it shares institutions with the EU. Over time, the EEC faced challenges, such as the “Empty Chair” crisis in 1965, resolved through the LUX Compromise, which temporarily reinstated unanimous voting for critical matters until the Single European Act in 1986 established qualified majority voting in the Council as the general rule. Additionally, the creation of the EFTA 1960 provided an alternative for countries not initially joining the EurCom, evolving into the EEA 1994 to enable EFTA states to participate in the EU’s internal market.
1st ENL:
1973 (UK, Ire, Den, 9MS).
2nd
81 GREE.
3rd
86: SP, POR, 12 MS.
SEA
Sign1986 and effct 1987, marked the 1st amendment to the original TR: formal recognition of the EurCounc and the expansion of areas of competence for the EEC, encompassing monetary union, soc policy, eco and soc cohesion, research and devel, and environmental prot. A key aspect of the SEA was the strengthening of the single market, with a target date set for its completion by December 31, 1992, aiming to eliminate all barriers to the free movement of goods, services, people, and capital within the community. Additionally, the SEA facilitated institutional changes, such as granting increased legislative powers to the European Parliament and establishing qualified majority voting as the standard procedure for decision–
Making in the Council.
T on EU/ Masstrch, sig 1992 and enf 1993, represented a significant overhaul of the original founding treaties. The treaty brought about fundamental changes to the EEC, renaming it the EC to signal its broader scope beyond eco matters. It extended the EC’s competences to include areas such as educ, cult, pub health & soc policy, while granting the Eur Parl increased legislative powers through the co-decision procedure. Additionally, the Maastricht Treaty introduced the concept of European citizenship and outlined a timetable for the establishment of the European Monetary Union (EMU) and the adoption of a single currency.
Creation EU:
EU= structure made up of 3 pillars (dismantled today): supranational pillar ( transfer of sovereign powers from the MS to the institution)= pillar 1 ( including EC, euratom, ECSC). Ntergovrnm pillar: no transfer sovereign powers, cooperation and sgreement between MS: pillar 2 ( coop between states in foreign and security matters (CFSP), pillar 3: coop between stt inon justice and home affairs, later renamed as CPJMC, police and judidial coop in crim matters.
EC: defins gen policy orienttns & priorities of EU, not legst funct.
Orgn
Informal meetng progres institutnlzd (SEA recog meet 1st time in a treaty), becme EI w/ eif LisbT09.
Europn smmts:
end meet= conclsns (reflect results frm disccssns, adopt declarations (imprtnt positins of princip or of partic imprtnc)&decisions ( none leg acts), meet
2/s (4/y), extra-ord meet call of de presdnt, in Brussels (excpt extraor circ), preparation meetings= GAC.
D-M:
EuCoun takes the majority of decissns by consensus except where the treaties provide otherwise, then by quaified maj or simple maj. When EP decides by bote, only Heads of Stt or Gvrnmnt my cast a vote.
PRES:
introducd by LisbT to give + visibiity&permnnce to the EU in its external projection, INT FUNCT
:
coordn works of EC & responsbl for convening & chairing it meeting & driving forward its work. EXT FUNC: repres EU in common Foreign & Secrt Policy matters, together w/ High Representtive of the Union for Foreign Affairs & Sec Policy. The Presi, Charles Michel, is elected by the EurCounc for 2 1/2y (qualfied maj), w/possib of 1 re-electn. It is a full time position, so presi may not simultaneusly hold natnl charge.
GSC
Is the body to staff responsible for assisting 2 EU institutions: EuropCounc + presi, Council of EU + presis, COREPER & other council committees & working parties.
Euro-smmits:
establish strategic guideliness for eco policies in eurozone. Gradual institutionalistns: eurozone polit leaders met for the 1º time in 2008, where they agreed on concerted action in response to the eco crisis, in 2012 they sign the TSCG a treaty that formalized the meetings of Euro- Summits (2/y, if possib they should be held after EurCounc meeting in Brussels).
Compossed by:
Heads stt or gvrnmnt of eurozone, pres of euro-smmit (simple maj, 2 1/2y), presi EurComiss, Presi EurCenBank, presi Eurogroup (eurozone financial ministers) and presi Eur Parl may be invited.
Coun, counc of eu, counc minists
It is the voice of the gvrnmnts of the EU MS & repres nat intrs, although their delibertns seek to harmonize these particular intrs in the common & higher intrs of the EU. Coord Eu policies & adopts legisltn. Meets weekly. Headq: BRUS (LUX april, june,oct). Member: 1/MS, empowerd to commit the gvrnmnt of each MS, the ministers attending each Council meeting depend items on the agnda= 10 conf, 9 chaired by MS holding the rotating prsdcy: agrc&fish/ compettvnss/eco&finan aff/envirnmt /emplymt, soc policy ,health&consummr aff/ Edctn, Youth, Culture&sport/ justice&home aff/ transpottn, telecom&energy. 1 chared by the High Repres of the Union for foreign aff&sec policy= foreign aff.
GAC
Ensure consistency in the work of all Council config, prepares&follows up on meetings of the EurCounc, responsibl for a nº of cross-cuttting policy areas (<Eu enlargement& accesion negot) Rot Presi of C:
among MS 6m, order decid by Coun by qual maj & may be modif as a conseq of spec circunsm affect a Stt (aplies to coreper too). Ensure work continuity, 6m presis work in groups of 3= troikas, to set long-terms goals and prepares a common agend determnng the topics & major issues that will be addressed by the Coun over a 18m. Now: SP, Bel (1jan- 30jun), Hung. 2 funct: chair the mmetngs of the C, determine its agenda, set a work program/ represent the C in relatns w/ other EU instint &facilitt dialogue both at C meetings & w/other EU instit. COREPER: compos perm repres of the govrnmnts of the EU MS. Its meetings are chaired by the permant repres of the country holding the rotatory presi. Task: coord & prep wotk of dif Counc config, ensures consistency of EU´s policy, works out agrrmnt &compromises which are then submitted for adoption by the Counc. 2 config: C.II: made up of the heads of the perm represtns of the MS to the EU. It deals with matters pertaining to the GenAff, ForAff, Eco&Financ aff and just& home aff. C.I: compos of each country´s deputy permanent represnttvs, + tech issues. COREPER I, composed of each country’s deputy permanent representatives. Prepares all other Council formations (more technical issues). 2 config meet 1/w. FUNCT:
Adopt legis jointly by the Coun & EP, following a proposal made by the Comiss, definition & coordintn of the polcies of the MS, development of the EU´s comm foreign&sec policy, conclusion of int agree betwn EU & non-stt or other int org, approve eu budget (w/ep).
D-M:
Council vote if majority present, decisions bind all MS, acts are public. Qualified maj (general, requieres favorable 55& of MS, a blocking minority: at least 4 Counc memb present at least 35% of the EU population, an abstention under qual maj voting counts as a vote against), Unanimity (issues considered sensitive fot the States), simple maj (at least 14MS, procedural matters or to request the Comiss to undertake studies ir submit proposals). Eurogroup:
informal body form by minist of eco and finan of MS of the eurozone and repres of Comms and ECB. Prom eco growth & finan stability in eurozone bt coor eco policies, also prepar meetings euro-summmit. Elect presi 2½ y. Now: Paschal Donohoe, Minister of Finance of Ireland.
GSC:
respons for assisting 2 EU instit: EU Coun (+ presi), Council of eu (+p), Coreper
EP:
voic of people/citizens, institution that has undergone the + changes since the begging of the integration process: it has been provided w/ substantially increased powers over time. It was originally made up of delegates from nat parliamnts. Since 1979: MEPs directly elected (univ suffr) by EU citizens to repres their interests. Elect 5y vote cit +18 (except..) Locat in Strasbourg (offic seat & venue for 12 plenary sessions/y), BRUS (venue of commission meetings & additional plenary meetings), LUX (gen Secretariat).
Compos: 707MEPs to 720. Seats allocated on the basis of popultn of each MS, but MEPs grouped by pol affinity not nationality, some do not belong to any pol group and are known as non-attached Memb. Voting: absolut maj (general), may change for reasons= rejection of proposal, motion of censure of the comiss (double maj of ⅔ of the votes cast and absolute maj of the MEPs. Quorum exists when ⅓ MEPs in Chamber. INT ORG:
presi Roberta Metsola, The EP elects its own President by abso maj, the Vice-Presidents (14) and the Quaestors (5, who deal with eco-admin matters related to work condit of the deputies), for a renewable term of 2 ½ years. Presi directs all parliamentary act and repres the EP before other instittns. Org parl work:
EP Bureau: EP Presidency, Vice-Presidents and Quaestors (without voting rights) It regulates eco, org-admin matters affecting the deputies, the secretariat & officials & other agents of the EP. Conference of Presidents: EP Presidy and pol groups prescy, org parl work, agenda, hearings, leg progrm & rel w/ other instit & ext bodies. Parliamntry cmtts: The EP may work in plenary or through commits, the pol makeup of the commtts reflects that of the plenary assembly. The committ examine the issues requested by the plenary A rapporteur is entrusted with the preparation of a report and a draft resolution or opinion, which is then submitted to the plenary for discussion and vote. A) Permanent/ Standing thematic commtts B) Special/ Temporary committes ( 12m may extended). C) Committs of Inquiry: examine allegations of infringement or mal-admin in the appltn of EU law that are set up at the request of ¼ of the MEPs. Conf of Comtee Chairmen: pol body in Parliament that works for better coop between cmtees. Consists of the chairmen of all the standing and temporary committees. Parliamry deleg: Groups of MEPs that maintain and develop relations w/ the parliaments of countries, regions or org that do not belong to the EU. 45 perm deleg at present. Conf of deleg Chairs: chairs of all perm parliamtry delegtns. Comp/Powrs:
Legisltv pwrs (EP%Coun are c-legislatrs on an equal footing under the ordinary legsltv procedure. Other cases, prior approval of the EP is required). Advisory & deliberative powers (consultative advisory powers: Coun & Comssn must seek EP´s opinion before adopting certain decisions, the content of the opinion is not mandatory, but it is mandatory to request and read it. The cases in which an advisory opinion of the EP must be requested have been reduced in favor of the ordinary legislative procedure, in which the EP has full decision-making capacity.). Delib on own initiv: The EP can delib & pronounc on its own initiative on EU issues or others on which it wishes to express its opinion (HHRR viol…). Budgetary Comp:
EP w/Coun powr decide annual budg. Supervisory & control powers: Questions (asked for inform or explanations), Annual general report and sectoral reports (Comiss submit anual rep on specific areas to EP. Temporary Committees of Inquiry ( to examine allegations of infringement or mal-admin in the applictn of EU law, conclude work with report that present to plenary and it decides to make public), Motion of censure to the Comission ( tabled by 1/10 of the MEPs. To pass it, a double majority is needed: 2/3 of the votes cast and an absolute majority of the EP. If it passes, the Commission must resign collectively), Participtn in the appontmt of other instit (It has the final decision on the electi of the Presi of the Comiss & the comiss as a whol, appoints the Ombudsman and is consulted by the Council before appointing the mem of the Court of Auditors and the Executive Board of the ECB. Right to petition the EP (any citizen of the EU, or resident in a MS, may submit a petition to the EP at any time on a subject which falls within the EU’s fields of act & which affects them directly. The petition can be a complaint, request or observation on problems relating to the application of EU law or a call for EP to take a position on a specific issue. If admissible, the petition may enable EP to point out any violation of a European citizen’s rights by a MS, local authorities or other instit.
COMMSSN: prom comm intrst of EU, it is the “engine of Eurpn integrtn”. Cmpstn, indepndc, collegiality:
college of cmmssinrs (1/MS) , Incldng its prsdncy & High Repres for Foreign Aff & Sec Policy, who will be 1 of its vice-presis. Cmssnrs shall be chosen for their generl cmptncs & Europn cmmtmnt from among persns whose indepndc is beyon doubt. “Collgility” of the cmssn is based on the equality of its members in partcptng in the adoption of its decsns, on which they deliberate collectively. Decsns adopted abs maj & the cmmssn assumes colltve rspnsblty : they´re dcsns of the institution as a whole & not of its members indiv, & they´re also jointly responsib befre the EP. Meets 1/w. Presi:
sets the pol directn of the Cmssns work, decides its int org, elects vice-presi from among other cmssnrs, who must resign if asked to do so by the Presi. Ursula Von der Leyen Vice-presi (8):
Cmmssn may have several vice-presis, one of whom is also the High Repres of Union dor For Aff & Sec Pol. Admin Structre:
cmmssn responsib for a vast admin str that includes: DG, services & delegatns (managed by EurpExtenlActnServce). Appointment of new Cmmssn:
new 5y, within 6m after EP elections. Procedure: 1º: EC propos new presi taking into account the outcome of the EP elect. Ep decides maj whether or not to approve propos (No, EC propose other). 2º: nominee initiat consltatns w/gvrnmnts of its MS to elect the remaining cmsnrs, who are proposed by qual-maj by the C. 3º: EP reviews and interviews proposed cmssnrs on their capability & person suitability. 4º proposed membts submitted collegiality for approval by the EP, app they can be formally appointed by EC. Pol accountability of the Cmsnrs before the EP:
commsn is politically accountable before the EP, the EP has the power to remove the cmssns frm office through adptioin of a motion of cnsr. The cmssn attends EP sessions, where it must clarify & justify its policies. Regurarly responds to writ & oral questions from deputies. Submit Annual Genrl Rport & sectoral reports to the EP. Also put EU budget in practiceMain Functns of the cmmssn:
prop legis & EU budget (right of legis initiative: 1. Prop legis in its ordinary legis procedure for its join adoption by C & EP. 2. Initiative required in most of non-leg acts). Non-leg regulatory D-M pwrs (entrusted w/ coord, implmnttn, management function strictly defined by the Treaties/adopt non-leg acts by delegtn from C &EP to supplement or amend non-essential elem of a leg act/ adop non-leg implmntn acts to ensure uniform conditions for the implmmnttn of leg acts in all MS). Monitrng compliance w/EU law (comsn= guardian of treaties. 2: (Control of compliance w/EU law by indiv or enterprises: usually based on specfc provsns of the tresties relatd to the energ, transp, rules on compttn, in which Cmssn has direct intrvntn pwrs) /(Control of compliance with EU law by MS: “INFRIGMENT PROC” The Cmssn identifs possib infrngmnts of EU law on the basis of its own investigations or complaints from citizens, businesses or other stakeholders. If the EU country concerned fails to communicate measures that fully transpose the provisions of directives, or doesn’t rectify the suspected violation of EU law, the Commission may launch a formal infringement procedure. Steps: 1. Cmssn sends a letter of formal notice requesting further inform to the country concerned, which must send a detailed reply within a specified period, usually 2 months. 2. If the Cmssn concludes that the country is failing to fulfil its obligations under EU law, it may send a reasoned opinion: a formal request to comply with EU law. It also requests that the country inform the cmssn of the measures taken, within a specified period, usually 2 months. 3. If the country still doesn’t comply, the Commission may decide to refer the matter to the Court of Justice. Most cases are settled before being referred to the court. 4. If an EU country fails to communicate measures that implement the provisions of a directive in time, the Commission may ask the court to impose penalties. 5. If the court finds that a country has breached EU law, the nat authorities must take action to comply with the Court judgment. • Non-compliance with a court decision: If, despite the court’s judgment, the country still doesn’t rectify the situation, the cmssn may refer the country back to the court). Financial penalties: When referring an EU country to the court for the second time, the Commission proposes that the court impose financial penalties, which can be either a lump sum and/or a daily payment. The court decides on the final amount to be paid by the country.