EU Institutions and Decision Making

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European Union Institutions and

decision-making

Interactive Tests & Preparatory Material for Open Competitions

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Further links
The official website of the European Parliament
http://europarl.europa.eu
The official website of the European Commission
http://ec.europa.eu
The official website of the Council of the European Union
http://consilium.europa.eu
The official website of the European Court of Justice
http://curia.europa.eu
The official website of the German Presidency
http://www.eu2007.de/en/

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References, sources of information

 Relevant parts of theTreaty (TEC)


 Article 7 - 10
 Article 105 – 115
 Article 189 -267
 Rules of Procedure of the respective
Institutions and bodies
 European Parliament – OJ L 28/08/2002
 Council– OJ L 176 04/07/1991
 Commission – OJ L 308 08/012/2000
 European Court of Justice – OJ L 176 04/07/1991
 Court of Auditors
 Rules of Procedure
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&numdoc=32000Q3614&lg=en
http://eur-lex.europa.eu/LexUriServ/site/en/oj/2004/l_106/l_10620040415en00220045.pdf
http://www.europarl.europa.eu/omk/sipade3?PROG=RULES-EP&L=EN&REF=TOC
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http://curia.europa.eu/en/instit/txtdocfr/txtsenvigueur/txt5.pdf
Institutions and other bodies
Article 7
The tasks entrusted to the Community shall be carried out
by the following institutions:
EUROPEAN PARLIAMENT,
COUNCIL,
COMMISSION,
COURT OF JUSTICE,
COURT OF AUDITORS.
The Council and the Commission shall be assisted by
Economic and Social Committee
Committee of the Regions acting in an advisory
capacity.

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European Parliament
TEC Article189-201
• Composition
• 785 Members, for a term of five years elected by direct universal
suffrage (Other numbers/limits of MEPs: 626 – 700 – 732 – 736
– 785)
MEPs sit in political groups
President: Hans-Gert Pöttering (EPP-ED)
Works in:
Strasbourg - seat / plenary
Brussels - Committees, group, additional plenary
Luxembourg - administrative offices
Directly elected since 1979
Bureau: President+14 Vice Presidents+quaestors (consultative
capacity!)
Conference of Presidents: President+Chairmen of pol.groups
Quaestors (6): Financial/administrative issues
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Member state Seats      Member state Seats
     Germany 99      Austria 18
     France 78      Bulgaria 18
     Italy 78      Finland 14
     United Kingdom1 78      Denmark 14
     Spain 54      Slovakia 14
     Poland 54    Ireland
  13
     Romania 35      Lithuania 13
     Netherlands 27    Latvia
  9
     Belgium 24    Slovenia
  7
     Czech Republic 24      Cyprus 6
     Greece 24      Estonia 6
     Hungary 24      Luxembourg 6
     Portugal 24      Malta 5
     Sweden 19 Total: 785

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Political Groups in the EP
Formation of political groups:
MEPs elected in at least one-fifth of the MSs – new rule since 1.1.2007
minimum number of MEP’s required – 20
PPE-DE Group of the European People’s Party and European Democrats (277)
DAUL, Joseph
PSE Socialist group (217) SCHULZ, Martin
ALDE Group of the Alliance of Liberals and Democrats for Europe (106) WATSON,
Graham
UEN Union for Europe of the Nations Group (44) Co-presidency (!) CROWLEY,
Brian / MUSCARDINI, Cristiana
Verts / ALE Group of the Greens /European Free Alliance (42) Co-presidency (!)
COHN-BENDIT, Daniel – FRASSONI, Monica
GUE/NGL Confederal Group of the European United Left - Nordic Green Left (41),
WURTZ, Francis
IND / DEM Independence / Democracy (24)
IDS Identity, Tradition and Sovereignty Group (21) - GOLLNISCH, Bruno
NI Non-attached (13)
Note: numbers state of play May 2007 – there are always outgoing and incoming MEPs 

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Functions of the EP
Legislative power
Democratic control
Budgetary powers

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Decision making / main procedures
Codecision (Article 251)
Rights of the Institutions in first and second reading
Deadlines
Composition of Conciliation Committee (54: 27+27)
Consultation
Assent

Information
Budgetary
Cooperation (Article 252)

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Areas covered by codecision

customs co-operation, the internal market


non-discrimination on the basis of nationality
the right to move and reside the free movement of workers , social
security for migrant workers, the right of establishment, EU citizenship
employment, the fight against social exclusion, equal opportunities
and equal treatment
transport, trans-European networks
implementing decisions regarding the European Social Fund and the
European Regional Development Fund
the environment
culture, education and vocational training
health, consumer protection
research
transparency, preventing and combating fraud
statistics, setting up a data protection advisory body

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Areas covered by consultation
Police and judicial cooperation in criminal matters
Revision of the Treaties
Discrimination on grounds of sex, race or ethnic origin, religion
or political conviction, disability, age or sexual orientation 
Agriculture
Visas, asylum, immigration and other policies associated with
the free movement of persons
Transport - to have a significant impact on certain regions
Competition rules
Tax arrangements
Economic policy
Enhanced co-operation 

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Areas covered by assent
serious breaches of Human Rights
the uniform electoral procedure for the European
Parliament
certain international agreements having serious
budgetary implications
the accession of new Member States
specific tasks of the European Central Bank
amending the statutes of the European System
of Central Banks/ European Central Bank

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Democratic control
Parliamentary approval of the nomination of the
President of Commission and the Members of
the Commission as a body - COM is politically
answerable to the EP
Exercising control over COM – written and oral
questions, reports
Motion of censure (Article 201 TEC, Article 100
of Rules of Procedure)
Setting up temporary committees of inquiry

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The Council
Article 202-210
One single Institution
9 different configurations (reform of 2002 – RoP Annex I)
General Affairs and External Relations (including European Security
and Defence Policy and Developmnet Co-operation
Economic and Financial Affairs (including budget)
Agriculture and Fisheries
Employment, Social Policy, Health and Consumer affairs
Competitiveness (!) – comprising
Internal Market
Industry
Research
Tourism
Justice and Home affairs (including civil protection)
Environment
Transport, Telecommunications and Energy
Education, Youth and Culture (including audiovisual matters)

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How does the Council work?

Working groups – more than 250


Coreper (Committee of the Permanent representatives off
the MS’s) – responsible for preparing the work of the
Council
Coreper II (assisted by Antici group)
Coreper I (assisted by Mertens group)
– See next page for the relevant issues
Council of Ministers (9 configuration)
Seat in Brussels – but holds meetings in Luxembourg as
well (during April, June and October – Rules of
Procedure Article 1

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Coreper I and II subjects
Coreper I
comprising the Deputy Permanent Representatives, prepares the ground for
the following Council configurations:
– Employment, Social Policy, Health and Consumer Affairs;
– Competitiveness (internal market, industry, research and tourism);
– Transport, Telecommunications and Energy;
– Agriculture and Fisheries;
– Environment;
– Education, Youth and Culture (including audiovisual);
Coreper II
• comprising the Permanent Representatives, prepares for the other
configurations:
• General Affairs and External Relations (including European security and defence
policy and development cooperation);
– Economic and Financial Affairs (including the budget);
– Justice and Home Affairs (including civil protection).

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Responsibilities of the Council
Legislation
Co-ordination of the broad economic policies
Conclusion of international agreements
Approval of the EU’s budget (together with EP)
Development of the EU’s Common Foreign and
Security Policy
Co-ordination between the national courts and
police forces in criminal matters

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Voting procedure
Simple majority
only in procedural cases
Qualified majority voting (QMV)
QMV goes in most cases hand in hand with the co-decision (Exeptions:eg
Article 42 TEC coordination of social security)
minimum votes required (255/345 – 73.9%)
majority of Member States
a MS may ask for confirmation that the votes in favour represent at least
62% of the total population of the Union
Unanimity
ie.: CFSP, taxation, asylum, immigration policy
Special procedure – excessive deficit procedure (Art 104)
a majority of two thirds of the votes cast
excluding the votes of the representative of the Member State concerned.

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Number of votes per MS
Votes of MS’s
according to population
but not strictly proporotional, adjusted to the less populous
coountries
Germany, France, Italy and the United Kingdom 29
Spain and Poland 27
Romania 14
Netherlands 13
Belgium, Czech Rep., Greece, Hungary and Portugal 12
Austria, Sweden, Bulgaria 10
Denmark, Ireland, Lithuania, Slovakia and Finland 7
Cyprus, Estonia, Latvia, Luxembourg and Slovenia 4
Malta 3

TOTAL 345

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Roles of the Council Presidency
Chairs all meetings at all levels
Sets the Council agenda in technical and policy terms – ie.
Presidency priorities
Current presidency (1st half of 2007): Germany
Incoming presidencies
Portugal 2007 II.
Slovenia 2008 I.
Previous presidencies
Finland 2006 II.
Austria 2006 I.
UK 2005 II.
Luxembourg 2005 I.
Netherlands 2004 II.
Ireland 2004 I.
Italy 2003 II.
Greece 2003 I.

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European Council (The Summit)
Article 4 TEU
neither an EU institution nor a legislator but the main EU decision
making body (Constitution!)
introduced by the Single European Act (SEA)
has an official status since the Maastrichti Treaty (TEU)
provides the Union with the necessary impetus for its development
and defines the general political guidelines
other duties
Employment conclusions (Art 128.)
Broad economic policy conclusions (Art.99)
Composition: Heads of State or Government of the Member States
and the President of the Commission.
meet at least twice a year
submit to the European Parliament a report after each of its
meetings and a yearly written report on the progress achieved by
the Union.
Meet in Brussels (! According to Nice Treaty – after 19 MSs)

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European Commission
Article 211-219
Representing the interests of the Community
The term COM is used in two senses
the Commissioners - the College(27)
special composition between May-October 2004
profound knowledge of their portfolio
principle of collective responsibility - acting by simple majority
the Institution itself and staff
37 Directorates General and Services
Led by the Director General
Code of good administrative behaviour (Rules of Procedure) -
dealing with inquiries - reply must be sent within 15 working days
Seat – Brussels
but has offices in Luxembourg
and representations in MSs / delegations in 3rd countries

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Roles of the Commission
Exclusive right of initiative - power to propose
legislation
White Paper, Green Paper
Obligation to consult the two advisory bodies (EESC, CoR)
(!) Article 192 – the EP can request the COM to propose
To manage and implement EU policies and
budget
To enforce Community Law
„infringement procedure”
Representing the EU on the international stage

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European Courts
Article 220-246
Court of Justice of the European Communities
Was set up under the Treaty of Paris 1952 (ECSC)
Composition - 1 judge per each Member State
Can sit in Full court (27 judges) or „Grand Chamber” (13 judges) or chambers
of 5 or 3 judges
Appointed for a term of 6 years by joint agreement of the MS’s
President for 3 years
8 “advocates general”
role: presenting reasoned opinions („conclusions”) to Court
Seat - Luxembourg
President: Vassilios Skouris
Actions for failure to fulfil obligations
Actions for annulment
Actions for failure to act
Appeals on points of law
References for a preliminary ruling (!) 25
European Courts
Court of First Instance

• 1 judge per each Member State


• was created in 1989
• powers are extended by the Nice Treaty
• no advocates general
• President: Bo Vesterdorf

•Actions for annulment

• Actions for failure to act

• Actions for damages

• Actions based on an arbitration clause


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European Union Civil Service
Tribunal
”European Union” and not of European
Communities – powers are not related to the 3-
pillar structure
7 judges in all
was created in 2005
powers limited to EU staff cases
no advocates general
Can sit in full chamber or chambers of 5 or 3
judges
President: P. Mahoney
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European Economic and Social Committee
Article 57-263
EU body with an advisory status
founded under the Treaty of Rome in 1957
function as channel in the interests of the „organised civil
society”
Employers, trade unions etc.
Lobbying?
currently 344 Members (Romania: 15, Bulgaria: 12)
In EU15 – 222 Members
Members are delegated by the MS’s
term of 4 years
seat - Brussels
meets in plenary 9 times annually + 6 subcommittes
President in office: Dimitris Dimitriadis

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Committee of the Regions
Article 263-265
EU body with an advisory status
set up under the Treaty of Maastricht in 1994
Function – ensures that the interests of local and
regional governments are taken into account
currently 344 Members
In EU15 – 222 Members
Members are delegated by the MS’s
term of 4 years
seat - Brussels
meets in plenary 5 times a year + 6 Commissions
President in office: Michel Delebarre

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European Court of Auditors
Article 247-248

established in 1977
one Member per each MS for 6 years
president for 3 years - Hubert WEBER
seat – Luxembourg
functions
examines all revenue and expenditure of the Community
Carries out on-the-spot checks
help the budgetary authorities in sendign a statement of
assurance
Gives an opinion before adoption of EU’s financial regulations
Annual Report
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European Investment Bank (EIB)
Article 266-267

set up by the Treaty of Rome in 1958


has a legal personality, members / shareholders are
the MS’s
MS’s subscribe its capital jointly reflecting their
economic weights
seat: Luxembourg
function – invest in projects that promote the
objectives of the EU (ie.: TEN, SMEs,
competitiveness)
Chairman: Philippe Maystadt
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European Central Bank
Article 105-112
set up in 1998
seat: Frankfurt
role
maintain price stability
controlling the money supply
Monitoring price trends
Institutional framework
Executive Board comprising – the President of ECB (J.C.Trichet),
the Vice-President and 4 other members appointed by the prime
ministers of the eurozone MS’s
Governing Council –governors of the 13 central banks of the
eurozone
General Council – ECB president, vice-president and the
governors of all 27 EU MS’s
ESCB European system of Central Banks: 27 MSs + ECB

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European Ombudsman
Article 195
Created by the Maastricht Treaty
Elected by the EP (Nikiforos Diamandouros) for
5 years
Duties
Investigate maladminsitration by the European Institutions
(except the European Courts)
following by a complaint or on own initiative
Powers of the Ombudsman
Information (the Institiution concerned has 3 months to give a
detailed opinion on the matter)
conciliation
recommendation
report to the EP

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European Data Protection Supervisor
based on Article 286 - Regulation EC 45/2001

Independent authority
Duties: ensuring that a person’s right to privacy is
respected while processing personal data on an
identifiable individual, ensure that the EU institutions
and bodies process personal data of EU staff and
others lawfully
advising on policies and legislation that affect privacy
created in 2001 - operational as from 2004
Term of office: five years
Mr Peter Hustinx
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European Community Agencies

a body set up by the EU to carry out a very specific technical,


scientific or management task within first pillar
set up by a secondary legislation specifiying its task
currently 23 bodies that match the definition of a Community Agency
under the name
centre
institute
foundation
office
authority etc. 
seats can always be a question
briefly know what each institution deals with

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European Community agencies –
1/2
European Centre for the Development of Vocational Training (Cedefop) -
Thessaloniki
European Foundation for the Improvement of Living and Working Conditions
(EUROFOUND) - Dublin
European Environment Agency (EEA) - Copenhagen
European Training Foundation (ETF) - Turin
European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) - Lisbon
European Medicines Agency (EMEA) - London
Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM) -
Alicante
European Agency for Safety and Health at Work (EU-OSHA) - Bilbao
Community Plant Variety Office (CPVO) - Angers
Translation Centre for the Bodies of the European Union (CdT) - Luxembourg
European Fundamental Rights Agency - Vienna
[previously: European Monitoring Centre on Racism and Xenophobia (EUMC)]
European Agency for Reconstruction (EAR) - Thessaloniki
European Food Safety Authority (EFSA) - Parma
European Maritime Safety Agency (EMSA) - Lisbon
European Aviation Safety Agency (EASA) - Cologne
European Network and Information Security Agency (ENISA) - Heraklion
European Centre for Disease Prevention and Control (ECDC) - Stockholm
European Global Navigation Satellite System Supervisory Authority
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European Community agencies –
2/2
European Railway Agency (ERA) - Valenciennes/Lille
European Agency for the Management of Operational Cooperation at the External
Borders of the Member States of the European Union (FRONTEX, also AMOCEB) -
Warsaw
European Defence Agency (EDA) - Brussels
European Institute for Security Studies (ISS) - Paris
European Union Satellite Centre (EUSC) - Torrejón de Ardoz in Spain
Intelligent Energy Executive Agency (IEEA) – Brussels

[These agencies are not always considered among the above grouping:
European Police College (CEPOL) - Bramshill, United Kingdom
Europol (European Police Office) - The Hague
Eurojust (European body for the enhancement of judicial co-operation) - The Hague]

Community Fisheries Control Agency - Vigo, Spain, currently in Brussels


European Chemicals Agency: Helsinki, Finland , under preparation
Education, Audiovisual and Culture Executive Agency - Brussels
Executive Agency for the Public Health Programme – Luxembourg

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One example
Which of the following is not an institution
under the EC Treaty?

a) European Parliament
b) Court of Auditors
c) Committee of Regions
d) Court of Justice

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