LESSON 3 – KNOWING THE EUROPEAN UNION

1. Introduction

The European Union is an International organization of great importance that

needs a powerful administration and management in order to face the great
amount of competences that it holds.

Who directs the EU? Who legislates in the EU? How the activity of the EU is
monitored?

Hereafter, we offer you information about the Institutional and Consultative

System of the EU, which will answer who and how manages such a large
organization, following this scheme:
1. Introduction
2. Institutions of the European Union
2.1. European Parliament
2.2. European Council
2.3. Council of the EU
2.4. European Commission
2.5. Court of Justice of the European Union
2.6. European Court of Auditors
2.7. European Central Bank
3. Advisory Bodies of the EU.
3.1. European Committee of the Regions.
3.2. European Economic and Social Committee.

2. Institutions of the European Union

2.1. European Parliament1

The European Parliament is the Legislative organ of the EU; it is elected by the
voters of the Union every five years, the last elections were held in the year
2014 and the next ones will be hold in 2019.

The headquarters are located in Strasbourg, though it has an auxiliary one in

Brussels and its Main Secretary in Luxembourg.

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Here you can find further basic information about the European Parliament.

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 The Parliament is formed by the Members of the European Parliament [MEPs],
(with a proportional representation according to the population of each Member
State with a maximum of 96 upwards and a minimum of 6 downwards), not
exceeding the total amount of 750, plus the President.

Who are the MEPs of my country in the European Parliament?

Nowadays, with the imminent exit of the United Kingdom from the EU after the
negotiations that the Brexit will conclude, some voices raise asking about how
the vacant seats of this State are going to be make up even thought the solution
will be to eliminate or adjudicate them equally to the rest of the Member States.

Regarding the President, he represents the Parliament before the rest of the
Institutions and abroad; been in charge of approving the EU budgets; the
position is currently hold by Antonio Tajani.

Has a range of tripartite roles:

- Legislative Competences: normative approving (with the Council, following

the proposal of the Commission); International agreements, extensions,
programme supervision, work of the Commission and/or requests of the
legislation proposals.

- Budgeting Competences: to establish the budget of the EU in a partnership

with the Council; approve the long-term EU budget (multi-annual).

- Management Competences: democratic control of the Institutions; election

of the President of the Commission; approving the management of the
budget; examine citizen requests and investigations; debating the monetary
policy of the ECB; asking questions to the Commission and the Council;
electoral observation.

2.2. European Council2

The European Council represents the highest level of the political

cooperation among the countries within the EU.

This institution is a meeting of the EU leaders in order to establish their

political agenda, formed by the Chiefs of State of all the Member States,
with the President of the European Commission (Jean-Claude Juncker)

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Here you can find basic information about the European Council.

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 and the High Representative of the Union for Foreign Affairs and Security
Policy (currently hold by the Italian Federica Mogherini).

The European Council it is managed by its President, who represents the

EU to the entire world. He is elected by the European Council itself for
periods of two and a half years that can be renewed for a second period;
currently Donald Tusk is the President.

It has its headquarters in Brussels and its functions are the following ones:

- Decides about the orientation and the general political priorities of

the EU, but has not legislative power.

- It is in charge of the complex or sensible issues about

intergovernmental cooperation.

- Establish the Foreign and Common security Policies.

- Designates and names the candidates elected for specific important

positions in the EU.

- Regarding to each of the issues, the European Council can:

- Ask the European Commission to draft a proposal.

- Submit it to the Council of the EU for deal with it.

2.3. Council of the EU3

The Council of the EU, or just Council4, is the main decision-making organ
of the EU along with the European Parliament and its headquarters are
based in Brussels.

Within it, the different Ministers of each country of the EU meet for
debating, modify and passing laws; as well as coordinate National
Policies. The Council it is not formed by permanent members, that is, it
counts with ten different formations, depending on the topic. Depending
on the formation, each State sends a different Minister.

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By clicking here you can find further basic information about the Council of the EU.
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There are three entities with a similar name but with very different nature and functions: The Council of
Europe –which is not an Institution of the EU- and the European Council and the Council of the European
Union, which are formed, respectively, by the Chiefs of State and Ministers of the Member States.

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 The permanent President of the Foreign Affairs Council is the High
Representative of the Common Foreign and Security Policy or CFSP
(currently Federica Mogherini). The minister of the State that holds the
rotating presidency of the EU heads the other nine formations.5

Holds the following functions:

- Negotiates and adopts the Legislation of the EU: in collaboration with

the Parliament, on the basis of the proposals of the European
Commission.

- Coordinates the Foreign Policies.

- Develops the Foreign and Security Policies: with the guidelines given
by the European Council.

- Establish agreements: between the EU and other countries or

International Organizations.

- Along with the Parliament, approves the Budget of the EU.

2.4. European Commission 6

The European Commission is the Executive body of the Union and it is

politically independent.

Its headquarters are based in Brussels and it is the only authority with the
responsibility of developing proposals for the creation of new European
legislation and of applying the decisions taken by the Parliament and the
Council of the EU.

The European Commission is formed by 28 commissioners who are

named by a Member State and have responsibility among different topics.
Their President, currently Jean-Claude Juncker, is elected by the leaders
of each State gathered in the European Council, regarding to the results
of the elections to the Parliament, with the subsequent approval of this
latter with the support of the majority.

It has the following functions:

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The presidency change every 6 months and the order until 2030 is currently established. It corresponds
to a Member State, which acts with the support of another two States, forming a trio. The first half of 2018
is headed by Bulgaria, along with Austria and Estonia.
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Here you can find further basic information about the European Commission.

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 - Proposes new laws. It is the only institution with the power to
propose new laws to the Parliament and the Council.

- Manages the European Policies and allocates the funds of the EU. It
sets the spending priorities of the EU along with the Council and the
Parliament; elaborates the annual budget with the purpose of making
the Parliament and Council to approve it, and monitors how the
money is spent in collaboration with the European Court of Auditors.

- Ensures the compliance with the legislation of the EU. In

collaboration with the Court of Justice, guarantees that the legislation
of the EU it is correctly applied in all of the Member States.

- Represents the EU in the International Scene. Speaks on behalf of

all the countries of the EU before the International organisms and
negotiates International agreements in the name of the EU.

2.5. Court of Justice of the European Union 7

The Court of Justice of the European Union (hereafter CJEU), is the body
in charge of interpreting the legislation of the European Union and of
guaranteeing, not only this to be applied, but also to be applied equally
among all the Member States.

It also has the duty of resolving all the disputes between National
Governments and Institutions of the EU and may interfere in some
disputes of individuals, companies or organizations, if they understand
that the rights that this regulations grants, has been infringed by
Institutions of the EU or even by the Member States themselves.

Its headquarters are based in Luxembourg and it’s formed by three

bodies:

- The Court of Justice. Composed by a Judge for each Member State

and 11 advocates-general, resolves cassation appeals, some actions
of annulment and prejudicial issues.

- The General Court. Composed by 47 judges- that in 2019 will turn

into 2 for each country- and resolves actions of annulment of

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Here you can find further about the Court of Justice of the European Union.

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 individuals, companies and, in some cases, of National
Governments.

- The Civil Serve Tribunal. Is a specialized tribunal of just 7 judges,

that judge about contentious issues linked to the employee of the
EU.

The CJEU has a wide range of possibilities of judicial functions:

- Interprets the legislation (prejudicial issues). Interferes at a request

of a National court when this one has doubts about the interpretation
or legitimacy of a European Normative, or about the compatibility
between a national normative or practice and the European
Legislation.

- Apply the legislation (infringement proceeding). Addresses

processes interposed by the European Commission or by a Member
State against a National Administration, for violating the European
Legislation.

- Overturns European Regulations (annulment issues). The Governs

of the Country Members, the European Council or (in some cases)
the European Parliament and even the individuals who are directly
affected, may request the Court to overturn an European Normative
that violates the treaties of the EU or the fundamental rights.

- Guarantees the actuation of the EU (actions for failure). The National

Governments, other Institutions or the individuals or the companies
may appeal to the Court about the inactivity of the Institutions, it
these do not perform their function after been asked.

- Punish the European Institutions (damage actions). Any person or

company that considers its interests harmed by the action or
omission of the EU or its staff, may request to the Court.

2.6. European Court of Auditors8

It is the external independent auditor of the EU, in charge of looking after

the interests of the European contributors. Despite its lack of legal
capacity, informs about the finances of the Union and contributes to the
improvement of the management of the budget of the EU on the part of
the European Commission.

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Here you can find further basic information about the European Court of Auditors.

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 Its headquarters are located in Luxembourg.

It is formed by a member for each Member State, named by the Council

after consulting the European Parliament, for a period of 6 renewable
years. From amongst them it is elected a President for a 3-year period,
that can also been renewed.

The functions of this body are the following ones:

- Audits the incomes and expenses of the EU.

- Monitors any person or organization that manages funds of the EU.

- Draws elaborations and recommendations targeted to the European

Commission and the National Governments on its auditory informs.

- Informs the European Anti-Fraud Office about frauds, corruption or

other illegalities.

- Elaborates an annual report for the Parliament and the Council about
the Budget of the EU.

- Provides expert opinions to the Politics of the EU about how to

improve the Financial Management of the EU and the accountably to
the citizens.

2.7. European Central Bank9.

Is the institution in charge of management the Euro and of formulate and

apply the Economic and Monetary Policy of the EU. Looks after the
stability of pricing, supports the economic growth and the creation of jobs.

It is based in Frankfurt.

The ECB is formed by a President (currently Mario Draghi), a Vice-

president and the Governors of the National Central Banks of all the
countries of the EU.

Its main functions are the following ones:

- Define interest rates to which lend Money to the commercial banks of

the Euro Zone.

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Here you can find further basic information about the European Central Bank.

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 - Manages the currency reserves of the Euro Zone and purchases and
sells the currency in order to hold the balance of the exchange rates.

- Guarantees that the National Authorities properly supervise the

financial markets and institutions and that the payment schemes
work properly.

- Guarantees the security and strength of the European banking

system.

- Authorises the fabrication of Euro banknotes.

- Monitors the evolution of prices and evaluates their stability.

3. Advisory Bodies of the EU

3.1. European Committee of the Regions 10

Is an Advisory Body of the Union that represents the regional and local
entities of Europe. Allows the regions and cities to formally participate in
the elaboration of the legislation of the EU, guaranteeing the respect of
the position and the necessities of the regional and local entities.

Is based in Brussels and it is formed by 350 representatives of the

different Member States (depending on their population), that in the
serving of local and regional entities and are grouped in 5 Political Groups
and 6 Commissions.

As functions of the Committee, the following ones can be mentioned:

- It is consulted by the Parliament, Commission and Council during the

elaboration of legislation about issues related to the Local
Administrations (Healthcare, Labour, Education, Climate Change,
etc.)

- Has legitimisation for addressing the Court of Justice when

defending its prerogatives.

- Draws judgements for the Institutions of the EU that mandatory

consult it (about legislative proposals) or facultative.
- Draws judgements on its own initiative.

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Here you can find further basic information about the Committee of Regions.

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 Here you can check which member of your region forms part of the
European Committee of the Regions

3.2. European Economic and Social Committee 11

Is an Advisory Body of the Union that represents the organizations of

workers, entrepreneurs and other groups of interest (like carriers,
ecologists, teachers, consumers, etc.), allowing the emission of a formal
opinion about specific legislative proposals of the EU.

It is based in Brussels and is formed by 350 members from the different

Member States, depending on their population, and that are willingly
group in order to represent the different economic and social interests of
the organized civil society of the EU.

Here you can check which members and groups form the Economic and
Social Committee.

As functions of the Committee, the following ones can be mentioned:

- Ensures that the policy and legislation of the EU will adapt to the
economic and social conditions, searching a consensus that may
serve the common good.

- Promotes a participative EU, giving voice to the workers and

entrepreneurs organizations and other groups of interest, and
guaranteeing the dialogue among them.

- Promotes the values of the European integration and boost the origin
of the participative democracy and the Civil Society Organizations.

- Draws judgements for the Institutions of the EU that mandatory or

facultative consult the Committee.

- Draws judgements on its own initiative.

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Here you can find furhter about the European Economic and Social Commitee.

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ADDITIONAL DOCUMENTS

Websites:

- Website European Parliament.

- Website European Council.

- Website Council of the EU.

- Website European Commission.

- Website CJEU.

- Website Court of Auditors.

- Website ECB.

- Website European Committee of the Regions.

- Website European Economic and Social Committee.

Videos:

- The European Commission explained (Functioning and Tasks).

- The European Parliament in a nutshell.

- European Committee of the Regions.

- The European Central Bank.

- Court of Justice: cutting through legal fog.

- At home with the European institutions.

- European Council, Council of Europe: same thing?

- Masters of compromise: The European Council.

- The voice of European Civil Society: The EESC working for you.

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