Institutions of the European Union

History of the EU

• Started as the European Coal and Steel community in 1951 with 6 members: Belgium, the Netherlands, Luxembourg, West Germany, France and Italy.
• It was later joined by the European Economic Community and the European Atomic Energy Community
• The European Union was formed in 1993. The UK joined in 1973

What is it made of?

The Commission:

• Main executive body
• Headed by Commissioners (28 of them) who are appointed by member states (subject to the approval of Parliament) for 5 years
• Commissioners are independent. Their role is to represent the interests of the EU (although in reality they represent their own governments)
• Proposes and drafts EU legislation. negotiates trade agreements and draws up annual budget
• Ensures that member states uphold EU law

The Council:

• Main decision making and legislative body
• Represents the interests of individual member states
• Most powerful of the institutions
• No permanent membership
• Adopts union legislation based on proposals from the Commission and after consulting the Parliament - puts forward finished ideas for laws

European Parliament:

• Has mainly consultative and advisory role
• Members elected in their own countries (MEPS) every five years
• Exercises a supervisory role over the Commission
• Can veto the appointment of the Commission and dismiss the whole Commission
• Reports on the Council three times a year

The Court of Justice of the European Union:

• Supervises the application of EU law
• Sits in Luxembourg - 28 judges appointed for six years
• Constitutional court, provides definitive interpretations of EU law
• Judicial and supervisory:

Judicial Role:

• Hears disputes against member states and cases against European institutions e.g: Re Tachographs: EC Commission v UK (1979)

Supervisory Role:

• Article 267 Treaty on the Functioning of the European Union - any court can refer a question on EU law to the ECJ
• Mandatory references - compulsory
• Discretionary references - optional
• The referral system ensures that the law is interpreted the same throughout the EU
• Reference MUST be made if the national court is the final appeal court

Bulmer v Bollinger guidelines:

• In deciding whether a referral is necessary, English courts use these guidelines. A referral is not necessary where:
• ECJ has previously ruled on the same point
• The point is reasonably clear and free from doubt (acte clair)
• The facts of the case had not yet been decided
• It would not be conclusive of the case

The European Court of First Instance:

• Established in 1988
• Its aim is to reduce the workload of the ECJ
• Limited jurisdiction
• Deals with mainly internal litigation