The EU institutions and the decision-making process

1. The EU institutions and the decision-making process Dr Stathis Klonaris

2. The European Union is • Less than a federation (unlike the United States) • But more than an intergovernmental organisation (unlike the United Nations) Rather unique structure: • Member States remain independent sovereign nations • Delegate some of their decision-making powers to shared institutions • Specific matters of joint interest

3. The treaties – basis for democratic cooperation built on law 1958The treaties of Rome: The European Economic Community The European Atomic Energy Community (EURATOM) 1952The European Steel and Coal Community 2009Treaty of Lisbon 1987The European Single Act: the Single Market 1993Treaty of European Union – Maastricht 2003Treaty of Nice 1999Treaty of Amsterdam

4. Institutions/bodies in the European Union European Council incl. thePresidentofthe EU Commission and the High Representative Europ. Investment Bank(EIB) Europ. Investment Fund (EIF) Council ofthe European Union European Economic and Social Committee European Commission (EC) European Central Bank Committee of the Regions(CoR) European Parliament (EP) European External Action Service Institutions Autonomous bodies Court of Justice ofthe EU Court of Auditors ofthe EU Decentralised bodies of the EU (executive and traditional agencies) Advisory bodies

5. EU Institutions

6. EU Institutions: 3. European Council Summit of Heads of State or government of all EU countries • Held at least 4 times a year • Sets the overall guidelines for EU policies • President: Donald Tusk

7. Resident ofthe European Council • New function! Attributed to an individual for 2,5 year • Appointed by QM of the European Council • Herman Van Rompuy-> DonaldTusk(since 1 December 2014)

8. Presidentofthe European Council • Reaction to the weaknesses of the rotating six-months depersonalised Presidency of the Council • The Presidency of the Council/European Council was, at the start, intended mostly for internal purposes, but over the years it acquired a central role externally in CFSP* • Post-Lisbon: Individual Presidency of the European Council remains contrasted to MSs’ Presidency of the Council • Role: chair meetings of the European Council; ensure its functioning; present a report to the EP; ensure external representation of the Union in CFSP at his/her level and in that capacity (Lisbon Treaty 15(6)) • Is his external role competing with that of High Representative? * CFSP: Common Foreign and Security Policy

9. EU Institutions: 2. European Commission • 28 independent members, one from each EU country • Proposes new legislation • Executes budget and manages programs • Ensures application of the treaties • (Currently one Commissioner per Member State with own portfolio)

10. What does the Commission do? • Proposes New laws • The Commission is the sole EU institution tabling laws for adoption by the Parliament and the Council that: • protect the interests of the EU and its citizens on issues that can't be dealt with effectively at national level; • get technical details right by consulting experts and the public. • Manages EU policies & allocates EU funding • Sets EU spending priorities, together with the Council and Parliament. • Draws up annual budgets for approval by the Parliament and Council. • Supervises how the money is spent, under scrutiny by the Court of Auditors. • Enforces EU Law • Together with the Court of Justice, ensures that EU law is properly applied in all the member countries. • Represents the EU internationally • Speaks on behalf of all EU countries in international bodies, in particular in areas of trade policy and humanitarian aid. • Negotiates international agreements for the EU.

11. EU Institutions: 2.European Parliament • Legislative and budgetary functions • Political control • Elects President of the Commission

12. EU Institutions: 2.European Parliament

13. EP: Seat distribution after the elections 96 74 73 73 54 51 32 26 21 21 21 21 21 20 18 17 13 13 13 11 11 11 8 8 6 6 6 6 7 5 1 Germany France United Kingdom Italy Spain Poland Romania The Netherlands Belgium Czech Republic Greece Hungary Portugal Sweden Austria Bulgaria Denmark Finland Slovakia Croatia Ireland Lithuania Latvia Slovenia Estonia Cyprus Luxemburg Malta

14. European President? European Commission President? High Representative for Foreign and Security Policy? President/Prime-minister of a state holding rotating presidency? WHO shouldtramp or Putin CALL?

15. EU Institutions: 4. Council ofthe European Union • Representatives of Member States at ministerial level • Work prepared by Committee of Permanent Representatives of the Governments of Member States • Legislative and budgetary functions

16. Configurations of the Council of Ministers • General Affairs and External Relations • Economic and Financial Affairs • Cooperation in the fields of Justice and Home Affairs • Employment, Social policy, Health and Consumer Affairs • Competitiveness • Transport, Telecommunication und Energy • Agriculture and Fisheries • Environment • Education, Youth and Culture

17. How does the Council Vote? • Simple majority (15 member states vote in favour) • Qualified majority (55% of member states, representing at least 65% of the EU population, vote in favour) • Unanimous vote (all votes are in favour)

19. Qualified Majority 80% of the EU legislation The "double majority" rule has been applied since 1 November 2014 up to 2017. 1. When the Council acted on a proposal by the Commission or the High Representative of the Union for Foreign Affairs and Security Policy a decision is deemed adopted if: •55% of the member states vote in favour and •they represent at least 65% of the total EU population In addition, the blocking minority must include at least 4 Council members representing at least 35% of the EU population. When not all Council members participated in the vote as was foreseen in the treaties, a decision was adopted if 55% of the participating Council members, representing at least 65% of the population of the participating member states, vote in favour. 2. When the Council did not act on a proposal from the Commission or the High Representative a decision is adopted if: •at least 72% of Council members vote in favour •they represent at least 65% of the EU population

20. The decision-making process • EU legal acts • Regulation: – general application, directly applicable in Member States • Directive: – general application, binding framework for implementation in national legislation • Decision: - directly binding upon those addressed • Recommandation: opinion – no binding force

21. How EU laws are made The decision-making process Citizens, interest groups, experts: discuss, consult Commission: makes formal proposal Parliament and Council of Ministers: decide jointly National or local authorities: implement Commission and Court of Justice: monitor implementation

22. Ordinary legislative procedure Summary of the procedure: The European Commission submits a proposal to the Council and the European Parliament The Council and the Parliament adopt a legislative proposal either at the first reading or at the second reading If the two institutions do not reach an agreement after the second reading a conciliation committee is convened If the text agreed by the conciliation committee is acceptable to both institutions at the third reading, the legislative act is adopted The Commission canalwayswithdrawitsproposal

23. Legislative procedure

24. Thank you very much for your attention! I am available for your questions.