內(nèi)容講義講稿lecture the decision-making institutions of eu

1、Business and Society in Contemporary EuropeLecture 3The Decision-Making Institutions of the European UnionRajan Gaikwad1OverviewIntroduction EU InstitutionsThe European CommissionThe European CouncilThe European ParliamentThe European Court of JusticeThe European Court of AuditorsRajan Gaikwad2I. In

2、troductionNeed for European businesses to know how the European Union operatesEU rules, regulations and directives affect businessesEU institutions and other institutional bodiesThe European CommissionThe European Council (Council of the European Union) The European ParliamentOther institutions:The

3、Court of Justice of the EUThe European Court of Auditors (Guardian of EUs finances)Rajan Gaikwad3Other bodiesOther institutional and inter-institutional bodies:the European Central Bank (ECB)the European External Action Service (EEAS)the European Economic and Social Committeethe Committee of the Reg

4、ionsthe European Investment Bankthe European Ombudsmanthe European Data Protection Supervisorthe European Personnel Selection Officethe European School of AdministrationRajan Gaikwad4Why study the EUs institutions?EUs institutions are subject to endless bouts (Peterson and Bomberg 1999:31-59)EUs ins

5、titutions posses rational legal authority (Barnett and Finnemore 1999) EUs institutions are the vehicles (see Moravcsik 1998a) EUs institutions are powerful EUs institutions link Europe to international politics Rajan Gaikwad5Rajan Gaikwad6HERMAN VAN ROMPUYThe President of the European CouncilMARTIN

6、 SCHULZThe President of the European Parliament JOS MANUEL BARROSO President of the European Commission OverviewIntroduction EU InstitutionsThe European CommissionThe European CouncilThe European ParliamentThe European Court of JusticeThe European Court of AuditorsRajan Gaikwad7II. The European Comm

7、issionMain institution of the EUCentre of the EUs policy making process Located in Brussels and LuxembourgHeaded by 28 civil servants - CommissionersEach member state of the EU has one CommissionerEach responsible for different area of EU policySupported by cabinet and permanent staffRajan Gaikwad8T

8、he Commissions Role Proposing new lawsright to initiate and propose a law, produces a draft, mends the draft to the Council of Ministers and the European ParliamentManaging the EUs budget and allocating fundingset long-term spending priorities for the EU, annual budget and supervise EUs spending, ma

9、nages funding for EU policies Enforcing European lawas a guardian of EU treaties, ensures member country is applying EU law Represent the EU internationallyspeaks on behalf of all EU countries, negotiates international agreementsOften criticised due to its undemocratic nature, with its members elect

10、ed by member state governmentsRajan Gaikwad9OverviewIntroduction EU InstitutionsThe European CommissionThe European CouncilThe European ParliamentThe European Court of JusticeThe European Court of AuditorsRajan Gaikwad10III. The European CouncilWidely known as the Council of MinistersDefines politic

11、al direction and priorities of the EUThe Heads of the State or Government of the Member States are the European Council membersCouncil meets every six monthsEuropean Council makes decision by consensusThe President is elected by qualified majorityTwo and half years renewable onesRajan Gaikwad11Funct

12、ion and OrganizationEnacts all major new laws under the Community Pillar of the EUResponsible for organizing inter-governmental co-operation under the second and third pillars Initiator of policyMember states take it in turns to hold six-month presidencies of the EURajan Gaikwad12(contd.)Heads of st

13、ate meet in summits held under each presidency- European CouncilBelow the European Council ministers meet in several councils to deal with different areas of policyMost of day-to-day work done by Committee of Permanent Representatives and number of working groups Rajan Gaikwad13Decision-Making in th

14、e CouncilCouncil receives legislative proposals from the Commission Decides whether to turn these proposals into legislationDecisions made unanimously or by majority voting (depending on policy area)Simple and qualified majority votingEach member state has a different number of votes in the councilR

15、ajan Gaikwad14Qualified Majority Voting:Total of 352 votesTo have QMV should be: At least 260 of the possible 352 votes, A majority of members states must vote in favour The votes in favour must represent states with a combined population that is at least 62% of the EU total Rajan Gaikwad15OverviewI

16、ntroduction EU InstitutionsThe European CommissionThe European CouncilThe European ParliamentThe European Court of JusticeThe European Court of AuditorsRajan Gaikwad16IV. The European ParliamentMonthly sessions in Strasbourg (France) & BrusselsMost of the preparatory legislative work and committee m

17、eetings take place in Brussels Administration is done in LuxembourgEP is the only directly elected EU institution The Council of Ministers- forms the legislative branch of the institutions of the union December 1, 2009, The Lisbon Treaty - New EP: more power, more responsibilityPowers to amend and r

18、eject Commissions proposals Rajan Gaikwad17CompositionMEPs are elected ones in five years 766 MEPs represents over 500 million EU citizens Allocation of seats based indirectly on population of member stateMember states with lower populations get more seats than populations would justifyNo uniform vo

19、ting system Rajan Gaikwad18(contd.)Organised into political groupings - (currently 7 political groups in the European Parliament)EP budget is the part of the general budget of the EURajan Gaikwad19The Powers of the European Parliament (EP)Legislative PowersCannot initiate legislationAmend or reject

20、proposalsThe co-decision procedure Power to examine the programs of the Commission Rajan Gaikwad20(contd.)Supervisory Power:Has the right to approve and dismiss the European CommissionCan ask the Court to take action against the Commission and Councils Has the right to speak at the start of each Eur

21、opean Councilthe EP decides whether or not to approve the way the Commission handled the EU budget can set up a committee of inquiryShould consult before the ECB President, Vice and Executive Board members are appointed Rajan Gaikwad21(contd)Budgetary powers: (given by Lisbon Treaty)Acts with Counci

22、l to on the EU annual budgetBudgetary ControlPropose modifications and amendments to Commissions budgetary proposalsRajan Gaikwad22OverviewIntroduction EU InstitutionsThe European CommissionThe European CouncilThe European ParliamentThe European Court of JusticeThe European Court of AuditorsRajan Ga

23、ikwad23V. The European Court of JusticeEstablished 1952 and based in LuxembourgSupreme court of the EUArbiter of disputes arising from European lawConsist of three Courts28 judges and 8 Advocates-GeneralRajan Gaikwad24Court of JusticeGeneral Court (created in 1988 Civil Service Tribunal Court (creat

24、ed in 2004)Functions and PowersArticle 220 of the EC Treaty Mission - shall ensure that the law is observed in the interpretation and application of the TreatiesTo settle disputes of a legal nature between member states of the EU.To settle disputes of a legal nature between the EU and member states.

25、Rajan Gaikwad25(contd.)To settle disputes of a legal nature between Community institutions. To settle disputes between the EU and individuals and private institutions.To give opinions and mendations on international rulings.To give preliminary rulings on disputes which are referred to the ECJ by nat

26、ional courts.Rajan Gaikwad26Implications on Organisations & CitizensFree movement of goodsFreedom of movement of person(s) or group(s)Freedom to provide service(s)Equal treatment and social rightFundamental rights European citizenshipRajan Gaikwad27OverviewIntroduction EU InstitutionsThe European CommissionThe European CouncilThe European ParliamentThe European Court of JusticeThe European Court of AuditorsRajan Gaikwad28VI. European Court of AuditorsRajan Gaikwad29President of ECA - ECA established to audit EUs financeBudgets and policies primaril