1. Union Institutions

Author(s):  
Robert Schütze

This chapter discusses the four major European Union institutions: the European Parliament, the European Council, the European Commission, and the European Court. The provisions dealing with the EU institutions are split between the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). Directly elected by the European citizens, the Parliament constitutes not only the most democratic institution; it is also the most supranational institution of the EU. Ultimately, each of the EU institutions is characterized by its distinct composition and its decision-making mode. Importantly, the EU is not based on a strict separation of functions between its institutions but follows a ‘checks and balances’ version of the separation-of-powers principle. This means that various EU institutions share in the exercise of various governmental functions.

2016 ◽  
pp. 54-66
Author(s):  
Monika Poboży

The article poses a question about the existence of the rule of separation of powers in the EU institutional system, as it is suggested by the wording of the treaties. The analysis led to the conclusion, that in the EU institutional system there are three separated functions (powers) assigned to different institutions. The Council and the European Parliament are legislative powers, the Commission and the European Council create a “divided executive”. The Court of Justice is a judicial power. The above mentioned institutions gained strong position within their main functions (legislative, executive, judicial), but the proper mechanisms of checks and balances have not been developed, especially in the relations between legislative and executive power. These powers do not limit one another in the EU system. In the EU there are therefore three separated but arbitrary powers – because they do not limit and balance one another, and are not fully controlled by the member states.


Author(s):  
Petr YAKOVLEV

The decision on Britain’s secession from the European Union, taken by the British Parliament and agreed by London and Brussels, divided the Union history into “before” and “after”. Not only will the remaining member states have to “digest” the political, commercial, economic and mental consequences of parting with one of the largest partners. They will also have to create a substantially new algorithm for the functioning of United Europe. On this path, the EU is confronted with many geopolitical and geo-economic challenges, which should be answered by the new leaders of the European Commission, European Council, and European Parliament.


Author(s):  
Neil Parpworth

The aims of this chapter are threefold. It first briefly considers the events that have led to the creation of the European Community (EC) and the European Union (EU). Secondly, it introduces the reader to the principal institutions of the Union: the European Council; the Council of Ministers; the European Commission; the European Parliament; and the Court of Justice of the EU and General Court. The nature and functions of each of these bodies is considered. Thirdly, the chapter indicates, where appropriate, the nature of the institutional reforms which have occurred following the ratification of the Lisbon Treaty by the member states.


Author(s):  
Neil Parpworth

This chapter has three aims. It first briefly considers the origins of the what is now the European Union (EU). Secondly, it discusses the institutions of the Union, the European Council, the Council of Ministers, the European Commission, the European Parliament, and the Court of Justice of the EU and General Court. The nature and functions of these bodies is considered. Thirdly, the chapter indicates the nature of institutional reforms which have occurred following the ratification of the Lisbon Treaty.


IG ◽  
2020 ◽  
Vol 43 (2) ◽  
pp. 85-100
Author(s):  
Nicolai von Ondarza

The Brexit negotiations constituted unchartered political and institutional territory for the European Union (EU). This analysis shows how a new institutional approach enabled the EU-27 to present an unusually united front. The “Barnier method” is characterised by five elements: a strong political mandate from the European Council, a single EU negotiator based in the European Commission in the person of Michel Barnier, very close coordination with the Member States and the European Parliament, and a high degree of transparency. Lessons can also be drawn from this for the next phase of the Brexit negotiations and the EU’s relations with other third countries.


IG ◽  
2021 ◽  
Vol 44 (4) ◽  
pp. 318-327
Author(s):  
Martin Selmayr

The executive of the European Union (EU) is currently led by two Presidents: the President of the European Commission and the President of the European Council. This double Presidency is the result of a compromise between the supranational and the intergovernmental schools of thoughts at the European Convention 2002/2003. However, in practice, the interplay of the two Presidents and their competencies, which are not always clearly separated by the provisions of the Treaty of Lisbon, occasionally leads to inefficiencies or even conflict in the external representation of the EU. This is why former Commission President Jean-Claude Juncker proposed, on 13 September 2017, to merge the functions of the two Presidents by always electing the President of the Commission as President of the European Council. The article explains the rationale of the Juncker proposal, which has the potential to make the EU easier to understand for its citizens and more efficient geopolitically, while overcoming the artificial distinction between national and European interests in the leadership of the Union. The current debate about the future of the EU and its more effective positioning in global affairs appears to be a good moment to look again at the Juncker proposal, which could be implemented without the need to change the Treaties.


2020 ◽  
Vol 99 (6) ◽  
pp. 64-75
Author(s):  
Natalia Anikeeva ◽  
◽  
Natalia Kapitonova ◽  

The article deals with the problem of Gibraltar in British-Spanish relations in light of Brexit. The provisions of the Treaty of Utrecht in 1713 do not allow the UK and Spain to reach a compromise and move forward in resolving the dispute over Gibraltar. From Britain’s perspective, the Gibraltar issue appears to be a permanent and irritating element in relations with Spain. Gibraltar does not seek to return to the jurisdiction of Spain, as indicated by the results of referendums held in Gibraltar in 1967 and 2002. During the negotiations on regional cooperation in 2004, the parties announced the creation of the Forum "Dialogue on Gibraltar". In 2006, within the framework of the first ministerial meeting of the Forum, the Cordoba agreement was signed, which does not mention the problem of sovereignty, as well as other controversial issues of the Gibraltar problem, but specifically settles inter alia the problem of freedom of movement according to one of the fundamental principles of the EU. Spain considered Brexit as an opportunity to resolve a long-running historic dispute with London. According to Madrid, all parties lose from Brexit. At the same time, Spain managed to strengthen its position on the Gibraltar issue, having enlisted the support of the European Commission and the European Council. The UK as a whole voted to leave the European Union. This puts the Gibraltar in a difficult position: they do not want to leave the EU, but at the same time intend to keep belonging to the British crown.


Author(s):  
Monika Mayrhofer

The EU is neither a state nor a ‘normal’ international organisation, but has a unique institutional structure that is sometimes also referred to as a ‘sui generis’ institutional framework. The institutions of the EU have a pivotal role concerning EU human rights policies. This chapter will provide an analysis of how human rights competences are distributed among EU institutions. It will discuss the institutional architecture of human rights in the EU by analysing the European Council, the Council of the European Union and its human rights-related Working Parties, the European Parliament, the European Commission, the Court of Justice of the European Union, the European External Action Service and the Special Representative on Human Rights, the Fundamental Rights Agency, and the European Ombudsman. The analysis will be followed by a summary of opportunities and challenges, a presentation of areas for improvements and recommendations, and a brief conclusion.


Author(s):  
Ian Bache ◽  
Simon Bulmer ◽  
Stephen George ◽  
Owen Parker

This chapter focuses on the European Parliament (EP), the one directly elected institution of the European Union. It first provides an overview of the EP’s composition and functions before discussing the struggle for increased powers within the EP. It then considers debates and research on the EP. The focus of contemporary research on the EP include political behaviour and EP elections, the internal politics and organization of the EP, and inter-institutional bargaining between the EP, the European Council, and the European Commission. One theme of the academic debate is the extent to which the EP has become an effective independent actor in the affairs of the EU, and how far it will continue to move in that direction in the future.


Author(s):  
Simon Bulmer ◽  
Owen Parker ◽  
Ian Bache ◽  
Stephen George ◽  
Charlotte Burns

This chapter focuses on the European Parliament (EP), the one directly elected institution of the European Union. It first provides an overview of the EP’s composition and functions, before discussing the struggle for increased powers within the EP. It then considers debates and research on the EP. The focus of contemporary research on the EP includes political behaviour and EP elections, the internal politics and organization of the EP, and inter-institutional bargaining between the EP, the European Council, and the European Commission. One theme of the academic debate is the extent to which the EP has become an effective independent actor in the affairs of the EU.


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