4. Governmental Structure

2021 ◽  
pp. 113-150
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Central Bank ◽  
European Central Bank ◽  
Primary Objective ◽  
Legal Order ◽  
European Law ◽  
The European Union ◽  
European Central ◽  
National Courts ◽  
Internal Procedures

This chapter focuses on the internal composition, internal powers, and internal procedures of the European Commission, the Court of Justice of the European Union (CJEU), the European Central Bank (ECB), and the Court of Auditors. The Commission constituted the centre of the European Coal and Steel Community (ECSC), where it was ‘to ensure that the objectives set out in [that] Treaty [were] attained’. In guiding the European Union, it acts (together with the European Council) like the Union’s ‘government’. The CJEU constitutes the judicial branch of the European Union. However, it is not the only one to interpret and apply European law. From the very beginning, the European legal order intended to recruit national courts in the interpretation and application of European law. Meanwhile, the Treaty on the Functioning of the European Union (TFEU) defines the ‘primary objective’ of the European Central Bank as the maintenance of price stability. Finally, the Court of Auditors is staffed by accountants, whose primary task is to ‘carry out the Union’s audit’.

4. Governmental Structure

2021 ◽  
pp. 113-150
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Central Bank ◽  
European Central Bank ◽  
Primary Objective ◽  
Legal Order ◽  
European Law ◽  
The European Union ◽  
European Central ◽  
National Courts ◽  
Internal Procedures

This chapter focuses on the internal composition, internal powers, and internal procedures of the European Commission, the Court of Justice of the European Union (CJEU), the European Central Bank (ECB), and the Court of Auditors. The Commission constituted the centre of the European Coal and Steel Community (ECSC), where it was ‘to ensure that the objectives set out in [that] Treaty [were] attained’. In guiding the European Union, it acts (together with the European Council) like the Union's ‘government’. The CJEU constitutes the judicial branch of the European Union. However, it is not the only one to interpret and apply European law. From the very beginning, the European legal order intended to recruit national courts in the interpretation and application of European law. Meanwhile, the Treaty on the Functioning of the European Union (TFEU) defines the ‘primary objective’ of the European Central Bank as the maintenance of price stability. Finally, the Court of Auditors is staffed by accountants, whose primary task is to ‘carry out the Union's audit’.

2. Institutions of the Union: composition and powers

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Central Bank ◽  
European Central Bank ◽  
Legal Order ◽  
European Council ◽  
The European Union ◽  
Checks And Balances ◽  
European Central ◽  
Court Of Justice ◽  
The Relationship

This chapter examines the institutions within the European Union (EU), their powers and the relationship between the institutions. The main EU institutions are the European Parliament, the Council, the European Council, the Commission, the Court of Justice of the European Union, the European Central Bank and the Court of Auditors. The chapter explains that these institutions are given different powers, and that they are required to work together in order to provide the checks and balances within the Union legal order, or the so-called institutional balance.

Dramatis Institutiones

2017 ◽  
Author(s):  
C. Randall Henning
Keyword(s):  
European Union ◽  
Central Bank ◽  
International Monetary Fund ◽  
Euro Area ◽  
European Central Bank ◽  
The European Union ◽  
European Central ◽  
Regime Complex ◽  
Basic Facts ◽  
Institutional Conflict

The regime complex for crisis finance in the euro area included the European Council, Council of the European Union, and Eurogroup in addition to the three institutions of the troika. As the member states acted largely, though not exclusively, through the council system, these bodies stood at the center of the institutional mix. This chapter reviews the institutions as a prelude to examining the dilemmas that confronted them over the course of the crises. It presents a brief review of some of the basic facts about their origins, membership, and organization. Each section then delves more deeply into these institutions’ governance and principles to understand their capabilities and strategic challenges. As a consequence of different mandates and design, the European Commission, European Central Bank, and International Monetary Fund diverged with respect to their approach to financing, adjustment, conditionality, and debt sustainability. This divergence set the stage for institutional conflict in the country programs.

scholarly journals The Binding Force of Babel: The Enforcement of EC Law Unpublished in the Languages of the New Member States

2007 ◽  
Vol 9 ◽  
pp. 43-80 ◽  
Author(s):  
Michal Bobek
Keyword(s):  
European Union ◽  
Central Bank ◽  
European Central Bank ◽  
The European Union ◽  
Member States ◽  
Community Law ◽  
New Member States ◽  
European Central ◽  
Binding Force ◽  
Ec Law

On 1 may 2004, 10 new Member States joined the European Union. This meant inter alia that, save for the express derogations provided for in the Act of Accession, the entire mass of Community secondary legislation became binding in the new Member States. This principle of the immediate effects of Community law in the new Member States was provided for in Article 2 AA: From the date of Accession, the provisions of the original Treaties and the acts adopted by the institutions and the European Central Bank before Accession shall be binding on the new Member States and shall apply in those States under the conditions laid down in those Treaties and in this Act.

The European Central Bank

2018 ◽  
Author(s):  
Chiara Zilioli ◽  
Phoebus Athanassiou
Keyword(s):  
European Union ◽  
Central Bank ◽  
Monetary Union ◽  
European Central Bank ◽  
Central Banks ◽  
The European Union ◽  
European Central ◽  
European System ◽  
The Eu

The provisions on Monetary Union (MU), of the Treaty on the functioning of the European Union (TFEU or the Treaty), as well as the Statute of the European System of Central Banks and of the European Central Bank (the Statute), are important in their own right, and are amongst those from which any student of the European Union (EU) can learn a great deal with regard to the EU.

scholarly journals Guaranteeing the ECB’s democratic accountability in the post-Banking Union era: An ever more difficult task?

2019 ◽  
Vol 26 (1) ◽  
pp. 48-62
Author(s):  
Diane Fromage
Keyword(s):  
European Union ◽  
Central Bank ◽  
European Central Bank ◽  
Banking Union ◽  
Democratic Accountability ◽  
Unconventional Monetary Policy ◽  
The European Union ◽  
Banking Supervision ◽  
National Parliaments ◽  
European Central

Following the Great Financial Crisis, the European Central Bank’s functions have been significantly altered. It is now involved in the functioning of a variety of European Union bodies and agencies, new powers in the field of banking supervision have been attributed to it and it has resorted to unconventional monetary policy. Such a concentration of powers arguably gives rise to issues of accountability and institutional balance within the European Union: (i) the resulting institutional framework is particularly complex and difficult to understand; (ii) the numerous functions the European Central Bank assumes makes it increasingly difficult to identify in which arena(s) it should be held to account for which action; and (iii) its role in the different bodies or agencies may vary in theory and in practice, which, in turn, influences the degree to which the European Central Bank should be held to account. This article aims at showing to what extent the European Central Bank’s role has multiplied and diversified with a view to assess how it is held to account in those different instances, and what the consequences are for the European Central Bank’s democratic accountability, primarily towards the European Parliament, as well as towards the Council of the European Union and national parliaments where applicable.

Article 263 TFEU

2019 ◽  
Author(s):  
Bernhard Schima
Keyword(s):  
European Union ◽  
Central Bank ◽  
European Central Bank ◽  
European Parliament ◽  
Third Parties ◽  
European Council ◽  
The European Union ◽  
European Central ◽  
Court Of Justice

Article 230 EC The Court of Justice of the European Union shall review the legality of legislative acts, of acts of the Council, of the Commission and of the European Central Bank, other than recommendations and opinions, and of acts of the European Parliament and of the European Council intended to produce legal effects vis-à-vis third parties. It shall also review the legality of acts of bodies, offices or agencies of the Union intended to produce legal effects vis-à-vis third parties.

2. The Foundations of European Union Intellectual Property Law

2019 ◽  
pp. 36-66
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
European Union ◽  
European Central Bank ◽  
Legal Order ◽  
Property Law ◽  
The European Union ◽  
European Central ◽  
Court Of Justice ◽  
Union Section ◽  
The Eu

This chapter discusses the role of the EU in the IP field before and since the introduction of the Lisbon Treaty. To that end it introduces the EU legal order itself, including its founding Treaties, institutions, and authority to act (competence), with a focus on IP. The chapter is organized as follows. Section 2.2 traces the establishment of the European Economic Community and its development to the European Union. Section 2.3 describes the seven EU institutions: the European Council, European Commission, European Parliament, Council, Court of Justice of the EU, European Central Bank, and Court of Auditors. Section 2.4 explains the legal authority of the EU, in relation particularly to IP. Section 2.5 covers EU measures and their legal effects. And Section 2.6 discusses the actions of the Court of Justice.

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