Article 243 TFEU

2019 ◽  
Author(s):  
Paul-John Loewenthal
Keyword(s):  
European Union ◽  
Security Policy ◽  
Secretary General ◽  
Foreign Affairs ◽  
European Council ◽  
The European Union ◽  
Court Of Justice

Article 210 EC The Council shall determine the salaries, allowances and pensions of the President of the European Council, the President of the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, the Members of the Commission, the Presidents, Members and Registrars of the Court of Justice of the European Union, and the Secretary-General of the Council. It shall also determine any payment to be made instead of remuneration.

10. The European Council and the Council of the European Union

2016 ◽  
Author(s):  
Jeffrey Lewis
Keyword(s):  
European Union ◽  
Security Policy ◽  
Foreign Affairs ◽  
European Council ◽  
The European Union ◽  
General Secretariat ◽  
The Eu

This chapter provides an overview of the elements that make up the European Council and the Council of the European Union, including the strategic, executive-like authority of the European Council; the formal legislative role of the national ministers who meet in the policy-specific formations of the Council of the EU; and the preparatory and expert working committees involved in day-to-day negotiations. The chapter begins with a discussion of the Council system's evolving hierarchy and enigmatic traits, the layers of the Council system, and how the Council system works. It also looks at the High Representative of the Union for Foreign Affairs and Security Policy and goes on to examine the supporting roles provided by a shared, rotating presidency and the Council system's own bureaucracy, the General Secretariat of the Council.

Institutional organisation of the European Union in the time of crisis – horizontal division of power and functions

2016 ◽  
pp. 54-66
Author(s):  
Monika Poboży
Keyword(s):  
European Union ◽  
Separation Of Powers ◽  
European Council ◽  
Executive Power ◽  
The European Union ◽  
Checks And Balances ◽  
Court Of Justice ◽  
Strong Position ◽  
Institutional System ◽  
The Eu

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.

A Constitutional Court for Europe?

2004 ◽  
Vol 6 ◽  
pp. 1-34
Author(s):  
Anthony Arnull
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
European Council ◽  
Constitutional Court ◽  
The European Union ◽  
Constitutional Order ◽  
Court Of Justice ◽  
European Court ◽  
The Future ◽  
Draft Constitution

The purpose of this article is to consider the effect of the draft Treaty establishing a Constitution for Europe on the European Court of Justice (ECJ). At the time of writing, the future of the draft Constitution is somewhat uncertain. Having been finalised by the Convention on the Future of Europe in the summer of 2003 and submitted to the then President of the European Council, it formed the basis for discussion at an intergovernmental conference (IGC) which opened in October 2003. Hopes that the text might be finalised by the end of the year were dashed when a meeting of the IGC in Brussels in December 2003 ended prematurely amid disagreement over the weighting of votes in the Council. However, it seems likely that a treaty equipping the European Union with a Constitution based on the Convention’s draft will in due course be adopted and that the provisions of the draft dealing with the ECJ will not be changed significantly. Even if either assumption proves misplaced, those provisions will remain of interest as reflecting one view of the position the ECJ might occupy in a constitutional order of the Union.

Article 275 TFEU

2019 ◽  
Author(s):  
Bernhard Schima
Keyword(s):  
European Union ◽  
Security Policy ◽  
The European Union ◽  
Court Of Justice ◽  
Foreign And Security Policy ◽  
The Common

The Court of Justice of the European Union shall not have jurisdiction with respect to the provisions relating to the common foreign and security policy nor with respect to acts adopted on the basis of those provisions.

6. The European Union

2020 ◽  
pp. 126-141
Author(s):  
Neil Parpworth
Keyword(s):  
European Union ◽  
European Commission ◽  
European Community ◽  
European Parliament ◽  
European Council ◽  
The European Union ◽  
Institutional Reforms ◽  
Court Of Justice ◽  
Council Of Ministers ◽  
The Eu

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.

6. The European Union

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
European Union ◽  
European Commission ◽  
European Parliament ◽  
Lisbon Treaty ◽  
European Council ◽  
The European Union ◽  
Institutional Reforms ◽  
Court Of Justice ◽  
Council Of Ministers ◽  
The Eu

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.

scholarly journals Made in Luxembourg: The fabrication of the law on jurisdiction of the court of justice of the European Union in the field of the Common Foreign and Security Policy

2018 ◽  
Author(s):  
Joni Heliskoski
Keyword(s):  
European Union ◽  
Security Policy ◽  
Legal Protection ◽  
Case Law ◽  
The European Union ◽  
Court Of Justice ◽  
Domestic Courts ◽  
Foreign And Security Policy ◽  
History Of ◽  
The Common

The article provides an analysis of the case law of the Court of Justice of the European Union on the interpretation of Articles 24 TEU, first paragraph, second subparagraph, and 275 TFEU governing the question of the Court’s jurisdiction in the field of the Common Foreign and Security Policy (CFSP). The article first describes the background of those provisions as they resulted from the Convention on the Future of Europe and the 2003-4 and 2007 Intergovernmental Conferences and then compares the Court’s understanding of its jurisdiction to the drafting history of the provisions concerned. The main conclusion of the study of the case law suggests that the Court views its jurisdiction over the CFSP more broadly than the jurisdiction envisaged by the drafters of the Treaties. In particular, the Court both interprets the exclusion from its jurisdiction of acts based on the Treaty’s CFSP provisions in a narrow fashion and is prepared to review the legality of CFSP acts not only through direct actions but also through references for a preliminary ruling. However, the article argues that the provision of adequate legal protection in the field of the CFSP necessarily requires both the Court of Justice and domestic courts of the Member States to play their respective roles.

scholarly journals Znaczenie traktatu lizbońskiego dla rozwoju współpracy między Unią Europejską a jej państwami sąsiedzkimi

Politeja ◽  
2019 ◽  
Vol 15 (54) ◽  
pp. 373-383
Author(s):  
Olesia Tkachuk
Keyword(s):  
European Union ◽  
Security Policy ◽  
External Action ◽  
Foreign Affairs ◽  
Institutional Changes ◽  
European Neighbourhood Policy ◽  
The European Union ◽  
International Organisations ◽  
Treaty Of Lisbon

The Importance of the Treaty of Lisbon for the Development of Cooperation Between the European Union and Neighbouring CountriesThis article aims to analyse the importance of the Treaty of Lisbon which was signed as of 13th of December 2007 for the development of cooperation between the European Union and neighbouring countries within the framework of the European Neighbourhood Policy in legal and institutional terms.The first part of the article represents the provisions of analysed the Reform Treaty, which regulates the Union’s cooperation with third countries and international organisations, in particular art. 8 TEU. The following part of the article presents institutional changes insertion by the Treaty of Lisbon, among others, establishing a position of the High Representative of the Union for Foreign Affairs and Security Policy and appointment of European External Action Service. The summary of the above considerations is located at the end of the article.

Title III Provisions on the Institutions

2019 ◽  
Author(s):  
Paul-John Loewenthal
Keyword(s):  
Security Policy ◽  
Foreign Affairs ◽  
European Council ◽  
Institutional Framework ◽  
Not Given ◽  
Court Of Justice ◽  
Title Iii

Title III of the TEU includes Articles 13–19. Those provisions concern the institutions of the Union. Article 13 TEU establishes the institutional framework of the Union and lists its seven institutions. Articles 14, 15, 16, 17, and 19 TEU each deal with five of those institutions separately: the EP, the European Council, the Council, the Commission and the Court of Justice respectively. Article 18 TEU deals with the High Representative of the Union for Foreign Affairs and Security Policy, which is not a separate institution, but rather forms part of both the Council and the Commission and takes part in the work of the European Council. The last two institutions listed in Article 13(1) TEU—the ECB and the Court of Auditors—are not given dedicated provisions in the TEU. Detailed provisions on all seven institutions listed in Article 13(1) TEU are to be found in Articles 223–287 TFEU.

INTRODUCTORY NOTE

2020 ◽  
pp. 499-514
Author(s):  
Antonio Tizzano
Keyword(s):  
European Union ◽  
Security Policy ◽  
Fundamental Rights ◽  
The European Union ◽  
The United Kingdom ◽  
Court Of Justice ◽  
Legal Questions ◽  
Introductory Note ◽  
Foreign And Security Policy ◽  
Migration Crisis

The introductory note describes the main developments of 2018 with regard to the functioning and the organization of the Court of Justice of the European Union, as well as to its case law. The Court of Justice and the General Court were confronted with many delicate legal questions pertaining to all aspects of EU law. Amongst others, the EU courts were confronted with the unresolved issues raised by the so-called “migration crisis,” by the exit of the United Kingdom from the European Union, and by the threats to the values inherent in the rule of law, which are worryingly emerging in various member states. The introductory note provides an overview of the most important judgments that were delivered in 2018, in an array of legal domains, including rights and obligations of third-country migrants, fundamental rights, rules of competition and internal market, common commercial policy, and common foreign and security policy.

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