EU Institutions and Community Law: Structure & Powers

Posted on Feb 20, 2025 in International Relations

EU Institutions

European Commission

The European Commission acts as the administration of the EU, located in Brussels. It consists of 17,000 officers and is led by a President, six Vice-Presidents, and Commissioners, totaling 20 individuals. Commissioners’ roles are similar to those of Ministers, divided by subject matter.

Powers:

  • Management: Managing the EU administration.
  • Representation: Representing the EU to other states or international organizations.
  • Negotiation: Negotiating on behalf of the EU.
  • Legislative Initiative: Proposing legislation to the Council of Ministers.
  • Implementation: Ensuring Community standards are implemented.
  • Penalties: Imposing sanctions for breaches of EU agreements, laws, and rules.

How It Works: The Tandem Commission – Council:

  1. Commission proposes.
  2. The council decides.
  3. The Commission implements.
  4. The Commission sanctions.

The Council of Ministers of the EU

Represents the interests of both Member States and the EU. It has no fixed seat, rotating every six months by order of state. A Secretary-General manages procedures with a staff of 2,200.

It comprises Ministers or Representatives of each State.

Decision-making: Votes are of three types:

  1. Simple majority (half plus one).
  2. Qualified Majority: Requires a certain number of votes (64 out of 87 votes, where each state has votes according to population). This system is used for 99% of decisions.
  3. Unanimity: Used primarily for the admission of new members.

European Parliament

Headquartered in Strasbourg, it consists of 626 MEPs elected by direct universal suffrage.

Powers:

  • Budget Control: Controlling the EU budget.
  • Consultation, Cooperation, and Co-decision: Depending on the subject, Parliament’s consultation, collaboration, or co-decision may be required for legislative initiatives.
  • Rejection: Rejecting trade treaties or agreements, and cases of admission of new States.
  • Censorship: Censuring the European Commission, potentially leading to reforms.

Economic and Social Committee (ESC)

A consultative body whose opinions are not binding. It is divided into nine sections, including agriculture and fishing, industry and trade, economic and financial affairs, transport and communications, and external relations, trade policy, and development. Spain has 21 members in the ESC.

EU Community Law

The objective of the EU is the integration of member states.

EU Law: Includes rules from the ECSC (1952), Treaty of Rome (1957), Accession Treaty, Single European Act (1986), and Maastricht Treaty (1992).

Secondary Legislation

Rules derived from the EU institutions.

  • Regulations: General rules applicable in all Member States.
  • OJ: Official Journal of the European Community.
  • Directives: General normative acts addressed to all Member States, allowing each State freedom in achieving those goals.
  • Decisions: Particular legislative measures targeting specific companies, individuals, or States.

Primacy of Community law: Community law takes precedence over national standards in each country.