EU Institutions (OCR A-Level Law): Revision Notes
EU Institutions
Introduction: the UK and the European Union
The European Union was established in 1957. The United Kingdom joined the EU in 1973 by signing the Treaty of Rome. This membership was authorised by Parliament through the European Communities Act 1972, which followed a referendum. At its height, the EU comprised 27 Member States.
In 2016, the UK held a referendum on EU membership, resulting in a vote to leave. This process became known as Brexit. The UK formally left the European Union on 31 January 2020.
It is important to recognise that EU law was not imposed on the UK. The UK was a senior and influential member of the EU, with equal participation in creating new EU laws alongside other Member States.
The four EU institutions
The European Union operates through four main institutions, each with distinct roles and responsibilities in the EU's legislative and judicial processes.
The Commission
Membership and appointment
The Commission is the EU's executive body. Every Member State appoints one Commissioner who must act independently, setting aside their national interests. Commissioners serve five-year terms and can only be removed during this period through a vote of censure by the European Parliament.
Each Commissioner leads a department responsible for a specific area of EU policy, such as agriculture, trade, or competition.
Role and functions
The Commission performs several crucial functions:
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Proposing legislation: The Commission develops and proposes new laws for the Parliament and Council to consider. It acts as the starting point for EU legislation.
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Administration: The Commission is responsible for the day-to-day administration and operation of the EU.
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Ensuring compliance: The Commission monitors whether Member States properly implement treaty provisions and other EU obligations. Where a Member State fails to comply, the Commission can refer the matter to the Court of Justice of the European Union.
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Budget management: The Commission manages the EU's budget and supervises how funds are spent across the Union.
The European Parliament
Structure and elections
The European Parliament consists of 751 Members of the European Parliament (MEPs). Unlike the other institutions, the Parliament is directly elected by citizens of Member States in elections held every five years.
The direct election of MEPs makes the European Parliament unique among EU institutions. This democratic mandate gives the Parliament significant legitimacy and authority in the legislative process.
The number of MEPs from each country depends on the size of that country's population, ensuring proportional representation. MEPs form political groups based on shared political beliefs rather than nationality.
Functions and powers
The European Parliament exercises significant legislative and supervisory powers:
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Legislative role: The Parliament meets monthly and operates through standing committees that examine proposals from the Commission. These committees report to the full Parliament for debate. The Parliament can now co-legislate on equal terms with the Council, meaning it can approve or reject Commission proposals.
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International decisions: The Parliament decides on international agreements and whether to admit new Member States to the EU.
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Oversight: The Parliament reviews the Commission's work programme and can request that the Commission propose specific legislation.
The Council
Composition
The Council's membership is flexible and practical. Each nation's government sends a representative, usually the Foreign Minister. However, when the Council discusses specific topics, the relevant minister often attends instead. For example, if agricultural policy is under consideration, the Minister for Agriculture would attend.
Law-making powers
The Council serves as the primary legislative institution of the European Union. It makes laws through a system called qualified majority voting (also known as double majority voting).
Qualified Majority Voting Formula
For a proposal to pass, it must meet two criteria:
- At least of Member States must vote in favour, AND
- The supporting Member States must represent at least of the total EU population
This dual requirement ensures that both the number of countries and the population they represent are considered in decision-making.
The Court of Justice of the European Union
Structure and composition
The Court sits in Luxembourg and includes one judge from each Member State. When sitting as a full court, 11 judges preside. For other cases, the court operates in chambers of either five or three judges.
The court is assisted by 11 Advocates General. These legal experts independently research cases and present the legal issues to the court in an impartial manner, helping to clarify complex points of EU law.
Functions and jurisdiction
The Court of Justice performs two main functions:
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Enforcement: The Court determines whether Member States have failed to meet their EU obligations. For example, in Re Tachographs: The Commission v United Kingdom (1979), the Court ruled on whether the UK had properly implemented EU requirements.
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Preliminary rulings: National courts can refer questions about EU law to the Court of Justice for preliminary rulings. This is particularly important because rulings from the Court of Justice bind courts in all Member States, ensuring uniform interpretation and application of EU law throughout the Union. The case of Factortame v Secretary of State for Transport (1990) demonstrates this process in action.
The binding nature of Court of Justice rulings on all Member State courts is fundamental to ensuring consistent application of EU law. When a national court receives a preliminary ruling, it must apply that interpretation, creating uniformity across the entire Union.
Separation of powers
The EU legal system was designed following the principle of separation of powers, which divides governmental functions between different institutions. This principle aims to prevent the concentration of power in any single body.
Unlike the UK system, which has evolved over centuries, the EU represents a relatively modern and deliberately structured legal system. The Commission proposes laws (executive function), the Parliament and Council make laws (legislative function), and the Court of Justice interprets and enforces laws (judicial function). This separation creates checks and balances within the EU framework.
Key Points to Remember:
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The UK joined the EU in 1973 through the Treaty of Rome and European Communities Act 1972, but left on 31 January 2020 following the Brexit referendum.
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The Commission proposes laws, administers the EU, and ensures Member States comply with their obligations. Each Member State has one Commissioner serving a five-year term.
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The European Parliament consists of 751 directly elected MEPs who co-legislate with the Council and can approve or reject legislative proposals.
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The Council is the primary law-making body, using qualified majority voting ( of Member States representing of the EU population).
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The Court of Justice sits in Luxembourg and ensures uniform application of EU law through enforcement actions and preliminary rulings that bind all Member State courts.