The Principal Institutions of the European Union - Assignment Example

What are the principal s of the European Union? To what extent do these s engage with the sources of EU law? Date Introduction The European Union law can be defined as a body of treaties, court judgments and law which operates together with the law of the member states. The European Union law is however superior to the law of the member states and binding to all the parties involved. This therefore means that any rule that the EU makes has to be approved voluntarily and democratically by the member states. This means that the EU cannot enforce any law that the Member States are against. The European Union Law was created at the end of world war as a way of bringing the European states together. This therefore means that the laws were formed for social and political reasons. There are three laws that originate from the EU laws. These are treaties, regulations, recommendations and directives. Regulations are directly applicable to all the member states as from the date it is implemented without any action from the member states. A directive is applicable to all the member states of the EU, but the national authorities have the right to choose the form or method. Decisions on the other hand are only binding to the states to which it is designated. Any regulations and directives addressed to particular member states must be published in the Official Journal of the Communities. Some of these laws apply to some of the Member States while others do not. Some of the European Union laws are binding while others are not (Fairhurst, 2009, 72). European Union Institutions The EU Institutions were basically created with the main aim of giving an impression to an continually closer Union of European states. The members of the European Union kept growing over time which resulted in an increase in the number of responsibilities for the EU. Over time the Institutions have increased in number and broadened and are more numerous. There are over a dozen of European institutions but only five are really important. There are European Council, Council of Ministers, Parliament, Commission and EU Court. The three institutions that make up the “institutional triangle” for the European Council law is the Council, Commission and the Parliament. Other minor institutions that exist under the European Union are the European Court of Auditors, the European Investment Fund, and the European Economic, the European Central Bank and Social Committee and others. 1. The European Council This institution serves one main purpose which is to steer the political direction chaired by the Head of States. This Institution is often mistaken with The Council of the European Union, which refers to a meeting of ministers who rank below the prime ministers. The Head of State is in charge of the entire government and chairs the meetings from time to time. The meetings of the Head of State were developed by custom over time. The European Council congregate at least twice a year, which is usually in June and December. The meetings take place is specific cities depending on what the EC law stipulates. Even the Prime Minister works under the Head of State (Best, Christiansen & Sittembri, 2008, 92). However, it is technically not an institution although it is normally ranked under institutions. This happens when one takes into consideration the EC law. There is no institution anywhere globally which can be categorized on the same level as the European Council. It is basically a body in which the member states can set the political objectives for their countries, co-ordinate their state policies and find a solution to any differences that may exist between them and other institutions. The European Council is important as it implements the policies of the entire Union as a whole. The European Council consists of the Head of State, the Foreign Minister to represent each Member State and the Chairman of the Commission (Horspool & Humphreys, 2012, 78). However, the European Council has no role in the EU law making. Any political decisions it makes must be translated into action through secondary legislation or treaty changes. The Council also provides guidelines to the Member States on EU policies. 2. The European Parliament The European Parliament is the largest parliament globally. It is the only Institution in the EU which is unswervingly voted for by the Member States. This reflects on the kind of democracy that exists within the Institution such that the needs of the European Citizens are reflected. The Parliament works together with the Council in the formulation and adoption of legislation as proposed by the Commission. In addition, the Parliament is in charge of approving the yearly budget for the EU and has political power over its member states. The Parliament is in charge in charge of deciding the combination of the Commission and has the right to remove by simply executing the vote of no- confidence. The members of the Parliament are permitted to bring up both written and oral inquiries to the Council and to the Commission. Any new member states wishing to join the Member States have to get the approval of the Parliament before joining the EU. Furthermore, the Parliament is in charge of appointing the Ombudsman (Horspool & Humphreys, 2012, 28). There are a total of 626 members who make up the EU Parliament who serve for a period of 5 years. The members are put into different groups depending on one’s political affiliation to avoid any kinds of problems within the Parliament. The Parliament is located in Strasbourg, France. Meetings take place every month once. In case there is need for any extra sessions or emergency meetings, the meeting is to be hosted in Brussels. 3. Council of the European Union. This institution is also referred to as the Council of ministers. It is the central decision making institution in the EU. This is where all EU legislations are made working hand in hand with the European Parliament and the Commission. The Council’s main line of action applies to the “three pillars” of the European Union. It is the solitary council for all the three main European Communities. The European Communities that make up the three pillars are ECSC, EC and EURATOM. There is a full time Secretariat who assists the Council by preparing and overseeing the proficient running of the functions of the Council. In accordance to the EU law, the Council is only allowed to take action on a suggestion from the Commission. Every member state of the EU has a representative in the Council. The representative has the power to make any obligatory decisions on behalf of their state. In an instance where the Council meeting is dealing with affairs concerning the environment, the representative is replaced by the environment minister for each state. Similarly, when the meeting is about foreign matters, the foreign secretary of the state should be in attendance. Council’s main function is co-coordinating and making any major decisions relating to the financial policies of the member states. The council also shares the budgetary role with the EU Parliament and is consulted from time to time to help in preparing the yearly budget for the EU. Its main location is in Brussels. However, a number of the Council’s meetings are held in Luxembourg once in a while (Berry & Hargreaves, 2007, 56). 4. The European Commission The European Commission is normally referred to as the “Guardian of Treaties” under the EU law. The Commission has the lone justification to present any new proposals for new legislations. Basically, the Commission monitors the other institution’s compliance with the EU treaties in making any common decisions. In case any of the Member States act against what is stipulated by the EU law, the Commission has the right to bring the state be ECJ. Any decisions made by the Parliament or the Council have to be implemented by the European Commission. The European Commission has 20 members who are chosen by the regime of the Member States (Peterson & Shackleton, 2012, 30). The appointed President is in charge for a term of two years which is renewable in an instance where he is voted in again. The European Commission also acts as the voice of the EU in regards to negotiating any forms of international agreements especially those relating to business and collaboration. The European Commission is in charge of administering and implementing community law. In addition, the Commission acts with the Court of Justice in enforcing any forms of community law among its Member States (Peterson & Shackleton, 2012, 34). The European Commission is located in Brussels. 5. European Court of Justice The European Court of Justice is in charge in interpreting the EU law to the Member States and ensures that the laws are applied uniformly among all the Member States of the EU. In addition, the Court has the responsibility to settle any form of legal disputes that may arise between the EU institutions and the EU governments. This does not imply that their power is only limited to the EU governments and institutions. There are instances when organizations, individuals and companies are allowed to bring their legal cases before the Court if at all they feel that an EU Institution has infringed their rights in any way. The Court of Justice, which is situated in Luxembourg, compromises of one judge from each Member State who are assisted by 9 advocates whose main function is to give their opinions and views concerning any legal cases brought before the court. The advocates and judges serve for a renewable period of 6 years. They are appointed common accord of the governments of the member states. Any rulings made in the court are done by majority voting. In order to help the Court of Justice with the heavy workload, the Court of Instance was created in the late 1980s (Berry & Hargreaves, 2007, 45). Bibliography Berry, E., & Hargreaves, S. 2007. European Union Law. Oxford, Oxford University Press. Best, E., Christiansen, T., & Settembri, P. 2008. The Institutions Of The Enlarged European Union: Continuity And Change. Cheltenham, Uk, Edward Elgar. Fairhurst, J. 2009. Law Of The European Union. Harlow, Longman. Horspool, M., & Humphreys, M. 2012. European Union Law. Oxford, Oxford University Press. Peterson, J., & Shackleton, M. 2012. The Institutions Of The European Union. Oxford, Oxford University Press. Read More