Principal Institutions of the European Union - Essay Example

PRINCIPAL INSTITUTIONS OF THE EUROPEAN UNION Principal Institutions of the European Union The European Union (EU) refers to an economic and political partnership between 28 European countries formed in 1 November 1993 (Kirste 2007, p. 1) after the Second World War (European Union 2014, p. 1). The EU seeks to foster economic, social, and political co-operation (Kirste 2007, p. 1). The EU started as the European Economic Community (EEC) in 1958 that sought to enhance economic cooperation between member states. The EU developed with time where it launched the new currency, the euro in 1999 as the unit of exchange for all EU member states (Kirste 2007, p. 1). The EU basis its foundation on the rule of law (Adams 2006, p.234) where it complies with treaties, voluntarily, and democratically agreed by all member countries (European Union 2014, p. 1). Indeed, the EU seeks to promote human rights both internally and around the world which leads to peace, stability, prosperity, and improved living standards in the member states (European Union 2014, p. 1). Notably, the EU operates through different institutions that include the European Council, Council of Ministers, European Commission, the Court of Justice of the European Communities, European Court of Auditors, European Ombudsman, European Central Bank, and European Parliament. The principal institutions of the European Union include the European Commission, the European Parliament, the Council of Ministers, Court of Auditors, and the Court of Justice. Notably, the European Commission, the European Parliament, and the Council of Ministers concentrate in EU legislation (European Union 2014, p. 1). The European Parliament represents the EU’s citizens, the Council of Ministers represents the governments of the individual member countries, and the European Commission represents the interests of the entire union (European Union 2014, p. 1). Most specifically, the European Parliament is the principal democratic institution of the EU system with a membership of 732 members. Europeans elects the members to the European Parliament for a 5-year term (Souper 2008, p. 1). The European Parliament exercises democratic control over all the EU institutions where it represents the political views of the member states and integrates the views and priorities of members into the system (European Parliament 2009, p. 1). The European Parliament shares legislative power with the Council and the Commission where it examines, amends, and passes EU legislation (European Parliament 2009, p. 1). It also sets the EU's annual budget and ensures that the Commission implements the EU policy (Souper 2008, p. 1). Previously known as the Council of Ministers, the Council represents the governments of EU countries in the EU system. The member states appoint national ministers to the EU to represent reference government (European Union n.y, p. 1) in addressing a subject under discussion in the EU system (European Parliament 2009, p. 1). Indeed, the national ministers appointed to the Council have the capacity to make binding decisions on behalf of his government (Souper 2008, p. 1). The Council shares legislative power with the European Parliament in examining, amending, passing, and adopting EU legislation proposed by the Commission (European Parliament 2009, p. 1). Indeed, the Council coordinates the economic policies of the member states by sharing the budgetary function with the parliament. The national ministers at the Council appoint the presidency of the Council on a six months rotational basis (European Union n.y, p. 1). The European Commission is the executive institution of the European Union (European Union n.y, p. 1) and plays a major role of proposing new EU laws to the Parliament and the Council and for implementing those laws once passed (European Parliament 2009, p. 1). The composition of the Commission includes one commissioner from each EU country that implements the EU policy and manages EU programs and actions across the globe (European Union n.y, p. 1). The commissioners appoint the president of the European Commission on a renewable two-year term (European Union n.y, p. 1). Together with the Court of Justice, the Commission enforces the Community law, negotiates international agreements, and speaks on behalf of the Union (Souper 2008, p. 1). Moreover, the Commission monitors compliance with treaties and common decisions binding to the member states (Parish 2011, p. 222). As such, the European Commission represents the interests of the Union (European Union n.y, p. 1). It is therefore clear that the European Commission, the European Parliament, and the Council produce the policies and laws that define the operations of the EU (European Union 2014, p. 1). Notably, the European Commission proposes new laws where the Parliament and Council adopt them and the Commission ensures their application and implementation (European Union 2014, p. 1). The Court of Justice acts as the Supreme Court of the EU where it adjudicates on all legal issues and disputes involving Community law (European Union n.y, p. 1). Each member states appoint a judge to the Court of Justice for a six-year renewable term (European Union n.y, p. 1). The Court of Justice is an executive institution in the Union where it provides interpretation and enforces implementation of the treaties, by the EU institutions and the member states. Indeed, this institution ensures uniform interpretation and effective application of community law. Notably, the Court of Justice deals with two main types of legislative actions. The Court deals with legislative issues referred to it by national courts for rulings of interpretation of Community law and legislative issues initiated by one of the EU institutions. Court of Auditors is another principal institution of the EU that represents the interests of the taxpayers where it explores the use of the EU budget (Souper 2008, p. 1). The Court of Auditors ensures that the Union spends its money according to its budgetary rules and regulations and for the intended purposes (Souper 2008, p. 1). This institution explores the legality of receipts and expenditures and the sound financial management of the budget (European Union n.y, p. 1). The Court of Auditors composes of 15 members appointed by the Council for a renewable term of six years after an agreement between the Member States and with consultation with the European Parliament (European Union n.y, p. 1). Notably, the Court of Auditors ensures the correct implementation of the EU budget within the set legal framework with an aim of enhancing the effectiveness and transparency of the EU. The EU Law has equal force with national law where it confers rights and obligations on the authorities in each member country, as well as individuals and businesses (European Union 2014, p. 1). The implementation of the EU law in member states is the responsibility of the authorities in reference countries (European Union 2014, p. 1). Notably, the implementation of the EU laws must enhance the citizens’ rights in the member states. Notably, there are different types of EU laws that include treaties, directives, regulations, and court decisions. Indeed, the EU relies on the rule of law and its operations depend on treaties approved voluntarily and democratically by all EU member countries (Adams 2006, p. 234). The treaties apply automatically and universally in all member states. As such, the member states do not require any national implementing legislation. On the other hand, regulations also apply directly to the member states (Naglič & Papadopoulou 2013, p. 2). The regulations start to apply once the Council of Ministers passes them and they build on provisions in the treaties. In fact, the member states do not require any national implementing legislation. Notably, in case of any conflict with other legislations passed by the members, regulations remain supreme (Naglič & Papadopoulou 2013, p. 2). However, directives are not directly applicable since member states must pass relevant legislation to adopt the directives into law within a given time limit (Naglič & Papadopoulou 2013, p. 3). In this case, the national authorities have the choice of form and means to make the national implementing legislation. Ultimately, the court decisions are binding in all aspects to addressed member states (Naglič & Papadopoulou 2013, p. 2). Court decisions can apply to any or all member states and hence such decisions do not require national implementing legislation. Notably, the sources of European Union law include primary law, secondary law, and supplementary law (European Union 2010, p. 1). The primary legislation entails all treaties and other agreements that establish the European Union (Davies 2013, p. 53). Member State governments engage in direct negotiations to form primary law (European Union 2010, p. 1). The treaties in EU define the legal framework through which the EU institutions implement European policies (European Union 2010, p. 1). Indeed, primary legislation establishes the distribution of responsibilities between the Union and the Member States and determines the powers of EU’s institutions (European Union 2010, p. 1). On the other hand, secondary law sources relate to legal instruments based on the treaties and include unilateral acts, conventions, and international agreements (Davies 2013, p. 53) signed by the EU, between member states, and agreements between the EU institutions (European Union 2010, p. 1). Different articles define a variety of procedures that relate to the secondary legislation (ILGA 2013, p. 1). Ultimately, the supplementary sources refer to elements of law not provided for by the treaties (European Union 2010, p. 1). The Court of Justice case law, international law, and general principles of law form the supplementary sources of EU laws. Ideally, the case law refers to judgments of the European Court of Justice in response to referrals from the European Commission (ILGA 2013, p. 1). In conclusion, I find that the EU operates through different institutions where the principal institutions include the European Commission, the European Parliament, the Council of Ministers, Court of Auditors, and the Court of Justice. The European Parliament represents the EU’s citizens, the Council of Ministers represents the governments of the individual member countries, and the European Commission represents the interests of the entire union. Moreover, the Court of Auditors represents the interests of the taxpayers where it explores the use of the EU budget while the Court of Justice provides interpretation and enforces implementation of the treaties, by the EU institutions and the member states. Furthermore, I established that the EU institutions engage with the sources of EU law. Indeed, EU institutions implement European policies based on primary legislation like treaties and other agreements since primary law determines the powers of EU’s institutions. Additionally, agreements between the EU institutions form the secondary sources of EU law. The referrals from the European Commission by the European Court of Justice form the case law, which is a supplementary source of EU law. Works Cited Adams, A 2006, Law for Business Students, Pearson Longman, London. Davies, K 2013, Understanding EU Law, Routledge, London. 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Souper, M 2008, EC Law - Institutions of the European Union, retrieved 24 March 2014, < http://sixthformlaw.info/01_modules/mod2/2_3_1_eu_institutions/05_eu_institutions.htm> Read More