The Main Institutions of the European Union - Essay Example

The main s of the European Union and the relationship to law After joining the European Union, member s relinquish partial sovereignty of their states to the EU governing institutions. These institutions have a duty to represent individual national interest and further communal EU interests simultaneously. Each institution is uniquely qualified to perform a legislative, executive or judicial role in the union. Some of the institutions are minor and play a supportive role to the major governing institutions. The European commission This is one of the main bodies with an executive role in the governance of the European Union. It is in charge of the implementation of legislations and at times, it actively proposes legislations for the union. It has a role as the legal guardian of the EU, since it protects the treaties that are the legal framework for the union. It has twenty-eight members from member countries who serve a five-year term in office. Member countries submit their list of qualified commissioners to the European Parliament for approval1. After appointment, the commissioners do not undertake any other duties whatsoever other than the delegated duties. The European parliament This is the largest institution of the union and it represents all the major political parties in the European Union. It has a democratic setting, which allows citizens to elect their representatives to this parliament. According to the treaty of Lisbon, the member states are set to reduce from 766 to 751 in the year 20142. The major function of this parliamentary body is to air matters of public interest in the European Union. At the sittings of this institution, each member states gets a chance to air the challenges faced by their countries. This parliamentary body also vets the EU budget and has powers to reject it or amend some of its expenditure. Representatives serve a five-year term after which they are free to vie for re-election. Since it is the largest parliament in the world, which represents over 500million citizens it plays an important role in European integration. In the beginning, the role of the parliament was purely for advisory purposes, but in recent years, the treaties of Amsterdam and Nice led to a more active role for the parliament as mentioned above. It is also important to the EU since it monitors actions by the other institutions, which have to defend their actions before parliamentary committees3. The council This body carries out the legislative duties of the EU. For a while, it was the sole legislative body until the European parliament received such powers. Although the parliament has such powers, they are not as vast as the powers of the council. The council remains as the major legislative body within the EU with representatives from each member state. The main function of the representatives is to push the agendas for development for each member states in the council. The council has more minor groupings within it to handle specialized matters such as employment, health, general affairs, security affairs and financial affairs. The council is key in the decision-making process of the EU and all meetings are in public4. The court of justice This court has fifteen judges each serving a term of six years. It is the Supreme Court in charge of all legal decisions pertaining to the EU. It interprets treaties within the union and ensures that all member states implement these treaties. The fifteen judges are from the fifteen states that make up the EU. This ensures that there is no bias in administration of the law according to EU policies. Decisions by the court of justice apply to member states of the EU and supersede decisions made by national courts. This is evident according to article 19 of EU Treaties, which states that,” The Court of Justice of the European Union shall, in accordance with the Treaties5: (a) Rule on actions brought by a Member State, an institution or a natural or legal person. (b) Give preliminary rulings, at the request of courts or tribunals of the Member States, on the interpretation of Union law or the validity of acts adopted by the institutions. (c) Rule in other cases provided for in the Treaties” (Article 19 TEU). The term ‘Court of Justice of the European union’ is the proper name for this court and it arises from combination of the General court, the court of justice and other specialized courts. The European Council Although it begun on an informal basis, the council is currently a recognized institution of the European Union. The European council and the council differs based on membership and functions. The council consists of only heads of states of EU member states. The presidency of the European council is on an electoral basis whereby the members of this council elect a president who does not hold any office. Since the president elected has no official office, he delegates time to meet with other members of the council personally and further the interests of EU to other countries. The elected president serves a 2-year term with only a single opportunity for re-election. The European council makes major decisions concerning the European Union. These decisions have to be unanimous unless dictated otherwise by the treaties. Contrary to the council’s function, the European council does not carry out any legislative functions. This council meets once in four years in a summit called the European Summit. They discuss issues pertaining to the EU and discuss ways in which to strengthen the union. European Union Law The legal framework that has rules and regulations to govern the European Union. Sources of European Union law Classification of the sources of EU law is in three categories; primary sources, secondary sources and supplementary sources. In order to understand how these sources interact with the different institutions, they have to be under different analysis. Sources of primary law are sources that are in relation to the Treaties on the Functioning of the EU and Treaty on the EU. These treaties are the basis for the legal framework under which the union operates. Some other sources of primary law/primary sources are Treaties on new member’s accession to the EU, amending EU treaties and protocols related to the founding treaties6. Secondary sources are those in relation to the agreements within the EU and unilateral acts. The documents in these two categories are regulations, decisions and directives listed in article 288 of the TFEU. The other source of the same is the atypical acts not listed in article 288 of the TFEU, which are important for running of the union. Agreements become sources if they are between EU member states, or between the EU and a country outside the EU7. The final source of EU law is the supplementary source, which includes the general principles of law. This enable the court of justice to create a bridge for the gap between primary and secondary sources. Conclusion Sources of the EU law interact with the different institutions of the law in a way that ensures there is effective functions of all institutions8. Primary sources interact with the institutions more deeply than other sources because they dictate the process of forming new institutions within the EU. They are also the law that stipulate how each institution works in relation to the others. They spell out the duties and responsibilities of each institution of the EU including the Court of Justice. Secondary source act to strengthen the institutions of the EU through agreements and other external interests. If the European Union wishes to enter into a trade agreement with any other country, they have to depend on the secondary sources of EU law. Without this source, the EU would limit its external ventures hence hurting its economic growth. These sources also stipulate the recommendations that certain institutions need to apply to overcome challenges within the EU9. The supplementary source is the most important since it stipulates the boundaries of each institution. This source also protects member states from negligence and ensures that each institution is effective in handling of its duties. It ensures that respective treaties receive the correct interpretation as laws governing the EU. It also ensures that there is equality and justice within the union. Laws that pertain to joining the EU and those that pertain to exit are in this category of sources. Bibliography ASHIAGBOR, D., COUNTOURIS, N., LIANOS, I., & PECH, L. (2012). The European Union after the Treaty of Lisbon. CANNIZZARO, E., PALCHETTI, P., & WESSEL, R. A. (2012). International law as law of the European Union. Leiden, Martinus Nijhoff Publishers. (2010). European basic treaties: Treaty on European Union, Treaty on the Functioning of the EU, Charter of Fundamental Rights of the EU, and Treaty of Lisbon. Deventer, Kluwer. EU Treaties http://europa.eu/about-eu/basic-information/decision-making/treaties/index_en.htm. Retrieved on 24/3/2014. HORSPOOL, M. (2006). European Union law. Oxford, Oxford University Press. HOLDGAARD, R. (2008). External relations law of the European Community: legal reasoning and legal discourses. Alphen aan den Rijn, Kluwer Law International. MONAR, J. (2001). The European Union after the Treaty of Amsterdam. London , Continuum. The European Commission http://europedia.moussis.eu/books/Book_2/2/4/1/2/index.tkl?all=1&pos=35. Retrieved on 24/3/2014. 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