The Principal Institutions of the European Union - Research Paper Example

The European Union Introduction Following the tragedies in the form of the two World Wars, European s sought it wise toform a union. This union would help in averting future catastrophes by aligning the interests of the member states. This premise led to the creation of the European Union which amalgamated 28 countries (Oudenaren, 2005, p3). The union seeks to guide its member states in attaining prosperity, in all aspects. This research paper primarily analyses the principal institutions of the EU and how these institutions engage with the sources of the European law. The Second World War left majority of the European states in devastated conditions. According to Oudenaren, these conditions prompted the unification of these states to improve their individual economic situations (Oudenaren, 2005, p5). The two world wars were regarded by many to be because of extreme nationalism. Integration, at the time, seemed like the only solution to avert future catastrophes of this scale. Shortly after the war, in 1948, plans were put in place that finally led to the creation of the union. In that year, a Hague conference was held that suggested the formation of the European movement international and the college of Europe where all the European leaders were to live and study in communion (Oudenaren, 2005, p11). In 1952, the European Coal and Steel Community (ECSC) was formed. This, according to many, is regarded as the first step towards European Federation and it was made up of six countries (Belgium, France, Italy, Luxemburg, West Germany and the Netherlands). The same year also witnessed the signing of the Treaty of Rome that created the European Economic Community (ECC) and The European Atomic Energy Community (EURATOM) (Oudenaren, 2005, p13). The two organizations’ aims were to bring cooperation between members and lead towards the development of energy. The two new committees formed separate entities from the ECSC. France began problems in 1960’s but, in the year 1965 an agreement was reached about nuclear energy that led to the signing of the Merger Treaty in 1967, in Brussels (Oudenaren, 2005, p15). A single set of the three was established and referred to as the European Community (EC). The year 1973 saw the further expansion of the EC; countries such as Denmark, Greenland, Ireland and the United Kingdom joined. Norway, scheduled to join at this time, was denied due to a referendum voted against them joining the EC. 1979 was a significant year in the development of the EU as the first ever-direct democratic elections to the European parliament were held (Oudenaren, 2005, p19). The years that followed 1980 witnessed the migration of European countries such as Portugal, Greece join the union. The 1980’s also saw the signing of the Schenger agreement that opened borders for every European country, member or non-member, to trade freely. In addition, the EU adopted its flag and the Single European Act was passed (Oudenaren, 2005, p20). The Maastricht Treaty of 1993 was the last treaty that led to the formation of the current European Union. Since then, almost previous non-member states have joined the union making it the standard used in economic and national integration globally (Oudenaren, 2005, p25). The EU has set the standards that are being adopted by other countries seeking to follow its example. Institutions of the European Union Article 13 on the Treaty on the European Union notes seven institutions that govern the European Union. These are involved in the day-to-day running of the union and ensure that the member states adhere to laid down laws of the European Union (Adams, 2008, p23). The first institution of the EU is the European Parliament. It main functions are to carry out all the legislative and budget works. The speaker leads this institution, which consists of 736 directly elected members to represent the entire European community. They sever a five-year term and are elected through universal suffrage. The parliament presides over some commissions as it exercises its legislative duties within the law. In its daily duties, the European Parliament operates within the speculations of the treaties that were used in the formation of the EU. Its power is regulated and works according to the directives of the law (Best et al., 2008, p59). The European Council (EC) is another institution of the EU. It comprises of heads of state or governments of member states. It has a president who is decided by the highest political body of the EU. The European Council meets four times each year to discuss important issues that affect the union. They mainly define the union’s objective and motivate integration. The election of the president and placing priorities on its main objectives must be procedural as stated in the sources of the European Law (Best et al., 2008, p62). The Council of the European Union (CEU) is the main decision-making institution of the EU. It holds both legislative and some executive powers, therefore, making it a very powerful institution of the union. It has presidents who chair it for six-month terms and each three consecutive presidents cooperate on a general program (Schmitt, 1999, p102). This council is composed of twenty-eight national ministers who are selected depending on the topic or agenda of the meeting. If the main agenda of the meeting is energy then each member state will send their energy minister to the meeting. These ministers have both budgetary and legislative powers of parliament and they mainly advocate for a common foreign and security policy. The votes are taken in either unanimity or majority and are also allocated according to population. Decision-making is put in check by the European Union’s laws. The European Commission is the executive part of the union. It is made up of twenty-eight members each from a member state. It is positioned in that; it is a body independent of the national interests of the member states and works for the common good of the whole union. This body is the guardian of the treaties as it ensures that they are upheld to the letter. It is also involved in the day-to-day running of the union as it upholds the law and the treaties. The commission is responsible for drafting new laws and proposing new bills that should be considered or discussed. The president of this commission must be nominated by the European Council and approved by parliament before he can perform his duty (Reich et al., 2003, p211). The Court of Justice of the European Union (CJEU) is another commission of the EU. It is located in Luxemburg and it is mandated with the responsibility of interpreting the laws of the union and the treaties. The CJEU comprises of the main chamber with the Court of Justice, the General Court and the Civil Service Tribunal. It operates in line with the supplementary source of the European Law and ensures everything is done according to the law (Schmitt, 1999, p138). The European Central Bank is the last institution that makes up the European Union. It is located in Frankfurt and national banks governors and a president lead it. Its role is to control all the monetary policies in member states that have adopted the euro as a common currency and ensure that there is price stability in those areas. It operates to ensure that there is mobility, growth within the member states, stability in those countries that have adopted the euro and finally it drives towards a single currency in all the member states (Ginsberg, 2007, p89). The institutions and their Relationship with European law (Add on) The European Law is a body of treaties and legislation that have either a direct or an indirect effect on the nature of European Union member states. They influence their behavior both within their boundaries and areas of jurisdiction and internationally. There are three types of European laws. The first are treaties, these are primary legislation that automatically apply to the member states without them having to accept them. Going contrary to these treaties welcomes severe sanctions from the concern institutions of the EU. The second European Law regulations and also form the secondary sources of the European Law. These like treaties, once the council of ministers has passed them by a majority of 75.1%, the member states have no choice but to abide even if they conflict them. Directives are the third European Laws. Unlike the previous two, these are not directly applicable; the member states have some authority over them. The member states have to scrutinize and pass them before they are included in the law. There is a time limit under which member states are supposed to have included these directives in law (Steiner et al., 2012, p49). It is evident that there are three sources of law. The primary source which are composed of the treaties and which member states have no control over, the secondary source which are regulations, though not as powerful as the treaties they still demand total adherence to. The final sources are the additional laws, which are made up of cases by the European Court of Justice, The Internal laws of member states and the general principals of the European Law (Reich et al., 2003, p14). Conclusion It can be, therefore, deducted that, the institutions of the European Union or ensure that they interact with the sources of the European Law so that to ensure the rule of law is maintained and every member state is respected. They work towards the creation of transparent and democratic governing institutions in their member state, promotion of human right and equality and finally promote economic and political union within their member states. Bibliography Adams, A. (2008). Law for business students. Harlow, England, Pearson Longman. Best, E., Christiansen, T., & Settembri, P. (2008). The institutions of the enlarged European Union: continuity and change. Cheltenham, UK, Edward Elgar. Ginsberg, R. H. (2007). Demystifying the European Union: the enduring logic of regional integration.Lanham, Md, Rowman&Littlefield. McCormick, J. (2011).Understanding the European Union: a concise introduction. Houndmills, Basingstoke, Hampshire, Palgrave Macmillan. Reich, N., Goddard, C., & Vasiljeva, k. (2003).Understanding EU law: objectives, principles and methods of community law. Antwerp [u.a.], Intersentia. Schmitt, H. (1999). Political representation and legitimacy in the European Union.Oxford [u.a.], Oxford Univ. Press. Steiner, J., Woods, l., Watson, P., & Steiner, J. (2012).Steiner & Woods EU law.Oxford, U.K., Oxford University Press. Oudenaren. John Van (2005). Uniting Europe: An Introduction to the European Union. Rowman & Littlefield Read More