The EU Institutions - Report Example

The EU has developed an elaborate institutional framework, evolving from the original bodies established in the Treaties of Paris and Rome. It is unique. There is no single process of decision-making within the EU and both institutions and policy-making processes continue to evolve-with some controversy.’ Discuss this statement giving an overview of each of the European institutions listed below in terms of the role played in promoting closer integration. How will enlargement of the EU affect the major institutions as time goes on? European Union of today with 27 member States and few more States lining up to become members, was conceived as an economic community (European Coal and Steal Community) in 1952 with only six west European countries as member states. After the two devastating world wars, the then political leaders of France and U.K. were toying with the idea of forming a union of the West European countries mainly to prevent further wars. Germany which was defeated in the world war II was sought to be contained by France through this integration on economic perspectives. Though Winston Churchill of the U.K. mooted the idea of formation of United States of Europe on the lines of United Sates of America, he himself watered it down to the minimalist level of union of nations for trading purposes following the ideology of Immanuel Kant according to whom trading nations do not go to war with one another. On the other hand Altiero Spinelli, the Italian political theorist wanted the union to be not merely economic but also political. As the nations did not want to lose their identities, economic union alone was favoured mainly to take advantage of economic benefits that would arise out of such economic cooperation among the member States and at the same time to avoid another war. Thus what began as European Coal and Steel Community in 1958 later came to known as European Economic Community in 1958 and as European Union in 1993. The arrangement reflects Supranationalism rather than Intergovernmentalism. Supranatiolism meant formation of new institutions and policies that rise above the national sovereignty of member States. Intergovernmentalism meant cooperation between the member States without any new institutions. (Staab, 2008, p1-6) As integral parts of the European Union, the following institutions have been created with different purposes. They are European Commission, Council of Ministers/Council of the European Union, European Court of Justice, European Parliament, European Council and European Central Bank. European Commission European Commission acts as the executive of the EU with 27 commissioners, drawn from each of the member States. Though representatives of the member states, they are expected to act for the EU as a whole and not for their respective member State. The commission’s president is one of the 27 commissioners selected by the European council. The 27 commissioners as a single body should be approved by the European Parliament. Each such elected commission serves a term of five years. Besides, the commissioners, there are about 25,000 civil servants working for the commission in different directorates-General and services. (Europa) As per article 155 of the EEC treaty (Rome Treaty), it is duty of the Commission to ensure that provisions of the treaty and measures taken by the institutions are implemented. It should formulate recommendations or give opinions on matters envisaged by the treaty. It can also exercise power of decision, participate in the Council’s and European Parliaments’ measures and have powers conferred on it by the Council for implementation of rules stipulated by the Council. Thus the Commission can act as the proposer or initiator of legislation and executor of the mandate or wishes of the Council and Parliament. Besides, it must ensure that laws of the E.U are implemented and enforced. The Commission also can act as the external representative of the member states and negotiator on their behalf. It also acts as the mediator between the member States, EU Institutions. Thus the European Commission is the voice and conscience of the Union. It does the functions of a civil service. The original provisions of the 1955 treaty remain intact even after the coming of European Single Market and European Union. (Cini, 1996, p 13-14) Council of Ministers In spite of the supranational character of the E.U., there is an institutional arrangement established by Article 145 of the Treaty of Rome, to safeguard the interests of the individual national interests of the member States. Thus Council of Ministers which is one of the four original institutions, is a collective noun for representatives of the member States who are charged with the authority of taking final decision on all EU legislative proposals. Intergovernmentalism is ensured through this without having to sacrifice national interests within the framework of Supranationalism. Nonetheless, it has its own identity with a mix of intergovernmental and supranational characteristics. As the supreme decision making authority, the council of ministers have a final say on the legislative proposals either by consulting with EU institutions or by sharing the legislative power of the European Parliament under the co-decision procedure. The council is expected to consult with Economic and Social Committee on all matters. Consistent with the respective treaties, the council has to take decisions by simple majority, qualified majority or unanimity. On matters proposed by the European Commission, the council can take decisions by qualified majority of sixty two out of eighty seven votes. The same sixty two votes are required for other decisions to be exercised by at least ten member States each of them being eligible for a certain number of votes depending on their population size. The council cannot act suo moto but only on proposals laid by the commission. However, the council can persuade the commission to put forward proposals as envisaged in article 152. The council is free to canvas outside the legislative process which will push for a member state’s agreement. The council is also responsible for approval of the EU’s annual budget. Thus in its legislative process, it can also bargain for arriving at decisions. It acts as a policy maker as its holds the decision making power. (Sherrington, 2002 P 26-28) European Court of Justice European court of justice plays a leading role in the shaping of European integration. It was established in 1952 under the ECSC treaty. When disputes are referred to it, the court interprets EU legislation to ensure that it applies to all the EU member states in the same manner. Thus on an issue, it does not give different rulings. It has been empowered to settle disputes between EU member states, EU institutions, business entities and individuals. At present, the court has 27 judges so as to have a judge for each member State. Each member State is thus represented so as to represent their respective national legal systems. The Court has eight advocates-general to assist it. The judges and advocates-general who are impartial beyond doubt are appointed by a joint agreement between the Governments of the member State. There are courts of first instance and civil services tribunal below the Court of Justice for deciding cases of certain nature in order to help reduce burden on the Court of Justice. The primary functions of the courts are; to give preliminary rulings in case of differing interpretations of the national courts of the member states; to enquire into proceedings initiated by the commission in case of failure to fulfil an obligation by the member states and give its ruling. It can impose fine on the member State in case violation is proved.; to initiate actions for annulment of any EU law if found illegal on the representation from member state, council, commission or parliament. Private individuals are also entitled to initiate such proceedings; Similarly it can take actions for failure to act on the part of the parliament, council and commission on the representation of member states, businesses, individuals and community institutions. Finally, the court can award compensation to individuals or businesses because of any action or inaction wrongfully done by the community institutions or its staff. (Europa) European Parliament It is third main political institution of the community. The members of parliaments are drawn from the member states and they were originally acting as the ambassadors of their countries. Over time, the parliament has evolved into what can compensate for the democratic deficit of the community. It is now also trying to act as a legislature in a conventional democracy. An important feature of the parliament is that it is not on national basis. Thus Euro M.P.s belonging to political parties are organised on a Europewide basis or as people campaigning in several countries. The M.P.s sit in the Parliament at Strasbourg by party and not by nation. Thus citizens vote for parties. When they are elected for a five year term office, they are assigned to committees which are about eighteen in number representing specialised policy areas. The committees meet in Brussels and oversee the work of Commission and Council of Ministers more closely. The committees review the legislations drafted by the commission and council on an informal basis and significantly contribute to the outcome of the final rules. The Single European Act provides for approval of the Parliament all the accession agreements and association agreements before consideration of the council. (Sbragia, 1992, p 90) European Central Bank. Pursuant to adoption of a single currency “Euro” by the E.U. on January 1999, participating countries cannot have monetary sovereignty any longer. Monetary policy in euro area has been delegated to the European Central Bank (ECB). Euro is now the second largest single currency area compared to the U.S. The governing council of the bank entrusted with the responsibility of making policy decisions, consists of the president, vice president, and four other members and the Central bank Governors of the participating countries. The respective national banks have the responsibility of implementing ECB’s monetary policies. Maastricht Treaty has laid down that the primary objective of the ECB is price stability. Maintaining of inflation level below 2 percent. (Haan de Jacob, Eijffinger C.W. Sylvester and Waller Sandra, 2005, p1) The above important institutions representing the member countries are interconnected and interdependent. The responsibilities entrusted with each of them are aimed towards integrating the union as close as possible. Thus the institutions are empowered to ensure that no individual, business or member State is deprived of economic advantages arising out of the union by unfair treatment or unfair advantage to others. As in the preamble itself, it has been stated that the union is evolving and not perfect yet, controversies are bound to crop up as members keep joining the union. So far 27 states have only been admitted and candidate countries are in the waiting as admission process itself is very tedious. It can not be done in a stroke. The U.K. that originally mooted the idea could gain membership only in 1970s after its initial hesitation to join the union along with the six other States. As long as Charles DeGaule was in power in France, the U.K. could never make it. E U enlargement Enlargement of the EU is still not complete with three candidate countries in the waiting and few more lining up for membership. Main objective of the union is to gain economic advantages of closer cooperation. The EU had already gained enough with the founder members in terms of economic advantage after the devastating consequences of world war. The members who subsequently joined did so for reaping similar benefits as the founder members did. Rather than economic advantage, political advantage alone will be gained by any further EU enlargement keeping hostilities between countries in mind. As long as sovereignty of the member states is kept intact, real unity cannot be expected especially with reference foreign policy matters. There was no consensus in the matter of invasion of Iraq by the U.S. Barring foreign policy problems, the EU enlargement will bring about economic prosperity to less privilege countries and the developed countries will feel the pinch especially in times of recession the world is now undergoing. Select ONE institution for more detailed analysis in relation to a current controversy surrounding its role in building a supranational entity and its importance in the process of European integration. European Central bank The European central Bank is emerging a major institution in brining about European integration in real terms. Not all the member states have embraced the Euro currency. But looking at the participating countries gaining the obvious advantages of a single currency and price stability, the rest of the member states will soon follow suit with the exception of perhaps the U.K. for its own reasons of already having widespread trading relations outside the union areas around the world. The ECB is however is criticized for not being transparent. It has been said that “when central banks around the world are abandoning the money-growth targeting and adopting inflation targeting and making their efforts transparent, ECB’s strategy is obscure and archaic.” (Haan de Jacob, Eijffinger C.W. Sylvester and Waller Sandra, 2005, p 27) Thus monetary policy of the ECB is controversial. The authors Haan et al (2005) report that ECB has at times conducted itself in an erratic and non-transparent manner. Based in Frankfurt, ECB is seen as a unique and complex but a problematic entity. As 15 member states have already joined it due to their sheer political will, it is considered unique. Its complexity is due to the role played by it as a head in the European System of Central Banks (ECSB). It is considered problematic because monetary power is source of power and member State can ill afford to give it up. Thus ECB after becoming independent is wielding its power as a supranational institution. When fully integrated political union is yet to emerge, giving up monetary power to a supra national institution is not welcome idea. “What will emerge is that the European Central Bank, as a powerful institution, survives through a mechanism of technocratic legitimacy, since the motives that inspired the process of monetary union had more to do with élitarian empowerment rather than the democratic principles of accountability, transparency, identity and participation.” (tesionline.com) References Cini Michelle, 1996, The European Commission: leadership, organisation and culture in the E.U. Manchester University Press Europa, European Commission, accessed 17 August 2009 Europa, The Court of Justice, accessed on 17 August 2009 Haan de Jacob, Eijffinger C.W. Sylvester and Waller Sandra, 2005, The European Central Bank: credibility, transparency and centralization. The MIT Press, p 1 Sherrington Phillipa, 2002, The Council of Ministers and the European Council, Chapter 2, in Warleigh Alex, Understanding European Union Institutions, Routledge, pp 26-28 Staab Andreas, (2008) The European Union Explained, Indiana University Press Sbragia M Alberta, 1992, Euro-Politics: Institutions and policymaking in the New European Community, Brookings Institutions Press Tesionline.com, accessed August 2009 Read More

Thus the Commission can act as the proposer or initiator of legislation and executor of the mandate or wishes of the Council and Parliament. Besides, it must ensure that laws of the E.U are implemented and enforced. The Commission also can act as the external representative of the member states and negotiator on their behalf. It also acts as the mediator between the member States, EU Institutions. Thus the European Commission is the voice and conscience of the Union. It does the functions of a civil service.

The original provisions of the 1955 treaty remain intact even after the coming of European Single Market and European Union. (Cini, 1996, p 13-14) Council of Ministers In spite of the supranational character of the E.U., there is an institutional arrangement established by Article 145 of the Treaty of Rome, to safeguard the interests of the individual national interests of the member States. Thus Council of Ministers which is one of the four original institutions, is a collective noun for representatives of the member States who are charged with the authority of taking final decision on all EU legislative proposals.

Intergovernmentalism is ensured through this without having to sacrifice national interests within the framework of Supranationalism. Nonetheless, it has its own identity with a mix of intergovernmental and supranational characteristics. As the supreme decision making authority, the council of ministers have a final say on the legislative proposals either by consulting with EU institutions or by sharing the legislative power of the European Parliament under the co-decision procedure. The council is expected to consult with Economic and Social Committee on all matters.

Consistent with the respective treaties, the council has to take decisions by simple majority, qualified majority or unanimity. On matters proposed by the European Commission, the council can take decisions by qualified majority of sixty two out of eighty seven votes. The same sixty two votes are required for other decisions to be exercised by at least ten member States each of them being eligible for a certain number of votes depending on their population size. The council cannot act suo moto but only on proposals laid by the commission.

However, the council can persuade the commission to put forward proposals as envisaged in article 152. The council is free to canvas outside the legislative process which will push for a member state’s agreement. The council is also responsible for approval of the EU’s annual budget. Thus in its legislative process, it can also bargain for arriving at decisions. It acts as a policy maker as its holds the decision making power. (Sherrington, 2002 P 26-28) European Court of Justice European court of justice plays a leading role in the shaping of European integration.

It was established in 1952 under the ECSC treaty. When disputes are referred to it, the court interprets EU legislation to ensure that it applies to all the EU member states in the same manner. Thus on an issue, it does not give different rulings. It has been empowered to settle disputes between EU member states, EU institutions, business entities and individuals. At present, the court has 27 judges so as to have a judge for each member State. Each member State is thus represented so as to represent their respective national legal systems.

The Court has eight advocates-general to assist it. The judges and advocates-general who are impartial beyond doubt are appointed by a joint agreement between the Governments of the member State. There are courts of first instance and civil services tribunal below the Court of Justice for deciding cases of certain nature in order to help reduce burden on the Court of Justice. The primary functions of the courts are; to give preliminary rulings in case of differing interpretations of the national courts of the member states; to enquire into proceedings initiated by the commission in case of failure to fulfil an obligation by the member states and give its ruling.

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