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AIDA
Bois Colombes 2021Regional Session of EYP France
New technologies and their impact on today's society
FEMM
The main European Institutions According to Article 13 TFEU, the institutional framework of the EU comprises seven institutions, as follows:
- The European Commission (EC): The common policy
The EC is the executive arm of the EU, with one Commissioner from each Member State being responsible for a specific policy area. It monitors the implementation of EU policy (acquis Communautaire) and proposes legislation while representing the EU in foreign affairs through the High Representative (HR/VP). It operates through Directorates-General (DGs) for each policy area, similar to national ministries at an EU level.
- The European Parliament (EP): The voice of the people
The EP is the legislative arm of the EU, with 751 members directly elected by European citizens every five years. Its three main roles are co-deciding on legislative and budgetary proposals together with the Council of the EU, as well as supervising the EC. The EP operates either in plenary, or through its 20 Standing Committees and some temporary Specialised ones.
- The Council of the EU (‘The Council’): The voice of Member States
The Council is composed of ministers from each Member State, with different configurations according to the policy area under discussion. It has a rotating 6-month presidency and shares legislative and budgetary competences with the EP.
- The European Council: Setting the strategy
The European Council is composed of the EU heads of state, together with its President and the President of the EC, as well as the attendance of the HR/VP. It is a strategic body with no legislative power; its role is to define the general political direction and priorities of the EU, as well as its the foreign policy. It meets in ‘summits’ every four months.
- The Court of Justice of the EU (CJEU): Interpreting EU Law
The CJEU ensures the application of EU Law and of the Treaties. It reviews the legality of the acts of all EU institutions, ensures the legal compliance of Member States, and interprets EU law at the request of national courts. The CJEU consists of two major courts: the European Court of Justice (ECJ), the highest EU court; and the General Court.
- The European Central Bank (ECB): The monetary policy
The ECB is the central bank that administers the monetary policy of the eurozone, i.e., the 19 Member States using the euro. Its owners and shareholders are the central banks of all 27 Member States.
- The European Court of Auditors (ECA): Guarding the finances
The ECA checks EU finances, ensuring that taxpayers’ money is collected and spent appropriately. It has one member from each Member State, appointed for six years. The interactions between the first four EU institutions, which are the most frequently cited in the context of EYP academics, are described in the following diagram:
The EU competences With the EU being a political union, Member States have transferred significant powers and parts of their sovereignty to the EU through its founding treaties. In the setting of EU legislation, competence refers to the jurisdiction to take such legal actions and decisions, clearly fined through the Treaties through the principle of conferral. The Lisbon Treaty (2009) significantly increases EU competences. Defined in Articles 2-6 TFEU, the types of EU competences are as follows:
- Exclusive competence (Article 3 TFEU)
Only the EU has the power to produce legally binding acts and international agreements.
- Shared competence (Article 4 TFEU)
European Commission and Member States both draft and implement policy, with EU legislation taking priority and Member States tailoring it to the specific needs of their national legislation. In the context of employment, economic, and social policy, the EU may specifically direct Member States to coordinate their policies (Article 5 TFEU).
- Supporting competence (Article 6 TFEU)
The EU can only support, coordinate, or supplement the action of Member States and their national legislation. It can also set up relevant programs and share best practices; however, it cannot push Member States to harmonise their national legislations. The policy areas on which the EU can legislate are organised by competences as follows: In any area of legislation not covered by this diagram, Member States have exclusive competence, which means that the EU cannot make any legally binding proposals. Any legislative initiatives by the EU are further framed by the principles of proportionality and subsidiarity. Proportionality requires that EU action achieve the objectives of its Treaties without imposing on national and local authorities; for example, directives and frameworks should be preferred over regulations and binding measures. Likewise, subsidiarity requires that the EU avoid legislating where national or regional action is more effective, only intervening if necessary.
Making a good resolution What are the types of EU legislation? As defined in the Treaties, there are three kinds of EU law:
This is the supreme EU law that legally distributes powers and responsibilities to EU institutions. It is made up of the founding treaties, TFEU (1957) and TEU (1992), as well as their amending and accession treaties, along with the Charter of Fundamental Rights.
This is the most commonly used type of EU law, consisting of communications and agreements between the EU and Member States. It consists primarily of unilateral acts (Articles 288, 289 TFEU) adopted autonomously by EU institutions, with their legality observed by the CJEU. These are outlined in the following table:
Filling the gaps between the first two types of legislation, supplementary law is primarily based on international law involving the EU and its Member States. It also consists of European case law, i.e., the legal precedent established by previous rulings of the CJEU. What institutions can the EYP call upon in its resolutions? In general, EYP resolutions usually call upon EU bodies, such as the EC and its DGs, or other relevant agencies specific to their topic area. When you are searching for the best solutions to your topic, it is important to choose the right actor for a specific action. For example, the EC is a major stakeholder for EU-level legislation, when the topic is an exclusive or shared EU competence; otherwise, Member States are more appropriate for adapting their national legislation. However, there is no strict rule that resolutions must be implemented only through EU institutions and agencies. You may call upon any actor that the EU can influence through European and national legislation, for example Non-Governmental Organisations (NGOs); or through the international presence of Member States, for example international organisations. The most important such stakeholders are the United Nations (UN), active at a global level, and the Council of Europe (CoE); there are several other international organisations with relevance to specific topics. How can EYP suggest building a new EU body? In general, it is not advised to build new EU bodies in your resolutions, since most often there are already-existing EU or international actors that you can call upon or expand for your proposed measure. However, such an idea may be valid in some exceptional situations or very novel topics with little pre-existing EU action, so it is useful to know how to put forward such a proposal. EU agencies are distinct bodies from EU institutions, separate legal entities set up under EU law for specific tasks. Almost always, the new EU body you want to establish will be an EU agency, falling in one of two categories:
- Decentralised agencies help Member States and the EU collaborate on the implementation of EU policies.
- Executive agencies are set up by the EC for specific tasks during a specified time frame.
How can we fund the ideas in our Resolutions? It is important to keep in mind that the ECB is exclusively responsible for monetary policy; in particular, it cannot provide funding for any policy proposals. The relevant bodies to this effect are the European Investment Bank (EIB), at the level of Member States and EU foreign policy, the European Investment Fund (EIF), for Small and Medium-sized Enterprises (SMEs), and various other topic-specific funds and DGs.
