The different functions and responsibilities of each of the institutions
The different functions and responsibilities of each of the institutions
The different functions and responsibilities of each of the institutions makes it is almost impossible to single out the most powerful. Power, meaning by definition authority and control. The Commission "the guardian of treaties", The European Parliament "the voice of democracy", The Court of Justice, in theory, "the servant of community law", and The Council "the decision maker", all play a vital role in the performance of the European Community . None of the institutions works in isolation, but combine together to achieve the aims and objectives of the Community. Their level of power is determined not only by the role of the institutions themselves but also the decision making process. Therefore in order to evaluate the levels of power it is necessary to examine each of the five main institutions and then to briefly establish their capacities within each decision making process.
Described as being "a hydra-headed conglomerate of a dozen or more functional councils" (Pinder p25), The Council Of Ministers comprises 40 different councils of national civil servants. Backed by a governmental department, most ministers realise that they have a responsibility to try to reach agreements that will be of some benefit to the Community as a whole, although the national governments are able to exert an influence over Community legislation. A Committee of Permanent Representatives (COREPER) which is charged with the background work and The Council Of Ministers is in permanent session. The Council meets in Brussels and Luxembourg, however the presidency which is described as a country's opportunity to "show it's commitment to Europe" (Noel p24) rotates every six months and during this time meetings are held in whichever country holds presidency.
Combining legislative, executive and diplomatic roles, it's function is fundamentally to examine Commission proposals, ensuring that there is a common understanding and then establish whether the proposal can be accepted. It is The Council Of Ministers' job to try to co-ordinate the policies of the Member States in areas where the Community's method is still co-operation and not integration, for example areas such as macroeconomic policy and foreign policy. Despite being the main decision making body it can only deal with proposals coming from the Commission, may only amend them by unanimity and has no power of legislation without the Commission's approval. Decisions are taken by the ministers and, once a decision is adopted, recommendations are usually put to the Member States although they do not carry legal force. However, the less important decisions may be adopted without debate, as long as the permanent representatives and commission representatives are unanimous.
Also assisted by COREPER and a General Secretariat and consisting of heads of state or government, the president of the EEC Commission, foreign affairs ministers and members of the Commission. The European Council is an extension of the Council Of Ministers to the levels of heads of government or state. Although there was no provision for a European Council in the Treaty Of Rome, it was agreed in 1974 to establish one, the first meeting being in Dublin, 1st March 1975. Since then it is the only institution to have gained full competence in the Single European Act, ...
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Also assisted by COREPER and a General Secretariat and consisting of heads of state or government, the president of the EEC Commission, foreign affairs ministers and members of the Commission. The European Council is an extension of the Council Of Ministers to the levels of heads of government or state. Although there was no provision for a European Council in the Treaty Of Rome, it was agreed in 1974 to establish one, the first meeting being in Dublin, 1st March 1975. Since then it is the only institution to have gained full competence in the Single European Act, giving legal recognition to it's existence. In 1986 it was also agreed in 1986 to restrict meetings to twice a year (having previously been three times a year), with a view to limiting the intervention of The European Council in the general running of the Community.
Linked with the growing authority of the heads of state or government in most member states, the importance of the European Council is steadily increasing. Despite having no legislative powers the European Council is vital in resolving log-jams, pushing the Community forwards and it sets an agenda for Community objectives. The decisions made have significant implications on the Community and although the methods for laying the guidelines lead to difficulties regarding the implementation, they are decidedly effective.
The Commission, incorporates one commissioner from each of the smaller member states plus two from France, Germany, Italy and the U.K. Seventeen commissioners and their "cabinet's" of either four or five people are responsible for their individual specialised areas. The Commission is headed by a president (Jacques Delors) and six vice presidents, all nominated by the member states and serving a period of office of 4 years ( 5 years as from 1995, to bring it in line with The European Parliament). Although commissioners are usually former ministers or high officials of the member states they are bound by oath not to take instructions from governments, but from the Treaty Of Rome, giving priority to Community interests.
The so called "Guardian of Treaties", it is the sole initiator of legislation and ensures the implementation of it's proposals. It plays an essential role in the process of community legislation and has been described as "the motor of the community, pulling the council along behind it" (Pinder p22). With a function to execute policies decided under community law, represent the Community in negotiations (for example international trade), bring infringements to the attention of those responsible, and if necessary take them to court, it works in tandem with the Council to provide a motive power for the Community.
The five hundred and eighteen members of The European Parliament (MEP's), selected by the citizens of Europe, hold a 5 year period of office. They are supported by about 2500 staff as well as organisations including The Economic and Social Committee (ECOSOC) and various consumer groups. The MEP's meet eleven times a year in Strasbourg as a whole parliament but meetings are held throughout the year in Brussels by the eighteen committees within the Parliament.
The predominant role is one of consultation although significant powers exist regarding assent to the entry of new member states into the Community. However, influence regarding the adoption of a budgetary policy is questionable. Admittedly there is a right to adopt or reject the budget as a whole, but in the case of rejection the Community turns to a system of twelfths. Given inflation this results in a cut in real expenditure, which is not in line with the European Parliaments wishes. At the present time it has no powers of legislation, although there is an opportunity to amend legislation but The Council Of Ministers does have the final say. A surprising power is the right (by a two thirds majority) to dismiss the Commission. If this were to happen, the Commission would nevertheless remain until a new one was appointed by unanimous vote among the Council. However, as the Commission is regarded as an ally this power of dismissal has never been exercised.
The Court Of Justice is based in Luxembourg and holds a 6 year period of office. It consists of thirteen nominated judges "The judges have to be chosen from persons whose independence is beyond doubt" (Article 167 EC). One judge is nominated from each member state as well as an additional one to avoid tied judgements. The president who is selected by the judges themselves is assisted by six Advocates General who analyse arguments and give opinions despite the fact that their opinion is not binding.
Supported by The Court Of First Instance it's role is to, "ensure that in the interpretation and application of this Treaty the law is observed" (Pinder p31). The Court Of Justice is to uphold justice and community law. Considered, in theory, to be "the most powerful" as it has the final say, there is actually very little input either in the process of initiating or implementing proposals.
The decision making processes have great effect on each institution's varied levels of power. The Consultation Procedure involves a proposal which once adopted is sent to The European Parliament who must then issue an opinion. The Council has the responsibility of making a final decision, but there is no obligation to consider the opinion of The European Parliament. This was seen as undemocratic because of the Parliament's lack of influence and timely because of the fact that time limits didn't exist. The Co-operation Procedure was introduced in 1987 under the Single European Act but only applies to the internal market. Therefore other areas of legislation still require proposals to go through The Consultation Procedure.
The Co-operation Procedure involves The Commission taking a view on The European Parliament's opinion. After this The Council adopts a 'common position' whereby every one agrees by qualified majority. It is then The Parliament's responsibility to either approve or take no action in which case The Council either adopts the act, rejects it by an absolute majority, although The Council may still adopt the proposal within three months, or amend by absolute majority. If this takes place, within one month The Commission must review the parliament's amendments within one month and then may revise them. Finally The Council is given the option of either adopting or amending Commission proposals, adopting the amendments that the Commission would not accept or fail to act.
Under The Maastricht Treaty there exists The Conciliation Procedure, which although not in action yet would have a more extensive range of areas to cover. Comparable to The Co-operation Procedure, except The European Parliament has the option of approving, taking no action, proposing amendments or rejecting the proposal. In the event of a rejection The European Parliament is obliged to inform The Council of it's intentions. The Council then has three months to act on the amendments, in which time it may adopt all aims, adopt the amendments proposed by The European Parliament by unanimity or fail to act. This procedure gives The European Parliament a significant role if The Council fails to act. If new legislation is not created within six weeks The Council readopts a common position. However, if it is rejected by absolute majority voting within The European Parliament the proposal lapses.
By means of a process of elimination "the most powerful institutions" may be narrowed down. The Court Of Justice despite having the final say, therefore having authority over all of the other institutions does not enter the process of establishing policies, consequently demonstrating that it's role is to survey the implementation and only intervene to ensure that the community law is observed. The European Parliament has a consultative role and despite increasing importance, it's decisions can be overruled too simply by The Council and The Commission. Both vital to the Community and both having considerable amounts of power. The competition is between The Council and The Commission. Despite The Councils power to make decisions, all proposals originate from The Commission and may only be altered by unanimity, whereas The Commission creates proposals and ensures that they are implemented.
In conclusion, an understanding that the institutions work in unison instead of isolation to gain full-effect is imperative. However, if the definition of power is taken to be control and authority, then it is neither The Council Of Ministers nor the European Council which is the most powerful of the five main institutions, but by having the monopoly of the power to propose as well as to implement it is undoubtedly The Commission.
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