University:
The University of Law
Course:
M110 | LLB (Hons) Law
Academic year:

2024
Views:

272

Pages:

2
Author:

S. Sikora

Eu la wnotes for llb course law The European Council; 15(2) 18(1) 18(2) TEU This consists of the Heads of State or Government of each MS, together with the president of the European Council and the President of the Commission (Article 15(2)). It meets four times a year and provides the EU with overall strategic direction. The European Council has no legislative powers. DO NOT CONFUSE WITH Council of the European Union, EC (European Council) makes general policy decisions, whereas the Council of the European Union fulfils a legislative function. The EC has the power to appoint the High Representative of the Union for Foreign Affairs and Security Policy (Article 18(1)) who is responsible for the EU’s common foreign and security policy and the common security and defence policy (Article 18(2)). The Council of the European Union; 16(1) 16(2) 16(3) 16(4) TEU The Council together with the European parliament is the main decision-making body of the EU. Article 16(1) TEU summarises the functions and powers of the Council. The Council shall ‘carry out policy-making and coordinating functions’ and (jointly with the EP), exercise legislative and budgetary functions. The Council and EP are co-legislators. Article 16(2) TEU stipulates that the Council consists of a ministerial representative from each MS, who has the power to commit the government of their MS and cast its vote, the Minister is there to represent the interest of the MS. Most matters are voted on a majority basis, meaning a qualified majority is required to pass a motion (Article 16(3)). A qualified majority requires at least 55% of the members of the council, i.e. 16 out of 27 members, representing at least 65% of the EU’s population (Article 16(4)). Some sensitive matters as required by the Treaties, need motions to be passed unanimously (foreign policy and taxation) (The Council previously operated on a system of weighted voting.) The European Commission; 17(1) 17(2) 17(3) 17(6) TEU The European Commission is the EU’s executive body. It is the sole EU institution with the ability to propose new laws (which are then voted upon by the European Parliament and the Council of the EU.) (Article 17(2)).