Eu law Lectures History of the eu

EUropean Council

This institution is tasked with setting up political guidance, at setting certain impulses for EU to go forward. HOG or HOS(not regulated at EU Level but decided at domestic level. Eg Germany – Chancellor is HOG and pres is HOS but Chancellor is responsible. EG France PM HOG pres HOS, pres goes. Belgium, Netherland - Monarchy but royal family has no competences. Your going or not going depends on your competences) of EUropean Member + Chairman of EUropean Council + Vice President of the EC For Foreign Affairs and Security Policy (issues on security issues) ( Ex-Facto) + President of EUropean Commission

President of The EUropean Council – selected by the Member States.

Eg – In Poland constitution says highest representative is president, but it also said a PM is responsible for Foreign Policy which lead to conflict. Both these explanations were mutually exclusive and fight increased due to ambiguity within constitution. How to decide who has more competences, both HOG and HOS can represent the state and whatever they say as the representative is the binding word of the State. Legally binding position of the State. Whatever they say publicly within their official task is a binding and legal declaration of the State. That could invoke a constitutional responsibility and accountability in that given state for misuse of power for going outside. The binding nature of their declaration, it can lead to a huge political scandal. A HOG and HOS depend on domestic legal setup. We cant expect EUropean Council to engage in day to day running of the EUropean Union. Ec meets twice a year. Sometimes when the situation weren’t like this which provided bailouts we had more meetings at the end. The polish conflict got put aside, constitutional court said PM should go, it ended cause foreign minister backed won, president caused placated. Finally, the President was over there with foreign minister , they hated each other. Then cons court said PM goes. It did not involve change of law. It can rise again if PM and president both are from diff political ideologies.

EC are not engaged in day to day running of the Union and meet only twice a year. Lisbon changed the reforms and said EC is not a legislative. Conclusions are being published after each EC summit. Presidency conclusions or just conclusion ; they are not alw, they change after each summit. They should be seen as a political declaration rather than a legal binding obligation.

EG Case – A person tried to derive the rights from those conclusions. It include what kind of discussions are taken place. Might include a predicted course of action EU should take – bailouts, immigration crises, Corona etc. Whatever EU should do, those actions are prescribed in conclusions. Some people derive rights directly from those conclusions. Court said no rights can be derived from these conclusions. EC is not the legislative body they are not act of alw, they are binding as they are political declaration and are guidelines for other insitutions, for them to become binding they would have to be transposed they have to translated into hard law regulation, directives etc. They are binding to EUropean Institutions in a political sense and not legal sense. There is no majority, no fixed way of making decisions, no 2/3^rd no halfs , there is a rule that EC is acting in a consensual manner- they all have to strike some kind of deal depending on the case. There is no way for a country to be outvoted to be muted in a voting and what EU does is against the Country. Every single decision must be taken in a consensual manner, no voting no majority. Action been taken only when everyone is happy.

Exception : Art 2 of TEU : contains principles of the EU – general and vague describe a certain ideal version of a democratic state – certain standard of western democracy – the provision paint a standard for gov – this article has 2 roles : it has entry conditions to join the EU and every candidate must respect these values in order to join the EU which involves parliament and a unanimous decision. Formulates a catalogue of principles

Art 7 ( Nuclear Option) – Competence of EC comes into play – MS are violating those principles, those violations are serious enough than this article kick in – Country cannot be kicked out against their own will – the closest sanction e have – serious breach of art 2 by a member. MS can be limited in their rights stemming from the EU. MS can be suspended in certain rights of the EU- it can be cut off from the internal market , various support programs. It does not elaborate on what kind of rights can be suspended- financial consequences. EC plays a role here – hard competences – EC – this member have to vote unanimously that is being accused of infringement. Since this a highly possible charge and hence should be taken seriously. The President of the Council has been introduced to these treaties. What kind of position are we designing during the prepratory works during the Treaty of Lisbon. A more Federal EU, - a failed initiative of the Constitution – the President should be President of EU – People said he should have more competences but no one suggested what – HOG and HOS were in the same council – We couldn’t give the competences to the President ; in such a manner that somehow he is superior over those HOS which was something politically hard to achieve for MS. The President of EC doesn’t have any hard competences of executive nature . It provides organizational guidance – organize summit , propose agendas, propose initiatives that can be accepted by the EC - he mostly organizes and coordinates the workings of the EC but has no power to make executive action by themselves. It is political position but This capability of being politically successful this political capability depends on person to person and their negotiating strategies this hinges on not on the competences but on the capabilities of the person so that is the EC. We have an institution that does provides and fits into this traditional division of powers stemming from the legal structure. These general directions must translate into general concrete action. Can’t be created by ECouncil acting alone or it cant by ECommission acting alone or by council of EU alone but they can do it with parliament acting jointly. Default procedure for every law making in the EU – simple procedure by default – Art 251 of legislative procedure copy – unless stated otherwise

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