Council of Europe:
In 1949, the Treaty of London created the Council of Europe.
ECHR:
The European Convention on Human Rights was signed in 1950 and came into force in 1953. It is signed by 47 European states, of which it is binding under international law.
European Economic Community:
Formed in 1953 under the Treaty of Rome, the EEC aimed to bring economic integration and stability to member states. Its name changed to the European Community (EC) upon incorporation into the EU in 1993. In 2009, its functions were absorbed into the EU.
European Union:
The EU was formed in 1993 to promote ‘peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter’. [1]
European Council:
The council began as an informal forum for leadership of all member states. They discuss the direction of the EU, complex or sensitive issues, foreign and security policy and suggest candidates for other EU roles.
They define the EU’s ‘general political directions and priorities’. [3]
They also have an executive role, though individual member states retain a right to veto because they do not consent to what is being agreed upon. The Council holds no formal power to pass law or make binding decisions, but often helps prevent political power blockages through negotiation. [2]
The Commission:
This is the bureaucracy of the EU; they deal with the day-to-day running of the EU and offer guidance and leadership. They are the main executive power.
The Commission have a monopoly on proposing and implementing legislation. They are also responsible for ensuring that member states comply with the law; if member states do not, the Commission can launch formal infringement proceedings against them.
‘the Community [now Union] is only able to exist as a Community of law. It has no weapons’ or armies, it is held together by the authority of law’. [4]
A supranational institution as it is independent of national governments. It is ‘the only organisation that is paid to think European’. [5]
Council of the EU:
The Council of Ministers (or simply ‘The Council’) for the EU. The presidency rotates between member states every 6 months and there is no common membership.
‘a unique blend of the intergovernmental and the supranational’. [6]
They hold meetings to discuss subject-specific issues on policy, budgets and legislation, so it has both executive and legislative functions.
Qualified majority voting is used for most decisions. On sensitive issues, council decisions must be unanimous, so member states retain their right to veto and national sovereignty.
European Parliament:
750 Members of the European Parliament have been directly elected since 1979.
There is no uniform electoral system. MEP’s are elected based on the member state’s national election system. Once elected, they will then be grouped in similar political parties in the European Parliament. Voter turnout is generally quite low compared with averages for national elections.
The Parliament is a co-legislator, along with the Council.
References:
[1] Treaty on European Union Art 3 [2] Andrew Le Sueur, Maurice Sunkin, and Jo Eric Khushal Murkens, Public Law: Text, Cases, and Materials (4th edn, Oxford University Press 2019) 770 [3] Treaty on European Union Art 15 [4] U. Everling, ‘The Maastricht judgment of the Federal Constitutional Court and its significance for the development of the European Union’ (1994) 14 Yearbook of European Law 1, 18
[5] Interview with European Commission Secretary-General Catherine Day, EurActiv (25 September 2006) [6] F Hayer-Renshaw, ‘The Council of Ministers’ in D Hodson and J Peterson (eds) The Institutions of the European Union (Oxford University Press 2017, 4th edn) 104-105
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