EUintegrationknowledges Academic Year 20122013 Autumn Semester Prepared by

EU-integration-knowledges Academic Year 2012/2013 Autumn Semester Prepared by Dr. Endre Domonkos (Ph. D)

I. Institutional framework of the EU prior to the Lisbon Treaty The European Union: unique international structure Intergovernmental and supranational features Four main institutions: 1. The European Commission; 2. The Council of the European Union; 3. The European Parliament; 4. The Court of Justice

II. Institutional framework under the Lisbon Treaty The Treaty of Lisbon: significant amendments in the composition and operation of the EU institutions. The European Council and the European Central Bank became institutions. The creation of two top positions. The European Council is headed by a permanent president and the position of the High Representative of the Union for Foreign Affairs and Security Policy was created.

III. The European Commission under the Lisbon Treaty I. Drafting of the Constitutional Treaty and the Lisbon Treaty the core element was to define the composition of the Commission and the numbers of Commissioners. The Treaty of Amsterdam: it didn’t solve these issues. The Treaty of Nice: „one Member State – one Commissioner” principle. The Treaty of Nice: it failed to satisfactorily and clearly settle the issue related to the number of Commissioners.

III. The European Commission under the Lisbon Treaty II. The exact definition of the composition of the European Commission became a crucial question during the reform Treaty process. Introduction of a rotation system from 2014. The rotation system is based on the principle of equality. The system shall be determined by the European Council, acting unanimously on the basis of two different principles. The two principles are the followings:

IV. The role and competence of the Commission More emphasis on the Commission’s responsibilities towards the EP. When proposing the candidate for the President of the Commission, the European Council shall take into account the results of the elections of the EP. Closer link between the Commission and the EP. The EP „elects” the proposed President of the Commission. Election of the President of the Commission: absolute majority.

V. The High Representative of the Union for Foreign Affairs and Security Policy: dual role S/he presides over the Foreign Affairs Council + s/he is also one of the Vice-President of the Commission. Participation in the work of European Council. Appointment of the High Representative: European Council (qualified majority) + agreement of the President of the Commission. European External Action Service:

VI. The Council under the Lisbon Treaty I. Clarification of the competences of the Council of the European Union. Legislative and budgetary authority of the Union together with the European Parliament. Policy-making and coordinating tasks. Council meetings related to legislation are public.

VII. The Council’s configurations Redefinition of Council’s configurations. Separation of the General Affairs and External Relations Council into two: the General Affairs Council and Foreign Affairs Council. Ten Council configuration under the Lisbon Treaty. Foreign Affairs Council: presided by the High Representative of the Union for Foreign Affairs and Security Policy. Public meetings when the Council deliberates and votes on draft legislative acts.

VIII. The Presidency of the Council: European Council (qualified majority). The rotation system is based on equality. Declaration No. 9, which was attached to the Lisbon Treaty. The application of the system , which has already been applied as of 1 January 2007. Pre-established groups of three Member States for a period of 18 months.

IX. Voting system in the Council I. Extension of the votes of qualified majority voting within the Council of the European Union. Unanimity is an exception. Definition of qualified majority voting: central issue during the reform Treaty process. Introduction of „double majority” voting (55% of the Member States + 65% of the Union’s population).

IX. Voting system in the Council II. Blocking minority: 35% of population threshold. Poland wanted to re-negotiate the new voting system. A compromise was achieved under the German Presidency on 2122 June 2007. The double majority voting system will be introduced from 1 November 2014. The significance of double majority voting: the weighting ot the votes will be abolished.

X. The European Council under the Lisbon Treaty Clarification of the European Council’s institutional role. Institutional status was given to the European Council by the Treaty of Lisbon. The European Council: it cannot exercise legislative functions. It defines the general political directions and priorities of the EU. It can also decide on certain semi-constitutional matters.

XI. The composition and procedures of the European Council The European Council: Heads of State or Government of the Member States + its President and the President of the Commission. Participation in the work of the European Council by the High Representative. The European Council meets at least twice every six months. The „Summits” are prepared by the General Affairs Council. The European Council meets in Brussels.

XII. The President of the European Council: new top position. The President is elected by the European Council by qualified majority for a term of two and a half years, which is renewable once. S/he cannot be at the same time a head of state or government of a Member State. The main tasks of the President of the European Council:

XIV. The European Parliament under the Lisbon Treaty The Treaty of Lisbon: European Parliament as a co-legislator. Definition of the parliamentary competences of the EP. Ordinary legislative procedure became the general rule. Extension of the application of ordinary legislative procedure. The EP becomes an inevitable player in nearly all legislative areas.

XV. Composition of the European Parliament Modification of the number of seats in the European Parliament. The number of MEPs shall not exceed 750 plus the President. Max. 751 Members of the EP. The exact distribution of seats shall be decided by the European Council (unanimously). Principle of degressive proportionality.

XVI. The Court of Justice under the Lisbon Treaty I. The Treaty of Lisbon: it renamed the European Court of Justice to the Court of Justice of the European Union. Expansion of jurisdiction in the area of police and judicial cooperation in criminal matters + to a smaller extent, in the area of foreign and security policy. In the field of Common Foreign and Security Policy the Court hasn’t got jurisdiction. To review the decisions brought by the European Council in areas other than foreign and security policy.

XVI. The Court of Justice under the Lisbon Treaty II. The Statute of the Court of Justice can be modified by the ordinary legislative procedure. The Court of Justice of the European Union: 1. Court of Justice ; 2. General Court; 3. Specialised courts; New procedure was introduced with regard to the appointment of Judges and Advocates-General.

XVII. The European Central Bank under the Lisbon Treaty The European Central Bank became an institution of the Union. Modification in the appointment of the Executive Board. The Members of the Executive Board are now appointed by qualified majority of the European Council. The provisions of the Statute of the ECB can be modified by the ordinary legislative procedure. The ECB’s primary objective is to maintain price stability by including price stability in the catalogue of the Union’s values.

Literature - Zoltán Horváth (2011): Handbook on the European Union, Hvgorac, Fourth Edition, Chapter 2, Hvgorac, 81 -149. - Zoltán Horváth – Bálint Ódor (2010): The Union after Lisbon. The Treaty reform of the EU, Chapter 5, Hvgorac, pp. 135 -172.