- “The public decides which politicians they wish to vote for at each election, judge the performance of the successful politicians while in government and then decide at the next election if they wish to reflect the same person”.
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Commission Powers - Art 17(1) TEU
Lengthy list of commission tasks
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Commission Powers - Art 17(2) TEU
only commission proposed EU legislation can possibly pass
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Composition of European Parliament
• The treaty of Lisbon raised the number of members to 751 MEPs. The seats are allocated on a policy of degressive proportionality (that is giving small member states more weight, relative to their population, than the larger states)
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Composition of European Parliament - Art 14(3) TEU
the EP is elected for five years, and voting takes place on a proportional representation system. You cannot be an MEP and hold other posts in an EU institution. Member states, subject to some EU laws, can determine who is allowed to vote.
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Article 14(1) TEU list two main categories of powers for the EP:
1. Legislative and Budgetary Functions 2. Political control and consultation
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Composition of the Council
- Consists of national ministers representing their member states government, who can cast a vote on its behalf. Therefore the governments decide who their representative is - membership is dependent on what is being discussed - 8 different configs.
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Council Powers and Authority
- Article 16(1) TEU points out the two main categories of powers “legislative and budgetary functions” which it exercise with the EP and “policy making and coordinating functions”.
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European Council Composition
Decided by MS with a president (2.5 year term)
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The Charter of Fundamental Rights - Arts 1-5
1. Dignity (Arts 1-5) – rights which are essential for the enjoyment of any other right, the right to human dignity, life, integrity of person.
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The Charter of Fundamental Rights - Arts 6-19
2. Freedom (Arts 6-19) – some traditional civil and political rights, such as the right to liberty, private life, freedom of expression, property.
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The Charter of Fundamental Rights - Arts 20-26
3. Equality (Art 20-26) – traditional equality rights such as no discrimination based on sex, race, religion, sexual orientation).
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The Charter of Fundamental Rights - Arts 27-38
4. Solidarity (Art 27-38) – the right to collective bargaining, right ti strike, protection against unfair dismissal, fair working conditions and for family.
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The Charter of Fundamental Rights - Arts 39-46
5. Citizens’ Rights (Art 39-46) – rights to vote, stand in elections, rights to move and reside freely
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The Charter of Fundamental Rights - Arts 47-50
6. Justice (Art 47-50) – right to effective remedy and a fair trial, the presumption of innocence, right of defence, proportionality of criminal offences and punishment.
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Article 51(2) The Charter of Fundamental Rights
the charter does not extend the field of application of EU law beyond the powers of the union or stablish any new power or task for the union, or modify powers and tasks as defined in the treaties”. - Few FR's are absolute
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Article 52(5) The Charter of Fundamental Rights
Article 52(5) introduces a distinction between rights and principles the latter are judicially recognizable only in the interpretation of legislative and executive acts and in the assessment of their validity.
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Articles 52(6) & (7) The Charter of Fundamental Rights
Article 52(6) restates that full account must be taken of national law, whilst (7) instructs the courts to have due regard to the charter explanations when interpreting the Charter.
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Article 53 The Charter of Fundamental Rights
Article 53 provides that nothing therein can be interpreted as restricting or adversely affecting human rights
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Protocol No 30 The Charter of Fundamental Rights
clarification rather than a derogation. It states the charter does not extend the ability of the ECJ, and that Title IV (Solidarity) does not create justiciable rights except insofar Poland and the UK have already provided for in national law.
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Other cards in this set
Card 2
Front
Commission Powers - Art 17(1) TEU
Back
Lengthy list of commission tasks
Card 3
Front
Commission Powers - Art 17(2) TEU
Back
Card 4
Front
Composition of European Parliament
Back
Card 5
Front
Composition of European Parliament - Art 14(3) TEU
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