Eu law

EU LAW Student’s Name Course Professor’s Name University City (State) Date Question 1 Critical assessment of the structure of powers within the European Union (EU) institutions and the compatibility with the traditional constitutional model of separation of powers is only possible if the roles and interactions of the European Union’s leading institutions, the European Council, the European Commission, the European Parliament and the Court of Justice of the European Union (CJEU) are analyzed. In contrast to the paradigmatic tripartite scheme of government on the national level, legislature, executive, and judiciary, these institutions exist in distinctive and yet intertwined ways. Regarding their interests, the European Council and the Council of the European Union are part of the EU executive arm, yet both have legislative functions. As the institution with overall decision-making over the EU’s policy agenda and priorities, the European Council consists of the heads of state or government of the EU member states but without legislative tasks. The European Parliament and the Council (also called the Council) are responsible for the legislative process. In addition to coordinating policies concerning member states, the Council increasingly acts as an executive-type body, particularly in economic policy and foreign affairs. As per Cotter (2022, p.2), these roles are defined in the Treaties of the European Union, in particular, the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) and Articles 15 and 16 of the TEU specify the functions and powers of the European Council and the Council respectively. The European Commission is the EU’s executive body, defending the Union’s interests unbiasedly regardless of what member states may think. These are its three prominent roles: to propose legislation, to decide what to do and implement any decision reached, to ensure that the EU treaties are respected, and above all, to provide for the day-to-day running of the EU. According to Article 17 of the TEU or numerous other Articles of the TFEU, the Commission has the power to do these things. The guardian of the treaties, the Commission fulfills three essential roles: it enforces EU laws (including taking member states or other institutions to the CJEU for noncompliance), manages EU policies, and negotiates international agreements (European Union, 2023, p.1). It more closely corresponds with national government executive functions, including substantial regulatory and quasi-legislator power, particularly in competition law and trade. Directly elected by EU citizens, the European Parliament represents their interests as the European Parliament, which gives the Union’s legislative fabric. Article 14 of the TEU and various provisions of the TFEU share legislative powers with the Council and are, therefore, crucial in passing EU laws and budgets (Giappichelli, 2023, p.1). They also exercise democratic supervision over other institutions, like the Commission, by making the Commission answer questions and deciding (or against) the appointment of a Commissioner. Like other functions associated with the scrutiny of a legislative body, this role reflects powers similar to those of some national parliaments but with enhanced powers. Judicial oversight to ensure uniform application and interpretation of EU law, and in the interest of ‘the rule of law,’ is the principle of the Court of Justice of the European Union. The powers and procedures of the CJEU are set out in Article 19 of the TEU and in Articles 251–281 of TFEU (European Parliament, 2023, p.1). It decides disputes between member states, institutions, businesses, and individuals. In contrast to judicial review in many National systems, the CJEU also acts proactively concerning its rulings, influencing EU policy and shaping the interpretation and development of EU law. As such, the institutional structure of the EU needs to fit into the traditional model in which each branch of government works independently on its own clearly defined terrain. The EU, however, shows a much more complex system, with overlaid functions and considerable interdependence among the institutions. According to Humphreys, and Wells-Greco (2021, p.44), this structure can be more appropriately characterized as a ‘separation of interests.’ Unlike a traditional separation of powers, organically, the EU structure separates functions amongst its institutions so that it is divided by separation of interests. The members of each body, Council, Commission, Parliament, and Court of Justice, are composed of different stake...