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de facto catalysts of many legislative initiatives 28 the european central bank whose frankfurt headquarters opened in 2015 exercises executive control within its monetary policy powers 29 it was targeted by the blockupy movement for its role in the european debt crisis the commission s president as of 2021 update ursula von der leyen sets the agenda for its work 30 decisions are taken by a simple majority vote 31 often through a written procedure of circulating the proposal and adopting it if there are no objections citation needed in response to ireland s initial rejection of the treaty of lisbon it was agreed to keep the system of one commissioner from each of the member states including the president and the high representative for foreign and security policy currently josep borrell 32 the commissioner president is elected by the european parliament by an absolute majority of its members following the parliamentary elections every five years on the basis of a proposal by the european council the latter must take account of the results of the european elections in which european political parties announce the name of their candidate for this post hence in 2014 juncker the candidate of the european people s party which won the most seats in parliament was proposed and elected the remaining commissioners are appointed by agreement between the president elect and each national government and are then as a block subject to a qualified majority vote of the council to approve and majority approval of the parliament 33 the parliament can only approve or reject the whole commission not individual commissioners but conducts public hearings with each of them prior to its vote which in practice often triggers changes to individual appointments or portfolios tfeu art 248 says the president may reshuffle commissioners though this is uncommon without member state approval a proposal that the commissioners be drawn from the elected parliament was not adopted in the treaty of lisbon though in practice several invariable are relinquishing their seat in order to serve commissioners have various privileges such as being exempt from member state taxes but not eu taxes 34 and having immunity from prosecution for doing official acts 35 commissioners have sometimes been found to have abused their offices particularly since the santer commission was censured by parliament in 1999 and it eventually resigned due to corruption allegations this resulted in one main case commission v edith cresson 36 where the european court of justice held that a commissioner giving her dentist a job for which he was clearly unqualified did in fact not break any law by contrast to the ecj s strictly legalistic approach a committee of independent experts found that a culture had developed where few commissioners had even the slightest sense of responsibility 37 this led to the creation of the european anti fraud office in 2012 it investigated the maltese commissioner for health john dalli who quickly resigned after allegations that he received a 60m bribe in connection with a tobacco products directive citation needed beyond the commission the european central bank has relative executive autonomy in its conduct of monetary policy for the purpose of managing the euro 38 it has a six person board appointed by the european council on the council s recommendation the president of the council and a commissioner can sit in on ecb meetings but do not have voting rights legislature edit main articles european union legislative procedure european parliament council of the european union and european council v t e eu legislative body sources teu arts 9 14 and tfeu art 223 234 decision 2002 772 roquette v council 1980 case 138 79 front national v parliament 2004 c 486 01 p parti écologiste les verts v parliament 1986 case 294 83 teu arts 15 16 and tfeu arts 235 243 tfeu art 288 294 commission v council 1971 case 22 70 tfeu arts 313 319 teu art 20 and tfeu arts 326 334 teu arts 4 and 5 germany v commission 1987 case 281 85 tfeu arts 2 6 and 352 hauptzollamt bremerhaven v massey ferguson 1973 case 8 73 see eu law the parliament is elected each five years aspiring to the principle of equality of its citizens 39 its power is limited compared to the commission and council while the commission has a monopoly on initiating legislation the european parliament and the council of the european union have powers of amendment and veto during the legislative process 40 according to the treaty on european union articles 9 and 10 the eu observes the principle of equality of its citizens and is meant to be founded on representative democracy in practice equality and democracy are still in development because the elected representatives in the parliament cannot initiate legislation against the commission s wishes 41 citizens of smallest countries have greater voting weight in parliament than citizens of the largest countries 42 and qualified majorities or consensus of the council are required to legislate 43 this democratic deficit has encouraged numerous proposals for reform and is usually perceived as a hangover from earlier days of integration led by member states over time the parliament gradually assumed more voice from being an unelected assembly to its first direct elections in 1979 to having increasingly more rights in the legislative process 44 citizens rights are therefore limited compared to the democratic polities within all european member states under teu article 11 citizens and associations have the right to publicise their views and the right to submit an initiative that must be considered by the commission if it has received at least one million signatures tfeu article 227 contains a further right for citizens to petition the parliament on issues which affect them 45 parliament elections take place every five years and votes for members of the european parliament mep in member states must be organised by proportional representation or a single transferable vote 46 there are 750 meps and their numbers are degressively proportional according to member state size 47 this means although the council is meant to be the body representing member states in the parliament citizens of smaller member states have more voice than citizens in larger member states d meps divide as they do in national parliaments along political party lines the conservative european people s party is currently the largest and the party of european socialists leads the opposition parties do not receive public funds from the eu as the court of justice held in parti écologiste les verts v european parliament that this was entirely an issue to be regulated by the member states 48 the parliament s powers include calling inquiries into maladministration or appoint an ombudsman pending any court proceedings 49 it can require the commission respond to questions and by a two thirds majority can censure the whole commission as happened to the santer commission in 1999 50 in some cases the parliament has explicit consultation rights which the commission must genuinely follow 51 however its participation in the legislative process still remains limited because no member can actually or pass legislation without the commission and council meaning power kratia is not in the hands of directly elected representatives of the people demos in the eu it is not yet true that the administration is in the hands of the many and not of the few 52 member states are represented by ministers in the council during the legislative procedures in addition the european council which is the heads of member state governments is meant to guide the eu s general political direction the second main legislative body is the council of the european union which is composed of different ministers of the member states the heads of government of member states also convene a european council a distinct body that the teu article 15 defines as providing the necessary impetus for its development and shall define the general political directions and priorities it meets each six months and its president currently former belgian prime minister charles michel is meant to drive forward its work 53 but it does not itself exercise legislative functions 54 the council does this in effect this is the governments of the member states but there will be a different minister at each meeting depending on the topic discussed e g for environmental issues the member states environment ministers attend and vote for foreign affairs the foreign ministers etc the minister must have the authority to represent and bind the member states in decisions 55 when voting takes place it is weighted inversely to member state size so smaller member states are not dominated by larger member states e in total there are 352 votes but for most acts there must be a qualified majority vote if not consensus teu article 16 4 and tfeu article 238 3 define this to mean at least 55 per cent of the council members not votes representing 65 per cent of the population of the eu currently this means around 74 per cent or 260 of the 352 votes this is critical during the legislative process 56 the strasbourg seat of the european parliament which meps attend alongside the brussels seats has been criticised for its expense the french president has previously refused to let it be shut down 57 to make new legislation tfeu article 294 defines the ordinary legislative procedure that applies for most eu acts 58 the essence is there are three readings starting with a commission proposal where the parliament must vote by a majority of all meps not just those present to block or suggest changes and the council must vote by qualified majority to approve changes but by unanimity to block commission amendment 59 where the different institutions cannot agree at any stage a conciliation committee is convened representing meps ministers and the commission to try to get agreement on a joint text if this works it will be sent back to the parliament and council to approve by absolute and qualified majority this means legislation can be blocked by a majority in parliament a minority in the council and a majority in the commission it is harder to change eu law than for it to stay the same a different procedure exists for budgets 60 for enhanced cooperation among a sub set of at least member states authorisation must be given by the council 61 member state governments should be informed by the commission at the outset before any proposals start the legislative procedure 62 the eu as a whole can only act within its power set out in the treaties teu articles 4 and 5 state that powers remain with the member states unless they have been conferred although there is a debate about the kompetenz kompetenz question who ultimately has the competence to define the eu s competence many member state courts believe they decide other member state parliaments believe they decide while within the eu the court of justice believes it has the final say judiciary edit v t e eu judiciary sources teu art 19 tfeu arts 251 281 tfeu art 281 and statute of the court c 83 210 rules of procedure of the court of justice see eu law main articles court of justice of the european union and european court of auditors the judiciary of the eu has played an important role in the development of eu law it interprets the treaties and has accelerated economic and political integration 63 today the court of justice of the european union cjeu is the main judicial body within which there is a higher court of justice that deals with cases that contain more public importance and a general court that deals with issues of detail but without general importance and then a separate court of auditors under the treaty on european union article 19 2 there is one judge from each member state in the court of justice and general court 27 on each at present 64 judges should possess the qualifications required for appointment to the highest judicial offices or for the general court the ability required for appointment to high judicial office 65 a president is elected by the judges for three years while teu article 19 3 says the court of justice is the ultimate court to interpret questions of eu law in practice most eu law is applied by member state courts e g the german bundesgerichtshof the belgian cour du travail and formerly the english court of appeal 66 member state courts can refer questions to the cjeu for a preliminary ruling the cjeu s duty is to ensure that in the interpretation and application of the treaties the law is observed although realistically it has the ability to expand and develop the law according to the principles it develops consistently with democratic values examples of landmark and frequently controversial judgments include van gend en loos holding eu law to created a new legal order and citizens could sue for treaty rights 67 mangold v helm establishing equality as a general principle of eu law 68 and kadi v commission confirming international law had to conform with basic principles of eu law 69 until 2016 there was the european union civil service tribunal which dealt with eu institutions staff issues the court of justice of the eu in luxembourg the statute of the court and tfeu require judges are appointed only if they have no political occupation with independence beyond doubt 70 they are selected for renewable six year terms by common accord of governments with the advice of seven eu or member state judges that the council and parliament selects 71 the rules of procedure of the court of justice article 11 says the court is usually organised into chambers of 3 or 5 judges each a grand chamber of 15 more senior judges sit on questions of difficulty or importance or those requested by member states 72 the court s president and vice president are elected by other judges for renewable 3 year terms by secret ballot judges can only be dismissed if all other judges and advocates general unanimously agree advocates general are appointed by the court to give reasoned submissions on cases especially involving new points of law unlike judges on the court they write opinions as themselves rather than collectively and often with a command of prose and reason and while not binding are often followed in practice 73 in addition each judge has secretaries or referendaires who research and write unlike the uk where judges always write their own opinions referendaires often assist drafting the judgments in the court of justice the court s translation directorate will translate every final judgment into the 24 official languages of the european union the three main kinds of judgments the court of justice gives following 1 preliminary rulings requested by the courts of member states 74 2 enforcement actions brought by the commission or member states against the eu a member state or any other party that is alleged to violate eu law 75 and 3 other direct actions whe...
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