EU Institutional Framework and Decision-Making
What the exam tests
The institutional framework domain checks whether you can place an issue in the right EU body and procedure, not merely name institutions. The seven institutions in Article 13 TEU are the European Parliament, European Council, Council, Commission, Court of Justice, ECB and Court of Auditors. Know their composition, legal powers and limits.
Core rules
- The Commission has the near-monopoly of legislative initiative for ordinary legislation, manages programmes and enforces EU law. The College is led by a President; commissioners are not national delegates.
- The European Parliament and Council are co-legislators under the ordinary legislative procedure (Article 294 TFEU). The EP has 720 members after the 2024 elections, organised in political groups, not national blocs. The procedure normally involves up to two readings and conciliation; special procedures include consultation and consent.
- The Council consists of ministers by configuration, works through COREPER and votes by qualified majority unless the Treaty requires unanimity. The European Council sets political direction by consensus and does not legislate.
- Delegated acts (Article 290) supplement or amend non-essential elements; implementing acts (Article 291) ensure uniform implementation. Comitology rules differ.
Worked example
A draft regulation on packaging waste is proposed by the Commission under Article 192 TFEU. Parliament adopts a first-reading position; Council adopts its position. If they disagree, a conciliation committee is convened. Suppose Council wants stricter recycling targets but lacks unanimity. The correct question is whether the legal basis requires unanimity; environmental policy generally uses qualified majority, so Council can act by QMV. The act is adopted jointly, signed and published in the Official Journal, entering into force on the date stated or on the twentieth day after publication if no date is fixed.
Traps
Do not treat the European Council as a chamber of the legislature. Do not confuse the Council of the EU with the Council of Europe. Do not say the Commission passes laws. Do not assume every Council vote is unanimous. Check whether the Treaty article prescribes consultation, consent or the ordinary procedure.