Institutions, Decision-Making Procedures and Competence
Institutions and competence
This domain tests the institutional architecture, the principle of conferral and how EU legislation is adopted. Article 13 TEU lists the institutions: European Parliament, European Council, Council, Commission, Court of Justice, European Central Bank and Court of Auditors. Each acts within the limits of the powers conferred by the Treaties.
Core rules
- Competence: Art 5 TEU requires conferral, subsidiarity and proportionality. Arts 2-6 TFEU distinguish exclusive, shared and supporting or coordinating competences.
- Ordinary legislative procedure under Art 294 TFEU: Commission proposal, Parliament and Council readings, possible conciliation, qualified majority in Council.
- Special legislative procedures: consultation or consent, with unanimity where the Treaty requires it.
- Delegated acts under Art 290 supplement or amend non-essential elements; implementing acts under Art 291 ensure uniform implementation.
- Institutional balance and sincere cooperation under Art 13(2) TEU and Art 4(3) TEU.
Worked example
The Commission proposes a directive harmonising product labelling under Art 114 TFEU. The Council wants to add a criminal sanction. That requires a different legal basis and procedure, because criminal law is not a general internal-market competence. The correct legal basis depends on the objective aim and content of the measure, not on the institution's preference.
Traps
The European Council is not a legislator. The Parliament does not have a general right of legislative initiative; the Commission does, subject to exceptions. Do not call the ordinary procedure co-decision as if that were the current Treaty name. Qualified majority voting is not unanimity, and consultation does not give the Parliament a veto.