THE CHANGING BALANCE OF POWER BETWEEN THE INSTITUTIONS

 

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Year

 

Treaty/Agreement

 

Council

 

 

Commission

 

European Parliament

 

European Council

 

1951

 

Treaty of Paris (ECSC)

 

High Authority is predominant institution

 

(Special Council of Ministers)

·     Coordinates the work of the member states

·     Consulted by the High Authority

·     Adds to and endorses the High Authority’s decisions

 

(High Authority)

·   Strong, almost autonomous, powers of decision

·   Consults the Special Council of Ministers and the Common Assembly

 

 

(Common Assembly)

·     Consulted by the High Authority

·   Right to dismiss High Authority as a body

 

 

1957

and

1965

 

Treaties of Rome (EEC and Euratom)

Merger Treaty

 

Bicephalous executive - partnership between the Council and Commission

 

 

·   Decides on basis of Commission proposal

·   Limited powers to amend Commission proposal (by unanimity)

·   Representatives of Commission invited to attend Council meetings

 

 

·   Sole right of initiative

 

·   Advisory and supervisory powers vis-à-vis the Commission

·   Advisory powers vis-à-vis the Council

 

 

1970

and

1975

 

Budgetary treaties

 

Council and EP become joint budgetary authority in certain areas

 

·   Shares certain budgetary powers with the European Parliament

 

 

·  Power to reject the budget as a whole

·  Power to amend the budget within certain fixed limits

·  Power to accept or reject the annual accounts

 

 

 

1974

 

Decision of Paris Summit

 

European Council becomes most senior EC forum

 

 

·   Prepares and ensures follow-up of decisions taken by European Council

 

·   President is ex officio member of European Council

 

 

·  Established

·  Required to ‘ensure progress and overall consistency’ in the EC

 

 

1980

 

Isoglucose judgement

 

Reinforcement of EP’s powers under consultation procedure

 

 

·   Obliged to wait for EP’s opinion before taking action

 

 

·   Granted de facto delaying power over the Council

 

 

1986

 

Single European Act (SEA)

 

EP gains legislative powers under cooperation procedure

 

Council predominant in EPC

 

 

·   Can over-ride decision of the EP if contrary to that of Council at end of cooperation procedure

 

 

·   Decides in cooperation with the Council in certain areas

·   Gains new powers under assent procedure

 

 

1992

 

Treaty of Maastricht – Treaty on European Union (TEU)

 

EP gains increased legislative powers under co-decision procedure in 1st pillar

 

 

 

Council predominant in 2nd and 3rd pillars

 

European Council’s guiding role formally acknowledged

 

·   Can over-ride decision of the EP by re-introducing its common position at end of conciliation process

·   Member governments have legal right of initiative in 2nd and 3rd pillars

 

·   Required to share its right of initiative in the 2nd and 3rd pillars with member governments

 

·   Becomes decision-making authority with Council in certain areas

·   Right to approve nominated Commission as a body

·   Granted form of legislative initiative

 

 

 

·   Consulted by Council on 2nd and 3rd pillar issues

 

·   Spans all 3 pillars

·   Provides Union with necessary impetus for its development

·   Defines general political guidelines of the Union

 

 

 

 

·   Defines principles of and general guidelines for the common foreign and security policy

·   Defines broad economic guidelines of the EU

·   Reports to the EP after each of its meetings and on an annual basis

 

 

1997

 

Treaty of Amsterdam (ToA)

 

Bicameral legislature - EP and Council are co-equal legislators in areas subject to co-decision procedure

 

·   Loses right to re-introduce common position at end of failed conciliation process

 

 

·   Co-equal legislative authority with the Council in increased number of areas subject to co-decision

·   Right to approve nominee for Commission President (nominated by Council, meeting at level of heads of state or government)

 

 

·   Defines principles of and general guidelines for common security and defence policy

 

2001

 

Treaty of Nice (ToN)

 

EP’s powers increased

 

 

 

·   Increased powers due to extension in scope of co-decision and assent procedures

 

 

 

·   Right to challenge acts of other institutions before the European Court of Justice (ECJ)

 

 

 

 

2004

 

 

Constitutional Treaty (CT)

(subject to ratification)

 

Central role of European Council acknowledged

 

Bicameral (Council and EP) legislature for most areas of EU policy

 

 

 

·    Shares more legislative power with EP (pillar structure disappears and co-decision procedure becomes ordinary legislative procedure)

 

 

 

·     Retains monopoly over right of initiative for European legislative acts

 

·    Becomes joint budgetary authority with Council for entire budget

·    Extension of areas in which it has legislative power

 

·    Becomes an institution of the EU

·    Required to take account of outcome of EP elections when nominating Commission President

·    Elected president may affect institutional balance