Abstract
This chapter offers a concise overview of the basic principles, powers and procedures which are involved in EU decision-making. The first section presents the legal bases for decision-making, starting with a review of the evolution of the treaties and institutions. The second section looks at the set of institutional actors which have emerged, and highlights some of the main changes which have taken place since the Lisbon Treaty. The following section discusses the different powers that have been given to the Union, and the various instruments and modes of EU action. Finally, the chapter summarises the main arrangements of differential participation which have been established, and identifies some of the concepts (multi-speed, concentric circles and variable geometry) which have been proposed to characterise the result.
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Article 23 (1). This is subject to conditions, namely that the European Union ‘is committed to democratic, social and federal principles, to the rule of law, and to the principle of subsidiarity, and that guarantees a level of protection of basic rights essentially comparable to that afforded by this Basic Law’. http://www.gesetze-im-Internet.de/englisch_gg/englisch_gg.html#p0130
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The 1972 European Communities Act. See http://www.legislation.gov.uk/ukpga/1972/68
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The formula ‘Heads of State or Government’ reflects the fact that some countries (in 2015, Cyprus, France, Lithuania and Romania) are represented by their Presidents by virtue of their own constitutional provisions, whereas the others are represented by their Prime Ministers.
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Note also that ‘exclusive competence’ is not the same as ‘common policy’, which in fact does not have a clear legal meaning. The Rome Treaty foresaw that ‘common policies’ were to be established in the spheres of trade, agriculture (later also of fisheries) and transport. There is now also a ‘common policy on asylum, immigration and external border control’. ‘Common rules’ were to be laid down in the fields of competition, taxation and the approximation of laws for the common market. In the case of the Common Foreign and Security Policy (CFSP), ‘common’ explicitly does not mean ‘single’, or exclusive; the Treaty actually talks of a ‘common approach’. Member States are obliged to consult each other, and the EU, before acting and to pursue ‘convergence’ in their actions. Finally, post-Lisbon the treaty says that the EU may conduct a common policy in the areas of development cooperation and humanitarian aid, but that this shall not prevent Member States from exercising their own competence.
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For an overview of the spending programmes under the Multi-annual Financial Framework for 2014–2020, see http://ec.europa.eu/budget/mff/programmes/index_en.cfm
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Article 24(3) TEU, emphasis added.
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Four non-EU countries have adopted the euro on the basis of monetary agreements with the EU (Andorra, Monaco, San Marino and the Vatican City), but are not part of the euro area. Two others have done so unilaterally (Kosovo and Montenegro).
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In the areas concerned, they participate in the expert groups which advise the Commission when it drafts new legislation. They also participate in the committees which the Commission consults when it prepares draft implementing acts , but they do not participate in—and should not even be present at—voting. They do not formally participate in meetings of the Council and Parliament. The Council invites officials to ‘political dialogue meetings’ at the level of working parties, and Ministers to informal EU ministerial meetings and ministerial conferences relevant to EEA EFTA participation in the internal market.
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The Schengen arrangements began as an agreement in 1985 between France, Germany and the Benelux countries to move ahead with the removal of internal border controls. A Convention implementing the agreement was adopted in 1990, followed by various initiatives to share information and facilitate cooperation between national authorities. The resulting body of agreements and mechanisms has been incorporated into the EU. The participating countries have common visa rules for third countries, and there are no passport controls within the Schengen Area. On joining Schengen, a country becomes responsible for controlling part of the EU’s external border; once people have entered that country, they are free to travel to all other members. That country’s ability to fulfil these responsibilities is therefore a matter of common concern for everyone else, and is the subject of review.
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Article 326 TFEU.
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This proposal has been beset by difficulties. In early 2015 the eleven countries concerned again discussed a possible launch in 2016.
Reference
Wallace H (2010) An institutional anatomy and five policy modes. In: Wallace H, Pollack MA, Young AR (eds) Policy-making in the European Union, 6th edn. OUP, Oxford, pp 69–104
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© 2016 European Institute of Public Administration
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Best, E. (2016). EU Decision-Making: An Overview of the System. In: Understanding EU Decision-Making. Springer, Cham. https://doi.org/10.1007/978-3-319-22374-2_2
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DOI: https://doi.org/10.1007/978-3-319-22374-2_2
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