Credits to Sabina Şancu & Sara Huseby
Welcome to our introduction to the EU! Here, we will share with you all the necessary background knowledge of how the EU works to promote your academic engagement.
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Welcome to the EU!
The European Union (EU) constitutes a supranational organisation of 27 Member States. It is an economic and political union of unique organisation in terms of both structure and decision-making. It has gradually evolved, starting from the first European Communities established after the second world war to preserve peace on the European continent. Over the following decades, the jurisdictions of EU institutions grew as a step towards the closer economic and political integration of Member States, resulting in the still-evolving structure of the EU we know today.
How does the EU pass laws?
The European legislative process is far wider than that of the majority of Member States; it involves the European Commission, the Council of the EU, and the European Parliament, which comprise the Institutional Triangle of the EU. These determine whether a resolution will become a legitimate act, coming into effect after being integrated into national legislation by Member States.
If you want a more detailed overview of how the EU passes legislation, you might be interested in this video.
What are the ‘EU competences’?
The EU can only pass legislation (i.e. has the competence to do so) in areas that fall under its legal jurisdiction. In Articles 2-6 of the Treaty on the Functioning of the European Union (TFEU), these areas are made explicit. In other words, it is clarified who can legislate in different areas: the EU, the national governments, or both.
What are the types of EU competences?
Exclusive competence
Only the EU can act in these cases, producing legally binding acts that Member States are responsible for applying.
SHARED competence
Both the Commission and national governments may legislate in these areas. However, national governments may only pass laws if the EU has not already done so (‘exclusive if EU has policy’) or if it has decided to not do so (‘non-exclusive’).
SUPPORTING
The EU aids Member States by coordinating or supporting their action, for example through setting up relevant programs and sharing best practices. However, the EU has no jurisdiction to create new laws in these areas or lead Member States to harmonise their national legislations.
If you want to learn about EU competences in greater detail, you might be interested in this video.
The policy areas on which the EU can legislate are organised by competences as follows:
Exclusive | Shared | Support, Coordinate, Complement | |
| Exclusive if EU has policy | Non-exclusive | ||
Customs Union | Internal Market | Research and Development | Most Human Health Policies |
| Euro Monetary Policy | Some Social Policies | Outer Space Policies | Industry |
| Conservation of marine resources (fisheries) | Cohesion Policy | Development and Cooperation | Culture |
| Common Commercial Policy | Agriculture and Fisheries | Humanitarian Aid | Tourism |
Competition Rules for the functioning of the Internal Market | Environment | Education, Vocational Training, Youth, Sport | |
| Consumer Protection | |||
| Transport and trans- European networks | Civil protection, Disaster Prevention | ||
| Conclusion of International Agreements under certain conditions | Area of Freedom, Justice and Security | Administrative Cooperation | |
| Energy | Coordination of social, economic, employment policies | ||
| Public Health Policies | |||
In any area of legislation not covered by this table, Member States have exclusive competence, which means that the EU cannot make any legally binding proposals.
What are the different types of European Union legislation?
The EU has two roots of law in terms of legislation: primary and secondary.
- Primary: The treaties of the Union, the treaties of the accession of new Member States, and the EU Charter of Fundamental Rights are the primary origins of EU law.
- Secondary: Directives, regulations, decisions, opinions, and recommendations are examples of secondary forms of EU law that must be aligned with the principles and guidance of primary EU legislation.
- Regulations: legally binding documents that must be followed in their entirety in the European Union.
- Directives: legal tools establishing certain aims that all Member States must fulfil through nationally-implemented legislative action.
- Decisions: legally binding acts that only affect the public to whom it is directed, such as a single country or a single organization.
- Recommendations and opinions make the proposing body’s views public, but they are not legally binding.
If you want to know more about these secondary forms of EU law, this video will be of use to you.
What are the EU’s institutions?
European Commission
The Commission is the Union’s executive body. Each Member State nominates one Commissioner who is responsible for a specific policy area (e.g., agriculture, competition, foreign affairs). The Commission monitors the implementation of EU policy, has exclusive Right of Initiative to propose legislation to the European Parliament and Council of the EU, and represents the EU in foreign affairs through the High Representative (HR/VP). The Commission is divided into various Directorates-General (DGs) or services, each responsible for a particular policy area.
European Parliament
The European Parliament is the EU’s legislative body, composed of 705 Members of Parliament (MEPs) directly elected by all EU citizens every five years. Aside from having the role of co-decision on legislative and budgetary proposals together with the Council of the EU, the EP supervises the Commission and debates on international agreements.
The Council of the EU
The Council co-decides on policies and legislation with the European Parliament, coordinates policies across Member States, and concludes on international agreements. It is organised through issue-specific groups (configurations) composed of the Ministers of Member States together with the President, whose term lasts six months.
The European Council
never abbreviated
The European Council is made up of the EU’s heads of state or government and the President of the Commission. It determines the EU’s strategies, policies, and goals, as well as the Union’s shared foreign and security policy. The European Council is a strategic body without legislative authority.
The Court of Justice of the EU
The CJEU oversees all aspects of the legal system, ensuring the lawful application of the EU Laws and Treaties. It also interprets EU law at the request of national courts. The CJEU consists of two major courts: the European Court of Justice (ECJ), the highest EU court; and the General Court.
If you want a clearer picture of how the above-mentioned institutions work, be sure to check this useful diagram of the main EU stakeholders:
So, who to call upon in your resolution?
- If we want to implement something at an EU-level: the European Commission, through its Directorate Generals; never the European Parliament. We are the EYP after all, proposing our resolution!
- Other EU-bodies or organisations connected to the topic!
- More interested in implementation on the national level? Member States are the way to go!
- Non-Governmental Organisations (NGOs) can be very influential as well!
- Cannot find anyone in the EU? No problem, consider international organisations such as the United Nations (UN) and Council of Europe (CoE), or other topic-specific ones!
- Cannot find anyone at all to call upon? Check again, ask your Chairs for some help! Finding the appropriate stakeholder can be a challenge, but they definitely exist, no need for creating new bodies to deal with the issue!
Research Time!
Tips & Tricks
- Start from your Topic Overview, where you will find the crucial information about the topic as well as some questions that will surely make you more interested!
- The only way to learn is to ask a lot of questions:
- What is your topic about? Write an outline for yourself!
- What is the current situation in this area? Why is this an issue/relevant?
- What are the possible solutions? What action can the EU take, according to their capabilities?
- Do you have some innovative solutions?
- Try Googling! You can use the further links as well as hyperlinks in your TO as a starting point.
- The Internet is full of different information – distinguish opinions from facts! Keep in mind what can be useful when writing a resolution.
- Use bookmarks, note everything you find useful!
- Check the dates! Is it from 2006? Hmm… is it still relevant? Double-check!
- Share ideas with your fellow delegates; talking about a certain topic gives you the best influx of information!
- Lastly, you are not alone in this; you have your Chairperson! They can help you a lot, all you need to do is ask for help!