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1 - Union institutions

from Part I - European Law: Creation

Robert Schütze
Affiliation:
University of Durham
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Summary

Introduction

The creation of governmental institutions is the central task of all constitutions. Each political community needs institutions to govern its society; as each society needs common rules and a method for their making, execution, and arbitration. The European Treaties establish a number of European institutions to make, execute, and arbitrate European law. The Union’s institutions and their core tasks are defined in Title III of the Treaty on European Union (TEU). The central provision here is Article 13 TEU:

The Union shall have an institutional framework which shall aim to promote its values, advance its objectives, serve its interests, those of its citizens and those of the Member States, and ensure the consistency, effectiveness and continuity of its policies and actions.

The Union’s institutions shall be:

– the European Parliament,

– the European Council,

– the Council,

– the European Commission (hereinafter referred to as ‘the Commission’),

– the Court of Justice of the European Union,

– the European Central Bank,

– the Court of Auditors.

The provision lists seven governmental institutions of the European Union. They constitute the core “players” in the Union legal order. What strikes the attentive eye first is the number of institutions: unlike a tripartite institutional structure, the Union offers more than twice that number. The two institutions that do not – at first sight – seem to directly correspond to “national” institutions are the (European) Council and the Commission. The name “Council” represents a reminder of the “international” origins of the European Union, but the institution can equally be found in the governmental structure of Federal States. It will be harder to find the name “Commission” among the public institutions of States, where the executive is typically referred to as the “government”. By contrast, central banks and courts of auditors exist in many national legal orders.

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Publisher: Cambridge University Press
Print publication year: 2012

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References

Schütze, R.European Constitutional LawCambridge University Press 2012CrossRefGoogle Scholar
Jacobs, F.The European ParliamentHarper Publishing 2005 17Google Scholar
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Dann, P.European Parliament and Executive Federalism: Approaching a Parliament in a Semi-Parliamentary Democracy 9 2003 European Law Journal549CrossRefGoogle Scholar
Noel, E.The Committee of Permanent Representatives 5 1967 Journal of Common Market Studies219CrossRefGoogle Scholar
de Búrca, G.The Constitutional Challenge of New Governance in the European Union 28 2003 European Law Review814Google Scholar
Nugent, N.The European CommissionPalgrave 2000 68Google Scholar
Stein, E.Lawyers, Judges, and the Making of a Transnational Constitution 75 1981 American Journal of International Law1CrossRefGoogle Scholar
Lavranos, N.The New Specialised Courts within the European Judicial System 30 2005 European Law Review261Google Scholar
Arnull, A.The European Court of JusticeOxford University Press 2006 151Google Scholar

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  • Union institutions
  • Robert Schütze, University of Durham
  • Book: An Introduction to European Law
  • Online publication: 05 November 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139177368.003
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  • Union institutions
  • Robert Schütze, University of Durham
  • Book: An Introduction to European Law
  • Online publication: 05 November 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139177368.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Union institutions
  • Robert Schütze, University of Durham
  • Book: An Introduction to European Law
  • Online publication: 05 November 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139177368.003
Available formats
×