THE INSTITUTIONAL STRUCTURE & LAW MAKING

TUTORIAL 2

1. Outline the main institutions involved in EU decision-making and explain their

relationship with Member States and their governments.

The main institutions involved in the EU decision-making are the European

Parliament, European Council, Council of the EU (Council of Ministers), and the
European Commission. Each institution plays a unique role and interacts closely with
Member States and their governments in the EU’s legislative and policy framework:

a. European Parliament

➢ Composed of 720 Members of the European Parliament (MEPs)

elected by EU citizens every five years, the European Parliament has
legislative, budgetary, and supervisory powers. It represents the EU's
citizens and works alongside the Council of the EU to negotiate and
adopt legislation based on proposals from the European
Commission. This co-decision process, known as the ordinary
legislative procedure, has solidified the Parliament’s role as a co-
legislator with the Council.

b. European Council

➢ This institution provides the EU’s political direction but has no

legislative function. It comprises the heads of state or government of
each Member State, as well as the President of the European Council
and the President of the European Commission. It sets broad
priorities, especially where consensus is necessary across Member
States.

c. Council of the EU (Council of Ministers)

➢ The Council represents the governments of the Member States and

negotiates and adopts EU laws in conjunction with the European
Parliament. The Council’s composition varies based on the policy
area under discussion, with ministers from each Member State
participating according to the topic. This institution reflects the
intergovernmental aspect of the EU, emphasizing the influence of
individual Member States in EU legislation.

d. European Commission

➢ Acting as the EU’s executive body, the Commission proposes

legislation, enforces EU laws, and manages policies and the budget.

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 It operates with a College of Commissioners, each representing a
Member State, under the Commission President. Although it
proposes legislation, it relies on the Parliament and Council to pass
laws. The Commission’s supranational role prioritises the interests of
the EU as a whole over individual Member State interests.

Each institution plays a specific role in balancing the EU’s supranational and
intergovernmental dynamics. While the European Commission initiates and
proposes legislation, the Council of the EU and the European Parliament collaborate
to adopt laws, thus balancing Member States’ interests with the overarching EU
goals. The European Council, although not directly involved in legislation, provides
strategic direction, ensuring that Member States' priorities shape the EU's long-term
policies.

2. What is the EU secondary legislation? According to Article 288 of Treaty on The

Functioning of The European Union (TFEU), what effect does EU secondary legislation
have on the national legal systems of Member States?

EU secondary legislation, as outlined in Article 288 TFEU, includes regulations,

directives, decisions, recommendations, and opinions:

a. Regulations have general application, are binding in their entirety, and are
directly applicable in all Member States. This means they take effect
immediately and override national laws that conflict with their provisions.

b. Directives are binding regarding the result to be achieved, but Member

States have the discretion to choose how to implement them. This allows
Member States to adapt the directive’s objectives into national law while
ensuring consistency across the EU.

c. Decisions are binding in their entirety upon those to whom they are
addressed, whether individual Member States or specific organisations or
individuals.

d. Recommendations and Opinions have no binding force and are considered

as forms of soft law that Member States are encouraged to follow but are
not required to legally implement.

Thus, secondary legislation enables the EU to standardise certain laws across

Member States, impacting national legal systems by creating binding obligations or
recommended practices.

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3. Critically analyse how the EU is able to lawfully enact Directive 2024/1799, which
promotes the repair of goods. Using relevant legal authorities (such as Treaty
provisions and case law), your answer should define the following controls on law-
making and explain how they were applied in the context of the proposal:

Directive 2024/1799, aimed at promoting the repair of goods, must comply with legal
controls to be lawfully enacted.

a. Competence

Under Article 5 TEU, the EU operates on a principle of conferral, meaning it can

only legislate in areas where power is granted by the Member States through
the Treaties. Competences are categorised as exclusive, shared, or supporting
(Articles 3-6 TFEU). The directive likely falls under shared competence, which
allows both the EU and Member States to legislate, particularly for internal
market objectives (Article 4(2) TFEU)

b. Legal basis

All EU actions must have a legal basis under the Treaties. Article 114 TFEU, which
addresses harmonisation for the internal market, could be used as the legal basis
for Directive 2024/1799, as it aims to create uniform repair standards across the
EU. The Tobacco Advertising Case (C-376/98) reinforced that actions under
Article 114 must genuinely seek to improve market conditions.

c. Subsidiarity

The principle of subsidiarity (Article 5(3) TEU) stipulates that the EU should only
act when objectives cannot be sufficiently achieved at the national level and
would be better fulfilled by Union-level action. Subsidiarity checks are especially
relevant for shared competences. In the Early Warning System, national
parliaments assess compliance with subsidiarity, providing additional oversight.
This control prevents unnecessary centralisation of power at the EU level and
ensures efficient law-making.

d. Proportionality

The principle of proportionality (Article 5(4) TEU) requires that EU measures do

not exceed what is necessary to achieve the Treaties' objectives. This directive’s
provisions must be targeted specifically to avoid overregulating, balancing the
benefits of repair standards against any potential burdens on stakeholders.
Protocol No 2 on proportionality and subsidiarity outlines that the Commission

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 should conduct an impact assessment, which typically involves consultation with
affected parties

4. Identify the legislative procedure followed to adopt Directive 2024/1799. Explain the
different stages and the roles played by the various EU institutions and other
stakeholders.

Directive 2024/1799 would likely follow the ordinary legislative procedure (OLP), the
primary method for enacting EU legislation, with stages outlined as follows:

a. Proposal by the European Commission: The Commission initiates the

directive, having exclusive right of initiative (Article 17 TEU).

b. First Reading: The proposal is sent to the European Parliament and Council
of the EU. The Parliament may propose amendments, which the Council can
either accept or revise. If the Council accepts, the directive is adopted.

c. Second Reading: If there are disagreements, the Parliament reviews the

Council’s amendments. If both institutions agree, the directive is adopted; if
not, it progresses to conciliation.

d. Conciliation Committee: A committee from both institutions attempts to

negotiate a compromise. If a joint text is agreed upon, both institutions must
approve it for the directive to pass.

e. Adoption: The final approval by both the Parliament and the Council leads
to the directive’s formal adoption. Stakeholders, including industry
representatives and consumer advocates, may contribute during
consultations to ensure broad support for the directive.

This process underscores the collaborative roles of EU institutions, ensuring

democratic and effective decision-making in EU legislation.