Scarica Diritto dell'Unione Europea Diritto dell'Unione Europea e più Schemi e mappe concettuali in PDF di Diritto dell'Unione Europea solo su Docsity! GOVERNMENTAL POWERS The “government” is that part of the executive that is charged with providing leadership and direction. And depending on whether there exists one or two organs charged with political leadership within a society, we speak of a monist or a dualist executive. Monist Executive: United States Dualist Executive: Great Britain & France EUROPEAN COUNCIL The composition of the European Council is as simple as it is exclusive. It consists of the Heads of State or Government of the Member States. The European Council shall meet twice every six months, but can have additional meetings when the situation so requires. These regular meeting follow the seasons: there is a spring, summer, autumn, and winter meeting. Functions: 1) Primary functions: Executive Function (cf. ART.15 TEU: “The European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof.” (Presidency Conclusions). Aim: To provide the major political direction of the Union. 2) Secondary Functions: (2) constitutional; ART. 50 TEU-> A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament. (3) institutional; Composition of the Parliament-> ART. 14 TEU The European Parliament shall be composed of representatives of the Union’s citizens. They shall not exceed seven hundred and fifty in number, plus the President. Representation of citizens shall be digressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats. The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph. (4) arbitration Decision-making -> How will it decide? The decision-making process within the European Council is shrouded in secrecy for its meetings are not public. The default principle is set out in ART. 15 (4) TEU: “Except where the Treaties provide otherwise, decisions of the European Council shall be taken by consensus.” The president of the European Council: (a) Shall chair it and drive forward its work; (b) Shall ensure the preparation and continuity of the work of the European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council; (c) Shall endeavour to facilitate cohesion and consensus within the European Council; (d) Shall present a report to the European Parliament after each of the meetings of the European Council. The President of the European Council shall, at his level and in that capacity, ensure the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy. Commission: “Elections” Two- stage process with the appointment of the President… … should the latter be the “leader” of the strongest political formation? Second stage: Commission as a collective body….
