CEPLER INTERNATIONAL LAW

INTERNSHIPS 2023

• CEPLER are delighted to launch our International Law Internships for 2023!

• We have a range of opportunities available in St Lucia, Brazil and Canada.

• Students will be able to undertake month long work placements with legal organisations in these
countries in Summer 2023.

• We have funding available to support students in undertaking these internships – A2B/Chamberlain

Award students in particular will benefit from a generous level of funding to cover their costs.

• Opportunities are generally focused on students in their final or penultimate year of study.

• If you want to find out more, come along to a Zoom Information Session at 11am on Friday, 10
March, led by Paul McConnell (Law’s Head of Global Engagement).

• The Zoom link for the session is: https://bham-ac-uk.zoom.us/j/87583975511

EU INSTITUTIONS
& THE LAW
LEGISLATION & DEMOCRACY IN ACTION
 • What Are The Institutions of
The EU?

• What Are Their Roles &

Responsibilities?
KEY
QUESTIONS • How Do They Support The
Values, Objectives & Interests
of The EU?

• Are They Democratic?

 • ART 13(1) TEU STATES THE
UNION WILL PROVIDE THAT
THE UNION SHALL HAVE AN

“institutional framework which shall

THE aim to promote its values, advance
INSTITUTIONAL
FRAMEWORK it’s objectives, serve it’s interest,
those of its citizens and those of its
Member States, and ensure the
consistency, effectiveness and
continuity of it’s polices and
actions.”
 The European The European
Parliament (‘EP’) Council

The European
The Council (of
Commission
ART 13 TEU Ministers, of the
(‘Commission’,
EU)
‘COM’)
THE UNION’S
INSTITUTIONS The Court of
Justice of the EU
The European
Central Bank
SHALL BE… (‘CJEU’) (‘ECB’)

The Court of
Auditors
 The High Representative for
Foreign Affairs and Security
Policy European Ombudsman (Art.
228 TFEU)
(Art. 18 TEU) + European
External Action Service

AND ON Committee of Regions (Art. Economic and Social

13(4) TEU) Committee (Art. 13(4) TEU)
TOP OF
THOSE….

33 regulatory agencies
 POWER
POLITICS &
THE
PEOPLE
INSTITUTIONS
THE COMMISSION
 • Seat: Brussels
• but has offices also in Luxemburg

• Main Executive of the Union,

• but other powers as well!

• Most ‘European’ Institution

COMMISSION
• Guardian of the Treaties
• Massive bureaucracy: >30.000
employees

• Web http://ec.europa.eu/index_en.htm
 THE COMMISSION
THE COLLEGE OF COMMISSIONERS

• 28 (27?) Commissioners (1 from each MS)

• 5 Year Mandate
• Bound by Principle of Independence
• Important Exception: High Representative is
Commission Vice-President and Chairs
Foreign Affairs Council
• they are bound by the principle of collegiality
• they are answerable to the European
Parliament (motion of censure)
 LEGISLATIVE POWERS

• Agenda-Setting Powers
• EU Council taking over?

• Initiates Legislation Almost Exclusively

• Adopts Delegated & Implementing Acts

• Article 290 (1) TFEU

 Executive Supervisory
Powers Powers
• Establishment of EU • Powers in Relation to
Budget + Collection of EU Competition Law &
Revenue
• (No EU Tax!)
International Trade

• Represents the EU on the • Brings Actions Before

international level the Court Against MS
• (Art. 258 TFEU)
• Management of EU foreign
aid
 Members of the Commission
Shall Be Chosen On the Basis of
A System of Rotation & On the
Basis of the Following Principles:
THE COMMISSION
&
REPRESENTATION 1. Member States shall be treated on a
:
strictly equal footing
ARTICLE 244
2. Each successive Commission shall be so
composed as to reflect satisfactorily the
demographic and geographical range
of all the Member States.
 CABINETS:

Offices of the Commissioners

with 7-8 officials per Cabinet

THE
COMMISSION Appointed by the President
&
INDEPENDENC
E
Directorates-Generals:

The ‘Ministries’ of the Commission:

Not the Best relationship with the Commissioners
THE COMMISSION & LEADERSHIP
PRESIDENT OF THE COMMISSION

• Proposed by European Council + elected by

the Parliament
• Is involved in appointing the Commissioners
• Commissioners are responsible to him
• He is responsible for the internal
organization of the Commission
• Provides ‘political guidance’ to the
Commission

• How To Become President - Article 14 TEU

 • Article 248 TFEU
• “the responsibilities incumbent upon the
THE Commission shall be structured and
COMMISSION allocated among its members by its
& President”
LEADERSHIP
• The President MAY reshuffle the allocation
PRESIDENT OF of those responsibilities during the
THE Commission’s term of office.
COMMISSION
• The Members of the Commission shall
carry out the duties devolved upon them by
the President under his authority.
EUROPEAN
COUNCIL
 DO NOT Confuse With The
Council of Ministers (EU body) -
OR-
the Council of Europe (not EU
body)

EUROPEAN • PREVIOUSLY: Did Not Have

COUNCIL Formal Status Or Formal Powers

• NOW: Officially Acknowledged

By Lisbon Treaty As An
Institution
• Members: Heads of Government/State of the Member States + it’s
President + President of the Commission
• Generally: Intergovernmental Format
• Meets: Min. x4 Times A Year;
• Seat: Brussels
• After Lisbon- it has a President for 2.5 years, renewable once
 THE EUROPEAN COUNCIL
POWERS

• It takes decisions regarding EU • Initiates treaty change

Membership (accession, suspension of
membership, notification of exit)
• Prominent role in CFSP (largely
intergovernmental policy area)
• Sets the political guidelines/agenda

• Problem solving (e.g. Euro crisis,

• Lots of appointments (its own President,
President of Commission, High
Brexit)

Representative, ECB Executive Board)

https://www.consilium.europa.eu/en/e
uropean-council/
 PRESIDENT OF THE
EUROPEAN COUNCIL

• The European Council Shall Elect Its

President, By A Qualified Majority,
For A Term of Two & A Half Years,
Renewable Once

• The President of the European Council shall 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
 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.
 COUNCIL
OF
MINISTERS
DO NOT CONFUSE IT WITH
THE EUROPEAN COUNCIL (EU
BODY) - OR - THE COUNCIL OF
EUROPE (NOT EU BODY)
 • Seat: Brussels

• Main Decision-Making Body of the EU

• 10 Configurations
• (General Affairs, Foreign Affairs, etc)
• There Are NO Fixed Members
COUNCIL
STRUCTURE
• Specific Minister(s) Delegated from Each
MS to Each Configuration

• Half-Year Rotating Presidency

web:http://www.consilium.europa.eu/homepage
 • Co-ordinates the broad policies of the MS

• Takes other institutions before the Court of

Justice
• Requests the Commission to initiate legislation

• Passes legislation jointly with European

Parliament in many policy areas
• Develops the EU’s Common Foreign and
COUNCIL
Security Policy (CFSP), based on guidelines set
by the European Council
• Concludes international agreements between
the EU and other countries
• Approves the EU’s budget, jointly with the
Parliament
 VOTING

• Simple Majority: Each Member Has

x1 Vote (Half MS + 1)
• Unanimity: ALL MS
• Qualified Majority or Unanimity
(QMV) – Most Common
• QMV (Art. 16 TEU) – At Least
55% of MS Representing 65% of
the Population
• Blocking Minority: Min 4 MS
• In Practice Consensus Is Sought
 SECRETARIAT
Assists the Presidency Led By A Secretary-General

COREPER
(Committee of Permanent Representatives)
Coreper II
Coreper I (deputy
prepares Council (ambassadors) deals Assisted by 250
permanent
meetings, work, carry forum for dialogue with political, Working Groups of
representatives) deals
out assigned tasks commercial, economic national civil servants
with technical matters
or institutional matters
GENUINE DEMOCRACY?
ARTICLE 10 TEU

Member States Are Represented

In The European Council By
Their Heads of State or
Government and in the Council by
their governments, Themselves
Democratically Accountable
Either To Their National
Parliaments, OR To Their
Citizens
 THE
EUROPEAN
QUARTER
IN
BRUSSELS
COUNCIL
COMMISSION
PARLIAMENT
HIGH
REPRESENTA
TIVE + EEAS
 EUROPEAN
PARLIAMENT
 DIRECTLY ELECTED

• Originally Founded As The Common Assembly

• Seats : Strasbourg & Brussels

• Second Most Important Legislative Body After Council of

Ministers

• Represents The Interests of the EU Citizens

• https://www.europarl.europa.eu/portal/en
 STRUCTURE
• directly elected since 1979 by the citizens of
the MS
• elections every 5 years (Art. 14(3) TEU)
• Art. 20(2)b TFEU: right of every EU
citizen to vote or stand for election in the
EP in any EU country where they reside!
• President of EP elected from among
themselves
• Art.14(2) TEU – max number 750
• Degressive proportional representation:
minimum a state can have is 6 members
(Malta), maximum 96 (Germany)
• It does not have political parties, but
groups: European People’s Party (EPP,
Centre Right), European Socialists (Centre
Left, S&D), etc
 • LEGISLATIVE POWERS
• Different legislative powers in the Consultation,
Consent and Ordinary Legislative Procedures
PARLIAMEN
T: POWERS
• Exercises Democratic SUPERVISORY
POWERS:
• Appoints European Ombudsman (Art. 228
TFEU)
• Power to approve or reject the nomination
of Commissioners and has right to dismiss
them (motion of censure)

• BUDGETARY POWERS:
• EU budget decided jointly with the Council; has
right to veto Budget
 THE COURT OF JUSTICE
OF THE EUROPEAN
UNION
DO NOT CONFUSE IT WITH THE EUROPEAN COURT OF HUMAN RIGHTS!

SEAT: LUXEMBURG

OLD NAME: EUROPEAN COURT OF JUSTICE (ECJ)

CONSISTS OF (ARTICLE 19 TEU):

COURT OF JUSTICE (HIGHER)

GENERAL COURT (LOWER)

SPECIALIZED COURTS (NOW DEFUNCT CIVIL SERVICE TRIBUNAL)

 • Do not confuse it with the
European Court of Human Rights!
• Seat: Luxemburg
• old name: European Court of Justice
(ECJ)
CJEU • Consists of (Article 19 TEU):
• Court of Justice (Higher)
• General Court (Lower)
• Specialized Courts (now defunct
Civil Service Tribunal)
  28 Judges (x1 from each MS)

 Appointed For Renewable Term of 6

Years
COURT OF
JUSTICE
 Impartial Beyond Question
(ART. 19
TEU, ART
251 TFEU  Sits In Different Formations:
AND  Full Court,
BEYOND)  Grand Chamber of 15 Judges,
 Chamber of 5 or 3 Judges

 Assisted by Advocates-General
CJEU’S POWERS

APPLIES AND INTERPRETS EU LAW IN AN

AUTHORITATIVE MANNER

Action Before It:

 Infringement Proceedings (Art. 258 TFEU)
 Actions for Annulment (Art. 263 TFEU)
 Actions for Failure to Act (Art. 265 TFEU)
 References For A Preliminary Ruling (Art. 267
TFEU)
 Actions for Damages (Art. 340 TFEU + Art.
268 TFEU)
 Opinions On International Agreements’
Compatibility With EU Law (Art. 218(11)
THE OTHER
ONES ….
 EUROPEAN CENTRAL BANK &
COURT OF AUDITORS

EUROPEAN CENTRAL BANK

 ensures price stability within the Euro Zone
 controls money supply and decides interest rates
 works independently from governments

COURT OF AUDITORS
 audits the revenue and expenditure of the EU
 checks if the EU funds are used properly
 can audit any person or organization, which deals with EU
funds
 • Represents EU in matters of foreign
and security policy (in all other areas
it is the Commission)

• Hybrid: vice-president of the

THE HIGH Commission, but also chairs Foreign
REPRESENTATIVE Affairs Council
+ EEAS

• Helped by the European External

Action Service (civil servants from
Council, Commission, national
level)
European Ombudsman (‘Lawyer of the people’)
 EU citizens or people residing in the EU may
lodge a complaint or request information from
the Ombudsman

Committee of Regions
 representatives of regional and local authorities
 voice of the regional and local governments
 Advisory powers

Economic and Social Committee

 promotes the involvement of civil society in EU
matters
 advisory body representing employers, trade
unions, farmers, consumers and the other interest
groups
 Your Core & Seminar Reading Is
KEY!
DO NOT MISS A SEMINAR!

Then - Look To …
LOOKING FOR • EUROPA
MORE? • EU institutions and bodies profiles | European Union (europa.
eu)

• BBC NEWS Video On EU –

• https://youtu.be/ywJS7swbqeE

• BBC Sounds “Law In Action” Podcast

• Has Several EU Focused Recordings On EU
Issues