Welcome to our introduction to the EU! We strive to share with you all the necessary background knowledge of how the EU works to promote your academic engagement.

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 evolved from the first European Communities, established after the Second World War to preserve peace on the European continent, to EU institutions working towards the closer economic and political integration of Member States and giving rise to 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: How does the EU pass new laws?

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), it is clarified who can legislate in different areas: the EU, Member States, 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 competence: 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: Competences of the European Union. 

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
	Area of		Administrative
Conclusion of International Agreements under certain conditions	Freedom, Justice and Security		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 EU;
• 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 organisation;
• 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 is the difference between Directives, Regulations and Decisions?

What are the EU’s institutions?

1. European Commission (‘The 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 the 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. 

2. European Parliament (EP)

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 international agreements. 

3. The Council of the EU (‘The Council’)

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. 

4. The European Council (never abbreviated)

The European Council is a strategic body without legislative authority. Consisting 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. 

5. The Court of Justice of the EU (CJEU)

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.

The main EU stakeholders are depicted in the following EU diagram: