The European Union - Institutions

Seven Institutions, Eight Bodies, and Thirty Plus Agencies

The Seven Institutions

• The governmental structure of the European Union (EU) can be classified, according to the European Union, by assigning an "institutional" label to seven major entities or bodies. Institutions, in the context of the European Union, are considered the central decision-making bodies of the EU organization, with a special status in EU treaties and practice. They were formally identified by the 2009 Treaty of Lisbon. In practical terms their status has been created through the formal assignment of responsibilities with, or powers over, other institutions, such as a right of consultation on various matters, or the ability to appoint or approve appointments by other institutions. For example, the European Parliament (EP) has the power to elect the president of the European Commission (EC).(1) The seven institutions are: 1) the European Commission; 2) the Council of the European Union; 3) the European Parliament; 4) the Court of Justice of the European Union (the official name for the entire court system under the 2009 Lisbon Treaty), although it has been called the Court of Justice or the European Court of Justice; 5) the European Council; 6) the European Central Bank; and 7) the European Court of Auditors. (2) There is a similar-sounding body, the Council of Europe, which is not a European Union organization, but a membership organization formed in 1949, consisting of both European and non-European countries (almost anyone), which, while holding regular meetings and producing conventions and agreements, serves more as a discussion forum for ideas.(3)

Laws and Legislation

• The structure of the U.S. governmental system divides the government into three types of functions, assigned to different branches. The executive branch, represented by the presidency, executes or carries out the laws. The legislative branch, the Congress, creates laws and passes legislation. The judicial branch interprets laws and serves as a check on the actions of the executive and legislative branches. The parliamentary system, found in many European countries, such as France and the UK, is similar, but has its own rules. It may have a president, as does France, or not, as in the UK. Both France and the UK assign executive power to a prime minister, who is chosen by a majority vote of their parliament. They differ from the US, in terms of elections, since, if the government becomes unpopular, or loses the support of a majority of the parliament, it can be changed with a new election. The US holds its elections on a regularly scheduled basis, with political parties holding power until the next election. The European Union operates somewhat differently. While its policies can change over time, or remain the same, its institutions remain relatively stable. If individual members may change with elections or appointments, the institutions remain in place, and normally do not fall with new elections. Of the seven European Union institutions, four might be considered to represent the structure of government and its core functions, (or somewhat comparable to the three branches of the US government): 1) the European Commission; 2) the Council of the European Union; 3) the European Parliament; and 4) the Court of Justice of the European Union.

1) European Commission

• The European Commission, officially known as the Commission of the European Union after the 2009 Treaty of Lisbon, is the executive body of the European Union and runs its day-to-day business. It consists of twenty-seven members, one member for each member state, collectively referred to as the College of Commissioners, also sometimes referred to as simply The Commission.(4) The start or origins of the European Commission can be found in the Treaty of Paris, signed on April 18, 1951, and effective July 1952, which created the European Coal and Steel Community (ECSC). The ECSC was governed by four institutions: 1) A High Authority with nine members, nominated for six-year terms by the national governments of the member states; 2) A Special Council of Ministers, representing the member states; 3) A Common Assembly, chosen on the basis of population from the national legislatures of the member states; and 4) A Court of Justice, with responsibility for settling conflicts between states and ruling on the legality of High Authority decisions.(5) The High Authority would later become the European Commission and the Special Council of Ministers was the predecessor of the Council of Ministers (officially the Council of Ministers of the European Communities). At the time of the 1957 European Economic Community (EEC) Treaty (Treaties of Rome), there were six members (known as The Six): Belgium, France, the Federal Republic of Germany, Italy, Luxembourg, and the Netherlands. When the European Economic Community (EEC) Treaty came into force on January 1, 1958, there were, not just one, but three separate Commissions, which had been created by the Treaties of Rome, one carryover from the European Coal and Steel Community (ECSC), plus one from the European Economic Community (EEC), and a third from the European Atomic Energy Community (Euratom).(6) The 1965 Merger Treaty merged the three commissions into a new Commission of the European Communities, as well as a single Council of Ministers, effective in 1967. With the expansion in EU membership, the number of Commissioners grew to twenty-seven, one for each member state, down from twenty-eight, after Brexit.(7) The Commission plays a role in five areas: 1) Legislative Power or Initiative Power - the power to initiate laws and legislation; 2) Enforcement of European legislation - responsibility for monitoring the implementation of legislation by member states, including oversight of competition in the internal market; 3) Executive Power in External Relations - serves as the body which oversees negotiations with outside powers or organizations, such as the United Nations, the World Trade Organization, and trade negotiators of individual countries; 4) Managing the Budget - responsibility for administering the EU budget; and 5) Publishing advice and recommendations.(8) While not mentioned in its formal powers, it might be said that the Commission has a major role as a form of "employment agency," since, in 2020, it employed a workforce of 32,000 people.(9)
• In terms of structure, the Commission can be divided into of five main bodies or organizational entities, with corresponding areas of responsibility and titles: 1) the College of Commissioners; 2) the president of the Commission; 3) the directorates-general and services; 4) the Secretariat-General; and 5) committees and sub-committees.(10) The College of Commissioners is composed of members appointed by their national governments for renewable five-year terms, but subject to approval by the president of the Commission (who has the power of veto), the other Commissioners, other governments, major political parties at home, and the European Parliament.(11) Commissioners are given responsibility for a policy area (portfolio), with the assignments being made by the president at the beginning of the Commissioner's term. The portfolios considered the most prestigious are those dealing with the budget, agriculture, and trade, although to provide the appearance of greater participation, the internal role of vice president has been created, with members assigned portfolios in vice presidential roles. Each commissioner has a cabinet with a small personal staff of assistants and advisers, headed by a chief, which provide advice and services to the commissioner.(12)
• The president of the Commission serves for a renewable five-year term.(13) The presidency is technically not an elected position in which candidates place their names on a ballot and are voted on by the Commission members or in a presidential election held for all citizens of the EU. Under the Treaty of Lisbon the European Council (the EU institution comprised of the heads of state or government which advises on political direction and priorities), from 2014 on, was to propose candidates for the Commission presidency, which then had to be confirmed by the European Parliament (EP).(14) Whether the European Council continues in that role remains to be seen, since there has been pressure from various political groups to make the process more democratic by allowing wider participation in the process. In some ways the presidential power is more symbolic than real, since the president can be outvoted by other commissioners. At the same time, the power to assign portfolios to commissioners can be a form of patronage and a source of political influence and real power. Even if only symbolic, the perks of the presidential office are significant, since the president oversees meetings of the College, represents the Commission in dealings with other EU institutions, represents the EU at meetings with national governments and their leaders, and can influence general policies of the EU.(15)
• The Directorates-General (DG) and Services, below the College, might be considered forms of governmental departments or agencies, with oversight of specific policy areas. In some areas, such as Energy and Environment, they are almost the equivalent of U.S. cabinet offices which serve and advise the president, although the DG are largely independent of the president of the European Commission, who does not exercise the same authority over them as a U.S. president does over cabinet positions. There are thirty-one DGs, with expected descriptive titles, such as Health and Food Safety, Maritime Affairs and Fisheries, Trade, and Climate Action. Although "translation" may seem an unexpected DG, it has a special niche and staff, since all key documents must be translated into all twenty-three official EU languages. Apart from the Directorates-General, Services categories include a Data Protection Officer, the European Anti-Fraud Office, the Internal Audit Service, a Library and e-Resources Centre, and a Publications Office. (16)
• The Secretariat-General is the administrative services office of the Commission, relatively small, with a staff of about 700. Its main job, or jobs, is to provide technical services and advice to the Commission, prepare the annual work program of the annual work program of the Commission, and organize and coordinate the work of the DGs and services.(17)
• The Committees and Sub-Committees serve more as advisory bodies to the Commission, since they have no formal powers. There are several hundred, made up primarily of small groups of officials from government departments in the member states. There are sometimes expert committees, consisting of national officials and specialists, as well as consultative committees providing advice on select topics, which may include representatives from interest groups, lobbyists, manufacturers, and consumer groups. (18)
• The European Anti-Fraud Office/Office europêen de lutte antifraude (OLAF) is an independent office within the European Commission, established in April 1999, which began operating in June 1999. It is responsible for combating fraud against the European Union (EU) budget, corruption and serious misconduct within EU institutions, as well as transnational organized crime and any fraud or illegal activity prejudicial to the budget.(19) OLAF came about as a result of a European Parliament vote in January 1999 to dismiss the College of Commissioners, which had been triggered by stories which had circulated for several years about fraud, nepotism, and cronyism in the Commission. The vote failed, since it fell short of the two-thirds majority, but did result in the appointment of a committee to investigate the allegations. The committee published its report on March 16, resulting in the surprise resignation of the College a few hours later.(20) While OLAF, as a body, falls within the jurisdiction of the Commissioner in charge of Budget and Human Resources, its Director-General is appointed by agreement between the European Parliament, the Commission, and the Council of the European Union.(21)
• The European Anti-Fraud Office should not be confused with the European Public Prosecutor's Office (EPPO), which deals more with general criminal matters of a more serious nature, such as drug trafficking, including cross-border and international criminal activity, rather than matters limited to EU institutions and the EU budget. What matters the EPPO has jurisdiction over are still to be determined, since it only began operations in June 2021.(22)

2) Council of the European Union

• The Council of the European Union, informally known as the Council, is the main decision-making body of the European Union, together with the European Parliament, composed of the government ministers from each European Union country. The ministers have the authority to commit their governments to the actions agreed on in the meetings.(23) The origin of the Council of the European Union can be found in the Treaty of Paris, signed on April 18, 1951, which established the European Coal and Steel Community (ECSC), formed by the six European states (Belgium, France, the Federal Republic of Germany, Italy, Luxembourg, and the Netherlands), known as The Six. Within that group, the Benelux countries (Belgium, the Netherlands, and Luxembourg), fearful of the dominance of France, Germany, and Italy, insisted on the creation of what was called the Special Council of Ministers of the European Coal and Steel Community. It was to serve as a balance to another ECSC body, called the High Authority, which consisted of nine members, nominated for six-year terms, by the national governments of the member states.(24) (The High Authority was the predecessor to the European Commission.) The Treaty of Rome, signed on March 25, 1957, which established the European Economic Community (EEC), created a separate Council of Ministers. The Merger Treaty, signed on April 8, 1965, coming into effect on July 1, 1967, created a single European Commission and a single Council of Ministers, officially known as the Council of Ministers of the European Communities (EC).(25) At the time of the Merger Treaty there were three separate Council of Ministers, one for the European Atomic Energy Community, one for the European Coal and Steel Community (ECSC), and one for the European Economic Community (EEC).(26) When the Treaty on European Union (TEU) (the Maastricht Treaty), came into effect in November 1993, the name of the Council of Ministers was formally changed to the Council of the European Union, although it is still sometimes referred to as the Council of Ministers. (27)
• In structure, the Council of the European Union consists of four main elements: 1) the Council of Ministers themselves; 2) the Committee of Permanent Representatives (COREPER); 3) the presidency; and 4) the General Secretariat. While there is technically only one Council, in practice, it is divided into what might be called "subcouncils," sometimes referred to as "technical councils" or "configurations" or "formats," now numbering just ten.(28) Although each member state is permitted one representative, assumed to be the country's minister, the states may send deputy ministers or state secretaries or ministers with oversight of major governmental agencies, such as finance or agriculture ministers. Five of the councils are considered of particular importance, at least based on meeting frequency. Two, the General Affairs Council and the Foreign Affairs Council, have roles defined by Treaty. Three, the Economic and Financial Affairs Council (Ecofin), the Justice and Home Affairs Council, and the Agriculture and Fisheries Council, deal with policy issues deemed important enough to hold frequent meetings, often monthly, the number being determined by the country holding the presidency.(29) Other technical council formats cover co-operation in areas such as 1) Competitiveness; 2) Education, Youth, Culture and Sport; 3) Employment, Social Policy, Health and Consumer Affairs; 4)Environment; and 5) Transport, Telecommunications and Energy. Most meetings are held in the Council's headquarters, the Europa building in Brussels, but on three occasions each year - April, June and October - the Council meetings are held in Luxembourg, where the executive High Authority of the European Coal and Steel Community was based.(30)
• The Committee of Permanent Representatives (COREPER), based in the Europa building in Brussels, represents the member states. It conducts most of its meetings in private, which allows the representatives to more fully discuss issues and conduct major negotiations on sensitive topics more freely. Many issues are decided before they are presented to the Council.(31) Following the 1965 Merger Treaty, with an increasing workload, it was decided to divide (COREPER) into two committees: Coreper II consisted of the permanent representatives and Coreper I consisted of deputies of the permanent representatives. Coreper II dealt with issues coming before the General Affairs Council, the Economic and Financial Affairs (Ecofin) Council, and the Justice and Home Affairs Council. Their deputies in Coreper I focused on the work of the other councils, such as the Environment Council and the Competitiveness Council.(32)
• The presidency of the Council of Ministers is held by a country rather than a person, on a six-month rotating basis, beginning in January and July of each year.(33) The main responsibilities of the presidency are preparing and coordinating the work of the Council of Ministers and sets the agendas for meetings, which number about 2,000, arranging and chairing meetings of the Council of Ministers and Coreper and representing the Council in relations with other EU institutions.(34) One criticism of the six-month presidency was that it allowed the member holding the presidency to focus on its own issues. As a result, following the Treaty of Lisbon, the current presidency was required to work with its predecessor and successor, resulting in practice in an eighteen-month, three-state "team presidency," a troika. Whether the change produced any meaningful policy changes, it gave some temporary prominence to lesser states and allowed states to bring issues to the attention of the wider membership.(35)
• The General Secretariat is a professional civil service of about 3,000 staff from all EU member states. Like the Commission, it is divided into Directorates-General, with oversight of various areas. Its responsibilities include drafting the six-month legislative program for each Council Presidency, providing legal services, briefing government ministers on EU issues, preparing the agenda for Council meetings, keeping records, managing the Council budget, and drafting Council meetings minutes.(36)

3) European Parliament

• The European Parliament (EP) is one of two legislative bodies of the EU, the other being the Council of the European Union (also known as the Council of Ministers or "the Council"). The EP consists of 705 members (down from 751 as a result of Brexit) directly elected from the twenty-seven EU member states for fixed five-year terms.(37) While direct elections suggest it is a representative body, it is subject to three restrictions: 1) it cannot directly introduce proposals for new laws; 2) it cannot decide alone on the content of laws; and 3) it cannot raise revenues.(38) While these sound like very severe restrictions, there are workarounds, which effectively mean that the EP must work with other bodies to negotiate a final version of a proposal. The EP is also restricted by the reluctance of the member states to cede certain powers of national law making to the European Union. The EU is not a national government, but an alliance of independent member governments. In the U.S., budgetary or tax proposals must originate in the House, which means that the House and Senate negotiate a finalized version together and then formally introduce the measure first in the House as a means of compliance. Nevertheless, the European Parliament has partial responsibility for debating, amending, and voting on proposals for new EU laws.
• The origins of the European Parliament can be traced back to the Common Assembly of European Coal and Steel Community (ECSC) in September 1952, consisting of seventy-eight members appointed by the national legislatures of the six ECSC member states. At the time it was not a lawmaking body, since its only power lay in its ability to censure the High Authority, which would lead to their resignation. The Council of Ministers was responsible for making laws.(39) The 1957 Treaties of Rome consolidated the Common Assembly in 1958 into a joint European Parliamentary Assembly, which was to serve the three separate communities: the original European Coal and Steel Community (ECSC), plus the newly created European Economic Community (EEC) and the European Atomic Energy Community (EEAC or Euratom), with a membership of 142.(40) In 1962 the Assembly renamed itself the European Parliament, a largely symbolic act, since the change was only recognized by the European Commission and not by the Council of Ministers.(41) (The Council of Europe had an Assembly, which was renamed the Parliamentary Assembly of the Council of Europe (PACE) in 1974.)(42) In June 1979, it gained some legitimacy when the first elections for representatives were held.(43) The Single European Act (SEA) of 1987 formally recognized its legal status, while the Treaty on European Union (TEU) (Maastricht Treaty) in 1992 expanded its powers.(44)
• While the European Parliament may still be handicapped by all the restrictions, its powers are substantially greater than they were in 1952. Although the strength of any mandate may vary, depending on the number of people who bother to vote, direct elections and the emphasis by political parties on different issues, direct elections do provide politicians with a sense of how voters feel about issues. The fact that treaties have stated what its powers are, in writing, and required its input and involvement in lawmaking, over budgetary matters, and even over other institutions is a measure of improvement.(45)
• Treaty recognition of certain powers may have added credibility, but the daily routine and geographical separation have diminished effectiveness. The parliamentary chamber is located in Strasbourg, France, which has limited hotel accomodations, making it expensive, parliamentary committees meet in Brussels, but only for two weeks every month, and the administrative Secretariat, of about 3,500 support staff, works in Luxembourg (which few Members of the European Parliament (MEPs) visit or spend time in).(46)
• In structure, the European Parliament consists of four main elements: the presidency, parliamentary committees, the MEPs, and the political groups or parties to which they belong. The Secretariat of the European Parliament primarily provides administrative support in the areas of translation and interpretation, in contrast to the Secretariat-General of the European Commission, which provides technical advice, prepares the annual work program, and coordinates the work of the Directorates-General or the General Secretariat of the Council of Ministers, which provides legal advice, briefings, and manages the Council Budget.(47)
• The presidency of the European Parliament requires that the president must be a member of the European Parliament (MEP) who is elected by a majority vote of the MEPs for a renewable term of two-and-a-half years. Many of the presidential duties might be described as symbolic, or quasi-ceremonial, such as presiding over debates during plenary sessions, signing the EU budget and all legislative proposals decided by ordinary legislative procedure, passes proposals to committees, and represents Parliament in its relations with other institutions and internationally. Since the EP must deal with political pressure from the various political parties elected, there are fourteen vice presidents, who are elected for terms of two-and-a-half years, who can sustitute at meeting.(48)
• The EP handles organizational matters through four groups: 1) Conference of Presidents; 2) Bureau of the European Parliament; 3) Conference of Committee Chairs; and 4) The Conference of Delegation Chairs. The Conference of Presidents and the Bureau of the European Parliament are somewhat within the domain of the presidency, sine the president either presides over or attends their meetings, while the Conferences of Committee Chairs and Delegation Chairs deal with general EP matters. The Conference of Presidents meets bi-monthly, brings together the president and the heads of all the political groups which decide the timetable and agenda for plenary sessions and manages the system of committees. The Bureau of the European Parliament consists of the president of the EP, the vice presidents, and five "Quaester" (advisors to the Members of the European Parliament (MEPs) elected from within the EP). The Bureau is responsible for administrative, organizational, and staff issues, and for the EP budget. The Conference of Committee Chairs meets monthly and assembles the chairs of parliamentary committees to discuss organizational issues and help draft plenary agendas, as well as brokering deals between the political groups. The Conference of Delegation Chairs oversees the running interparliamentary delegations and delegations to the joint parliamentary committees. (49)
• The parliamentary committees handle legislative proposals and formulate legislation. Work is divided between standing (permanent) committees, which now number twenty, and temporary committees and committees of enquiry. There is also a separate Conciliation Committee, consisting of representatives of the European Parliament and the Council of Ministers, twenty-eight members from each body, which attempts to reach agreement on the wording of a legislative proposal. In contrast to the US Congress, which only has to deal with two political parties, the European Parliament must deal with the competing interests of multiple parties. In the EU, committee seats are divided based on several considerations, a balance of party affiliations, the seniority of MEPs, and the national interests of individual countries. As in the US, some committees are considered more prestigious than others, such as Foreign Affairs and International Trade, and therefore create greater competition for appointment.(50)
• Members of the European Parliament (MEPs) would seem to be the most obvious component of the EP. In 2019 the EP had 751 elected members. After Brexit was completed in 2020, the number had been reduced to 705 members. Some of the UK's former seats were held in reserve for future enlargement, while twenty-seven were reallocated to the remaining member states. France and Spain received the most seats from this reassignment.(51) The European Parliament consists of a single chamber or body, in contrast to the UK parliament, which is split into an upper chamber, the House of Lords, and a lower chamber, the House of Commons, or the US Congress, which is divided between the Senate, the upper chamber, and the House, the lower chamber. (It might be said that the European Commission or the Council of Ministers, separate institutions, serve as a form of upper chamber, since legislation passed by the European Parliament, must pass muster with those two bodies, effectively creating a bicameral legislature.)
• Political groups, the fourth element of the European Parliament, might seem out-of-place, as a formal component of the European Parliament. People in the UK and the US "belong to" political parties or "vote for" members of political parties, which go on to form governments. However, in the European Parliament, members of political parties, are assigned seats in the Parliament as a group, based on their party affiliation, rather than by country.(52)
• How the European Parliament is structured is one question. How a bill or legistation becomes law is another. The current, and preferred, process is known as the "ordinary legislative procedure," formerly known as the "codecision procedure." Under this procedure, a proposal for a new law must go through three readings, which are part of a six-step process: 1) The Commission sends a proposal for a new law to Parliament and the Council of Ministers; 2) First reading, when a plenary session of the Parliament votes on a report by a standing committee of its review of the proposal; 3) The Council, if it agrees with the proposal, adopts it, or negotiates changes; 4) Second reading, when Parliament discusses and adopts the proposal; 5) The proposal, with any changes, is forwarded to the Commission, which conducts a review, and forwards the proposal to the Council, which either adopts the proposal or rejects it, in which case, it goes to a conciliation committee to reconcile differences; 6) Third reading, when a proposal is reviewed, and if approved, adopted by the Parliament, in which case, it becomes law.(53)
• It should be noted that there is also what is known as a "special legislative procedure" in situations where legislation has not gone through all the formalities of the ordinary legislative procedure. Primarily these are situations where the European Parliament has acted in cooperation with the Council (without the involvement of the European Commission) or the Council has acted in cooperation with the European Parliament (without the involvement of European Commission). It is limited to specific cases provided for by the Treaties. Whether they take the form of regulations, directives, or decisions, they are considered "legislative acts."(54)
• The ability of the European Parliament to influence or control legislation, through its participatory activities, as well as a veto power over proposals, makes its legislative powers one of its most important powers. Another important power is its powers over the budget, since it has joint powers, with the Council of EU, over confirming the EU budget. The budget does not come into force unless the Parliament has adopted it and the president of the EP has signed it. A third power consists of several powers it can exercise, such as the right to debate the annual legislative power of the Commission, the power to take the Commission or the Council of the EU to the Court of Justice over alleged infringements of the Treaties, and, since 1994, the power to approve the appointment of the Commission president and all of the commissioners. One other extraordinary power is the power to force the resignation of the entire College of Commissioners through a motion of censure.(55)

4) Court of Justice of the European Union

• The Court of Justice is the highest court of the European court system, although there are several terms used which refer to various branches and courts. Under the Treaty of Lisbon the entire court system is known as the Court of Justice of the European Union, which is made up of two courts, the Court of Justice (CJ) (the official name) and the General Court. Somewhat confusing, the Court of Justice of the European Union (the name for the entire court system) is also known as the European Court of Justice.(56) While the Court of Justice might be considered the equivalent of the American Supreme Court, it is not quite identical, since there are differences. Where the US Supreme Court often deals with issues normally falling within the jurisdiction of state courts, such as criminal law, the European Court of Justice is confined to matters related to the EU treaties and conflicts between member states over treaty rights, while avoiding involvement in most laws created by member countries. It does not have jurisdiction over purely national laws, such as criminal and family law.
• The Court of Justice had its beginnings with the 1952 European Coal and Steel Community, as the Court of Justice of the European Coal and Steel Community (ECSC). Its primary mission was to deal with problems arising from the Treaty of Paris and to rule on the legality of decisions made by the ECSC High Authority, which mostly involved disputes between the member states and the national coal and steel industries, a specialized area of commercial law. While it operated for only five or so years, until the 1957 Treaty of Rome, it delivered 137 decisions. (57)
• In 1957 the Treaties of Rome created two courts, one for the European Economic Community (EEC) and another for the European Atomic Energy Community (Euratom). In addition a subsidiary agreement created a third court, a seven-member Court of Justice of the European Communities which had final jurisdiction over the treaties and their interpretation, and disputes between Community institutions and member states.(58) In the period leading up to the single market and the 1992 Maastricht Treaty, around 1987, the case load of the Court increased dramatically, creating a backlog of cases and increasing delays. To deal with this, the Single European Act (SEA) in 1989 created a subsidiary Court of First Instance which heard less complicated cases and issued preliminary rulings.(59) The Court of First Instance would be renamed the General Court by the Treaty of Lisbon in 2009.(60)
• The structure of the Court of Justice of the European Union (the entire court system) consists of four components: 1) the judges of the Court of Justice; 2) the president of the Court; 3) the advocates general; and 4) the General Court (formerly the Court of First Instance).(61) The Court of Justice is composed of one judge from each member state, appointed for six-year renewable terms. Following Brexit, the total number is down to twenty-seven. Although the full court has twenty-seven members, not all sessions involve the presence of all twenty-seven. A session where all twenty-seven judges attend is known as a plenary session, although eight judges constitute a quorum, and is usually reserved for the more important cases. The rest of the cases are heard in one of six Chambers of three or four members. For some cases, the Court may sit as a 'Grand Chamber' of 13 or 15 members.(62) The Court is based in Luxembourg and conducts most of its activities in French.(63)
• The president of the Court is elected by the judges from among their own number in a secret ballot by majority vote for a three-year renewable term. Presidential duties include presiding over meetings of the Court, assigning cases to Chambers, appointing judge-rapporteurs (judges of the Court who prepare preliminary reports on a case), and deciding the dates for hearings.(64)
• The advocates-general, eleven in number, are a form of legal consultant or advisor, who review cases as they come in, study the relevant arguments, and deliver preliminary opinions. Like judges, they are appointed for renewable six-year terms.(65)
• The General Court operates in much the same manner as the Court of Justice, largely dealing with lesser cases or specialized areas, such as aspects of competition, actions brought against the Commission under the Treaty of Paris, and disputes between EU institutions and their staff. There has been some tension between smaller EU states and larger states over enlarging the number of courts and therefore member positions, the fear being that the larger states would gain a greater number of positions in newer courts. The result was that the General Court was doubled in size between 2015-2019 to fifty-six members. Members are selected for six-year terms and the president is elected by the judges to serve a renewable three-year term.(66)
• The types of cases which come before the EU courts, or which can be classified by decisions rendered by the courts, fall into three general categories: opinions, referrals, and disputes. Opinions are opinions given by the Court on international agreements to which the EU is a party. Referrals are preliminary rulings by the Court on cases referred to the Court by the national courts of member states, where the national court believes EU law may significantly impact the case. Disputes refer to disputes involving the EU, such as between the EU and member states or between member states, or between EU institutions or between individuals and the EU.(67) It might be said that much of the Court's power is based more on its perceived legitimacy, or the willingness to accept its rulings by the parties involved. The only real enforcement power it has is the power to levy fines against member states, which was provided by the 1991 Treaty on European Union (TEU)(Maastricht Treaty)(68) The sources of EU law generally fall into three categories: 1) primary law; 2) secondary law; and 3) supplementary law. Primary law relates to the EU treaties, and specifically the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) (the 2009 Lisbon Treaty revision). Secondary law is generally the legislation enacted as regulations and directives. Supplementary law relates to the body of case law that has been developed by the Court of Justice since the 1950s, which is the special domain of the Court.(69)

Policy and Advisory

5) European Council

• The European Council is an institution which consists of the heads of state or government of European Union member states, their foreign ministers, and senior officials of the European Commission.(70) It currently has twenty-seven members, one for each of the member states. While it has been recognized as an EU institution since 2009, under the Liabon Treaty, it has not been empowered to legislate. It does not adopt laws, but serves in more of an advisory capacity, providing guidance, serving as a forum for ideas, and, through representation by its member states, allowing EU citizens a form of democratic participation, with the goal of determining the general political direction and priorities of the European Union. It was created in 1974 at the Paris Summit, more as an informal discussion forum or agreement to hold future meetings, and was given a formal status in 1987, under the Single European Act (SEA).(71) In 1992, under the Maastricht Treaty, it was given added responsibilities and. following the 2009 Lisbon Treaty, was structured to be headed by a President, to be elected by a qualified majority, for a term of two-and-a-half years.(72) Since 2003, all formal meetings have been held in Brussels, with meetings typically scheduled to take place four times a year.(73)

Administrative/Regulatory/Oversight

6) European Central Bank

• The European Central Bank (ECB) is considered one of the seven European institutions. In some ways, it seems out of place, to be placed on a par with the European Parliament or the Court of Justice. On the other hand, there's no denying that the economy, financial activities, and banking are fundamental to the well-being, even survival, of nearly all governments and countries. Perhaps its main responsibilities or functions are managing the euro, including the power to issue the euro, guiding monetary policy, and setting interest rates for the eurozone.(74)
• The European Central Bank (ECB) was formally established in June 1998. Its origins go back a little further, to the 1991 Maastricht Treaty (Treaty on European Union)(TEU), which set a preliminary creation date between 1997 and 1999.(75) Even before that there had been ideas floating for a European monetary system. In December 1969, when the European Communities (EC) consisted of just the Six - the six founder members of the European Communities: Belgium, France, the Federal Republic of Germany, Italy, Luxembourg, and the Netherlands - the countries met for what would be known as the Hague Summit. Among the proposals adopted was the goal of creating a full economic and monetary union, with a target of 1980.(76) In order to further that goal the European Monetary Co-Operation Fund (EMCF) was established in 1973. In January of that year the UK, Denmark, and Ireland had joined the European Economic Community (EEC), bringing the membership to nine.(77) When the 1991 Maastricht Treaty came into effect, the EMCF was replaced by the European Monetary Institute (EMI)(78) In 1993 it was agreed that the European Central Bank (ECB) would be located in Frankfurt am Main, Germany, although this was part of the planning process, since the ECB would only be formally established in June 1998, effectively replacing the European Monetary Institute.(79) Along with the European Central Bank (ECB), the European System of Central Banks (ESCB) would also be established in 1998. The ESCB consists of the national central banks of the European Union member states, along with the ECB.(80) The euro had been adopted in 1995, replacing the European Currency Unit (ECU), but the conversion rates of the participating member states would not be fixed against the euro until January 1, 1999.(81)
• The European Central Bank, in structure, consists of three main organizational units: 1) the Governing Council; 2) the Executive Board; and 3) the General Council.(82) The Governing Council, although described as an organizational unit of the ECB, is not really a department within the bank, but is part of a broader body, the monetary authority called the Eurosystem, which is responsible for matters involving the eurozone. The eurozone consists of the 19 member states participating in the economomic and monetary union (EMU) and have adopted the euro. The principal goal of the Eurosystem is to maintain price stability, along with financial stability and financial integration. The 25-member Governing Council comprises all the members of the Executive Board of the European Central Bank, as well as the nineteen governors and/or presidents of all the national central banks where the euro has been adopted. Decisions are by majority vote, perhaps the most important being the setting of interest rates.(83)
• The Executive Board of the ECB consists of the president, the vice-president, and four other members, appointed from the member states to serve nonrenewable terms of eight years. The board manages the day-to-day business of the Bank and implements eurozone monetary policy in accordance with Governing Council decisions. The General Council is composed of the central bank governors of the EU member states and serves as a liaison between those states which have adopted the euro (are part of the Eurozone) and those which have not.(84)

7) European Court of Auditors

• The European Court of Auditors (ECA), or Court of Auditors. was established in 1977, under the 1975 Treaty of Brussels. Prior to that time, there were separate auditing bodies for the European Economic Communities (EEC)/Euratom and for the European Coal and Steel Community (ECSC). Based in Luxembourg, it consists of one individual from each member state, with appointments subject to unanimous approval by the Council of the European Union (Council of Ministers or the Council) for renewable six-year terms. The members of the Court must belong to and external audit body in their own country or have other appropriate qualifications. The president is elected from among the Court's members for a renewable three-year term.(85) Cases of fraud and other financial irregularities are referred to the European Anti-Fraud Office/Office europêen de lutte antifraude (OLAF), an independent office within the European Commission, established in April 1999. While it is responsible for combating fraud against the European Union (EU) budget and corruption and serious misconduct within the EU institutions, it also deals with transnational organized crime and any fraud or illegal activity prejudicial to the budget.(86)

Specialized Advisory and Compliance Agencies

The Eight Bodies

• The EU has given certain functional agencies or bodies a special status with inclusion in "The Eight Bodies" category. If nothing else that status provides an indication of how the EU ranks the importance of the functional areas or EU goals they serve. It might be noted that two of the eight are related to data protection and privacy. Whether that is related to the current news cycle, with all the reports of cyber attacks and breaches, is hard to say. It is true that, with the reliance on the Internet and electronic communications, cyber security has taken on added importance, since it can impact nearly every other area, even economies and international relations. Some serve in an advisory capacity, while others act to ensure compliance with EU rules. The bodies are: 1) the European External Action Service (EEAS); 2) the European Economic and Social Committee (EESC); 3) the European Committee of the Regions (CoR); 4) the European Investment Bank (EIB); 5) the European Ombudsman; 6) the European Data Protection Supervisor (EDPS); 7) the European Data Protection Board (EDPB); and 8) the European Public Prosecutor's Office (EPPO).(87)

1) European External Action Service (EEAS)

• The European External Action Service (EEAS) might be considered the European Union's diplomatic service or a form of Ministry of Foreign Affairs or at least serves in an advisory or supporting role. It does not serve as a substitute for the diplomatic services of the EU member states, which set their own foreign policy, but does work in co-operation with them. It is staffed by a mix of officials from the European Commission, the Council Secretariat, and seconded diplomats from the member states. The EEAS was formally established in December 2010 following the entry into force of the Treaty of Lisbon in December 2009. It assists the High Representative of the Union for Foreign Affairs and Security Policy (88)

2) European Economic and Social Committee (EESC) (ESC) (ECOSOC)

• The European Economic and Social Committee (EESC) is primarily an advisory body, which provides a forum for discussion with the goal of influencing policy. The EESC was one of the main European Communities bodies set up by the 1957 Treaty of Rome. It was established as a non-political body that enables those active in economic and social fields to voice opinions on EC policy formulation. Its overall focus is on civil society issues, as opposed to international relations or regional issues, and, as such, has tried to include categories, such as workers, employers, and other groups, such as farmers, consumers, and the self-employed. In terms of policy issues, its work can be divided into six main areas of interest and activity: 1) agriculture, rural development and the environment; 2) economic and monetary union and economic and social cohesion; 3) employment, social affairs and citizenship; 4) external relations; 5) the single market, production and consumption; and 6) transport, energy, infrastructure and the information society. (89)
• Membership is drawn from national interest groups throughout the member states. Members are nominated by national governments and are appointed for a renewable five-year term. Although each member state has some representation, membership is something of a weighted representation, with larger states being given a larger number of members. In 2021, the number of members totalled 329. While it serves a purely advisory function, the European Commission and the Council of the European Union, by mandate, are required to consult it on many issues before they can arrive at a decision. At the same time, its influence has been declining, as many of the groups it seeks to represent have found more effective means of influencing policy. (90)

3) European Committee of the Regions (CoR)

• The European Committee of the Regions (CoR) is an advisory body representing regional and local authorities. While CoR is a representative body, consisting of 329 members, after Brexit, chosen by the member states, but appointed by the Council of Ministers for renewable four-year terms, its foundational basis was an economic one - the need to address disparities in wealth and income between the economically-stronger regions and member states, such as Germany, and the poorer regions and states, such as Spain and Poland.(91) The CoR was established by the 1991 Treaty on European Union, but only held its first meeting in January 1994. Based in Brussels, it meets in plenary session five times a year. While it serves primarily in an advisory role, it must be consulted by the Commission and the Council of Ministers on certain matters.(92)
• The Committee of the Regions grew out of three earlier bodies: 1) the European Regional Development Fund (ERDF), created in 1975; 2) the ad hoc Assembly of European Regions, created in 1985; and 3) the Consultative Council of Regional and Local Authorities, created in 1988. The European Regional Development Fund resources originally did not go exclusively to the poorest regions of the European Communities (EC). Instead, each member state was allocated a percentage quota of the fund, against which it could bid for support. (93)

4) European Investment Bank (EIB)

• The European Investment Bank (EIB) is the lending arm of the European Union.(94) The EIB was set up by the Treaty of Rome in 1958 as a separate and autonomous institution within the European Communities. Based in Luxembourg, it primarily provides long-term financing, with large loans for capital projects, it rarely lends more than half the total investment cost of a project. Its single biggest project was the Eurotunnel between the UK and France, which opened in 1994. While its original goal was to help the process of European Union (EU) integration, it can make loans to non-EU members. Preference must be given to projects that help the poorer regions of the EU and which promote transport and communications networks, environmental protection, energy conservation, and the modernization and improved competitiveness of EU industries. While it maintains regional offices throughout Europe, it also has offices in Africa and the Middle East, including Egypt, Morocco, South Africa, Turkey, and Tunisia. (95)
• Overseeing the EIB is the Board of Governors, normally consisting of the finance ministers of the member states, which normally meets only once a year. The Board of Governors appoint a decision-making, part-time, board of directors, consisting of representatives from all the member states, plus a representative from the European Commission, which supervises daily operations. Daily operations are supervised by a Management Committee, composed of the Bank's President and eight Vice-Presidents, nominated by the Board of Directors and appointed by the Board of Governors for renewable six-year terms.(96) In 1994, the EIB, along with the European Union (represented by the European Commission) and a group of 76 banks and financial institutions in the EU established the European Investment Fund (EIF), which the European Investment Bank administers. Its main task was to provide loan guarantees to financial institutions for infrastructure projects and loans to small and medium-sized enterprises (SMEs), and much of its recent lending has been focused on this area.(97)

5) European Ombudsman

• The Ombudsman is an independent body created by the Treaty on European Union (TEU) to deal with complaints of maladministration in European Union (EU) institutions. Appointments to the post are made by the European Parliament. Its primary duty is to conduct investigations of complaints received from citizens or from businesses or other interest groups working in the EU and to attempt to resolve any issues of concern. The Ombudsman submits an annual report on its activities to the European Parliament.(98)

6) European Data Protection Supervisor (EDPS)

• The European Data Protection Supervisor (EDPS) is an independent data protection authority with overall responsibility for monitoring the protection of personal data and privacy when EU institutions and bodies are involved. In contrast to the European Data Protection Board (EDPB), which focuses more on the General Data Protection Regulation (GDPR), the EDPS monitors the EU itself in the data protection and privacy areas, formulates policy, and advises institutions on activities. It serves in an advisory capacity to EU institutions and bodies, consulting on proposals for legislations, monitors developments and provides oversight for new and evolving technologies. Generally it serves as an information source to EU institutions and agencies. It also provides policy guidance in the data protection and privacy areas.(99)

7) European Data Protection Board (EDPB)

• The European Data Protection Board (EDPB) is an independent EU body which focuses primarily on the twin areas of the General Data Protection Regulation (GDPR) and the Law Enforcement Directive (LED). The EDPB was created by the EU General Data Protection Directive, adopted on April 27, 2016, and applicable from May 25, 2018. As such it must deal with data protection laws at the national lever (within the EU) and at the cross-border level (internationally). The Protection Board is composed of the heads of the national data protection authorities (Supervisory Authorities) - the data protection boards of each EU member state - in the European Economic Area (EEA), plus the European Data Protection Supervisor (EDPS). The Secretariat, or administrative unit, of the EDPB, is based in Brussels, within the facilities of the European Data Protection Superisor (EDPS).(100)

8) European Public Prosecutor's Office (EPPO)

• The European Public Prosecutor's Office (EPPO) was established by regulation adopted in late 2017. It also entered into force at the same time.(101) Its headquarters is in Luxembourg. It had first been proposed in the 2004 Treaty Establishing a Constitution for Europe, although, since the Treaty was not ratified, it was shelved.(102) It was formally provided for by the 2009 Treaty of Lisbon. Due to political disagreements over the appointment of the Chief Prosecutor, the EPPO did not begin operations until June 2021.(103) Investigations and prosecutions were primarily offenses against the Union's financial interests, i.e., financial crimes, cross-border VAT fraud, corruption involving the EU's financial interests or fraud against the EU budget, such as misappropriation of EU funds by a public official, whichwere beyond the jurisdiction of national agencies. While initial steps were focused more on co-operation with police agencies, such as EUROPOL, dealing with threats to internal security, such as acts of terrorism, international drug trafficking, and money laundering, the ultimate goal was to take a more active role with expanded responsibilities.(104) (It should be kept in mind that the European Union does not have a separate "federal" criminal statute system, which might cover violent crimes, such as murder or robbery, and there is no EU "federal" prison system to hold EU convicts or prisoners. Crimes such as murder and robbery are left to the laws of EU member states.)

Interinstitutional Services

Four interinsitutional services

• There are four interinstitutional services which provide support for EU agencies and bodies in various areas: 1) Computer Emergency Response Team (CERT-EU); 2) European School of Administration; 3) European Personnel Selection Office (EPSO); and 4) Publications Office.(105)

1) Computer Emergency Response Team (CERT-EU)

• The Computer Emergency Response Team (CERT-EU) manages threats to EU institutions' computer systems - supporting IT security teams in each EU institution and liaising with public sector CERT counterparts in EU countries. It was established in 2012.(106)

2) European School of Administration

• The European School of Administration provides training for EU staff in specific areas and works in close cooperation with the training departments of the institutions. It was established in 2005.(107)

3) European Personnel Selection Office (EPSO)

• The European Personnel Selection Office (EPSO) is essentially the EU's human resources department. It helps determine staffing needs, recruits and screens candidates, through competitions, to work for EU institutions and agencies. It was established in 2003.(108)

4) Publications Office of the European Union

• The Publications Office is the official provider of publishing services to all EU institutions, bodies, and agencies. As such, it serves as the central point of access for EU laws, publications, open data, research results, procurement notices, and other official information. It was established in 1969.(109)

Thirty Plus Agencies

The Thirty Plus Agencies

• There are a number of decentralized agencies, currently over 30, considered distinct from the EU institutions. They are said to have their own legal personalities and are set up for indefinite periods. They deal with various issues in areas dealing with the health and well being of ordinary EU citizens. Examples include food, medicine, justice, transport safety, drug addiction, and the environment.

Common foreign and security policy agencies

Three foreign and security policy agencies

• There are three agencies which provide technical, scientific, and management tasks in the foreign policy and security areas.

1) European Defence Agency (EDA)

• The European Defence Agency (EDA) supports the development of defence capabilities and military cooperation between EU countries. It was established in July 2004 to improve European defence capabilities in the field of crisis management and to sustain and improve the Common Security and Defence Policy, an effort to assume a greater role and defence matters. Its principle functions relate to defence capabilities development; armaments co-operation; the European defence technological and industrial base and defence equipment market, and research and techology. It also provides a forum for defence ministers to meet. (110)

2) European Union Institute for Security Studies

• The European Union Institute for Security Studies analyses foreign, security, and defence policy issues, providing studies and analysis, organizing discussion forums, and contributing to debates.(111)

3) European Union Satellite Centre

• The European Union Satellite Centre provides geospatial intelligence products and services, primarily by analysing data from Earth observation satellites. It provides decision makers with early warnings of developing events and potential crises in order to enable the taking of preventive measures or allocation of aid resources.(112)

Euratom agencies and bodies

Euratom agencies and bodies

• There are 2 Euratom agencies and bodies which were set up to support the aims of the 1957 European Atomic Energy Community Treaty (EURATOM), which were to coordinate national nuclear research programs for peaceful purposes; to provide knowledge, infrastructure, and funding for nuclear energy; and to ensure sufficient and secure supplies of nuclear energy. EURATOM may have been started with the goal of creating a European-wide market and agency, the interest of individual countries in their own programs, largely relegated EURATOM to a research role.(113)

1) Euratom Supply Agency

• The Euratom Supply Agency ensures a regular and equitable supply of nuclear fuels to EU users. It enhances the security of supply to users in the European Union. (114)

2) Fusion for Energy Joint Undertaking

• A joint undertaking which manages the EU's contribution to the ITER (originally, the International Thermonuclear Experimental Reactor) project, designed to demonstrate the scientific and technological feasibility of fusion power. (115)

Non-EU Organizations

Council of Europe

• The Council of Europe is an organization formed in 1949, with the Treaty of Westminster, signed by 10 states.(116) The Council of Europe is not a European Union (EU) organization and should not be confused with the European Union's Council of the European Union or the EU's European Council, which is the EU's body consisting of the heads of state of the EU member states. The Council of Europe has permanent offices in Strasbourg, France, had grown to 47 members, including the Russian Federation, but reduced to 46, since Russia was expelled following the invasion of Ukraine.(117) In 1950 it secured agreement on a European Convention on Human Rights, with the creation of a European Commission of Human Rights and a European Court of Human Rights.(118) The European Convention on Human Rights (ECHR), while "solemnly proclaimed" was not incorporated into the Lisbon Treaty and thus not officially adopted by the EU.(119) The ECHR is not the same thing as the Charter of Fundamental Rights (CFR), (proclaimed in 2000 and adopted by the Treaty of Lisbon in 2009) or the Charter of Fundamental Social Rights of Workers, the social charter, adopted in 1989. The Charter of Fundamental Rights (CFR) is more of an aspirational statement of societal goals rather than actual legal requirements. It is broken down into seven chapters covering Dignity, Freedom, Equality, Solidarity, Citizen's Rights Justice and General Provisions and within those categories, sets out what are considered individual rights, such as those to life, liberty and freedom, education, non-descrimination, good administration, and a fair trial.(120)
• The Council of Europe consists of two main bodies: a Committee of Ministers and an Assembly. The Council of Ministers consists of the foreign ministers of from all member states, with each state having one vote and a veto. It is essentially a discussion group which can only make recommendations, since the member states are not obligated to accept decisions of the Council of Europe. The Assembly is, similarly, more of a discussion chamber, since it can only make recommendations to the Committee of Ministers, which can ignore or reject them. It is composed of national parliamentarians from all member states. In 1974, it was renamed the Parliamentary Assembly of the Council of Europe (PACE). Its major focus has been the preparation of parliamentary reports on specific subjects. Subject areas, more recently, have included rendition flights and the abolition of the death penalty in Europe, along with regular reports on the human rights situation across Europe.(121)
• The Council of Europe did secure agreement on a European Convention on Human Rights, signed in Rome in November 1950, which came into operation in September 1953. It also agreed to establish a European Commission of Human Rights and a European Court of Human Rights, which would be set up in January 1959, with its first session held in February 1959. The Convention on Human Rights sets out a number of what might be considered fundamental rights, societal norms, or expectations, in different areas: 1) the right to life; 2) the right to a fair hearing; 3) the right to respect for private and family life; 4) freedom of expression; 5) freedom of thought, conscience and religion; and the protection of property. Certain activities are specifically prohibited by the Convention: 1) torture and inhuman or degrading treatment or punishment: 2) slavery and forced labor; 3) the death penalty; 4) arbitrary and unlawful detention; and 5) discrimination in the enjoyment of the rights and freedoms set out in the Convention.(122) While all the member states of the European Union are signatories to the Convention, the EU did not formally adopt the Convention. The EU did draw up its own Charter of Fundamental Rights, proclaimed in 2000.(123)

International Court of Justice

• The International Court of Justice (ICJ) is a judicial organ of the United Nations which settles or attempts to settle international, mostly trade disputes, between nations. The ICJ has a number of methods available to settle disputes: negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, and resort to regional agencies or arrangements.(124) There had been negotiations over the ICJ's creation at the San Francisco Conference, which took place from April to June 1945, to draw up the United Nations Charter. Its creation can be dated to February 6, 1946, when the election of its first members took place at the First Session of the United Nations General Assembly and Security Council. Its first case was submitted in May 1947.(125)
• The modern history of international arbitration is generally recognized as dating from the so-called Jay Treaty of 1794 between the United States and Great Britain. This was followed by the Treaty of Washington of 1871, again between the United States and the United Kingdom, intended to deal with disputes arising from the American Civil War. The Hague Peace Conference of 1899 produced the 1899 Convention on the Pacific Settlement of International Disputes which included the establishment of the institution known as the Permanent Court of Arbitration (PCA) in 1900. Located in The Hague, Netherlands, the PCA began operating in 1902. While the PCA continues to this day, it was felt that there were shortcomings in its ability to deal with disputes. Following the end of the First World War it was decided to create a new body, called the Permanent Court of International Justice (PCIJ). The Assembly of the League of Nations approved its creation and its first sitting was held in February 1922. Its permanent location was at the Peace Palace in The Hague, which it shared with the Permanent Court of Arbitration.(126)
• The outbreak of World War Two, in September 1939, effectively ended the work of the PCIJ. Its last order was issued on February 26, 1940. Its last meeting came at the end of the War, in October 1945, although it primarily dealt with the transference of it records and duties to the newly created International Court of Justice, which would remain in the same building, the Peace Palace, in The Hague. One last official act took place on January 31, 1946, when all the judges of the PCIJ resigned. Election of the members of the new International Court of Justice took place on February 6, 1946. In April 1946, the PCIJ was formally dissolved.(127)

International Criminal Court (ICC)

• The International Criminal Court (ICC) was established by its founding treaty, called the Rome Statute, adopted on July 17, 1998 by a United Nations Diplomatic Conference, and which entered into force on July 1, 2002. The seat of the court is in The Hague, the Netherlands. Its jurisdiction is said to be limited to the most serious international crimes, but lists four crimes specifically: 1) the crime of genocide; 2) crimes agains humanity; 3) war crimes; and the crime of aggression. While the ICC maintains a detention centre to hold those detained by the ICC facing charges, it does not have a facility to house those serving sentences after conviction. Sentences are served in a national facility of one of the treaty member states which has agreed to accept the convicted individual.(128)

European Court of Human Rights

• The European Court of Human Rights is an international court set up in 1959 to deal with violations of the European Convention on Human Rights, signed on November 4, 1950 in Rome. The Convention entered into force in September 1953. The Convention on Human Rights (full title European Convention for the Protection of Human Rights and Fundamental Freedoms) sets out a number of what might be considered fundamental rights, societal norms, or expectations, in different areas: 1) the right to life; 2) the right to a fair hearing; 3) the right to respect for private and family life; 4) freedom of expression; 5) freedom of thought, conscience and religion; and the protection of property. Certain activities are specifically prohibited by the Convention: 1) torture and inhuman or degrading treatment or punishment: 2) slavery and forced labor; 3) the death penalty; 4) arbitrary and unlawful detention; and 5) discrimination in the enjoyment of the rights and freedoms set out in the Convention.(129)
• The Court of Human Rights is based in Strasbourg, France, in the Human Rights Building. The first members of the Court were elected by the Consultative Assembly of the Council of Europe in January 1959 and it held its first session in February 1959. It monitors human rights issues of the 46 Council of Europe member states that have ratified the European Convention on Human Rights. (130) The European Convention on Human Rights should not be confused with the Charter of Fundamental Rights (CFR), which was proclaimed by the President of the European Commission, the Council of the European Union, and the European Parliament at the Nice summit meeting of the European Council in December 2000. It comprises seven chapters covering Dignity, Freedoms, Equality, Solidarity, Citizen's Rights, Justice, and General Provisions. Within the seven chapters are 54 articles which provide for individual rights, such as life, liberty and freedom, education, non-discrimination, good administration, and a fair trial. It was only "proclaimed" but not adopted as a legally binding document. As part of the negotiations leading up to the Treaty of Lisbon, it was proclaimed again on December 12, 2007. It became legally binding on member states upon the entry into force of the Treaty of Lisbon in December 2009. (131)
• Or did it? There is some question, based on Article 6, as to whether the Charter of Fundamental Rights was officially incorporated into the Lisbon Treaty but only "solemnly proclaimed."(132)

Notes

• 1) Toni Haastrup, Lee McGowan and David Phinnemore, A Dictionary of the European Union, 195, 10th ed., (London and New York: Routledge, 2021).
• 2) From the EU's official website: See European Union - Types of institutions and bodies at https://european-union.europa.eu/institutions-law-budget/institutions-and-bodies/types-institutions-and-bodies_en, accessed on September 4, 2024; see also Id. Haastrup et al, Dictionary, at 305.
• 3) From the Council of Europe official website: See The Council of Europe in brief at http://www.coe.int, accessed on September 4, 2024; see also Haastrup et al, Dictionary, at 97-99.
• 4) Jonathan Olsen, The European Union: Politics and Policies, 79, 81, 7th ed., (New York and London: Routledge, 2021); see also Haastrup et al, Dictionary, 192.
• 5) Olsen, The European Union, 36.
• 6) Haastrup et al, Dictionary, 346; see also Olsen,The European Union, 80.
• 7) Haastrup et al, Dictionary, 192.
• 8) Olsen, The European Union, 90-93.
• 9) Haastrup et al, Dictionary, 192; see also Olsen,The European Union, 80.
• 10) Olsen, The European Union, 81.
• 11) Olsen, The European Union, 81.
• 12) Olsen, The European Union, 84.
• 13) Haastrup et al, Dictionary, 194; see also Olsen,The European Union, 84.
• 14) Haastrup et al, Dictionary, 195; see also Olsen,The European Union, 86.
• 15) Olsen, The European Union, 84-85.
• 16) Haastrup et al, Dictionary, 185; see also Olsen,The European Union, 87-88.
• 17) Olsen, The European Union, 90.
• 18) Olsen, The European Union, 90.
• 19) Haastrup et al, Dictionary, 185.
• 20) Olsen, The European Union, 83, 132.
• 21) Haastrup et al, Dictionary, 185.
• 22) Haastrup et al, Dictionary, 232.
• 23) Olsen, The European Union, 97.
• 24) Olsen, The European Union, 98-99.
• 25) Haastrup, Dictionary, 346; see also Olsen,The European Union, 99.
• 26) Haastrup, Dictionary, 346; see also Olsen,The European Union, 99.
• 27) Olsen, The European Union, 99.
• 28) Olsen, The European Union, 100.
• 29) Olsen, The European Union, 100.
• 30) Haastrup, Dictionary, 99.
• 31) Olsen, The European Union, 100-101.
• 33) Haastrup, Dictionary, 102; see also Olsen,The European Union, 102.
• 34) Olsen, The European Union, 103.
• 35) Olsen, The European Union, 103.
• 36) Haastrup, Dictionary, 102; see also Olsen,The European Union, 104.
• 37) Haastrup, Dictionary, 225; see also Olsen,The European Union, 116.
• 38) Olsen, The European Union, 116.
• 39) Olsen, The European Union, 117.
• 40) Haastrup, Dictionary, 225; see also Olsen,The European Union, 117.
• 41) Haastrup, Dictionary, 226.
• 42) Haastrup, Dictionary, 98.
• 43) Haastrup, Dictionary, 226; see also Olsen,The European Union, 118.
• 44) Olsen, The European Union, 119.
• 45) Olsen, The European Union, 119.
• 46) Olsen, The European Union, 119.
• 47) Olsen, The European Union, 87, 104, 119.
• 48) Olsen, The European Union, 120.
• 49) Olsen, The European Union, 121-122.
• 50) Olsen, The European Union, 122-123.
• 51) Olsen, The European Union, 123.
• 52) Olsen, The European Union, 124-125.
• 53) Olsen, The European Union, 130; see also Paul Craig and Gráinne de Búrca, EU LAW Text, Cases, and Materials, 158-161, Seventh Edition, (Oxford: Oxford University Press, 2020)
• 54) Paul Craig and Gráinne de Búrca, EU LAW Text, Cases, and Materials, 158-164.
• 55) Olsen, The European Union, 129-132.
• 56) Haastrup, Dictionary, 103; see also Olsen,The European Union, 136.
• 57) Olsen, The European Union, 137.
• 58) Olsen, The European Union, 137.
• 59) Olsen, The European Union, 136, 143.
• 60) Olsen, The European Union, 143.
• 61) Olsen, The European Union, 139.
• 62) Haastrup, Dictionary, 104; see also Olsen,The European Union, 139, 142.
• 63) Olsen, The European Union, 140, 142.
• 64) Olsen, The European Union, 142.
• 65) Haastrup, Dictionary, 104; see also Olsen,The European Union, 142.
• 66) Olsen, The European Union, 144.
• 67) Haastrup, Dictionary, 104.
• 68) Haastrup, Dictionary, 106.
• 69) Haastrup, Dictionary, 329.
• 70) From the European Council website: See European Council at https://www.consilium.europa.eu/en/european-council, accessed on September 4, 2024; see also The Council of the European Union at https://www.consilium.europa.eu/en/council-eu, accessed on September 4, 2024; see also the European Union website: European Union Council of the European Union at https://european-union.eu/institutions-law-budget/institutions-and-bodies/search-all-eu-institutions-and-bodies/council-european-union_en, accessed on September 4, 2024; see also Haastrup, Dictionary, at 200.
• 71) Haastrup, Dictionary, 200-201, 421-422, 444; see also Olsen,The European Union, 107.
• 72) Haastrup, Dictionary, 201-202; see also Olsen,The European Union, 108.
• 73) Haastrup, Dictionary, 201.
• 74) Haastrup, Dictionary, 189; see also Olsen,The European Union, 153.
• 75) Haastrup, Dictionary, 189.
• 76) Haastrup, Dictionary, 144, 288.
• 77) Haastrup, Dictionary, 220.
• 78) Haastrup, Dictionary, 221.
• 79) Haastrup, Dictionary, 189.
• 80) Haastrup, Dictionary, 242.
• 81) Haastrup, Dictionary, 176-177.
• 82) Haastrup, Dictionary, 190; see also Olsen,The European Union, 154.
• 83) Haastrup, Dictionary, 190; see also Olsen,The European Union, 154.
• 84) Olsen, The European Union, 154.
• 85) Haastrup, Dictionary, 202-203; see also Olsen,The European Union, 161.
• 86) Haastrup, Dictionary, 185.
• 87) From the EU's official website: See European Union - Types of institutions and bodies at https://european-union.europa.eu/institutions-law-budget/institutions-and-bodies, accessed on September 4, 2024.
• 88) From the EU's official website: See European External Action Service at https://institutions-law-budget/institutions-and-bodies/european-external-action-service-eeas_en; see also Haastrup, Dictionary, at 210.
• 89) Haastrup, Dictionary, 205-206.
• 90) Haastrup, Dictionary, 205-207.
• 91) From the EU's official website: See European Committee of the Regions at https://institutions-law-budget/institutions-and-bodies/search-all-eu-institutions-and-bodies/european-committee-regions-cor_en; see also Haastrup, Dictionary, 62; see also Olsen,The European Union, 163.
• 92) Haastrup, Dictionary, 62-63; see also Olsen,The European Union, 163.
• 93) Haastrup, Dictionary, 234; see also Olsen,The European Union, 163.
• 94) From the EU's official website: See European Investment Bank at https://institutions-law-budget/institutions-and-bodies/search-all-eu-institutions-and-bodies/european-investment-bank-eib_en; see also Haastrup, Dictionary, 215.
• 95) Haastrup, Dictionary, 215; see also Olsen,The European Union, 157.
• 96) Olsen, The European Union, 157.
• 97) Haastrup, Dictionary, 217.
• 98) From the EU's official website: See European Ombudsman at https://institutions-law-budget/institutions-and-bodies/search-all-eu-institutions-and-bodies/european-ombudsman_en; see also Haastrup, Dictionary, 371.
• 99) From the EU's official website: See European Data Protection Supervisor at https://institutions-law-budget/institutions-and-bodies/search-all-eu-institutions-and-bodies/european-data-protection-supervisor-edps_en.
• 100) From the EU's official website: See European Data Protection Board at https://institutions-law-budget/institutions-and-bodies/search-all-eu-institutions-and-bodies/european-data-protection-board-edpb_en.
• 101) From the European Public Prosecutor's Office official website: See The independent public prosecution office of the EU at https://www.eppo.europa.eu/en/about/background, accessed on November 25, 2024; see also Haastrup, Dictionary, 232; see also Paul Craig and Gráinne de Búrca, EU LAW Text, Cases, and Materials, 1015-1016, Seventh Edition, (Oxford: Oxford University Press, 2020)
• 102) From the European Public Prosecutor's Office official website: See The independent public prosecution office of the EU at https://www.eppo.europa.eu/en/about/background, accessed on November 25, 2024; see also Haastrup, Dictionary, 459.
• 103) From the European Public Prosecutor's Office official website: See The independent public prosecution office of the EU at https://www.eppo.europa.eu/en/about/background, accessed on November 25, 2024; see also Haastrup, Dictionary, 232.
• 104) From the European Public Prosecutor's Office official website: See The independent public prosecution office of the EU at https://www.eppo.europa.eu/en/about/background, accessed on November 25, 2024; see also The independent public prosecution office of the EU at https://www.eppo.europa.eu/en/about/mission-and-tasks, accessed on November 25, 2024; From the European Public Prosecutor's Office official website: see also The independent public prosecution office of the EU at https://www.eppo.europa.eu/en/about/structure-and-characteristics, accessed on November 25, 2024; see also Haastrup, Dictionary, 248; see also Paul Craig and Gráinne de Búrca, EU LAW Text, Cases, and Materials, 1015-1016, Seventh Edition, (Oxford: Oxford University Press, 2020)
• 105) From the EU's official website: See European Union - Types of institutions and bodies at https://european-union.europa.eu/institutions-law-budget/institutions-and-bodies/types-institutions-and-bodies_en, accessed on September 4, 2024.
• 106) From the EU's official website: See Computer Emergency Response Team (CERT-EU) at https://institutions-law-budget/institutions-and-bodies/search-all-eu-institutions-and-bodies/cybersecurity-service-union-institutions-bodies-offices-and-agencies-cert-eu_en.
• 107) From the EU's official website: See European School of Administration at https://institutions-law-budget/institutions-and-bodies/search-all-eu-institutions-and-bodies/european-school-administration_en.
• 108) From the EU's official website: See European Personnel Selection Office (EPSO) at https://institutions-law-budget/institutions-and-bodies/search-all-eu-institutions-and-bodies/european-personnel-selection-office-epso_en.
• 109) From the EU's official website: See The Publications Office of the European Union at https://institutions-law-budget/institutions-and-bodies/search-all-eu-institutions-and-bodies/publications-office-european-union-op_en.
• 110) Haastrup, Dictionary, 80, 204.
• 111) From the EU's official website: See European Union - Types of institutions and bodies at https://european-union.europa.eu/institutions-law-budget/institutions-and-bodies/types-institutions-and-bodies_en, accessed on September 4, 2024.
• 112) From the EU's official website: See European Union - Types of institutions and bodies at https://european-union.europa.eu/institutions-law-budget/institutions-and-bodies/types-institutions-and-bodies_en, accessed on September 4, 2024.
• 113) From the EU's official website: See European Union - Types of institutions and bodies at https://european-union.europa.eu/institutions-law-budget/institutions-and-bodies/types-institutions-and-bodies_en, accessed on September 4, 2024; see also Haastrup, Dictionary, 186; Olsen, The European Union, 38.
• 114) From the EU's official website: See European Union - Types of institutions and bodies at https://european-union.europa.eu/institutions-law-budget/institutions-and-bodies/types-institutions-and-bodies_en, accessed on September 4, 2024; see also Haastrup, Dictionary, 186.
• 115) From the EU's official website: See European Union - Types of institutions and bodies at https://european-union.europa.eu/institutions-law-budget/institutions-and-bodies/types-institutions-and-bodies_en, accessed on September 4, 2024; see also Haastrup, Dictionary, 186.
• 116) Haastrup, Dictionary, 97.
• 117) Haastrup, Dictionary, 99.
• 118) Haastrup, Dictionary, 98.
• 119) Olsen, The European Union, 139.
• 120) Haastrup, Dictionary, 52-53.
• 121) Haastrup, Dictionary, 97-98; see also Olsen,The European Union, 33-34.
• 122) Haastrup, Dictionary, 98, 199; see also European Court of Human Rights website at www.echr.coe.int
• 123) Haastrup, Dictionary, 200.
• 124) From the International Court of Justice website: See History International Court of Justice at https://www.icj-cij.org/index.php/history, accessed on November 25, 2024.
• 125) From the International Court of Justice website: See History International Court of Justice at https://www.icj-cij.org/index.php/history, accessed on November 25, 2024.
• 126) From the International Court of Justice website: See History International Court of Justice at https://www.icj-cij.org/index.php/history, accessed on November 25, 2024.
• 127) From the International Court of Justice website: See History International Court of Justice at https://www.icj-cij.org/index.php/history, accessed on November 25, 2024.
• 128) From the International Criminal Court website: See United Nations - Rome Statute of the International Criminal Court at https://www.ohchr.org/en/instruments-mechanisms/insturments/rome-statute-international-criminal-court, accessed on November 25, 2024.
• 129) Haastrup, Dictionary, 98, 199; see also European Court of Human Rights website at www.echr.coe.int
• 130) Haastrup, Dictionary, 199-200; see also Olsen, The European Union, 138-139; see also Paul Craig and Gráinne de Búrca, EU LAW Text, Cases, and Materials, 427-428, Seventh Edition, (Oxford: Oxford University Press, 2020)
• 131) Olsen, The European Union, 139.