EU Institutions and Their Functions Before and After Brexit
Learn the functions of the seven EU institutions, how EU laws are made, and what Brexit changed for the UK in this focused A Level Law explanation for students.
The EU has seven institutions. For A Level Law, the key law-making bodies are the European Commission, European Parliament and Council of the European Union. Brexit did not change their functions, but the UK stopped participating as a member state.
Who does what?
- European Commission: Usually proposes EU legislation, monitors how member states apply EU law and may bring alleged breaches before the Court of Justice of the European Union.
- European Parliament: Elected representatives of EU citizens debate and, with the Council of the European Union, adopt most EU legislation.
- Council of the European Union: Ministers represent member-state governments, negotiating and adopting most legislation with Parliament. Which ministers attend depends on the subject.
- European Council: EU leaders set broad political priorities. This body does not normally pass legislation.
- Court of Justice of the European Union (CJEU): Interprets EU law and helps ensure consistent application. It is a court, not a legislature.
- European Central Bank: Manages monetary policy for the euro area.
- European Court of Auditors: Checks how EU money is collected and spent.
What changed for the UK?
Before Brexit, the UK participated in EU institutions as a member state, and EU law played a direct role in its legal system. After Brexit, the UK has no representatives in the European Parliament or Council of the European Union. These institutions continue making EU law, but new EU laws do not generally become UK law automatically. Some rules derived from EU law remain in UK domestic law and can be changed under UK law. Specific arrangements, particularly those concerning Northern Ireland, also affect the UK's relationship with EU law.
For example, if the Commission proposes a new EU rule, the Parliament and Council may adopt it, but the UK no longer votes on it as a member state.
Exam mistake: Do not confuse the European Council, which sets priorities, with the Council of the European Union, which helps pass legislation. Neither is the Council of Europe, a separate organisation.
