This article discusses potential problems with the governmental structure of the European Union. The Treaty on European Union (or "Maastricht Treaty") establishes procedures for the formulation of objectives and decision-making. Article C does speak of a single institutional framework of the Union, and Titles V and VI envisage specific tasks for the Council and the Commission. The European Parliament has no legal authority to take part in the procedure for formulating objectives and decision-making. Pursuant to Articles J.7 and K.6, the European Parliament has only a limited right to be informed by the Presidency of the Council and to present its position to the Council. The Parliament, however, may query the Council and take a position in its annual report. Further, judicial review by the Court of Justice is not possible. In those instances where the Council and the Commission share responsibility under a cooperative framework, they fail to exercise such powers in accordance with procedural provisions of the EC Treaty.
Formulation of Objectives and Decision-Making Procedure in the European Union,
18 Fordham Int'l L.J. 765
Available at: https://ir.lawnet.fordham.edu/ilj/vol18/iss3/4