1) European Union (EU)
The origin of the EU, which presently consists of 28 member states, lies in the European Coal and Steel Community (1951) and the European Economic Community (1957). After further steps of integration through the treaties of Maastricht (1993), Amsterdam (1997), Nice (2003) and finally Lisbon (2009), the EU has developed to an ever-closer federation of states. It has seven institutions (Art. 13 Treaty on European Union – TEU) which are located in Brussels, Strasbourg and Luxembourg.
1) African Union (AU)
The AU was founded in 2002 replacing the Organization of African Unity (OAU), which was already established in 1963. At present the AU has 54 members and nine institutions are to its disposal (Art. 5 Constitutive Act of the African Union – CA-AU) [ 4 ]. The most important are as follows:
The Assembly of Heads of State and Government is the supreme institution of the AU as it acts as legislative as well as executive power. It among other things determines the common policies of the Union, monitors the implementation of policies and decisions and gives directives to the Executive Council on the management of conflict, war and other emergency situations and the restoration of peace (Art. 9). Moreover, the Assembly has the right to impose sanctions on member states that failed to pay their contribution to the budget of the Union (Art. 23). The Assembly takes its decisions by consensus or, failing which, by a two-thirds majority of the member states (Art. 7).
2) European Union
The institution that stands in the spotlight of the media and public is the European Council as it provides the Union with the necessary impetus for its development, defines the general political directions and priorities and comes to important decisions such as the recent imposition of sanctions on Russia or financial support to Greece. It consists of the heads of state or government of the member states, together with its President and the President of the European Commission (Art. 15 TEU).
2) African Union
The Pan-African Parliament, which held its first meeting in 2004, has only an advisory function so far. It should gain full legislative power like the Assembly in the long run and its members should be directly elected by citizens of the African member states (analogue to the elections of the EP).
3) European Union
The European Parliament (EP) is directly elected for terms of five years by citizens of the member states and exercises functions of political control and consultation (Art. 14). Over the past decades, it evolved from a toothless tiger to an important and influential actor within the EU system. The Council that consists of a representative of each member state at
ministerial level and meets in different compositions depending on the policy area being addressed carries out policy-making and coordinating functions. Both EP and Council act as legislative power of the Union (Art. 16).
3) African Union
The Executive Council of Ministers, which consists of the Ministers of Foreign Affairs or such other ministers or authorities as are designated by the governments of member states (Art. 10), acts in addition to the Assembly as the executive power of the Union. The Council coordinates and takes decisions on policies in areas of common interest to the member states, including e.g. foreign trade, energy, industry and mineral resources, environmental protection, humanitarian action, disaster response and relief, transport and communications, education, culture, health, science and technology (Art. 13). Decisions are also taken by consensus or by a two-thirds majority.
4) European Union
The European Commission, which consists of 28 Commissioners being nominated from the member states and elected by the EP, represents the executive power of the EU. It promotes the general interest of the Union and takes appropriate initiatives to bring forward integration. It ensures the application of the treaties and monitors the compliance of national law with EU law. Moreover, it exercises coordinating, executive and management functions (Art. 17).
4) African Union
Yet another part of the executive power of the AU is the Commission, which is composed of the Chairman, his or her deputy or deputies, and eight Commissioners. The structure, functions and regulations of the Commission are laid down in statutes determined by the Assembly. In accordance with the statutes the Commission has 26 tasks to fulfil, e.g. to represent and defend the unions’ interests, implement the decisions taken by other organs, organize and manage the meetings of the Union, act as the custodian of the Constitutive Act and adopt measures, e.g. control of pandemics, disaster management, international crime and terrorism, environmental management, external trade and food security [ 5 ].
5) European Union
EP and Council pass legislation such as regulations and directives jointly under the ordinary legislative procedure. Because legislation is binding to the member states, the EU is qualified as a supranational organization. In nearly all cases, the Council decides with the so-called qualified majority. As a result, a binding decision can be reached against the votes of member states. In case that a member state violates EU law – e.g. by refusing to apply a regulation or transfer a directive into national law – the European Court of Justice, which serves as the judiciary of the EU, may impose a fine on this state.
5) Africa Union
The member states of the AU work together on issues like peace and security – the aim is to achieve a Common Defence Policy–, development and human rights. Especially in the field of human rights, the AU is progressive in contrast to its predecessor the OAU, because the CA-AU allows the Union to intervene in a member state pursuant to a decision of the Assembly in respect of grave circumstances such as war crimes, genocide and crimes against humanity (Art. 4 para. h). In 2006, the African Court on Human and Peoples´ Rights started to work with the mandate to judge about human rights violations in the African states. However, the problem is that the Court lacks assertiveness because only one half of the 54 AU member states recognize it as the relevant judiciary of the Union.
The origin of the EU, which presently consists of 28 member states, lies in the European Coal and Steel Community (1951) and the European Economic Community (1957). After further steps of integration through the treaties of Maastricht (1993), Amsterdam (1997), Nice (2003) and finally Lisbon (2009), the EU has developed to an ever-closer federation of states. It has seven institutions (Art. 13 Treaty on European Union – TEU) which are located in Brussels, Strasbourg and Luxembourg.
1) African Union (AU)
The AU was founded in 2002 replacing the Organization of African Unity (OAU), which was already established in 1963. At present the AU has 54 members and nine institutions are to its disposal (Art. 5 Constitutive Act of the African Union – CA-AU) [ 4 ]. The most important are as follows:
The Assembly of Heads of State and Government is the supreme institution of the AU as it acts as legislative as well as executive power. It among other things determines the common policies of the Union, monitors the implementation of policies and decisions and gives directives to the Executive Council on the management of conflict, war and other emergency situations and the restoration of peace (Art. 9). Moreover, the Assembly has the right to impose sanctions on member states that failed to pay their contribution to the budget of the Union (Art. 23). The Assembly takes its decisions by consensus or, failing which, by a two-thirds majority of the member states (Art. 7).
2) European Union
The institution that stands in the spotlight of the media and public is the European Council as it provides the Union with the necessary impetus for its development, defines the general political directions and priorities and comes to important decisions such as the recent imposition of sanctions on Russia or financial support to Greece. It consists of the heads of state or government of the member states, together with its President and the President of the European Commission (Art. 15 TEU).
2) African Union
The Pan-African Parliament, which held its first meeting in 2004, has only an advisory function so far. It should gain full legislative power like the Assembly in the long run and its members should be directly elected by citizens of the African member states (analogue to the elections of the EP).
3) European Union
The European Parliament (EP) is directly elected for terms of five years by citizens of the member states and exercises functions of political control and consultation (Art. 14). Over the past decades, it evolved from a toothless tiger to an important and influential actor within the EU system. The Council that consists of a representative of each member state at
ministerial level and meets in different compositions depending on the policy area being addressed carries out policy-making and coordinating functions. Both EP and Council act as legislative power of the Union (Art. 16).
3) African Union
The Executive Council of Ministers, which consists of the Ministers of Foreign Affairs or such other ministers or authorities as are designated by the governments of member states (Art. 10), acts in addition to the Assembly as the executive power of the Union. The Council coordinates and takes decisions on policies in areas of common interest to the member states, including e.g. foreign trade, energy, industry and mineral resources, environmental protection, humanitarian action, disaster response and relief, transport and communications, education, culture, health, science and technology (Art. 13). Decisions are also taken by consensus or by a two-thirds majority.
4) European Union
The European Commission, which consists of 28 Commissioners being nominated from the member states and elected by the EP, represents the executive power of the EU. It promotes the general interest of the Union and takes appropriate initiatives to bring forward integration. It ensures the application of the treaties and monitors the compliance of national law with EU law. Moreover, it exercises coordinating, executive and management functions (Art. 17).
4) African Union
Yet another part of the executive power of the AU is the Commission, which is composed of the Chairman, his or her deputy or deputies, and eight Commissioners. The structure, functions and regulations of the Commission are laid down in statutes determined by the Assembly. In accordance with the statutes the Commission has 26 tasks to fulfil, e.g. to represent and defend the unions’ interests, implement the decisions taken by other organs, organize and manage the meetings of the Union, act as the custodian of the Constitutive Act and adopt measures, e.g. control of pandemics, disaster management, international crime and terrorism, environmental management, external trade and food security [ 5 ].
5) European Union
EP and Council pass legislation such as regulations and directives jointly under the ordinary legislative procedure. Because legislation is binding to the member states, the EU is qualified as a supranational organization. In nearly all cases, the Council decides with the so-called qualified majority. As a result, a binding decision can be reached against the votes of member states. In case that a member state violates EU law – e.g. by refusing to apply a regulation or transfer a directive into national law – the European Court of Justice, which serves as the judiciary of the EU, may impose a fine on this state.
5) Africa Union
The member states of the AU work together on issues like peace and security – the aim is to achieve a Common Defence Policy–, development and human rights. Especially in the field of human rights, the AU is progressive in contrast to its predecessor the OAU, because the CA-AU allows the Union to intervene in a member state pursuant to a decision of the Assembly in respect of grave circumstances such as war crimes, genocide and crimes against humanity (Art. 4 para. h). In 2006, the African Court on Human and Peoples´ Rights started to work with the mandate to judge about human rights violations in the African states. However, the problem is that the Court lacks assertiveness because only one half of the 54 AU member states recognize it as the relevant judiciary of the Union.
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