Transcript PowerPoint-presentatie

EU Legislation
Rob Schnepper
23-25 April 2003
Riga, Latvia
PRIMARY LEGISLATION
• Treaties establishing the European Communities
SECUNDARY LEGISLATION
•
•
•
•
Regulations
Directives
Decisions
Recommendations and opinions
CASE LAW
• Judgements of the European Court of Justice
• Judegments of the European Court of First Instance
ACQUIS COMMUNAUTAIRE
• Primary legislation
• Secundary legislation
PUBLICATION
• Official Journal of the European Communities
Key players in EU Legislative Process
• Council of the European Union (Council of Ministers)
• European Commission
• European Parliament
Consultative Bodies
• Economic and Social Committee
• Committee of the Regions
Decision-Making and Legislative Process
Council of the European Union
Three Pillars (Treaty of Maastricht)
PILLAR 1(agriculture, evironment, energy)
1.
2.
3.
4.
5.
6.
Commission proposal
Examination by experts/at political level
Consultancy of social partners/interest groups
(Ecosoc)
Consultancy of local/regional authorities (CR)
Council decision: adopts, amends or rejects
European Parliament: co-decision with Counsel
PILLARS 2 and 3
The Counsel is:
• decision-maker (common foreign and security
policy)
• promotor of initiatives (police and judicial
cooperation)
OUTCOME : SECONDARY LEGISLATION
Decision-Making and Legislative
European Commission
Functions:
1. Initiator of proposals for legislation
Core objectives:
a. identifying the European interest
b. organising consultation
c. respecting the priciple of subsidiarity
2. Guardian of the Treaties
a. failure to act’ procedure
b. reasoned opnion + deadline
c. legal proceedings before the Court of
Justice
d. fines for individuals, firms and
organisations
3. Manager and executor of EU policies
and of international trade relations
a. make rules covering details of Council
legislation
b. protect the Community market from
dumping by third countries
c. enforcing the Treaty’s competition rules and
regulates mergers
Decision-Making and Legislative
The European Parliament
1. Co-Decision Procedure
- Decision making power next to the Council
2. Consultation procedure
- Requires an opinion from the EP before the
Council can adopt a legislative proposal from the
Commission
3. Cooperation Procedure
- Improve proposed legislation by amendment
4. Assent Procedure
5. Right of an Initiative
- EP can ask the Commission to put forward a
proposal
6. EU Citizens
a. Petitions
b. The European Ombudsman
Economic and Social Committee
• Consultative Role
• Advisory Power
ESC gives opinion for
• Economic and Social partners
• (Employers, workers, trade unions,
consumers etc)
THREE TYPES OF OPINIONS
1. mandatory consultation
2. voluntary consultation
3. own-initiative opnions
Committee of the Regions
•
•
Independent Advisory Body
Main Tasks:
A. Providing other EU institutions with the
local and regional point of view on Union
proposals
B. Informing citizens on EU policies
FOUR TYPES OF OPINIONS
At the request of other institutions:
1. Mandatory consultation
2. Voluntary consultation
On its own initiative:
3. ESC-opinions
4. GENERAL