Transcript The relations between Institutions and FDI

Dr. Pietro Andrea Podda , PhD
EU Economic and Structural
Policies, Current Issues in EU
High School of Finance and
Administration in Prague
1
EU and European Union
Law
1.
2.
3.
4.
5.
6.
The EU is a supra-national organisation with legal personality
EU Law regulates the activities of the EU, the duties/rights of the member
states and the relations between the EU and the member states
There are 27 members of the EU: Belgium, France, Germany, Italy,
Luxembourg, Netherlands (founding members), Denmark, Great Britain,
Ireland (1973), Greece (1981),Portugal and Spain (1986), Austria, Finland,
Sweden (1995), Cyprus, Czech Republic, Hungary, Estonia, Latvia,
Lithuania, Malta, Poland, Slovakia, Slovenia (2004), Bulgaria, Romania
(2007). Negotiations are in course with Croatia, Macedonia, Turkey and
Albania. Norway and Switzerland are not members of the EU
The EU is the largest economic area in the world
The EU law encompasses matters like trade law, environmental law,
culture, social affairs, tax law etc...
The official languages of the member states are all official languages of
the EU. All acts of the EU are translated into its official languages.
However the working languages are English, French and also German
2
The European Council








Is composed by the Heads of States or of Governments of the member
states, the President of the European Commission (this latter is not entitled to
vote). It has a President.
Normally meets in Bruxelles
Does not have to be confused with the Council of the Union and the Council
of Europe. The Council of Europe has nothing to do with EU
Should meet at least four times per year but in practice the meetings are
always more frequent
Defines the general guidelines of the policies of the EU (enlargement, revision
of Treaties)
It is now an official institution of the EU and operates at an intergovernmental level
Appoints the President of the Commission and the High Representative
The President of the European Council is Van Rompuy. The President is
appointed for 2 years and a half by a qualified majority
3
The Council of the
European Union 1





It is composed by the member states and deals with the issues covered by EU law
(ex.agriculture, culture, environment etc…) It is represented by the Ministers competent
in the specific issue dealt with. In particular, the ECOFIN focuses on economic and
financial affairs, the General Affair and External Relations (GAER) is composed by the
Ministers of Foreign Affairs of the various countries
Decisions are taken on the basis of voting (normally qualified majority). The weight of
any single state in the process of voting depends on its population, even if there is not a
perfect proportion. Germany, Uk, France and Italy have the highest weight (29 votes
each), Malta the lowest (3). The Czech Republic has 12 votes
Does not have to be confused with the European Council and the Council of Europe
Together with the Parliament, it is the legislative body of the EU
The General Secretariat of the Council and the Committee of Permanent Representatives
(COREPER) prepare the activities of the ministers
4
The Council of the
European Union 2
•
•
•
•
•
The General Secretary is appointed by the Council of the Union
The Presidency is held by a member state and rotates every six months. There is a
coordination between the previous, the current and the future Presidency (troika)
The Presidency sets the agenda, represents the Council with other EU institutions. It also
declares the main guidelines of its action to the Parliament
Its seat is in Breuxelles. However meetings are held also in Luxembourg City
The Council can invite the Commission to take the initiative as for the creation of new
legislation
5
The European
Commission 1

It is composed by 27 Commissioners, one per State. However the Commissioners
represent the EU and not their State
The President is appointed by the European Council. The European Parliament has to
express its agreement. In principle the European Council should appoint the other
Commissioners. In practice every member of EU appoints a commissioner. Finally the
European Parliament must express a vote of confidence. The Parliament can also
withdraw its confidence at any moment
The Commission is the executive body of the EU. The Commission monitors the respect
of the EU law by the member states
The Commission takes the initiative in the legislative process
The High Representative of the Union for Foreign Affairs and Security Policy is a vicePresident of the Commission
6
The European
Commission 2
1.
2.
3.
The Commission acts collegially. The deeds of the Commission are imputable to the
whole body and not to the single Commissioners
In the course of time the role of the Commission is becoming more political and less
technical
In certain cases (usually on technical issues) , the Council of EU may delegate the
legislative power to the Commission. In this case, various committees, whose members
are appointed by Member States, collaborate with the Commission (Comitology). Their
role is often consultative but they may also have specific powers regarding the execution
of EU legislation and the creation of new legislation
7
The High Representative of the
Union for Foreign Affairs and
Security Policy



Elected by the European Council by
qualified majority
Represents the EU with third parties
Not clear division of competences with
the President of the European Council
and that of the Commission
8
The European Parliament
1.
2.
3.
4.
5.
6.
It is elected every 5 years by the citizens of EU. Every country sends a number of
representatives in proportion with its population. This proportion is biased in favour of
the smallest states
Together with the Council of the EU, it has a legislative power . In the bulk of cases,
these two institutions must agree in order legislation to be passed (ordinary legislative
procedure)
It can propose to the Commission to take the initiative (pre-initiative of the European
Parliament)
It meets in Bruxelles and Strasbourg
It approves the choice of the President of the European Commission. It confers and
withdraw confidence to the Commission
Is assisted by a Secretariat ( based in Luxembourg city) and various Committees
7.
It must hear members of the Council of the EU and the Commission if they so require
8.
It normally decide on the basis of absolute majority
9
Other Institutions
1.
2.
3.
4.
5.
The Ombudsman is appointed by the Parliament. Every natural or legal
person residing or having its office in the EU is entitled to complain with
the Ombudsman about maladministration of EU Law from the side of EU
Institutions. The Ombudsman investigates the case and , if convinced of
maladministration, writes a report to the European Parliament and the
concerned Institution
The Economic and Social Committee is a consultative body which
represents the social and economic categories (workers, employers)
The Regional Committee is a consultative body which represents the local
authorities
The European Investment Bank (EIB) guarantees loans for the
implementation of projects expected to enhance the level of development
in the EU
The Court of Auditors audits the expensens of the EU and discharges the
Commission
10
Secundary legislation of
EU





A regulation is binding for the Member States and has a general destination
A directive is binding as for the achievement of a certain result, but leaves to the
member states the responsibility to devise the measures to achieve the result
A decision is binding and has specific addressees
Recommendations and opinions are not binding but have a high political value
There are other non-binding acts like declarations, guidelines
11
Principles of EU Law




EU secundary legislation prevails over national legislation , even if national legislation is
subsequent (principle of supremacy)
EU Regulations are immediately applicable in the member states and do not require any
form of ratification (principle of direct applicability). Moreover they confer rights to
individuals, which can be invoked during cases dealt by national courts (direct effect)
The measures taken by the EU do not have to exceed the limit of the necessity for the
achievement of EU aims (principle of proportionality)
In those matters with shared competence, the EU takes measures only when the single
action of Member States is not sufficient for the achievement of the aims of the EU
(principle of subsidiarity)
12
Court of Justice of the EU
1










It is composed by three jurisdictional bodies: the European Court of Justice, the General
Court (formerly called Tribunal of First Instance) and the Civil Service Tribunal
The European Court of Justice
a) is composed by 1 judge per member state, appointed for 6 years by common accord
by the member states. Judges do not represent their original countries
b) its decisions are binding for Member States and EU Institutions
c) the Court acts collegially and is assisted by Advocates General (8 at the moment) who
deliver an opinion on the case treated
d) The Court‘ competence is over:
1) infringement of EU Law by Member States
2) respect of EU Law by EU institutions, “judicial review” of the legality of acts
3) failure to act of EU Institutions
4) preliminary rulings- national courts refer to the Court in order to check the
compatibility of domestic law with EU Law and/or to obtain interpretation of EU Law
13
Court of Justice of the EU
2








The General Court is composed, as the European Court of Justice, by 27 judges one per
member state
It deals with the cases brought by individuals regarding
a) the validity of the acts of EU institutions
b) failure to act of EU institutions
c) liability of EU for damages
The General Court is also competent when a member state recurs against the
Commission and, in specific cases, against the Council
Appeals on points of law against statements of the General Court are dealt by the Court
of Justice
The Civil Service Tribunal has competence over disputes between EU and its officials
14