Transcript Overview of EC law and Institutions

Overview of EC law and
Institutions
Dubrovnik June 2009
The Commission
• Refers to College (all 27 Commissioners) and to
permanent civil servants
• Commissioners (five year renewable term)
nominated by MS but independent in
performance of duties
• President of Commission nominated by European
Council and approved by EP
• List of Commissioners subject to scrutiny of EP
parliamentary committee before approval by EP
list adopted by Council (QMV)
Powers of Commission
• Legislative
• Right of legislative initiative
• Develops policy (5 year plan (with Council and EP
approval) and yearly overall legislative agenda
• Administrative
• Policy made must be administered
• Legislation once enacted must be implemented
Powers of Commission
• Executive
• Budget (significant powers over expenditure –agri and
structural funds)
• External relations (represents Community at WTO, UN,
Council of Europe, OECD)
• Accession negotiations
• Judicial
• Article 226 enforcement actions against MS
• State aid and competition decisions, reviewable to CFI
Council
• Representative of each MS at ministerial level who is
authorised to commit government of that State
(politicians not civil servants)
• Meetings arranged by subject matter (e.g. Ecofin,
GAERC) and different national Ministers attend
• 6 month rotating presidency
• Work prepared by COREPER II (economic and financial
affairs and external relations - permanent national reps
of ambassadorial rank) and COREPER I (environment,
social affairs, internal market transport - deputy
permanent reps)
Role of Council
• Co-legislator with EP
• Council must vote approval (unanimity, qualified
majority, simple majority depending on Treaty Article)
on virtually all Commission legislative initiatives
• Can delegate powers to Commission allowing it to pass
regulations
• Budget – with EP
• Concludes agreements with non MS and international
organisations
• Significant power under Pillars II and III
European Council
• No important internal/external developments
occur without consideration at IGC
• Consists of Heads of State and Commission
President
• Sets pace and shape of Community policy (e.g.
Lisbon Agenda)
• Meets approx 4 times a year (two per presidency)
• Conflict resolution e.g. budget
• Consider new accessions
European Parliament
• Transformation from relatively powerless Assembly to
much strengthened institution today
• Sits in Strasbourg, secretariat in Luxembourg and meets in
Brussels to facilitate contact with Commission and Council
• Only directly elected Community institution (1979)
• MEPs have 5 year terms
• Any citizen of the Union, resident in a MS has a right to
vote and stand as candidate in EP elections
• Sits in political groups rather than by nationality
• Elects own President and work done via 20 standing
committees
European Parliament
• After TEU, co-decision now applies to much important
Community legislation
• Thus EP co-equal partner with Council
• Less power in initiatives under pillars II and III
• Can censure Commission and require its resignation
• EP must approve Commission President and
Commissioners (three replacement nominees last time
around)
• Supervisory (Qs, and appointment of Ombudsman)
• Important powers in relation to budget (Article 272 EC)
European Courts
• 1 Judge per MS to ECJ for 6 years and
renewable (CFI at least 1 Judge)
• Full court, grand chamber (13), 5/3 Judges
• AG delivers single opinion while Judgments
are collegiate and no dissent or concurring
Judgments
• ECJ fashioned seminal principles of
Community legal order such as direct effect,
supremacy, state liability for damages
European Court of Justice
• Preliminary rulings interpreting the EC Treaty (Preliminary
References from national courts or tribunals), on the validity of acts
of the Institutions and ECB (Article 234)
• Can review the legality of acts adopted jointly by EP and Council,
Council, Commission and ECB and acts of EP intended to produce
legal effects on third parties
• Cases by Commission against MS for failure to fulfill its Treaty
obligations (Article 226)
• May impose lump sum or periodic penalty payments on MS who
have not taken measures to comply with an earlier judgment of the
Court (Article 228)
• Actions for failure to act (Article 232)
• Private actions against a Decision which is of direct and individual
concern (Article 230)
Court of Auditors
• Established 1975, operational 1977, got status of fifth
Community institution in TEU (Article 7)
• Sits in Luxembourg, structure similar to European Court
• 1 national per Member State, appointed by Council
(QM) following consultation with EP.
• Must be qualified and independent in office.
• Task: to scrutinize finances of Community and ensure
sound financial management
• Draws up annual report, adopted by majority of
members which is sent to other Community
institutions and published in Official Journal with their
replies.
Sources of EC law
• EC Treaty itself
• Regulations - Directly applicable in all MSs
• Directives - Binding on the MS to which it is
addressed for the result to be achieved, it leaves
the MS with the choice of form and method of
implementation
• Decisions – Binding in its entirety on those to
whom it is addressed
• Opinions and Recommendations – not binding
• Soft law: Guidelines
EC law
• No magic formula as to which legislative
procedure to use, differs depending on the Treaty
Article being relied on.
• Much important legislation now governed by codecision (ex agri, fisheries, tax, trade policies,
competition, EMU) - even more if Lisbon Treaty is
ratified.
• Representing clients effectively requires an
understanding of how the process works and
where and how it can best be influenced.