Transcript THE EUROPEAN UNION Institutions and Legal Framework

THE EUROPEAN UNION
Institutions and Legal
Framework
Michele Colucci
Email: [email protected]
Web site: www.colucci.eu
European College, Parma
Academic year 2011-2012
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PURPOSES OF THIS COURSE
INTRODUCING THE EU LEGAL ORDER
UNDERSTANDING THE EU
INSTITUTIONS’ MECHANISM
EU LAW IN MOTION
THE FUTURE OF THE EU:BEYOND THE
LISBON TREATY
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What is the European Union?
DREAM...
– Monnet , Schuman, Spinelli,...
HOPE
– Peace and well being of its people
A REALITY
– As of 1.10.2010: 27 Member States, one
currency for 17 Member States, more than
483.000.000 people “united in diversity”!
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Population figures: EU-27
Country
Population
% of population in EU-27
Germany
France
UK
Italy
Spain
Poland
Romania
Netherlands
Greece
Portugal
Belgium
Czech Republic
Hungary
Sweden
Austria
Bulgaria
Denmark
Slovakia
Finland
Ireland
Lithuania
Latvia
Slovenia
Estonia
Cyprus
Luxembourg
Malta
Total
82.54
59.90
59.33
57.48
40.98
38.19
21.71
16.26
11.05
10.48
10.40
10.21
10.12
8.97
8.09
7.80
5.40
5.38
5.22
4.03
3.45
2.32
1.99
1.35
0.73
0.45
0.40
483.44
17.04
12.37
12.25
11.87
8.46
7.88
4.48
3.35
2.28
2.16
2.15
2.11
2.09
1.85
1.67
1.61
1.11
1.11
1.08
0.83
0.71
0.48
0.41
0.28
0.15
0.09
0.08
100 %
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HISTORIC STEPS
Treaty of Paris, which set up the European Coal and
Steel Community (ECSC) in 1951 (expired on 23 of July
2002);
Treaties of Rome, which set up the European Economic
Community (EEC) and the European Atomic Energy
Community (Euratom) in 1957.
Single European Act (1986);
Treaty of the European Union (Maastricht, 1992);
Treaty of Amsterdam (1997)
Treaty of Nice (2001).
Treaty establishing a Constitution for Europe signed in
Rome on 29 october 2004
Reform Treaty (agreement on 18-19 october 2007)
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THE EUROPEAN UNION (2007):
A political and economic structure
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THE EUROPEAN UNION IN THE
LISBON TREATY
“THE UNION SHALL REPLACE AND
SUCCEED THE EUROPEAN COMMUNITY”
(art. 1 TEU)
Single Legal Personality for the EU: no more
pillar structure
VALUES:
–
–
–
–
–
respect for human dignity,
freedom,
democracy,
equality,
the rule of law and respect for human rights (art.2
TEU).
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The legal nature of the EU
What is the EU legal system?
ECJ case law (Van Gend & Loos):
The Treaty is more than an agreement
No just governments but people
New Institutions with sovereign rights
The “Community” is ….A NEW LEGAL
ORDER!
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The legal nature of the EU
What is the EU legal system?
ECJ case law (Costa v. Enel):
The Treaty is an indipendent source of law
“Special and Original”
Direct applicability
Primacy of law
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AIMS
AIMS (art. 3 TEU):
– “Internal Market”,
– sustainable development based on balanced economic growth and
price stability,
– a highly competitive social market economy,
– full employment and social progress,
– a high level of protection and improvement of the quality of the
environment, scientific and technological advance.
It shall combat social exclusion and discrimination,
shall promote
– social justice and protection,
– equality between women and men, solidarity between generations and
protection of the rights of the child,
– and solidarity among Member States.
It shall respect its rich cultural and linguistic diversity .
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POWERS OF THE EU
Exclusive competence
– Custom union, monetary policy, CCP,fishery
Shared competence
– Internal market rules, agriculture, transport
– Economic, social and territorial cohesion
Supporting actions
– Culture, education, vocational training, sport
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THE INSTITUTIONS
(Art. 13 TEU)
THE EUROPEAN PARLIAMENT
THE EUROPEAN COUNCIL
THE COUNCIL
THE EUROPEAN COMMISSION
THE COURT OF JUSTICE
THE EUROPEAN CENTRAL BANK
THE COURT OF AUDITORS
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OTHER BODIES
THE COMMITTEE OF REGIONS
THE EUROPEAN ECONOMIC AND
SOCIAL COMMITTEE
THE EUROPEAN INVESTMENT BANK
AGENCIES
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THE EUROPEAN COMMISSION
Structure
PRESIDENT AND 26 COMMISSIONERS
(2007), 17 (TEU).
Secretariat General, Legal Service
36 DIRECTORATES- GENERAL
(DGs):Agriculture, Environment,
Employment and Social
Affaires,Transport, and so on.
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The European Commission
Role
INITIATOR OF LEGISLATIVE
PROPOSALS
GUARDIAN OF THE TREATIES
EXECUTIVE ARM OF THE EU
MOUTHPIECE FOR THE EU AT
INTERNATIONAL LEVEL
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THE EUROPEAN PARLIAMENT
(art. 14 TEU)
785 Members from all 27 EU countries
– Malta (5 seats), Germany (99 seats) (96).
– 751 members.
17 committees
Administrative offices in Luxembourg
Plenary sessions in Strasbourg
Committee meetings in Brussels
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Political Groups
Formation of political groups:
MEPs elected in at least one-fifth of the MSs – new rule since
1.1.2007
minimum number of MEP’s required – 20
PPE-DE Group of the European People’s Party and European Democrats
(277)
PSE Socialist group (217)
ALDE Group of the Alliance of Liberals and Democrats for Europe (106)
UEN Union for Europe of the Nations Group (44)
Verts / ALE Group of the Greens /European Free Alliance (42)
GUE/NGL Confederal Group of the European United Left - Nordic Green
Left (41)
IND / DEM Independence / Democracy (24)
IDS Identity, Tradition and Sovereignty Group (21)
NI Non-attached (13)
Note: figures as of May 2007
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THE EUROPEAN PARLIAMENT
Role
PASSING EUROPEAN LAWS – jointly
with the Council
“DEMOCRATIC SUPERVISOR” over the
other EU institutions
BUDGETARY POWER
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THE COUNCIL
Art. 16 TEU
One minister from each Member State
9 different Council configurations
General Affairs and External Relations (including European Security and Defence
Policy and Developmnet Co-operation
Economic and Financial Affairs (including budget)
Agriculture and Fisheries
Employment, Social Policy, Health and Consumer affairs
Competitiveness (!) – comprising
Internal Market
Industry
Research
Tourism
Justice and Home affairs (including civil protection)
Environment
Transport, Telecommunications and Energy
Education, Youth and Culture (including audiovisual matters)
Council Presidency: rotation every six months
General Secretariat
Location: Brussels
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How does the Council work?
Working groups – more than 250
Coreper (Committee of the Permanent
representatives of the MS’s) – responsible for
preparing the work of the Council
Coreper I Council of Ministers (9 configuration)
Coreper II
Seat in Brussels – but holds meetings in Luxembourg as
well (during April, June and October)
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COREPER I and II
Coreper I
Composed of the Deputy Permanent Representatives, prepares the ground for
the following Council configurations:
–
–
–
–
–
–
Employment, Social Policy, Health and Consumer Affairs;
Competitiveness (internal market, industry, research and tourism);
Transport, Telecommunications and Energy;
Agriculture and Fisheries;
Environment;
Education, Youth and Culture (including audiovisual);
Coreper II
Composed ofthe Permanent Representatives, prepares for the other
configurations:
•
General Affairs and External Relations (including European security and defence
policy and development cooperation);
– Economic and Financial Affairs (including the budget);
– Justice and Home Affairs (including civil protection).
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Responsibilities of the Council
To pass EU legislation
To co-ordinate economic and social
policies of MS
To conclude international agreements
between the EU and other countries
To approve the EU’s budget
To develop the EU’s CFSP
To coordinate co-operation in the area of
Freedom, security and justice
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The Council:
voting system
UNANIMITY
– CFSP
– Taxation
– Asylum and Immigration policy
Qualified Majority voting (in some cases a
two thirds majority) and
– minimum of 232 votes is cast in favour
– representation of at least 62% population
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Number of votes for MS
Number of Votes
according to population
but not strictly proportional, adjusted to the less populous countries
Germany, France, Italy and the United Kingdom 29
Spain and Poland 27
Romania 14
Netherlands 13
Belgium, Czech Rep., Greece, Hungary and Portugal 12
Austria, Sweden, Bulgaria 10
Denmark, Ireland, Lithuania, Slovakia and Finland 7
Cyprus, Estonia, Latvia, Luxembourg and Slovenia 4
Malta 3
TOTAL 345
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EUROPEAN COUNCIL
Art. 15 TEU
Neither an EU institution nor a legislator
– introduced by the Single European Act (SEA)
– official status since the Maastrichti Treaty (TEU)
provides the Union with the necessary impetus for its
development and defines the general political directions
and priorities.
Composition: Heads of State or Government of the
Member States and the President of the Commission.
President elected for 2 and half years
Council meets at least twice a year
submit to the European Parliament a report after each of
its meetings and a yearly written report on the progress
achieved by the Union.
HIGH REPRESENTATIVE OF THE UNION FOR
FOREIGN AFFAIRS AND SECURITY POLICY (art. 18
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TEU)
COURT OF JUSTICE OF THE
EUROPEAN UNION
The Court of Justice (art. 253 TFEU)
General Court (254 TFEU)
Specialised Courts (art. 257)
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COURT OF JUSTICE
Composition - 1 judge per each Member State
Full court (27 judges) -Grand Chamber” (13 judges) chambers of 5 or 3 judges
Appointed for a term of 6 years by joint agreement of the
MS’s
President for 3 years
8 (11 RT)“advocates general” (AG= Amicus Curiae)
present reasoned opinions („conclusions”) to Court
Seat - Luxembourg
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THE COURT OF JUSTICE
Role
to ensure that:
– EU law is complied with
– Treaties are correctly interpreted and applied.
It intervenes by:
– References for a preliminary ruling
– Actions for failure to fulfil an obligation
– Actions for annulment
– Actions for failure to act.
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CoJ: the procedure
Written phase:
– Written statements from the parties
– Reports by judges
Oral phase
– Public hearing
Opinion from the advocate General
Judgement decided by a majority
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GENERAL COURT
and
EUROPEAN CIVIL SERVICE TRIBUNAL
CFI: Created in 1989
1 judge per MS
No Advocates General
Cases on:
– Actions for annullment
– Actions for failure to act
– Competition law
EUROPEAN UNION CIVIL SERVICE TRIBUNAL
– 7 judges
– Disputes between EU/civil servants
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The European Central Bank
Maintain the stability of the EU currency
Control of the amount of currencies in
circulation
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The Court of Auditors
checks that :
– all the European Union's revenue has been
received;
– all its expenditure incurred in a lawful and
regular manner
– EU budget has been managed soundly.
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The EESC and the CoR
– 350 members
– Consultatives bodies
– Representatives of the civil society
– Representatives of local and regional
governments
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EUROPEAN OMBUDSMAN
Created by the Maastricht Treaty
Elected by the EP for 5 years
Duties
Investigate maladminsitration by the European Institutions
(except the European Courts)
following by a complaint or on own initiative
Powers of the Ombudsman
Information (the Institiution concerned has 3 months to give a
detailed opinion on the matter)
conciliation
recommendation
report to the EP
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European Agencies
Bodies set up by the EU to carry out a very
specific technical, scientific or management task
within first pillar
Legal basis: regulation specifying its task
currently 23 bodies that match the definition of a
Community Agency under the name
centre
institute
foundation
office
authority
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European Agencies
European Centre for the Development of Vocational Training (Cedefop) - Thessaloniki
European Foundation for the Improvement of Living and Working Conditions (EUROFOUND) Dublin
European Environment Agency (EEA) - Copenhagen
European Training Foundation (ETF) - Turin
European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) - Lisbon
European Medicines Agency (EMEA) - London
Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM) - Alicante
European Agency for Safety and Health at Work (EU-OSHA) - Bilbao
Community Plant Variety Office (CPVO) - Angers
Translation Centre for the Bodies of the European Union (CdT) - Luxembourg
European Fundamental Rights Agency - Vienna
European Agency for Reconstruction (EAR) - Thessaloniki
European Food Safety Authority (EFSA) - Parma
European Maritime Safety Agency (EMSA) - Lisbon
European Aviation Safety Agency (EASA) - Cologne
European Network and Information Security Agency (ENISA) - Heraklion
European Centre for Disease Prevention and Control (ECDC) - Stockholm
European Global Navigation Satellite System Supervisory Authority
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SUMMING UP:
The Lisbon Treaty
Double majority decision making in Council of Ministers
– 55% of member states and 65% of the EU's population in favour
– Polish request accepted: new voting system will only apply from 2014
– Extra transition period until 2017 when additional provisions to block a decision will apply
Extending qualified majority voting
–
–
40 new policy areas
Especially: asylum, immigration, police and judicial cooperation in criminal matters;
Permanent Council presidency
–
Chair EU Summits for a 2.5 years, renewable - instead of six-month rotation
High Representative of the EU for Foreign Affairs and Security Policy
–
–
Replace current EU High Representative for Foreign Affairs Javier Solana and the external relations commissioner
Name ‘EU Foreign Minister’ dropped
Reducing the number of Commissioners from 27 to 15 by 2014
Single legal personality for the EU – no more pillar structure
EU competende on Sport
National parliaments’ role enhanced
–
right to raise objections against draft EU legislation
Exit clause - possible for Member States to leave the EU!!!!!
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New Items
and changes compared to the
Constitutional Treaty
Reference to new challenges
–
–
climate change
energy solidarity
Applying new opt-in/out provisions
–
–
–
–
–
policies on border checks
asylum and immigration
judicial co-operation in civil matters
judicial cooperation in criminal matters
police co-operation
Name ‘Constitution’ discarded
No reference to the symbols and anthem of the EU
Full text of the Charter of Fundamental Rights replaced by cross-reference with the
same legal value
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WE DO NOT UNITE
STATES, WE UNITE
PEOPLE.
Jean Monnet (1888-1979)
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