1. EU Institutions

2. Aims of the European Union  Initially was to control production of steel after WWII to limit states building up weapons etc  These days the aim is to provide economic prosperity for Europe  Help to compete against economically powerful countries like China, USA, India

3. Single European Act 1986  Set a goal of 1992 to abolish trade barriers between member states  Means that trade and people can move freely between countries without the need for customs forms, work permits etc

4. Modernisation of Europe  EU institutions initially designed over 50 years ago for just 6 countries  Currently 27 countries and so initial system was outdated  Proposed idea for a new European Constitution  Supposed to abolish all former treaties and just have a singular constitution

5.  Idea was dismissed and the Lisbon Treaty 2007 was adopted (came into force 2009)  Left all major treaties in place, but made key amendments

6. Key Institutions  There are 4 main institutions (excluding the European Council and the Central European Bank ): 1. The Commission 2. The Council of Ministers 3. The European Parliament 4. The European Court of Justice (ECJ)  Let’s look at each one in turn...

7. The Commission  The Commission is made up of 27 members called Commissioners  What is the relevance of this number?  Commissioners are appointed by the member state  Appointments are subject to approval by the European Parliament  They are appointed for a period of 5 years

8.  The Commission represents the interests of the EU as a whole  The Commissioners are therefore independent and do not represent the interests of their member states  Helps to balance against the Council of Ministers who do represent the interests of the member states

9.  The Commission has several key tasks:  Takes part in making EU legislation (laws)  Ensures member states uphold EU law – investigates and dobs them in to the ECJ  Negotiates trade agreements between the EU and non-EU countries  Negotiates with new members who wish to join  Draws up the annual budget for the EU (for approval by the EU Parliament)

10. The Council of Ministers  Made up of 27/28 variable members and represents the interests of the individual member states  In each meeting, relevant members from each member state attend  Relevance depends on the subject being discussed  Has an important role in that it implements all the new legislation suggested by The Commission  The Commission proposes, The Council imposes  The Council, like the Commission is answerable to the European Parliament

11. The European Parliament  Composed of 736 Members of the European Parliament (MEPs)  Elected by the citizens of the member states and they sit for 5 years  The number of MEPs per member state is representative of the size of the population  Approx 1 MEP for every 670,000 citizens)  UK = 72 Austria = 17 Cyprus = 6  Form broad political groups rather than staying with other MEPs from the same member state

12.  Has little direct legislative control but considers ad discusses proposals put forward by The Commission and then makes further suggestions  Exercises power over The Commission  Can veto appointments to The Commission and The Commission as a whole  In 1999 the entire Commission resigned as a result of fraud allegations made by Parliament  The Commission must make a written report to Parliament annually  Parliament can ask questions of the Commissioners off the back of the report  It is necessary for The Commission to request approval of the budget for the EU, from Parliament

13.  The Council of Ministers is not so subject to the powers of Parliament but...  3 times a year Parliament produces a report on The Council about its administration  The President of the Council is obliged to address the Parliament once a year and is then subject to questions  Parliament has the power to bring actions against other EU institutions for failure to implement EU law

14.  Main criticism is that it has no real power  However, the confirmation of Parliament is required on any international agreements EU wishes to enter into...  Therefore plays a large role in deciding on whether new members should be admitted

15. The European Court of Justice (ECJ)  Supervises the uniform application of EU law throughout the member states  Through its decisions it creates case law which must be followed  Art 19 Treaty of the European Union (TEU) states that the Court: “...must ensure that in the interpretation and application of the Treaty the law is observed”  ECJ sits in Luxembourg and has 27 judges who sit for periods of 6 years (can be reappointed for a further term of 6 years)

16.  The judges are made up of those who are eligible to sit in the highest courts of each member state  Supreme Court  Judges are assisted by 9. Advocates General  The AGs research the relevant legal points and write opinions and present these to the judges after the judges have heard submissions from the parties  Both the submissions and the opinions are paper based rather than advocacy  This is a major difference to the UK system

17. The roles of the ECJ...  Has two separate functions: 1. Judicial Role – hears cases to decide whether member states have fulfilled their obligations 2. Supervisory Role – hearing references under Art 267 Treaty of the Functioning of the European Union (TFEU) from national courts for preliminary hearings on a point of EU law

18. The Judicial Role:  Usually exercised when The Commission (Guardians of the Treaties) bring a case against a member state for breaching EU law Re: Tachographs: EC Commission v UK (1979)  The Court held that the UK had to implement a regulation made by the Council of Ministers which said that every lorry carrying dangerous cargo had to be fitted with mechanical recording equipment  UK had deemed it unnecessary but was then forced to comply because of the ruling

19.  However, member states can also take EU institutions to the ECJ to challenge the legality of EU legislation  E.g. Proper procedure not used to make it or powers have been misused etc UK v Council of the European Union (1996)  UK sought to have the Directive on the 48 working week annulled (cancelled) on the basis that it was unlawful  Application was unsuccessful

20. The Supervisory Role:  Hears references from national courts for preliminary rulings on points of European law under Art 267 TFEU  Very important as rulings made by ECJ are then binding on all courts in all member states  This ensures that law is uniform  National courts may make Art 267 referrals for clarification if it considers that “...a decision on that question is necessary to enable it to give a judgement.”

21.  If there is no further appeal within the national court system then the court must refer that question to the ECJ for a preliminary ruling  If there is a further route of appeal then the lower court has a discretionary referral option to ask for a preliminary ruling  Proceedings in national court are suspended until ECJ gives its verdict  The verdict does not tell national court how to decide the case but explains what the EU law on the matter is  National court is then left to apply that to the facts of the specific case

22. When to make a discretionary referral?  Lord Denning laid down guidelines in the Court of Appeal case of Bulmer v Bollinger (1974): 1. Guidance on the point of law must be necessary to come to a decision in the case 2. There is no need to refer a question which has already been decided by the ECJ in a previous case 3. There is no need to refer a point which is reasonably clear and free from doubt (acte clairI doctrine) 4. Court must consider all the circumstances of the case 5. English court retains the discretion whether to refer or not

23. Differences from UK courts  Several major differences 1. Emphasis is on paper based presentation of cases rather than advocacy as in England and Wales  Why do you think this is the case? Hint

24.  French is the traditional language of the court  Most European countries use paper submissions in their national courts 2. Use of the Advocates General  Independent lawyers not used in English system  In ECJ, parties make written submissions then AG will present his findings on the law  Court has the advantages of hearing all aspects of the law, not just those which benefit the parties

25. 3. Deliberations of the judges are secret and may be made by majority vote  Only a single written judgement is provided at the end  Benefits and/or problems?  In English system the dissenting judge(s) provide their own full reason as to why they disagree 4. ECJ is not bound by its own previous decision 5. Has a very wide interpretation on the meanings and purposes of words within the legislation  Has a knock-on effect to the English system of statutory interpretation