1. Stefaan G.Verhulst, Markle Foundation August 2003
Introduction to The European Union and The Council of Europe Legal and Policy Frameworks
Stefaan G.Verhulst, Markle Foundation
August 2003

2. Outline
EU versus CoE
Institutions, Policy Tools and Processes of the European Union
Institutions, Policy Tools and Processes of the Council of Europe
EU and CoE

3. Distinguish the EU from the CoE
Brussels
Strasbourg
European Union
15 member states
(14 pending)
Council of Europe
45 member states

4. Member States cede some of their sovereign rights to the EC.EU
Member States cede some of their sovereign rights to the EC.
Thus, the EC is able to issue sovereign acts that have the same force as laws in individual states.
CoE
Decisions require unanimity, which means that every country has a power of veto.
The Council of Europe is therefore designed only with international cooperation in mind.
The European flag represents both the Council of Europe and the European Union to strengthen the idea of solidarity between the different organizations for a united and democratic Europe .

5. The European Union

6. Creation of the European Union
European Coal and Steel Community (ECSC)
(Signed by:
Belgium, France, Germany, Italy, Luxembourg, the Netherlands)
Treaty of Paris
Treaty of Rome
Treaty of Maastricht
Treaty of Amsterdam
(Concluded formation of the ECSC)
(‘the EC Treaty’)
Determined the legal framework of the European Community.
Created the European Atomic Energy Community (Euratom) and the European Community (EEC)
Created the European Union
Further developed
the EU
Gave Parliament
co-decision powers in
the EC’s legislative process

8. The European Union 3 Pillars The European Communities
Common Foreign and Security Policy
Cooperation in Justice and Home Affairs EC
Customs union and single market
Agricultural policy
Structural policy
New or amended provisions on:
EU citizenship
Education and culture
Trans-European networks
Consumer protection
Health
Research and environment
Social policy
Asylum policy
External borders
Immigration policy
Euratom
ECSC
Foreign Policy
Cooperation, common positions and measures
Peacekeeping
Human rights
Democracy
Aid to non-member countries
Security policy
Drawing on the WEU: questions concerning the security of the EU
Disarmament
Financial aspects of defence
Long-term: Europe’s security framework
Cooperation between judicial authorities in civil and criminal law
Police cooperation
Combating racism and xenophobia
Fighting drugs and the arms trade
Fighting organised crime
Fighting terrorism
Criminal acts against children, trafficking in human beings
3 Pillars

9. The Institutions of the EU
European Council
15 Heads of State and the President of the Commission
European Court of Justice
15 Judges
Council of the EU
15 Ministers
Committee of the Regions
222 Members
European Parliament
626 Members
Economic and Social Committee
222 Members
Court of Auditors
15 Members
European Commission
20 Members
European Central Bank
European Investment Bank

10. The Institutions of the EU
European Council
15 Heads of State and the President of the Commission
Function is to establish policy guidelines for European integration.
Meet twice a year, accompanied by the Foreign Ministers and a Member of the Commission.
Makes basic policy decisions and issues instructions and guidelines to the Council or the Representatives of the Member States meeting in the Council.
Has directed work on economic and monetary union, the European Monetary System, direct elections to Parliament.

11. The Institutions of the EU
Council of the EU
15 Ministers
Tasks Include:
Drawing up legislation
Coordination of economic policy
Budgetary control
Appointments
External relations
One representative of each Member State at ministerial level, with composition varying according to the subject discussed.
General Affairs Council
Economic and Financial Affairs
Transport Council
Agriculture Council

12. The Institutions of the EU
European Parliament
626 Representatives
Tasks Include:
Decision-making functions
Advisory functions
Supervisory functions
Representatives directly elected by the peoples of the Member States.
7 political parties represented in assembly.
17 committees carry out the preparatory work for the plenary sessions.

13. The Institutions of the EU
European Commission
20 Members
“The driving force behind Community policy.”
Has primary powers to initiate legislation in certain areas.
Is the ‘guardian of the Community treaties,’ monitors implementation of legislation, institutes infringement proceedings in the event of any violation of Community law, and refers matters to the Court of Justice.
Represents no interests other than those of the Community.
Acts as a normal administrative authority.
Consists of 2 members from Germany, France, the UK, Italy and Spain, and one from each of the other Member States.
Members are appointed by Member States for a term of 5 years.
Headed by a President (Romano Prodi)

14. EU Commission Directorate-Generals
Policies
Agriculture
Competition
Economic and Financial Affairs
Education and Culture
Employment and Social Affairs
Energy and Transport
Enterprise
Environment
Fisheries
Health and Consumer Protection
Information Society
Internal Market
Joint Research Centre
Justice and Home Affairs
Regional Policy
Research
Taxation and Customs Union
External Relations 
Development
Enlargement
External Relations
Trade

15. The Institutions of the EU
European Court of Justice
15 Judges
Responsibilities encompass three main areas:
Monitoring the application of Community law, both by the Community institutions when implementing the Treaties, and by the Member States and individuals in relation to their obligations under Community law.
Interpretation of Community law.
Further shaping of Community law.
Types of proceeding:
Actions for failure to fulfill obligations under the Treaties.
Actions for annulment and actions on grounds of failure to act.
Cases referred from national courts for preliminary rulings.
Each Member State sends one judge.
Members are appointed by Member States for a term of 5 years.

16. Secondary Institutions of the EU
The Council is required to consult the Committee on a number of areas including: education; culture; public health; trans-European networks; transport; telecommunications and energy infrastructure.
Committee of the Regions
222 Members
Examines accounts of Community institutions.
Court of Auditors
15 Members
European Central Bank
The heart of the economic and monetary union. Its task is to maintain the stability of the euro.
Economic and Social Committee
222 Members
An advisory board that represents the interests of employers, trade unions, and consumers.
Promotes the development of less-developed regions, to modernise or convert undertakings or create new jobs and to assist projects of common interest to several Member States.
European Investment Bank

17. Policy Tools of the European Union
Policy Process
Binding authority?
Regulation
Consultation Procedure
Cooperation Procedure
Co-decision Procedure
Approval Procedure
Yes
Direct applicability, the legal acts do not have to be transposed into national law but confer rights or impose duties on the community citizen in the same way as national law.
Directive
Objective of law is binding on the Member states but implementation is left to national authorities.
Decision
Simplified procedure
Distinguished from Regulations by being of individual application: the persons to whom it is addressed must be named in it and are the only ones bound by it.
Distinguished from Directives in that it is binding in its entirety (whereas the Directive simply sets out objectives to be attained).
Recommendation No
Expresses a view but does not place any legal obligation on the addressees. Political and moral significance.
Opinion
An assessment; prepares the way for subsequent legally binding acts, or are a prerequisite for the institution of proceedings before the Court of Justice. Political and moral significance.

18. Compare Legislative Processes: Consultation v. Co-decision Procedure
European Coal and Steel Community (ECSC)
Treaty of Amsterdam
Consultation Procedure:
Co-decision Procedure:
The earliest legislative process within
the Community.
Member States’ in the Council played the
decisive role in expressing the will of the EC.
The Commission submits proposals and the Council makes the decisions.
Used now only in limited instances
Treaty of Amsterdam created ‘equality
of arms’ between the Council
and Parliament.
Denies the Council the right to adopt
its common position if efforts to
reach agreement with Parliament fail.
Used for most of the important legislation.

19. The Legislative Process: Consultation Procedure
Commission
Proposal
European Parliament
Opinion
Committee of the Regions
Economic and Social Committee
Adoption of decision by the Council after consultation with Coreper

20. The Legislative Process: Co-Decision Procedure
Commission
The Legislative Process: Co-Decision Procedure
Proposal
Parliament (1st reading)
ESC
COR
Opinion
Council
No amendments by Parliament or approval of all amendments by Council
Instrument adopted or
approval/no action
COMMON POSITION
Rejection by absolute majority
Council
Parliament (2nd reading)
End of legislative process
Adoption of common position
by qualified majority
Amendment by absolute majority
Parliament’s amendments accepted
Parliament’s amendments not accepted
Commission
Adoption by qualified majority
Adoption only by unanimity
Council
No agreement
agreement
Amendments rejected
Conciliation Committee convened by Council and Parliament
(3rd reading)
Instrument rejected

21. Principle of Proportionality:
Power of the EU
The EC must act where the objectives to be pursued can be better attained at Community level, enhancing its powers
The Subsidiary Principle
The EC must not act where objectives can be satisfactorily attained by the Member States acting individually, constraining its powers.
According to the Subsidiary Principle, all Community institutions, but especially the Commission, must always demonstrate that there is a real need for Community rules and common action.
If the need for Community rules is demonstrated...
Principle of Proportionality:
The need for the specific legal instrument must be thoroughly assessed to see whether there is a less constraining means of achieving the same result. Framework legislation, minimum standards and mutual recognition of the Member States' existing standards should always be preferred to excessively detailed Community rules.
The subsidiary principle was codified in a Protocol annexed to the Treaty of Amsterdam.

22. The Future of the Convention
To better prepare the Union for enlargement, the EU leaders have called for modifications to amend the Treaties of Amsterdam and Nice.
The declared aims of EU Treaty changes are:
bringing the EU closer to its citizens,
strengthening the EU's democratic character,
facilitating the EU's capacity to make decisions, especially after its enlargement,
enhancing the EU's ability to act as a coherent and unified force in the international system,
effectively deal with the challenges globalisation and interdependence create.

23. Constitutional Treaty
Constitutional Treaty to be signed by the Member States of the enlarged Union as soon as possible after 1 May 2004, the envisaged date of enlargement.
The EU has held five such conferences
The sixth IGC, starts in October 2003
Conducted by the Heads of State or Government, assisted by the members of the General Affairs and External Relations Council, representatives of the Commission, 10 future Member States, & the European Parliament.
Draft
Constitutional Treaty
Intergovernmental
Conference (IGC)
An IGC is the only instrument that can modify an EU Founding Treaty.
Convention
After 16 months of discussions, the Conventions adopted a draft proposal for an EU Constitutional Treaty which will serve as a starting point for the IGC.
Forum made up of elected representatives and officials from the 15 Member States, 13 candidate countries and EU institutions, representatives of non-governmental and academic organisations, industry federations and trade unions.
The first to precede a Founding Treaty modification.

24. The Convention proposed critical modifications:
Valéry Giscard d'Estaing presents the Convention’s report to the Italian presidency.
The Convention proposed critical modifications:
Replace the six-month rotating presidency with a permanent president of the European Council.
Streamline the European Commission so that only 15 members would have voting rights.
Implement a new voting system for the Council, whereby qualified majority will consist of a majority of countries representing 60 percent of Europe's population, will give the three biggest countries the right to block any decision supported by the other 22 Member States.
Expand the role of the European Parliament, with a doubling of the scope of legislation taken by co-decision, which becomes the normal legislative process of the Union.
Substantially simplifying the corresponding procedures.
Obligate institutions to adopt rules on transparency.

25. Council of Europe

26. Creation of the Council of Europe
Treaty of London
Signature in Rome of the Council's Convention for the Protection of Human Rights and Fundamental Freedoms
- the first international legal instrument safeguarding human rights.
Signature of the European Cultural Convention, forming the framework for the Council's work in education, culture, youth and sport.
Established the Standing Conference of Local and Regional Authorities of Europe (now the Congress of Local and Regional Authorities
of Europe)
to bring together local and regional authority representatives.
Established the
European Court of Human Rights,
under the European Convention on Human Rights, to ensure observance of the obligations undertaken by contracting states.
Single permanent European Court of Human Rights to be established in Strasbourg under Protocol No. 11 to the Council's European Convention on Human Rights, replacing the existing system.
Established the Council of Europe.
Signed by ten states:
Belgium, Denmark, France, Ireland, Italy, Luxembourg, the Netherlands, Norway, Sweden and the United Kingdom.

28. Council of Europe The Principles
The Council of Europe is an intergovernmental organisation which aims:
to protect human rights, pluralist democracy and the rule of law;
to promote awareness and encourage the development of Europe's cultural identity and diversity;
to seek solutions to problems facing European society (discrimination against minorities, xenophobia, intolerance, environmental protection, human cloning, Aids, drugs, organised crime, etc.);
to help consolidate democratic stability in Europe by backing political, legislative and constitutional reform.

29. The Institutions of the Council of Europe
Committee of Ministers
45 Ministers
European Court of Human Rights
43 Judges
Parliamentary Assembly
313 Members
Convention for the Protection of Human Rights and Fundamental Freedoms
Congress of Local and Regional Authorities of Europe

30. The Institutions of the Council of Europe
Committee of Ministers
45 Ministers
Decision-making body comprised of ministers of the 45 member states.
Decides on the action to be taken on recommendations of the Parliamentary Assembly and the Congress of Local and Regional Authorities of Europe, and on the proposals from various intergovernmental committees and conferences of specialized ministers.

31. The Institutions of the Council of Europe
Parliamentary Assembly
313 Members
One of 2 main statutory organs.
313 members elected or appointed by national parliaments.
Each country has between 2 and 18 members, depending on size of population.
The Assembly has 5 political groups: Socialist Group (SOC), Group of the European People’s Party (EPP/CD), European Democratic Group (EDG), liberal, Democratic and Reformer’s Group (LDR), and Group of the Unified European Left (UEL).
Some members of the Assembly choose not to belong to any political group.
Compare the Parliamentary Assembly, which is comprised of representatives elected or appointed by national parliaments of all the Council of Europe’s Member States, with the EU’s European Parliament, comprised of the directly elected representatives of the 15 member countries of the EU.

32. The Institutions of the Council of Europe
European Court of Human Rights
43 Judges
Based in Strasbourg, this is the only truly judicial organ established by the European Convention on Human Rights.
It is composed of 43 judges* and ensures, in the last instance, that contracting states observe their obligations under the Convention.
Since November 1998, the Court has operated on a full-time basis.
Compare with:
Court of Justice of the European Communities: Meets in Luxembourg and ensures compliance with the law in the interpretation and application of the European Treaties of the European Union. International Court of Justice : Judicial body of the United Nations which meets in The Hague.

33. Policy Tools of the Council of Europe
Binding Authority?
European treaties or Conventions
Charters
Codes
Framework convention
Outline convention
Binding agreements on states that ratify them; requiring ratification or acceptance.
Agreements
May be signed with or without reservation as to ratification, acceptance or approval.
Judgments of the Court
Binding for the parties involved.
Recommendations
Non-binding missives to governments; set out policy guidelines on such issues as legal matters, health, education, culture and sport.
Declarations and Resolutions
Non-binding missive on current political issues.

34. Policy Process of the Council of Europe
European Conventions and Agreements are prepared and negotiated within the institutional framework of the Council of Europe.
Negotiation culminates in a decision of the Committee of Ministers Monitoring systems have been set up for the main treaties.
It is then agreed to open the treaty for signature by member States of the Council.
European Conventions and Agreements, however, are not statutory acts of the Organisation; they owe their legal existence simply to the expression of the will of those States that may become Parties thereto, as manifested inter alia by the signature and ratification of the treaty.

35. Collaboration between the EU and the Council of Europe
The Treaty on the European Communities recommends that the European Community establish all appropriate forms of co-operation with the Council of Europe and more specifically that co-operation with the Council of Europe should be fostered in the fields of education and culture.
To further these aims, there are:
“Quadripartite” meetings at which the leaders of the two institutions meet
Joint Council of Europe/European Commission technical assistance programmes.
The “Joint Declaration on Co-operation and Partnership between the Council of Europe and the European Commission” (2001), aimed at giving fresh impetus to efforts to strengthen co-operation between the Council of Europe and the European Community.
One example of cooperation between the two is:
The European Commission adaptation of a draft decision to sign Convention 180 of the Council of Europe on behalf of the EU. Convention 180 establishes an international mechanism for the prior notification of national rules on online services, based on the EU system of legislative transparency in this area.