Presentation on theme: "THE EUROPEAN UNION Institutions and Legal Framework"— Presentation transcript:
1THE EUROPEAN UNION Institutions and Legal Framework Michele ColucciWeb site:Parma 8-9 November 2006
2PURPOSES OF THIS COURSE INTRODUCING THE EUUNDERSTANDING THE EU INSTITUTIONS’ MECHANISMEU LAW IN MOTION
3What is the European Union? A DREAM...Monnet , Schuman, Spinelli,...A REALITYAs of : 27 Member States, one currency for 13 Member States, more than people “united in diversity”!A HOPEPeace and prosperity
4HISTORIC STEPSTreaty 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 Nice (2001).Treaty establishing a Constitution for Europe signed in Rome on 29 october 2004 but not ratified yet
5THE EUROPEAN UNION: A political and economic structure
6THE INSTITUTIONS THE EUROPEAN COMMISSION THE COUNCIL OF THE EUROPEAN UNIONTHE EUROPEAN PARLIAMENTTHE COURT OF JUSTICETHE COURT OF AUDITORS
7OTHER INSTITUTIONS THE COMMITTEE OF REGIONS THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEETHE EUROPEAN INVESTMENT BANKTHE EUROPEAN CENTRAL BANKAGENCIES
8THE EUROPEAN COMMISSION Structure PRESIDENT AND 25 COMMISSIONERS (2006)Secretariat General, Legal Service36 DIRECTORATES- GENERAL (DGs):Agriculture, Environment, Employment and Social Affaires,Transport, and so on.
9The European Commission Role INITIATOR OF LEGISLATIVE PROPOSALSGUARDIAN OF THE TREATIESEXECUTIVE ARM OF THE EUMOUTHPIECE FOR THE EU AT INTERNATIONAL LEVEL
10THE EUROPEAN PARLIAMENT Structure 732 Members from all 25 EU countriesMalta (5 seats), Germany (99 seats)7 Europe-wide political groups17 committeesAdministrative offices in LuxembourgPlenary sessions in StrasbourgCommittee meetings in Brussels
11THE EUROPEAN PARLIAMENT ROLE PASSING EUROPEAN LAWS – jointly with the Council“DEMOCRATIC SUPERVISOR” over the other EU institutionsPOWER OF PURSUE
12THE COUNCIL OF THE EUROPEAN UNION Structure One minister from each Member State9 different Council configurationsPresidency: rotation every six monthsLocation: Brussels
13The Council of the European Union Role To pass EU legislationTo coordinate economic and social policies of MSTo conclude international agreements between the EU and other countriesTo approve the EU’s budgetTo develop the EU’s CFSPTo coordinata cooperation in the area of Freedom, security ans justice
14The Council of the European Union Organisation COREPERThe Council PresidencyThe General Secretariat
15The Council of the European Union voting system UNANIMITYCFSPTaxationAsylum and Immigration policyQualified Majority voting (in some cases a two thirds majority) andminimum of 232 votes is cast in favourrepresentation of at least 62% population
16THE COURT OF JUSTICE Structure 1 judge from each MS (25 in total) for 6 years; 8 advocates-generalIt seats as:Full court« Grand chamber » of 13 judgesChambers of 5 or 3 judges
17THE 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 rulingActions for failure to fulfil an obligationActions for annulmentActions for failure to act.
18CoJ: the procedure Written phase: Oral phase Written statements from the partiesReports by judgesOral phasePublic hearingOpinion from the advocate GeneralJudgement decided by a majority
19COURT OF FIRST INSTANCE and EUROPEAN CIVIL SERVICE TRIBUNAL CFI: Created in 1989Cases on:Actions brought by private individualsCompetition lawECST7 judgesDisputes between EU/civil servants
20The Court of Auditors checks that : all the European Union's revenue has been received;all its expenditure incurred in a lawful and regular mannerEU budget has been managed soundly.
21The EESC and the CoR EESC: CoR: 317 members: Workers, Employers, others (NGOs, Academics)Consultation roleCoR:317 members: regional and local authorities
22The way ahead From six to 27 MS:Revision of the decision making system Definition of the aims and objectives of the UnionDefinition of the EU and MS competencesKeeping in mind that ….
23WE DO NOT UNITE STATES, WE UNITE PEOPLE. Jean Monnet ( )