THE EUROPEAN UNION Institutions and Legal Framework Michele Colucci Email: info@colucci.eu Web site: www.colucci.eu European College, Parma Academic year 2011-2012

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

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”!

Population figures: EU-27 Country Population % of population in EU-27 Germany 82.54 17.04 France 59.90 12.37 UK 59.33 12.25 Italy 57.48 11.87 Spain 40.98 8.46 Poland 38.19 7.88 Romania 21.71 4.48 Netherlands 16.26 3.35 Greece 11.05 2.28 Portugal 10.48 2.16 Belgium 10.40 2.15 Czech Republic 10.21 2.11 Hungary 10.12 2.09 Sweden 8.97 1.85 Austria 8.09 1.67 Bulgaria 7.80 1.61 Denmark 5.40 1.11 Slovakia 5.38 Finland 5.22 1.08 Ireland 4.03 0.83 Lithuania 3.45 0.71 Latvia 2.32 0.48 Slovenia 1.99 0.41 Estonia 1.35 0.28 Cyprus 0.73 0.15 Luxembourg 0.45 0.09 Malta 0.40 0.08 Total 483.44 100 %

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)

THE EUROPEAN UNION (2007): A political and economic structure

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).

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!

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

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 .

POWERS OF THE EU Exclusive competence Shared 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

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

OTHER BODIES THE COMMITTEE OF REGIONS THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE THE EUROPEAN INVESTMENT BANK AGENCIES

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.

The European Commission Role INITIATOR OF LEGISLATIVE PROPOSALS GUARDIAN OF THE TREATIES EXECUTIVE ARM OF THE EU MOUTHPIECE FOR THE EU AT INTERNATIONAL LEVEL

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

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

THE EUROPEAN PARLIAMENT Role PASSING EUROPEAN LAWS – jointly with the Council “DEMOCRATIC SUPERVISOR” over the other EU institutions BUDGETARY POWER

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

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)

COREPER I and II Coreper I Coreper II 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).

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

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

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

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 TEU)

COURT OF JUSTICE OF THE EUROPEAN UNION The Court of Justice (art. 253 TFEU) General Court (254 TFEU) Specialised Courts (art. 257)

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

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.

CoJ: the procedure Written phase: Oral phase Written statements from the parties Reports by judges Oral phase Public hearing Opinion from the advocate General Judgement decided by a majority

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

The European Central Bank Maintain the stability of the EU currency Control of the amount of currencies in circulation

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.

The EESC and the CoR 350 members Consultatives bodies Representatives of the civil society Representatives of local and regional governments

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

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 

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

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!!!!!

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

WE DO NOT UNITE STATES, WE UNITE PEOPLE. Jean Monnet (1888-1979)