EU Legislation Rob Schnepper April 2003 Riga, Latvia

PRIMARY LEGISLATION Treaties establishing the European Communities SECUNDARY LEGISLATION Regulations Directives Decisions Recommendations and opinions CASE LAW Judgements of the European Court of Justice Judegments of the European Court of First Instance ACQUIS COMMUNAUTAIRE Primary legislation Secundary legislation PUBLICATION Official Journal of the European Communities

Key players in EU Legislative Process Council of the European Union (Council of Ministers) European Commission European Parliament Consultative Bodies Economic and Social Committee Committee of the Regions

Decision-Making and Legislative Process Council of the European Union Three Pillars (Treaty of Maastricht) PILLAR 1(agriculture, evironment, energy) 1.Commission proposal 2.Examination by experts/at political level 3.Consultancy of social partners/interest groups (Ecosoc) 4.Consultancy of local/regional authorities (CR) 5.Council decision: adopts, amends or rejects 6.European Parliament: co-decision with Counsel

PILLARS 2 and 3 The Counsel is: decision-maker (common foreign and security policy) promotor of initiatives (police and judicial cooperation) OUTCOME : SECONDARY LEGISLATION

Decision-Making and Legislative European Commission Functions: 1.Initiator of proposals for legislation Core objectives: a. identifying the European interest b. organising consultation c. respecting the priciple of subsidiarity

2. Guardian of the Treaties a. failure to act’ procedure b. reasoned opnion + deadline c. legal proceedings before the Court of Justice d. fines for individuals, firms and organisations

3. Manager and executor of EU policies and of international trade relations a.make rules covering details of Council legislation b. protect the Community market from dumping by third countries c. enforcing the Treaty’s competition rules and regulates mergers

Decision-Making and Legislative The European Parliament 1. Co-Decision Procedure - Decision making power next to the Council 2. Consultation procedure - Requires an opinion from the EP before the Council can adopt a legislative proposal from the Commission 3. Cooperation Procedure - Improve proposed legislation by amendment

4. Assent Procedure 5. Right of an Initiative -EP can ask the Commission to put forward a proposal 6. EU Citizens a. Petitions b. The European Ombudsman

Economic and Social Committee Consultative Role Advisory Power ESC gives opinion for Economic and Social partners (Employers, workers, trade unions, consumers etc)

THREE TYPES OF OPINIONS 1.mandatory consultation 2.voluntary consultation 3.own-initiative opnions

Committee of the Regions Independent Advisory Body Main Tasks: A.Providing other EU institutions with the local and regional point of view on Union proposals B. Informing citizens on EU policies

FOUR TYPES OF OPINIONS At the request of other institutions: 1. Mandatory consultation 2. Voluntary consultation On its own initiative: 3. ESC-opinions 4. GENERAL