1. Law LA1: European Union Institutions European Union Institutions AS Level Law: Unit 1

2. Law LA1: European Union Institutions Objectives Explain the role of the four main European institutions, i.e. the Commission, the Council, the European Parliament and the European Court of Justice Explain the judicial and supervisory role of the European Court of Justice Explain the role of the European Court of First Instance

3. Law LA1: European Union Institutions The European Legal Order EU established after WW2 to assist in physical and economic reconstruction Main aims – to promote economic development of member states and improve living standards of Union citizens Since expanded to include social and environmental policy, monetary and political union To achieve aims, EU has established its own legal institutions and laws

4. Law LA1: European Union Institutions The European Union grew out of the European Coal and Steel Community, founded in 1951 with 6 members: Belgium, the Netherlands, Luxembourg, West Germany, France and Italy. Its purpose was to pool the countries’ coal and steel resources. European Union Institutions

5. Law LA1: European Union Institutions The Coal and Steel Community was later joined by the European Economic Community and the European Atomic Energy Community. The European Union was formed in 1993, combining the three Communities with a common foreign policy and co- operation in criminal matters. UK joined in 1973 Now 27 members European Union Institutions

6. Law LA1: European Union Institutions European Union Institutions The Commission - main executive body – headed by Commissioners ( 27 of them) who are appointed by the member states subject to approval by the Parliament, for 5 years Commissioners are independent – role is to represent the interests of the EU Commission - Proposes and drafts EU legislation, negotiates trade agreements & draws up annual budget Ensures that member states uphold EU law Re Tachographs: EC Commission v UK (1979)

7. Law LA1: European Union Institutions European Union Institutions The Council - main decision-making and legislative body. Represents the interests of individual member states. Most powerful of the institutions. No permanent membership. Adopts Union legislation based on proposals from the Commission and after consulting the Parliament. European Council - related institution -major policy making body - meets at ‘Euro-Summits’ ( Art. 2 of the Single European Act 1986).

8. Law LA1: European Union Institutions European Union Institutions European Parliament- has mainly consultative and advisory role 785 members elected in their own countries – every 5 years (Britain has 87 MEPs) Parliament exercises a supervisory role over the Commission Can veto the appointment of the Commission and dismiss the whole Commission Reports on the Council 3 times a year Can bring actions against other EU institutions Role of the Parliamentary Ombudsman

9. Law LA1: European Union Institutions The European Court of Justice – supervises the application of EU Law Sits in Luxembourg – 27 judges appointed for a period of 6 years Judges assisted by 8 Advocates General Since 1989 ECJ assisted by European Court of First Instance Constitutional court, provides definitive interpretations of EU law European Union Institutions

10. Law LA1: European Union Institutions The European Court of Justice – 2 functions: judicial role and a supervisory role Judicial Role: Hears disputes against member states and cases against European institutions e.g. Re Tachographs: EC Commission v UK (1979) United Kingdom v Council of the European Union (1996) European Union Institutions

11. Law LA1: European Union Institutions The European Court of Justice - Supervisory Role Article 234 ( known as Art. 177 before Treaty of Amsterdam) – any court can refer a question on EU law to the ECJ The referral system ensures that the law is interpreted the same throughout the EU Reference MUST be made if the national court is the final appeal court European Union Institutions

12. Law LA1: European Union Institutions European Union Institutions In deciding whether a ruling is necessary, English courts use the Bulmer v Bollinger (1974) guidelines - e.g. not necessary where: ECJ has previously ruled on the same point. Point is reasonably clear and free from doubt (the acte clair doctrine). The facts of the case had not yet been decided. It would not be conclusive of the case.

13. Law LA1: European Union Institutions Supervisory Role - Art.234: Customs and Excise Commissioners v APS Samex (1983) R v International Stock Exchange, ex parte Else 1993) Marshall v Southampton and South West Hampshire Area Health Authority (1986) ECJ is not an appeal court – it assists national courts, the actual decision remains the task of the national court ECJ IS not to be confused with the European Court of Human Rights, this court is NOT an institution of the EU. European Union Institutions

14. Law LA1: European Union Institutions The European Court of First Instance: Established in 1988 – Single European Act Art.225 Aim – to reduce the workload of the ECJ Limited jurisdiction Deals with mainly internal litigation European Union Institutions

15. Law LA1: European Union Institutions Council, Commission & Parliament all have a role in making EU law All legislation starts with proposal from the Commission Parliament has an increased role – but still limited Council – key role, 3 systems of voting in the Council: 1.Unanimity 2.Simple majority 3.Qualified majority Making European Legislation

16. Law LA1: European Union Institutions Conclusion UK membership of EU has had wide-ranging effects particularly regarding sovereignty, while this could in theory be reversed, this is unlikely to occur in practice. Therefore, Assuming continued UK membership, EU law will play an increasingly significant role within the English Legal System.

17. Law LA1: European Union Institutions You should now be able to write a short paragraph in response to each of the following: Explain the emergence of the EU. Explain the role of the different EU institutions. Test Questions

18. Law LA1: European Union Institutions www.eur-lex.eurpoa.eu/en/index www.europa.eu/en/index Useful Websites