1. Overview of EC law and Institutions Dubrovnik June 2009

2. The Commission Refers to College (all 27 Commissioners) and to permanent civil servants Commissioners (five year renewable term) nominated by MS but independent in performance of duties President of Commission nominated by European Council and approved by EP List of Commissioners subject to scrutiny of EP parliamentary committee before approval by EP list adopted by Council (QMV)

3. Powers of Commission Legislative Right of legislative initiative Develops policy (5 year plan (with Council and EP approval) and yearly overall legislative agenda Administrative Policy made must be administered Legislation once enacted must be implemented

4. Powers of Commission Executive Budget (significant powers over expenditure –agri and structural funds) External relations (represents Community at WTO, UN, Council of Europe, OECD) Accession negotiations Judicial Article 226 enforcement actions against MS State aid and competition decisions, reviewable to CFI

5. Council Representative of each MS at ministerial level who is authorised to commit government of that State (politicians not civil servants) Meetings arranged by subject matter (e.g. Ecofin, GAERC) and different national Ministers attend 6 month rotating presidency Work prepared by COREPER II (economic and financial affairs and external relations - permanent national reps of ambassadorial rank) and COREPER I (environment, social affairs, internal market transport - deputy permanent reps)

6. Role of Council Co-legislator with EP Council must vote approval (unanimity, qualified majority, simple majority depending on Treaty Article) on virtually all Commission legislative initiatives Can delegate powers to Commission allowing it to pass regulations Budget – with EP Concludes agreements with non MS and international organisations Significant power under Pillars II and III

7. European Council No important internal/external developments occur without consideration at IGC Consists of Heads of State and Commission President Sets pace and shape of Community policy (e.g. Lisbon Agenda) Meets approx 4 times a year (two per presidency) Conflict resolution e.g. budget Consider new accessions

8. European Parliament Transformation from relatively powerless Assembly to much strengthened institution today Sits in Strasbourg, secretariat in Luxembourg and meets in Brussels to facilitate contact with Commission and Council Only directly elected Community institution (1979) MEPs have 5 year terms Any citizen of the Union, resident in a MS has a right to vote and stand as candidate in EP elections Sits in political groups rather than by nationality Elects own President and work done via 20 standing committees

9. European Parliament After TEU, co-decision now applies to much important Community legislation Thus EP co-equal partner with Council Less power in initiatives under pillars II and III Can censure Commission and require its resignation EP must approve Commission President and Commissioners (three replacement nominees last time around) Supervisory (Qs, and appointment of Ombudsman) Important powers in relation to budget (Article 272 EC)

10. European Courts 1 Judge per MS to ECJ for 6 years and renewable (CFI at least 1 Judge) Full court, grand chamber (13), 5/3 Judges AG delivers single opinion while Judgments are collegiate and no dissent or concurring Judgments ECJ fashioned seminal principles of Community legal order such as direct effect, supremacy, state liability for damages

11. European Court of Justice Preliminary rulings interpreting the EC Treaty (Preliminary References from national courts or tribunals), on the validity of acts of the Institutions and ECB (Article 234) Can review the legality of acts adopted jointly by EP and Council, Council, Commission and ECB and acts of EP intended to produce legal effects on third parties Cases by Commission against MS for failure to fulfill its Treaty obligations (Article 226) May impose lump sum or periodic penalty payments on MS who have not taken measures to comply with an earlier judgment of the Court (Article 228) Actions for failure to act (Article 232) Private actions against a Decision which is of direct and individual concern (Article 230)

12. Court of Auditors Established 1975, operational 1977, got status of fifth Community institution in TEU (Article 7) Sits in Luxembourg, structure similar to European Court 1 national per Member State, appointed by Council (QM) following consultation with EP. Must be qualified and independent in office. Task: to scrutinize finances of Community and ensure sound financial management Draws up annual report, adopted by majority of members which is sent to other Community institutions and published in Official Journal with their replies.

13. Sources of EC law EC Treaty itself Regulations - Directly applicable in all MSs Directives - Binding on the MS to which it is addressed for the result to be achieved, it leaves the MS with the choice of form and method of implementation Decisions – Binding in its entirety on those to whom it is addressed Opinions and Recommendations – not binding Soft law: Guidelines

14. EC law No magic formula as to which legislative procedure to use, differs depending on the Treaty Article being relied on. Much important legislation now governed by co- decision (ex agri, fisheries, tax, trade policies, competition, EMU) - even more if Lisbon Treaty is ratified. Representing clients effectively requires an understanding of how the process works and where and how it can best be influenced.