1. THE EUROPEAN UNION Institutions and Legal Framework
Michele Colucci
Web site:
European College, Parma
Academic year

2. 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

3. What is the European Union?
DREAM...
Monnet , Schuman, Spinelli,...
HOPE
Peace and well being of its people
A REALITY
As of : 27 Member States, one currency for 17 Member States, more than people “united in diversity”!

4. 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 %

5. 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 october 2007)

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

7. 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).

8. 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!

9. 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

10. 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 .

11. 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

12. 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

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

14. 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.

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

16. 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

17. Political Groups Formation of political groups:
MEPs elected in at least one-fifth of the MSs – new rule since
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

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

19. 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

20. 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)

21. 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).

22. 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

23. 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

24. 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

25. 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)

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

27. 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

28. 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.

29. 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

30. 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

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

32. 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.

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

34. 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

35. 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 

36. 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

37. 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!!!!!

38. 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

39. WE DO NOT UNITE STATES, WE UNITE PEOPLE.
Jean Monnet ( )