Presentation on theme: "THE EUROPEAN UNION Institutions and Legal Framework"— Presentation transcript:
1 THE EUROPEAN UNION Institutions and Legal Framework Michele ColucciWeb site:European College, ParmaAcademic year
2 PURPOSES OF THIS COURSE INTRODUCING THE EU LEGAL ORDERUNDERSTANDING THE EU INSTITUTIONS’ MECHANISMEU LAW IN MOTIONTHE FUTURE OF THE EU:BEYOND THE LISBON TREATY
3 What is the European Union? DREAM...Monnet , Schuman, Spinelli,...HOPEPeace and well being of its peopleA REALITYAs of : 27 Member States, one currency for 17 Member States, more than people “united in diversity”!
4 Population figures: EU-27 CountryPopulation% of population in EU-27Germany82.5417.04France59.9012.37UK59.3312.25Italy57.4811.87Spain40.988.46Poland38.197.88Romania21.714.48Netherlands16.263.35Greece11.052.28Portugal10.482.16Belgium10.402.15Czech Republic10.212.11Hungary10.122.09Sweden8.971.85Austria8.091.67Bulgaria7.801.61Denmark5.401.11Slovakia5.38Finland5.221.08Ireland4.030.83Lithuania3.450.71Latvia2.320.48Slovenia1.990.41Estonia1.350.28Cyprus0.730.15Luxembourg0.450.09Malta0.400.08Total483.44100 %
5 HISTORIC STEPSTreaty 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 2004Reform 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 structureVALUES: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 agreementNo just governments but peopleNew Institutions with sovereign rightsThe “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 applicabilityPrimacy of law
10 AIMSAIMS (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 promotesocial 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,fisheryShared competenceInternal market rules, agriculture, transportEconomic, social and territorial cohesionSupporting actionsCulture, education, vocational training, sport
12 THE INSTITUTIONS (Art. 13 TEU) THE EUROPEAN PARLIAMENTTHE EUROPEAN COUNCILTHE COUNCILTHE EUROPEAN COMMISSIONTHE COURT OF JUSTICETHE EUROPEAN CENTRAL BANKTHE COURT OF AUDITORS
13 OTHER BODIES THE COMMITTEE OF REGIONS THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEETHE EUROPEAN INVESTMENT BANKAGENCIES
14 THE EUROPEAN COMMISSION Structure PRESIDENT AND 26 COMMISSIONERS (2007), 17 (TEU).Secretariat General, Legal Service36 DIRECTORATES- GENERAL (DGs):Agriculture, Environment, Employment and Social Affaires,Transport, and so on.
15 The European Commission Role INITIATOR OF LEGISLATIVE PROPOSALSGUARDIAN OF THE TREATIESEXECUTIVE ARM OF THE EUMOUTHPIECE FOR THE EU AT INTERNATIONAL LEVEL
16 THE EUROPEAN PARLIAMENT (art. 14 TEU) 785 Members from all 27 EU countriesMalta (5 seats), Germany (99 seats) (96).751 members.17 committeesAdministrative offices in LuxembourgPlenary sessions in StrasbourgCommittee meetings in Brussels
17 Political Groups Formation of political groups: MEPs elected in at least one-fifth of the MSs – new rule sinceminimum number of MEP’s required – 20PPE-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 institutionsBUDGETARY POWER
19 THE COUNCIL Art. 16 TEU One minister from each Member State 9 different Council configurationsGeneral Affairs and External Relations (including European Security and Defence Policy and Developmnet Co-operationEconomic and Financial Affairs (including budget)Agriculture and FisheriesEmployment, Social Policy, Health and Consumer affairsCompetitiveness (!) – comprisingInternal MarketIndustryResearchTourismJustice and Home affairs (including civil protection)EnvironmentTransport, Telecommunications and EnergyEducation, Youth and Culture (including audiovisual matters)Council Presidency: rotation every six monthsGeneral SecretariatLocation: Brussels
20 How does the Council work? Working groups – more than 250Coreper (Committee of the Permanent representatives of the MS’s) – responsible for preparing the work of the CouncilCoreper I Council of Ministers (9 configuration)Coreper IISeat 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 IIComposed 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 legislationTo co-ordinate economic and social policies of MSTo conclude international agreements between the EU and other countriesTo approve the EU’s budgetTo develop the EU’s CFSPTo coordinate co-operation in the area of Freedom, security and justice
23 The Council: voting system UNANIMITYCFSPTaxationAsylum and Immigration policyQualified Majority voting (in some cases a two thirds majority) andminimum of 232 votes is cast in favourrepresentation 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 countriesGermany, France, Italy and the United Kingdom 29Spain and Poland 27Romania 14Netherlands 13Belgium, Czech Rep., Greece, Hungary and Portugal 12Austria, Sweden, Bulgaria 10Denmark, Ireland, Lithuania, Slovakia and Finland 7Cyprus, Estonia, Latvia, Luxembourg and Slovenia 4Malta 3TOTAL 345
25 EUROPEAN COUNCIL Art. 15 TEU Neither an EU institution nor a legislatorintroduced 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 yearsCouncil meets at least twice a yearsubmit 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 judgesAppointed for a term of 6 years by joint agreement of the MS’sPresident for 3 years8 (11 RT)“advocates general” (AG= Amicus Curiae)present reasoned opinions („conclusions”) to CourtSeat - Luxembourg
28 THE COURT OF JUSTICE Role to ensure that:EU law is complied withTreaties are correctly interpreted and applied.It intervenes by:References for a preliminary rulingActions for failure to fulfil an obligationActions for annulmentActions for failure to act.
29 CoJ: the procedure Written phase: Oral phase Written statements from the partiesReports by judgesOral phasePublic hearingOpinion from the advocate GeneralJudgement decided by a majority
30 GENERAL COURT and EUROPEAN CIVIL SERVICE TRIBUNAL CFI: Created in 19891 judge per MSNo Advocates GeneralCases on:Actions for annullmentActions for failure to actCompetition lawEUROPEAN UNION CIVIL SERVICE TRIBUNAL7 judgesDisputes between EU/civil servants
31 The European Central Bank Maintain the stability of the EU currencyControl 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 mannerEU budget has been managed soundly.
33 The EESC and the CoR 350 members Consultatives bodies Representatives of the civil societyRepresentatives of local and regional governments
34 EUROPEAN OMBUDSMAN Created by the Maastricht Treaty Elected by the EP for 5 yearsDutiesInvestigate maladminsitration by the European Institutions (except the European Courts)following by a complaint or on own initiativePowers of the OmbudsmanInformation (the Institiution concerned has 3 months to give a detailed opinion on the matter)conciliationrecommendationreport to the EP
35 European AgenciesBodies set up by the EU to carry out a very specific technical, scientific or management task within first pillarLegal basis: regulation specifying its taskcurrently 23 bodies that match the definition of a Community Agency under the namecentreinstitutefoundationofficeauthority
36 European AgenciesEuropean Centre for the Development of Vocational Training (Cedefop) - ThessalonikiEuropean Foundation for the Improvement of Living and Working Conditions (EUROFOUND) - DublinEuropean Environment Agency (EEA) - CopenhagenEuropean Training Foundation (ETF) - TurinEuropean Monitoring Centre for Drugs and Drug Addiction (EMCDDA) - LisbonEuropean Medicines Agency (EMEA) - LondonOffice for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM) - AlicanteEuropean Agency for Safety and Health at Work (EU-OSHA) - BilbaoCommunity Plant Variety Office (CPVO) - AngersTranslation Centre for the Bodies of the European Union (CdT) - LuxembourgEuropean Fundamental Rights Agency - ViennaEuropean Agency for Reconstruction (EAR) - ThessalonikiEuropean Food Safety Authority (EFSA) - ParmaEuropean Maritime Safety Agency (EMSA) - LisbonEuropean Aviation Safety Agency (EASA) - CologneEuropean Network and Information Security Agency (ENISA) - HeraklionEuropean Centre for Disease Prevention and Control (ECDC) - StockholmEuropean Global Navigation Satellite System Supervisory Authority
37 SUMMING UP: The Lisbon Treaty Double majority decision making in Council of Ministers55% of member states and 65% of the EU's population in favourPolish request accepted: new voting system will only apply from 2014Extra transition period until 2017 when additional provisions to block a decision will applyExtending qualified majority voting40 new policy areasEspecially: asylum, immigration, police and judicial cooperation in criminal matters;Permanent Council presidencyChair EU Summits for a 2.5 years, renewable - instead of six-month rotationHigh Representative of the EU for Foreign Affairs and Security PolicyReplace current EU High Representative for Foreign Affairs Javier Solana and the external relations commissionerName ‘EU Foreign Minister’ droppedReducing the number of Commissioners from 27 to 15 by 2014Single legal personality for the EU – no more pillar structureEU competende on SportNational parliaments’ role enhancedright to raise objections against draft EU legislationExit clause - possible for Member States to leave the EU!!!!!
38 New Items and changes compared to the Constitutional Treaty Reference to new challengesclimate changeenergy solidarityApplying new opt-in/out provisionspolicies on border checksasylum and immigrationjudicial co-operation in civil mattersjudicial cooperation in criminal matterspolice co-operationName ‘Constitution’ discardedNo reference to the symbols and anthem of the EUFull 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 ( )