1. THE EUROPEAN UNION Institutions and Legal Framework
Michele Colucci
Web site:
Parma 8-9 November 2006

2. PURPOSES OF THIS COURSE
INTRODUCING THE EU
UNDERSTANDING THE EU INSTITUTIONS’ MECHANISM
EU LAW IN MOTION

3. What is the European Union?
A DREAM...
Monnet , Schuman, Spinelli,...
A REALITY
As of : 27 Member States, one currency for 13 Member States, more than people “united in diversity”!
A HOPE
Peace and prosperity

4. 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 Nice (2001).
Treaty establishing a Constitution for Europe signed in Rome on 29 october 2004 but not ratified yet

5. THE EUROPEAN UNION: A political and economic structure

6. THE INSTITUTIONS THE EUROPEAN COMMISSION
THE COUNCIL OF THE EUROPEAN UNION
THE EUROPEAN PARLIAMENT
THE COURT OF JUSTICE
THE COURT OF AUDITORS

7. OTHER INSTITUTIONS THE COMMITTEE OF REGIONS
THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE
THE EUROPEAN INVESTMENT BANK
THE EUROPEAN CENTRAL BANK
AGENCIES

8. THE EUROPEAN COMMISSION Structure
PRESIDENT AND 25 COMMISSIONERS (2006)
Secretariat General, Legal Service
36 DIRECTORATES- GENERAL (DGs):Agriculture, Environment, Employment and Social Affaires,Transport, and so on.

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

10. THE EUROPEAN PARLIAMENT Structure
732 Members from all 25 EU countries
Malta (5 seats), Germany (99 seats)
7 Europe-wide political groups
17 committees
Administrative offices in Luxembourg
Plenary sessions in Strasbourg
Committee meetings in Brussels

11. THE EUROPEAN PARLIAMENT ROLE
PASSING EUROPEAN LAWS – jointly with the Council
“DEMOCRATIC SUPERVISOR” over the other EU institutions
POWER OF PURSUE

12. THE COUNCIL OF THE EUROPEAN UNION Structure
One minister from each Member State
9 different Council configurations
Presidency: rotation every six months
Location: Brussels

13. The Council of the European Union Role
To pass EU legislation
To coordinate 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 coordinata cooperation in the area of Freedom, security ans justice

14. The Council of the European Union Organisation
COREPER
The Council Presidency
The General Secretariat

15. The Council of the European Union 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

16. THE COURT OF JUSTICE Structure
1 judge from each MS (25 in total) for 6 years; 8 advocates-general
It seats as:
Full court
« Grand chamber » of 13 judges
Chambers of 5 or 3 judges

17. 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.

18. 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

19. COURT OF FIRST INSTANCE and EUROPEAN CIVIL SERVICE TRIBUNAL
CFI: Created in 1989
Cases on:
Actions brought by private individuals
Competition law
ECST
7 judges
Disputes between EU/civil servants

20. 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.

21. The EESC and the CoR EESC: CoR:
317 members: Workers, Employers, others (NGOs, Academics)
Consultation role
CoR:
317 members: regional and local authorities

22. The way ahead From six to 27 MS:Revision of the decision making system
Definition of the aims and objectives of the Union
Definition of the EU and MS competences
Keeping in mind that ….

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