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This article provides an overview of the major institutions of the European Union (EU) and the Council of Europe, highlighting their roles and functions. It also explains the different types of legal documents and how to access them for research purposes.
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Don’t confuse the EU/EC with the Council of Europe… The European flag represents both the Council of Europe and the European Union to strengthen the idea of solidarity between the different organizations for a united and democratic Europe .
Major Council of Europe Institutions Major European Union Institutions Committee of Ministers (ministers of foreign affairs from each member state) Council of the European Union or Council of Ministers (member state representatives, usually foreign affairs ministers) European Commission (elected members) European Council (member state heads of state) Parliamentary Assembly (appointed or elected members) European Parliament (elected members) European Court of Human Rights European Court of Justice European Commission of Human Rights Economic & Social Committee Congress of Local & Regional Authorities Committee of the Regions
EU Law Making Institutions • European Commission • European Council • European Parliament • Court of Justice The Commission proposes legislation and policies, the Council approves legislation and can propose legislation of its own, and the Parliament gives its opinion on proposals, amended proposals, and addresses questions to the Commission. The Court of Justice enforces the legislation under the Treaties.
Other major EU/EC institutions European Court of Auditors European Ombudsman European Data Protection Supervisor European Central Bank European Investment Bank –European Investment Fund European Economic and Social Committee Committee of the Regions
UGA is one of the few law libraries to hold EU depository status • Emory's main and law libraries share their EU depository collection
CommonTypes of documents • Treaties (Primary Legislation) • Secondary Legislation • Case Law • proposals, reports, press releases, etc.
Primary Legislation = Treaties • Founding Treaties • Consolidated Versions • Accession Treaties • Other Treaties
Secondary Legislation: • Regulations • Directives • Decisions • Recommendations
EUR-Lex Free -access from anywhere - no password needed http://eur-lex.europa.eu/en/index.htm EUR-Lex is your portal to EU law
If you have an O.J. citation, and it’s from 1998 to present, go here
Official Journal of the European Union roughly the equivalent of the U.S. Federal Register • "L" series = final texts of legislation • "C" series = notices, reports, proposed legislation For many documents, the Bluebook will want you to cite to the Official Journal
“L” # and page # Official Journal PDFs available in EUR-Lex
Use this search box if you have citation to O.J. and it's 1998 or later Use if O.J. volume is prior to '98 (selected full text); if not here, use the print O.J. in the Basement Browse O.J. by year from 1998-current
EURLex biblio page O.J. cite formats available relevant dates search terms
even more EURLex biblio page legislative history citator function relevant domestic law
Consolidated Legislation integration of basic instruments, along with amendments and corrections, into single, non-official documents access via the Directory of Community Legislation or at http://eur-lex.europa.eu/en/legis/avis_consolidation.htm
The Commission's documents are initially issued as "COM docs" while final versions of most docs end up in the O.J.
Broad subject areas Where you’ll find merger and antitrust cases
PreLex tracks pending legislation http://ec.europa.eu/prelex/apcnet.cfm?CL=en
The Legislative Observatory on EuroParl http://www.europarl.europa.eu/oeil/index.jsp?language=en Like Prelex, this site is useful for tracking pending legislation
What are "white papers" - documents containing proposals for EU action in a specific policy area What are "green papers" - discussion papers published by the Commission on a specific policy area; often precede a White Paper These are issued as COM docs; we have paper thru early 2000s, also available online at http://europa.eu/documents/comm/white_papers/index_en.htm and http://europa.eu/documents/comm/green_papers/index_en.htm
CURIA: ECJ’s site http://curia.europa.eu/jcms/jcms/j_6/ To get to search form Note: you can’t always get the necessary citation information from the Court’s site. EUR-Lex provides citation information
Search form on the court’s site But note date restriction beer