THE EUROPEAN UNION Institutions and Legal Framework

1. THE EUROPEAN UNIONInstitutions and Legal Framework Michele Colucci Email: info@colucci.eu Web site: www.colucci.eu European College, Parma Academic year 2010-2011

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 1.10.2010: 27 Member States, one currency for 16 Member States, more than 483.000.000 people “united in diversity”!

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 18-19 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. 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 .

9. 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!

10. 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

11. 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 .

12. POWERS OF THE EU • Exclusive 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

13. 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

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

15. THE EUROPEAN COMMISSIONStructure • 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.

16. The European CommissionRole • INITIATOR OF LEGISLATIVE PROPOSALS • GUARDIAN OF THE TREATIES • EXECUTIVE ARM OF THE EU • MOUTHPIECE FOR THE EU AT INTERNATIONAL LEVEL

17. 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

18. Political Groups Formation of political groups: • MEPs elected in at least one-fifth of the MSs – new rule since 1.1.2007 • 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/NGLConfederal Group of the European United Left - Nordic Green Left (41) • IND / DEM Independence / Democracy (24) • IDSIdentity, Tradition and Sovereignty Group (21) • NI Non-attached (13) Note: figures as of May 2007

19. THE EUROPEAN PARLIAMENTRole • PASSING EUROPEAN LAWS – jointly with the Council • “DEMOCRATIC SUPERVISOR” over the other EU institutions • BUDGETARY POWER

20. 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

21. 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)

22. COREPER I and II Coreper I 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).

23. 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

24. 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

25. 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 UnitedKingdom29 • Spain and Poland27 • Romania 14 • Netherlands13 • Belgium, Czech Rep., Greece, Hungary and Portugal12 • Austria, Sweden, Bulgaria 10 • Denmark, Ireland, Lithuania, Slovakia and Finland7 • Cyprus, Estonia, Latvia, Luxembourg and Slovenia4 • Malta3 TOTAL345

26. 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 thegeneral 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)

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

28. 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

29. THE COURT OF JUSTICERole • 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.

30. CoJ: the procedure • Written phase: • Written statements from the parties • Reports by judges • Oral phase • Public hearing • Opinion from the advocate General • Judgement decided by a majority

31. GENERAL COURTand 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 • Competitionlaw • EUROPEAN UNION CIVIL SERVICE TRIBUNAL • 7 judges • Disputes between EU/civil servants

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

33. 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.

34. The EESC and the CoR • 350 members • Consultatives bodies • Representatives of the civil society • Representatives of local and regionalgovernments

35. 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

36. 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 

37. 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

38. 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 majorityvoting • 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!!!!!

39. New Itemsand 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

40. WE DO NOT UNITE STATES, WE UNITE PEOPLE. Jean Monnet (1888-1979)