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THE EUROPEAN UNION Institutions and Legal Framework

THE EUROPEAN UNION Institutions and Legal Framework. Michele Colucci Email: info@colucci.eu Web site: www.colucci.eu Parma 8-9 November 2006. PURPOSES OF THIS COURSE. INTRODUCING THE EU UNDERSTANDING THE EU INSTITUTIONS’ MECHANISM EU LAW IN MOTION. What is the European Union?.

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THE EUROPEAN UNION Institutions and Legal Framework

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  1. THE EUROPEAN UNIONInstitutions and Legal Framework Michele Colucci Email: info@colucci.eu Web site: www.colucci.eu 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 1.1.2007: 27 Member States, one currency for 13 Member States, more than 450.000.000 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 COMMISSIONStructure • 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 CommissionRole • INITIATOR OF LEGISLATIVE PROPOSALS • GUARDIAN OF THE TREATIES • EXECUTIVE ARM OF THE EU • MOUTHPIECE FOR THE EU AT INTERNATIONAL LEVEL

  10. THE EUROPEAN PARLIAMENTStructure • 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 PARLIAMENTROLE • PASSING EUROPEAN LAWS – jointly with the Council • “DEMOCRATIC SUPERVISOR” over the other EU institutions • POWER OF PURSUE

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

  13. The Council of the European UnionRole • 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 UnionOrganisation • COREPER • The Council Presidency • The General Secretariat

  15. The Council of the European Unionvoting 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 JUSTICEStructure • 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 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.

  18. 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

  19. COURT OF FIRST INSTANCEand 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: • 317 members: Workers, Employers, others (NGOs, Academics) • Consultation role • CoR: • 317 members: regional and local authorities • Consultation role

  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 (1888-1979)

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