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The European Union

The European Union. A Short Presentation on its Structure. EUR/ERA Wendy Moore, Director. POLITICAL Liam Wasley —Political Deputy Scott Brandon —Senior Political Officer (NEA) Stephanie Espinal — “Desk Officer” (EAP, WHA, Af /Pak)

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The European Union

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  1. The European Union A Short Presentation on its Structure -- INTERNAL USG USE ONLY --

  2. EUR/ERAWendy Moore, Director POLITICAL • Liam Wasley—Political Deputy • Scott Brandon—Senior Political Officer (NEA) • Stephanie Espinal— “Desk Officer” (EAP, WHA, Af/Pak) • Colleen Traughber (Balkans, Eastern Neighborhood, Enlargement, HR) • Andrea Gorog (CT, JHA, Parliament, AF, UN) • Alessandro Nardi (Pol/Mil, Iran) ECONOMIC • Amy Westling—Economic Deputy • Nick Parikh—Senior Economic Officer (Macroeconomics + Euro Crisis) • Kim Tuminaro — Senior Trade Officer (Transatlantic Economic Council) • Daleya Uddin (ESTH, Energy) • Carolina Hidea (Trade) • Leslie Freriksen (Data Privacy) • Alicia Romano (Development, Agriculture, Economic Statecraft ) • Anne Coleman-Honn (Trade) -- INTERNAL USG USE ONLY --

  3. Why does the EU matter? • Half a billion people • Largest community of democracies in the world • Partner of the United States • EU and its member states are the largest aid donor • U.S. and the EU are the two largest economies in the world -- INTERNAL USG USE ONLY --

  4. The Scoop on the EU • The nature of the EU • Key structures of the EU you need to understand • How the EU functions -- INTERNAL USG USE ONLY --

  5. Fundamental Nature of the EU -- INTERNAL USG USE ONLY --

  6. The Bipolar European Project • The EU is all of these things … by design -- INTERNAL USG USE ONLY --

  7. Institutions I • European Council (European Council) • Council of the European Union (Council) • Commission (EC) • Parliament (EP) • Court of Justice (ECJ) Intergovernmental orientation Supranationalorientation -- INTERNAL USG USE ONLY --

  8. EU Tour de Treaties • Treaty of Paris/ECSC (1951) • Treaty of Rome/EEC (1957) • Single European Act (1986) • Maastricht Treaty/EU/EMU (1991) • Amsterdam Treaty (1997) & Nice Treaty (2001) • Constitutional Treaty (2003) • Lisbon Treaty (2007) • Enlargements (1973, 1981, 1986, 1995, 2004, 2007, 2013)(20XX?) Note: Except for enlargements, dates are dates of signature; entry into force/effect typically 1-2 years later. -- INTERNAL USG USE ONLY --

  9. The Treaties Today • Treaty on European Union (TEU, originally Maastricht) • Treaty on the Functioning of the European Union (TFEU, formerly TEC, originally Rome) Note: NOT the Treaty of Lisbon as such -- INTERNAL USG USE ONLY --

  10. Treaties & the Role of Key Actors • Member States = Masters of the Treaties • Commission = Guardian of the Treaties • Court of Justice = Arbiter of the Treaties • European Parliament = Champion of the Treaties • National courts, parliaments, and electorates = Watchdogs of the Treaties (only bark occasionally) -- INTERNAL USG USE ONLY --

  11. What does the EU do? • Short answer: whatever the Member States have decided it can do (via the Treaties) • Long answer: “competences” on different subjects -- INTERNAL USG USE ONLY --

  12. Competences I • ‘Common Market’ (EEC/Community) (ex-pillar 1) • Trade, agriculture, transport, energy, FDI, etc. • Most ‘supranational’ – decisions by qualified majority of Council, with co-decision role for Parliament, upon proposals from Commission • Common Foreign and Security Policy (CFSP) (ex-pillar 2) • Foreign policy issues, but not all external matters; no legislation • Most ‘intergovernmental’ – decisions by unanimity, foreign ministers • Freedom, Security and Justice (FSJ, aka JHA) (ex-pillar 3) • Law enforcement cooperation, C-T, asylum, borders, etc. • Increasingly ‘supranational’ after Lisbon -- INTERNAL USG USE ONLY --

  13. Competences II • Exclusive competences [field preemption] • Only EU may legislate and adopt legally binding acts • MS can do so only to implement or if empowered by EU • Shared competences [conflict preemption] • Both EU & MS may legislate and adopt legally binding acts • BUT, if EU has legislated, MS can act only to extent EU has not • Parallel competences [no preemption] • A type of shared competence where EU and MS can both act at once • Supporting competences [no preemption] • EU may support, coordinate, or supplement MS actions Source: Jean-Claude Piris, The Lisbon Treaty: A Legal and Political Analysis (2010) -- INTERNAL USG USE ONLY --

  14. Competences III Source: Piris; TFEU Articles 2-5 -- INTERNAL USG USE ONLY --

  15. How does the EU do what it does? • Legislative acts (akin to statutes) • Regulations: directly applicable in all Member States • Directives: Member States must legislate to achieve a particular result • Decisions: binding on those to whom and how addressed • Non-legislative acts (akin to rulemaking) • Commission ‘delegated acts’ • Member State ‘implementing acts’ -- INTERNAL USG USE ONLY --

  16. Important Structures • The European Council • The Council of the European Union • The European Commission • The European Parliament • the European Court of Justice • the European Central Bank • the Court of Auditors • [The European External Action Service (EEAS)] -- INTERNAL USG USE ONLY --

  17. Five inaptly named Key Structures • The European Council = summitof heads of state • The Council of the European Union = member states’ ministers’ meetings (also a bit like our Senate) • The European Commission =The EU’s executive bureaucracy • The European Parliament = Not a typical European parliament, more like our House of Representatives • The European External Action Service = The EU diplomatic corps and “MFA” -- INTERNAL USG USE ONLY --

  18. Structure #1: The European Council Need to know: Heads of State or Government meet 4+ times a year to debate BIG ISSUES -- INTERNAL USG USE ONLY --

  19. Structure #1: The European Council • BIG ISSUES • Provide the EU’s policy agenda • No legislative powers, but decisive influence • “give impetus to development” of the EU per the Lisbon Treaty • Examples : • The Eurozone crisis and economic reform • EU enlargement decisions (by their nature, a big deal) • Foreign Policy -- INTERNAL USG USE ONLY --

  20. Structure #2: The Council of the European Unionaka The Council of Ministersaka “The Council” -- INTERNAL USG USE ONLY --

  21. How “the Council” Meets? Monthly in each of these “configurations” • General Affairs Council (GAC): deals with internal matters, prepares for the leaders’ summit (Structure #1: European Council) • Foreign Affairs Council (FAC): usually meetings of 27 EU Foreign Ministers to discuss EU common foreign policies • Economic and Financial Affairs (ECOFIN) • Justice and Home Affairs Council (JHA) • Competitiveness • Agriculture and Fisheries • Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) • Transport, Telecommunications and Energy • Environment • Education, Youth and Culture (EYC) -- INTERNAL USG USE ONLY --

  22. Structure #3: The European Commission • (No blue ribbons or investigations) • Executive bureaucracy of the EU • Initiates legislation, and then oversees its application • Headed by 28 commissioners • Commissioners function akin to a ‘cabinet government’ • Directorates General ≈ U.S. government agencies or European Ministries • Jose Manuel Barroso—President of the European Commission -- INTERNAL USG USE ONLY --

  23. Structure #4:The European Parliament -- INTERNAL USG USE ONLY --

  24. Structure #4:The European Parliament • Like our House of Representatives, but without the power to initiate legislation; elected every 5 years • The one “democratic” institution of the EU • With the Council, approves most legislation (they call it “co-decision”) • After Lisbon, a decisive role in almost all EU legislation • The European Parliament does things that impact our foreign policy, like approve (or reject) EU agreements like the TTIP -- INTERNAL USG USE ONLY --

  25. Structure #5: European External Action Service • EEAS, or EAS • A new, post-Lisbon diplomatic corps & “MFA” • Personnel from the Council and Commission bureaucracies, plus seconded member state diplomats on four year ‘tours’ in the EU • High Representative Ashton ≈ Secretary Kerry • “Managing Directors” ≈ Assistant Secretaries -- INTERNAL USG USE ONLY --

  26. Appoint European Central Bank 6 Board Members Sets Monetary Policy for the Eurozone The European Council Heads of Government From Each Member State Sets Policy, Approves Approves European Court of Justice 1 Judge From Each Member State Ensure the Interpretation and Application of EU Law The European Parliament 766 Members Budget, Legislation, Oversight The Commission 28 Members Initiates Legislation, Guardians of the Treaties The Council 1 Minister From Each Member State Approves Legislation by Co-Decision Appoint Comprise Nominates Elect National Governments Elect EU Member State Voters 506 Million Citizens -- INTERNAL USG USE ONLY --

  27. How does all this translate for TTIP? • Commission proposed, then Council approved negotiating mandate on June 14 • DG Trade negotiates on behalf of EU • Assuming successful U.S.-EU negotiations, Council will need to approve final text (by QMV? by unanimity?) • European Parliament needs to approve by simple majority • Will national parliaments also need to approve? • Will TTIP be EU-only agreement? Or EU + Member States (“mixed”) agreement? • Will TTIP cover areas of shared EU-MS competence? -- INTERNAL USG USE ONLY --

  28. Thank you! Jeremy Weinberg & Stephanie Espinal -- INTERNAL USG USE ONLY --

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