INSTITUTIONS AND BODIES OF THE EU

The European Parliament – ”The Parliament” The Council of the European Union  - “ The Council” The European Commission – ”The Commission” The Court of Justice of the European Communities – “The ECJ” The European Court of Auditors The European Council – ”The Summit” ADVISORY BODIES: The Committee of the Regions - COR European Economic and Social Committee - EESC

THE EUROPEAN COMMISSION = The Commission Acts for the common good of the EU Supervises the interests of the Union Consists of 23 Directorates-General (DG) Comprises one national per Member State The members are appointed for a 5 year renewable term The nomination of the new Commission and its President is subject to the Parliament’s approval The Parliament has the right to dismiss the entire Commission José Manuel Barroso, President of the Commmission

THE COMMISSION (cont.) Legislative powers Initiative monopoly => The only EU institution which can give a legislative proposal to the Council and the Parliament The Commission can give recommendations and opinions on its own initiative To implement the Council decisions it has been given powers of delegated legislation

THE COMMISSION (cont.) Administrative role Supervisor of the EC law implementation Wide powers to act especially within the scope of competition law Duty to carry out decisions of the Council Financial authority and responsibilities Represents the EU regarding external relations

THE COUNCIL OF THE EUROPEAN UNION = Council of Ministers = Council Represents national interests Comprises representatives of the Member States’ governments The Council presidency is held by each Member State in turn for six months The main decision-making body of the EU The Council configuration varies depending on the subject under discussion

THE COUNCIL (cont.) The General Affairs Council ensures consistency The work of the Council is prepared by two Committees of Permanent Representatives of the Governments of the Member States COREPER I COREPER II The Council meetings are convened by the Council President on his own initiative or at the request of a Member State The meetings are not open nor reported to the public

THE COUNCIL (cont.) Decision making The Council takes decisions based on the Commission proposals by Unanimity Qualified majority or Simple majority

THE COUNCIL (cont.) Qualified majority threshold From 1 Nov 2004: 1. Majority of Member States approve (in some cases a two-thirds majority); 2. Minimum of 232 votes is cast in favour of the proposal, i.e. 72.3 % of the total 3. There is a possibility for a member of the Council to request verification that the qualified majority represents at least 62% of the total population of the European Union

THE COUNCIL (cont.) The number of votes allocated to the Member States after 1 Nov 2004 Germany 29 United Kingdom 29 France 29 Italy 29 Spain 27 Poland 27 Netherlands 13 Greece 12 Czech Republic 12 Belgium 12 Hungary 12 Portugal 12 Sweden 10 Austria 10 Slovakia 7 Denmark 7 Finland 7 Ireland 7 Lithuania 7 Latvia 4 Slovenia 4 Estonia 4 Cyprus 4 Luxembourg 4 Malta 3 Total 321

THE EUROPEAN COUNCIL = Summit Consists of the Heads of Government of the Member States and the President of the Commission Meets at least twice a year Has not the status of an institution in the Union Has no legislative powers Sets the pace and shape of Community policy Establishes the parameters for the legislation process undertaken by the other institutions Focuses for significant constitutional initiatives, works on conflict resolution and considers new accessions to the Community

THE EUROPEAN PARLIAMENT 732 members elected by the citizens of the Member States by direct universal suffrage every five years The members represent political groupings Parliament works by parliamentary standing Committees

THE COMPOSITION OF THE EUROPEAN PARLIAMENT The number of seats allocated to the Member States June 2004 – June 2009 Germany 99 United Kingdom 78 France 78 Italy 78 Spain 54 Poland 54 Netherlands 27 Greece 24 Czech Republic 24 Belgium 24 Hungary 24 Portugal 24 Sweden 19 Austria 18 Slovakia 14 Denmark 14 Finland 14 Ireland 13 Lithuania 13 Latvia 9 Slovenia 7 Estonia 6 Cyprus 6 Luxembourg 6 Malta 5 Total 732

Parliament’s legislative powers Assent Procedure => Council has to obtain the Parliament's assent before decisions are taken Consultation Procedure => Parliament has an advisory role Cooperation Procedure (being dismissed) => Parliament has postponing veto right Co-Decision Procedure => Parliament has decisive power: If the Parliament votes against the Commission initiative the proposal, after a conciliation procedure, lapses Co-Decision Procedure is increasing in importance and gradually replacing the Cooperation Procedure Full transparency is the principle in the parliamentary decision-making

LEGISLATIVE ROLES OF EU INSTITUTIONS AND BODIES EUROPEAN COUNCIL Setting of parameters EUROPEAN COMMISSION Drafting of proposal Consultation Consultation Pro po sal EUROPEAN PARLIAMENT ECONOMIC AND SOCIAL COMMITTEE COMMITTEE OR THE REGIONS Consultation Consultation COUNCIL OF THE EUROPEAN UNION Consultation EUROPEAN PARLIAMENT Enactment PERMANENT REPRESENTATIVES COMMITTEE WORKING PARTIES Directive Regulation EUROPEAN COMMISSION Implementation and supervision © Satu Pitkänen 2003

CONSULTATION PROCEDURE COMMISSION Proposal COR ESC EUROPEAN PARLIAMENT Opinion COUNCIL Adoption of proposal

The areas covered by the consultation procedure are: Police and judicial cooperation in criminal matters Revision of the Treaties Discrimination on grounds of sex, race or ethnic origin, religion or political conviction, disability, age or sexual orientation  EU citizenship Agriculture Visas, asylum, immigration and other policies associated with the free movement of persons Transport (where it is likely to have a significant impact on certain regions) Competition rules Tax arrangements Economic policy In some areas, such as taxation, the Council's decision has to be unanimous http://europe.eu.int/institutions/decision-making/index_en.htm

CONCILIATION COMMITTEE CO-DECISION PROCEDURE COMMISSION Proposal COR ESC PARLIAMENT (First reading) Opinion COUNCIL No amendments by Parliament, or approval of all íts amendments by Council Instrument adopted or Common position PARLIAMENT (Second reading) approval or no action Amendment by absolute majority Rejection by absolute majority COUNCIL END OF THE LEGISLATIVE PROCESS Adoption of common position by qualified majority COMMISSION Parliament’s amendment not accepted Parliament’s amendment accepted COUNCIL Adoption by qualified majority Adoption only by unanimity Amendments rejected Agreement CONCILIATION COMMITTEE No agreement Instrument deemed rejected END OF THE LEGISLATIVE PROCESS Outcome confirmed by the Council and Parliament (Third reading)

The areas covered by the co-decision procedure are: non-discrimination on the basis of nationality the right to move and reside the free movement of workers social security for migrant workers the right of establishment transport the internal market employment customs co-operation the fight against social exclusion equal opportunities and equal treatment implementing decisions regarding the European Social Fund education vocational training culture health consumer protection trans-European networks implementing decisions regarding the European Regional Development Fund research the environment transparency preventing and combating fraud statistics setting up a data protection advisory body http://europe.eu.int/institutions/decision-making/index_en.htm

Parliament’s supervisory role Parliament’s approval is needed for the nomination of the new Commission and its President Can dismiss the entire Commission Direct political control over the Commission Questions Commission must publish a general report to be discussed in the Parliament Adopts the Community budget and has the final say over the non-compulsory expenditure Can set up temporary Committees of Inquiry Receives petitions from EU residents Appoints an Ombudsman to receive complaints Decision making

THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES = the European Court of Justice = the ECJ The final arbiter on issues of European Community Law 25 Judges 8 Advocates-General Appointed for a renewable term of six years The working language is French, but applications can be filed in any of the official languages of the EU The procedure: Written proceedings, investigation or preparatory inquiry, oral proceedings and judgment

THE COURT OF FIRST INSTANCE = The CFI 25 Judges No Advocates-General Scope: Actions brought by “non-privileged” parties Actions in competition-related cases brought by the Commission The CFI rulings can be appealed to the ECJ

JURISDICTION OF THE EUROPEAN COURT OF JUSTICE DIRECT ACTIONS: INDIRECT ACTIONS: RULING ECJ 1. Commission 2. Member States Court of First Instance Reference - ruling 3. Individuals: actions against EC institutions National courts and tribunals RULING Individuals © Satu Pitkänen 2003

DIRECT ACTIONS By the Commission against Member States for failure to fulfil EC Treaty obligations By Member States against Fellow Member States for failure to fulfil Treaty obligations By Member States, EC institutions or individuals to review the legality of acts by EC institutions By Member States, EC institutions or individuals against EC institutions for failure to act

INDIRECT ACTIONS The application is brought in the relevant Member State before a national court or tribunal which then refers to the ECJ The ECJ gives its reference ruling which is implemented by the national court as a part of its comprehensive ruling on the case