Curs 3 MEA Oct 2011
Transcript of Curs 3 MEA Oct 2011
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Institutions of the EU
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The Institutions of the European UnionEuropean Council
15 Heads of State or
government and the
President of the
Commission
Council of the EU
15 ministers
European Court of Justice
15 ministers
European Parliament
626 members
European Commission
20 Commissioners
European Investment BankEuropean Central Bank
Court of Auditors
27members
Committee of The Regions
344 members
Econ. & Social Committee
344 members
European Council
27 Heads of State or
government
Council of the EU
27 ministers
European Court of Justice
27 judges
European Parliament
785 members
European Commission
27 Commissioners
European Central Bank
II. The Institutions of the European Union
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Major Institutions
The European Council
Supreme political decision-making body of the European Union
It is composed of the Heads of State or Government of theMember States and the President of the European Commission
Defines the general political objectives and directives of the EU.It meets at least twice a year, always at the end of a Presidencyin the country, which holds the six-monthly rotating Presidency
most important decisions of each Presidency are contained in adocument, known as the Conclusions of the Presidency, orjust the Conclusions
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The Institutions of the European Union
The European Council
It is a conference/summit
of heads of state and
government
Does not have apermanent seat
Hosted by the member-
state holding the
presidency of the Union
Presided over by the headof state or government of
the state holding the
presidency of the Union
Provides the general directions
of the Union
Deals with the major political
issues facing the Union
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European Council
Strangely, European Council has no formal role in EU law-making Its political decisions must be translated into action via Treaty
changes or secondary legislation.
Confusingly, the European Council and the Council of the EU areoften both called the Council
The Constitution proposes to make the European Council a part
of the EU institutional structure
Dont confuse with Council of Europe!
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The Council of the EU (nine configurations)
General Affairs and ExternalRelations
Economic and Financial
Affairs (Ecofin) Justice and Home Affairs
Consumer Affairs
Competitiveness (InternalMarket, Industry andResearch)
Transport,Telecommunications andEnergy
Agriculture and Fisheries
Environment
Education, Youth and Culture
II. The Institutions of the European Union
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The Institutions of the European Union
The Council of the European Union
Seat: Brussels, Belgium
Every minister is empowered to commit
his or her government, ministers
signature is the signature of the whole
government Each minister is answerable to his or her
parliament and to citizens, this ensures
the democratic legitimacy
Each member-state has one permanent
representative to the Council. Permanentrepresentatives prepare the topics of
discussion. (COREPER)
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The Council Presidency Presidency rotates among member states
every 6 months
The order in which the Member States will
hold the Presidency has been settledamong them up to 2020.
Finland held its previous EU Presidency duringthe latter half of 1999. Finland will next holdthe Presidency of the EU in spring 2020.
Romania will hold the presidency in 2019.
? Current presidency
II. The Institutions of the European Union
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Council of EU
This is EUs main decision-making body Almost every EU legislation must be approved by it
To pass European laws (main policy areas) To approve EU budget
To conclude international agreements involvingthe EU
To coordinate the general economic policies of theMember States in the context of the Economic andMonetary Union (EMU)
e.g. famous 3% deficit rule
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The Council
To develop Common Foreign and Security Policy
(CFSP) To coordinate cooperation between national courts
and police forces in criminal matters - Justice andHome Affairs (JHA)
.....responsibilities related to community domain (1stpillar), but also to 2nd and 3rd pillars of EU
II. The Institutions of the European Union
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Types of voting
The weighting of votes is based roughly on population size, butthe weights do not fully compensate the larger member states for
the size of their populations Two main decision-making rules.
On the most important issues, unanimity
e.g. Treaty changes, enlargement, multi-year budget plan,
asylum, immigration, taxation, foreign and security policy
Council decisions are by unanimity
On most issues (about 80% of all Council decisions),
majority voting
qualified majority voting (QMV).
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Qualified majority voting
15 members
Maastricht: need 64 of 87 votes
UK: 10
France: 10
Germany: 10
Italy: 10
Spain: 8
Belgium: 5
Greece: 5
Netherlands: 5
Portugal: 5
Austria: 4
Sweden: 4
Ireland: 3
Finland: 3
Denmark: 3
Luxembourg: 2
Nice treaty 9/2000: Need 62% of population and74% of votes. UK, France and Germany form ablocking coalition
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How many votes per country?
Germany, France, Italy, UK.........................................29
Spain and Poland.........................................................27Netherlands..................................................................13Belgium, Czech Rep, Greece,
Hungary and Portugal.................................................12Austriaand Sweden.....................................................10
Denmark, Ireland, Lithuania, Slovakiaand Finland.....................................................................7Cyprus, Estonia, Latvia, Luxembourg
and Slovenia..................................................................4Malta...............................................................................3
Total ................................................................................321
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Qualified majority after 2007
Germany, France, Italy, United Kingdom 29 Spain, Poland 27
Romania 14
Netherlands 13
Belgium, Czech Republic, Greece,
Hungary, Portugal 12 Austria, Bulgaria, Sweden 10
Denmark, Ireland, Lithuania,
Slovakia, Finland 7
Cyprus, Estonia, Latvia, Luxembourg,Slovenia 4
Malta 3
TOTAL 345
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Types of voting procedures in the EU Counciland European Parliament
unanimity simple majority (majority of thosevoting ) absolute majority ( the majority of themembers of an organization, not just of those
choosing to vote ) qualified majority (> 255 votes out of atotal of 345 votes and the votes in favourrepresent at least 62% of the total
population of the Union)
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Qualified majority
A qualified majority will be reached if the following two
conditions are met:
if a majority of Member States approve (in some cases atwo-thirds majority);
a minimum of 255 votes is cast in favour of the proposal,
out of a total of 345 votes.
In addition, a Member State may ask for confirmation that thevotes in favour represent at least 62% of the total
population of the Union. If this is found not to be the case,
the decision will not be adopted.
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European Commission
(2004-2009)
II. The Institutions of the European Union
Romano Prodi (1999-2004)Jacques Santer (1995-1999)Jacques Delors (1985-1995)Gaston Thorn (1981-1985)Roy Jenkins (1977-1981)
Franois-Xavier Ortoli (1973-1977)Sicco Mansholt (1972-1973)
Franco Malfatti (1970-1972)JeanRey (1967-1970)
Walter Hallstein (1958-1967)
Jose Manuel Barroso
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The European Commission- guardians ofthe treaties
European Commission is at the heart ofthe EUs institutional structure
driving force behind deeper and widerEuropean integration.
Has three main roles:
propose legislation to the Council andParliament,
to administer and implement EU policies(administrative arm)
to provide surveillance and enforcement ofEU law
represents EU at some internationalnegotiations
Jose Barroso, President of
European Commission
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European Commission
Before the 2004 enlargement 20 commissioners:
one Commissioner from each member state plus an
extra Commissioner from the big-5 (Germany, UK,France, Italy and Spain in the EU15).
UnderNice Treaty each member in EU 27 has one
Commissioner
Draft Constitution: only 15 Commissioners rotating evenly among all members and non-voting
Commissioners from other nations
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European Commission
Commissioners are chosen by their own national
governments are not national representatives
Commissioners are not national representatives. should not accept or seek instruction from their country.
appointed together, serve for five years
- The present term runs until 31 oct 2009
Each Commissioner in charge of a specific area ofEU policy
Directorate-Generals orDGs (particular policy)
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EC and Romania Dacian Ciolo
Agriculture and Rural Development
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European Commission
1. Initiator of legislation. Proposes legislation to Parliament and theCouncil.
-exclusive right of initiative
Its proposals defend the interests of the Union and its citizens, notspecific countries or industries
-constant touch with the interest groups and advisory bodies
2. EUs executive body. Manages and implements EU policies and thebudget (CAP, competition policy, budget spending/ Court of Auditors)
3. Guardian of the treatis. Enforces European law (with the Court ofJustice)/ infrigement letter, ECJ jugements are binding for MS
4. Represents the EU in external relations (negotiate internationalagreements)
II. The Institutions of the European Union
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The Institutions of the European Union
The European Commission
Seat: Brussels, Belgium , but
offices in Luxembourg,
representations in all EU countries
and delegations in many capital
cities around the world It is the face of the Union to the
World and to the citizens of the
member-states
Commission meets once a week
Decision making decides on basis ofa simple majority, if vote takenalmost all decisions on consensusbasis
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The EuropeanParliament
Plenary Building
of the EP in
Strasbourg
Building of the
EP in Brussels
Administrative
Building of the
EP in
Luxemburg
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The Institutions of the European Union
The European Parliament
Three seats:Strasbourg, France
Brussels, Belgium Luxembourg
Its members are directly elected by the
citizens of EU member-states since 1979 The Members of the European Parliament
(MEPs) sit in political and not in national
groups
After 2004 it has 732 members form 25
countries, after 2007 it has 785 from 27member states
number per nation varies withpopulation but rises less thanproportionally.
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European Parliament
1. Passing European laws (with Council)/democraticlegitimacy of European law
2. Democratic supervision over EU institutions power to approve or reject commissioners and to censure the
Commission as a whole Commission politically accountable to the parliament (can pass a
motion of censure)
regularly examining reports sent by the Commission
monitors the work of the Council
examining petitions from citizens
3. Authority over the budget (influence EU spending)
has 2 successive readings, come into force after signing it
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The Court of Justice
The defender of the Treaties: Reviews the
constitutionality of European Union legislation
Its task is to safeguard EU law in the application
and interpretation of the Community Treaties (EUmember states and institutions do what the law
requires)
The ECJ has sole authority to decide on theinterpretation of the EU law and if is applied inthe same way in all EU countries (no different
ruling on the same issue)
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European Court of Justice
settle these disputes, especially disputes betweenMember States, between the EU and Member States,between EU institutions, and between individualsand the EU.
The European Commission can bring a state before ofthe Court for failure to implement EU legislation
The Court can impose monetary sanctions
It functions as an appeals court
ECJ jugements are binding for MS
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Institutions of the European Union
The European Court of Justice
Seat: Luxembourg City, Luxembourg
The Supreme Court of the European
Union (27 judges), assisted by 8
advocates -general
Supremacy of EU law over national law
In 1989: Court of First Instance (CFI) for
giving rulings on certain cases,especially actions brought by private
individuals, companies and some
organisations and cases relating to
competition law
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Court of Auditors Set up in 1975
Located in Luxembourg
check that EU funds are properly collected andspent legally, economically and for the intended
purpose
It has the right to audit any person or organisation
handling EU funds
It has one member for each EU country (27)
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European Economic and Social Committee
Advisory bodies
- Represents employers, trade unions, farmers,
consumers and other interest groups- Usually three groups
- It is a bridge between the Union and its citizens
- It must be consulted before decisions on economic and
social policy- It has 344 members (roughly- size of population) usually
nominated by the EU governments for 4 years but
politically independent
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Committee of the RegionsAdvisory body
Representatives of Europes regional and local
authorities
It should be consulted before EU decisions taken
on regional policy, transport, environment,
education and transport It has 344 members appointed by national
governments for 4 years, but political
independence
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Specialized Agencies
In addition to the treaty based institutions that make lawand policy, the EU has established an array of specialized
agencies that are responsible for monitoring and helping to
implement policy in particular fields
EU Agencies and Bodies
European Police Office (EUROPOL)
European Agency for Safety and Health at Work European Environment Agency
European Monitoring Center on Racism and
Xenophobia
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The European Ombudsman It is completely independent and impartialThe Ombudsman usually conducts inquiries on the basis of complaints but can alsolaunch inquiries on his own initiative
The Ombudsman investigates cases of maladministration (poor or failedadministration). Maladministration occurs if an institution fails to act in accordance
with the law, fails to respect the principles of good administration, or violateshuman rights.
Some examples are:-administrative irregularities-unfairness-discrimination-abuse of power
-failure to reply-refusal of information-unnecessary delay
The European Ombudsman is P. Nikiforos Diamandouros, former nationalombudsman of Greece. He was elected by the European Parliament and hasheld office since 1 April 2003. The Parliament elected the first EuropeanOmbudsman in 1995.
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Principles of Decision Making
Key question: Which level of government is responsiblefor each task? Setting foreign policy
Speed limits Trade policy, Competition Policy etc
Typical levels: local
regional
national
EU
Task allocation = competencies in EU jargon
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The Principle of Subsidiarity (I)
Before looking at the theory, what is the practice in
EU?
Task allocation in EU guided by subsidiarity
principle (Maastricht Treaty)
Decisions should be made as close to the people as
possible, EU should not take action unless doing so is more
effective than action taken at national, regional or local
level.
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The Principle of Subsidiarity (II)
Three Pillar structure delimits range of:
Community competencies (tasks allocated to EU)
Shared competencies (areas were task are split between EU and
member states)
National competencies
1st pillar is EU competency
2nd and 3rd are generally national competencies details complex, but basically members pursue cooperation but do
not transfer sovereignty to EU
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The Principle of Subsidiarity (III)
Under the principle of subsidiarity, in areas which
do not fall within its exclusive competences, theUnion shall act only if and insofar as the objectivesof the proposed action cannot be sufficientlyachieved by the Member States, either of central
level or at regional and local level, but can rather,by reason of the scale or effects of the proposedaction, be better achieved atUnion level.
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Question
1. Who was the first President of the Commission of the European EconomicCommunity?
A. Jean Monnet
B. Robert Schuman
C. Alcide de Gasperi
D. Walter Hallstein
Question 2. In the common foreign and security policy, as laid down in the EU Treaty, the
Commission:
A. has no right of initiative
B. has the sole right of initiative
C. shares the right of initiative with the Member States
D. shares the right of initiative with the European Parliament
Question 3. The European Ombudsman has the power to investigate complaints concerning
maladministration by:
A. national public authorities
B. Community institutions and bodies
C. the Permanent Representations of the Member States in Brussels
D. the European Parliament exclusively
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Question 4.
When was the European Parliament first elected by direct universal suffrage:A. June 1979
B. June 1974
C. October1980
D. February 1984
Question 5.
For the Member States, judgments of the European Court of Justice are:
A. binding
B. not bindingC. binding if the Court so decides in the judgment in question
D. binding on some Member States but not on others
Question 6.
What is the main role of the European Commission?
A. To prepare proposals for rules and measures
B. To apply the decisions of the European Council
C. To apply the decisions of the European Parliament
D. To harmonise the legislation of the Member StatesQuestion 7.
Who takes the legal decision on accession to the European Union?
A. the Commission
B. the Council of Ministers
C. the Court of Justice
D. the European Parliament
Main EU developments/Language (B category)
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News
UE a platit eronat sase miliarde de euro
Sase miliarde de Euro au fost platiti gresit de catreUniunea Europeana anul trecut, cea mai mare sumacare a fost vreodata observata de Curtea Europeana deConturi in raportul sau anual. Astfel, luni, Curtea deConturi a prezentat raportul sau pentru anul 2007, incare arata unde sunt problemele in cheltuirea baniloreuropeni din bugetul alocat Comisiei Europene, de 114miliarde euro.
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News
Parlamentul European a decis: Maxim 48 de ore de munca pe
saptamana
Europenii vor munci saptamanal maxim 48 de ore. Este hotarareacomisiilor de specialitate ale Parlamentului European. Directivaprivind orele de lucru va fi supusa votului luna viitoare, in plen. InRomania, timpul de lucru saptamanal reglementat prin CodulMuncii este de opt ore zilnic, adica 40 de ore pe saptamana.Oficialii europenii spun, insa, ca numarul legal de ore nu esterespectat.