English for Lawyers 3Lecturer: Miljen Matijašević

G10, room 6/I, Tue 15:30-16:30e-mail: miljen.matijasevic@gmail.com

Session 9, 16 Dec 2014

1. Revision of the last session

2. Institutions of the European Union

Today’s session

Revision of the last session

Introduction to the EU

Answer the questions1. What two ideas were proposed at the Hague

Congress 1948?2. How many member states are there in the EU /

COE?3. What is the difference between EEC / EC / EU?4. What do the European Communities include?5. What year was the European Union established?6. What were the three pillars of the EU?7. What do you know about EU language policy?8. What is primary legislation of the EU?9. What about secondary legislation?

Translate into Croatian1. single market2. common agricultural policy3. economic and monetary union4. EU citizenship5. transeuropean traffic networks6. environmental protection7. social policy8. common defense policy9. human trafficking10. bribe and corruption

Answers1. jedinstveno tržište2. zajednička poljoprivredna politika3. gospodarska i monetarna unija4. državljanstvo EU5. transeuropske prometne mreže6. zaštita okoliša7. socijalna politika8. zajednička obrambena politika9. trgovanje ljudima10. mito i korupcija

Translate into Croatian

1. Member State2. enlargement3. founding treaty4. accession treaty5. language policy6. official language7. working language

Answers

1. Member State – država članica2. enlargement – proširenje 3. founding treaty – osnivački ugovor4. accession treaty – ugovor o pristupanju5. language policy – jezična politika6. official language – službeni jezik7. working language – radni jezik

Institutions of the European Union

Institutions of the EU

European CommissionCouncil of the European Union

European ParliamentEuropean Council

Court of Justice of the European UnionEuropean Court of Auditors

Other EU Bodies European Economic and Social Committee  Committee of the Regions European Investment Bank European Central Bank European Ombudsman European Data Protection Supervisor Office for Official Publications of the

European Communities European Personnel Selection Office European Administrative School

Council of the European Union

a.k.a. Council of Ministers represents the interests of the Member States SEAT: Bruxelles members: 28 national government ministers sits in 9 configurations, depending on the

topic of discussion presidency of the Council – each MS chairs for

6 months – rotation (current: Italy)

Council of the European Union

THE NINE CONFIGURATIONS: General Affairs and External Relations Economic and Financial Affairs (ECOFIN) Justice and Home Affairs (JHA) Employment, Social Policy, Health and

Consumer Affairs Competitiveness Transport, Telecommunications and Energy Agriculture and Fisheries Environment Education, Youth and Culture

Council of the European Union

tasks of the Council:◦ passes European legislation (co-decision with the EP) –

proposals of the EC◦ co-ordinates national policies of MS◦ concludes international agreements◦ approves EU budget (shared with EP)◦ common foreign and security policy◦ freedom, security and justice

decisions made by a qualified majority vote (55% of MS representing 65% of EU population)

European Parliament

represents the interests of EU citizens SEAT: Strasbourg, Bruxelles and Luxemburg members: 751 Members of the European

Parliament (MEPs) chosen by EU citizens in elections for the EP elections held every 5 years representation by political groups, not by

MS current president: Martin Schulz (S&D)

European Parliament 2009-2014

Political group MEPs

European People’s Party (EPP) 219

Progressive Alliance of Socialists and Democrats (S&D)

191

Alliance of Liberals and Democrats for Europe (ALDE)

68

European Conservatives and Reformists Group (ECR)

71

Confederal Group of the European United Left – Nordic Green Left (GUE/NGL)

52

Greens/European Free Alliance (Greens/EFA) 50

Europe of Freedom and Direct Democracy (EFD) 48

Non-attached (NA) 52

TOTAL 751

European Parliament

tasks of the European Parliament:◦ passes European legislation (co-decision with the

Council)◦ approves EU budget (shared with Council)◦ supervision of other EU institutions

approval of the members of the European Commission

receive reports by the Commission and the Council and can ask them questions

European Commission

represents the interests of the EU SEAT: Bruxelles members: 28 members of the European

Commission; (informally ‘commissioners’) a ‘government’ for the EU – the executive EC: 28 Directorates-General (glavne uprave) members proposed by national governments,

approved by the Council and the EP Current president: Jean-Claude Juncker

European Commission

tasks of the European Commission:

◦ drafts proposals of EU legislation◦ implements EU policies◦ enforces European law (‘guardian of the Treaties’)◦ controls EU budget

European Council

defines general directions and priorities of the EU

SEAT: Bruxelles members: Heads of States or Governments

of EU Member States headed by the President of the European

Council (Donald Tusk); a.k.a. President of the EU

meets every six months

The Court of Justice of the EU

supervises the interpretation of EU law, enforces EU law

SEAT: Luxemburg (working language: French)

members: 28 judges

comprises:◦ The European Court of Justice◦ The General Court◦ Civil Service Tribunal

The Court of Justice of the EU

jurisdiction:

◦ supervises interpretation and application of EU law by national courts

◦ enforces EU law◦ settles disputes between Member States, EU

institutions, businesses and individuals

The Court of Justice of the EU

The European Court of Justice

usually sits in chambers (3, 5 or 15 judges) or sometimes the whole Court

assisted by 9 independent advocates-general who propose opinions on cases

Written and oral stages Judgments – majority decisions, read out

publicly

Gives rulings in five most common types of cases:

1. Requests for a preliminary ruling2. Actions for failure to fulfil an obligation3. Actions for annulment4. Actions for failure to act5. Direct actions

The European Court of Justice

1. Preliminary ruling procedure◦ National courts asking the Court to interpret a

provision of EU law

2. Actions for failure to fulfil an obligation◦ Actions brought against governments of EU

member states for failure to apply EU law

3. Actions for annulment◦ Brought against EU laws considered to be in

conflict with primary legislation of fundamental rights

ECJ – types of cases

4. Actions for failure to act◦ brought against EU institutions for failing to make

decisions required of them

5. Direct Actions◦ Brought by individuals, companies or

organisations against EU decisions or actions

ECJ – types of cases

The General Court (also 28 judges)JURISDICTION: direct actions brought by natural or legal persons against acts

(regulatory or otherwise) of the institutions, bodies, offices or agencies of the European Union (which are addressed to them or are of direct and individual concern to them) or against a failure to act on the part of those institutions, bodies, offices or agencies (e.g. a case brought by a company against a Commission decision imposing a fine on that company)

actions brought by the Member States against the Commission; actions brought by the Member States against the Council relating to

acts adopted in the field of State aid, ‘dumping' and acts by which it exercises implementing powers;

actions seeking compensation for damage caused by the institutions of the European Union or their staff;

actions based on contracts made by the European Union which expressly give jurisdiction to the General Court;

actions relating to Community trade marks; etc.

Civil Service Tribunal

Civil Service Tribunal resolves disputes between EU institutions

and their staff concerning working relations or social security issues (sick pay, occupational hazards, old age, etc.)◦ handles about 120 such cases a year, pertaining

to approx. 35,000 members of staff

disputes between various bodies of the EU and their staff

European Court of Auditors not an actual court one member from each Member State tasks:

◦ checks EU income and expenditure (EU budget)◦ checks the collection of EU taxes from citizens and

whether they are spent economically, legally and for the intended purpose

◦ investigates the financial statements of any person or organisation handling EU funds

◦ carries out a yearly audit and report to the EP and the Council

Vocabulary practice

Translate into Croatian

1. Council of Europe2. European Council3. Council of the European Union4. European Communities5. co-decision6. Directorate-General

Answers

1. Council of Europe – Vijeće Europe2. European Council – Europsko vijeće3. Council of the European Union – Vijeće

Europske unije4. European Communities – Europske

zajednice5. co-decision – suodlučivanje6. Directorate-General – glavna uprava

Translate into Croatian

1. Requests for a preliminary ruling2. Actions for failure to fulfil an obligation3. Actions for annulment4. Actions for failure to act5. Direct actions

Translate into Croatian

1. Prethodna pitanja2. Tužbe zbog neispunjenja obveze3. Tužbe za poništenje4. Tužbe zbog propusta5. Izravne tužbe

Translate into Croatian

New powers for national parliamentsFor the first time, national parliaments will

have a direct input into the European decision-making process. Under the Lisbon Treaty, all proposed EU laws will have to be sent to national parliaments. Any national parliaments will have eight weeks to argue the case if it feels a proposal is not appropriate for EU level.

Translate into Croatian

If enough national parliaments object, the proposal can be amended or withdrawn. This early warning system gives national parliaments an important role in ensuring that the EU does not overstep its authority by involving itself in matters that can best be dealt with at national, regional or local level.

Sample translation

Nove ovlasti nacionalnim parlamentimaPo prvi puta nacionalni će parlamenti imati

izravnog utjecaja na europski postupak donošenja odluka. Prema Lisabonskom ugovoru svi prijedlozi europskih zakona morat će biti upućeni nacionalnim parlamentima. Bilo koji nacionalni parlament imat će osam tjedana da izloži svoje argumente ukoliko bude smatrao da prijedlog nije prikladan za europsku razinu.

Sample translation

Ako dovoljan broj nacionalnih parlamenata uloži prigovor, prijedlog se može izmijeniti ili povući. Ovaj sustav ranog upozorenja daje nacionalnim parlamentima važnu ulogu kako bi se osiguralo da EU ne prekorači svoje ovlasti i uključi se u pitanja koja se najbolje mogu riješiti na nacionalnoj, regionalnoj ili lokalnoj razini.

Thank you for your attention!