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THE EUROPEAN UNIONTHE EUROPEAN UNIONInstitutions and Legal Institutions and Legal

FrameworkFramework

Michele ColucciMichele ColucciEmail: Email: info@colucci.euinfo@colucci.eu

Web site: Web site: www.colucci.euwww.colucci.euParma 8-9 November 2006Parma 8-9 November 2006

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PURPOSES OF THIS COURSEPURPOSES OF THIS COURSE

INTRODUCING THE EUINTRODUCING THE EU

UNDERSTANDING THE EU UNDERSTANDING THE EU INSTITUTIONS’ MECHANISMINSTITUTIONS’ MECHANISM

EU LAW IN MOTIONEU LAW IN MOTION

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What is the European Union?What is the European Union?

A DREAM...A DREAM...– Monnet , Schuman, Spinelli,...Monnet , Schuman, Spinelli,...

A REALITYA REALITY– As of 1.1.2007: 27 Member States, one As of 1.1.2007: 27 Member States, one

currency for 13 Member States, more than currency for 13 Member States, more than 450.000.000 people “united in diversity”!450.000.000 people “united in diversity”!

A HOPEA HOPE– Peace and prosperityPeace and prosperity

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HISTORIC STEPSHISTORIC STEPS

Treaty of ParisTreaty of Paris, which set up the European Coal and , which set up the European Coal and Steel Community (ECSC) in 1951 (expired on 23 of July Steel Community (ECSC) in 1951 (expired on 23 of July 2002);2002);Treaties of RomeTreaties of Rome, which set up the European Economic , which set up the European Economic Community Community (EEC)(EEC) and the European Atomic Energy and the European Atomic Energy Community Community (Euratom)(Euratom) in 1957. in 1957. Single European ActSingle European Act (1986); (1986); Treaty of the European UnionTreaty of the European Union (Maastricht, 1992); (Maastricht, 1992); Treaty of Nice (2001). Treaty of Nice (2001). Treaty establishing a Constitution for Europe signed in Treaty establishing a Constitution for Europe signed in Rome on 29 october 2004 but not ratified yetRome on 29 october 2004 but not ratified yet

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THE EUROPEAN UNION:THE EUROPEAN UNION:A political and economic structureA political and economic structure

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THE INSTITUTIONSTHE INSTITUTIONS

THE EUROPEAN COMMISSIONTHE EUROPEAN COMMISSION

THE COUNCIL OF THE EUROPEAN THE COUNCIL OF THE EUROPEAN UNIONUNION

THE EUROPEAN PARLIAMENTTHE EUROPEAN PARLIAMENT

THE COURT OF JUSTICETHE COURT OF JUSTICE

THE COURT OF AUDITORS THE COURT OF AUDITORS

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OTHER INSTITUTIONSOTHER INSTITUTIONS

THE COMMITTEE OF REGIONSTHE COMMITTEE OF REGIONS

THE EUROPEAN ECONOMIC AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE SOCIAL COMMITTEE

THE EUROPEAN INVESTMENT BANKTHE EUROPEAN INVESTMENT BANK

THE EUROPEAN CENTRAL BANKTHE EUROPEAN CENTRAL BANK

AGENCIESAGENCIES

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THE EUROPEAN COMMISSIONTHE EUROPEAN COMMISSIONStructureStructure

PRESIDENT AND 25 COMMISSIONERS PRESIDENT AND 25 COMMISSIONERS (2006)(2006)

Secretariat General, Legal ServiceSecretariat General, Legal Service

36 DIRECTORATES- GENERAL 36 DIRECTORATES- GENERAL (DGs):Agriculture, Environment, (DGs):Agriculture, Environment, Employment and Social Employment and Social Affaires,Transport, and so on.Affaires,Transport, and so on.

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The European CommissionThe European CommissionRoleRole

INITIATOR OF LEGISLATIVE INITIATOR OF LEGISLATIVE PROPOSALSPROPOSALS

GUARDIAN OF THE TREATIESGUARDIAN OF THE TREATIES

EXECUTIVE ARM OF THE EUEXECUTIVE ARM OF THE EU

MOUTHPIECE FOR THE EU AT MOUTHPIECE FOR THE EU AT INTERNATIONAL LEVELINTERNATIONAL LEVEL

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THE EUROPEAN PARLIAMENTTHE EUROPEAN PARLIAMENTStructureStructure

732 Members from all 25 EU countries732 Members from all 25 EU countries– Malta (5 seats), Germany (99 seats) Malta (5 seats), Germany (99 seats)

7 Europe-wide political groups7 Europe-wide political groups

17 committees17 committees

Administrative offices in LuxembourgAdministrative offices in Luxembourg

Plenary sessions in StrasbourgPlenary sessions in Strasbourg

Committee meetings in BrusselsCommittee meetings in Brussels

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THE EUROPEAN PARLIAMENTTHE EUROPEAN PARLIAMENTROLEROLE

PASSING EUROPEAN LAWS – jointly PASSING EUROPEAN LAWS – jointly with the Councilwith the Council

““DEMOCRATIC SUPERVISOR” over the DEMOCRATIC SUPERVISOR” over the other EU institutionsother EU institutions

POWER OF PURSUEPOWER OF PURSUE

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THE COUNCIL OF THE THE COUNCIL OF THE EUROPEAN UNIONEUROPEAN UNION

StructureStructureOne minister from each Member StateOne minister from each Member State

9 different Council configurations9 different Council configurations

Presidency: rotation every six monthsPresidency: rotation every six months

Location: BrusselsLocation: Brussels

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The Council of the European UnionThe Council of the European UnionRoleRole

To pass EU legislationTo pass EU legislationTo coordinate economic and social To coordinate economic and social policies of MSpolicies of MSTo conclude international agreements To conclude international agreements between the EU and other countriesbetween the EU and other countriesTo approve the EU’s budgetTo approve the EU’s budgetTo develop the EU’s CFSPTo develop the EU’s CFSPTo coordinata cooperation in the area of To coordinata cooperation in the area of Freedom, security ans justiceFreedom, security ans justice

1414

The Council of the European UnionThe Council of the European UnionOrganisationOrganisation

COREPER COREPER

The Council PresidencyThe Council Presidency

The General SecretariatThe General Secretariat

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The Council of the European UnionThe Council of the European Unionvoting systemvoting system

UNANIMITYUNANIMITY– CFSPCFSP– TaxationTaxation– Asylum and Immigration policyAsylum and Immigration policy

Qualified Majority voting (in some cases a Qualified Majority voting (in some cases a two thirds majority) and two thirds majority) and – minimum of 232 votes is cast in favour minimum of 232 votes is cast in favour – representation of at least 62% populationrepresentation of at least 62% population

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THE COURT OF JUSTICETHE COURT OF JUSTICEStructureStructure

1 judge from each MS (25 in total) for 6 1 judge from each MS (25 in total) for 6 years; 8 advocates-generalyears; 8 advocates-general

It seats as:It seats as:– Full courtFull court– « Grand chamber » of 13 judges« Grand chamber » of 13 judges– Chambers of 5 or 3 judgesChambers of 5 or 3 judges

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THE COURT OF JUSTICETHE COURT OF JUSTICERoleRole

to ensure that:to ensure that:– EU law is complied with.EU law is complied with.– Treaties are correctly interpreted and applied. Treaties are correctly interpreted and applied.

It intervenes by:It intervenes by:– References for a preliminary rulingReferences for a preliminary ruling– Actions for failure to fulfil an obligationActions for failure to fulfil an obligation– Actions for annulmentActions for annulment– Actions for failure to act.Actions for failure to act.

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CoJ: the procedureCoJ: the procedure

Written phase:Written phase:– Written statements from the partiesWritten statements from the parties– Reports by judgesReports by judges

Oral phaseOral phase– Public hearingPublic hearing

Opinion from the advocate GeneralOpinion from the advocate General

Judgement decided by a majorityJudgement decided by a majority

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COURT OF FIRST INSTANCECOURT OF FIRST INSTANCEand and

EUROPEAN CIVIL SERVICE TRIBUNALEUROPEAN CIVIL SERVICE TRIBUNAL

CFI: Created in 1989CFI: Created in 1989

Cases on:Cases on:– Actions brought by private individualsActions brought by private individuals– Competition lawCompetition law

ECSTECST– 7 judges7 judges– Disputes between EU/civil servantsDisputes between EU/civil servants

2020

The Court of AuditorsThe Court of Auditors

checks that :checks that :– all the European Union's revenue has been all the European Union's revenue has been

received;received;– all its expenditure incurred in a lawful and all its expenditure incurred in a lawful and

regular manner regular manner – EU budget has been managed soundly. EU budget has been managed soundly.

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The EESC and the CoRThe EESC and the CoR

EESC:EESC:– 317 members: Workers, Employers, others 317 members: Workers, Employers, others

(NGOs, Academics)(NGOs, Academics)– Consultation roleConsultation role

CoR:CoR:– 317 members: regional and local authorities317 members: regional and local authorities– Consultation roleConsultation role

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The way aheadThe way ahead

From six to 27 MS:Revision of the decision From six to 27 MS:Revision of the decision making systemmaking system

Definition of the aims and objectives of the Definition of the aims and objectives of the UnionUnion

Definition of the EU and MS competencesDefinition of the EU and MS competences

Keeping in mind that ….Keeping in mind that ….

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WE DO NOT UNITE WE DO NOT UNITE STATES, WE UNITE STATES, WE UNITE

PEOPLE.PEOPLE.

Jean Monnet Jean Monnet (1888-1979)(1888-1979)