Limbaje Specializate Combinat

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LimbajeSpecializate

-suport de curs-anul universitar 2014-2015

Prof. Dr. o!ana PetcuStudent"Sonia #ndreea $edea%&% 'en-(e)#nul al &&-lea


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*+ &$S%&%+%&,$S 2$D*# %#$SL#%&,$ S%+D&*S#+%+/$ %*/ 2014-2015,#$#-&S%&$# P*%+ P3D

Lecture & %* P,*SS , *+,P*#$ &$%*6#%&,$

There are several theories trying to explain the phenomenon of European

integration. In what follows we shall endeavour to propose a synthesis of

these approaches and we shall start at the very beginning, namely after the

Second World War.

%* 7*6&$$&$6S

Just after WWII, in !"#, Winston $hurchill described Europe as %a rubble

heap, a charnel house, a breeding ground for pestilence and hate&, and a

year later, in !"', more precisely on ! September, he delivered a famous

speech in (urich in which he proposed a solution to remedy the situation he

had described in !"#. )is remedy was %to recreate the European *amily and

to provide it with a structure under which it can dwell in peace, in safety, in

freedom, a +ind of nited States of Europe&.

The idea of an integrated Europe was not new, it was not $hurchill who

mentioned it for the -rst time. s early as the !/0s, federalistsli+eouden3ove-8aler(i perceived that European nations, which had 1ustdevastated each other in a nonsensical war 2WWI3, were a natural entity that

could become a signi-cant global force, if only they could succeed in having

a federalist constitution. 4ichardouden3ove-8aler(iwas the second sonof )einrichouden3ove-8aler(i 25#!6!0'3, an ustro6)ungariancountand diplomat of mixed European origin, and 7itsu+o oyama258"6!"3, a

Japanesedescendant of a samuraifamily.ouden3ove-8aler(iisrecogni9ed as the founder of the -rst popular movement for a united Europe.

)is original plan was to divide the world into -ve groups of states: a nited

States of Europe that would lin+ continental countries with *rench

possessions in frica; a ritish $ommonwealth circling the globe; the SS4 spanning

Eurasia; and a


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of the


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powers was successful, it would be in vain if it merely led to the re6

establishment of the old European system of sovereign nation6states in

shifting alliances. This would inevitably lead to war again. The document

called for the establishment of a European federation by the democratic

powers after the war. >ecause of a need for secrecy and a lac+ of proper

materials at the time, the 7anifesto was written on cigarette papers,

concealed in the false bottom of a tin box and smuggled to the mainland. It

was then circulated through the h Italian 4esistance, and was later adopted

as the programme of the 7ovimento *ederalista Europeo,which Spinelli,

4ossi and some /0 others established, as soon as they were able to leave

their internment camp. The founding meeting was held in clandestinity in

7ilan on the /8/5 ugust !"C.The 7anifesto was widely circulated in other

resistance movements towards the end of the war. 4esistance leaders from

several countries met clandestinely in ?enevain !"", a meeting attended

by Spinelli. The 7anifesto put forward proposals for creating a Europeanfederation of states, the primary aim of which was to tie European countries

so closely together that they would no longer be able to go to war with one

another. s in many European left6wingpolitical circles, this sort of move

towards federalist ideas was argued as a reaction to the destructive excesses

of nationalism. The ideological underpinnings for a united Europe can thus be

traced to the hostility of nationalism: If a post war order is established in

which each State retains its complete national sovereignty, the basis for a

Third World War would still exist even after the =a9i attempt to establish the

domination of the ?erman race in Europe has been frustrated 2founding

meeting of the 7*E3. The problem was that federalists had bright vision of

Europe, but had not found the means to reach it.

Bne important -gure, to be mentioned here is Jean 7onnet. )e inspired the

famous declaration made by 4obert Schuman on ! 7ay !#0, when he

stated that %Europe will be built through concrete achievements which create

a de facto solidarity&. Jean 7onnet was a *rench politician, instrumental in

the creation of the European $ommunity. In !"C, he stated that There will

be no peace in Europe, if the states are reconstituted on the basis of national

sovereignty... The countries of Europe are too small to guarantee theirpeoples the necessary prosperity and social development. The European

states must constitute themselves into a federation... . Together with the

neofunctionalists, he shared the view that integration is a process where the

constructive functions of the main actors, the common institutions, would

induce positive reactions of the economic and political elites, in@uence the

behaviour of other societal groups and bring together the citi9ens of the

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dierent nations. This meant that economic integration would gradually build

solidarity among participating nations and would in turn create the need for

further supranational institutions. This is the %spillover eect& de-ned as: %a

situation in which a given action, related to a speci-c goal, creates a

situation in which the original goal can be assured only by ta+ing further

actions, which in turn create a further condition and a need for more action

and so forth&.

%* /+L%&$#%&,$#L &$%*6#%&,$ P,*SS

In fact, integrated Europe is the result of a process of multinationalinte(ration. It is a process which may be de-ned as follows: the voluntaryestablishment, by treaty, concluded between independent states, of common

institutions and the gradual development by these states of common policies

pursuing common goals and serving common interests. The gradualdevelopment of common policies implies that multinational integration is a

constantly evolving process without a clearly de-ned end. Since the process

is voluntary, it means that states may 1oin at any point, following the criteria

and procedures established by the group, or they may leave it, if they

consider that the common policies developed or envisaged by the group,

according to the ma1ority de-nition of common interest, do not coincide any

more with their national interests. The primary goal of multinational

integration is the ac3ievement of peace and securit:among the memberstates as well as between them and the rest of the world. >ut such a

multinational integration scheme is built gradually by means of a largenumber of common policieswhich cement common interests and createreal solidarity among member states. s Jean 7onnet, the intellectual father

of European integration, put it, %union between individuals or communities is

not natural; it can only be the result of an intellectual process, having as a

starting point the observation of the need for change. Its driving force must

be the common interestsbetween individuals or communities&.

,//,$ P,L&&*S

In *+ usa(e ;common policies


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$ommunity clearly declares in its rticle / that %the $ommunity shall have as

its tas+, by establishing a common mar+et and an economic and monetary

union and by implementing common policies and activities referred to in

rticles C and ", to promote throughout the $ommunity a harmonious,

balanced and sustainable development of economic activities&. What is

important to underline is the fact that rticles C and " of the Treaty serve as

the legal bases forcommon policiesin a great number of sectors or forcommon measuresin some other -elds. The distinction between commonpolicies and common measures is rather Auantitative than Aualitative.

$ommon policies are developed gradually by the actors of the process and

they foster political and economic integration of the participating states.

Such policies build a new concept and context of political economy which

aects the actions of political leaders and the activities of businessmen of

the member states in the sense of multinational integration. )ence, acommon policy is de-nes as a set of decisions, measures, rules and codes of

conduct adopted by the common institutions set up by a group of states and

implemented by the common institutions and the member states. $ommon

policies have to be implemented by all the participants and must be

monitored by supranational executive and 1udiciary authorities. In other

words, by adopting a common policy, the participants agree to transfer some

of their sovereign powers to common supranational institutions. In fact, that

transfer of soverei(n ri(3ts in t3e frame=or> of common policies ist3e main dra=bac> but also t3e fundamental c3aracteristic of

multinational inte(ration. It explains why common policies are diKcult toadopt, but also why, once adopted, they are binding elements of the

multinational structure.

There are 4main types of common policies:

undamental common policiesL common policies whose basicob1ectives are inscribed n the Treaty itself and are agreed by both

governments and the parliaments of the 7ember States

Secondar: common policies L are de-ned by the commonlegislative bodies within the framewor+ of the fundamental common

policies and in accordance with the $ommunity decision6ma+ing

process

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mar+et for all products, on a scale comparable to that of the S. The *rench

*oreign 7inister addressed that appeal to all European countries, but only #

gave a favorable reply L ?ermany, Italy, >elgium, The =etherlands and

Nuxembourg, besides *rance, obviously. So only six States signed the Treaty

establishing the European $oal and Steel $ommunities 2E$S$3. 2$E$B3 in


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" January !!# L ustria, *inland, Sweden

# 7ay /00" L


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- capital and wor+ers in both sectors should circulate freely

These rules were to be implemented by $ommunity institutions which would

exercise the powers previously held by the states in those sectors and whose

decisions were to be binding on all 7ember States:

- a )igh uthority

- a special $ouncil of 7inisters

- a $ommon or European ssembly

- a European $ourt of Justice

The E$S$ was the -rst international organisation to be based on

supranationalprinciples and was, through the establishment of a commonmar+et for coal and steel, intended to expand the economies, increase

employment, and raise the standard of living within the $ommunity. The

mar+et was also intended to progressively rationalise the distribution of high

level production whilst ensuring stability and employment. The common

mar+et for coal was opened on 0 *ebruary !#C, and for steel on 7ay

!#C. Bn ugust !#/, the nited States was the -rst country 2aside from

E$S$ members3 to recognise the $ommunity and stated it would now deal

with the E$S$ on coal and steel matters, establishing its delegation in

>russels.


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uthority and the three smaller members appointed one each. These

eight members then themselves appointed a ninth person to be


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and that of national governments, which were still responsible for the

stateGs general economic policies. The $ouncil was also reAuired to

issue opinions on certain areas of wor+ of the )igh uthority.

%3e ourt of @usticewas to ensure the observation of E$S$ law alongwith the interpretation and application of the Treaty. The $ourt was

composed of seven 1udges, appointed by common accord of the

national governments for six years. There were no reAuirements that

the 1udges had to be of a certain nationality, simply that they be

Auali-ed and that their independence be beyond doubt. The $ourt was

assisted by two dvocates ?eneral.

%3e onsultative ommittee2similar to the *conomic and Socialommittee3 had between C0 and #0 members eAually divided

between producers, wor+ers, consumers and dealers in the coal andsteel sector. gain, there were no national Auotas and the treaty

reAuired representatives of European associations to organise their

own democratic procedures. They were to establish rules to ma+e their

membership fully GrepresentativeG for democratic organised civil

society. 7embers were appointed for two years and were not bound by

any mandate or instruction of the organisations which appointed them.

The $ommittee had a plenary assembly, bureau and a president.

gain, the reAuired democratic procedures were not introduced and

nomination of these members remained in the hands of national

ministers. The )igh uthority was obliged to consult the $ommittee in

certain cases where it was appropriate and to +eep it informed. The

$onsultative $ommittee remained separate 2despite the merger of the

other institutions3 until /00/, when the Treaty expired and its duties

were ta+en over by the Economic and Social $ommittee 2ES$3.

2. %* %*#%&*S , ,/*

Six years after the Treaty of


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January !#5.These $ommunities were based, with some ad1ustments, on

the E$S$. The Treaties of 4ome were to be in force inde-nitely, unli+e the

Treaty of


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2E$S$ and Euratom3.rticle 5 of the EE$ Treaty states that the $ommon

7ar+et will be progressively established during a transitional period of /

years, divided into three stages of four years each. To each stage there is

assigned a set of actions to be initiated and carried through concurrently.

Sub1ect to the exceptions and procedures provided for in the Treaty, the

expiry of the transitional period constitutes the latest date by which all the

rules laid down must enter into force. The mar+et being based on the

principle of free competition, the Treaty prohibits restrictive agreements and

state aids 2except for the derogations provided for in the Treaty which can

aect trade between 7ember States and whose ob1ective is to prevent,

restrict or distort competition. *inally, the overseas countries and territories

are associated with the $ommon 7ar+et and the customs union with a view

to fostering trade and promoting 1ointly economic and social development.

s a matter of fact, the common mar+et meant exclusively free circulation of

goods. *ree movement of persons, capitals and services continued to besub1ect to numerous limitations. It was necessary to wait until the Sin(le*uropean #ctin !58, when a de-nitive boost was given to establish agenuine uni-ed mar+et. This brought about the European nion Treaty in

!!/.

%3e development of common policies

$ertain policies are formally enshrined in the Treaty, such as the commona(ricultural polic:2rticles C5 to "83, common trade policy 2rticles 0 to

'3 and transport policy 2rticles 8" to 5"3.Bthers may be launcheddepending on needs, as speci-ed in rticle /C#, which stipulates that: If

action by the $ommunity should prove necessary to attain, in the course of

the operation of the common mar+et, one of the ob1ectives of the

$ommunity and this Treaty has not provided the necessary powers, the

$ouncil shall, acting unanimously on a proposal from the $ommission and

after consulting the ssembly, ta+e the appropriate measures. fter the

an+ in order to facilitate the $ommunityGs

economic expansion by creating new resources.

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The Treaty of 7aastricht was signed on 8 *ebruary !!/ and was in fact

made up of two separate but interrelated Treaties: the %reat: on t3e*uropean +nion2TE3 and the %reat: establis3in( t3e *uropeanommunit:2TE$3.The Treaty of 7aastricht did " things which were of transforming signi-cance

for the integrationist pro1ect:

it extended the competence of the $ommunityMs institutions into new

areas

/ it established new and far reaching ob1ectives which were openly

integrationist in character

C it aimed to create a single currency. Wrote a timetable for its

introduction and set out the rules by which member states would

Aualify for admission and by which the currency would be governed2E73

". it created a new structure, namely the C pillars.

The two treaties separated the European construction into three pillars,

distinguished mainly on the basis of the decision6ma+ing process:

The main pillar is the European $ommunity and where the common

wor+ of the participants is regulated by the TE$ and where the

$ommunity prevails

/ the pillar of 1ustice and home aairs

C the pillar of the common foreign and security policy 2$*Setwithout barriers to trade, which includes a simple customsunion in which independent nations agree not to put taris on each othersM

goods. That is why each member state is entitled to as+ the others whether

those goods circulating freely are produced and traded under conditions

which ensure fair competition. 7oreover, the internal mar+et is more than a

simple customs union, because it does not simply guarantee the freemovements of goods, but what we call the four freedomsL free

movements of goods, free movements of capital, free movements of services

and free movement of labour.


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traditionally regarded as fundamental to sovereignty, or the right and ability

of an independent state to govern its aairs and those of the inhabitants of it

territory. That is why the TE reAuired unanimity for decision6ma+ing, and,

hence, any 7ember State could veto a common action. $ommon *oreign and

Security


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7a1or provisions of the msterdam Treaty

1 Extension of the Qualied Majority Vote

Extends R7F to the following -elds L employment guidelines and

incentive measures; social exclusion; free movement of persons

2after # years3

Special treatment for foreign nationals; public health, eAual

opportunities and eAual treatment for men and women; research

development; countering fraud; customs cooperation; statistics;

data protection; peripheral regions

2 Institutional Changes

Nimits the no of members of the E< to 800, however big the E may

grow

=omination of the $ommission


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Empowers the $ouncil to ta+e appropriate action to combat

discrimination based on sex, racial or ethic origin, religion or belief,

disability, age or sexual orientation


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Stipulates that a high level of human health protection must be

assured in the de-nition and implementation of all $ommunity

policies and activities


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a3 groups of at least 5 7S may ma+e agreements among themselves

which enable them to go further in particular policy areas than the rest

are prepared to do, provided such agreements:

further the ob1ectives of the E and reinforce integration

respect the treaties and the single institutional framewor+ ofthe E

respect existing E law

respect existing competences

do not undermine mar+et or economic and social cohesion

respect the competences, rights and obligations of non6

participating 7S

are in principle open to all 7S

are used only as a last resort

b3 established a new cooperation body, Euro1ust

c3 establish a clear procedure for amending the fundamental aims of

the E, in consultation with the

European $entral >an+ and by unanimous vote at $ouncil

d3 the $ommission


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European nionwith a single text, given limited legal force to the $harter of

*undamental 4ights2which was incorporated into the $onstitution3, and

expanded Ruali-ed 7a1ority Fotinginto policy areas which had previously

been decided by unanimity among member states.

It was signed in /00" by representatives of the then /# member states of theEuropean nion and needed to be rati-ed by all member states to enter into

force. C member states completed the rati-cation procedure, but the

re1ection of the $onstitution by *rench and Hutch voters in 7ay and June

/00#, called the future of the $onstitution into Auestion. In light of these

developments three member states, *inland, ?ermany and Slova+ia,

abandoned their partially complete rati-cation procedures and a further

seven member states inde-nitely postponed consideration.

*ollowing the period of re@ection, the European $ouncilmeeting in June /008decided to start negotiations on a new reform treaty as a replacement. This

treaty was later named the Nisbon Treaty.

The Treaty establishing a Constitution for Europewas signed in 4omeon /!

Bctober /00" by #C senior political -gures from the /# member statesof the

European nion. In most cases heads of statedesignated plenipotentiariesto

sign the treaty, but some presidentsalso signed on behalf of states which

were republics. 7ost designated plenipotentiaries were prime ministersand

foreign ministers.

>efore a E Treaty can enter into force, it must be rati-ed by all member

states. 4ati-cation ta+es dierent forms in each country, depending on its

traditions, constitutional arrangements and political processes. 7ost member

states traditionally ratify E treaties following parliamentary votes, while

some D notably Ireland and Henmar+ D also hold referendums. s a

reaction to what was seen as the novel nature of the $onstitution, many

advocates and opponents of the $onstitution argued that it should be

sub1ected to 4eferendums across the European nion.

Bn /0 pril /00" then >ritish lairunexpectedly

promised a referendum, a proposal which he had previously re1ected.

further seven member states announced or had already announced that they

would hold referendums on the $onstitution. These being Henmar+, *rance,

Ireland, Nuxembourg, the =etherlands, Spainand


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turn out of '!. nd 1ust three days later the Hutch re1ected the constitution

by a margin of ' to C! on a turnout of '/.=otwithstanding the

re1ection in *rance and the =etherlands, Nuxembourgheld a referendum on

0 July /00# approving the $onstitution by #8 to "C. It was the last

referendum to be held on the $onstitution as all of the other member states

that has proposed to hold referenda cancelled them.

Content

Institutional structure

nder the T$E, the $ouncil of the European nionwould have been formally

renamed the $ouncil of 7inisters, which is already its informal title. The

?eneral airs $ouncil would have been formally split from the *oreign

airs $ouncil, which had informally held meetings separately since June

/00/.

The T$E included a @ag, an anthemand a motto, which had previously not

had treaty recognition, although none of them are new.

$onferral, subsidiarity, proportionality

The T$E would have reiterated several +ey principles of how the nion

functions:

the principle of conferral: that all E competences are conferred on it

voluntarily by member states;

the principle of subsidiarity: that governmental decisions should be

ta+en at the lowest level possible while still remaining eective;

the principle of proportionality: that the E may only act to exactly the

extent that is needed to achieve its ob1ectives;

the primacy of E law: in areas where member states have made

legally binding agreements at E level, they may not then pass

national laws incompatible with those E laws.

The T$E would have speci-ed that the E is a union of member states, and

that all its competences 2areas of responsibility3 are voluntarily conferred on

it by its member states according to the principle of conferral. TheE would

have no competences by right, and thus any areas of policy not explicitly

speci-ed in the $onstitution would have remained the domain of the

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sovereign member states 2notwithstanding the @exibility clauseG L see

below3.

ccording to the T$E, the E may act 2i.e. ma+e laws3 only where its member

states agree unanimously that actions by individual countries would be

insuKcient. This is the principle of subsidiarity, and is based on the legal andpolitical principle that governmental decisions should be ta+en as close to

the people as possible while still remaining eective. It is a main argument

against claims that Europe limits national sovereigntybut critics say that it is

a principle to which lip service only is paid, and, in practice, the reach of

theE has been increasingly ambitious.

$ommon values of the nionGs member states

s stated in rticles I6and I6/, the nion is open to all European States that

respect the member statesG common values, namely:

human dignity

freedom

democracy

eAuality

the rule of law

respect for human rights

minorityrights

free mar+et

7ember states also declare that the following principles prevail in their

society:

pluralism

non6discrimination

tolerance

1ustice

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solidarity

eAuality of the sexes

Some of these provisions are codi-ed for the -rst time in the T$E.

ims of the nion

The aims of the E, according to the T$E, are made explicit 2rticle I6

C3:promotion of peace, its values and the well6being of its people

maintenance of freedom, securityand 1ustice without internal borders,

and an internal mar+etwhere competitionis free and undistorted

sustainable developmentbased on balanced economic growthand

price stability, a highly competitive social mar+et economy

social 1usticeand protection, eAuality between women and men,

solidarity between generations and protection of the rights of the child

economic, social and territorial cohesion, and solidarity among

member states

respect for linguisticand culturaldiversity

In its relations with the wider world the nionGs ob1ectives are:

to uphold and promote its values and interests

to contribute to peace, security, the sustainable development of the

Earth

solidarity and mutual respect among people

freeand fairtrade

eradication of povertyand the protection of human rights, in particularthe rights of the child

strict observance and development of international law, including

respect for the principles of the nited =ations$harter.

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ompetences

The E has six exclusive competences, policy areas in which member states

have agreed that they should act exclusively through the E and not

legislate at a national level. The list remains unchanged from the previous

treaties:

customs union;

those competition rules that govern the internal mar+et;

euro9onemonetary policy;

conservation of marine biological resources 2the $ommon *isheries


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where this is necessary to achieve an agreed ob1ective under the T$E.

This clause has been present inE law since the original Treaty of 4ome

established the EE$ in !#5.

ommon forei(n and securit: polic:The E is charged with de-ning and implementing a common forei(n andsecurit: polic:in due time. The wording of this article is ta+en from theexisting Treaty on European nion.

$e= provisions

Negal personality

The European nion for the -rst time has legal personalityunder the T$E.

This means that it is able to represent itself as a single body in certaincircumstances under international law. 7ost signi-cantly, it is able to sign

treaties as a single body where all its member states agree.

=ew competences

The T$E would have conferred upon the E as new Gshared competencesG the

areas of territorial cohesion, energy, and space. These are areas where the

E may act alongside its individual member states. The E has conferred

upon it as new areas of Gsupporting, coordinating or complementary actionG

the areas of tourism, sport, and administrative co6operation.

*+ &$S%&%+%&,$S 2$D*# %#$SL#%&,$ S%+D&*S#+%+/$ %*/ 2014-2015,#$#-&S%&$# P*%+ P3D

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Lecture &&& %* %*#% , L&S7,$

Europe is not the same place it was #0 years ago, and nor is the rest of the

world. In a constantly changing, ever more interconnected world, Europe is

grappling with new issues: globalisation, demographic shifts, climate change,

the need for sustainable energy sources and new security threats. These are

the challenges facing Europe in the /st century.

>orders count for very little in the light of these challenges. The E countries

cannot meet them alone. >ut acting as one, Europe can deliver results and

respond to the concerns of the public. *or this, Europe needs to modernise.

The E has recently expanded from # to /8 members; it needs eective,

coherent tools so it can function properly and respond to the rapid changes

in the world. That means rethin+ing some of the ground rules for wor+ing

together.The treaty signed in Nisbon on C Hecember /008 sets out to do 1ust that.

When European leaders reached agreement on the new rules, they were

thin+ing of the political, economic and social changes going on, and the need

to live up to the hopes and expectations of the European public. The Treaty

of Nisbon de-nes what the E can and cannot do, and what means it can

use. It alters the structure of the EMs institutions and how they wor+. s a

result, the E is more democratic and its core values are better served.

This treaty is the result of negotiations between E member countries in an

intergovernmental conference, in which the $ommission and


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6 strengthened role for the European


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-La=ma>in("the Gco6decision procedureG 2renamed Gordinary legislativeprocedureG3 has been extended to several new -elds. This means that


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have to explain its reasons, and it will be up to the European


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arrangements for the future composition of the European


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each represent more people than those from smaller countries. =o country

may now have less than ' or more than !' 7E


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of the $ommission, while under the former Treaties that number would have

been reduced to a number inferior to that of 7ember States.

In another ma1or change, there is a direct lin+ between the results of the

European elections and the choice of candidate for president of the

$ommission.

The president is also stronger, as heshe has the power to dismiss fellow

$ommissioners.

*+ 3i(3 representative for forei(n and securit: polic: I ommissionvice-presidentThe creation of this post is one of the ma1or institutional innovations

introduced by the Treaty of Nisbon. It should ensure consistency in the EMs

dealings with foreign countries and international bodies.

The high representative has a dual role: representing the $ouncil on common

foreign and security policy matters and also being $ommissioner for externalrelations. $onducting both common foreign policy and common defence

policy, heshe chairs the periodic meetings of member countriesM foreign

ministers 2the %foreign aairs $ouncil&3. nd heshe represents the EMs

common foreign and security policy internationally, assisted by a new

*uropean e!ternal action service, composed of oKcials from the $ouncil,$ommission and national diplomatic services.

%3e ot3er institutions=o signi-cant changes have been made to the role or powers of the

European $entral >an+ or the $ourt of uditors. )owever, the treaty

broadens the scope of the European $ourt of Justice, especially as regards

police and 1udicial cooperation in criminal matters, and changes some of its

procedures.

=ational parliaments

P,*D+* , %* ,//&S&,$*S D*S&6$#%* *#&$6 7 %*P*

The term of oKce of the European $ommission, the European nionMs

executive body, lasts -ve years. s the last $ollege of $ommissionersM was

appointed in =ovember /00" it now has to be replaced. This reAuires the

approval of the European


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$ommission will have /5 7embers: a


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The results of the hearings are sent to the


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#+%+/$ %*/ 2014-2015,#$#-&S%&$# P*%+ P3D

Lecture &9 %* &$S%&%+%&,$S

*or the moment, the E is a curious mixture of two things.

*irstly, it remains a system to facilitate cooperation between 7S, each

of which has control over its own foreign policy, criminal law and, with

certain limited but important exceptions, taxation.

/ secondly, in some areas, it has evolved true supranational institutions

which have powers Auite independently of the 7S, including, in some

cases, the right to instruct and discipline those 7S.

$ommon policies, which are the essence of the multinational integrationprocess, are the fruit of intensive negotiations among the 7S which

participate in the process. In order to be acceptable to all 7S, the conception

of a common policy must try to satisfy or, at least, not harm the national

interests of the 7S and, therefore, the governments of all 7S must

participate in the decision Lma+ing process. )owever, their participation may

be direct or indirect. Hecisions on fundamental common policies, reAuiring

new transfers of national sovereignty, are ta+en by the participating

governments and are outlined in treaties, signed by those governments and

rati-ed after authori9ation by the national parliaments. Hecisions on

secondary common policies, that is those policies necessary to attain the

goals set in the treaty, including policy guidelines and legal acts based on

the treaties, are ta+en by the common institutionsset up by the treaties,according to procedures and following the legal forms agreed in the treaties.

In a process of multinational integration, the governments of the 7S direct

the play from the bac+stage but leave the stageto t3e actors namel:t3eir representatives appointed b: t3em andIor b: t3eir citizens.The principal actors of European integration are called institutionsby theEuropean Treaties. *or analytical purposes, let us consider as principal actors

of European integration, the -ve organs which intervene principally in thedecision6ma+ing process and therefore in the governance of the $ommunity:

the European $ouncil L sets the goals of the common policies

the European $ommission L ma+es the proposal for the decisions

to be ta+en and is mainly responsible for the implementation of

the common policies

the European


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the $ouncil of 7inisters 6 ta+e the decisions together with the


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draft conclusions and loo+s at them over brea+fast, while discussing

the speci-c points with the assistant; /. the $ouncil convenes again

and spends the morning and, if necessary, part of the afternoon, to

-nali9e then conclusions.; C. the press conference

it began on an informal basis, as %summit meetings& in the!'0s, but

now it is fully institutionali9ed according to article " of the Treaty of

=ice, which provides that the European $ouncil meets at least twice a

year, under the chairmanship of the )ead of State or ?overnment of

the 7S holding the russels. The decision

is clearly motivated by reasons of practicality and security, not tomention the amount of money the host country should have spend for

the organi9ation of such a meeting.

The European $ouncil de-nes the political guidelines of the $ommunity

and resolves the most important problems of the European

construction

It is a forum for free and informal exchanges of views between the

responsible leaders of the 7S

It should be noted that the heads of state or governments do not

adopt le(al acts formall: bindin(the 7S

The $ouncil issues declarations containing guidelines and general

directives for future $ommunity action. These declarations have

political values, but no legal binding force

The European $ouncil is a locus of po=erwhich has a number ofcharacteristics:

- authorityL the European $ouncil brings together political

personalities who, in their national capacity, are ultimate

decision6ta+ers. $ollectively, they consider themselves, in the

European context, as having a similar tas+. Essentially, theycome together to ta+e decisions and they expect these decisions

to be respected. That is why the $ouncil conclusions are very

speci-c in nature. Strictly spea+ing, the council conclusions are

not legally binding, but they are a sort of soft la=which theEuropean $ommission and the E< have to ta+e into account and

respect

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- informality L the European $ouncil has always attached the

highest importance to the informality of its meetings. It wor+s on

the basis of restricted sessions where the heads of government

and the foreign ministers sit alone, face to face, addressing each

other by their -rst names, the principle at wor+ being the

principle of privacy and direct contact, Auite freAuently

confrontational.

- 0neual relationshis L in the abstract, all heads of

governments are eAual, 1ust as their states have eAual status in

international law. >ut the European $ouncil is a locus of power,

the fact that some participants have in fact more power as they

represent a bigger country is immediately apparent and implicitly

understood by all. Smaller countries are diKdent about the

increasing power of the European $ouncil precisely because they

+now they are less well protected at that level than in theinstitutions governed by legal rules and strict procedures. The

same is true foe the $ommission. When operating in the $ouncil

of 7inisters, the rights and prerogatives of the $ommission are

well de-ned and protected by the Treaty, but at European

$ouncil level this is not the case.

- "eniority6 the balance of power in the European $ouncil in

in@uenced by seniority, because the number of participants is

small and personal relations important. )eads of governments of

smaller 7S can expect to exert more in@uence after several

years of being present, and especially after having led a

successful presidency. 2eg. Jean $laude Junc+er,


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%3e *uropean ouncil 3as 5 main functions"eneral oliti&al guidan&e and imetusL the tas+ implies the right to

launch new activity -elds 2in 4ome, in Hecember !8#, the European $ouncil

decided to initiate cooperation in the -ght against terrorism and organi9ed

crime3. >asically, the European $ouncil -xes the agenda of the E and is the

place where strategic orientation are given. Bne example of political

guidance, in the momentous decision ta+en at $openhagen in Hecember

!!C on enlargement, when accession was oered to central and eastern

European countries, without any public debate 2or very little3

De&ision4ma$ing of last resortL although initially, the European $ouncil

was not supposed to e an ultimate decision6ta+er, now it has become a +ind

of court of appeal for settling problems too complex or too politically

sensitive to be resolved at the level of the $ouncil of 7inisters. Thus,European $ouncil meetings have lately come to be thematic aairs 2eg.

employment in Nuxembourg, 1ustice and home aairs in Tampere, economic

and social policy in Nisbon and Stoc+holm, etc3

Visi.ility in external a5airs L when acting in its external capacity, the

European $ouncil operates li+e a %collective head of state&. Bver the years,

the $ouncil has approved a number of statements covering events in all

parts of the world and developments in the -eld of diplomacy. 7S have used

the European $ouncil to express common positions on international aairs.

"olemn rati&ation of signi&ant do&umentsLEach European $ouncil

regularly endorses a series of documents, reports, action plans or

contributions. These documents are submitted to the European $ouncil

because they have been reAuested by a previous European $ouncil, or

because they apply a previous decision of the European $ouncil or because

the authors 2the European $ommission, the $ouncil of 7inisters, the


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The $ouncil of 7inisters ta+es decision in particular policy areas. The $ouncil

of 7inisters operates in several formations, organi9ed by area of activity.

Each formation brings together the relevant minister or ministers for each

member state, authori9ed to commit the government of the respective 7S, in

other words, if ministers agree to something in $ouncil, it is understood that

they have the support of their governments and that the legislative act thus

adopted will be implemented in their 7S. There are ' such con-gurations L

the griculture $ouncil, the Eco-n, the J) $ouncil, the Social airs $ouncil,

the Environment $ouncil, the Transport and Telecommunications $ouncil, the

*isheries $ouncil, the Industry and Energy $ouncil, the Internal 7ar+et,

$onsumer airs and Tourism $ouncil, the 4esearch $ouncil, the >udget

$ouncil, the $ulture $ouncil, the Hevelopment $ouncil, the Education and

Xouth $ouncil, the )ealth $ouncil, the ?eneral airs and External 4elations

$ouncil.

The ?eneral airs and External 4elations $ouncil 2 made up of the foreign

ministers3 is the principal $ouncil con-guration and holds separate meetings,

dealing respectively with: a3 preparation for and follow6up to the European

$ouncil, institutional and administrative matters, hori9ontal dossiers which

aect several of the E Ms policies and b3 the whole of the nionMs external

action, namely common foreign and security policy, foreign trade,

development cooperation and humanitarian aid.

Some $ouncils 2the ?eneral airs and External 4elations, Eco-n,

griculture, Environment3 meet once a month, the others meet two to four

times a years, depending on then topics to be discussed, while yet others are

convened only once every ' months. =ormally, $ouncil meetings ta+e place

in >russels, but, as a result of an agreement with the Nuxembourg

government, $ouncil meetings convened in pril, June and Bctober are held

in Nuxembourg.

Each 7S hold the


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When chairing the $ouncil meeting, each holder of the


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Thus, actually, the $ommission is composed of /5 $ommissioners, who are

proposed by the government of each 7S and are appointed, for a period of #

years, by the $ouncil, acting by a Auali-ed ma1ority and by common accord

with the nominee for


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The $ommissioners do not have an: individual decision-ma>in( po=ers,except when they are authorised by the $ommission to ta+e measures in

their own name in their area of responsibility 2so6called empowerment

procedure3. In this case, they assume the political and legal responsibility on

behalf of the $ommission.

The President plays a signi-cant role: under the E Treaties, he de-nes thepolicy direction, assigns portfolios to each of the $ommissioners 2e.g.

internal mar+et, regional policy, transport, environment, agriculture, trade,

etc.3 and can, at any time, change the attribution and or shape of the

portfolios. The $ollege decides on the strategic ob1ectives and on this basis,

draws up the annual wor+ programme.

The Fice6


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Mem.ers

etter 4egulation,Interinstitutional 4elations, the 4ule of Naw and the $harter of

*undamental 4ights

i(3 epresentative6 ederica /o(3erini- )igh 4epresentative ofthe nion for *oreign airs and Security is6 Euro Y Social Hialogue

@:r>i 8atainen6 Jobs, ?rowth, Investment and $ompetitiveness ,//&SS&,$*S

6unter ,ttin(er - Di(ital *conom: M Societ:@o3annes a3n6 European =eighbourhood aitis6 )ealth Y *ood SafetyDimitris #vramopoulos6 7igration, )ome airs and $iti9enship/arianne %3:ssen6 Employment, Social airs, S+ills and Nabour 7obilityPierre /oscovici6 Economic and *inancial airs, Taxation and $ustoms3ristos St:lianides6 )umanitarian id Y $risis 7anagementP3il o(an6 griculture Y 4ural Hevelopment

@onat3an ill6 *inancial Stability, *inancial Services and $apital 7ar+etsnion

9ioleta 7ulc6 Transport*lbieta 7ieQ>o=s>a6 Internal 7ar+et, Industry, Entrepreneurship andS7Es

9Rra @ourov6 Justice, $onsumers and ?ender EAuality%ibor $avracsics6 Education, $ulture, Xouth and Sportorina reTu-4egional


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arlos /oedas6 4esearch, Science and Innovation

;ee$ly meetings of the Commissioners 4According to the rules of

procedure the Commission meets every week to discuss politically sensitive

issues and adopt proposals that need to be agreed by 'oral procedure' !n

practice, the Commissioners meet every "ednesday in #russels exceptduring the European $arliament's plenary sessions when they meet in

%trasbourg Additional special sittings may be held when necessary, for

example &ust before or during an important meeting of the European Council

of the Council of the European nion

The agenda for each meeting is based chie@y on the $ommission wor+

programme. Each item on the agenda is presented by the $ommissioner

responsible for the related policy area. The whole team of $ommissioners

then ta+es a collective decision on it. This decision6ma+ing procedure at the

wee+ly meetings is +nown as Foral procedureF. It is used only for ma1orproposals that reAuire oral discussion within the $ommission before they can

be adopted. 7ost $ommission decisions, however, are not ta+en at its

wee+ly meetings, but are adopted by G=ritten procedureFL a proposal ordraft document is circulated to all $ommissioners, who can ma+e comments

within a certain time frame.

%* +$%&,$S , %* ,//&SS&,$

1 t3e po=er of initiative it proposes new laws and other measures.=either the $ouncil nor the E< has the formal power to propose

legislative or other $ommunity measures, including Hirectives,

4egulations, 4ecommendations and the annual budget. Hecisions on

these proposals are ta+en by $ouncil and the E< with the codecision

procedure or, in some cases, by the $ouncil alone, namely by the 7S.

In other words, the $ommission does not legislate.

2 e!ecutive bod: 'administrative role) L the $ommission has

extensive executive powers to ensure the attainment of the ob1ectivesset out. The $ommission implements the decisions ta+en by the

legislative bodies 2$ouncil and E


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implemented and respected by the 7S. *or this purpose it has

investigative power, which it exercises at its own initiative or in

response to a reAuest from a government or a complaint from an

individual. If, following the investigation, the $ommission considers

there is infrin(ement of t3e ommunit: le(islationit invites theState concerned to submit its comments within a given period of time.

If the State in Auestion does not comply or if the explanations provided

do not convince the $ommission, the latter issues a reasoned opinion

to which the 7S is obliged to conform within the prescribed time6limit.

If the 7S fails to conform, the $ommission refers the matter to the

European $ourt of Justice, which arbitrates the dispute an sanctions

the irregularity as noted by the $ommission and reAuires the 7S to

conform to the $ommunity legal order.

4 representative role L the $ommission deals with aspects of foreign

relations, especially those having to do with trade. The $ommissionnegotiates agreements, it ensures representatives of the E in third

countries and in many international organi9ations.

%* ,//&SS&,$ S*9&*S

The $ommission has two arms L 23 a political arms Z the $ollege of

$ommissioners and 2/3 an administrative arm in the form of the $ommission

services.

The services are organi9ed as Hirectorates6?eneral the number of which has

been constantly increasing as the $ommission has been assigned or

acAuired increased responsibilities and tas+s, relating to various policy areas.

4ecruitment to the $ommission services has always been based on open

competitions re@ecting the principle of merit.

Directorates- 6eneral2H?s3 are generally concerned with policy sectors2for instance, trade or environment3 whileot3er servicesare concernedwith cross6cutting, hori9ontal tas+s.

Directorates-6eneral6 $ommunication; Economic and *inancial airs; Enterprise and Industry;

$ompetition; Employment, Social airs and Inclusion; griculture and 4ural

Hevelopment; Energy; 7obility and Transport; $limate ction; Environment;

4esearch and Innovation; $ommunications =etwor+s, $ontent and

Technology; 7aritime airs and *isheries; Internal 7ar+et and services;

49 | P a g e


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4egional and rban


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founding treaties, and since !8! its members have been directly elected by

the people they represent.

Elections are held every -ve years, and every E citi9en is entitled to vote,

and to stand as a candidate, wherever they live in the E. The latest

elections were in June /00!.


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The most common procedure for adopting 2i.e. passing3 E legislation is

codecisionM. This procedure places the European


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amendments; ". $ouncil -rst reading L $ouncil does not approve all the

amendments and adopt a common position; #. $ommission opinion on the

common position; '.


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Throughout its term of oKce, the $ommission remains politically accountable

to


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Bther items on the agenda may include $ouncil or $ommission

communicationsM or Auestions about what is going on in the European nion

or the wider world.

4 %* *+,P*#$ ,+% , @+S%&*

The $ourt of Justice of the European $ommunities 2often referred to simply

as the $ourtM3 was set up under the E$S$ Treaty in !#/. It is based in

Nuxembourg.

Its 1ob is to ma+e sure that E legislation is interpreted and applied in the

same way in all E countries, so that the law is eAual for everyone. It

ensures, for example, that national courts do not give dierent rulings on the

same issue.

The $ourt also ma+es sure that E member states and institutions do what

the law reAuires. The $ourt has the power to settle legal disputes between

E member states, E institutions, businesses and individuals.

The $ourt is composed of one 1udge per member state, so that all /8 of the

EMs national legal systems are represented. *or the sa+e of eKciency,

however, the $ourt rarely sits as the full court. It usually sits as a ?rand

$hamberM of 1ust C 1udges or in chambers of -ve or three 1udges.

The $ourt is assisted by eight advocates6generalM. Their role is to presentreasoned opinions on the cases brought before the $ourt. They must do so

publicly and impartially.

The 1udges and advocates6general are people whose impartiality is beyond

doubt. They have the Auali-cations or competence needed for appointment

to the highest 1udicial positions in their home countries. They are appointed

to the $ourt of Justice by 1oint agreement between the governments of the

E member states. Each is appointed for a term of six years, which may be

renewed.

To help the $ourt of Justice cope with the large number of cases brought

before it, and to oer citi9ens better legal protection, a ourt of irst&nstanceHwas created in !55. This $ourt 2which is attached to the $ourt ofJustice3 is responsible for giving rulings on certain +inds of case, particularly

actions brought by private individuals, companies and some organisations,

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and cases relating to competition law. This court also has one 1udge from

each E country.

The *uropean +nion ivil Service %ribunalad1udicates in disputesbetween the European nion and its civil service. This tribunal is composed

of seven 1udges and is attached to the $ourt of *irst Instance.

The $ourt of Justice, the $ourt of *irst Instance and the $ivil Service Tribunal

each have a president chosen by their fellow 1udges to serve for a renewable

term of three years.

The $ourt gives rulings on cases brought before it. The -ve most common

types of case are:

references for a preliminary ruling;

/ actions for failure to ful-ll an obligation;

C actions for annulment;

" actions for failure to act;

# actions for damages.

1. %3e preliminar: rulin( procedure

The national courts in each E country are responsible for ensuring that E

law is properly applied in that country. >ut there is a ris+ that courts in

dierent countries might interpret E law in dierent ways.

To prevent this happening, there is a preliminary ruling procedureM. This

means that if a national court is in any doubt about the interpretation or

validity of an E law it may, and sometimes must, as+ the $ourt of Justice for

advice. This advice is given in the form of a preliminary rulingM.

2. Proceedin(s for failure to fulll an obli(ation

The $ommission can start these proceedings if it has reason to believe that a

member state is failing to ful-ll its obligations under E law. These

proceedings may also be started by another E country.

In either case, the $ourt investigates the allegations and gives its 1udgment.

The accused member state, if it is indeed found to be at fault, must set

things right at once. If the $ourt -nds that the member state has not

complied with its 1udgment, it may impose a -ne on that country.

A. #ctions for annulment

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If any of the member states, the $ouncil, the $ommission or 2under certain

conditions3


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Judgments of the $ourt are decided by a ma1ority and pronounced at a public

hearing. Hissenting opinions are not expressed. Hecisions are published on

the day of delivery.

The procedure in the $ourt of *irst Instance is similar, except that there is no

opinion from an advocate6general.

,%* &$S%&%+%&,$S #$D #D9&S, 7,D&*S

The EMs institutional structure also comprises a number of lesser6+nown

bodies, out of which only the European Economic and Social $ommittee was

provided for in the original Treaties. The newly created institutions and

bodies are the result of the evolution of European integration.

1< ,he Euroean Central =an$ 6 created by the Treaty of 7aastricht. The

E$> is made up of three separate, but closely lin+ed decision6ma+ing bodies.

The -rst and the most important is the Executive #ody,which consists

of the E$> oard members are not renewable.

The (overning Councilis composed of the ?overnors of the central

ban+s of the 7S belonging to the euro9one and the members of the

Executive >oard. The ?overning $ouncil is responsible for formulating

the monetary policy and adopting guidelines fot its implementation.

=either the E$> nor a national central ban+ nor any member of their

decision6ma+ing bodies may see+ or ta+e instructions from $ommunity

bodies, from any government of the 7S or any other body. The E$> has

the exclusive right to authori9e the issue of ban+notes within the

$ommunityMs euro9one.

The (eneral CouncilL comprises the president, the vice6president and

governors of all the E national central ban+s, including those not

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participating in the euro9one.


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auditors. The auditors are divided into audit groupsM. They prepare draft

reports on which the $ourt ta+es decisions.

The auditors freAuently go on tours of inspection to the other E institutions,

the member states and any country that receives aid from the E. Indeed,

although the $ourtGs wor+ largely concerns money for which the $ommissionis responsible, in practice 50 of this income and expenditure is managed by

the national authorities.

The $ourt of uditors has no legal powers of its own. If auditors discover

fraud or irregularities they inform BN* L the European nti6*raud BKce.

3< ,he Euroean E&onomi& and "o&ial Committee

*ounded in !#8 under the %reat: of omethe European Economic and

Social $ommittee 2EES$3 is an advisory body representing employers, tradeunions, farmers, consumers and the other interest groups that collectively

ma+e up organised civil societyM. It presents their views and defends their

interests in policy discussions with the $ommission, the $ouncil and the

European


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to encourage civil society to become more involved in E

policyma+ing;

to bolster the role of civil society in non6E countries and to help set up

advisory structures.

Wor+ing mostly in their countries of origin, the members of the $ommittee

form three groups that represent employers, wor+ers and various economic

and social interests.

The EmployersG ?roup has members from private and public sectors of

industry, small and medium6si9ed businesses, chambers of commerce,

wholesale and retail trade, ban+ing and insurance, transport and agriculture.

The Wor+ersM ?roup represents all categories of employees, from manual to

executive. Its members come from national trade union organisations.

The third group represents a wide range of interests: =?Bs, farmersGorganisations, small businesses, crafts and professions, cooperatives and

non6pro-t associations, consumer and environmental organisations, the

scienti-c and academic communities and associations that represent the

family, women, persons with disabilities, etc.

%< ,he Committee of the 'egions

Set up in !!" under the Treaty on European nion, the $ommittee of the

4egions 2$o43 is an advisory body composed of representatives of EuropeMsregional and local authorities. The $o4 has to be consulted before E

decisions are ta+en on matters such as regional policy, the environment,

education and transport L all of which concern local and regional

government.

The $ommittee has C"" members. The number from each member state

approximately re@ects its population si9e.

The members of the $ommittee are elected municipal or regional politicians,

often leaders of regional governments or mayors of cities.They are nominated by the E governments but they wor+ in complete

political independence. The $ouncil of the European nion appoints them for

four years, and they may be reappointed. They must also have a mandate

from the authorities they represent, or must be politically accountable to

them.

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The $ommittee of the 4egions chooses a


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,#$#-&S%&$# P*%+ P3D

Lecture 9 L#?-/#8&$6 &$ %* *+

The powers and responsibilities of the E 2its competences3 are de-ned in

the Treaty of 4oma and in the subseAuent amendments. *rom the very

beginning, the $ommunity had responsibility for the common policies, most

importantly covering agriculture, -sheries and international trade. There are

other matters added to these traditional responsibilities, such as transport,

environmental protection, consumer protection and public health, research

and development, the promotion of economic and social cohesion and

cooperation with developing countries.

Thus, the competences of the $ommunity result from the Treaty of 4ome 2although some of them could not be

exercised because of various political problems stemming from the

national interests of the 7S3

from each formal step in integration which added new competences

or, in some cases, the nion simply found itself in the situation to

exercise in practice powers that it has always en1oyed in theory

DI!!E'E6, "9'," 9! 7;

E law ta+es dierent forms. There are binding and non6binding legal

instruments.

) #inding instruments*instrumente &uridice obligatorii

+irectives

sets out a policy ob1ective but reAuires national legislation to

implement or transose. This gives a certain amount of leeway to the

7S and allows for diering conditions 2minimal standards3

directiveis a legislative actof the European nion,which reAuires7S to achieve a particular result without dictating the means of

achieving that result. It can be distinguished from regulationswhich

are self6executing and do not reAuire any implementing measures.

Hirectives normally leave member states with a certain amount of

leeway as to the exact rules to be adopted. Hirectives can be adopted

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by means of a variety of legislative proceduresdepending on their

sub1ect matter.

they are binding. The legal basis for the enactment of directives is

article /"! of theTreaty establishing the European $ommunityand, as

such, directives only apply within the European $ommunity pillar of the

European nion.

#rticle 24U!n order to carry out their task and in accordance with the provisions of

this reaty, the European $arliament acting &ointly with the Council, the

Council and the Commission shall make regulations and issue

directives, take decisions, make recommendations or deliver opinions

A regulation shall have general application !t shall be binding in its

entirety and directly applicable in all -ember %tates A directive shall

be binding, as to the result to be achieved, upon each -ember %tate to

which it is addressed, but shall leave to the national authorities thechoice of form and methodsA decision shall be binding in its entirety

upon those to whom it is addressed.ecommendations and opinions

shall have no binding force

The $ouncil can delegate legislative authority to the $ommission and,

depending on the area and the appropriate legislative procedure, both

institutions can ma+e laws. There are $ouncil regulations and

$ommission regulations. rticle /"! does not clearly distinguish

between legislative acts and administrative acts, as is normally done in

national legal systems

a time limit 2/ years or less3 is usually laid down for the transposition

of a directive 2often breached3.

in case of breach or in case the $ommission is not convinced that the

national implementing legislation is adeAuate, the E$J has the -nal

word

=otwithstanding the fact that directives were not originally thought to

be binding before they were implemented by member states, the

European $ourt of Justice developed the doctrine of direct eectwhereunimplemented or badly implemented directives can actually have

direct legal force. The court found that member states could be liable

to pay damages to individuals and companies who had been adversely

aected by the non6implementation of a directive.

.egulations

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apply immediately throughout the territory of the E, without

reAuirement for legislation at national level. re(ulationis alegislative actof the European nionwhich becomes immediately

enforceable as law in all member states simultaneously. 4egulations

can be distinguished from directives, at least in principle, need to be

transposed into national law. 4egulations can be adopted by means of

a variety of legislative proceduresdepending on their sub1ect matter.

are binding. The legal basis for the enactment of regulations is article

/"! of theTreaty establishing the European $ommunityand, as such,

regulations only apply within the European $ommunity pillar of the

European nion.

The $ouncil can delegate legislative authority to the $ommission and,

depending on the area and the appropriate legislative procedure, both

institutions can ma+e laws. There are $ouncil regulations and

$ommission regulations. rticle /"! does not clearly distinguishbetween legislative acts and administrative acts, as is normally done in

national legal systems.

4egulations are in some sense eAuivalent to cts of


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addressed to member states or individuals. The $ouncil of the

European nioncan delegate power to ma+e decisions to the European

$ommission.

The legislative procedure for adoption of a decision varies depending

on its sub1ect matter. The co6decision procedurereAuires agreement of

and allows amendments by both the European


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from the Hirective only by the absence of obligatory power. 2aduc la

cuno_tin^] o realitate pe care va trebui s] o legisle9e in viitor3

ccording to the terms of theTreaty on the European nionIn order to

ensure the proper functioning and development of the common

mar+et, the $ommission 2`3 formulate recommendations or deliver

opinionson matters dealt with in this Treaty, if it expressively so

provides or if the $ommission considers it necessary.

$oncretely, recommendations can be used by the $ommission to ra9e

barriers of competitioncaused by the establishment or the

modi-cation of internal norms of a 7ember State. If a country does not

conform to a recommendation, the $ommission cannot propose the

adoption of a Hirective aimed at other 7ember $ountries, in order to

elide this distortion

1pinions It reAuires little explanation

*or instance, the Economic and Social $ommittee or the $ommittee of

the 4egions may issue opinions on the various legislative proposals

tabled by the $ommission. These committees may also issue own

opinions on a variety of matters they consider relevant or important at

a speci-c given time.

Communications Issued by the $ommission; a document in which the $ommission states

its views on a speci-c issue

+eclarations

Issued by the $ouncil

.esolutions

Issued by the


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Each of the ma1or E institutions has a role to play in the creation and

implementation of the E law. Their role is determined by the type of law

being made and the policy area it covers. *or every proposed law their must

be a legal base to be found in the treaty. In other words, when the

$ommission ma+es a legislative proposal, it must be able to cite an article in

the Treaty which gives the E the authority to ma+e laws in that speci-c area

of policy. The treaty baseM can be challenged before the $ourt of Justice,

which has the -nal say as to whether or not it is legitimate. The choice of

the treaty base is crucial, because on it will depend which of the various

legislative procedures is used, and thus the extent of in@uence on the E< and

whether the $ouncil, in approving, re1ecting or amending the proposal, must

do so by unanimity or by Ruali-ed 7a1ority Foting 2B7F3.

R7F means that laws which are opposed by a sovereign stateMs governmentand may be abhorrent to its people can be imposed upon them. There may

be defenses to this, but practicality simply will not do. 7a1ority voting has

been extended to new areas at every amendment of the Treaty since the

Single European ct. p to now, only the most politically sensitive issues

have been left to unanimity, namely defense operations, most tax matters as

well as cultural policy amongst 7S.

,/E 7EI"7,IVE #'9CED0'E"

Hecision6ma+ing at European nion level involves various European

institutions, in particular

the European $ommission,

the European


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The main forms of E law are directivesand regulations. The rules and

procedures for E decision6ma+ing are laid down in the treaties. Every

proposal for a new European law is based on a speci-c treaty article, referred

to as the legal basisM of the proposal. This determines which legislative

procedure must be followed. %3e t3ree main procedures areVconsultationH VassentH and Vco-decisionH.

1< Co4de&ision

This is the procedure now used for most E law6ma+ing. In the co6decision

procedure,


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institutions to ma+e every eort to ensure that the co6decision procedure

operates as expeditiously as possible and in particular that in no case should

the actual period between the second reading by the European


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concerned, relations between the European


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The parliamentary committee responsible is named, along with any other

committees which are as+ed for an opinion 24ule "0 of the E


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parliamentary committee virtually unanimously 2with fewer than 0 of

votes against3, the report may be adopted by the plenary without further

amendment or debate 24ule Cof the E


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The $ouncil ma+es its position +nown after preparatory wor+ has ta+en place

within wor+ing parties made up of experts from the 7ember States and

chaired by the 7ember State holding the six6monthly


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If the $ouncil approves the $ommissionMs proposal as amended by the

European


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= Council common position

When the $ouncil does not share the views expressed by


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is accompanied by any statements made by the $ouncil andor the

$ommission for the $ouncil minutes, as well as unilateral statements by

delegations.=o time limit is laid down in the Treaty for the adoption of a

common position by the $ouncil. In the past, this phase has lasted for an

average of # months from the start of the procedure, depending on the

complexity of the dossiers. The adoption of certain politically sensitive

common positions has sometimes ta+en several years.

)? Commission communication on the common position

In this document, which is forwarded to the European


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The amendments adopted in parliamentary committee constitute %the

recommendation for second reading&, which is normally defended by the

same rapporteur as at -rst reading. It includes proposed amendments, where

appropriate. mendments may also be tabled personally by other 7embers

of the European


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The legislative act is submitted directly for the signature of the


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); Commission opinion on E$ amendments

The Treaty speci-cally reAuires the $ommission to deliver an opinion on the

European


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Such contacts may ta+e the form of bilateral meetings between

representatives of the European


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wee+s 2may be extended by two wee+s3. Negal basis: rticle /#2C3 of the E$

Treaty.

Should the $ouncil fail to approve all the amendments adopted by the

European


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exception to the Auali-ed ma1orityrule3 and simple ma1ority for the European


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;&nformal trialo(ue


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the parliamentary committee responsible for the dossier. The delegationGs

decisions are ta+en by a ma1ority of its component members 2i.e. " votes3.

onduct of ne(otiations

The wor+ of the $onciliation $ommittee is prepared in the course oftrialogues where teams of negotiators from the three institutions attempt to

draw up a compromise 2%1oint text&3, often on the basis of a general pac+age

aimed at stri+ing an overall balance.

ttempts are often made to conclude the conciliation procedure at the -rst

meeting of the $onciliation $ommittee, sometimes through a straightforward

statement of agreement. In some cases, several meetings of the $onciliation

$ommittee will be necessary to ensure that the members of the delegations

are fully aware of the position and the determination of their counterparts.

These meetings may be preceded by trialogues and technical sessions.

Proceedin(s of t3e onciliation ommittee

The $onciliation $ommittee brings together the delegations of the European


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2/3the E


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/; $arliament and the Council do not approve the &oint text

Should either of the institutions fail to give approval within the stipulated

time limit, the act is deemed not to have been adopted and the procedure is

ended. Negal basis: rticle /#2#3 of the E$ Treaty.In practice, approval of the

1oint text by the $ouncil 2/8 7ember States3 does not pose a problem, sincethe $ouncilMs delegation within the $onciliation $ommittee is made up of one

representative per 7ember State 2often the same representative as in

$oreper3. Bn the European


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he #udgetary procedure

The E< and the $ouncil form what is +nown as the budgetary authority,

yet the budget itself begins life as a $ommission proposal, called

#reliminary Draft =udget, which is -rst sent to the $ouncil, where it

must arrive at the latest by September so that it may be

implemented from January the following year.

The $ouncil, acting by Auali-ed ma1ority, considers the $ommissionMs

proposal and adopts a modi-ed version of it, +nown as the draft

.udget.

The draft budget must be forwarded to the E< by # Bctober

The E< has "# days to adopt the budget or demand amendments

If, in that time, the E< fails to state a position, the budget is deemed

approved

If the E< proposes changes, it sends the draft budget bac+ to $ouncil

and reAuests amendments

If the reAuested changes refer to the compulsory expenditure, a

ma1ority of votes cast is necessary

If the changes reAuired aect the non6compulsory expenditure, they

must be adopted under an absolute ma1ority of all members

When the $ouncil receives the E


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It is an idea borrowed from the S, which means that an

appropriation is made each month which the eAuivalent of one twelfth

of the previous yearMs budget.

*+ &$S%&%+%&,$S 2$D*# %#$SL#%&,$ S%+D&*S#+%+/$ %*/ 2014-2015,#$#-&S%&$# P*%+ P3D

Lectures 9&-9&& P,L&&*S , %* *+

%* /,$*%# P,L&

/onetar: +nionfter an initial stage lasting from July !!0 to C Hecember !!C, during

which stage the single mar+et would be completed and economic

coordination reinforced, a second stage, from January !!" to C

Hecember !!5, saw the establishment of the European 7onetary Institute

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