European Law

The Institutional Structure of the EC and the EU

Craig and De Burca:

. Discussion should not be approached with any preconceptions about the traditional division of governmental functions into categories of legislative, executive, administrative, and judicial. Do not seek to pigeon-hole each of the institutions into one category as if it only undertook tasks of, for example, a legislative or executive nature. Many of these duties are shared between different institutions in a manner which renders it impossible to describe any one of them as the sole legislator, or the sole executive.

Article 7(1) The tasks entrusted to the Community shall be carried out by the following institutions: - a European Parliament - a Council - a Commission - a Court of Justice - a Court of Auditors Each institution shall act within the limits of the powers conferred upon it by this Treaty.
Article 7(2) The Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions acting in an advisory capacity.
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Three main decision making institutions the Institutional Triangle

European Parliament Council of the European Union European Commission Other bodies: Economic and Social Committee Committee of the Regions European Central bank European Investment Bank European Ombudsman
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The European Parliament directly elected

legislative arm of the EU - represents EU citizens

Parties & No of Seats European Peoples Party & European Democrats 232 European Socialists 175 Euro Liberal, Democrat & Reformist Party 52 Euro United Left / Nordic Green Left 49 Greens / Euro Free Alliance 44 Union for Europe of the Nations 23 Europe of Democracies & Diversity 18 Non-attached 31 TOTAL 624

Functions of the Parliament:

Legislative function Democratic supervision over other EU institutions Shares power to decide the EU budget with the Council of the European Union

Parliamentary Committees

LIBE-on Citizens' Freedoms and Rights, Justice and Home Affairs

ENVI-on the Environment, Public Health and Consumer Policy AGRI-on Agriculture and Rural Development FEMM-on Women's Rights and Equal Opportunities Examples of temporary committees FIAP-on foot and mouth disease GENE-on human genetics and other new technologies of modern medicine

Council of the European Union

legislative arm of the EU represents the Member States EUs main decision making body One single institution but - 9 different configurations e.g. Justice & Home Affairs, Agriculture & Fisheries, Environment Each Minister is empowered to commit his/her Government and is answerable to national Parliament
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How is the Council organised? Presidency rotates every 6months between MS now Italy next Ireland Presidency assisted by the general Secretariat note Secretary General Javier Solana Permanent Representatives Committee (Coreper ) prepares work of the Council. Working Groups / committees assist Coreper Decisions made on basis of vote usually QMV but sometimes unanimity required

Functions of the Council:

Passing Legislation Coordinating economic policy Concluding international agreements Approving the EU budget Developing the EUs common foreign and security policy Coordinating cooperation between national courts & police forces in criminal matters
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The European Commission

Seeks to uphold the interests of the EU as a whole 20 Commissioners independent from MS governments 36 DGs and services dealing with specific areas of Commission activity

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Romano Prodi

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The Main roles of the Commission:

policy development
proposes legislation to Parliament and the Council; manages and implements EU policies and the budget; enforces European law (jointly with the Court of Justice);

represents the European Union on the international stage, for example by negotiating agreements between the EU and other countries.

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Some of the Directorates General of the European Commission: Agriculture Competition Education and Culture Energy and Transport Environment Fisheries Health and Consumer Protection Internal market Examples of the Commission Services Legal Service Translation Service Eurostat
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DG Health and Consumer Protection Mission Statement

DG Health and Consumer Protection is responsible for issues that are relevant to the daily lives of Europes citizens. The overall goal of the DG is to promote a better quality of life by ensuring a high level of protection of consumers health, safety and economic interests as well as public health. http://europa.eu.int/comm/dgs/health_consumer

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DG Health and Consumer Protection.

Relevant areas of Community activity Set down in the EC Treaty Consumer policy Articles 95 and 153 EC Treaty Public Health Articles 95, 152, and 300 Food safety, animal health, animal welfare and plant health Articles 37, 95 and 152.
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DG Sanco: One Policy Area - Food Safety Main subject areas include: Animal health / prevention and control of animal disease / animal welfare / Animal feed safety Plant health Enlargement Food labelling Safety of food products International food safety issues Agreement of sanitary and phytosanitary measures
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The Court of Auditors

Independent from other institutions One member from each Member State Court is responsible for ensuring that EU funds are used lawfully Investigative function but no legal powers simply reports any irregularities / fraud to the relevant body asap Annual Report reviews previous financial year an influential document
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Art. 7(2) - the advisory bodies

1. The Economic and Social Committee

(ESC) represents the interests of organised civil society within EU policy development and decision making.

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ESC member numbers by Member State:

Germany, France, Italy & UK 24 each Spain21 Belgium, Greece, Netherlands, Austria, Portugal & Sweden 12 each Denmark, Ireland & Finland 9 each Luxembourg 6 222 members - will rise to 344 postenlargement as new Member states add their members to the ESC.
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The ESC - Economic & Social Council.

The 3 groups - Employers Group

- Workers Group
- Various Interests
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Functions of the ESC:

Advises the Council of the European Union, the Commission and the Parliament Promotes involvement of civil society in EU policy making Bolsters the role of civil society in non-EU countries / helps to set up advisory structures
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The ESC has 6 sections that deal with specific areas covered by the Treaties. ECO - Section for Economic & Monetary Union & Economic & Social Cohesion SOC - Section for Employment, Social Affairs & Citizenship

INT - Section for the Single Market, Production & Consumption TEN - Section for Transport, Energy, Infrastructure & the Information Society

NAT - Section for Agriculture, Rural Development & the Environment

REX - Section for External Relations

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ESC - Section for Agriculture, Rural Development and the Environment - CAP - Agriculture (food and non-food agricultural production) - Fisheries - Forestry - Food - Environmental protection - Rural policy - Land-use planning

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The Advisory Bodies - EC Treaty, Article 7(2)

2. The Committee of the Regions Represents regional & local authorities

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The Committee of the Regions

Established in 1994. Represents regional and local authorities. members elected municipal or regional politicians. 222 members rising to 344 following enlargement. What does CoR do? Consultative role where EU policy impacts on regional & local government e.g. regional policy, environment, education and transport.
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CoR the 6 specialist commissions

Territorial Cohesion Policy Culture & Education

Economic & Social Policy

Constitutional Affairs & European Governance

Sustainable Development

External Relations
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