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    DECISION-MAKING INSTITUTIONS

    The three main decision-making institutions of the EuropeanUnion are:

    the European Parliament (EP), which represents the EUscitizens and is directl elected ! them"

    the #ouncil of the European Union, which represents theindi$idual mem!er states"

    the European #ommission, which represents the interests ofthe Union as a whole%

    This &institutional triangle produces the policies and laws that

    appl throughout the EU% 'n principle, it is the #ommission thatproposes new laws, !ut it is the Parliament and #ouncil thatadopt them% The #ommission and the mem!er states thenimplement them, and the #ommission enforces them%

    The powers and responsi!ilities of the EU institutions, and therules and procedures the must follow, are laid down in theTreaties on which the EU is founded% The Treaties are agreed !the presidents and prime ministers of all the EU countries and

    then ratified ! their parliaments%

    The European Parliament

    The European Parliament is the onl European !od that directlrepresents the citizens of the European Union% 't epresses thedemocratic will of the EUs *+ million citizens and representstheir interests in discussions with the other EU institutions%

    The European Parliaments origins go !ack to the founding

    treaties of the *+ when the European Parliamentar .ssem!lwas created%

    The European Parliament has offices in /rance, 0elgium and1uem!ourg:

    The monthl plenar sessions which all 2em!ers ofEuropean Parliament attend, are held in 3tras!ourg(/rance)- the Parliaments 43eat5

    Parliamentar committee meetings and an additionalplenar sessions are held in 0russels

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    1uem!ourg is home to the administrati$e offices (the6eneral 3ecretariat)%

    Political Groups of the Parliament

    7ne interesting feature of the Parliament, which has !een truesince not long after its esta!lishment, is that the 2em!ers of theEuropean Parliament sit according to political part rather thannationalit% The Parliament aims to speak for the Europeaninterest a!o$e the national interest%

    There are eight political groups in the European Parliament,ranging from socialist and en$ironmental parties to right-of-centre parties:

    The 6roup of the European People8s Part (#hristian9emocrats) and European 9emocrats% This is the largestgroup at the Parliament with ;< 2em!ers

    The socialist group% This group includes = 2em!ers

    .lliance of 1i!erals and 9emocrats% This group includes 2em!ers

    Union for Europe of the >ations% 't includes 2em!ers

    The 6reens?European /ree .lliance% 2em!ers

    European United 1eft?>ordic 6reen 1eft% 2em!ers

    'ndependence 9emocrac 6roup% This group includes 2em!ers

    'dentit, Tradition and 3o$ereignt 6roup, esta!lished in @anuar;, is the newest political grouping in the Parliament % Thisgroup includes A 2EPs%

    >on-attached mem!ers (these mem!ers are not affiliated withan political grouping)% There are A non-attached 2EP8s.

    The Poers of the European Parliament

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    The European Parliament has three fundamental powers:

    !" #e$islati%e poer

    The Parliament is Passing European laws B Cointl with the#ouncil in man polic areas% The fact that the EP is directlelected ! the citizens of the EU helps guarantee the democraticlegitimac of European law% 't can accept, amend or reCect thecontent of European law%

    'n some fields (for eample agriculture, economic polic, $isasand immigration), the #ouncil alone legislates, !ut it has toconsult Parliament% 'n addition, Parliaments assent is reDuiredfor certain important decisions, such as allowing new countries to

    Coin the EU%

    The Parliament also pro$ides impetus for new legislation !eamining the #ommisions annual work programme, consideringwhat new laws would !e appropriate and asking the #ommissionto put forward proposals%

    &" 'u($etar) Poer

    The power of the purse% The entire EUs annual !udget is decidedCointl ! the Parliament and the #ouncil of the European Union%The Parliament can propose the modification of !udget lines andhas the power to accept or reCect the !udget as a whole% 'n thiswa the Parliament has an important influence on EU spending%

    The Parliamentss #ommittee on 0udgetar #ontrol monitors howthe !udget is spent and each ear the Parliament decideswhether to appro$e the #ommissions handing of the !udget forthe pre$ious financial ear%

    *" Super%isor) Poer

    The Parliament eercises super$ision o$er all EU institutions andin particular the (un-elected) #ommission% 'T has the power toappro$e or reCect the nomination of #ommissioners, and has theright to make the #ommission as whole resign through a 4motionof censure5% hen a new #ommission takes office, its mem!ersare nominated ! the go$ernments of the EU countries, !ut the

    cannot !e appointed without Parliaments appro$al% Parliamentinter$iews each of them indi$iduall, including the prospecti$e

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    #ommission President, and then $otes on whether to appro$e the#ommission as a whole% 'n the near future, the Parliament willalso elect the President of the European #ommission on theproposal of the European #ouncil%

    2ore generall, the Parliament eercises control ! regurarleamining reports sent to it ! the #ommission and ! workingclisel with the #ouncil in certain areas, including input intoe$er EU 3ummit% The 2em!ers of the Parliament regurarl askthe #ommission and the #ouncil written and oral Duestions, andthe #ouncil President takes part in plenar de!ates%

    Parliament also eamines petitions from citizens and has thepower to set up temporar committees of inDuir% 't also has anappointed 7m!udsman who deals with complains ! citizensagainst EU institutions%

    +o is Parliament,s or or$anise(.

    Preparin$ for the plenar) session% The 2em!ers of the EuropeanParliament de!ate the #ommissions proposals in committeesthat specialise in particular areas of EU acti$it and on the !asisof a report prepared ! one of the committee mem!ers, the socalled &rapporteur% The report gi$es the !ackground of theproposal% The issues for de!ate are also discussed ! the politicalgroups%

    The plenar) session% Each ear, four-da plenar sessions areheld in 3tras!ourg and si two-da sessions are held in 0russels%.t these sessions, Parliament eamines proposed legislation and

    $otes on amendments !efore deciding on the tet as a whole.

    The 2em!ers of the Parliament also meet in unofficial, $oluntar,cross-part groups known as 'ntergroups%'ntergroups !ring together the 2em!ers of the Parliament todiscuss issues of common interest that eceeds political di$isions%These groups can !e an important mean to raise awareness a!outissues of particular concern (!oth within and outside theParliament)% 'ntergroups can also !e a means for interest groupsto esta!lish good contacts with a group of 2em!ers of the

    Parliament who share man of their concerns%

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    T+E COUNCI# O/ T+E EU0OPEAN UNION

    The #ouncil of the European Union holds the eecuti$e powerand is the EUs main decision-making !od%

    Each 2em!er 3tate participates in preparing the work of the#ouncil and in its decision-making

    The meetings of the European #ouncil usuall take place in0russels

    The #ouncil is made up of the ministers of the 2em!er 3tates% 'tmeets in nine different configurations depending on the su!Cectsunder discussion% /or eample, the 46eneral .ffairs and EternalFelations5 configuration is made up of foreign affairs ministers,the 4@ustice and Gome .ffairs5 configuration of Custice and homeaffairs ministers, etc%

    'ts 2inister is empowered to commit their go$ernment during the#ouncils meetings and is politicall accounta!le to their ownnational parliament and the citizens that parliament represents%This ensures the democratic legitimac of the #ouncils decisions%

    The * 4#onfigurations5 of the #ouncil of the European Union are:

    6eneral .ffairs and Eternal Felations

    Economic and /inancial .ffairs (E#7/'>)

    #ooperation in the fields of @ustice and Gome .ffairs (@G.)

    Emploment, 3ocial Polic, Gealth and #onsumer .ffairs

    #ompetiti$eness ('nternal 2arket, 'ndustr and Fesearch) Transport, Telecommunications and Energ

    .griculture and /isheries

    En$ironment

    Education, Houth and #ulture

    The #ouncil has si ke responsi!ilities%

    % European #e$islation% The main role of the #ouncil is to

    appro$e European 1aws that are normall put forward !the #ommission% 2uch EU 1egislations is adopted Cointl

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    with the European Parliament ( the so-called co-decisionprocedure)

    % Economic Polic) Co-or(ination" 2em!er 3tates ha$eagreed to de$elop an o$erall economic polic !ased on

    close co-ordination through the Economic and /inancial.ffairs #ouncil (E#7/'>)%A% International A$reements"Each ear the #ouncil officiall

    signs a num!er of agreements !etween the European Unionand the non-EU countries, as well as with internationalorganizations%

    % EU 'u($et"The EUs annual !udget is appro$ed Cointl !the #ouncil and the European Parliament%

    +% EU Common /orei$n an( Securit) Polic) (#/3P)% 2em!er

    3tates ha$e retained independence on this issue and so theEuropean 'nstitutions pla a limited role here% Gowe$er, theEU countries ha$e recognised the ad$antages of workingtogether on these issues and the #ouncil is the main forumin which inter-go$ernmental co-operation takes place%

    =% EU Co-operation in Criminal Matters- 1ustice an( +omeAffairs% The same conditions regarding the >ationalindependence appl here too% EU citizens are free to li$eand work in whiche$er EU countr the choose, so theshould ha$e eDual access to ci$il Custice e$erwhere in theEuropean Union%.lso in order to tackle cross-!order crime cross-!order

    cooperation is reDuired !etween the national courts, policeforces, customs officers and immigration ser$ices of all EUcountries%

    +o is the Council,s or or$anise(.

    The Presi(enc)

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    The Presidenc of the #ouncil rotates !etween the 2em!er3tates e$er si months% The countr that holds the Presidenctakes charge of the #ouncil agenda, chairs all the meetings andmediates !etween the 2em!er 3tates% The Presidenc has an

    important influence in the work of the #ouncil during its term, asit has the opportunit to promote particular legislati$e andpolitical decisions% The Presidenc also plas a maCor role inrepresenting the #ouncil within the EU and internationall%

    The Treat Esta!lishing a #onstitution for Europe, which wassigned in Fome on * 7cto!er , !ut has ne$er come intoforce, pro$ided for one of the more nota!le changes to theinstitutional framework of the EU ! stipulating that indi$idual

    si-month presidencies !e replaced ! Coint eighteen-monthpresidencies ! three mem!er states, the so-called Troikas%.lthough the Treat Esta!lishing a #onstitution for Europe is notlegall !inding, mem!er states ha$e decided to adopt theconcept of the presiding Trio%

    The presidenc is assisted ! the General Secretariat, whichprepares and ensures the smooth functioning of the #ouncilswork at all le$els%

    'n , @a$ier 3olana was reappointed 3ecretar-6eneral of the#ouncil%

    . 9eput 3ecretar-6eneral in charge of managing the 6eneral3ecretariat assists the 3ecretar-6eneral%

    Ministers

    The 2inisters meet in the different 4configurations5 of the

    #ouncil% 3ome configurations meet up once a month while othersas seldom as twice a ear% The preparator work done ! theofficials in their committees is crucial in allowing the #ouncil toreach agreements%

    Officials 2CO0EPE03

    Each 2em!er 3tate has a permanent team (representation) in0russels to defend national interests at EU le$el% The head ofeach representation (known as 4permanent representati$e5) acts

    as an am!assador to the EU% These 4am!assadors5 meet weeklwithin the Permanent Fepresentati$es #ommittee5 (#7FEPEF) to

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    prepare the work of the #ouncil% The role of this committee is toprepare the work of the #ouncil, with the eception of mostagricultural issues, which are handled ! the 3pecial #ommitteeon .gricultureThe #7FEPEF also, o$ersees the work and tasks of

    more than + committees of national officials working onspecific technical issues%

    4otin$ in the Council

    9ecisions in the #ouncil are taken ! $ote% Each 2em!er 3tatehas a fied num!er of $otes, related (although not proportionalto) the population of their countr% The !igger the countrspopulation, the more $otes it has, !ut the num!ers are weightedin fa$our of the less populous countries

    #ouncil decisions are prepared ! a structure of some+ working parties and committees comprising delegates fromthe 2em!er 3tates% The resol$e technical issues and forward thedossier to the Permanent Fepresentati$es #ommittee (#oreper),which ensures consistenc in the work and resol$es technical-political Duestions !efore su!mitting the dossier to the #ouncil%

    The #ouncil takes decisions ! a $ote of 2inisters from the

    2em!er 3tates% There are three tpes of $ote depending on theTreat pro$isions for the su!Cect !eing dealt with: simplemaCorit (for procedural decisions), Dualified maCorit (aweighted $oting sstem !ased on the populations of 2em!er3tates" used for man decisions concerning the internal market,economic affairs and trade) and unanimit (for foreign polic,defence, Cudicial and police cooperation, and taation)%

    The most common $oting procedure in the #ouncil is 4Dualified

    maCorit $oting (I2J)% This is the sstem that does not reDuireunanimous agreement ! all 2em!er 3tates, !ut does reDuire ahigh degree of consensus% 'n order to pass a $ote ! I2J, theproposal must !e supported ! a maCorit of countries ( out of;) and ! ++ $otes from the total of A+ $otes% The countriessupporting the proposal must represent at least =K of the totalEU population%

    .s the Union has enlarged and unanimit !ecomes increasingldifficult to achie$e, more and more polic issues are decided !I2J

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    'nformall, the appointed mem!ers of the #ommission are knownas &commissioners% The ha$e generall held political positionsin their countries of origin and man ha$e !een go$ernmentministers, !ut as mem!ers of the #ommission the are

    committed to acting in the interests of the Union as a whole andnot taking instructions from national go$ernments% The European #ommission is designed to !e a politicallindependent institution that represents and upholds the interestsof the EU as a whole% 't is the dri$ing force within the EUsinstitutional sstem as it is responsi!le for proposing legislation,implementing decisions, upholding the EUs treaties and thegeneral da-to da running of the Union%The #ommission is !ased in 0russels, !ut it also has offices in

    1uem!ourg, representati$es in all 2em!er 3tates anddelegations in man capital cities around the world%

    The Commissioners

    The #ommission in office is currentl composed of one#ommissioner per 2em!er 3tate% The group of ; #ommissionersare known as the #ollege of #ommissioners% The #ollege usuallmeets e$er ednesda in 0russels%

    'n $iew of further enlargement, its long-term future compositionhas !een the su!Cect of great discussion%

    The present #ommissions term of office runs until A 7cto!er*% 'ts President is @osL 2anuel 0arroso%

    The #ommission remains politicall accounta!le to Parliament,which has the power to dismiss the whole #ommission !adopting a motion of censure% 'ndi$idual mem!ers of the

    #ommission must resign if asked to do so ! the President andthe other commissioners appro$e%

    The #ommission is represented at all sessions of Parliament,where it must clarif and Custif its policies% 't also repliesregularl to written and oral Duestions posed ! 2em!ers of theParliament%

    +o is a ne Commission appointe(.

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    . new #ommission is appointed e$er fi$e ears, within simonths of the elections to the European Parliament% Theprocedure is as follows:

    the mem!er state go$ernments agree together on who todesignate as the new #ommission President"

    the #ommission President-designate is then appro$ed !Parliament"

    the #ommission President-designate, in discussion with themem!er state go$ernments, chooses the other mem!ers of the#ommission"

    the new Parliament then inter$iews each commissioner-designate and then gi$es its opinion on the whole team% 7nce

    the new #ommission is appro$ed, it can officiall start work%

    The #ommission emplos A% staff% These staff mem!ers, whoare selected from e$er EU 2em!er 3tate through $ercompetiti$e !ut open procedures, are administrati$e officials,eperts, translators, interpreters and secretarial staff%

    The #ommission as an institution is di$ided into departments

    !ased around su!Cect areas, which can !e !roadl grouped intofour tpes:Polic: < departmentsEternal Felations: = departments6eneral ser$ices: + departments'nternal 3er$ices: departments

    2ost of the 9epartments are known as 9irectorates-6eneral(96s)% The ha$e their own staff structures, headed ! the

    9irector 6enersl% The report directl to one of the#ommissioners who are politicall responsi!le for his or herdepartment% 7ther departments are classed as 3er$ices%

    Poers of the European Commission

    The European #ommission has four main roles:

    !" Proposin$ le$islation"

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    then !e sent to the #ouncil and the European Parliament forthem to decide on the proposal% The #ommission masu!seDuentl make amendments in the light of the commentsfrom these two institutions and then send the proposal !ack for

    final appro$al%

    The three #ouncils

    'ts eas to get confused a!out which European !od is which Bespeciall when $er different !odies ha$e $er similar names,such as the three &councils%

    The European Council

    This means the Geads of 3tate or 6o$ernment of all the EUcountries, plus the President of the European #ommission% 'tdepends on the political sstem of each countr whether theirparticipant is the president and?or the prime minister% TheEuropean #ouncil meets, in principle, four times a ear to agreeo$erall EU polic and to re$iew progress% 't is the highest-le$elpolicmaking !od in the European Union, which is wh itsmeetings are often called &summits%

    The Council of Europe

    This is not an EU institution at all% 't is an intergo$ernmentalorganisation, which aims (amongst other things) to protecthuman rights, to promote Europes cultural di$ersit and tocom!at social pro!lems% 't was set up in ** and one of its earlachie$ements was to draw up the European #on$ention onGuman Fights% To ena!le citizens to eercise their rights underthat con$ention, it set up the European #ourt of Guman Fights%The #ouncil of Europe now has = mem!er countries, includingall ; European Union countries, and its headDuarters is thePalais de lEurope in 3tras!ourg (/rance)

    The Council of the European Union

    /ormerl known as the #ouncil of 2inisters, this institutionconsists of go$ernment ministers from all the EU countries% .fuller description has !een gi$en earlier%

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    Decision- Main$ in the European Union

    .lthough it is the European #ommission that proposes newlegislation and decides which decision- making process to follow,it is the #ouncil and the Parliament that pass European laws% Themethod followed for each proposal depends upon its legal !asiswithin the EU treaties% There are three different methods ofdecision- making:

    !" Co-(ecision

    This is the most common procedure for adopting EU legislationand reDuires official appro$al from !oth the Parliament and the

    #ouncil%Parliament shares legislati$e power eDuall with the #ouncil%

    'f #ouncil and Parliament cannot agree on a piece of proposedlegislation, there will !e no new law% The procedure pro$ides fortwo successi$e &readings in each institution% 'f an agreement isreached in these readings, the law can !e passed% 'f not, it will!e put !efore a conciliation committee, composed of eDualnum!ers of #ouncil and Parliament representati$es% 7nce this

    committee has reached an agreement, the agreed tet is sentagain to Parliament and the #ouncil so that the can finall adoptit as law% #onciliation is !ecoming increasingl rare% 2ost lawspassed in co-decision are, in fact, adopted either at the first orsecond reading as a result of good cooperation !etween the threeinstitutions%

    &" Consultation

    The consultation procedure is used in areas such asagriculture, taation and competition% 0ased on a proposalfrom the #ommission, the #ouncil consults Parliament, theEuropean Economic and 3ocial #ommittee and the #ommitteeof the Fegions%

    Under the consultation procedure, Parliament ma:

    appro$e the #ommission proposal,

    reCect it, or ask for amendments%

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    'f Parliament asks for amendments, the #ommission will considerall the changes Parliament suggests% 'f it accepts an of thesesuggestions it will send the #ouncil an amended proposal%

    The decision ultimatel rests with the #ouncil, which eitheradopts the amended proposal or amends it further% 'n thisprocedure, as in all others, if the #ouncil amends a #ommissionproposal it must do so unanimousl%

    *" Assent

    The assent procedure means that the #ouncil has to o!tain theEuropean Parliaments assent !efore certain $er important

    decisions are taken% The procedure is the same as in the case ofconsultation, ecept that Parliament cannot amend a proposal: itmust either accept or reCect it% .cceptance (&assent) reDuires ana!solute maCorit of the $otes cast%

    The assent procedure is mostl used for agreements with othercountries, including the agreements allowing new countries toCoin the EU%

    The other EU institutions

    The European Court of 1ustice

    7ften referred to simpl as 4the #ourt5, the European #ourt of

    @ustice aims to ensure that EU legislation is interpreted andapplied in the same wa across the European Union%

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    The #ourt is composed of one Cudge per mem!er state, so thatall ; of the EUs national legal sstems are represented% /or thesake of efficienc, howe$er, the #ourt rarel sits as the full court%

    't usuall sits as a &6rand #ham!er of Cust A Cudges or incham!ers of fi$e or three Cudges%

    The European #ourt of @ustice gi$es ruling on cases !rought!efore it% The four most common tpes of case are:

    !" The Preliminar) rulin$:This means that if a national court is in an dou!t a!out theinterpretation or $alidit of an EU law it ma, and sometimes

    must, ask the #ourt of @ustice for ad$ice% This ad$ice is gi$en inthe form of a &preliminar ruling%

    &"Actions for failure to fulfil an o5li$ation

    The #ommission can start these proceedings if it has reason to!elie$e that a mem!er state is failing to fulfil its o!ligationsunder EU law% These proceedings ma also !e started ! anotherEU countr%

    'n either case, the #ourt in$estigates the allegations and gi$es itsCudgment% The accused mem!er state, if it is indeed found to !eat fault, must set things right at once% 'f the #ourt finds that themem!er state has not complied with its Cudgment, it ma imposea fine on that countr

    *"Actions for annulment

    'f an of the mem!er states, the #ouncil, the #ommission or(under certain conditions) Parliament !elie$es that a particularEU law is illegal, the ma ask the #ourt to annul it%

    Pri$ate indi$iduals who want the #ourt to cancel a particular law!ecause it directl and ad$ersel affects them as indi$iduals canalso use these &actions for annulment%

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    'f the #ourt finds that the law in Duestion was not correctladopted or is not correctl !ased on the Treaties, it ma declarethe law null and $oid%

    6"Actions for failure to act

    The Treat reDuires the European Parliament, the #ouncil and the#ommission to make certain decisions under certaincircumstances% 'f the fail to do so, the mem!er states, the otherEU institutions and (under certain conditions) indi$iduals orcompanies can lodge a complaint with the #ourt so as to ha$ethis failure to act officiall recorded%

    7"Actions for (ama$es

    .n person or compan who has suffered damage as a result ofthe action or inaction of the #ommunit or its staff ma !ring anaction seeking compensation !efore the #ourt of /irst 'nstance%

    The European Court of Au(itors

    The European #ourt of .uditors was esta!lished in *;; to checkthat all EUs re$enue is recei$ed, that all its ependiture isincurred in a lawful and regular manner and that the EU !udget ismanaged soundl%

    The European Om5u(sman

    The position of 7m!udsman was creates in ** to act as anintermediar !etween the citizens and the EU authorities and tounco$er poor or failed administration in the EU institutions and!odies%

    The 7m!udsman is totall independent and is entitled to recei$eand in$estigate complaints ! citizens and carr outin$estigations on his?her own initiati$e% 'f he disco$ers4maladmidistration5 he informs the institution concerned and

    makes recommendations% Ge ma also refer a matter to the

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    European Parliament who can take whate$er political action isnecessar%

    Consultati%e 'o(ies of the EU

    European Economic and 3ocial #ommittee

    /ounded in *+; under the Treat of Fome, the EuropeanEconomic and 3ocial #ommittee (EE3#) is a consultati$e !odthat gi$es representati$es of Europes interest groups, such asemploer organisations and trade unions, and other &organisedci$il societ !odies, such as consumer associations, a formalplatform to epress their points of $iews on EU issues%

    The European Economic and 3ocial #ommittee has three mainroles:

    to ad$ise the European Parliament, #ouncil of the EuropeanUnion and the European #ommission, either at their reDuest oron the #ommittees own initiati$e"

    to encourage ci$il societ to !ecome more in$ol$ed in EUpolicmaking"

    to enforce the role of ci$il societ in non-EU countries and tohelp set up ad$isor structures%

    't is composed of three groups:

    Emploers

    Trade Unions

    Jarious economic and social interest actors, such as

    farmers, consumers etc%

    Committee of the 0e$ions

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    3et up in ** under the Treat on European Union, the#ommittee of the Fegions (#oF) is an ad$isor !od composed ofrepresentati$es of Europes regional and local authorities% The#oF has to !e consulted !efore EU decisions are taken on matters

    such as regional polic, the en$ironment, culture, education andtransport B all of which concern local and regional go$ernment%The work of the #ommittee is di$ided into = sections on thefollowing topics:

    Territorial #ohesion

    Economic and 3ocial Polic

    3ustaina!le 9e$elopment

    #ulture and Education

    #onstitutional .ffairs and European 6o$ernance Eternal Felations