How EU Works.doc

8/14/2019 How EU Works.doc

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Introducing the European Union

The European Union (EU) is a family of democratic European countries working together to improve life for

their citizens and to build a better world.

Family suabbles and occasional crises are what make the news headlines! but away from the cameras the EU

is actually a remarkable success story. "n #ust over half a century it has delivered peace and prosperity inEurope! a single European currency (the euro) and a frontier$free %single market& where goods! people! services

and capital move around freely. "t has become a ma#or trading power! and a world leader in fields such as

environmental protection and development aid. 'o wonder it has grown from si to * members and more

countries want to #oin.

The European Union&s success owes a lot to the unusual way in which it works. Unusual because the countries

that make up the EU (its %member states&) remain independent sovereign nations but they pool their sovereignty

in order to gain a strength and world influence none of them could have on their own. This stops short of being

a federation like the United +tates! but is much more than an organisation for cooperation between

governments! like the United 'ations. The EU is! in fact! uniue.

,ooling sovereignty means! in practice! that the member states delegate some of their decision$making powersto shared institutions they have created! so that decisions on specific matters of #oint interest can be made

democratically at European level.

The three main decision$making institutions are-

the European ,arliament (E,)! which represents the EU&s citizens and is directly elected by them

the /ouncil of the European Union! which represents the individual member states

the European /ommission! which represents the interests of the Union as a whole.

0


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This %institutional triangle& produces the policies and laws that apply throughout the EU. "n principle! it is the

/ommission that proposes new laws! but it is the ,arliament and /ouncil that adopt them. The /ommission and

the member states then implement them! and the /ommission enforces them.

The /ourt of 1ustice is the final arbiter in disputes about European law.

The /ourt of 2uditors checks the financing of the Union&s activities.

2 number of other bodies also have key roles in making the EU work-

the European Economic and +ocial /ommitteerepresents economic and social players in organised civil

society such as employers and employees! trade unions and consumer organisations

the /ommittee of the 3egionsrepresents regional and local authorities

the European "nvestment 4ank finances investment in economic development pro#ects within and outside

the EU! and helps small businesses via the European "nvestment Fund

the European /entral 4ank is responsible for European monetary policy

the European 5mbudsmaninvestigates complaints about maladministration by EU institutions and bodies

the European 6ata ,rotection +upervisor safeguards the privacy of your personal data.

"n addition! specialised agencies handle certain technical! scientific or management tasks.

The powers and responsibilities of the EU institutions! and the rules and procedures they must follow! are laid

down in the Treaties on which the EU is founded. The Treaties are agreed by the presidents and prime ministers

of all the EU countries and then ratified by their parliaments.

The following chapters describe the Treaties! the EU institutions and the other bodies and agencies! eplaining

what each entity does and how they interact.


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The Treaties

The EU is founded on four Treaties-

The Treaty establishing the European /oal and +teel /ommunity (E/+/)! which was signed on 07

2pril 0890 in ,aris! came into force on : 1uly 089 and epired on : 1uly ;;.

The Treaty establishing the European Economic /ommunity (EE/)! which was signed on 9 /). ?ey intergovernmental conferences resulted

in-

The +ingle European 2ct (+E2)! which was signed in February 087= and came into force on 0 1uly

087*. "t amended the EE/ Treaty and paved the way for completing the single market

:


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The Treaty of 2msterdam! which was signed on 5ctober 088* and came into force on 0


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Three councils: which is which?

"t&s easy to get confused about which European body is which B especially when very different bodies have

very similar names! such as these three %councils&.

The European Council

This means the Ceads of +tate or >overnment of all the EU countries! plus the ,resident of the European/ommission. "t depends on the political system of each country whether their participant is the president andAor

the prime minister. The European /ouncil meets! in principle! four times a year to agree overall EU policy and

to review progress. "t is the highest level policymaking body in the European Union! which is why its meetings

are often called %summits&.

The Council o the European Union

Formerly known as the /ouncil of


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$ho works or the EU institutions?

The civil servants who work for the EU institutions come from all EU member countries. They cover a wide

range of activities and skills! from policymakers and managers to economists! engineers! lawyers! linguists!

secretaries and technical support staff. They must be able and willing to work in a multicultural andmultilingual environment! usually at uite a distance from their home country.

To become an EU civil servant you have to pass a tough competitive eamination. These eams are centrally

organised by the European ,ersonnel +election 5ffice (E,+5).

The European %arlia&ent: 'oice o the people

3ole- 6irectly elected legislative arm of the EU


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(u&)er o seats per countr

2ustria @ Datvia =

4elgium 07 Dithuania @

4ulgaria @ Duembourg 9

/yprus 0@


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@. E, inluences/ommissions annual legislati'e progra&&e. ,rogramme-

a) /ommiss adopts proposals of legislative nature in 'ovember

b) "ts considered by E, commitees! dialogue btw


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,arliament also monitors the work of the /ouncil-


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,arliament&s work is divided into two main stages.

%reparing or the plenar session.


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C4+%43ITI4( 46 E%

1. THE U#0 +#(#TE - ,ossibility of having a dual mandate (in E, and national

parliament) was abolished in ;;. 4ecause reduced time and energy to dedicate to issues but

strenghtened the links btw E, and national parliaments

!. C4(TI(UIT7 - Turnover of


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The Council o the European Union: 'oice o the &e&)er states

3ole- Degislative (in some fields eecutive) arm of the EU represents the member states.


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;. Co&&on oreign and securit polic

The EU countries are working to develop a common foreign and security policy (/F+,). 4ut foreign policy!

security and defence are matters over which the individual national governments retain independent control.

Cowever! the EU countries have recognised the advantages of working together on these issues! and the

/ouncil is the main forum in which this %intergovernmental cooperation& takes place.

This cooperation not only covers defence issues but crisis management tasks! such as humanitarian and rescue

operations! peacekeeping and peacemaking in trouble spots. The EU countries try to mobilise and coordinate

military and police forces! so that they can be used in coordination with diplomatic and economic action.

Through these mechanisms! the EU has helped to maintain peace! build democracy and spur economic progress

in places as far apart as "ndonesia! the 6emocratic 3epublic of the /ongo and the countries of south$eastern

Europe.


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Coreper

"n 4russels! each EU country has a permanent team (%representation&) that represents it and defends its national

interest at EU level. The head of each representation is! in effect! that country&s ambassador to the EU. These

ambassadors are known as %permanent representatives& and meet weekly within the ,ermanent 3epresentatives

/ommittee (/oreper). The role of this committee is to prepare the work of the /ouncil! with the eception of

most agricultural issues! which are handled by the +pecial /ommittee on 2griculture. /oreper is assisted by a

number of working groups! attended by officials from the representations or national administrations.

3ecurit and deence

The /ouncil is assisted by a separate structure in matters of security and defence-

the ,olitical and +ecurity /ommittee (,+/)! which is to this cooperation what /oreper is to other types of

decision

the European Union reece! Cungary and ,ortugal 0

2ustria! 4ulgaria! +weden 0;

6enmark! Finland! "reland! Dithuania and +lovakia */yprus! Estonia! Datvia! Duembourg and +lovenia @

ualiied &a=orit 'oting

"n some particularly sensitive areas such as common foreign and security policy! taation! asylum and

immigration policy! /ouncil decisions have to be unanimous. "n other words! each member state has the power

of veto in these areas. 5n most issues! however! the /ouncil takes decisions by %ualified ma#ority voting&.

2 ualified ma#ority is reached-

if a ma#ority of member states (in some cases a two$thirds ma#ority) approve and

if a minimum of 99 votes is cast in favour B which is *:.8 M of the total.

"n addition! a member state may ask for confirmation that the votes in favour represent at least = M of the total

population of the Union. "f this is found not to be the case! the decision will not be adopted.

0=


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The European Co&&ission: pro&oting the co&&on interest3ole- Eecutive arm of the EU and initiator of legislative proposals


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The /ommission remains politically accountable to ,arliament! which has the power to dismiss the whole

/ommission by adopting a motion of censure. "ndividual members of the /ommission must resign if asked to

do so by the ,resident and the other commissioners approve. The /ommission is represented at all sessions of

,arliament! where it must clarify and #ustify its policies. "t also replies regularly to written and oral uestions

posed by


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$ is the main responsible for press relationsAcommunication

$6elors! +anter! ,rodi! 4arroso ( mandate ;;@S;0;)

There are two decision making procedures of DELEGATION

can be of different types-

C24"D"T2T"5'- the /ollege delegates one or more /ommissioners to decide on the matter or agree with the

/o< on modifications on a proposal or to present to E, amendments it satisfies the need to have a uick

decision there are : types- Hgeneral! Had hoc Hde finalization

6EDE>2T"5'- of the decision$making power from the /ollege to the 6> for a less important act linked to a

financial procedure

POWER RESOURCES of the Commission:

"ts power of initiative- eclusive and non eclusive "ts neutrality

"ts present in virtually all decision$making forums and all decision$making stages

"ts access to info about EU policies and needs

+maller states often look to the /ommission for leadership and protection

RESPONSABILIIES:

,35,5+E3 2'6 6EKED5,E3 5F ,5D"/"E+ 2'6 DE>"+D2T"5'-

the /ommission shall promote the general interest of the EU and take appropriate initiatives to that end. Jherelegislation is envisaged the power to propose is eclusive. Jhere proposal do not involve legislation! the

/ommission&s proposing and initiating powers are shared with the


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c o or di na t in g a nd m a na g in g f i na nc e s t h at a r e n ot d r aw n e cl us i ve l y f ro m E U s o ur c es

(envi ronmental p rogrammes! sc ien t i f icV research program)

$ +uperv is ion of fron t l ine po l icy implementat ion - delegated to appropr iate agencies wi th in

the


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1. %roposing new legislation

The /ommission has the %right of initiative&. "n other words! the /ommission alone is responsible for drawing

up proposals for new EU legislation! which it presents to ,arliament and the /ouncil. These proposals must aim

to defend the interests of the Union and its citizens! not those of specific countries or industries.

4efore making any proposals! the /ommission must be aware of new situations and problems developing inEurope! and it must consider whether EU legislation is the best way to deal with them. That is why the

/ommission is in constant touch with a wide range of interest groups and with two advisory bodies B the

European Economic and +ocial /ommittee and the /ommittee of the 3egions. "t also takes the opinions of

national parliaments and governments into account.

The /ommission will propose action at EU level only if it considers that a problem cannot be solved more

efficiently by national! regional or local action. This approach of dealing with issues at the lowest possible level

is called the %subsidiarity principle&.

"f the /ommission concludes that EU legislation is needed! then it drafts a proposal that it believes will deal

with the problem effectively and satisfy the widest possible range of interests. To get the technical details right

the /ommission consults eperts! via various advisory committees and consultative groups. Freuently! it

publishes %>reen& and %Jhite& papers! holds hearings! seeks the views of civil society and commissions

specialist epert reports! and often consults the public directly before it makes a proposal in order to ensure that

it has as complete a picture as possible.

!. I&ple&enting EU policies and the )udget

2s the European Union&s eecutive body! the /ommission is responsible for managing and implementing the

EU budget.


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". Enorcing European law

The /ommission acts as %guardian of the Treaties&. This means that the /ommission! together with the /ourt of

1ustice! is responsible for making sure EU law is properly applied in all the member states.

"f it finds that an EU country is not applying an EU law! it launches a process called the %infringement

procedure&. The first step is to send the government an official letter! saying why the /ommission considersthis country is infringing EU law and setting it a deadline for sending a detailed eplanation.

"f the member state does not have a satisfactory eplanation or put matters right! the /ommission will send

another letter confirming that EU law has been infringed and setting a deadline for it to be corrected. "f the

member state still fails to comply! the /ommission will refer the matter to the /ourt of 1ustice to decide. The

/ourt&s #udgements are binding on the member states and the EU institutions. "n cases where member states

continue failing to adhere to a #udgment! the /ourt can impose financial sanctions.

8. /epresenting the EU on the international stage

The European /ommission is an important spokesperson for the European Union on the international stage. "t

is the voice of the EU in international forums such as the Jorld Trade 5rganisation! in negotiations on the

international climate change agreement! the ?yoto ,rotocol! and the EU&s important aid and trade partnership

with developing countries in 2frica! the /aribbean and the ,acific! known as the /otonou 2greement.

The /ommission also speaks and negotiates on behalf of the EU in areas where the member states have pooled

sovereignty. This is done on the basis of agreements reached in advance with the states.

How is the Co&&issions work organised?

"t is up to the /ommission ,resident to decide which commissioner will be responsible for which policy area!

and to reshuffle these responsibilities (if necessary) during the /ommission&s term of office. The /ommission

generally meets once a week! usually on Jednesdays! and usually in 4russels. The commissioner responsiblefor that policy area presents each item on the agenda! and the whole team then takes a collective decision on it.

The /ommission&s staff is organised in departments! known as %directorates$general& (6>s) and %services&

(such as the Degal +ervice). Each 6> is responsible for a particular policy area and is headed by a director$

general who is answerable to one of the commissioners. 5verall coordination is provided by the +ecretariat$

>eneral! which also manages the weekly /ommission meetings. The +ecretary$>eneral! who is answerable

directly to the ,resident! heads it. "t is the 6>s that actually devise and draft legislative proposals! but these

proposals become official only when %adopted& by the /ommission at its weekly meeting. The procedure is

roughly as follows.

+uppose! for eample! that the /ommission sees a need for EU legislation to prevent pollution of Europe&s

rivers. The 6irectorate$>eneral for the Environment will draw up a proposal! based on etensive consultations

with European industry! farming and environmental organisations! and environment ministries in the EU

countries. The draft will also be discussed with other /ommission departments with an interest in this topic!

and checked by the Degal +ervice and the +ecretariat$>eneral. 5nce the proposal is fully ready! it will be put on

the agenda of a /ommission meeting. "f at least 0@ of the * commissioners approve the proposal! the

/ommission will adopt it and it will have the whole team&s unconditional support. The document will then be

sent to the /ouncil and the European ,arliament for them to decide on the proposal. The /ommission may

subseuently make amendments in the light of the comments from these two institutions and then send the

proposal back for final approval.

THE C#5I(ET3

the ma#or political instrument within the /ommission composed by civil servants and political people appointed by the /ommissioners

a cabinet should include-

$ at least one epert on budget


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$ at least one epert on procedure

$ one eperienced person on the main sector (head of cabinet!

preferable be a different nationality to the /ommissioner)

$ persons who have an epertise in the field on which the

/ommissioner is responsible

The role of the cabinet- to allow commissioners to fully participate to all decisions (gathering info within and outside the

commissioner allocated policy area)

a link between the political administrative functions of the commission (liaison with other parts of the

/ommissionAcabinets)

The I/ECT4/#TE-2E(E/#0 A2sB

all draft policy or legislative proposals starts in the 6>s

the 6> has to follow the annual policy ob#ectives and the political orientations of the /ommissioner

the size of the 6> varies depending on the sector (a lot for the 2gricultural sect.)

composed by the director general! or more vc director general! directorates! units and heads of Units

to ensure respect for the principle of collegiality 6>s must carry out an inter$service consultation

C4+IT40427

committees composed of governmental representatives

From the &7; they became an increasingly problem for the EU for the compleity of their structure

(only in ;;7 I *; comitology committees) and for the freuent disputes between the /ouncil and the

/ommissionSE,

The Disbon Treaty made a distinction between two types of administrative legislation issued by the

/ommission- delegated acts and implementing acts. The first ones- general application to supplement

or amend certain non$essential elements of legislative acts. +econd ones- used where uniform

conditions for implementing legally binding acts are needed.

Up to ;;= there were @ main comitology procedures-

o 26K"+53O procedure- committees could only advise the /ommission on implementing

decisions

o

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How EU Works.doc