stit ii eu institutions cursurile 3 si 4 17 noiembrie 2013

8/12/2019 Stit II Eu Institutions Cursurile 3 Si 4 17 Noiembrie 2013

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EU INSTITUTIONS – 2ND YEAR TRANSLATION STUDIES AUTUMN TERM, 2013-2014ROXANA-CRISTINA PETCU, PhD

Lecture III TE TREATY O! LIS"ON

Europe is not the same place it was 50 years ago, and nor is the rest of the world. In a constantly changing, evemore interconnected world, Europe is grappling with new issues: globalisation, demographic shifts, climachange, the need for sustainable energy sources and new security threats. These are the challenges facing Europ

in the 2st century.!orders count for very little in the light of these challenges. The E" countries cannot meet them alone. !ut actinas one, Europe can deliver results and respond to the concerns of the public. #or this, Europe needs to modernisThe E" has recently e$panded from 5 to 2% members& it needs effective, coherent tools so it can function properand respond to the rapid changes in the world. That means rethin'ing some of the ground rules for wor'intogether.The treaty signed in (isbon on ) *ecember 200% sets out to do +ust that. hen European leaders reacheagreement on the new rules, they were thin'ing of the political, economic and social changes going on, and thneed to live up to the hopes and e$pectations of the European public. The Treaty of (isbon defines what the Ecan and cannot do, and what means it can use. It alters the structure of the E"-s 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,

which the /ommission and arliament were also involved. The treaty was ratified by each of the E"-s 2% memberIt was up to each country to choose the procedure for ratification, in line with its own national constitution. ThTreaty entered into force on *ecember 2001, in accordance with its rticle , thus ending several years negotiation about institutional issues. The Treaty of (isbon amends the current E" and E/ treaties, withoreplacing them. It provides the "nion with the legal framewor' and tools necessary to meet future challenges anto respond to citi3ens4 demands.

A NE# EUROPE

• A $%re &e$%cr't(c ')& tr')*+'re)t Eur%+e, with a strengthened role for the European arliameand national parliaments, more opportunities for citi3ens to have their voices heard and a clearer senof who does what at European and national level.

strengthened role for the European arliament: the European arliament, directly elected by E" citi3ens,

provided with important new powers regarding E" legislation, the E" budget and international agreements. Iparticular, the increase of codecision procedure in policyma'ing ensures that the European arliament is placeon an e6ual footing with the /ouncil, representing 7ember 8tates, for the vast bul' of E" legislation. greater involvement of national parliaments: national parliaments have greater opportunities to be involved the wor' of the E", in particular than's to a new mechanism to monitor that the "nion only acts where results ca

be better attained at E" level 9subsidiarity. Together with the strengthened role for the European arliament, will enhance democracy and increase legitimacy in the functioning of the "nion. stronger voice for citi3ens: than's to the /iti3ens4 Initiative, one million citi3ens from a number of 7embe8tates have the possibility to call on the /ommission to bring forward new policy proposals.ho does what: the relationship between the 7ember 8tates and the European "nion become clearer with thcategorisation of competences. ithdrawal from the "nion: the Treaty of (isbon e$plicitly recognises for the first time the possibility for

7ember 8tate to withdraw from the "nion.

• The Tre't % L(*.%) c%)(r$* three +r()c(+/e* % &e$%cr't(c %er)')ce () Eur%+e:De$%cr't(c eu'/(t the European institutions must give e6ual attention to all citi3ensRe+re*e)t't(e &e$%cr'c a greater role for the European arliament and greater involvement for nationparliamentsP'rt(c(+'t%r &e$%cr'c new forms of interaction between citi3ens and the European institutions, li'e thciti3ens4 initiative. There are already many ways in which European citi3ens can find out about and ta'e part in thpolitical process of the E". The newest of these is the c(t(e)*5 ()(t('t(e, whereby one million citi3ens, from annumber of member countries, will be able to as' the /ommission to present a proposal in any of the E"4s areas responsibility. The practical details of this initiative will be wor'ed out once the Treaty of (isbon ta'es effect. Th



treaty also recognises the importance of consultation and dialogue with associations, civil society, wor'ers anemployers, churches and other nondenominational organisations.

• The tre't '/*% c/'r((e* the re/'t(%)* .et6ee) the Eur%+e') U)(%) ')& (t* $e$.ec%u)tr(e*7

L'6$'8() the 4codecision procedure4 9renamed 4ordinary legislative procedure4 has been e$tended to severnew fields. This means that arliament now has the same degree of lawma'ing power as the /ouncil in some area

where it used to be merely consulted or not involved at all. These areas include legal immigration, penal +udici

cooperation 9Euro+ust, crime prevention, alignment of prison standards, offences and penalties, policooperation 9Europol and some aspects of trade policy and agriculture. The arliament now has a role to play ialmost all lawma'ing."u&et the new treaty confirms the established practice of wor'ing with a multiannual financial framewor

which arliament must approve. It also abolishes the former distinction between 4compulsory4 e$penditure 9li'direct income support to farmers and 4noncompulsory4 e$penditure, with the result that arliament and th/ouncil determine all e$penditure together. This innovation creates a new balance between the two institution

when approving the E"4s budget.I)ter)'t(%)'/ 'ree$e)t* under the Treaty of (isbon, the European arliament4s assent is re6uired for ainternational agreements in fields governed by the ordinary legislative procedure.

• A re'ter r%/e %r )'t(%)'/ +'r/('$e)t*

The treaty gives the national parliaments greater scope to participate alongside the European institutions in th wor' of the "nion. new clause clearly sets out the rights and duties of the national parliaments within the E". deals with their right to information, the way they monitor subsidiarity, mechanisms for evaluating policy in thfield of freedom, security and +ustice, procedures for reforming the treaties, and so on.

• The greatest novelty lies in new power to e)%rce *u.*(&('r(t . 8ubsidiarity means that ; e$cept in thareas where it has e$clusive powers ; the E" acts only where action will be more effective at E"level thaat national level. ny national parliament may flag a proposal for E" action which it believes does nrespect this principle. This triggers a twostage procedure:

if one third of national parliaments consider that the proposal is not in line with subsidiarity, the /ommissio will have to ree$amine it and decide whether to maintain, ad+ust or withdraw it

if a ma+ority of national parliaments agrees with the ob+ection but the /ommission decides to maintain iproposal anyway, the /ommission will have to e$plain its reasons, and it will be up to the European arliameand the /ouncil to decide whether or not to continue the legislative procedure.

• Tr')*+'re)c () the C%u)c(/ % M()(*ter*<ational parliaments and citi3ens are now able to see which decisions have been ta'en by which nationministers in the /ouncil, since all its deliberations on legislative matters are made public.

• Re/'t(%)* .et6ee) the EU ')& (t* $e$.er c%u)tr(e*In answer to a 6uestion fre6uently as'ed by citi3ens: =ho does what in the E">= the treaty stipulates who is tact in which domain the "nion or the member states. Three c'te%r(e* % +%6er* are thus identified:E9c/u*(e +%6er*: in fields li'e the customs union, the common trade policy and competition, only the "nio

may legislateSu++%rt(), c%%r&()'t() %r c%$+/e$e)t'r 'ct(%): in areas li'e culture, education and industry, th"nion may only support action by the member states 9by providing funding, for e$ample*h're& +%6er* in other fields, li'e the environment, transport and consumer protection, the "nion and thmember states share lawma'ing power, not forgetting subsidiarity.

fter +oining the European "nion, countries remain members by choice. The Treaty of (isbon includes a volunta withdrawal clause, recognising that the member states may always withdraw from the "nion if they wish to.

• A $%re e(c(e)t Eur%+e, with simplified wor'ing methods and voting rules, streamlined and moderinstitutions for a E" of 2% members and an improved ability to act in areas of ma+or priority for today"nion.



Effective and efficient decisionma'ing: 6ualified ma+ority voting in the /ouncil is e$tended to new policy areato ma'e decisionma'ing faster and more efficient. #rom 20? on, the calculation of 6ualified ma+ority will b

based on the double ma+ority of 7ember 8tates and people, thus representing the dual legitimacy of the "nion. double ma+ority will be achieved when a decision is ta'en by 55@ of the 7ember 8tates representing at least 5of the "nion-s population. more stable and streamlined institutional framewor': the Treaty of (isbon creates the function of resident othe European /ouncil elected for two and a half years, introduces a direct lin' between the election of th/ommission resident and the results of the European elections, provides for new arrangements for the futucomposition of the European arliament, and includes clearer rules on enhanced cooperation and financi

provisions.• Improving the life of Europeans: the Treaty of (isbon improves the E"4s ability to act in several poliareas of ma+or priority for today4s "nion and its citi3ens. This is the case in particular for the policy areaof freedom, security and +ustice, such as combating terrorism or tac'ling crime. It also concerns to some$tent other areas including energy policy, public health, civil protection, climate change, services general interest, research, space, territorial cohesion, commercial policy, humanitarian aid, sport, tourisand administrative cooperation.

• Ch'rter % !u)&'$e)t'/ R(ht* The /harter becomes legally binding meaning all laws must adheto it. The "A and oland have certain opt outs on this point.

• #(th&r'6'/ #or the first time countries have the right to withdraw from the European "nion

• The Treaty of (isbon does not fundamentally change the EU:* ()*t(tut(%)'/ *et-u+, which is still baseon its three main bodies: European arliament, /ouncil and European /ommission.

Bowever, it introduces a number of new elements to ma'e these bodies more effective, consistent antransparent, all in the cause of better serving the people of Europe.In total, there are now seven E" institutionthe European arliament, European /ouncil, /ouncil, European /ommission, European /ourt of CusticEuropean /entral !an' and European /ourt of uditors. 8o what has the treaty changed>

Eur%+e') P'r/('$e)tThis body represents voters in the E"-s member countries. The treaty has boosted its powers as regard

lawma'ing, the E" budget and approval of international agreements. The composition of the parliament has als been changed the number of 7Es is capped at %5 9%50 plus the president of the parliament. 8eats adistributed among countries according to Ddegressive proportionality, i.e. 7Es from more populous countri

will each represent more people than those from smaller countries. <o country may now have less than or morthan 1 7Es.

Eur%+e') C%u)c(/The European /ouncil, which has the role of driving E" policyma'ing, now becomes a full E" institutio

lthough it does not gain any new powers, it is headed by a newly created position of president. Elected by thEuropean /ouncil for 2F years, the main +ob of the president is to prepare the /ouncil-s wor', ensure icontinuity and wor' to secure consensus among member countries. The president cannot simultaneously hold anelected position or office nationally.

The C%u)c(/ % the Eur%+e') U)(%)The /ouncil represents the E"-s member governments. Its role is largely unchanged. It continues to sharlawma'ing and budget power with the European arliament and maintain its central role in common foreign ansecurity policy 9/#8 and coordinating economic policies.The main change brought by the Treaty of (isbon concerns the decision ma'ing process. #irstly, the default votinmethod for the /ouncil is now 6ualified ma+ority voting, e$cept where the treaties re6uire a different procedu9e.g. a unanimous vote. In practice, this means that 6ualified ma+ority voting has been e$tended to many nepolicy areas 9e.g. immigration and culture.

In 20?, a new voting method will be introduced double ma+ority voting. To be passed by the /ouncil, proposeE" laws will then re6uire a ma+ority not only of the E"-s member countries 955 @ but also of the E" populatio95 @. This will reflect the legitimacy of the E" as a union of both peoples and nations. It will ma'e E



lawma'ing both more transparent and more effective. nd it will be accompanied by a new mechanism 9similar the DIoannina compromise enabling a small number of member governments 9close to a bloc'ing minority tdemonstrate their opposition to a decision. here this mechanism is used, the /ouncil will be re6uired to deverything in its power to reach a satisfactory solution between the two parties, within a reasonable time period.

Eur%+e') C%$$(**(%)Its main +ob is promoting the European public interest. The Treaty offers the perspective that a /ommissionefrom each 7ember 8tate becomes 7ember of the /ommission, while under the former Treaties that numb

would have to be reduced to a number inferior to that of 7ember 8tates.

In another ma+or change, there is a direct lin' between the results of the European elections and the choice candidate for president of the /ommission.The president is also stronger, as heGshe has the power to dismiss fellow /ommissioners.

EU h(h re+re*e)t't(e %r %re() ')& *ecur(t +%/(c ; C%$$(**(%) (ce-+re*(&e)tThe creation of this post is one of the ma+or institutional innovations introduced by the Treaty of (isbon. It shouensure consistency in the E"-s dealings with foreign countries and international bodies.The high representative has a dual role: representing the /ouncil on common foreign and security policy matteand also being /ommissioner for e$ternal relations. /onducting both common foreign policy and common defenpolicy, heGshe chairs the periodic meetings of member countries- foreign ministers 9the Dforeign affairs /ouncil

nd heGshe represents the E"-s common foreign and security policy internationally, assisted by a new Eur%+e'e9ter)'/ 'ct(%) *er(ce, composed of officials from the /ouncil, /ommission and national diplomatic services

The %ther ()*t(tut(%)*<o significant changes have been made to the role or powers of the European /entral !an' or the /ourt

uditors. Bowever, the treaty broadens the scope of the European /ourt of Custice, especially as regards poliand +udicial cooperation in criminal matters, and changes some of its procedures.<ational parliaments

PROCEDURE !OR TE COMMISIONERS DESI<NATE EARIN< "Y TE PE

The term of office of the European /ommission, the European "nion-s e$ecutive body, lasts five years. s the laH/ollege of /ommissioners- was appointed in <ovember 200? it now has to be replaced. This re6uires the approvof the European arliament.

7embership of the ne$t /ommission"nder the new (isbon Treaty the /ommission is composed of one national each 7ember 8tate. 8o the new /ommission will have 2% 7embers: a resident and 2 /ommissioners in charof a particular portfolio. several of these 2 /ommissioners are iceresidents assisting the resident. innovation in the (isbon Treaty: one of these iceresidents is also the European "nion-s Bigh Jepresentativfor #oreign ffairs and 8ecurity olicy.T6%-*t'e '++r%'/ . P'r/('$e)t"nder rticle % of the Treaty on European "nion the European arliament-s approval has two stages: in the firsarliament elects the candidate proposed by the European /ouncil for resident of the /ommission. Threselection of 7r CosK 7anuel !arroso for a second term was approved by arliament on 8eptember 2001. 87r !arroso will be resident of the ne$t /ommission.In a second stage, arliament approves the whole /ommission as a body. To prepare for its vote it considers detail the candidates whom the /ouncil has proposed as /ommissioners by common accord with residen

!arroso, and in the light of the portfolios that he intends to give them.E'/u't(%) cr(ter('arliament evaluates the /ommissionersdesignate on the basis of their general competence, Europeacommitment and personal independence. It also assesses their 'nowledge of the prospective portfolio and thecommunication s'ills. arliament ta'es particular account of the need for gender balance. It may e$press views othe allocation of portfolios proposed by the residentelect.8tep by steparliament-s approval procedure is laid down in nne$ LII to its Jules of rocedure and consists of the followinsteps:arliament receives the /ommissionerdesignates- curr(cu/u$ (t'e and their declarations of financiinterests.



arliament puts to the /ommissionersdesignate a series of 6r(tte) ue*t(%)* dealing mainly with thcandidates- policy priorities in their respective fields of responsibility. The candidates- written replies provide th

basis for the oral stage ; the hearings.Each /ommissionerdesignate is invited to a threehour +u./(c he'r() with the parliamentary committee9responsible for the portfolio concerned. These hearings enable the committees to get to 'now the personalities the /ommissionersdesignate and have a detailed e$change of views with the various candidates on their prioritiein their prospective areas of responsibility.The committees then e'/u'te each of the /ommissionersdesignate. They chec' that the /ommissionerdesignate have the s'ills re6uired not only to be 7embers of the /ommission in general, but also to be in charge

a particular portfolio.The results of the hearings are sent to the resident of arliament and considered by the C%)ere)ce %Pre*(&e)t*, comprising the resident and all political group leaders, and by the /onference of /ommittee /hairThe /ommission resident presents the /ollege of /ommissionersdesignate and their programme to a +/e)'r*(tt() of arliament which the /ouncil of the E" is invited to attend. This presentation is followed by a debate.(astly, arliament %te* %) '++r%'/ of the whole European /ommission as a body. The new /ommission cathen be formally appointed by the European /ouncil, acting by a 6ualified ma+ority.

Eur%+e') P'r/('$e)t *et %r he'r()* % C%$$(**(%)er &e*()'te*

"'rr%*%5* Dre'$ Te'$ fter the unveiling of the new European /ommission line up on 2% <ovember, each =commissioner designatfaces a M and session with 7Es. The committee covering the area of competence of each commissioner whold a hearing from to 1 Canuary, following the receipt of written answers from each of them. finparliamentary vote is e$pected on 2 Canuary. The /ommission cannot ta'e office before the E has approveit.The new /ommission will be headed for a second time by CosK 7anuel !arroso. It includes nine women ansome new portfolios such as /limate ction, Bome ffairs, Custice, #undamental Jights and /iti3enship.8pea'inafter the names had been made public E resident Cer3y !u3e' said =I am happy that resident !arroso haacted swiftly in allocating the portfolios to the /ommissionersdesignate=. arliament has created a special interactive website for the hearings of the commissioners designate in all Elanguages telling all you need to 'now. It4s also the place to follow the hearings live. (et4s have a 6uic' loo' at who will be running the E"4s e$ecutive for the ne$t five years.

C'ther()e A*ht%) =U>? (h re+re*e)t't(e ')& @(ce-Pre*(&e)t

!orn in 15, (ady shton studied sociology at university before starting a career in domestic !ritish politi where she eventually became the leader of the !ritish (abour party in the Bouse of (ords. ppointed Europea/ommissioner for Trade in 200N, she is the first Bigh Jepresentative of the "nion for #oreign ffairs and 8ecuriolicy and will also be a iceresident of the European /ommission.

@((')e Re&() =Lu9e$.%ur? u*t(ce, !u)&'$e)t'/ R(ht* ')& C(t(e)*h(+ ')& @(ce-Pre*(&e)t

!orn in 15 and a Buman 8ciences graduate she has been a European /ommissioner since 111, first fEducation and /ulture and then for Information 8ociety and 7edia from 200?. 7s Jeding was an 7E from 1Nto 111 for the centre right E group.

The /ollege proposed by !arroso /ommissioner for each member state% icepresidents1 women out of 2% commissioners designateN former 7Es) people were already commissioners in the previous /ommission 9plus one in 111200?olitically it is dominated by figures from Europe4s centre right%'u() A/$u)(' =S+'()? C%$+et(t(%) ')& @(ce-Pre*(&e)t

!orn in 1?N, he studied law and economics. Be has been /ommissioner for Economic and 7onetary ffairs sinc200? and is a former 8panish minister for ublic administration and Employment and 8ocial 8ecurity. Be wa



also leader of the 8panish 8ocialist or'ers arty 98OE from 11% to 2000. They are allied to the 8ocialists an*emocrats 98P* in the European arliament. S(($ >'//'* =E*t%)('? Tr')*+%rt ')& @(ce-Pre*(&e)t

The finance graduate was born in 1?N. Be was rime 7inister of Estonia from 2002200) and also held the posof #inance and #oreign 7inister. Be has been a ice resident of the /ommission since 200? and was /hairmaof the Jeform arty from 11? 200?, which was allied with the (iberal (*E group in arliament

Nee/(e >r%e* =Nether/')&*? D((t'/ Ae)&' ')& @(ce-Pre*(&e)t!orn in 1?, <eelie Aroes studied economics and was a *utch 7 from 1%1%% before becoming 7inister Transport, ublic or's and Telecommunication. In 200? she became /ompetition /ommissioner. 8he is7ember of the eople4s arty for #reedom and *emocracy which sits with the (*E group in the arliament.

A)t%)(% T'B')( =It'/? I)&u*tr ')& E)tre+re)eur*h(+ ')& @(ce-Pre*(&e)t

!orn in 15), the (aw graduate has been iceresident of the European /ommission responsible for transpopolicy since 200N prior to which he was an 7E with #or3a Italia which was part of the E group in the E.

M'r% e%( =S/%'8('? @(ce-Pre*(&e)t % the C%$$(**(%) %r I)ter-I)*t(tut(%)'/ Re/'t(%)* ') A&$()(*tr't(%) !orn in 1, 7r QevRoviR studied economics, international relations and law. !efore becoming the /ommissionfor Education, Training, /ulture and South in October 2001 he was a career diplomat. Be has no party affiliation LF*/G A)&%r =u)'r? E$+/%$e)t, S%c('/ A'(r* ')& I)c/u*(%) !orn in 1, 7r ndor studied economics. Be has been a 7ember of the board of directors of the European !anfor Jeconstruction and *evelopment since 2005. Be has no party political affiliation though he has e$ercisedrange of functions on behalf of the Bungarian 8ocialist arty. M(che/ "'r)(er =!r')ce? I)ter)'/ M'r8et ')& Ser(ce*

!orn in 15, he studied business and has been an 7E since Culy 2001 with the ="nion pour un mouvemenpopulaire=, part of the E group. Be has been 7inister for griculture and #isheries, #oreign ffairEnvironment, and European ffairs. Be was the European /ommissioner for Jegional olicy and Jeform European Institutions 111200? and is a iceresident of the European eople-s arty. D'c(') C(%/%H =R%$')('? Ar(cu/ture ')& Rur'/ Dee/%+$e)t !orn in 11, 7r /iolo studied engineering and economics and was 7inister for griculture and Jur*evelopment in 200%200N. Be has no party affiliation. %h) D'//( =M'/t'? e'/th ')& C%)*u$er P%/(c –re*()e& () Oct%.er 2012 u)&er *u*+(c(%)* %()%r$'t(%) /e'8 ')& c%ru+t(%)

!orn in 1?N, he studied to become a /hartered ccountant. (ater he was variously 8ocial olicy 7inister, #oreig ffairs 7inister, #inance and Economic 8ervices 7inister. Be is a member of the <ationalist arty which is allieto the E.

Be resigned following some allegations of involvement in illegal release of information to some tabacmanufacturers. Bis place was ta'en by Tonio !org, member of tha <ationalist arty, former /abinet minister his home country. M'r(' D'$')'8( =<reece? M'r(t($e A'(r* ')& !(*her(e*



!orn in 152, she studied chemical engineering. 7s *amana'i is currently a member of the Uree' arliament fthe anhellenic 8ocialist 7ovement 98P*. >'re/ De <ucht ="e/(u$? Tr'&e !orn in 15?, he studied law and was an 7E from 1N011?. (ater he was !elgian #oreign 7inister 200?200

before ta'ing the post of European /ommissioner for Bumanitarian id. Be was the <ational resident of (9#lemish (iberals and *emocrats from 111200?.

te') !/e =Cech Re+u./(c? E)/'re$e)t ')& Eur%+e') Ne(h.%urh%%& P%/(c 9in cooperatio with the Bigh representative

!orn in 12, he studied international relations and has been 7inister for European ffairs since 2001. Be has nparty affiliation. MF(re <e%he') Ju()) =E(re? Re*e'rch ')& I))%'t(%) !orn in 150, the former teacher has been 7inister of Education 1N2, European ffairs 1N%11, TourismTransport and /ommunications 11211) and Custice 11)11?. 8he has been a 7ember of the European /ouof uditors since 111 and is a member of the #ianna #Vil party who are in the (iberal (*E group in thEuropean arliament.

%h'))e* 'h) =Au*tr('?- Re(%)'/ P%/(c !orn in 15% 7r Bahn studied hilosophy and was later #ederal 7inister for 8cience and Jesearch. Be is 7ember of the ustrian eople-s arty W 9E. C%))(e e&e''r& =D')(*h? C/($'te Act(%) !orn in 10, she studied literature and history before becoming the Environment 7inister 200?200% and theEnergy 7inister. 8he is a member of the /onservative eople4s arty 9E. Ru$(')' e/e' ="u/'r('? I)ter)'t(%)'/ C%%+er't(%), u$')(t'r(') A(& ')& Cr(*(* Re*+%)*e 9cooperation with the Bigh Jepresentative

!orn in 11, she graduated in 8ociology and has been an E 7E from 200% to 2001. 8he has been #oreig7inister since 2001. 7s Celeva is a 7ember of the UEJ! /iti3ens for European *evelopment of !ulgaria 9E ')u* Le6')&%6*8( =P%/')&? "u&et ')& !()')c('/ Pr%r'$$() !orn in 15, he studied economics and has been an 7E for the /ivic platform party 9allied to the E sin200?. Cec(/(' M'/$*trK$ =S6e&e)? %$e A'(r* !orn in 1N, 7s 7almstrXm graduated in olitical 8cience and was an 7E for the (iberal (*E Uroup in th

European arliament from 111 to 200. t present she is the 7inister for European ffairs.

<)ther Oett()er =<er$')? E)er UYnther Oettinger was born in 15) and studied economics and law. Be has been 7inisterresident of thUerman federal region of !adenYrttemberg since 2005 and a 7ember of the /hristian*emocratic "nion/*" who are allied to the E

A)&r(* P(e.'/* =L't('? Dee/%+$e)t 9in cooperation with the Bigh representative

http://en.wikipedia.org/wiki/Panhellenic_Socialist_Movement

http://en.wikipedia.org/wiki/Panhellenic_Socialist_Movement



!orn in 15%, 7r iebalgs studied physics and later went into politics.,7inster of Education from 11011) anfor #inance from 11?11. Be became the European /ommissioner for Energy in 200? and is a former 7embeof the (atvian ay 9(*E, now a member of the E ')e P%t%)(8 =S/%e)('? E)(r%)$e)t !orn in 15N, he graduated in Economics and later became 7inister for European ffairs from 2002200?. B

was appointed European /ommissioner for 8cience and Jesearch in 200?. Be has no party affiliation.

O//( Reh) =!())(*h? Ec%)%$(c ')& M%)et'r A'(r* #ormer Enlargement /ommissioner, Olli Jehn was born in 12 and later studied International Jelations. Be waan 7E in 11511 for the (iberal Uroup and is a 7ember of the /entre arty of #inland 9(*E.

A/(r&'* e$et' =L(thu')('? T'9't(%) ')& Cu*t%$* U)(%), Au&(t ')& A)t(-!r'u& !orn in 12, he studied economics and mathematics. Be was appointed European /ommissioner responsible f#inancial rogramming and !udget in Culy this year. rior to that he was 7inister of #inance. 7r Qemeta is7ember of the Bomeland "nion /hristian *emocrats 9E.

A)&r%u//' @'**(/(%u =C+r(%t? E&uc't(%), Cu/ture, Mu/t(/()u'/(*$ ')& Y%uth !orn in 1?), she studied (aw and International ffairs. ppointed European /ommissioner for Bealth in 200she was iceresident of the European (iberal *emocrat and Jeform arty from 200 to 200 9(*E



EU INSTITUTIONS – 2ND YEAR TRANSLATION STUDIES AUTUMN TERM, 2013-2014ROXANA-CRISTINA PETCU, PhD

Lecture I@ TE INSTITUTIONS

#or the moment, the E" is a curious mi$ture of two things.. #irstly, it remains a system to facilitate cooperation between 78, each of which has control over its ow

foreign policy, criminal law and, with certain limited but important e$ceptions, ta$ation.2. secondly, in some areas, it has evolved true supranational institutions which have powers 6ui

independently of the 78, including, in some cases, the right to instruct and discipline those 78.

/ommon policies, which are the essence of the multinational integration process, are the fruit of intensivnegotiations among the 78 which participate in the process. In order to be acceptable to all 78, the conception

a common policy must try to satisfy or, at least, not harm the national interests of the 78 and, therefore, thgovernments of all 78 must participate in the decision ;ma'ing process. Bowever, their participation may bdirect or indirect. *ecisions on fundamental common policies, re6uiring new transfers of national sovereignty, ata'en by the participating governments and are outlined in treaties, signed by those governments and ratified aftauthori3ation by the national parliaments. *ecisions on secondary common policies, that is those policinecessary to attain the goals set in the treaty, including policy guidelines and legal acts based on the treaties, ata'en by the c%$$%) ()*t(tut(%)* set up by the treaties, according to procedures and following the legal formagreed in the treaties. In a process of multinational integration, the governments of the 78 direct the play frothe bac'stage, but leave the stage t% the 'ct%r*, )'$e/ the(r re+re*e)t't(e*, '++%()te& . the$')&;%r . the(r c(t(e)*7 The principal actors of European integration are called ()*t(tut(%)* by the EuropeaTreaties. #or analytical purposes, let us consider as principal actors of European integration, the five organs whicintervene principally in the decisionma'ing process and therefore in the governance of the /ommunity:

•

the European /ouncil ; sets the goals of the common policies• the European /ommission ; ma'es the proposal for the decisions to be ta'en and is main

responsible for the implementation of the common policies• the European arliament• the /ouncil of 7inisters ta'e the decisions together with the E• the /ourt of Custice ; controls the legality of the decisions

17 TE EUROPEAN COUNCIL

• made up of the Beads of state or of governments of the E" and the resident of the European /ommissio• the /ouncil meetings are attended by each 78-s head of state, plus the prime minister and the minister o

foreign affairs, the resident of the /ommission and one of his vicepresidents• in case the European /ouncil deals with 6uestions lin'ed to economic and monetary union, financ

ministers are invited. They either replace the foreign ministers or sit alongside with them.• The proceedings of the European /ouncil are related to the outside world by a system of )%te-t'8er*.

official from the /ouncil 8ecretariat sits in the room and ta'es notes. Every 6uarter of an hour he replaces and goes out to brief orally the group of persona assistants of the permanent representative9called ANTICI who sit in an area of the building called the red 3one, where the national delegations anot allowed access. Then, the ntici transmit their notes to their own national delegations, located ianother area of the building called the blue 3one.



• 8o information is disseminated indirectly, so that the national delegations should 'now something of whis going on, but considerable delay and without the possibility to directly attribute specific words to any the participants in the /ouncil.

• European /ouncil generally last for 2 days, which unfold as follows: *S . family photo& 2. address bthe resident of the E 9custom dating bac' to the 1N0s, highly appreciated by the E, without any impaon the proceedings& ). the full /ouncil meets 9lunch included to debate upon the various items on thagenda & ?. in the evening the heads of governments and the foreign ministers usually separate for dinne5. in the course of the evening, a group of officials from the presidency , the /ouncil 8ecretariat and th/ommission wor' on draft conclusions, starting from a te$t prepared well in advance by the /ounc

8ecretariat. The te$t is amended and completed in view of the first day-s discussions. The final draft mu be available in all official languages at dawn. *S 2 ; . each head of government received the draconclusions and loo's at them over brea'fast, while discussing the specific points with the assistant& 2. th/ouncil convenes again and spends the morning and, if necessary, part of the afternoon, to finali3e theconclusions.& ). the press conference

• it began on an informal basis, as Dsummit meetings in the10s, but now it is fully institutionali3eaccording to article ? of the Treaty of <ice, which provides that the European /ouncil meets at least twice

year, under the chairmanship of the Bead of 8tate or Uovernment of the 78 holding the residency of th/ouncil

• the 8eville /ouncil 9222 Cune 2002 departed from the letter of the Treaty and decided to meet principle ? times a year and that, in e$ceptional circumstances, it may hold an e$traordinary meeting.

• /ouncil meetings have generally ta'en place in the residency country, but since 7ay 200?, they have a

been held in !russels. The decision is clearly motivated by reasons of practicality and security, not mention the amount of money the host country should have spend for the organi3ation of such a meeting

• The European /ouncil defines the political guidelines of the /ommunity and resolves the most importaproblems of the European construction

• It is a forum for free and informal e$changes of views between the responsible leaders of the 78• It should be noted that the heads of state or governments &% )%t '&%+t /e'/ 'ct* %r$'// .()&()

the 78• The /ouncil issues declarations containing guidelines and general directives for future /ommunity actio

These declarations have political values, but no legal binding force• The European /ouncil is a /%cu* % +%6er which has a number of characteristics:

- authority ; the European /ouncil brings together political personalities who, in their nation

capacity, are ultimate decisionta'ers. /ollectively, they consider themselves, in the Europeaconte$t, as having a similar tas'. Essentially, they come together to ta'e decisions and they e$pethese decisions to be respected. That is why the /ouncil conclusions are very specific in natur8trictly spea'ing, the council conclusions are not legally binding, but they are a sort of *%t /'

which the European /ommission and the E have to ta'e into account and respect- informality ; the European /ouncil has always attached the highest importance to th

informality of its meetings. It wor's on the basis of restricted sessions where the heads government and the foreign ministers sit alone, face to face, addressing each other by their firnames, the principle at wor' being the principle of privacy and direct contact, 6uite fre6uentconfrontational.

- Unequal relationships ; in the abstract, all heads of governments are e6ual, +ust as their stathave e6ual status in international law. !ut the European /ouncil is a locus of power, the fact thsome participants have in fact more power as they represent a bigger country is immediateapparent and implicitly understood by all. 8maller countries are diffident about the increasinpower of the European /ouncil precisely because they 'now they are less well protected at that levthan in the institutions governed by legal rules and strict procedures. The same is true foe th/ommission. hen operating in the /ouncil of 7inisters, the rights and prerogatives of th/ommission are well defined and protected by the Treaty, but at European /ouncil level this is nthe case.

- Seniority the balance of power in the European /ouncil in influenced by seniority, because thnumber of participants is small and personal relations important. Beads of governments of smalle78 can e$pect to e$ert more influence after several years of being present, and especially aftehaving led a successful presidency. 9eg. Cean /laude Cunc'er, rime 7inister of (u$embourg sin115 and also 7inister of #inance, who e$ercises considerable influence, than's to his person6ualities and also because of his seniority.



- Ambivalence viewing the European /ouncil as a locus of power helps e$plain its ambivalence institutional terms. "nli'e the other European institutions, its powers, procedures and decisioma'ing process are not determined by the Treaty. It deals with whatever problem it wants to de

with, in the manner it +udges the most appropriate. Its role is not clearly defined anywhere, yet irole is fundamental to the life of the "E. It can live with that ambivalence, as it is bent on the d

facto e$ercise of power not on legallybinding decisionma'ing power.

The European /ouncil has 5 main functions: General political guidance and impetus ; the tas' implies the right to launch neactivity fields 9in Jome, in *ecember 1%5, the European /ouncil decided to initiacooperation in the fight against terrorism and organi3ed crime. !asically, the Europea/ouncil fi$es the agenda of the E" and is the place where strategic orientation are giveOne e$ample of political guidance, in the momentous decision ta'en at /openhagen i*ecember 11) on enlargement, when accession was offered to central and easteEuropean countries, without any public debate 9or very little

Decision-making of last resort ; although initially, the European /ouncil was nsupposed to e an ultimate decisionta'er, now it has become a 'ind of court of appeal fsettling problems too comple$ or too politically sensitive to be resolved at the level of th/ouncil of 7inisters. Thus, European /ouncil meetings have lately come to be themat

affairs 9eg. employment in (u$embourg, +ustice and home affairs in Tampere, economic ansocial policy in (isbon and 8toc'holm, etc Visibility in external affairs ; when acting in its e$ternal capacity, the Europea

/ouncil operates li'e a Dcollective head of state. Over the years, the /ouncil has approvednumber of statements covering events in all parts of the world and developments in the fielof diplomacy. 78 have used the European /ouncil to e$press common positions ointernational affairs.

Solemn ratification of significant documents ;Each European /ouncil regularendorses a series of documents, reports, action plans or contributions. These documents asubmitted to the European /ouncil because they have been re6uested by a previouEuropean /ouncil, or because they apply a previous decision of the European /ouncil

because the authors 9the European /ommission, the /ouncil of 7inisters, the residencconsider that the respective te$ts need to be approved at that level

egotiation of treaty change*- the European /ouncil is the 'ey forum for determinintreaty reform.

27 TE COUNCIL O! MINISTERS =TE COUNCIL O! TE EUROPEAN UNION?

The /ouncil of 7inisters ta'es decision in particular policy areas. The /ouncil of 7inisters operates in severformations, organi3ed by area of activity. Each formation brings together the relevant minister or ministers foeach member state, authori3ed to commit the government of the respective 78, in other words, if ministers agrto something in /ouncil, it is understood that they have the support of their governments and that the legislativact thus adopted will be implemented in their 78. There are such configurations ; the griculture /ouncil, thEcofin, the CB /ouncil, the 8ocial ffairs /ouncil, the Environment /ouncil, the Transport anTelecommunications /ouncil, the #isheries /ouncil, the Industry and Energy /ouncil, the Internal 7ar'e/onsumer ffairs and Tourism /ouncil, the Jesearch /ouncil, the !udget /ouncil, the /ulture /ouncil, th*evelopment /ouncil, the Education and South /ouncil, the Bealth /ouncil, the Ueneral ffairs and E$ternJelations /ouncil.

The Ueneral ffairs and E$ternal Jelations /ouncil 9 made up of the foreign ministers is the principal /ouncconfiguration and holds separate meetings, dealing respectively with: a preparation for and followup to thEuropean /ouncil, institutional and administrative matters, hori3ontal dossiers which affect several of the E" policies and b the whole of the "nion-s e$ternal action, namely common foreign and security policy, foreigtrade, development cooperation and humanitarian aid.



8ome /ouncils 9the Ueneral ffairs and E$ternal Jelations, Ecofin, griculture, Environment meet once a montthe others meet two to four times a years, depending on then topics to be discussed, while yet others are conveneonly once every months. <ormally, /ouncil meetings ta'e place in !russels, but, as a result of an agreement witthe (u$embourg government, /ouncil meetings convened in pril, Cune and October are held in (u$embourg.

Each 78 hold the residency for si$ months in a system of rotation based on an attempt to avoid two ma+ocountries of too many small countries holding it in succession. <owadays, a new mechanism operates ; the trimade up of the outgoing presidency, the incumbent presidency and the incoming presidency. The troi'a becameffective after 7ay 200?, whenN former communist states +oined the E". The idea was to have such countri

helped by older member states. #or instance, the first former communist country to hold the residency wa8lovenia 9the former half of 200N, which was preceded by Uermany and followed by #rance.

hen chairing the /ouncil meeting, each holder of the residency chair has formal responsibility to see' commoground between 78 whose opinions differ, suggesting compromise solutions,

t the beginning of the si$month term, each holder of the residency publishes a program of legislative prioritie which generally includes some measure which has been held up for years because no agreement has been foun which can unbloc' it. The selection of the priorities of each presidency is based on a threeyear strategic prograadopted by the European /ouncil, it is not a random choice.

In addition, the residency organi3es a series of conferences, seminars and other events to which 7E/ommissioners, national parlamentarians and others are invited to discuss the burning issues of the day.

Each country also ta'es this opportunity to promote its culture, often by financing visits to !russels by artist writers, theater groups, aso.

The /ouncil is assisted by a General Secretariat , consisting of nationals representing all the 78, separate frotheir counterparts in the /ommission, but organi3ed in a similar way. The 8ecretariat general is headed by 8ecretary Ueneral, who is appointed by the /ouncil acting unanimously. It is generally a diplomat or ae$perienced politician. The current incumbent is Cavier 8olana. The Treaty of msterdan modified the structure the 8ecretariat and added the role of Bigh Jepresentative for the /ommon #oreign and 8ecurity olicy to that the 8ecretary Ueneral 9Cavier 8olana and created the position of *eputy 8ecretary Ueneral who is responsible fthe daytoday running of the 8ecretariat. The *eputy is also appointed by the /ouncil acting unanimously. Thmain body of the 8ecretariat is divided into 1 *irectoratesUeneral, the largest of which is responsible f

administration. The other N are organi3ed on a functional basis, according to the /ouncils they serve, and th whole structure is served by a hori3ontal !egal Service.

The /ouncil is also assisted by wor'ing parties of national civil servants which e$amine the proposal of th/ommission and report to the "ermanent #epresentatives $ommittee %$&#'"'#(, which is responsibfor preparing the wor' of the /ouncil and for carrying out the tas's assigned to it by the /ouncil. The /OJEEsits in 2 parts. /oreper art , made up of deputy permanent representatives, e$amines technical 6uestions on th

whole. /oreper art 2, composed of the mbassadors themselves, deals with political 6uestions on the whole. Th/ommission participates in all the meetings of the wor'ing parties of national e$perts, of /oreper and of th/ouncil formations to e$plain its positions and to assist the presidency in reaching agreement on its proposal

fter e$amining an issue /oreper either submits a report to the /ouncil, preparing the ground for its discussion bdrawing attention to the political aspects which deserve particular attention, or, if unanimous agreement has bee

reached between the ermanent Jepresentatives and the /ommission representative, /oreper recommends ththe /ouncil adopt the prepared te$t as ') A (te$, that is without discussion.

The /ouncil 9together with the E in some specific areas is the main decisionma'ing body of the E". 7iniste vote in the /ouncil on the basis of simple ma+ority, 6ualified ma+ority or unanimity, depending the rules governinthe respective issue. *ecisions in some policy areas 9ta$ation and for most 6uestions concerned with the seconand third pillars re6uire unanimity, although things will change once the Treaty of (isbon enters into force. "ndthe 6ualified ma+ority voting 9M7 procedure, each 78 is allocated a number of votes in appro$imate relation its si3e.

The presidency, on behalf of the /ouncil, is accountable to the E. !efore ta'ing office, the prime minister of thforeign minister of the respective 78 presents its presidency program to the E, then representatives of th



residency 9generally the ministers concerned by the legislative acts to be discussed and adopted by the E ta'part in the E plenary sessions and answer 6uestions addressed by the 7Es. t the end of the month periothe residency sums ups its achievements to the E.

37 TE EUROPEAN COMMISSION

The European /ommission is made up of unelected members. 8ince its inception in 1%, the /ommission hgrown in si3e with each enlargement. 8ince the Treaty of <ice, there were 2 members for the 5 big 78 9Uerman

Italy, 8pain, the "A, #rance and for the small 78. fter the 7ay 200? enlargement, the number of membe was reduced to per 78.

Thus, actually, the /ommission is composed of 2% /ommissioners, who are proposed by the government of eac78 and are appointed, for a period of 5 years, by the /ouncil, acting by a 6ualified ma+ority and by commoaccord with the nominee for resident.

The Beads of 8tate or Uovernment, acting by a 6ualified ma+ority, nominate the resident of the /ommission anthe nomination must be approved by the E. The resident and the /ommissioners are sub+ect as a body to a voof approval by the E. The arliament e$amines every /ommissioner as to hisGher ideas and program and maput forward ob+ections as to hisGher suitability for isGher responsibilities inside the /ommission, but may nre+ect the appointment. Bence, in case of ob+ections put forth by the E for certain members of the /ommissionthe resident has the option of assigning other responsibilities to the member in 6uestion or simply as' thproposing 78 to ma'e a new proposal so as not to run the ris' of re+ection of the body by the E.

The current composition of the /ommission 9 /ommissioner per 78 will continue till 20?, when th/ommission will have a number of members corresponding to two thirds of the number of 78.

/urrently, each /ommissioner is given responsibility for a particular policy area, and it is here that wea'er 78 ali'ely to lose out, seeing their nominees shunted off to policy areas that do not touch the real centers of power the most vital interests.

The /ommissioners, despite being nominated by the 78, do not represent the interests of the 78, but thinterests of the /ommunity as a whole. They must not ta'e any form of instructions from the 78, are supposed ma'e sure the Treaties are respected, standing above the national interests which legitimately play themselves

the /ouncil.

The resident of the /ommission 9since the Treaty of <ice can ta'e decisions on the /ommission-s internorgani3ation in order to ensure that it acts consistently, efficiently and on the basis of collective responsibility. Thresident can also choose his icepresident 9although the choice has to be approved by the rest of th/ommissioners also called the /O((EUE of /ommissioners and he can also sac' 9as' to resign th/ommissioners.

TBE #"</TIO<8 O# TBE /O77I88IO<

17 the +%6er % ()(t('t(e – it proposes new laws and other measures. <either the /ouncil nor the E hathe formal power to propose legislative or other /ommunity measures, including *irectives, Jegulation

Jecommendations and the annual budget. The measure or action that it proposes. *ecisions on theproposals are ta'en by /ouncil and the E with the codecision procedure or, in some cases, by the /ouncalone, namely by the 78. In other words, the /ommission does not legislate.

27 e9ecut(e .%& ='&$()(*tr't(e r%/e? ; the /ommission has e$tensive e$ecutive powers to ensure thattainment of the ob+ectives set out. The /ommission implements the decisions ta'en by the legislativ

bodies 9/ouncil and E, manages the /ommunity budget as well as the /ommunity #unds and thresearch and technological development programs

37 u'r&(') % the Tre't(e* ')& % the 'cu(* c%$$u)'ut'(re the /ommission is charged wiensuring that the Treaties are correctly implemented and respected by the 78. #or this purpose it hainvestigative power, which it e$ercises at its own initiative or in response to a re6uest from a governmenor a complaint from an individual. If, following the investigation, the /ommission considers there ()r()e$e)t % the C%$$u)(t /e(*/'t(%) it invites the 8tate concerned to submit its commen



within a given period of time. If the 8tate in 6uestion does not comply or if the e$planations provided dnot convince the /ommission, the latter issues a reasoned opinion to which the 78 is obliged to confor

within the prescribed timelimit. If the 78 fails to conform, the /ommission refers the matter to thEuropean /ourt of Custice, which arbitrates the dispute an sanctions the irregularity as noted by th/ommission and re6uires the 78 to conform to the /ommunity legal order.

47 re+re*e)t't(e r%/e ; the /ommission deals with aspects of foreign relations, especially those having do with trade. The /ommission negotiates agreements, it ensures representatives of the E" in thicountries and in many international organi3ations.

TBE /O77I88IO< 8EJI/E8

The /ommission has two arms ; 9 a political arms Z the /ollege of /ommissioners and 92 an administrativarm in the form of the /ommission services.

The services are organi3ed as *irectoratesUeneral the number of which has been constantly increasing as th/ommission has been assigned or ac6uired increased responsibilities and tas's, relating to various policy areaJecruitment to the /ommission services has always been based on open competitions reflecting the principle merit.

D(rect%r'te*- <e)er'/ 9*Us are generally concerned with policy sectors 9for instance, trade or environmen while %ther *er(ce* are concerned with crosscutting, hori3ontal tas's.

*irectoratesUeneral agriculture, budget, competition, development, economic and financial affairs, education and culturemployment and social affairs, energy and transport, enlargement, enterprise, environment, e$ternal relationfinancial control, fisheries, health and consumer protection, information society, internal mar'et, interpretatio

+ustice and home affairs, personnel and administration, regional policy, research, ta$ation and customs uniotrade, translation.

Other 8ervices European nti#raud Office& Eurostat& European id /ooperation Office& Bumanitarian id Office& CoiJesearch /enter& (egal 8ervice& ress and /ommunication& ublications Office& 8ecretariat Ueneral.

8ervices vary considerably in si3e, depending on the nature of their responsibilities. 7ost have between 200 an500 fulltime staff.8ervices are headed by *irectors Ueneral who are supported by senior staff, with the number depending on thsi3e, importance and mission of the service. The main function of the *irector Ueneral is to oversee the generfunctioning of his service, to be the principal representative in relation to other services and the outside world anto be the main line of communication between the service and the /ommissioner responsible for the service.

*U as well as the other services are divided into Directorates) headed by *irectors. n average si3ed *U h between ) to *irectorates, while a typical *irectorate is divided into units or divisions headed by a head of unor division. *irectorate may have between ) to units.

The /ommission employs a wide variety of personnel categories, such as permanent staff, temporary agentcontract agents, seconded national e$perts, etc.

47 TE EUROPEAN PARLIAMENT

The European arliament 9E is elected by the citi3ens of the European "nion to represent their interests. Iorigins go bac' to the 150s and the founding treaties, and since 1%1 its members have been directly elected bthe people they represent.

Elections are held every five years, and every E" citi3en is entitled to vote, and to stand as a candidate, wherevethey live in the E". The latest elections were in Cune 2001. arliament thus e$presses the democratic will of th



"nion4s citi3ens 9more than ?10 million people, and represents their interests in discussions with the other Einstitutions. The present parliament has %) members from all 2% E" countries.

7embers of the European arliament 97Es do not sit in national bloc's, but in seven Europewide politicgroups. !etween them, they represent all views on European integration, from the strongly profederalist to thopenly Eurosceptic.

Cer3y !u3e' was elected resident of the E on the ?th of Culy 2001 and will hold that post for two and a ha years 9until Canuary 202.

.Uroup of the European eople4s arty 9/hristian *emocrats E

2. Uroup of the rogressive lliance of 8ocialists and *emocrats in the European arliament 8P*

). Uroup of the lliance of (iberals and *emocrats for Europe (*E

?. Uroup of the UreensGEuropean #ree lliance UreensGE#

5. European /onservatives and Jeformists Uroup E/J

. /onfederal Uroup of the European "nited (eft <ordic Ureen (eft U"EG <U(

%. Europe of #reedom and *emocracy Uroup E#*

N. <onattached <

The European arliament has three places of wor': !russels 9!elgium, (u$embourg and 8trasbourg 9#rance.(u$embourg is home to the administrative offices 9the HUeneral 8ecretariat-. 7eetings of the whole arliamen'nown as Hplenary sessions-, ta'e place in 8trasbourg and sometimes in !russels. /ommittee meetings are alsheld in !russels.

arliament has three main roles:

. P'**() Eur%+e') /'6* ; +ointly with the /ouncil in many policy areas. The fact that the E is directly elected bthe citi3ens helps guarantee the democratic legitimacy of European law.

2. arliament e$ercises &e$%cr't(c *u+er(*(%) over the other E" institutions, and in particular the /ommission.has the power to approve or re+ect the nomination of commissioners, and it has the right to censure the /ommissioas a whole.

). The +%6er % the +ur*e. arliament shares with the /ouncil authority over the E" budget and can therefo

influence E" spending. t the end of the procedure, it adopts or re+ects the budget in its entirety.17 P'**() Eur%+e') /'6*

The most common procedure for adopting 9i.e. passing E" legislation is Hcodecision-. This procedure places the Europearliament and the /ouncil on an e6ual footing and it applies to legislation in a wide range of fields.

The /O*E/I8IO< procedure

JI<T . roposal sent from /ommission to the E and the /ouncil& 2. arliament first reading ; no Eamendments& ). /ouncil first reading ; the /ouncil may adopt the te$t without modifying it

JI<T ! . roposal sent from /ommission to the E and the /ouncil& 2. arliament first reading ; Eamendments& ). /ommission opinion on E amendments& ?. /ouncil first reading ; /ouncil approves aamendments and may adopt the act

JI<T / . roposal sent from /ommission to the E and the /ouncil& 2. arliament first reading ; Eamendments& ). /ommission opinion on E amendments& ?. /ouncil first reading ; /ouncil does not approve athe amendments and adopt a common position& 5. /ommission opinion on the common position& . E seconreading 9deadline )[ months& %. E approves the common position or does not ta'e a decision, then the act &ee$e& t% h'e .ee) '&%+te&.

JI<T * . roposal sent from /ommission to the E and the /ouncil& 2. arliament first reading ; Eamendments& ). /ommission opinion on E amendments& ?. /ouncil first reading ; /ouncil does not approve athe amendments and adopt a common position& 5. /ommission opinion on the common position& . E seconreading 9deadline )[ months& %. E re+ects the common position 9absolute ma+ority of members, then the act deemed )%t t% h'e .ee) '&%+te&.

http://www.europarl.europa.eu/members.do?language=EN


http://europa.eu/institutions/decision-making/index_en.htm






JI<T E . roposal sent from /ommission to the E and the /ouncil& 2. arliament first reading ; Eamendments& ). /ommission opinion on E amendments& ?. /ouncil first reading ; /ouncil does not approve athe amendments and adopt a common position& 5. /ommission opinion on the common position& . E adopamendments to the common position 9absolute ma+ority of members& %. /ommission opinion on Eamendments& N. /ouncil second reading 9deadline )[ months & 1. /ouncil approves E amendments and the ais approved as amended.

JI<T # . roposal sent from /ommission to the E and the /ouncil& 2. arliament first reading ; E

amendments& ). /ommission opinion on E amendments& ?. /ouncil first reading ; /ouncil does not approve athe amendments and adopt a common position& 5. /ommission opinion on the common position& . E adopamendments to the common position 9absolute ma+ority of members& %. /ommission opinion on Eamendments& N. /ouncil second reading 9deadline )[ months & 1. /ouncil does not approve E amendments& /onciliation /ommittee is convened within a period of [2 wee's and has a further [2 wee's to reacagreement& . successful conclusion to conciliation& 2. within a period of [2 wee's, approval of the +oint te$t bE 9ma+ority vote cast and /ouncil 9M7

JI<T U . roposal sent from /ommission to the E and the /ouncil& 2. arliament first reading ; Eamendments& ). /ommission opinion on E amendments& ?. /ouncil first reading ; /ouncil does not approve athe amendments and adopt a common position& 5. /ommission opinion on the common position& . E adopamendments to the common position 9absolute ma+ority of members& %. /ommission opinion on Eamendments& N. /ouncil second reading 9deadline )[ months & 1. /ouncil does not approve E amendments&

/onciliation /ommittee is convened within a period of [2 wee's and has a further [2 wee's to reacagreement& . unsuccessful conclusion to conciliation& 2. the act is not adopeted.

In some fields 9for e$ample agriculture, economic policy, visas and immigration, the /ouncil alone legislates, but it has consult arliament. In addition, arliament-s assent is re6uired for certain important decisions, such as allowing necountries to +oin the E".

arliament also provides impetus for new legislation by e$amining the /ommission-s annual wor' programme, consideri what new laws would be appropriate and as'ing the /ommission to put forward proposals.

27 De$%cr't(c *u+er(*(%)

arliament e$ercises democratic supervision over the other European institutions. It does so in several ways.

hen a new /ommission ta'es office, its members are nominated by the E" member state governments but they cannot bappointed without arliament-s approval. arliament interviews each of them individually, including the prospecti/ommission resident, and then votes on whether to approve the /ommission as a whole.

Throughout its term of office, the /ommission remains politically accountable to arliament, which can pass a Hmotion censure- calling for the /ommission-s mass resignation.

7ore generally, arliament e$ercises control by regularly e$amining reports sent to it by the /ommission 9the annual generreport, reports on the implementation of the budget, etc.. 7oreover, 7Es regularly as' the /ommission 6uestions whithe commissioners are legally re6uired to answer.

arliament also monitors the wor' of the /ouncil: 7Es regularly as' the /ouncil 6uestions, and the resident of the /ounattends the E-s plenary sessions and ta'es part in important debates.

arliament can e$ercise further democratic control by e$amining petitions from citi3ens and setting up committees of in6uir#inally, arliament provides input to every E" summit 9the European /ouncil meetings. t the opening of each summit, tresident of arliament is invited to e$press arliament4s views and concerns about topical issues and the items on thEuropean /ouncil4s agenda.

37 The +%6er % the +ur*e

The E"-s annual budget is decided +ointly by arliament and the /ouncil. arliament debates it in two successive readingand the budget does not come into force until it has been signed by the resident of arliament.

arliament4s /ommittee on !udgetary /ontrol 9/O/O!" monitors how the budget is spent, and each year arliamedecides whether to approve the /ommission-s handling of the budget for the previous financial year. This approval processtechnically 'nown as Hgranting a discharge-.



arliament4s wor' is divided into two main stages:

Pre+'r() %r the +/e)'r *e**(%). This is done by the 7Es in the various parliamentary committethat specialise in particular areas of E" activity. The issues for debate are also discussed by the politicgroups.

The +/e)'r *e**(%) (t*e/ . lenary sessions are normally held in 8trasbourg 9one wee' per month ansometimes in !russels 9two days only. t these sessions, arliament e$amines proposed legislation an

votes on amendments before coming to a decision on the te$t as a whole.Other items on the agenda may include /ouncil or /ommission Hcommunications- or 6uestions about what is goinon in the European "nion or the wider world.

47 TE EUROPEAN COURT O! USTICE

The /ourt of Custice of the European /ommunities 9often referred to simply as Hthe /ourt- was set up under thE/8/ Treaty in 152. It is based in (u$embourg.

Its +ob is to ma'e sure that E" legislation is interpreted and applied in the same way in all E" countries, so ththe law is e6ual for everyone. It ensures, for e$ample, that national courts do not give different rulings on the samissue.

The /ourt also ma'es sure that E" member states and institutions do what the law re6uires. The /ourt has thpower to settle legal disputes between E" member states, E" institutions, businesses and individuals.

The /ourt is composed of one +udge per member state, so that all 2% of the E"-s national legal systems arrepresented. #or the sa'e of efficiency, however, the /ourt rarely sits as the full court. It usually sits as a HUran/hamber- of +ust ) +udges or in chambers of five or three +udges.

The /ourt is assisted by eight Hadvocatesgeneral-. Their role is to present reasoned opinions on the cases brough before the /ourt. They must do so publicly and impartially.

The +udges and advocatesgeneral are people whose impartiality is beyond doubt. They have the 6ualifications competence needed for appointment to the highest +udicial positions in their home countries. They are appointeto the /ourt of Custice by +oint agreement between the governments of the E" member states. Each is appointefor a term of si$ years, which may be renewed.

To help the /ourt of Custice cope with the large number of cases brought before it, and to offer citi3ens better legprotection, a H/ourt of #irst Instance- was created in 1NN. This /ourt 9which is attached to the /ourt of Custice responsible for giving rulings on certain 'inds of case, particularly actions brought by private individualcompanies and some organisations, and cases relating to competition law. This court also has one +udge from eacE" country.

The European "nion /ivil 8ervice Tribunal ad+udicates in disputes between the European "nion and its civservice. This tribunal is composed of seven +udges and is attached to the /ourt of #irst Instance.

The /ourt of Custice, the /ourt of #irst Instance and the /ivil 8ervice Tribunal each have a president chosen btheir fellow +udges to serve for a renewable term of three years.

The /ourt gives rulings on cases brought before it. The five most common types of case are:

. references for a preliminary ruling&

2. actions for failure to fulfill an obligation&

). actions for annulment&

?. actions for failure to act&

5. actions for damages.

17 The +re/($()'r ru/() +r%ce&ure

The national courts in each E" country are responsible for ensuring that E" law is properly applied in thcountry. !ut there is a ris' that courts in different countries might interpret E" law in different ways.

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http://curia.europa.eu/jcms/jcms/T5_5230/presentation?PortalAction_x_000_userLang=en







To prevent this happening, there is a Hpreliminary ruling procedure-. This means that if a national court is in andoubt about the interpretation or validity of an E" law it may, and sometimes must, as' the /ourt of Custice foadvice. This advice is given in the form of a Hpreliminary ruling-.

27 Pr%cee&()* %r '(/ure t% u/(// ') %./('t(%)

The /ommission can start these proceedings if it has reason to believe that a member state is failing to fulfill iobligations under E" law. These proceedings may also be started by another E" country.

In either case, the /ourt investigates the allegations and gives its +udgment. The accused member state, if it indeed found to be at fault, must set things right at once. If the /ourt finds that the member state has nocomplied with its +udgment, it may impose a fine on that country.

37 Act(%)* %r '))u/$e)t

If any of the member states, the /ouncil, the /ommission or 9under certain conditions arliament believes thatparticular E" law is illegal they may as' the /ourt to annul it.

These Hactions for annulment- can also be used by private individuals who want the /ourt to cancel a particular la because it directly and adversely affects them as individuals.

If the /ourt finds that the law in 6uestion was not correctly adopted or is not correctly based on the Treaties,may declare the law null and void.

47 Act(%)* %r '(/ure t% 'ct

The Treaty re6uires the European arliament, the /ouncil and the /ommission to ma'e certain decisions undcertain circumstances. If they fail to do so, the member states, the other /ommunity institutions and 9undcertain conditions individuals or companies can lodge a complaint with the /ourt so as to have this failure to aofficially recorded.

7 Act(%)* %r &'$'e*

ny person or company who has suffered damage as a result of the action or inaction of the /ommunity or its stamay bring an action see'ing compensation before the /ourt of #irst Instance.

/ases are submitted to the registry and a specific +udge and advocategeneral are assigned to each case.

The procedure that follows is in two stages: first a written and then an oral phase.

t the first stage, all the parties involved submit written statements and the +udge assigned to the case draws upreport summarising these statements and the legal bac'ground to the case.

Then comes the second stage ; the public hearing. *epending on the importance and comple$ity of the case, thhearing can ta'e place before a chamber of three, five or ) +udges, or before the full /ourt. t the hearing, thparties- lawyers put their case before the +udges and the advocategeneral, who can 6uestion them. The advocatgeneral then gives his or her opinion, after which the +udges deliberate and deliver their +udgment.

8ince 200), advocates general are re6uired to give an opinion on a case only if the /ourt considers that thparticular case raises a new point of law. <or does the /ourt necessarily follow the advocategeneral-s opinion.

Cudgments of the /ourt are decided by a ma+ority and pronounced at a public hearing. *issenting opinions are ne$pressed. *ecisions are published on the day of delivery.

The procedure in the /ourt of #irst Instance is similar, e$cept that there is no opinion from an advocategeneral.

OTER INSTITUTIONS AND AD@ISORY "ODIES

The E"-s institutional structure also comprises a number of lesser'nown bodies, out of which only the EuropeaEconomic and 8ocial /ommittee was provided for in the original Treaties. The newly created institutions an

bodies are the result of the evolution of European integration.

*+ ,he 'uropean $entral ank created by the Treaty of 7aastricht. The E/! is made up of three separat but closely lin'ed decisionma'ing bodies.



• The first and the most important is the Executive Body, which consists of the E/! resident, its icresident and ? !oard 7embers. The E$ecutive !ody is responsible for the daytoday management of thmonetary policy, implementing decision made by the second body, namely the Uoverning /ouncil anissuing specific instruction to the national ban's. The members of the E$ecutive !oard are appointed bcommon accord of the governments of the 78 at the level of heads of state or governments, on recommendation by the /ouncil or after consultation with the /ouncil and the arliament. The residentelected for a term of N years, the iceresident for a term of ? years and the remaining members for term

between 5 and N years. The terms of office for the E$ecutive !oard members are not renewable.• The Governing Council is composed of the Uovernors of the central ban's of the 78 belonging to th

euro3one and the members of the E$ecutive !oard. The Uoverning /ouncil is responsible for formulatinthe monetary policy and adopting guidelines fot its implementation. <either the E/! nor a national centr ban' nor any member of their decisionma'ing bodies may see' or ta'e instructions from /ommuni bodies, from any government of the 78 or any other body. The E/! has the e$clusive right to authori3e thissue of ban'notes within the /ommunity-s euro3one.

• The General Council ; comprises the president, the vicepresident and governors of all the E" nationcentral ban's, including those not participating in the euro3one. ractically spea'ing, it has a very limitepractical role and the members nor participating in the euro are effectively shut out of policyma'ing.

.+ ,he 'uropean $ourt of Auditors

The /ourt of uditors was set up in 1%5. It is based in (u$embourg. The /ourt-s +ob is to chec' that E" fund which come from the ta$payers, are properly collected and that they are spent legally, economically and for thintended purpose. Its aim is to ensure that the ta$payers get ma$imum value for their money, and it has the righto audit any person or organisation handling E" funds.

The /ourt has one member from each E" country, appointed by the /ouncil for a renewable term of si$ years. Thmembers elect one of their number as resident for a renewable term of three years. The /ourt-s main role is to chethat the E" budget is correctly implemented ; in other words, that E" income and e$penditure is legal and abov

board and to ensure sound financial management. 8o its wor' helps guarantee that the E" system operateefficiently and openly.

To carry out its tas's, the /ourt investigates the paperwor' of any person or organisation handling E" income oe$penditure. It fre6uently carries out onthespot chec's. Its findings are written up in reports which bring anproblems to the attention of the /ommission and E" member state governments.

To do its +ob effectively, the /ourt of uditors must remain completely independent of the other institutions but athe same time stay in constant touch with them.

One of its 'ey functions is to help the European arliament and the /ouncil by presenting them every year with aaudit report on the previous financial year. arliament e$amines the /ourt-s report in detail before decidin

whether or not to approve the /ommission-s handling of the budget. If satisfied, the /ourt of uditors also sendthe /ouncil and arliament a statement of assurance that European ta$payers4 money has been properly used.

#inally, the /ourt of uditors gives its opinion on proposals for E" financial legislation and for E" action to figfraud. The /ourt of uditors has appro$imately N00 staff, including translators and administrators as well auditors. The auditors are divided into Haudit groups-. They prepare draft reports on which the /ourt ta'decisions.

The auditors fre6uently go on tours of inspection to the other E" institutions, the member states and any countrthat receives aid from the E". Indeed, although the /ourt4s wor' largely concerns money for which th/ommission is responsible, in practice N0@ of this income and e$penditure is managed by the nationauthorities.

The /ourt of uditors has no legal powers of its own. If auditors discover fraud or irregularities they inform O(; the European nti#raud Office.

/+ ,he 'uropean 'conomic and Social $ommittee

#ounded in 15% under the Treaty of Jome, the European Economic and 8ocial /ommittee 9EE8/ is an adviso body representing employers, trade unions, farmers, consumers and the other interest groups that collective

http://europa.eu/eur-lex/en/treaties/dat/EC_consol.html

http://europa.eu/eur-lex/en/treaties/dat/EC_consol.html



ma'e up Horganised civil society-. It presents their views and defends their interests in policy discussions with th/ommission, the /ouncil and the European arliament.

8o the EE8/ is a bridge between the "nion and its citi3ens, promoting a more participatory, more inclusive antherefore more democratic society in Europe.

The /ommittee is an integral part of the E"-s decisionma'ing process: it must be consulted before decisions ata'en on economic and social policy. On its own initiative, or at the re6uest of another E" institution, it may alsgive its opinion on other matters.

The EE8/ has )?? members ; the number from each E" country roughly reflecting the si3e of its population. Thmembers are nominated by the E" governments but they wor' in complete political independence. They aappointed for four years, and may be reappointed.

The /ommittee meets in lenary ssembly, and its discussions are prepared by si$ subcommittees 'nown aHsections-, each dealing with particular policy areas. It elects its resident and two iceresidents for a twoyeaterm

The European Economic and 8ocial /ommittee has three main roles:

to advise the /ouncil, /ommission and European arliament, either at their re6uest or on the /ommitteeown initiative&

to encourage civil society to become more involved in E" policyma'ing&

to bolster the role of civil society in nonE" countries and to help set up advisory structures.

or'ing mostly in their countries of origin, the members of the /ommittee form three groups that representemployers, wor'ers and various economic and social interests.

The Employers4 Uroup has members from private and public sectors of industry, small and mediumsi3ed businesses, chambers of commerce, wholesale and retail trade, ban'ing and insurance, transport and agriculture

The or'ers- Uroup represents all categories of employees, from manual to e$ecutive. Its members come fromnational trade union organisations.

The third group represents a wide range of interests: <UOs, farmers4 organisations, small businesses, crafts andprofessions, cooperatives and nonprofit associations, consumer and environmental organisations, the scientificand academic communities and associations that represent the family, women, persons with disabilities, etc.

0+ ,he $ommittee of the #egions

8et up in 11? under the Treaty on European "nion, the /ommittee of the Jegions 9/oJ is an advisory bodcomposed of representatives of Europe-s regional and local authorities. The /oJ has to be consulted before Edecisions are ta'en on matters such as regional policy, the environment, education and transport ; all of whicconcern local and regional government.

The /ommittee has )?? members. The number from each member state appro$imately reflects its population si3

The members of the /ommittee are elected municipal or regional politicians, often leaders of regiongovernments or mayors of cities.

They are nominated by the E" governments but they wor' in complete political independence. The /ouncil of thEuropean "nion appoints them for four years, and they may be reappointed. They must also have a mandate frothe authorities they represent, or must be politically accountable to them.

The /ommittee of the Jegions chooses a resident from among its members, for a term of two years.

The role of the /ommittee of the Jegions is to put forward the local and regional points of view on E" legislationIt does so by issuing opinions on /ommission proposals.

The /ommission and the /ouncil must consult the /ommittee of the Jegions on topics of direct relevance to locand regional authorities, but they can also consult the /ommittee whenever they wish. #or its part, the /ommittecan adopt opinions on its own initiative and present them to the /ommission, /ouncil and arliament.

stit ii eu institutions cursurile 3 si 4 17 noiembrie 2013

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