ICF Technical Exchange Conference CPIV/EDG Presentation: « How the EU Works » Weiden (Germany) 8/9...

ICF Technical Exchange Conference

CPIV/EDG Presentation:« How the EU Works »

Weiden (Germany) 8/9 October 2006

8-9 October 2006 CPIV - EDG 2

How The European Union Works

1. Treaties

2. How the EU Takes Decisions

3. European Parliament

4. Council of the EU

5. European Commission

6. Court of Justice

7. European Economic and Social Committee

8. Committee of the Regions

9. Other Institutions/Bodies

10. Agencies

11. Conclusions


Introduction

• The EU: 25 Member States (MS) since 1st January 2004 (they were 6 in 1958, 9 in 1973, 10 in 1981, 12 in 1986, 15 in 1995). 1/1/07: Romania and Bulgaria join the EU. Croatia soon. Turkey?

• Population: ca. 460 mln. Area: +/- 3 mln km². Official languages: 21 on 1/1/07 (Irish recently added).

• EU civil servants: +/- 30,000 (Commission: 25,000 of which in Brussels: 22,000).

• National Representations: +/-5,000• EU Professionals (associations, NGOs, business, lawyers,

consultants, regions, press etc.): est. 30,000


1. The Treaties• Four basic treaties (the first three created the “European

Communities” (with common institutions since 1967):

1. Treaty establishing the European Coal and Steel Community (ECSC,18/4/51 in Paris): in force 23/7/52, expired 23/7/02

2. Treaty establishing the European Economic Community (EEC, 25/3/57 in Rome): in force1/1/58

3. Treaty establishing the European Atomic Energy Community (Euratom, signed along with EEC treaty)

4. Treaty of the European Union (EU, 7/2/92 in Maastricht): in force since 1/11/93

• With gradual increasing competences beyond the economic role it was renamed European Community (EC) with the Maastricht Treaty.

• At Maastricht MS also agreed to cooperate on foreign and security policy (CFSP) and on ‘justice and home’ affairs. Adding this to the existing EC, the Maastricht Treaty created a new structure with three pillars: the European Union (EU).


1. The Treaties

• The treaties are the basis for EU work. They have been amended three times in the last 20 years (through an intergovernmental conference): Single European Act (February 86: paved the way for the single market), Treaty of Amsterdam (2/10/97, amended EU and EC treaties), Treaty of Nice (26/2/01, streamlined the decision-making system in view of the 2004 accession)

• In June 2004 EU heads of state decided to simplify and to replace all treaties with a single Constitution. It can however only enter into force if ratified by all 25 countries. >>>Still under discussion. Future: new text?


2. How the EU Takes Decisions

• Decision making mainly involves 1) Commission (EC) 2) European Parliament (EP) and Council (of ministers) of the EU (N.B.: Council of ministers is different from European Council involving heads of state -meeting 4 times a year in summits and Council of Europe (in Strasbourg - 46, countries: not an EU institution!)

• The Commission generally proposes new legislation, EP and Council pass them. Every proposal for a new European law must be legally based on a specific treaty article. The three main decision-making procedures are ‘consultation’, ‘assent’ and ‘codecision’.


Consultation - Assent - Co-decision

1. Consultation: The Council consults EP, EESC and CoR. The EP can 1) approve, 2) reject or 3) ask for amendments to the proposal. The Commission decides on the changes to adopt and sends it to the Council. The Council adopts it, or amends it (adoption then requiring unanimity).

2. Assent: The Council has to obtain the EP’s assent (absolute majority vote) before adopting the proposal. Same procedure as consultation but the EP cannot amend it.

3. Codecision: Mostly used procedure. EP and Council share equal legislative power. If they cannot agree, the proposal is put before a conciliation committee (25 MEPs + 25 Council members) which has to agree (6 weeks) before submitting the text to Council and EP for final adoption (within 6-8 weeks).


3. The European Parliament (EP)

• It has 732 members since June 2004, directly elected for 5 years by the citizens (since 1979). Members sit in political groups.

• Three places of work: Luxembourg (administrative offices), Strasbourg (seat, most plenary sessions), Brussels (committee meetings, extraordinary plenary sessions)

• Competences: 1) passing European laws (with the Council), 2) democratic supervision of the other EU institutions (approve/reject nomination of Commissioners, censure of the Commission), 3) “power of the purse” (with the Council it shares authority over the budget and has the final word)

• Work organization: Preparation of the plenary sessions in the parliamentary committees and by political groups. Plenary session are normally held monthly in Strasbourg for one week (Brussels: 2 days) where MEPs examine and vote on legislation.


3. The European Parliament (EP)

• Number of Seats per country

Belgium 24 Latvia 9 Finland 14

Czech Republic 24 Lithuania 13 Sweden 19

Denmark 14 Luxembourg 6 U K 78

Germany 99 Hungary 24

Estonia 6 Malta 5 TOTAL 732

Greece 24 Netherlands 27

Spain 54 Austria 18

France 78 Poland 54

Ireland 13 Portugal 24

Italy 78 Slovenia 7

Cyprus 6 Slovakia 14


3. The European Parliament (EP)• Number of Seats per political group

There are currently seven political groups in the European Parliament and 29 non-attached.

41 201 42 36 88 268 27 29

EU United Left / Nordic Green Left

Socialist Group

Greens

Independence / Democracy

Alliance of Liberals & Democrats

Christian Democrats

Union for Europe for the Nations

Non-Attached


4. The Council of the European Union

• Its meetings are attended by one minister per member state depending on subjects (e.g. environment ministers for Environment Council). There are 9 different configurations, e.g. Environment, Competitiveness, Agriculture/Fisheries etc.

• It meets in Brussels (seat) except April, June and October (Luxembourg).

• Four times a year the 25 heads of state meet as the European Council (summits) to set overall EU policy/solve difficult issues from lower level.

• Responsibilities: to 1) pass EU laws with EP, 2) coordinate broad economic/social policies of the member states, 3) conclude international agreements, 4) approve the budget with the EP, 5) develop the EU’s CFSP, 6) coordinate cooperation between national courts and police forces in criminal matters. The last two are done on an intergovernmental basis (2nd and 3d EU pillars).


4. The Council of the European Union

• Each Member State has a permanent representation at EU level. Its head is the country’s “ambassador to the EU”. These meet weekly within the ‘Coreper’ to prepare the work of the Council.

• The Council presidency rotates every 6 months (currently: SF, next D, then P). The presidency takes charge of the agenda and chairs all meetings.

• The presidency is assisted by a General Secretariat. The Secretary-General of the Council (J. Solana) is also the High Representative for the CFSP.

• Decisions are taken by qualified majority (except CFSP, taxation, asylum, immigration: unanimity). Qualified majority is reached if (1) a majority of Member States (2) approve with at least 232 votes out of 321 (3) representing at least 62% of total EU population.

• Votes: D/F/I/UK:29 votes, E/PL:27, NL:13, B/Cz/Gr/H/P:12, A/S:10, Dk/Irl/Lt/Sk/SF:7, Cy/Est/Lv/L/Slv:4, M:3 = 321


5. The European Commission

• Independent of national governments. Accountable to the EP (motion of censure possible). +/- 25,000 officials in Brussels (seat) and Luxembourg.

• Commissioners are appointed for 5 years (within 6 months of EP elections). President: J.M. BARROSO. EP interview/approval needed for all Commissioners. 1 Commissioner per MS. In 2009 the Council will fix the maximum number of Commissioners with a rotation principle.

• Competences: to 1) propose legislation to the Parliament and the Council (‘right of initiative’, it is helped by national parliaments and experts), 2) manage and implement EU policies/budget (‘executive’), 3) enforce EU law (‘guardian of the treaties’ with infringement against MS etc.), 4) represent EU internationally (in international fora, e.g. WTO and negotiating international agreements on behalf of the Council).


5. The European Commission

• Each Commissioner is responsible for one/several policy areas. Commissioners meet once a week (Wednesday) to discuss/collectively adopt legislative proposals.

• Commission staff is organized in departments (27 “Directorates-General”) and “services”. Each DG is responsible for a particular policy area and headed by a Director-General, answerable to a Commissioner.

• Overall coordination is provided by the Secretariat-General, which manages weekly Commission meetings. The Secretary-General (Ms. C. DAY) is answerable to the President.

• Procedure: The competent DG draws up a proposal after extensive consultation. The draft is then discussed with other DGs/services as well as the Legal Service and the Secretariat General (“interservice consultation”). Once it is ready the draft proposal will be put on the agenda of the following Commission meeting. If at least 13 out of 25 Commissioners approve, it is adopted, published as a proposal in the Official Journal and sent to EP and Council.


5. The European CommissionList of the Directorates-General (DGs) and Services

DG Agriculture and Rural Development (AGRI) DG Taxation & Customs Unions (TAXUD) DG Competition (COMP) DG Economic and Financial Affairs (ECFIN) DG Internal Audit Services (IAS) DG Press and Communication (PRESS)DG Employ, Social Affairs & Equal Opportunities (EMPL) DG Informatics (DIGIT)DG Energy & Transport (TREN) DG Budget (BUDG)

DG Enlargement (ELARG) DG Translation (DGT)DG Research (RTD) DG Interpretation (SCIC)DG Development (DEV) Legal Service (SJ)DG Enterprise & Industry (ENTR) Secretariat General (SG)DG Environment (ENVI) European Personnel Selection Office (EPSO)DG Fisheries and Maritime Affairs (FISH) EU Anti-Fraud Office (OLAF)DG Health & Consumer Protection (SANCO) Joint Research Centre (JRC)DG Information Society & Media (INFSO) Humanitarian Aid Office (ECHO)DG Internal Market & Services (MARKT) Europe-Aid Cooperation Office (AIDCO) DG Justice, Freedom & Security (JLS) EUROSTAT (ESTAT)DG Regional Policy (REGIO) Publications Office (OPOCE)DG External Relations (RELEX) Office for Admin. & Payment of Indiv Entit. (PMO)DG Trade (TRADE) Bureau of European Policy Advisers (BEPA)DG Personnel and Administration (ADMIN) Office for Infrastructure and Logistics (OIB/L)DG Education and Culture (EAC)


6. The Court of Justice

• Based in Luxembourg, it has to make sure EU legislation is interpreted/applied properly, and settles legal disputes.

• Composed of 1 judge per country (appointed for 6 years, renewable). Usually sits as ‘Grand Chamber’ of 13 or 5/3 judges. Assisted by 8 ‘advocates-general- who present reasoned opinions about cases.

• Court of First Instance (1989) is responsible for rulings on certain cases (actions brought by individuals, companies, some associations and competition law. Civil Services Tribunal (EU vs. civil service)

• Competences: 1) preliminary ruling procedure (advice on national implementation of EU law), 2) action for failure to fulfil an obligation (MS vs. MS or Commission vs. MS), 3) action for annulment by MS or EU institution or individuals against EU law, 4) action for failure to act (MS, EU institution, individuals/companies against other EU institution).

• Organization: Specific judge/advocate-general assigned to the case, written submission and report, hearing, deliberation, judgement (majority).


7. The European Economic and Social Committee

• The EESC is an advisory body representing three groups: employers (private/public, SMEs,…), workers (trade-unions), other interests (NGOs, farmers, consumers and other interest groups of the civil society) with EC/EP/Council. It is part of the EU’s decision making process (compulsory consultation on economic/social items!).

• It has 317 members, the number from each country reflecting the size of its population. Members are nominated by EU governments for 4 years, renewable. 1 President and 2 Vice-Presidents: 2-year mandate.

• Role: to advise Council, EC and EP at their or its own request, encourage civil society to become more involved in EU policy-making, bolster the role of civil society in non-EU countries and set up an advisory structure.


8. The Committee of the Regions

• The CoR (Brussels, 1994) has 317 members (the national numbers reflects the size of the MS): elected municipal or regional politicians (mayors, leaders…) nominated by EU governments for four years, renewable. The President is elected for 2 years.

• Role: to put forward local and regional points of view on EU legislation and give opinion on EC proposals

• EC and Council must consult the CoR on “local” or “regional” issues. The CoR can also adopt own opinions at its own or at the request of other institutions.

• The CoR holds 5 plenary sessions per year to define general policy and adopt opinions. The members are assigned to 6 specialist commissions preparing the sessions (COTER, ECOS, DEVE, EDUC, CONST, RELEX).


9. Other Institutions/Bodies

• The EU Court of Auditors (Lxbg,): 1 member from each country elected for 6 years, renewable. President (3 years). Role: to check the correct implementation of the budget. Opinion on proposals for EU financial legislation/action against fraud.

• EU Investment Bank (Lxbg,1958): to lend money for projects of European interest (by borrowing on financial markets/MS). Shareholder of European Investment Fund giving guarantees to banks.

• European Central Bank (Frkft,1998): to frame and implement the EU’s economic and monetary policy. It aims to ensure inflation below 2% by controlling money supply and monitoring price trends.

• European Ombudsman (Stsbg,1992): Elected for 5 years, renewable, he helps to uncover maladministration.

• EU Data Protection Supervisor (Brussels, 2001) to ensure EU institutions and bodies respect people’s rights to privacy.


10. EU Agencies

• Community Plant Variety Office (Angers/F)• EUROJUST (fighting against crime) (The Hague/NL) • EU Agency for the Management of Operation Coordination at External

Borders of EU MS (Warsaw/PL)• EU Agency for Reconstruction (Thessaloniki/GR)• EU Agency for Safety and Health at Work (Bilbao/ES)• EU Aviation Safety Agency (Cologne/D)• EU Centre for the Development of Vocational Training (Thessaloniki/GR)• EU Centre for Disease Prevention and Control (Stockholm/SE)• EU Defence Agency (Brussels/B)• EU Environment Agency (Copenhagen/DK)• EU Food Safety Authority (Parma/I)• EU Foundation for the Improvement of Living/Working Conditions

(Dublin/IE)• EU Global Navigation Satellite System Supervisory Authority (to be set

up)


10. EU Agencies

• EU Maritime Safety Agency (Lisbon/P)• EU Medicines Agency (London/UK)• EU Monitoring Centre for Drugs/Drug Addiction (Lisbon/P)• EU Monitoring Centre on Racism and Xenophobia (Vienna/A)• EU Network and Information Security Agency (Heraklion/GR)• EU Policy College (Bramshill/Uk)• EU Police Office - Europol (The Hague/NL)• EU Railway Agency (Valenciennes/F)• EU Training Foundation (Turin/I)• EU Institute for Security Studies (Paris/F)• EU Satellite Centre (Torrejon de Ardoz/E)• Office for Harmonization in the Internal Market (Alicante/E)• Translation Centre for the Bodies of the EU (Luxembourg)• Other agencies are planned…


11. Conclusions

• The legislative power of the EU increases and its legislative activity continues as strong as ever (e.g. REACH, ETS)

• The large national dossiers are being pulled away by Europe. Today 80% of national laws originate from the EU.

• Enlargement of the EU continues and gives Brussels an even greater attraction.

• When working for a company, association, or administration, the EU is more than ever inescapable.

• The future: more framework directives and an increase of “comitology”, a global network approach, more conflicting lobbying strategies, the need for leadership.

• Concerted action and lobbying at the earliest stage is therefore necessary. Industry support to associations is crucial!

• Be pro-active in tomorrow’s Europe!


For More information (in all EU languagues)

Main EU Institutions websites:

• www.europa.eu (general)

• www.europarl.europa.eu (European Parliament)

• www.consilium.europa.eu (Council)

• www.ec.europa.eu (Commission)


Thank you for your attention!

ICF Technical Exchange Conference CPIV/EDG Presentation: « How the EU Works » Weiden (Germany) 8/9...

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