assignment on how to european union works

8/12/2019 Assignment on How to European Union Works

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Contents

Introducing the European Union

The Treaties

+o& the EU takes decisions

The European $arliament/ voice of the people

The ouncil of the European Union/ voice of the member states

The European ommission/ promoting the common interest

The ourt of 0ustice/ upholding the la&

The European ourt of Auditors/ getting value for !our mone!

The European Economic and Social ommittee/ voice of civil societ!

The ommittee of the 1egions/ voice of regional and local governmentThe European Investment ank/ financing economic development

The European entral ank/ managing the euro

The European 2mbudsman/ investigating !our complaints

The European 3ata $rotection Supervisor/ safeguarding !our privac!

Agencies

&&&.Assignmentpoint.com


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Introducing the European Union

The European Union (EU) is a famil! of democratic European countries &orking together to

improve life for their citi'ens and to build a better &orld.

4amil! squabbles and occasional crises are &hat make the ne&s headlines% but a&a! from thecameras the EU is actuall! a remarkable success stor!. In #ust over half a centur! it has delivered

peace and prosperit! in Europe% a single European currenc! (the euro) and a frontierfree 5single

market- &here goods% people% services and capital move around freel!. It has become a ma#or

trading po&er% and a &orld leader in fields such as environmental protection and development

aid. o &onder it has gro&n from si6 to 78 members and more countries &ant to #oin.

The European Union-s success o&es a lot to the unusual &a! in &hich it &orks. Unusual because

the countries that make up the EU (its 5member states-) remain independent sovereign nations but

the! pool their sovereignt! in order to gain a strength and &orld influence none of them could

have on their o&n. This stops short of being a federation like the United States% but is much more

than an organisation for cooperation bet&een governments% like the United ations. The EU is% in

fact% unique.

$ooling sovereignt! means% in practice% that the member states delegate some of their decision

making po&ers to shared institutions the! have created% so that decisions on specific matters of

#oint interest can be made democraticall! at European level.

The three main decisionmaking institutions are/

the European $arliament (E$)% &hich represents the EU-s citi'ens and is directl! elected b!

them9

the ouncil of the European Union% &hich represents the individual member states9

the European ommission% &hich represents the interests of the Union as a &hole.

This 5institutional triangle- produces the policies and la&s that appl! throughout the EU. In

principle% it is the ommission that proposes ne& la&s% but it is the $arliament and ouncil that

adopt them. The ommission and the member states then implement them% and the ommission

enforces them.

The ourt of 0ustice is the final arbiter in disputes about European la&.

The ourt of Auditors checks the financing of the Union-s activities.

A number of other bodies also have ke! roles in making the EU &ork/

the European Economic and Social ommittee represents economic and social pla!ers inorganised civil societ! such as emplo!ers and emplo!ees% trade unions and consumer

organisations9

the ommittee of the 1egionsrepresents regional and local authorities9

the European Investment ank finances investment in economic development pro#ects &ithin

and outside the EU% and helps small businesses via the European Investment 4und9

the European entral ank is responsible for European monetar! polic!9



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the European 2mbudsman investigates complaints about maladministration b! EU

institutions and bodies9

the European 3ata $rotection Supervisor safeguards the privac! of !our personal data.

In addition% specialised agencies handle certain technical% scientific or management tasks.

The po&ers and responsibilities of the EU institutions% and the rules and procedures the! must

follo&% are laid do&n in the Treaties on &hich the EU is founded. The Treaties are agreed b! the

presidents and prime ministers of all the EU countries and then ratified b! their parliaments.

The follo&ing chapters describe the Treaties% the EU institutions and the other bodies and

agencies% e6plaining &hat each entit! does and ho& the! interact.



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The Treaties

The EU is founded on four Treaties:

The Treat! establishing the European oal and Steel ommunit! (ES)% &hich &as signed

on :; April : 0ul! : 0ul! 7??7.

The Treat! establishing the European Economic ommunit! (EE)% &hich &as signed on 7=

@arch :


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The Treaties are the basis for ever!thing the EU does. The! have been amended each time ne&

member states have #oined. 4rom time to time the Treaties have also been amended to reform the

European Union-s institutions and to give it ne& areas of responsibilit!. This is al&a!s done b! aspecial conference of the EU-s national governments (an 5intergovernmental conference- or IB).

Ce! intergovernmental conferences resulted in/

The Single European Act (SEA)% &hich &as signed in 4ebruar! :


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Three GcouncilsG/ &hich is &hich*

It-s eas! to get confused about &hich European bod! is &hich " especiall! &hen ver! different

bodies have ver! similar names% such as these three 5councils-.

The European Counci

This means the +eads of State or Bovernment of all the EU countries% plus the $resident of

the European ommission. It depends on the political s!stem of each countr! &hether their

participant is the president andFor the prime minister. The European ouncil meets% in

principle% four times a !ear to agree overall EU polic! and to revie& progress. It is the highest

level polic!making bod! in the European Union% &hich is &h! its meetings are often called

5summits-.

The Counci of the European Union

4ormerl! kno&n as the ouncil of @inisters% this institution consists of government ministers

from all the EU countries. The ouncil meets regularl! to take detailed decisions and to pass

EU la&s. A fuller description of its &ork is given later in this booklet.

The Counci of Europe

This is not an EU institution at all. It is an intergovernmental organisation &hich aims

(amongst other things) to protect human rights% to promote Europe-s cultural diversit! and to

combat social problems such as racial pre#udice and intolerance. It &as set up in :


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". Assent

The assent procedure means that the ouncil has to obtain the European $arliament-s assent

before certain ver! important decisions are taken. The procedure is the same as in the case of

consultation% e6cept that $arliament cannot amend a proposal/ it must either accept or re#ect it.

Acceptance (5assent-) requires an absolute ma#orit! of the votes cast.

The assent procedure is mostl! used for agreements &ith other countries% including the

agreements allo&ing ne& countries to #oin the EU.

#ho works for the EU institutions$

The civil servants &ho &ork for the EU institutions come from all EU member countries. The!

cover a &ide range of activities and skills% from polic!makers and managers to economists%

engineers% la&!ers% linguists% secretaries and technical support staff. The! must be able and&illing to &ork in a multicultural and multilingual environment% usuall! at quite a distance from

their home countr!.

To become an EU civil servant !ou have to pass a tough competitive e6amination. These e6amsare centrall! organised b! the European $ersonnel Selection 2ffice (E$S2).

4urther information at europa.euFepso



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The European %ariament: &oice of the peope

'e( facts

1ole/ 3irectl! elected legislative arm of the EU

e6t election/ 0une 7????:

Internet/ europarl.europa.eu

The European $arliament (E$) is elected b! the citi'ens of the European Union to represent their

interests. Its origins go back to the :


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*um)er of seats per poitica group+ as at 1 ,eptem)er !

%oitica group A))re&iation *o of seats

European $eople-s $art! (hristian 3emocrats) and

European 3emocrats

E$$E3 78;

Socialist Broup $ES 7:Alliance of iberals and 3emocrats for Europe A3E :?D

Union for Europe of the ations UE DD

BreensFEuropean 4ree Alliance BreensFE4A D7

European United eftFordic Breen eft EUFB D:

IndependenceF3emocrac! I3 7D

Identit!% Tradition and Sovereignt! ITS 7>

onattached members and temporaril! vacant seats I :>

Tota /0

*um)er of seats per countr(

Austria :; atvia

ulgaria :; u6embourg

!prus @alta =

'ech 1epublic 7D etherlands 78

3enmark :D $oland =D

Estonia $ortugal 7D

4inland :D 1omania >=

4rance 8; Slovakia :D

Berman! United Cingdom 8;

Ital! 8; Tota /0



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#hat does %ariament do$

$arliament has three main roles.

:. $assing European la&s" #ointl! &ith the ouncil in man! polic! areas. The fact that the E$

is directl! elected b! the citi'ens of the EU helps guarantee the democratic legitimac! of

European la&.

7. $arliament e6ercises democratic supervision over the other EU institutions% and in particular

the ommission. It has the po&er to approve or re#ect the nomination of commissioners% and

it has the right to require the ommission as a &hole to step do&n.

>. The po&er of the purse. $arliament shares &ith the ouncil authorit! over the EU budget and

can therefore influence EU spending. It adopts or re#ects the budget in its entiret!.

These three roles are described in greater detail belo&.

1. %assing European aws

The most common procedure for adopting (i.e. passing) EU legislation is 5codecision- (see

above/ 5+o& the EU takes decisions-). This procedure places the European $arliament and the

ouncil on an equal footing% and it applies to legislation in a &ide range of fields.

In some fields (for e6ample agriculture% economic polic!% visas and immigration)% the ouncil

alone legislates% but it has to consult $arliament. In addition% $arliament-s assent is required for

certain important decisions% such as allo&ing ne& countries to #oin the EU.

$arliament also provides impetus for ne& legislation b! e6amining the ommission-s annual

&ork programme% considering &hat ne& la&s &ould be appropriate and asking the ommission

to put for&ard proposals.

!. emocratic super&ision

$arliament e6ercises democratic supervision over the other EU institutions in several &a!s.

,hen a ne& ommission takes office% its members are nominated b! the governments of the EU

countries% but the! cannot be appointed &ithout $arliament-s approval. $arliament intervie&s

each of them individuall!% including the prospective ommission $resident% and then votes on

&hether to approve the ommission as a &hole.

Throughout its term of office% the ommission remains politicall! accountable to $arliament%

&hich can pass a 5motion of censure- requiring the ommission-s mass resignation.

@ore generall!% $arliament e6ercises control b! regularl! e6amining reports sent to it b! the

ommission (the annual general report% reports on the implementation of the budget% etc.).

@oreover% @E$s regularl! ask the ommission questions &hich the commissioners are legall!

required to ans&er.

$arliament also monitors the &ork of the ouncil/ @E$s regularl! ask the ouncil questions% andthe $resident of the ouncil attends the E$-s plenar! sessions and takes part in important debates.



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$arliament can e6ercise further democratic control b! e6amining petitions from citi'ens and

setting up committees of inquir!.

4inall!% $arliament provides input to ever! EU summit (the European ouncil meetings). At theopening of each summit% the $resident of $arliament is invited to e6press $arliament-s vie&s and

concerns about topical issues and the items on the European ouncil-s agenda.

". The power of the purse

The EU-s annual budget is decided #ointl! b! $arliament and the ouncil. $arliament debates it in

t&o successive readings% and the budget does not come into force until it has been signed b! the

$resident of $arliament.

$arliament-s ommittee on udgetar! ontrol monitors ho& the budget is spent. In addition% the

$arliament each !ear decides &hether to approve the ommission-s handling of the budget. This

approval process is technicall! kno&n as 5granting a discharge-.

How is %ariament2s work organised$

$arliament-s &ork is divided into t&o main stages.

%reparing for the penar( session. @E$s debate the ommission-s proposals in committees

that specialise in particular areas of EU activit! and on the basis of a report prepared b! one

of the committee members% the so called 5rapporteur-. The report gives the background and

the pros and cons of the proposal. The issues for debate are also discussed b! the political

groups.

The penar( session. Each !ear% :7 fourda! plenar! sessions are held in Strasbourg and si6t&oda! sessions are held in russels. At these sessions% $arliament e6amines proposed

legislation and votes on amendments before deciding on the te6t as a &hole.

2ther agenda items ma! include ommission 5communications- setting out its intentions in a

particular sphere% or questions to the ommission or ouncil about &hat is going on in the EU or

the &ider &orld.



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The Counci of the European Union: &oice of the

mem)er states

'e( facts

1ole/ egislative (in some fields e6ecutive) arm of the EU9 represents the member states.

@embers/ 2ne minister from each EU countr!

$residenc!/ 1otates ever! si6 months@eetings/ In russels (elgium)% e6cept in April% 0une and 2ctober (u6embourg).

Address/ 1ue de la oiF,etstraat :8=% :?D; russels

Tel. (>77) 7;= : ::

Internet/ consilium.europa.eu

The ouncil is the EU-s main decisionmaking bod!. ike the European $arliament% the ouncil

&as set up b! the founding Treaties in the :


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the ministers at normal ouncil meetings). Biven the importance of European ouncil

discussions% the! often go on late into the night and attract a lot of media attention.

#hat does the Counci do$

The ouncil has si6 ke! responsibilities.

:. To pass EU la&s " #ointl! &ith the European $arliament in man! polic! areas.

7. To coordinate the broad economic and social policies of the member states.

>. To conclude international agreements bet&een the EU and other countries or international

organisations.

D. To approve the EU-s budget% #ointl! &ith the European $arliament.

=. To define and implement the EU-s common foreign and securit! polic! (4S$) based on

guidelines set b! the European ouncil.

. To coordinate cooperation bet&een the national courts and police forces in criminal matters.

@ost of these responsibilities relate to the 5ommunit!- domain " i.e. areas of action &here the

member states have decided to pool their sovereignt! and delegate decisionmaking po&ers to the

EU institutions. This domain is the 5first pillar- of the European Union.

+o&ever% the last t&o responsibilities relate largel! to areas in &hich the EU countries have not

delegated their po&ers but are simpl! &orking together. This is called 5intergovernmental

cooperation- and it covers the second and third 5pillars- of the European Union.

The ouncil-s &ork is described in greater detail belo&.

1. 3egisation

The bulk of the ouncil-s &ork is in passing legislation in areas &here the EU has pooled its

sovereignt!. The most common procedure for this is 5codecision-% &here EU legislation isadopted #ointl! b! the ouncil and $arliament on the basis of a proposal from the ommission. In

some areas% the ouncil has the final &ord but onl! on the basis of a ommission proposal andonl! after having taking into account the vie&s of the ommission and the $arliament (see above/

5+o& the EU takes decisions-).

!. Coordinating the poicies of mem)er states

The EU countries have decided that the! &ant an overall economic polic! based on close

coordination bet&een their national economic policies. This coordination is carried out b! the

economics and finance ministers% &ho collectivel! form the Economic and 4inancial Affairs

(Ecofin) ouncil.

The! also &ant to create more #obs and to improve their education% health and social protection

s!stems. Although each EU countr! is responsible for its o&n polic! in these areas% the! can

agree on common goals and learn from each other-s e6perience of &hat &orks best. This processis called the 5open method of coordination-% and it takes place &ithin the ouncil.



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that as!lum seekers are assessed and treated in the same &a! throughout the EU% so as to

prevent 5as!lum shopping-.

Issues such as these are dealt &ith b! the 0ustice and +ome Affairs ouncil " i.e. the

ministers for #ustice and of the interior. The aim is to create a single 5area of freedom% securit!

and #ustice- &ithin the EU-s borders.

How is the Counci2s work organised$

The Counci presidenc(

The presidenc! of the ouncil rotates ever! si6 months. In other &ords% each EU countr! in turn

takes charge of the ouncil agenda and chairs all the meetings for a si6month period% promoting

legislative and political decisions and brokering compromises bet&een the member states.

The 8enera ,ecretariat

The presidenc! is assisted b! the Beneral Secretariat% &hich prepares and ensures the smooth

functioning of the ouncil-s &ork at all levels.

In 7??D% 0avier Solana &as reappointed Secretar!Beneral of the ouncil. +e is also +igh

1epresentative for the common foreign and securit! polic! (4S$) and in this capacit! he helps

coordinate the EU-s action on the &orld stage.

The Secretar!Beneral is assisted b! a 3eput! Secretar!Beneral in charge of managing the

Beneral Secretariat.

Coreper

In russels% each EU countr! has a permanent team (5representation-) that represents it and

defends its national interest at EU level. The head of each representation is% in effect% that

countr!-s ambassador to the EU.

These ambassadors are kno&n as 5permanent representatives- and meet &eekl! &ithin the

$ermanent 1epresentatives ommittee (oreper). The role of this committee is to prepare the

&ork of the ouncil% &ith the e6ception of most agricultural issues% &hich are handled b! the

Special ommittee on Agriculture. oreper is assisted b! a number of &orking groups% attended

b! officials from the representations or national administrations.

,ecurit( and defence

The ouncil is assisted b! a separate structure in matters of securit! and defence/

the $olitical and Securit! ommittee ($S)% &hich is to this cooperation &hat oreper is to

other t!pes of decision9

the European Union @ilitar! ommittee (EU@)% made up of the member states- hiefs of

3efence Staff9 and



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the European Union @ilitar! Staff (EU@S)% composed of militar! and civilian e6perts

seconded to the ouncil Secretariat b! the member states9

the ommittee for the ivilian Aspects of risis @anagement.

How man( &otes per countr($

3ecisions in the ouncil are taken b! vote. The bigger the countr!-s population% the more votes it

has% but the numbers are &eighted in favour of the less populous countries/

4rance% Berman!% Ital! and the United Cingdom 7

elgium% 'ech 1epublic% Breece% +ungar! and $ortugal :7

Austria% ulgaria% S&eden :?

3enmark% 4inland% Ireland% ithuania and Slovakia 8

!prus% Estonia% atvia% u6embourg and Slovenia D@alta >

Total "40

9uaified ma7orit( &oting

In some particularl! sensitive areas such as common foreign and securit! polic!% ta6ation% as!lum

and immigration polic!% ouncil decisions have to be unanimous. In other &ords% each member

state has the po&er of veto in these areas.

2n most issues% ho&ever% the ouncil takes decisions b! 5qualified ma#orit! voting-.

A qualified ma#orit! is reached/

if a ma#orit! of member states (in some cases a t&othirds ma#orit!) approve9

and

if a minimum of 7== votes is cast in favour " &hich is 8>.


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The European Commission: promoting the common

interest

'e( facts

1ole/ E6ecutive arm of the EU and initiator of legislative proposals

@embers/ 78/ one from each of the member states.

Term of office/ 4ive !ears (7??DK?77) 7


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The ommission remains politicall! accountable to $arliament% &hich has the po&er to dismiss

the &hole ommission b! adopting a motion of censure. Individual members of the ommission

must resign if asked to do so b! the $resident and the other commissioners approve.

The ommission is represented at all sessions of $arliament% &here it must clarif! and #ustif! its

policies. It also replies regularl! to &ritten and oral questions posed b! @E$s.

The da!toda! running of the ommission is in the hands of administrative officials% e6perts%

translators% interpreters and secretarial staff. There are appro6imatel! 7> ??? of these European

civil servants. That ma! sound a lot% but in fact it is fe&er than the number of staff emplo!ed b! a

t!pical mediumsi'ed cit! council in Europe.

#here is the Commission )ased$

The 5seat- of the ommission is in russels (elgium)% but it also has offices in u6embourg%

representations in all EU countries and delegations in man! capital cities around the &orld.

#hat does the Commission do$

The European ommission has four main roles/

:. to propose legislation to $arliament and the ouncil9

7. to manage and implement EU policies and the budget9

>. to enforce EU la& (#ointl! &ith the ourt of 0ustice)9

D. to represent the European Union on the international stage% for e6ample b! negotiating

agreements bet&een the EU and other countries.

1. %roposing new egisation

The ommission has the 5right of initiative-. In other &ords% the ommission alone is responsible

for dra&ing up proposals for ne& EU legislation% &hich it presents to $arliament and the ouncil.

These proposals must aim to defend the interests of the Union and its citi'ens% not those of

specific countries or industries.

efore making an! proposals% the ommission must be a&are of ne& situations and problems

developing in Europe% and it must consider &hether EU legislation is the best &a! to deal &ith

them. That is &h! the ommission is in constant touch &ith a &ide range of interest groups and&ith t&o advisor! bodies " the European Economic and Social ommittee and the ommittee

of the 1egions. It also takes the opinions of national parliaments and governments into account.

The ommission &ill propose action at EU level onl! if it considers that a problem cannot be

solved more efficientl! b! national% regional or local action. This approach of dealing &ith issues

at the lo&est possible level is called the 5subsidiarit! principle-.

If the ommission concludes that EU legislation is needed% then it drafts a proposal that it

believes &ill deal &ith the problem effectivel! and satisf! the &idest possible range of interests.

To get the technical details right the ommission consults e6perts% via various advisor!

committees and consultative groups. 4requentl!% it publishes 5Breen- and 5,hite- papers% holds



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hearings% seeks the vie&s of civil societ! and commissions specialist e6pert reports% and often

consults the public directl! before it makes a proposal in order to ensure that it has as complete a

picture as possible.

!. Impementing EU poicies and the )udget

As the European Union-s e6ecutive bod!% the ommission is responsible for managing andimplementing the EU budget. @ost of the actual spending is done b! national and local

authorities% but the ommission is responsible for supervising it " under the &atchful e!e of the

ourt of Auditors. oth institutions aim to ensure good financial management. 2nl! if it is

satisfied &ith the ourt of Auditors- annual report does the European $arliament grant the

ommission discharge for implementing the budget.

The ommission also has to implement decisions taken b! $arliament and the ouncil% such as

those relating to the common agricultural polic!% fisheries% energ!% regional development% the

environment% or !outh and educational training and e6change schemes% such as the Erasmus

programme. It also pla!s a ma#or role in competition polic! in order to ensure that businesses

operate on a level pla!ing field. The ommission ma! prohibit mergers bet&een companies if it

thinks the! &ill lead to unfair competition. The ommission also has to make sure that EUcountries do not distort competition through e6cessive subsidies to their industries.

". Enforcing European aw

The ommission acts as 5guardian of the Treaties-. This means that the ommission% together

&ith the ourt of 0ustice% is responsible for making sure EU la& is properl! applied in all the

member states.

If it finds that an EU countr! is not appl!ing an EU la&% it launches a process called the

5infringement procedure-. The first step is to send the government an official letter% sa!ing &h!

the ommission considers this countr! is infringing EU la& and setting it a deadline for sending a

detailed e6planation.

If the member state does not have a satisfactor! e6planation or put matters right% the ommission

&ill send another letter confirming that EU la& has been infringed and setting a deadline for it to

be corrected. If the member state still fails to compl!% the ommission &ill refer the matter to the

ourt of 0ustice to decide. The ourt-s #udgements are binding on the member states and the EU

institutions. In cases &here member states continue failing to adhere to a #udgment% the ourt canimpose financial sanctions.

4. epresenting the EU on the internationa stage

The European ommission is an important spokesperson for the European Union on the

international stage. It is the voice of the EU in international forums such as the ,orld Trade2rganisation% in negotiations on the international climate change agreement% the C!oto $rotocol%and the EU-s important aid and trade partnership &ith developing countries in Africa% the

aribbean and the $acific% kno&n as the otonou Agreement.

The ommission also speaks and negotiates on behalf of the EU in areas &here the member states

have pooled sovereignt!. This is done on the basis of agreements reached in advance &ith the

states.



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How is the Commission2s work organised$

It is up to the ommission $resident to decide &hich commissioner &ill be responsible for &hich

polic! area% and to reshuffle these responsibilities (if necessar!) during the ommission-s term of

office.

The ommission generall! meets once a &eek% usuall! on ,ednesda!s% and usuall! in russels.

Each item on the agenda is presented b! the commissioner responsible for that polic! area% and

the &hole team then takes a collective decision on it.

The ommission-s staff is organised in departments% kno&n as 5directoratesgeneral- (3Bs) and

5services- (such as the egal Service). Each 3B is responsible for a particular polic! area and is

headed b! a directorgeneral &ho is ans&erable to one of the commissioners. 2verall

coordination is provided b! the SecretariatBeneral% &hich also manages the &eekl! ommission

meetings. It is headed b! the Secretar!Beneral% &ho is ans&erable directl! to the $resident.

It is the 3Bs that actuall! devise and draft legislative proposals% but these proposals becomeofficial onl! &hen 5adopted- b! the ommission at its &eekl! meeting. The procedure is roughl!

as follo&s.

Suppose% for e6ample% that the ommission sees a need for EU legislation to prevent pollution of

Europe-s rivers. The 3irectorateBeneral for the Environment &ill dra& up a proposal% based on

e6tensive consultations &ith European industr!% farming and environmental organisations% and

environment ministries in the EU countries. The draft &ill also be discussed &ith other

ommission departments &ith an interest in this topic% and checked b! the egal Service and the

SecretariatBeneral.

2nce the proposal is full! read!% it &ill be put on the agenda of a ommission meeting. If at least

:D of the 78 commissioners approve the proposal% the ommission &ill adopt it and it &ill havethe &hole team-s unconditional support. The document &ill then be sent to the ouncil and the

European $arliament for them to decide on the proposal. The ommission ma! subsequentl!

make amendments in the light of the comments from these t&o institutions and then send the

proposal back for final approval.



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The Court of ;ustice: uphoding the aw

'e( facts

1ole/ To give legal #udgments on cases brought before it.

ourt of 0ustice/ 2ne #udge from each EU countr!9 eight advocatesgeneralourt of 4irst Instance/ At least one #udge from each EU countr! (78 in 7??8)

ivil Service Tribunal/ Seven #udges

Term of office/ 1ene&able terms of si6 !earsAddress/ oulevard Conrad Adenauer% 7=7) D> ?>:

Internet/ curia.europa.eu

The ourt of 0ustice of the European ommunities (often referred to simpl! as 5the ourt-) dates

back to the ver! first of the EU Treaties% the ES Treat!of : #udges or in chambers of five or three #udges.

The ourt is assisted b! eight 5advocatesgeneral-. Their role is to present opinions on the cases

brought before the ourt. The! must do so publicl! and impartiall!.

The #udges and advocatesgeneral are people &hose impartialit! is be!ond doubt. The! have the

qualifications or competence needed for appointment to the highest #udicial positions in their

home countries. The! are appointed to the ourt of 0ustice b! #oint agreement bet&een the

governments of the EU member states. Each is appointed for a term of si6 !ears% &hich ma! be

rene&ed.

To help the ourt of 0ustice cope &ith the large number of cases brought before it% and to offer

citi'ens better legal protection% a ourt of 4irst Instance &as created in :


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Skouris &as elected $resident of the ourt of 0ustice in 7??>. @arc 0aeger is the current $resident

of the ourt of 4irst Instance. $aul 0. @ahone! has been $resident of the ivil Service Tribunal

since 7??=.

#hat does the Court do$

The ourt gives rulings on cases brought before it. The five most common t!pes of case are/

:. references for a preliminar! ruling9

7. actions for failure to fulfil an obligation9

>. actions for annulment9

D. actions for failure to act9

=. actions for damages.

The! are each described in greater detail belo&.

1. The preiminar( ruing procedure

The national courts in each EU countr! are responsible for ensuring that EU la& is properl!

applied in that countr!. ut there is a risk that courts in different countries might interpret EU la&in different &a!s.

To prevent this happening% there is a 5preliminar! ruling procedure-. This means that if a national

court is in an! doubt about the interpretation or validit! of an EU la& it ma!% and sometimes

must% ask the ourt of 0ustice for advice. This advice is given in the form of a 5preliminar!

ruling-.

!. Actions for faiure to fufi an o)igation

The ommission can start these proceedings if it has reason to believe that a member state is

failing to fulfil its obligations under EU la&. These proceedings ma! also be started b! another

EU countr!.

In either case% the ourt investigates the allegations and gives its #udgment. The accused member

state% if it is indeed found to be at fault% must set things right at once. If the ourt finds that the

member state has not complied &ith its #udgment% it ma! impose a fine on that countr!.

". Actions for annument

If an! of the member states% the ouncil% the ommission or (under certain conditions)

$arliament believes that a particular EU la& is illegal% the! ma! ask the ourt to annul it.

These 5actions for annulment- can also be used b! private individuals &ho &ant the ourt to

cancel a particular la& because it directl! and adversel! affects them as individuals.

If the ourt finds that the la& in question &as not correctl! adopted or is not correctl! based on

the Treaties% it ma! declare the la& null and void.



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4. Actions for faiure to act

The Treat! requires the European $arliament% the ouncil and the ommission to make certain

decisions under certain circumstances. If the! fail to do so% the member states% the other EU

institutions and (under certain conditions) individuals or companies can lodge a complaint &iththe ourt so as to have this failure to act officiall! recorded.

0. Actions for damages

An! person or compan! &ho has suffered damage as a result of the action or inaction of the

ommunit! or its staff ma! bring an action seeking compensation before the ourt of 4irst

Instance.

How is the Court2s work organised$

ases are submitted to the registr! and a specific #udge and advocategeneral are assigned to each

case.

The procedure that follo&s is in t&o stages/ first a &ritten and then an oral phase.

At the first stage% all the parties involved submit &ritten statements and the #udge assigned to the

case dra&s up a report summarising these statements and the legal background to the case.

Then comes the second stage " the public hearing. 3epending on the importance and comple6it!

of the case% this hearing can take place before a chamber of three% five or :> #udges% or before the

full ourt. At the hearing% the parties- la&!ers put their case before the #udges and the advocate

general% &ho can question them. The advocategeneral then gives his or her opinion% after &hichthe #udges deliberate and deliver their #udgment. This &ill not necessaril! follo& the opinion of

the advocategeneral.

0udgments of the ourt are decided b! a ma#orit! and pronounced at a public hearing. 3issenting

opinions are not e6pressed. 3ecisions are published on the da! of deliver!.

The procedure in the ourt of 4irst Instance is similar% e6cept that there is no opinion from an

advocategeneral.



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The European Court of Auditors: getting &aue for (our

mone(

'e( facts

1ole/ To check that EU funds are used properl!

@embers/ 2ne from each EU countr!

Term of office/ @embers are appointed for a rene&able term of si6 !ears

Address/ :7 rue Alcide de Basperi% ::= u6embourgTel. (>=7) D>


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How is the court2s work organised$

The ourt of Auditors has appro6imatel! ;?? staff% including translators and administrators as

&ell as auditors. The auditors are divided into 5audit groups-. The! prepare draft reports on &hichthe court takes decisions.

The auditors frequentl! go on tours of inspection to the other EU institutions% the member states

and an! countr! that receives aid from the EU. Indeed% although the court-s &ork largel! concerns

mone! for &hich the ommission is responsible% more than ;?J of EU e6penditure is managed

b! the nationalauthorities.

The ourt of Auditors has no legal po&ers of its o&n. If auditors discover fraud or irregularities

the! inform 2A4 " the European Anti4raud 2ffice. 2A4 is a department of the European

ommission &ith a special status &hich ensures total autonom!.



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The European Economic and ,ocia Committee: &oice

of ci&i societ(

'e( facts

1ole/ 1epresents organised civil societ!

@embers/ >DD

Term of office/ 4our !ears

@eetings/ russels% monthl!Address/ 1ue elliard


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The ommittee-s opinions are for&arded to the larger institutions " the ouncil% the

ommission and the European $arliament. It must be consulted before decisions are taken on

economic and social% regional and environment polic!. It thus has a ke! role to pla! in the

Union-s decisionmaking process.The EES is a bridge bet&een the Union and its citi'ens%promoting a more participator!% more inclusive and therefore more democratic societ! in Europe.

#ho are the EE,C2s mem)ers$

,orking mostl! in their countries of origin the members of the ommittee form three groups that

represent emplo!ers% emplo!ees% and various other economic and social interests.

The Emplo!ers- Broup has members from private and public sectors of industr!% small and

mediumsi'ed businesses% chambers of commerce% &holesale and retail trade% banking and

insurance% transport and agriculture.

The Emplo!ees- Broup represents all categories of emplo!ees% from manual to e6ecutive. Its

members come from national trade union organisations.

The Marious Interests Broup represents nongovernmental organisations (B2s)% farmers-

organisations% small businesses% crafts and professions% cooperatives and nonprofit associations%

consumer and environmental organisations% the scientific and academic communities% and

associations that represent the famil! and the disabled.



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The Committee of the egions: &oice of regiona and

oca go&ernment

'e( facts

1ole/ 1epresents regional and local authorities

@embers/ >DD

Term of office/ 4our !ears

@eetings/ russels% five plenar! sessions per !earAddress/ 1ue elliard :?:% :?D? russels

Tel. (>77) 7;7 77 ::

Internet/ cor.europa.eu

Set up in :


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The European In&estment


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The European Centra .

#hat does the


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The European =m)udsman: in&estigating (our

compaints

'e( facts

1ole/ To uncover cases of maladministration and propose solutions

Term of office/ 4ive !ears% rene&able

Address/ :% Avenue du $rLsident 1obert Schuman% .$. D?>

48??: StrasbourgTel. (>>) >;; :8 7> :>

Internet/ ombudsman.europa.eu

The position of European 2mbudsman &as created b! the Treat! on European Union in : and &as reelected in 0anuar! 7??= for a five!ear term.

#hat does the =m)udsman do$

+e investigates 5maladministration- in the European Union institutions and bodies.

5@aladministration- means poor or failed administration " in other &ords% &hen an institution

fails to act in accordance &ith the la&% or fails to respect the principles of good administration% or

violates human rights. Some e6amples are/

unfairness%

discrimination%

abuse of po&er%

lack or refusal of information%

unnecessar! dela!%

incorrect procedures.

The 2mbudsman carries out investigations follo&ing a complaint or on his o&n initiative. +e

operates completel! independentl! and impartiall!. +e does not request or accept instructions

from an! government or organisation.

How do I compain to the =m)udsman$

If !ou &ant to complain about maladministration b! an EU institution or bod!% the first thing to

do is contact that institution or bod! through the usual administrative channels and tr! to get them

to put the situation right.

If that approach fails% !ou can complain to the European 2mbudsman.



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ou must make !our complaint to the 2mbudsman &ithin t&o !ears of the date on &hich !ou

became a&are of the act of maladministration. ou must clearl! state &ho !ou are% &hich

institution or bod! !ou are complaining about% and &hat problem !ou are complaining about. ou

ma! ask for the complaint to remain confidential.

4or practical guidance on making !our complaint% go to the 2mbudsman-s &ebsite/ombudsman.europa.eu

#hat resut can I e>pect$

If the 2mbudsman cannot deal &ith !our complaint " for e6ample% if it has alread! been the

sub#ect of a court case " he &ill do his best to advise !ou &hich other bod! ma! be able to help.

To resolve !our problem% the 2mbudsman ma! simpl! need to inform the institution or bod!concerned. If the problem is not cleared up during his enquiries% the 2mbudsman &ill tr! to find a

friendl! solution &hich puts the matter right and satisfies !ou.

If this fails% the 2mbudsman can make recommendations to resolve the issue. If the institution

concerned does not accept his recommendations% he can make a special report to the European

$arliament so that it can take &hatever political action is necessar!.

Ever! !ear% the 2mbudsman presents the European $arliament &ith a report on all his &ork.



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Agencies

An agenc( is not an EU institution: it is a )od( set up )( a specific piece of EU egisation to

carr( out a particuar task. *ot a EU agencies ha&e the word ?agenc(2 in their officia tite:

the( ma( instead )e caed+ for e>ampe+ a Centre+ 6oundation+ Institute+ or =ffice.

Communit( 6isheries Contro Agenc( @C6CAocation/ Migo% Spain (provisional headquarters/ russels% elgium)%

ec.europa.euFcfcaFinde6Nen.htm

This agenc! promotes and coordinates effective and uniform compliance &ith the rules of thecommon fisheries polic!% in particular the protection of fish stocks.

Communit( %ant Bariet( =ffice @C%B=ocation/ Angers% 4rance

&&&.cpvo.europa.eu

The $M2 administers a s!stem of plant variet! rights% equivalent to a patent for ne& plant

varieties. These are protected for 7= or >? !ears depending on the t!pe of plant.

Education+ Audio&isua and Cuture E>ecuti&e Agenc( @EACEAocation/ russels% elgium

eacea.ec.europa.eu

This agenc! manages the practical aspects of the EU programmes &hich provide funding for

!outh% student and teacher programmes% and cultural and media activities.

Euro7ust

ocation/ The +ague% etherlandseuro#ust.europa.eu

Euro#ust helps investigators and prosecutors across the EU &ork together in fighting crossborder

crime. It pla!s a ke! role in the e6change of information and e6tradition.

European Agenc( for the anagement of =perationa Coordination at

the E>terna ocation/ ,arsa&% $oland

fronte6.europa.eu

4ronte6 assists the EU countries in implementing EU rules on e6ternal border controlsconsistentl! and in returning illegal immigrants to their countries of origin.

European Agenc( for econstruction @EAocation/ Thessaloniki% Breece

ear.europa.eu

The EA1 manages EU programmes for providing assistance &ith reconstruction% and economic

and social development% to &ardamaged countries in the alkan region.



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European onitoring Centre for rugs and rug Addiction

@ECAocation/ isbon% $ortugal

emcdda.europa.eu

The centre is a source of ob#ective% reliable and comparable information on drugs and drugaddiction in order to help polic!makers identif! common problems and goals.

European *etwork and Information ,ecurit( Agenc( @E*I,Aocation/ +eraklion (rete)% Breece

enisa.europa.eu

EISA helps ensure that information net&orks and the data the! carr! are secure b! collecting

information% anal!sing risks% raising a&areness and promoting best practice.

European %oice Coege @CE%=3ocation/ ramshill% United Cingdom

cepol.net

The college trains senior EU police officials and prepares training programmes for middle

ranking officers% &ith a particular emphasis on combating crossborder crime.

European %oice =ffice @Europoocation/ The +ague% etherlands

&&&.europol.europa.eu

Europol aims at improving the effectiveness and cooperation of la& enforcement authorities in

the EU countries in their fight against international organised crime.

European aiwa( Agenc( @EAocation/ illeFMalenciennes% 4rance

&&&.era.europa.eu

This agenc! &orks on common approaches to rail&a! safet! and common standards for

interoperabilit! of rail&a!s to pave the &a! for a full! integrated EU net&ork.

European Training 6oundation @ET6ocation/ Turin% Ital!etf.europa.eu

The ET4 helps improve vocational training in nonEU countries% mainl! around the@editerranean% in eastern Europe and in 1ussia.

European Union Agenc( for 6undamenta ights @6Aocation/ Mienna% Austriafra.europa.eu

http://www.era.europa.eu/http://www.era.europa.eu/


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This agenc! collects and disseminates ob#ective% and comparable information on fundamental

rights matters% and advises on ho& to promote these rights. This can be racism and 6enophobia

but also other fundamental rights.

European Union Institute for ,ecurit( ,tudies @EUI,,ocation/ $aris% 4rance

&&&.isseu.org

The institute aims to help create a common European securit! culture% to enrich the strategic

debate% and s!stematicall! to promote the securit! interests of the Union.

European Union ,ateite Centre @EU,Cocation/ Torre#On de Ardo'% Spain

&&&.eusc.europa.euF

The centre collects and anal!ses data and images from earth observation satellites in support of

EU foreign and securit! polic! priorities and humanitarian activities.

E>ecuti&e Agenc( for the %u)ic Heath %rogramme @%HEAocation/ u6embourg

ec.europa.euFphea

$+EA manages the practicalities of EU funding programmes for public health pro#ects% and feeds

the results back to publichealth stakeholders and polic!makers.

=ffice for Harmonisation in the Interna arket @Trade arks and

esigns @=HIocation/ Alicante% Spain

&&&.oami.europa.eu

The office registers trade marks and designs. These are then valid across the EU. This s!stem

e6ists sideb!side &ith the individual EU countries- domestic registration s!stems.

Transation Centre for the

assignment on how to european union works

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