EU Frameworks I

Historical Background
and Institutions
7 February 2011
Christine Rinik

• Foster Wheeler Building 208

• Email Christine.Rinik@winchester.ac.uk
• Email me or see me after class to arrange an
office appointment to discuss any questions
relating to EU law that have not been
addressed in class
Topics to be covered in EU Law

1. Historical background
2. Main institutions
3. Supremacy of EU law
4. Direct and indirect effect of EU law
 Historical Background

WWI
Treaty of Versailles 1919
WWII
“The first step in the recreation of the
European family must be a partnership
between France and Germany.”
Churchill
 ECSC

European Coal and Steel Community

(Treaty of Paris) ECSC 1952
France, West Germany, Italy, Luxembourg,
the Netherlands, and Belgium
50 year term
 Treaties of Rome signed 1957

European Economic Community (EEC Treaty)

• No termination date
• Common market
European Atomic Energy Community
(EURATOM)
• No termination date
• Research/peaceful use/security
European Economic Community

Most important of the three

communities
Framework for economic co-operation
Institutions--main
• Commission—supranational decisions
• Council
• Parliament
• European Court of Justice
Merger Treaty 1965

By 1959 there were three communities

• European Coal and Steel Community
• European Economic Community
• European Atomic Energy Community

Under the Merger Treaty the three

communities shared the same institutions
(rationalisation)
UK joins the European
Community in 1973
Treaty of Accession 1972

European Communities Act 1972—Act

of UK Parliament

Also joined at this time: Denmark and

Ireland
Single European Act 1986

Treaty signed by the MS

Amended the three founding treaties
Intended to strengthen the internal market
• Increasing cooperation beyond purely
economic areas
• Extend the legislative power of the
European Parliament
• Established the European Council—political
body
Maastricht Treaty 1992
Called the Treaty on European Union (TEU)
• Main purpose was to establish the foundations of an
ever closer union among the people of Europe
• Changed EEC to EC
• Created two new “Pillars” outside the three European
Communities—inter-governmental
• Common foreign & Security Policy—2nd Pillar
• Justice and Home Affairs—3rd Pillar
TEU Organisation

Title I: Common provisions

Title II: Amendments to EEC Treaty
Title III: Amendments to ECSC Treaty
Title IV: Amendments to EURATOM Treaty
Title V Common foreign and Security Policy
Title VI: Cooperation in Justice and Home
affairs
Title VI: Concluding Provisions
Treaty on the European Union
(TEU)
The Union shall be founded on the European
Communities, supplemented by the policies
and forms of cooperation established by this
Treaty
Changed name of European Economic
Community to European Community (EC)
because the activities of the EC were seen to
extend beyond the realm of economics
alone
Treaty on the European Union

General aims

• Closer union among the people of Europe

• Economic and social progress and high
level of employment
• Single currency
• EU Citizenship
The Pillar Structure of the EU (pre
Lisbon Treaty) NO LONGER EXISTS!

EU

EEC
EURATOM
Common Foreign and
Security Policy ECSC (til 2002)

2nd Pillar 1st Pillar

Cooperation on Justice
and Home Affairs
3rd Pillar
Treaty on the European Union
NB 2nd and 3rd pillars were inter-governmental—
Only 1st pillar was supranational
All three pillars comprised the European Union
Steps toward economic and monetary union—
the Euro
Created citizenship of the EU (now Art 20
TFEU)
TEU Cont’d

Extended EU Competence—
Allocation of powers between European
Communities and MS based on (see Art 5
TEU)
As EU competence increases, national
influence arguably diminishes
Areas of co-operation
• Asylum
• Immigration
• Policy on fighting drug addiction
• Policy on international fraud
• Judicial cooperation in civil matters
• Judicial cooperation in criminal matters
• Combating terrorism/drug trafficking
Treaty of Amsterdam 1997
Amends both the TEU and the EC Treaty
Art 6(1)TEU (Now Art 2 TEU)
• EU founded on values of “respect for human
dignity, freedom, democracy, equality, the rule of
law and respect for human rights including the
rights of persons belonging to minorities. These
values are common to the MS in a society in
which pluralism, non-discrimination , tolerance,
justice, solidarity and equality between men and
women prevail.”
Treaty of Amsterdam 1997

Timetable for the European Monetary Union--

introduction of the Euro
Provided for suspension of rights of a MS that
violated basic human rights
Increased role of European Parliament
Treaty of Lisbon 2009

European council approved in December

2007
Ratified by all MS and entered into force on
1 December 2009
Does not replace the TEU and EC Treaties—
but re-numbers and amends both and
changes the name of the EC Treaty to the
Treaty on the Functioning of the
European Union (TFEU)
Treaty of Lisbon (Reform Treaty)

Article 1 amends the TEU

Article 2 amends the EC Treaty and
renames it the Treaty on the Functioning
of the European Union (TFEU)
Article 3-7 final provisions
Merges the three pillars into a single
EUROPEAN UNION. We will no longer
speak of the three pillars of the EU.
NB Our Treaty references will not be to the
Treaty of Lisbon but to the TEU and the
TFEU (following their amendment by
Lisbon)
The EU’s objectives are in Art 3 TEU
Articles 9-12 TEU set out the democratic
principles which regulate the functioning
of the EU.
Split of authority between MS and
EU
Art 3 TFEU –EU has exclusive Competence, inter
alia:
• Customs union
• Establishing competition rules for common
market
• Monetary policy for the MS who adopted euro
• Common commercial policy
• Conclusion of specific international agreements
Art 4 TFEU—the EU and MS have shared
competence in these areas:
• Internal market
• Agriculture and fisheries
• Environment
• Consumer Protection
• Transport
• Energy
• Security
Art 6 TFEU –Areas where EU carries out
actions to support/supplement MS
• Protection/improvement of human health
• Industry
• Culture
• Tourism
• Education, sport
• Civil protection
• Administrative cooperation
How does a state join the EU?
Copenhagen Criteria 1993 (Art 49 TEU):
• Be a stable democracy, respecting human rights, the rule of
law and the protection of minorities;
• Have a functioning market economy; and
• Adopt the common rules, standards and policies that make up
the body of EU law.
• (Although not mentioned in the Copenhagen criteria the fourth
criteria is geographical—the candidate must be a European
state)
• Subject to a vote
Withdrawal of a MS from the EU

NB that the Treaty of Lisbon also provides

for voluntary withdrawal from the EU
which may occur at anytime. The MS
must notify the European Council and
follow the procedure set out in Art 50
TEU.
Euro

Membership in EU does not automatically

give the MS the ability to join the Euro—
this is based on separate criteria:
• Price stability
• Sustainable government finances
• Stable exchange rate and convergence in
long-term interest rates
Criteria is reviewed by Commission and
European Central Bank
Treaty of Lisbon

Changes are very new

Still understanding the implications
Under TOL there are 7 main institutions
Generally the framework is set out in TEU
Articles 13-19; additional details
provided in TFEU principally in Articles
223-287
Also refer to each institution’s web site
EU Institutions

There are 7 under the TOL (Art 13 TEU)

The European Council
The Council
The European Commission
The European Parliament
The European Court of Justice
The European Central Bank
The Court of Auditors
Some of the other bodies of the
EU
Here a just a few:
European Environmental Agency—Copenhagen,
Denmark
Office for harmonization in the Internal Market—
Alicante, Spain
Europol—The Hague, The Netherlands
European Agency for Evaluation of Medical
Products—London
EU Agency for Fundamental Rights—Vienna,
Austria
Languages

23 Official Languages
All equal in rank and status
All language versions of the Treaties and community
measures are equally authentic
Official meetings conducted in all official languages with
simultaneous translation
All official documents in 23 Languages
But French and English are the “working languages”
EUROPEAN COUNCIL

1. Not to be confused with the COUNCIL!!!

2. Consists of the heads of
state/government, its president and the
president of the commission assisted by
ministers for foreign affairs (Art 15 TEU)
3. Meets twice every 6 months
4. Decisions normally by consensus
EUROPEAN COUNCIL

Main functions
1. Platform to exchange informal views among
leaders (represents the Member States)
2. Political direction for development of EU
3. Settles sensitive matters (deliberations
confidential)
4. Gives general guidance
The Council of the EU

Previously called the COUNCIL of MINISTERS, now

referred to simply as the COUNCIL (Art 13 TEU)
Made up of a representative of each MS at
ministerial level who has authority to commit the
government of the MS in question and cast its
vote (Art 16 TEU)
Principal legislative institution of the EU—
represents the interest of each MS
Can work in different configurations pursuant to
TFEU 236—different ministers for different issues
 COUNCIL
Membership is fluid not static—depending on
the issue presented
For example if there was an issue relating to the
control of the pollution in European rivers
then it is expected that the Minister for the
Environment for the various MS would attend;
whereas if the issue was improving the ability
to move goods by train throughout the EU
then the Minister of Transport from each MS
might participate
Council--Configurations

Configurations (or sub-groups)

• General Affairs and External Relations
• Economic and Financial Affairs
• Justice and Home Affairs
• Employment, Social Policy, Health/Consumer
• Competition (Internal market, Industry/Research)
• Transport, Telecommunications and Energy
• Agriculture and Fisheries
• Environment
• Education, Youth and Culture
 Council-- Key Responsibilities

1. To pass European laws—often jointly with the EP in

many policy areas. (Generally acting on a proposal
from the Commission)
2. To co-ordinate the broad economic policies of MS
3. To conclude international agreements
4. To approve the EU’s budget
5. To develop the EU’s common foreign and security
policy based on guidelines from the European
Council
6. To co-ordinate co-operation between the national
courts and police forces in criminal matters.
Ordinary Legislative Procedure
Art 294 TFEU in outline
• Commission gives proposal to EP and Council
• EP adopts position and tells Council
• If Council approves EP’s position—adopted
• If Council not approve—tell its position to EP
• Second reading EP can approve/reject/amend
• Council can approve or convene Conciliation
Committee
• Conciliation Committee—attempt reconcile EP
and Council positions
• Third reading—approve or reject
Council voting

The number of votes given to any MS are

based on the country’s population—from
the largest number for Germany, France,
Italy and UK (29) to the smallest for Malta
(3)
European Commission

Represents the interest of the Union as a whole

Intended to be independent of national
governments and national interests
Drafts proposals for new EU laws which it
presents to the EP and the Council
Has executive role—responsible for
implementing decisions of EP and Council
European Commission

New Commission appointed every 5 years

One Commissioner from each MS—
currently 27 until 2014 then reduced in
number (Art17(5) TEU)
Commission is politically accountable to EP
which retains power to dismiss entire
Commission
European Commission

Most important functions:

1. “Guardian of the Treaties”

2. Initiator of Union legislation
3. Executive arm of EU
4. Involved in the representation of the
EU in the international arena
European Commission

Guardian of the Treaties

• The Commission together with the Court of
Justice is responsible to ensure EU law is
properly applied in all MS.
• Infringement procedure—if Member State
(MS) not complying—letter, await response, if
not acceptable refer to Court which has the
power to impose penalties. Judgment of the
Court are binding on the MS and the
Institutions of the EU.
European Commission

Proposes legislation to EP and Council

The Commission has the “right of
initiative”—to propose new law
This legislation must aim to protect the
interest of the Union and Union citizens—
not the interests of specific states or
industries
Communication with interest groups
European Commission

Executive arm—implements EU policies and

manages the EU budget
Most of spending done by national and local
authorities but Commission supervises
along with Court of Auditors
Commission also manages policies adopted
by EP and Council—i.e. Common
Agriculture Policy—and Erasmus—Europe
wide student exchange programme
European Commission

International spokesperson—represents the

EU to the international community—
“speaks with one voice” in international
organisations such as World Trade
Organisation (except for common foreign
and security policy and other areas
provided for in the Treaties); see Art
17(1) TEU
European Commission

Meets once a week in Brussels—each

commissioner is responsible for certain
substantive areas—i.e. Environment
Also employs about 25,000 civil servants
and is divided into Directorates General
(DGs). Each DG is responsible for a
particular policy area and is headed by a
Director General accountable to one of
the Commissioners—i.e. competition
European Commission

How might an issue progress??

For example, assume a situation where the
Commission saw a need for EU legislation to
better control industrial air pollution
The DG for Environment would draw up a proposal
based on extensive consultation
Put on agenda for next Commission meeting
If approved it is “adopted” and sent to EP and the
Council for their consideration
European Parliament

Members are directly elected by the citizens

of the EU to represent their interests
This body was set up under the Treaties in
the 1950s and the members have been
elected by the people since 1979
European Parliament

Present Parliament has 736 members from

all 27 EU countries
MEPs do not sit in national delegations but
with members of their political group—at
present there are 7 European wide
political groups
EP Number of Seats per MS

Austria 17 Belgium 22 Bulgaria 17

Cyprus 6 Czech Rep 22 Denmark 13
Estonia 6 Finland 13 France 72
Germany 99 Greece 22 Hungary 22
Ireland 12 Italy 72 Latvia 8
Lithuania 12 Luxembourg 6 Malta 5
Netherlands 25 Poland 50 Portugal 22
Romania 33 Slovakia 13 Slovenia 7
Spain 50 Sweden 18 UK 72
TOTAL 736
European Parliament

Meetings of the whole Parliament, known as

plenary sessions, take place in
Strasbourg, France (at least 12 annually)
and sometimes in Brussels, Belgium
As regards changes from TOL note that Art
14 TEU sets a maximum membership of
750
See also Art 223-234 of the TFEU
Role of European Parliament

1. Passing EU Law—often jointly with the Council.

See Ordinary Legislative Procedure. In some
areas the Council legislates but has to consult
Parliament. In addition, in some areas
Parliament’s assent is required—such as
admission of new countries to the EU
Can request Commission submit proposal if it
considers that a Union act is needed to
implement the Treaties (Art 224 TFEU)
Role of EP (cont’d)

2. Democratic supervision over other EU

institutions—Has the power to
approve/reject nomination of
Commissioners and can censure the
Commission as a body. See Art 234 TFEU

EP can set up committee of inquiry to

investigate alleged contraventions of EU
Law (Art 226 TFEU)
Role of EP (Cont’d)

3. Budgetary Review
EP shares with the Council authority over
the EU budget and can thus have some
influence over EU spending. At the end
of the procedure it adopts or rejects the
budget in its entirety.
Court of Justice of the EU

Set up under the ECSC Treaty and based in

Luxembourg
Consists of one judge from each MS so
each of the 27 legal systems is
represented
For the sake of efficiency court rarely sits
as a whole—normally a Grand Chamber
of 13 Judges or smaller chambers of 5 or
3
Advocates-General

The Court is assisted by 8 Advocates-General.

Their role is to present reasoned opinions on the
cases brought before the court. This is to be
done publicly and impartially (Art 252 TFEU)
Each one has the qualifications needed for
appointment to the highest judicial positions in
their home jurisdiction
They are appointed for a term of 6 years which may
be renewed
Their opinions are published
Advocates-General

Only normally required to give an opinion on a

case if the court considers that the case
raises a new point of law.
Note that the court need not follow the opinion
of the Advocate-General –however these
opinions can often be well reasoned and
thus persuasive. Judgments of the Court
are decided by majority and dissenting
opinions are not expresses. Decisions are
published.
General Court

Prior to TOL called the Court of First

Instance
Created in 1988 to assist the Court of
Justice with the large volume of cases
In particular this court often hears actions
brought by private individuals,
companies and some organisations as
well as cases regarding competition law
One judge from each MS
Treaty of Lisbon

The European Court of Justice (ECJ)

became the Court of Justice of the
European Union
The Court of First Instance is now known as
the General Court
See Art 19 TEU and Arts 251-281 of the
TFEU for other details relating to the
courts
European Central Bank

European System of Central Banks (ESCB)

shall consist of the European Central
Bank together with the national central
banks of the MS
The ESCB has powers and responsibilities
as regards the Monetary Policy of the EU
as set forth in Arts 127-133 of the TFEU.
Primary objective of the ESCB is to
maintain price stability (Art 127 TFEU)
ESCB

Main tasks (Art 127(2) TFEU)

• To define and implement the monetary
policy of the Union
• To conduct foreign exchange
operations
• To hold and manage the official foreign
reserves of the MSs
• To promote the smooth operation of
payment systems
Court of Auditors

Set up initially in 1975 and based in

Luxembourg
Role it to check that EU funds, coming from
taxpayers are properly collected and
spent legally, economically and for the
intended purpose
One member from each MS appointed by
the Council for a renewable term of 6
years
Court of Auditors (Cont’d)

Members elect one of their number as

President
Must be independent to do its job
Presents EP and Council with annual audit
report
800 staff including translators/admin
If they discover fraud or irregularities they
inform the European Anti-Fraud Office
Very Useful Websites

http://europa.eu

http://curia.europa.eu Court of Justice of the EU

***********************
Suggested reference text: Law of the EU, John
Fairhurst, Longman 2010—in Library