Background and History European Union Legislative Structure and Process

LECTURER HEATHER BROWNE May 1945: end of fighting in Europe 1951: European Coal and Steel Community established.

The Treaty of Paris [1951] = European Coal and Steel Treaty

Ratified in 1952 Members = The Benelux countries (Belgium, Netherlands, Luxembourg), Germany, France and Italy Aims to prevent the possibility of renewed war between its member states

Treaty of Rome [1957]

1957: Treaty of Rome setting up European Economic Community (EEC) - aimed to establish common market in matters not covered by ECSC and the Euratom Treaty (co-operation on atomic energy)

Treaty of Rome [1957]

According to the Preamble of the Treaty of Rome [1957] the aims of the EEC member states were as follows: - To lay the foundations of an ever closer union between the peoples of Europe - The achievement of economic and social progress by removing divisive barriers (e.g. those relating to trade)

Treaty of Rome [1957]

To secure the constant improvement of the living and working conditions of Community citizens/workers To bring about harmonious economic development across EEC member states

EU ~ Membership
25 countries 2007 = Bulgaria and Romania Application from Turkey

Institutional Framework
4 main institutions:1) European Commission 2) Council of the European Union (formerly the Council of Ministers) 3) European Parliament 4) European Court of Justice (ECJ) & Court of First Instance (CFI) - ECJ - ultimate judicial power - no appeal from its rulings

European Commission
Origins = High Authority of the ECSC Location/Seat = Brussels - 25 Commissioners who serve a renewable 5 year term & are appointed by the member states At least 1 but not more than 2 members from each MS MS can nominate their nationals to the Commission must be independent beyond doubt

Functions of Commission
Executive/de facto government Guardian of the Treaties Initiator of (changes in) Community policy and legislation Operates as EU representative within external organisations

Council of the European Union

Formerly the Council of Ministers Made up of government ministers from each MS who are empowered to represent and make binding decisions on behalf of their governments Membership of the Council will vary depending upon the issues being discussed

Council of the European Union

Main decision-making body of the EU Council will only act on proposals from the Commission. Generally, community legislation is jointly adopted by the Council and the Parliament Co-ordinating MS economic policies NB Do not confuse with the European Council

European Parliament
Originally intended to operate an advisory and supervisory function only Consultation and Participation in the community legislative process Supervision of the community institutions EU budgetary authority Approval of new EU MS

European Parliament
Committees of Inquiries can by set up to investigate alleged contraventions or maladministration in the implementation of Community law. (Art 193 EC Treaty) Production of Reports/resolutions on e.g. human rights, defence and foreign policy, social issues etc Supervision ~ other bodies

European Court of Justice

The ECJ is the supreme authority on all aspects of Community law with no existing right of repeal against its rulings Composition = 25 Judges assisted by 8 Advocates-General ECJ tends to include 1 judge per MS

European Court of Justice

Members of the ECJ serve a renewable term of 6 years The ECJ is helped in its work be the Court of First Instance. Both ECJ and CFI have a President appointed for 3 years ECJ is the part of the EUs legal order that is akin to the characteristics of a federal system

European Court of Justice

Judges do not deliver separate judgements Role/Functions ensuring the harmonious observation and enforcement of Community law across MS The ECJ fulfils a crucial role within the Community that is creative and interventionist in character

European Court of Justice

Under the Art 234 [177] reference procedure, national courts can suspend proceedings in the case while they refer questions to the ECJ regarding the meaning and status of Community law on relevant matters raised in the case in question. The ECJ can give a preliminary ruling on:

European Court of Justice

Interpretation of EU legislation Direct effect of EU law Validity of EU Acts

Sources of EU Law
European Treaties In a 1991 opinion, the ECJ stated that: The Community Treaties established a new legal order for the benefit of which states have limited their sovereign rights, in ever wider fields, and the subjects of which comprised not only the member states but also their nationals.

European Treaties
Treaty of Rome 1957 Single European Act 1986 (Maastricht) Treaty on European Union 1992 Treaty of Nice 2000

Secondary Legislation
Regulations EU equivalent of Act of Parliament Immediately and entirely binding General and direct applicability No further action required by the MS

Secondary Legislation
Directives Binding upon each MS MS can choose means and form of implementation Individual rights and direct effect

Secondary Legislation
Decisions Individual measures binding upon those to whom they are addressed Immediately effective Recommendation and Opinions Soft law No immediate legal force

Impact of EU law
To conclude:By creating a Community of unlimited duration having real powers stemming from a limitation of sovereignty or a transfer of powers from the States to the Community, the member states have limited their sovereign rights .. and .. created a body of law which binds both their nationals and themselves. (Costa v ENEL, Case 6/64)