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EEU U Economic and Economic and Structural Policies, Structural Policies, Current Issues in EUCurrent Issues in EU

DrDr. Pietro Andrea Podda . Pietro Andrea Podda , PhD, PhD

High School of Finance and High School of Finance and Administration in PragueAdministration in Prague

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EU and European EU and European Union LawUnion Law1.1. The EU is a supra-national organisationThe EU is a supra-national organisation with legal personality with legal personality

2.2. EU Law regulates the activities of the EU, the duties/rights of the EU Law regulates the activities of the EU, the duties/rights of the member states and the relations between the EU and the member statesmember states and the relations between the EU and the member states

3.3. There are 27 members of the EU: Belgium, France, Germany, Italy, There are 27 members of the EU: Belgium, France, Germany, Italy, Luxembourg, Netherlands (founding members), Denmark, Great Britain, Luxembourg, Netherlands (founding members), Denmark, Great Britain, Ireland (1973), Greece (1981),Portugal and Spain (1986), Austria, Ireland (1973), Greece (1981),Portugal and Spain (1986), Austria, Finland, Sweden (1995), Cyprus, Czech Republic, Hungary, Estonia, Finland, Sweden (1995), Cyprus, Czech Republic, Hungary, Estonia, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia (2004), Bulgaria, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia (2004), Bulgaria, Romania (2007). Negotiations are in course with Croatia, Macedonia, Romania (2007). Negotiations are in course with Croatia, Macedonia, Turkey and Albania. Norway and Switzerland are not members of the EUTurkey and Albania. Norway and Switzerland are not members of the EU

4.4. The EU is the largest economic area in the worldThe EU is the largest economic area in the world

5.5. The EU law encompasses matters like trade law, environmental law, The EU law encompasses matters like trade law, environmental law, culture, social affairs, tax law etc...culture, social affairs, tax law etc...

6.6. The official languages of the member states are all official languages of The official languages of the member states are all official languages of the EU. All acts of the EU are translated into its official languages. the EU. All acts of the EU are translated into its official languages. However the working languages are English, French and also GermanHowever the working languages are English, French and also German

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The European CouncilThe European Council

Is composed by the Heads of States or of Governments of the Is composed by the Heads of States or of Governments of the member states, the President of the European Commission (this member states, the President of the European Commission (this latter is not entitled to vote). It has a President.latter is not entitled to vote). It has a President.

Normally meets in BruxellesNormally meets in Bruxelles Does not have to be confused with the Council of the Union and the

Council of Europe. The Council of Europe has nothing to do with EU Should meet at least four times per year but in practice the meetings

are always more frequent Defines the general guidelines of the policies of the EU (enlargement,

revision of Treaties) It is now an official institution of the EU and operates at an inter-

governmental level Appoints the President of the Commission and the High

Representative The President of the European Council is Van Rompuy. The President

is appointed for 2 years and a half by a qualified majority

The Council of the The Council of the European Union 1European Union 1 It is composed by the member states and deals with the issues covered by EU It is composed by the member states and deals with the issues covered by EU

law law (ex.agriculture, culture, environment etc…) It is represented by the (ex.agriculture, culture, environment etc…) It is represented by the Ministers Ministers competent in the specific issue dealt with. In particular, the ECOFIN competent in the specific issue dealt with. In particular, the ECOFIN focuses on economic and financial affairs, the General Affair and External focuses on economic and financial affairs, the General Affair and External Relations (GAER) is composed by the Ministers of Foreign Affairs of the Relations (GAER) is composed by the Ministers of Foreign Affairs of the various countriesvarious countries

Decisions are taken on the basis of voting (normally qualified majority). The Decisions are taken on the basis of voting (normally qualified majority). The weight of any single state in the process of voting depends on its population, weight of any single state in the process of voting depends on its population, even if there is not a perfect proportion. Germany, Uk, France and Italy have even if there is not a perfect proportion. Germany, Uk, France and Italy have the highest weight (29 votes each), Malta the lowest (3). The Czech Republic the highest weight (29 votes each), Malta the lowest (3). The Czech Republic has 12 voteshas 12 votes

Does not have to be confused with the European Council and the Council of Does not have to be confused with the European Council and the Council of EuropeEurope

Together with the Parliament, it is the legislative body of the EUTogether with the Parliament, it is the legislative body of the EU The General Secretariat of the Council and the Committee of Permanent The General Secretariat of the Council and the Committee of Permanent

Representatives (COREPER) prepare the activities of the ministersRepresentatives (COREPER) prepare the activities of the ministers

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The Council of the The Council of the European Union 2European Union 2• The General Secretary is appointed by the Council of the UnionThe General Secretary is appointed by the Council of the Union• The Presidency is held by a member state The Presidency is held by a member state andand rotates every six months. There is a rotates every six months. There is a

coordination between the previous, the current and the future Presidency (troika)coordination between the previous, the current and the future Presidency (troika)• The Presidency sets the agenda, represents the Council with other EU institutions. It The Presidency sets the agenda, represents the Council with other EU institutions. It

also declares the main guidelines of its action to the Parliamentalso declares the main guidelines of its action to the Parliament• Its seat is in Breuxelles. However meetings are held also in Luxembourg CityIts seat is in Breuxelles. However meetings are held also in Luxembourg City• The Council can invite the Commission to take the initiative as for the creation of new The Council can invite the Commission to take the initiative as for the creation of new

legislationlegislation

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The European The European Commission 1Commission 1 It is composed by 27 Commissioners, one per State. However the It is composed by 27 Commissioners, one per State. However the

Commissioners represent the EU and not their StateCommissioners represent the EU and not their State

The President is appointed by the European Council. The European Parliament The President is appointed by the European Council. The European Parliament has to express its agreement. In principle the European Council should has to express its agreement. In principle the European Council should appoint the other Commissioners. In practice every member of EU appoints a appoint the other Commissioners. In practice every member of EU appoints a commissioner. Finally the European Parliament must express a vote of commissioner. Finally the European Parliament must express a vote of confidence. The Parliament can also withdraw its confidence at any momentconfidence. The Parliament can also withdraw its confidence at any moment

The Commission is the executive body of the EU. The Commission monitors The Commission is the executive body of the EU. The Commission monitors the respect of the EU law by the member statesthe respect of the EU law by the member states

The Commission takes the initiative in the legislative processThe Commission takes the initiative in the legislative process

The High Representative of the Union for Foreign Affairs and Security Policy is The High Representative of the Union for Foreign Affairs and Security Policy is a vice-President of the Commissiona vice-President of the Commission

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The European The European Commission 2Commission 21.1. The Commission acts collegially. The deeds of the Commission are imputable The Commission acts collegially. The deeds of the Commission are imputable

to the whole body and not to the single Commissioners to the whole body and not to the single Commissioners

2.2. In the course of time the role of the Commission is becoming more political In the course of time the role of the Commission is becoming more political and less technicaland less technical

3.3. In certain casesIn certain cases (usually on (usually on technical issues technical issues)) , the Council of EU may delegate , the Council of EU may delegate the legislatithe legislativeve power tpower to the Commission. In this case, o the Commission. In this case, various committeesvarious committees, , whose members are appointed by Member States,whose members are appointed by Member States, collaborate with the collaborate with the CommissionCommission (Comitology) (Comitology). Their role is . Their role is oftenoften consultative but they may also consultative but they may also have specific powers regarding the execution of EU legislation and the have specific powers regarding the execution of EU legislation and the creation of new legislationcreation of new legislation

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The High Representative of the The High Representative of the Union for Foreign Affairs and Union for Foreign Affairs and Security PolicySecurity Policy

Elected by the European Council Elected by the European Council by qualified majorityby qualified majority

Represents the EU with third Represents the EU with third partiesparties

Not clear division of competences Not clear division of competences with the President of the with the President of the European Council and that of the European Council and that of the CommissionCommission

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The European The European ParliamentParliament1.1. It is elected every 5 years by the citizens of EU. Every country sends a It is elected every 5 years by the citizens of EU. Every country sends a

number of representatives in proportion with its population. This proportion is number of representatives in proportion with its population. This proportion is biased in favour of the smallest statesbiased in favour of the smallest states

2.2. Together with the Council of the EU, it has a legislative power .Together with the Council of the EU, it has a legislative power . In the bulk of In the bulk of cases, these two institutions must agree in order legislation to be passed cases, these two institutions must agree in order legislation to be passed (ordinary legislative procedure)(ordinary legislative procedure)

3.3. It can propose to the Commission to take the initiative It can propose to the Commission to take the initiative (pre-initiative of the (pre-initiative of the European Parliament)European Parliament)

4.4. It meets in Bruxelles and StrasbourgIt meets in Bruxelles and Strasbourg

5.5. It approves the choice of the President of the European Commission. It It approves the choice of the President of the European Commission. It confers and withdraw confidence to the Commissionconfers and withdraw confidence to the Commission

6.6. IIs assisted by a Secretariat ( based in Luxembourg city) and various s assisted by a Secretariat ( based in Luxembourg city) and various CommitteesCommittees

7. 7. It must hear members of the Council of the EU and the Commission if they It must hear members of the Council of the EU and the Commission if they so requireso require

8. 8. It normally decide on the basis of absolute majorityIt normally decide on the basis of absolute majority

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Other InstitutionsOther Institutions

1.1. The Ombudsman is appointed by the Parliament. Every natural The Ombudsman is appointed by the Parliament. Every natural or legal person residing or having its office in the EU is entitled to or legal person residing or having its office in the EU is entitled to complain with the Ombudsman about maladministration of EU complain with the Ombudsman about maladministration of EU Law from the side of EU Institutions. The Ombudsman Law from the side of EU Institutions. The Ombudsman investigates the case and , if convinced of maladministration, investigates the case and , if convinced of maladministration, writes a report to the European Parliament and the concerned writes a report to the European Parliament and the concerned InstitutionInstitution

2.2. The Economic and Social Committee is a consultative body which The Economic and Social Committee is a consultative body which represents the social and economic categories (workers, represents the social and economic categories (workers, employers)employers)

3.3. The Regional Committee is a consultative body which represents The Regional Committee is a consultative body which represents the local authorities the local authorities

4.4. The European Investment Bank (EIB) guarantees loans for the The European Investment Bank (EIB) guarantees loans for the implementation of projects expected to enhance the level of implementation of projects expected to enhance the level of development in the EUdevelopment in the EU

5.5. The Court of Auditors audits the expensens of the EU and The Court of Auditors audits the expensens of the EU and discharges the Commissiondischarges the Commission

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Secundary legislation Secundary legislation of EUof EU A regulation is binding for the Member States and has a general destinationA regulation is binding for the Member States and has a general destination A directive is binding as for the achievement of a certain result, but leaves to A directive is binding as for the achievement of a certain result, but leaves to

the member states the responsibility to devise the measures to achieve the the member states the responsibility to devise the measures to achieve the resultresult

A decision is binding and has specific addresseesA decision is binding and has specific addressees Recommendations and opinions are not binding but have a high political Recommendations and opinions are not binding but have a high political

valuevalue There are other non-binding acts like declarations, guidelinesThere are other non-binding acts like declarations, guidelines

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Principles of EU LawPrinciples of EU Law

EU secundary legislation prevails over national legislation , even if national EU secundary legislation prevails over national legislation , even if national legislation is subsequent (principle of supremacy)legislation is subsequent (principle of supremacy)

EU Regulations are immediately applicable in the member states and do not EU Regulations are immediately applicable in the member states and do not require any form of ratification require any form of ratification (principle of direct (principle of direct applicabilityapplicability)). Moreover . Moreover they confer rights to individuals, which can be invoked during cases dealt by they confer rights to individuals, which can be invoked during cases dealt by national courts (direct effect)national courts (direct effect)

The measures taken by the EU do not have to exceed the limit of the The measures taken by the EU do not have to exceed the limit of the necessity for the achievement of EU aims (principle of proportionality)necessity for the achievement of EU aims (principle of proportionality)

In those matters with shared competence, the EU takes measures only when In those matters with shared competence, the EU takes measures only when the single action of Member States is not sufficient for the achievement of the the single action of Member States is not sufficient for the achievement of the aims of the EU (principle of subsidiarity)aims of the EU (principle of subsidiarity)

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Court of Justice of the Court of Justice of the EU 1EU 1 It is composed by three jurisdictional bodies: the European Court of Justice, It is composed by three jurisdictional bodies: the European Court of Justice,

the General Court (formerly called Tribunal of First Instance) and the Civil the General Court (formerly called Tribunal of First Instance) and the Civil Service Tribunal Service Tribunal

The European Court of JusticeThe European Court of Justice a) is composed by 1 judge per member state, appointed for 6 years by a) is composed by 1 judge per member state, appointed for 6 years by

common accord by the member states. Judges do not represent their original common accord by the member states. Judges do not represent their original countriescountries

b) its decisions are binding for Member States and EU Institutionsb) its decisions are binding for Member States and EU Institutions c) the Court acts collegially and is assisted by Advocates General (8 at the c) the Court acts collegially and is assisted by Advocates General (8 at the

moment) who deliver an opinion on the case treatedmoment) who deliver an opinion on the case treated d) The Court‘ competence is overd) The Court‘ competence is over: : 11) infringement of EU Law by Member States) infringement of EU Law by Member States 22) respect of EU Law by EU institutions, “judicial review” of the legality of acts) respect of EU Law by EU institutions, “judicial review” of the legality of acts 3) failure to act of EU Institutions3) failure to act of EU Institutions 44) preliminary rulings) preliminary rulings- national courts refer to the Court in order to check the - national courts refer to the Court in order to check the

compatibility of domestic law with EU Law and/or to obtain interpretation of compatibility of domestic law with EU Law and/or to obtain interpretation of EU LawEU Law

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Court of Justice of the Court of Justice of the EU 2EU 2 The General Court is composed, as the European Court of Justice, by 27 The General Court is composed, as the European Court of Justice, by 27

judges one per member statejudges one per member state It deals with the cases brought by individuals regardingIt deals with the cases brought by individuals regarding a) the validity of the acts of EU institutionsa) the validity of the acts of EU institutions b) failure to act of EU institutionsb) failure to act of EU institutions c) liability of EU for damagesc) liability of EU for damages The General Court is also competent when a member state recurs against the The General Court is also competent when a member state recurs against the

Commission and, in specific cases, against the Council Commission and, in specific cases, against the Council Appeals on points of law against statements of the General Court are dealt by Appeals on points of law against statements of the General Court are dealt by

the Court of Justicethe Court of Justice The Civil Service Tribunal has competence over disputes between EU and its The Civil Service Tribunal has competence over disputes between EU and its

officialsofficials

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