EU The European Union and the Decision-making process

EU

The European Unionand the Decision-making process

EU

I. Why a European Union?

EU Why a European Union ?

Identity and diversity in a

globalised world

Peace and stability

Safety and security

Economic and social solidarity

Values

Bringing Europe together again

EU

Single European

Act 1986 (1987)

Schuman-Plan1950

ECSC1951 (1952)

Treaty of Rome Formation of EEC

+ Euratom1957 (1958)

6 Members States

Treaty of the European

Union (Maastricht)1992 (1993)

Treaty of Amsterdam 1997 (1999)

History

Treaty of Nice

(2000)

EU Enlargement of the UnionFounding Members: Belgium, France, Germany, Italy, Luxembourg, Netherlands

1973: Denmark, Ireland, United Kingdom

1981: Greece1986: Portugal, Spain1995: Austria, Finland,

Sweden2004: Estonia, Latvia,

Lithuania, Malta, Poland, Slovakia, Slovenia, Czech Republic, Hungary, Cyprus

2007: Bulgaria, Rumania

EU The Three Pillars of the EU

EU European Union

Eu

rop

ean

Co

mm

uniti

es

EC

EC

SC

* E

ura

tom

Co

mm

on

For

eig

n a

nd

Se

curi

ty P

olic

y

Po

lice

and

Ju

dic

ial C

oop

era

tion

in C

rim

inal

Ma

tters* The ECSC

Treaty ceased to exist in 2002

EU

Basic Freedoms

The Four Freedoms of the Single Market

Free Movement of Goods

• Prohibition of customs duties between Member States

• Harmonisation and mutual recognition of rules and regulations

• Certain restrictions are still permitted

EU

Basic Freedoms


Free Movement of Persons

• Abolition of border controls• Freedom of residence and employment

(mutual recognition of diplomas) • Under certain conditions EU-citizens

have the right to reside in any other Member State even after the end of their employment

EU

Basic Freedoms


Free Movement of Services

• Free movement of services (e.g.: free choice of phone provider)

• Harmonisation of bank and traffic supervision

• Opening of transport and telecommunications markets

EU

Basic Freedoms


Free Movement of Capital

• More freedom for monetary and capital movements

• Steps towards a common market for financial services (e.g.: no double transfer fees)

• Liberalisation of stock broking (security trading)

EU

History of the Economic and Monetary Union

(EMU)

First stage : Complete liberalisation of capital movement; intensified cooperation of national Central Banks; free application of ECU; improvement of economic convergence.

Second stage: Establishment of the European Monetary Institute; prohibition of Central Bank credits to public bodies; intensified coordination of monetary policy; intensified economic convergence; process leading to theindependence of national Central Banks completed with the creation of the European System of Central Banks; preparatory work for the third stage.

Third stage: Irrevocable fixing of exchange rates; implementation of the Euro; implementation of a single monetary policy under the authority of the ECB; set-up of the exchange rate mechanism (ERM II) within the EU; set-up of the stability and growth pact.

EMU

(1st stage)

1990

EMU

(2nd stage)

1994

EMU

(3rd stage)

1997/1999

Euro-Cash- Implementation

01.01.2002

EU

The Convergence Criteria

The Convergence Criteria

Inflation rate must not exceed that of the 3 best performing Member States of the EU by more than 1.5 percentage points

Applicant States should have joined the exchange-rate mechanism (ERM II) for 2 consecutive years and should not have devaluated their currencies during the 2-year-period.

The nominal long-term interests rate must not be more than 2 percentage points higher than the 3 best performing Member States.

The ratio of the annual government deficit to gross domestic product (GDP) must not exceed 3%.

The ratio of gross government debt to GDP must not exceed 60%.

EU

II. The EU decision-making process

EUEU legislates

in all areas of Public Policy:

Market Social Policy Environment Agriculture Regional Policy Research and Development Law and Order Citizenship Human Rights International Trade Foreign Policy Defence Consumer affairs Transport Public Health Education and Culture

EUThe EU sets over 80 % of the rules on production, distribution and the exchange of goods, services and capital

About 300 acts of EU legislation every year

Prevails over national law and has direct effect

Powerful indirect effect on the distribution of resources between individuals, groups

and nations in the EU

EU

III. The EU is a complex institutional and policy environment

with diverse actors

EU

The Institutionsof the EU

European Council (EC)

European Council (EC)

EuropeanParliament

(EP)

EuropeanParliament

(EP)

Council of the European Union

(Council)


(Council)

European Economic and Social Committee

(EESC)

European Economic and Social Committee

(EESC)

European Court of Justice

(ECJ)

European Court of Justice

(ECJ)

European Court of Auditors(ECA)

European Court of Auditors(ECA)

Committee of the Regions

(CoR)


(CoR)

European Investment Bank(EIB)

---------------------------European Investment

Fund(EIF)

European Investment Bank(EIB)

---------------------------European Investment

Fund(EIF)

Decentralised Bodies(e.g.: Europol)

Decentralised Bodies(e.g.: Europol)

European System of Central Banks

(ESCB)----------------------------

European Central Bank(ECB)

European System of Central Banks

(ESCB)----------------------------

European Central Bank(ECB)

European Commission

(EC)

European Commission

(EC)

Advisory Committees Institutions with special status Other bodies

EU

Lobby

Around the European Institutions:

More than 15.000 Lobbyists

Third Country Organisations

12%

Lawyers and Consultants15%

Business16%

European Interest Groups

42%

National Interest Groups

7%

Think Tanks1%

Regions5%

Chamber of Commerce2%

EU

The European Council

The European Council (EC)

European Council

(Summit)

• Sets guidelines and objectives

• Adopts final agreements

• Reforms the Treaties

EU

The European Council

• Consists of the Heads of State and Government together with the President of the European Commission.

• Generally meets four times a year to set the basic political guidelines and to review progress.

• Since it became the supreme political authority of the EU, its meetings have been referred to as « summits ».

European CouncilEuropean Council

EU

The Commission

The European Commission

European Commission

• Has the right of initiative and delegated implementing powers

• Controls the implementation of EU legislation by Member States

• Controls the Member States’ economic policy

EU

The Commission

The Commission consists of:27 Commissioners from 27 Member States (including the President and 5 Vice-Presidents).

Each Commissioner has one vote.

The Commission is a collectivedecision-making body.Therefore minorities are bound by the decisions of the majority. Also in case of a future enlargement the number of commissioners should not exceed27.

The term of office is 5 years.

EU

The Election of the

Commissioners

Heads of Stateand Government

Appoint with qualifiedmajority

Commission President

Needsapproval by

EP

Member States

Propose Commissioners

Heads of Stateand Government

CommissionPresident

+AppointCommissioners

Need approval by

EP

Commission takes up its work.

EU

The Directorate Generals of the

Commission

The European Commission

27 Members of the Commission

Cabinets

Directorate Generals and Services

EU


Commission

European Commission

EC College

José Manuel BARROSO (P) - President Margot WALLSTRÖM (S) - Institutional Relations & Communication Strategy, VPGünter VERHEUGEN (D) - Enterprise & Industry, VPJacques BARROT (F) – Justice, Freedom and Security, VPSiim KALLAS (EST) - Administrative Affairs, Audit & Anti-Fraud, VPAntonio TAJANI (I) - Transport, VPViviane REDING (L) - Information Society & Media Stavros DIMAS (GR) - Environment Joaquìn ALMUNIA (E) - Economic & Monetary Affairs Danuta HÜBNER (PL) - Regional Policy Joe BORG (MAL) - Fisheries and Maritime Affairs Dalia GRYBAUSKAITE (LIT) - Financial Programming and Budget Janez POTOČNIK (SLV)- Science & ResearchMeglena KUNEVA (BUL) – Consumer protection

EU


Commission

European Commission

EC College

Ján FIGEL (SLK) - Education, Training, Culture, & YouthAndroula VASSILIOU (CYP) - HealthOlli REHN (FI)- Enlargement Louis MICHEL (B) - Development & Humanitarian Aid László KOVÁCS (HU) - Taxation & Customs Union Neelie KROES (NL) - CompetitionMariann FISCHER BOEL (DK) - Agriculture & Rural Development Benita FERRERO-WALDNER (AU) - External Relations & European Neighbourhood Policy Charlie McCREEVY (IRE) - Internal Market & Services Vladimir SPIDLA (CZ) - Employment, Social Affairs & Equal Opportunities Catherine ASHTON (UK) - Trade Andris PIEBALGS (LAT) – EnergyLeonard ORBAN (RO) – Multilingualism

UE


Commission

Policy Areas External Relations General Services

Internal Services

Employment and Social Affairs

Justice and Security

Humanitarian Aid Publications Office Interpretation

Education and Culture

Agriculture External Relations Europ. Anti-fraud Office

Budget

Single Market Regional Policy Development Eurostat Informatics

Transport and Energy

Taxation and Customs Union

Enlargement Secretariat General Internal Audit Service

Fisheries Environment EuropeAid –

Co-operation Office

Communication Legal Service

Research Enterprises and Industry

Trade Personnel and Administration

Health and Consumer Protection

Competition Bureau of European Policy

Advisers

Joint Research Centre

Economic and Financial

Affairs

Translation

Information Society and Media

Directorate Generals of the Commission

EU

The European Parliament


European Parliament

• Represents the citizens

• Has general legislative power

EUThe European Parliament

EP President

Committees permanent and ad hoc

Secretariat

Political Parties

Secretariat

National Delegations

MEPs

Info and contacts

EU

Competences of the European

Parliament

Budget Control of the Executive

Legislation

• Hearing• Co-decision• Consultation• Assent

785 MEPs

The European Parliament has three basic powers and functions:


EU

Votes in the European Parliament

Votes in the European Parliament785 MEPs directly elected by EU citizens in June 2004 :

Germany 99UK 78Italy 78France 78Spain 54Poland 54Romania 35Netherlands 27Portugal 24Belgium 24Greece 24Czech Rep. 24Hungary 24Sweden 19Austria 18Bulgaria 18Finland 14Denmark 14Slovakia 14Ireland 13 Lithuania 13Latvia 9Slovenia 7Luxemburg 6Estonia 6Cyprus 6Malta 5

Political parties:

Conservatives 278

Socialists 218

Liberals 104

Greens 42

United left 40

Others 102

EU

The political groups in the

European Parliament

EU

The Parliamentary Committees

AFET: Foreign Affairs DEVE: Development INTA: International Trade BUDG: Budget CONT: Budgetary Control ECON: Economic and Monetary Affairs EMPL: Employment and Social Affairs ENVI: Environment, Public Health and Food Safety ITRE: Industry, Research and Energy IMCO: Internal Market and Consumer Protection TRAN: Transport and Tourism REGI: Regional Development AGRI: Agriculture and Rural Development PECH: Fisheries CULT: Culture and Education JURI: Legal Affairs LIBE: Civil Liberties, Justice and Home Affairs AFCO: Constitutional Affairs FEMM: Women's Rights and Gender Equality PETI: Petitions DROI: Human Rights SEDE: Security and Defense CLIM: Climate Change

The Parliamentary Committees

EU

The Council of the European

Union

The Council of the European UnionThe Council of the European Union

The Council of the EU

• Represents the Member States

• Has general legislative power

• Sets the political agenda together with the Commission

Info and contacts

EU

The Council of the European Union

Council of Ministers

National Ministers meet in 9 configurations

Council General Secretary + High representative for

Common Foreign and Security Policy

European Council/Summit

Heads of State & Government

Presidency of the Council

6 month termCOREPER I

Technical

Deputy Permanent

Representatives

COREPER II

Political

Permanent Representatives

Permanent Representations to

the EUMertens

Group

Antici

Group

Working Groups

Diplomats and Experts

EU

Pondérationdes voix

au sein du Conseil

Belgium [12]

Denmark [7]

Germany [29]

Estonia [4]

Finland [7]

France [29]

Greece [12]

United Kingdom [29]

Ireland [7]

Italy [29] Latvia [4] Lithuania [7]

Luxembourg [4]

Malta [3]

Netherlands [13]

Austria [10]

Poland [27]

Portugal [12]

Sweden [10]

Slovakia [7]

Slovenia [4]

Spain[27]

Czech Rep.[12]

Hungary[12]

Cyprus[4]


• The Council is the main decision-making body of the European Union.

• Every country is represented by the minister responsible for the policy area being discussed (Foreign Affairs, Finances, Social issues, Traffic, Agriculture, etc.)

• The presidency rotates between the Member States every 6 months.

255 of 345 (72,3%) are necessary for a qualified majority Additionally the majority of

the Member States needs to approve the proposal

A Member State can request a verification that the countries supporting the proposal represent at least 62% of the total EU population

Bulgaria[10]

Romania [14]

EU

The Committee of the Regions

and the Economic and

Social Committee

The Committee of the Regionsand the

Economic and Social Committee

Committee of the Regions and Economic and Social

Committee

• Consultative bodies

• Compulsory consultation for certain areas

EU

European Economic and

Social Committee and


Consultative or Advisory Bodies

European Economic and Social Committee (EESC)Represents the “organized civil society”: employers, trade unions, farmers, consumers and the other interest groups

Committee of the Regions (CoR)Is the political assembly that provides local and regional authorities with a voice at the heart of the European Union

Compulsory consultation before EU decisions are taken on matters which concern local and regional government, such as regional policy, the environment, education and transport

But its opinion does not have to be taken on board

EU



CoR President

CoR Secretary General

Commissions

Secretariat

Political Parties

Secretariat

National DelegationsElected

Members

Info and contacts

Bureau

EU

The Court of Justice



Judges over the legality of acts

EU

The European Court of Justice and the

Court of First Instance

• The ECJ is made up of one judge per Member State and 8 Advocates General

• The ECJ may sit in chambers of 3, 5 or 13 judges, and in very exceptional cases as a full Court.

• The Judges and Advocates General are nominated by the Member States by mutual agreement for a period of six years.

• The Court of First Instance was established in 1989 and corresponds approximately to the ECJ, but does not have permanent Advocates General

• The Courts preserve the community right when treaties are being interpreted and implemented.

The European Court of Justice (ECJ) and the Court of First Instance

EU

• Regions and Cities: AER, CEMR, CPMR, Eurocities, and other specialised organisations like EPRO (environment), ERRIN (research & innovation), ISLENET (energy and environment), POLIS (transport), REGLEG (legislative competences), etc.

• Business and Industries: UEAPME (Craft and SMEs), UNICE (industrial and employers’ confederations) and many others in different sectors

• European networks & associations in different sectors

• NGOs

… and a long etc.

Other European Interests - Lobby Groups -

EU

IV. EU Decision-Making process

EU

• Involves various European institutions, in particular– The European Commission (EC),– The European Parliament (EP),– The Council of the European Union

• In general the Commission makes new legislation proposals, but Council and Parliament pass the laws. Other institutions and bodies also have roles to play (e.g. Committee of the Regions)

Decision-making at EU Level

EU

• Primary Legislation (Treaties)• Secondary Legislation

Legal Sources of Community

Law

Legal Sources of Community Law

Institutional Acts of the EU

• Regulations• Directives• Decisions• Recommendations and Opinions

EU

RegulationLegal Sources of Community

LawDirectly applicable in all Member States

Of “general application”

Binding in its entirety

EU

DirectiveLegal Sources of Community

Law

Binding, as to result to be achieved!

Binding in its principle

EU

DecisionLegal Sources of Community

Law

Shall be binding in its entirety upon those to whom it is addressed

EU

Recommendation and opinionLegal Sources of Community

Law

Do NOT formally constitute part of EU Law

Have no binding force

EU Implementing Acts into national legislation

Legal Sources of Community

Law

• Directives must be transposed in National legal systems, however, the Member States can decide how Second phase for regions to lobby

• Regulations are directly applicable in national law

• The Commission monitors the implementation by Member States; it can take Member States to the European Court of Justice for a breach of their implementation obligations in case of failure to comply

EU Three Main

EU Decision-Making Procedures

Co-decision Consultation Assent

Requires two readings by the Parliament and the Council, if the two cannot agree they enter into conciliation

The Parliament’s opinion is incorporated into the Commission proposal. If the Council decides to reject the proposal, this requires unanimity

The Council must obtain the European Parliament's assent before taking certain important decisions. The Parliament can approve or reject a proposal but not amend it

EU Consultation

EC proposal

accepts

Council

Examines the amendments

app

roves

EP

CoR

EESC

Approves Rejects Amends

EU Consultation

Areas subject to consultation:

• Police and judicial cooperation in criminal matters• Revision of the Treaties• Discrimination based on gender, race or ethnic origin, religion, political beliefs, handicap, age or sexual orientation• European citizenship• Agriculture• Cohesion Policy: ERDF and ESF Regulations• Legal immigration and free movement of people-connected• Transport (when it may have a significant influence in certain regions)• Competition law• Tax provisions• Economic policy

EU Assent

EC CouncilEP’s Assent

Approves Rejects Amends

Approval requires the absolute majority of the vote cast!

EU

Areas subject to assent:

• Specific tasks of the European Central Bank• Amendments to the statutes of the European System of Central Banks or the European Central Bank• Financial Perspectives• European Parliament’s uniform election procedure• Certain international agreements• Accession of new Member States• Sanctions imposed on a Member State for a serious and persistent breach of fundamental rights under Article 7 of the EU Treaty

EU Co-Decision• The most frequently used procedure – under the Constitutional Treaty this would be the standard procedure

• Council and Parliament on equal footing – they share the legislative power equally. Both Institutions carry out up to three readings

• If Council and Parliament cannot agree on a piece of proposed legislation, it is put before a conciliation committee

• The Conciliation Committee consists in equal shares of representatives from the Council and the Parliament

• Once the Committee has reached an agreement, the text is sent back to Parliament and Council for its final adoption as law

EU Proposal from EC to EP and the Council

First reading in the EP: adopts an opinion with or without amendments

First reading in the Council: either,

Adopts the text approved by the EP, with QMV Does NOT adopt the

text and adopts a COMMON POSITION

with QMVADOPTED

EUSecond reading in the EP

Approves the

common position

Does not take any decision

Rejects the common

position by absolute majority

Proposes amendments

to the common position by

absolute majority

ADOPTED ADOPTED NOT-ADOPTED

EC delivers opinion on

amendments

EU

The legal system

Second Reading in the Council

The Council accepts EP Amendments

The Council does NOT accept EP Amendments

ADOPTED The Council convenes, in agreement with

the EP President, the CONCILIATION COMMITEE

EU

The legal system

The Conciliation Committee can:

Fail to agree on a joint text

Approve a joint text and submit it to Council and EP

NOT ADOPTED

They agree within max.

6 weeks

They fail to agreewithin max.

6 weeks

ADOPTED NOT ADOPTED

EU

The legal systemPrevention of discrimination on the

grounds of nationalityFreedom of movement and

residencyFree movement of labourSocial security of migrant labourFreedom of establishmentTransportInternal marketEmploymentCustoms cooperationCombating social exclusionEqual opportunity and treatmentEducationVocational training

Implementation of decisions relating to ESF

General Regulation for Cohesion Policy

CultureHealthConsumer protectionTrans-European networksExecution of European Regional

Development Fund decisionsResearchEnvironmentPrevention and prosecution of fraud Visas, asylum and illegal immigration

(1 April 2005 at the latest)

Policy areas subject to co-decision:

EU

Thanks for your attention!

Documents

EU The European Union and the Decision-making process