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European Union

Institutions

The Council of European Union 

The European Parliament

The European Commission

The European Court of Justice

The European Court of Auditors


The European Council has the role of establishing the directions of the EU development, being thus de facto the sixth and the most important institution of the European Union, even though it is not mentioned as an institution in the  founding treaties of the European Union.

Besides the institutions mentioned above, there are functioning in the EU some community agencies: the  Economic and Social Committee (ECOSOC), the European Investment Bank (EIB), the Committee of the Regions, the Committee of Permanent Representatives (COREPER), EUROPOL, EUROJUST, the Central European Bank and the European Ombudsman.
 
The last enlargement of EU has brought administrative problems, slowing down the speed of the decision-making process. The European institutions created for six states, seem to be inefficient in a Union of twenty-five. The European Constitution proposed a series of reforms of the European structures, but unfortunately, it was not approved in the France and Dutch referenda. Currently, the European Union functions according to the provisional rules established by the Treaty of Nice (2001/2004). 

 The Council of European Union

 The Council of European Union, Bruxelles
  The Council of the European Union should not be confused nor with the Council of Europe, which is a distinct international organization neither with the European Council.

In current speech, the term generally used for the Council of the European Union is the Council of Ministers or just the Council. The Council is a single body that convenes in different components due to the organizational reasons which depend on the discussed topics. The Council consists of representatives from the governments of the member states. It is called the General Affairs and External Relations Council or General Council, when the members of the Council are the Ministers for Foreign Affairs of the member states. “Sectorial councils” are those councils representing Ministers from a certain field (Agriculture, Finance, Industry and Commerce etc.). According to its componence, we speak about Council Configurations. In the 1990s, there have been twenty-two Council Configurations, of which nine remained until 2006:


1. General Affairs and External Relations

2. Economic and Financial Affairs

3. Cooperation in the Field of Justice and Home Affairs

4.
Employment, Social Policy, Health and Consumer Affairs

5. Competition

6. Transport, Telecommunications and Energy

7. Agriculture and Fisheries

8. Environment

9. Education, Youth and Culture


1. General Affairs and External Relations

The General Affairs and External Relations Council, together with the Agriculture and Fisheries Council, is one of the oldest Council configurations. Beginning with June 2002, within this Council there are separate meetings based on the topics of General Affairs or Foreign Relations.

The Council meets every month. At the sittings are present all the Ministers of Foreign Affairs of the EU member states. The Ministers of European Affairs, Defense, Development or Commerce can also participate depending on the topics of the agenda.

A. General Affairs

In this session, the Council works on documents concerning more than one of the Union’s policies, such as the enlargement of the European Union or the pluri-annual EU budget. This Council also prepares the assembly of the European Council and debates on the issues convened at the EU summits. The General Affairs Council also coordinates the policies of other Council configurations. The General Affairs Council also deals with the problems transferred by the European Council.

B. External Relations

The Council deals with all the problems concerning the foreign policy of the European Union, including the Common Security, the European Security and Defense Policy, the Foreign Trade and the cooperation development. One of the priorities of the last years was ensuring, coherence in the external actions of the European Union, together with the European Comission. In the framework of the Common Foreign and Security Policy (CFSP), the Council adopts all the common actions and positions. An unanimous vote is necessary to adopt a resolution. The Council makes all the conclusions about the discussed things at the end of the sittings. The Ministers for Defense takes part in these sittings two times a year, besides the two other annual meetings dedicated to informal discussions.

During the CFSP meetings, the key role in the formulation, preparation and implementation of the CFSP belongs to the High Representative for the Common Foreign and Security Policy.

In organizing the sittings concerning the CFSP, a major role is assigned to the Political and Security Committee, which defines the policies by creating scenarios, which are debated during the sittings.
The Political and Security Committee has an important role in the decision-making and in the outlining of the strategic directions in the crisis operations’ management.

Regarding Foreign Trade, the decisions are taken by the qualified majority of the Council. The responsibility for the negotiation and management of the trade agreements, including tariff amendments, custom or protection measures, is assigned to the European Commission, which has to consult a Council called “the Committee of Article 133”. In the field of development and cooperation, the Council takes decisions by a qualified majority or in the process of the co-decision with the European Parliament. This field is very important, making the European Union the world’s biggest aid provider for development 

2. Economical and Financial Affairs

The Economical and Financial Affairs Council is one of the oldest Council configurations. In the European institutions language, it is known as ECOFIN. ECOFIN brings together the Ministers for Finance and Economy, as well as the Ministers responsible for the national budgets of EU member states in case of the sessions dealing with budgetary problems. ECOFIN deals with such problems as:

- Coordination of the Economic Policy;
- Monitoring the economy;
- Monitoring the budgetary policy and the public finances of the EU member states ;
- Financial markets and capital movement;
- Economic relations with third countries.

The decisions are usually taken by qualified majority, after consulting or deciding together with the European Parliament. In fiscal problems, unanimity is needed and Great Britain is one of the biggest supporters of this procedure. The ECOFIN Council, together with the European Parliament, prepares and adopts the annual budget of the European Union.

The unique European currency, the Euro, was introduced only in twelve of the twenty-five member countries. Accordingly, a day before the ECOFIN meetings, the Ministers of the twelve countries from the Euro zone come together to debate and take decisions about the problems related to the Economic and Monetary Union. The representatives of the states that are not in the Euro zone, but still take part in the ECOFIN meetings do not have the right of vote in issues related to the Euro and the Economic and Monetary Union.

3. Cooperation in the Field of Justice and Home Affairs

This Council configuration brings together all the Ministers of Justice and Internal Affairs of the EU member states. It meets once in two months to decide on such issues as development and implementation of common policies in this sector. The cooperation in the field of Justice and Internal Affairs represents one of the three pillars of the European Union according to the Maastricht Treaty.

Most of the problems discussed by this Council are convened upon by way of unanimous vote, then discussed within the European Parliament’s consultation procedure. In certain fields such as visa policies or judicial cooperation in the civil field, the decision is taken by the qualified majority of the Council and through consultation procedure or in co-decision with the European Parliament. Though the EU pillars were set up only in ’90, the member states started working together in the field of Justice and Home Affairs already in the middle of 1970s on an informal non-governmental level.

Denmark, Great Britain and Ireland are not fully involved in the discussions of certain problems in this Council configuration. For instance, Great Britain and Ireland don’t participate in discussions related to the legal decisions in the field of the free movement of people, the control of external borders and visa policies.

4. Employment, Social Policy, Health and Consumer Affairs

The Council of Employment, Social Policy, Health and Consumer Affairs is composed of Ministers from the EU member states working in the respective fields. The Council meets four times a year. The decisions are taken through qualified majority, the most used procedure being the co-decision with the European Parliament. The unanimity of votes is needed only for decisions in the field of Social Security.

This Council configuration adopts European provisions related to the adjustment and coordination of the national laws concerning the conditions of work, the consolidation of national policies concerning the disease prevention and the consumer’s protection.

Since the member states are responsible for the social protection and all the legal problems related to employment, the contribution of the Community consists only in the establishment of common objectives for all member countries, analyzing the measures taken on the national level and adopting recommendations for the EU member states. Though, this Council configuration has many limits, one of the advantages of its existence is that all the participants have the possibility of exchanging ideas and information and comparing their own results and experiences.

5. Competition

The Competition Council was created in June 2002 through the fusion of 3 existing structures: Local Market, Industry and Research. This institutional movement came in response to the demands for a better coherence and coordination of the problems related to the competitiion within the European Union. Depending on the issues on the agenda for discussions, the Council is composed out of Ministers for European Affairs, Research and Industry etc.

This Council meets five or six times per year. From its creation in 2002 till present, the Council has assumed the role of ensuring fair competitiion in the process of the European economic growth. With the help of the European Commission, the Council analyzes the problems related to the competition in particular sectors and in general. The Council expresses its opinion about aspects related to competition and its impact on the European business environment. This Council configuration can make legislative proposals, which are usually approved by the qualified majority of the Council or through the co-decision of the European Parliament.

The three ground areas of interest of the Competitiveness Council are:

a) The Local Market

In this field the Council deals with the public acquisitions, the free movement of goods, the intellectual and industrial property rights, the legislation related to business and competition .

b) Industry

This sector is the central field of the Council’s activity. As it is stipulated in the Treaties, the action of the Community in the field of Industry has to be directed towards industrial adjustments and structural changes which would encourage the economic growth and a better protection of the environment in the EU states. Another area of interest is the support of small and middle companies, and the policies of innovation, research and technological development.

c) Research

In order to face competition from international businesses, the European Union encourages research, particularly through the Sixth Framework Program (2002-2006).

6. Transport, Telecommunications and Energy

Also restructured in June 2002, this Council includes, depending on the issues on the agenda, the Ministers for Transport, Telecommunications or Energy. This Council meets every other month. In what concerns Transports, Telecommunications and Energy, the goal of the EU is to create a common, modern and efficient system accommodating economic, social and environmental principles.

The Council helped in the last decade the implementation of Trans-European Energy, Telecommunications and Transport Networks. The Council adopted as well the decision regarding the creation of a European satellite navigation system, known as GALILEO, which will be available for the public interest as well as for the international cooperation and commercial exploitation.

The three basic areas of interest of the Transport, Telecommunications and Energy Council are:

a) Transport

The decisions are taken by the qualified majority of the Council and in the process of the co-decision with the European Parliament. If the agenda contains issues seriously affecting the life standards and the employment rate in some zones of the European Union, the Council must decide unanimously after consulting of the European Council. To the present the Council has been very active in solving problems appeared in the wake of the opening of the frontiers, the enlargement and the development of different kinds of transport.

b) Energy

The Energy Policies are in the competence of the EU member countries. There are no special chapters in the Communitarian Treaties referring to Energy Policies. However, the policy in the field of Energy was included in the objectives of the Community and it is mentioned in the sections of the Treaty concerning the Environment and the Trans-European Networks. The basic goal is to guarantee equal access to energy for all the European consumers and to create energy sources friendly to the environment. The Council adopts policies in order to ensure a proper level of gas, oil and electrical energy. Currently, the Council works on the creation of a Community Framework to introduce a competitive Energy Market on the EU level. We should mention here the Atomic Energy Area which is in the responsibility of the EUROATOM.

c) Telecommunications

In this area the Council works on four priority objectives at the European level:

- The establishing of an integrated network at the European level;
- The introduction of the Information Society;
- Opening the national markets;
- Streamlining the legislative differences between the EU member states.

7. Agriculture and Fisheries

This Council configuration is among the first Community institutions. It brings together, once every month, the Ministers for Agriculture and Fisheries, as well as different European commissioners from areas such as Agriculture, Fisheries, Food Security, Veterinary Problems and Public Health. The proceedings of the Agriculture and Fisheries Council are organized in 12 working formations divided in 45 subdivisions depending on the product (for example: corn, rice, meat etc.) or fields (for instance agro-monetary issues). Before being handed to the Council, the documents are studied by COREPER or by the Special Committee on Agriculture. COREPER usually deals with problems related to Fisheries, Alimentary Security and the budget for Agriculture. The decisions are taken by qualified vote; in the cases concerning the Agriculture and Fisheries the Council consults the European Parliament; in cases related to Food Security it uses the procedure of co-decision.

8. Environment

The Environment Council is composed of the Ministers for the Environment of the EU member countries and it meets four times a year. It takes decisions by qualified majority in co-decision with the European Parliament. In the last years, the environmental problems have become a priority on both international and community level.

9. Education, Youth and Culture

This Council configuration brings together the Ministers of the EU member states responsible for the Education, Culture and Youth three or four times per year. The decisions are taken by qualified majority or in co-decision with the European Parliament. An exception makes the field of Cultural Affairs which is the subject of unanimous vote. The basic role of the Union in this field is to ensure the cooperation between the member countries through the exchange of information and experience in problems of common interest. In fields such as the Audiovisual or mutual recognition of diplomas, there are also legislative channels stipulated the community treaties.

Decision-making within the EU Council of Ministers

The European Commissioners responsible for the respective fields usually participate in the sittings of the Council of Ministers. The President of this institution is assigned through rotation each 6 months. In 2006, the presidency of the EU Council is assured by Austria and Finland and in 2007, it is the turn of Germany and Portugal. Depending on the country that holds the presidency of the EU Council, one speaks about the “Austrian Presidency”, “Finnish Presidency” or “German Presidency” of the European Union. The President of the Council often has the difficult mission of finding a compromise between the member countries.

The Council attempts to balance the interest of the Community and the national interest of the EU member states, which give instructions to the Ministers, who are members of the Council.

The Council decides by vote. Each Minister has a vote, but the weight of the votes depends on the size and population of the country. There are three kinds of votes: simple majority for procedural issues, qualified majority for projects proposed by the Commission, and unanimous vote for the EU Foreign Policy, Defense, Political and Judicial Cooperation, Taxation etc.

The EU Council has legislative attributions similar to those of the National Parliaments. The Council is involved in the fields of Foreign Policy and Common Security, Judicial Policy and Internal Affairs, coordinates the economic policies of EU and approves the budget of the Community etc.

The decisions of the Council are prepared by the Committee of Permanent Representatives, a body known as COREPER, composed of experts united in working groups and committees in various fields. The experts are led by a Permanent Representative from each EU member state, assigned as ambassadors to the European Union. COREPER removes all the political and technical problems before forwarding the documents to the Council. The COREPER, unlike the EU Council, has a permanent activity. The Council’s residence is in Brussels, where it meets several times a month (in April, June and October the sittings are held in Luxemburg).


The European Parliament

The European Parliament

The European Parliament is the only supranational institution, the 732 members of which are elected democratically in universal and direct elections. The European Parliament represents the citizens from the 25 member countries. The Parliament is elected for 5 years and shares with the Council the power to legislate, i.e. to adopt European directives, regulations and decisions, which influence the everyday life of the ordinary citizens.

Each time when a treaty was revised the role of the European Parliament has grown in comparison with other EU Institutions. Currently, the Parliament is a co-legislator, influencing the adoption of the European budget and exercising democratic control over all the European Institutions. The Members of the European Parliament (MEP) are divided in multinational political groups and not in national delegations.

At present, there are seven European parliamentary groups. 
 
 
The Group of the European Socialists

The European Peoples Party and the European Democrats
 
Alliance of Liberals and Democrats in Europe
 
Group of the Greens/The European Free Alliance
 
The Confederal Group of the United European Left -The Green Nordic Left
 
The Union for Europe of the Nations
 
The Independence/Democracy Group
 

The next parliamentary elections are planned for 2009 and so the composition of the European Parliament will not change considerably until then. The members of the European Parliament dispose of juridical immunity and their salaries correspond to the salary of the members of their national parliaments. There are significant differences between the salaries of the Eastern European representatives and the ones from Western Europe.

The European Parliament meets in monthly ordinary sessions which last a week (with the exception of the month of August) and in extraordinary sessions. Most of the proceedings take place in the frames of twenty European Parliamentary Commissions. There are also thirty-five delegations of the European Parliament, whose role is to maintain relations with the third countries, i.e. states that are not members of the EU.

Unfortunately, the European Parliament does not have a single residence, which is affecting its efficiency: the plenary sessions take place in Strasbourg, the Parliamentary Commissions meet in Brussels and the General Secretariat is in Luxemburg. All the meetings are held in the twenty official languages of the European Union.

The European Commission

 The European Commission, Bruxelles

The European Commission represents the “European idea”. It is one of the supranational institutions that participate in the EU decision-making process. But its role it is not always clear to the public. What does the Commission do? How does it work?

The Commission represents the interests of the Community, having the functions of a “guardian of the Treaties” and EU executive and representative body, including participation in the legislative procedures. In order to be a real ”Guardian of the Treaties” and the defender of the common interest, the Commission has the unique right to initiate legislative proposals that are examined afterwards by the European Parliament and the Council of the European Union. The Commission is responsible as well for the implementation of the common policies (such as the Common Agricultural Policy), the administration of the budget and the EU programs.

Each proposal made by the Commission represents the European interests and corresponds to the principles of subsidiary and proportionality. The Commission works for the benefit of the entire Community and not only for a certain member state or interest group. Often, before proposing a certain Community Act, the Commission analyzes its impact on the environment, economy and society. The Commission proposes regulations at the EU level only for reasons of efficiency, without interfering otherwise on the national, regional or local level.

Jose Manuelo Barroso - The President of the European Commission

The President of the European Commission is proposed by the European Council and approved by the European Parliament. If the candidature of the President is rejected, the European Council has to name another candidate in a month. The President of the European Commission assigns the other Commissioners from the list proposed by each member state. In order to ensure the independence of the Commission, the treaties stipulate that the Members of the Commission cannot ask or receive instructions from their national Governments or other national or Community Institutions. The Commissioners meet at least once a week. Usually these sittings take place on Wednesday in Brussels, with the exceptions of the weeks when the European Parliament has plenary sittings, when the Commission meets in Strasbourg. The discussions in the Commission are confidential; the working agenda and the records can be found on the website of the General Secretariat. The European Commission is divided in twenty-six General Directorates (DGs) and nine Services, divided at their turn in Units.


The European Court of Justice

 European Court of Justice, Luxembourg

The European Court of Justice resides in Luxemburg and its role is to guarantee the application, of the Community Law on the entire territory of the European Union. The European Judges cannot be influenced in their decisions by the member states to which they belong and have to ensure the interest of the Community. The Court has to solve litigations between Community Institutions, the European Commission (representing the interests of the EU) and the member states, between member states and finally between juridical and physical persons and the EU. The Court consists of twenty-five Judges representing each member state and nine General Advocates. The Court has a jurisdictional and consultative function, approving the revision of the treaties. The jurisdictional function has several aspects: constitutional (appeals against a member state or institution); administrative (control of the Community Acts); civil (prejudice interests). Because of the rising number of appeals to the European Court of Justice, there are many debates about the reform of the existing system.

The European Court of Auditors

  European Court of Auditors, Luxembourg

The European Court of Auditors was set up in Luxemburg, in 1975. The Court has financial control over the institutions of the Community, including the incomes of the Community and the expenditures of the budget of the Community. The Court writes annual reports on the administration of the financial resources of the Community.

Despite the similarities between the European Court of Auditors and national institutions of the same kind, the European Court of Auditors has no jurisdictional function.