EU Administration Study Document PDF

SESSIONS 16-17: THE STRUCTURE OF THE EU ADMINISTRATION Introduction to EU Administrative Law The EU is based on the rule of law - Separation of powers - Different principles followed - Every action taken by the EU institutions is founded on treaties - These treatise have been approved voluntarily an...

SESSIONS 16-17: THE STRUCTURE OF THE EU ADMINISTRATION Introduction to EU Administrative Law The EU is based on the rule of law - Separation of powers - Different principles followed - Every action taken by the EU institutions is founded on treaties - These treatise have been approved voluntarily and democratically by all EU MS - EU Treaty → binding agreement between EU MS setting out: - EU objectives - Rules for EU institutions - How decisions are made - Relationships between EU and its MS - Treaties take amendments - To make EU more efficient and transparent - Prepare for new member countries - Introduce new areas of cooperation such as single currency - Under the treaties EU institutions can adopt legislation which the MS then implement I. INSTITUTIONS: Basic Scheme ➔ The Voice of the Member States: Council of the European Union - Institution formed by own ministers of government so each MS decides which members will represent their country ➔ The Guardian of the Common Interest: Commission - In charge of setting new proposals of legislation and representing EU abroad ➔ The Voice of the People: European Parliament - The only body elected by citizens themselves - Commission and Council is staffed by people that have not been elected by citizens themselves - Members are not grouped based on nationality but on politics I. INSTITUTIONS: Main Institutions → What does the institutional architecture of the EU look like? 7 main institutions - Key institutions: 1. EU Parliament 2. European Council 3. Council (of European Union) (referred to as Council) 4. Commission - Other institutions: 5. Court of Justice 6. Court of Auditors 7. European Central Bank ROL Application → these 7 institutions can only act in accordance with EU treaties I. INSTITUTIONS: EU Parliament The Parliament is the directly-elected EU Body with functions that can be grouped into: - Legislative - Supervisory - Budgetary Members of EU Parliament - Number of MPs for each country depends on population - However, no country can have less than 6 or over 96 MPs - Every election the number of MPs are decided - MPs are grouped by political affiliation, not by nationality Functions of EU Parliament - Legislative functions are allocated to the Parliament and the Council - Parliament can request that the Commission drafts new legislation on a particular topic - Commission will draft this - Then → Parliament will adopt this legislation - Agreements need to be reached between Parliament and MS regarding legislation Legislative Passing EU laws together with the Council of the EU based on European Commission proposals Supervisory Budgetary Democratic scrutiny of all EU institutions Establishing the EU budget, together with the Council Electing the Commission president and approving the Commission as a body Deciding on international agreements Deciding on enlargements Reviewing the Commission’s work programme and asking it to propose legislation Approving the EU’s long-term budget, the ‘multiannual financial framework’ Granting discharge ie. approving the way EU budgets are spent Examining citizens’ petitions and setting up inquires Discussing monetary policy with the European central bank I. INSTITUTIONS: Council of the European Union Main function - Government minister from each MS meet at the Council to discuss, amend, and adapt lows + coordinate policies - Ministers have the authority to commit their governments to the actions agreed on in the meetings - The main decision making body of the EU in conjunction with the Parliament - If there is no agreement between the two → no new legislation is passed European Council vs The Council - European Council → where EU leaders meet to set the broad direction of EU policy-making - A political body - Council of Europe → not an EU body at all - International association aimed at protecting human rights - Not subject to any kind of EU legislation - Acts as an international association What does the council do? 1. Negotiates and adopts EU laws together with the Parliament based on Commission proposals 2. Coordinates EU countries’ policies 3. Develops EU foreign and security policy based on European Council guidelines 4. Concludes agreements between EU and other countries or IGOs 5. Adopts the annual EU budget with Parliament EU Council membership - There are no fixed members of the Council - Members of the Council are government ministers from each country - If the council discusses matters of environment → each MS will send the minister in charge of environmental affairs - Each country elects its own ministers to go to Council based on the topic that will be discussed at EU level I. INSTITUTIONS: The European Commission Promotes the general interest of the EU by: - Proposing + enforcing legislation - Implementing policies Main functions 1. Proposes new laws to the Parliament and Council 2. Enforces EU law (which must be approved by the Parliament and Council) 3. Manages EU policies and allocates funding 4. Represents the EU internationally Parties involved - Political leadership → provided by a team of 27 Commissioners - One from each MS - Led by the Commission president → decides who is responsible for which policy area/portfolio - Day-to-day running of Commission business → performed by Commission staff - Lawyers, economists, etc. - Organized into departments known as Directorates-General (DGs) - Each DG is responsible for a specific policy area/portfolio Catalonia: Press Releases Based on these press reports, have the EU institutions heeded peoples calls for amnesty in Catalonia? ‘COUNCIL OF EUROPE ADVISER BACKS SPANISH AMNESTY LAW’ ○ The Council of Europe is not a european institution, an international body, ○ For that reason the Council of Europe advisor backs Amnesty Law ○ Butt not that the EU as political union is giving comfort to the spanish government according to European legislation I. INSTITUTIONS: Other Institutions Institution European Council Court of Justice Court of Auditors European Central Bank Role Defines the general Ensuring EU law is political direction and interpreted and applied priorities of the EU the same in every EU country; ensuring countries and EU institutions abide by EU law To check EU funds are collected and used correctly and help improve EU financial management Manage the euro keep the price stable and conduct EU economic and monetary policy Members I. heads of state or government of EU countries 1 from each EU country ECB president and vice president and governors of national central banks from all EU countries II. European council president III. European Commission President II. SOURCES OF EU LAW Quick Overview: - Commission → proposing new legislation - Parliament → adopting legislation a. Court of justice: 1 judge from each EU country + 11 advocates general b. General cort: 2 judges from each EU country II. SOURCES OF EU LAW: Primary Sources Primary Sources/Legislation: Treaties - Agreed and ratified by all MS - The ‘constitution’ of the EU - Treaty of the EU (TEU) → contains general provisions defining the Union - Contains the basic constitutional principles on which the EU is based - Sets out the EU’s purpose, democratic principles, institutions, and governance framework - Sets out provisions on enhanced cooperation, external action, and the EU’s common foreign and security policy - Treaty for the EU (TFEU) → contains specific provisions with regard to the Union institutions and policies - Contains the policy areas in which EU Institutions and MS can be active - I.e., Environmental functions - So, this treaty says that the European Institution must pursue environmental objectives concerning climate change - Also sets that MS are obliged that this objective is fulfilled - Main provisions are the 4 freedoms - Free movement of: goods, persons, services, and capital - Charter of Fundamental Rights (CFR) → contains large number of fundamental rights - Although not incorporated in the treaties has the same legal value as them II. SOURCES OF EU LAW: Secondary Legislation Article 288 TFEU REGULATIONS, DIRECTIVES, DECISIONS = BINDING legal acts RECOMMENDATION AND OPINION = NOT BINDING legal acts Regulations - General application - Binding in its entirety - Directly applicable in all MS (different from directives) - Once approved MS don’t have to do anything else → regulation will apply to their territory - Do not need transposition act - However, to achieve effective application additional legal arrangements at national level are usually made Directives - Binding upon each MS to which it is addressed as to the result to be achieved - Not directly applicable → leaves the national authorities a choice of form and methods - Must be transported to national legislation - Legislative act approved at MS level to set the contents of the directive at state level - Allowed to decide the form and method they use to transpose - Has indirect effect - Exceptionally, can have direct effect in MS in three cases: 1. The directive has not been transposed into national law or has been transposed incorrectly 2. The provisions of the directive are imperative and sufficiently clear and precise 3. The provisions of the directive confer rights on individuals Decision - Binding in its entirety - A decision which specifies those to whom it is addressed shall be binding only for them - I.e., Google Case → sanction through decisions - Different from directives → EU laws relating to specific cases + directed to MS(s), companies, private individuals Recommendations and Opinions - Shall have no binding force - E.g., when MS are unsure how to go about regulation so recommendations are given Adopting Directives and Regulations 1. Commission proposes legislation 2. Proposal discussed by the Parliament and Council 3. If successful, implemented into EU law II. SOURCES OF EU LAW: Regulatory (Non-legislative) Acts Regulatory Acts - Include delegated and implementing acts - Adopted by the Commission - OR, exceptionally, by the Council of the EU - To specify how legislation should be implemented with regard to highly technical aspects Implementing Acts - Non-legislative acts adopted by the Commission - Or exceptionally by the Council of the EU - To specify how legislation should be implemented with regard to highly technical aspects - Primary responsibility for implementing EU law lies with EU countries - However, in areas where uniform conditions for implementation are needed adopted by the Commission (or exceptionally the Council) - Taxation, agriculture, internal market - Controlled by the EU countries - Citizens and other stakeholders can provide feedback on the draft text of an implementing act for 4 weeks before the relevant committee votes to accept or reject it