1. General information about the EU system of bodies.

2. Main EU bodies: general characteristics.

4. EU advisory and subsidiary bodies

General information about the EU system of authorities

In accordance with Art. 4 of the Treaty on European Union of 1992, the implementation of the tasks assigned to the Community is ensured by its main bodies (“institutions”):

1) Council of the EU;

2) Parliament;

3) Commission;

5) Chamber of Accounts (Chamber of Auditors).

These five governing bodies form a single institutional mechanism, which should ensure coherence and continuity of activities carried out to achieve common goals.

The EU Treaty has been integrated into the system of governing bodies European Council, which is an informal meeting of the heads of member states. At their summits, they discuss the most important and pressing issues in the political and economic life of Europe and make decisions on them.

A common feature of all EU institutions (main bodies) is that they have the authority to adopt legally binding acts for member states, legal entities, and citizens. However, the scope and content of these powers are different. This makes it possible to classify the institutions of the European Union.

Depending on the order of formation, “elected” and “appointed” institutions are distinguished. Thus, the European Parliament is directly elected by EU citizens according to established quotas depending on the number of voters in a particular country. The remaining EU institutions are appointed.

A number of EU bodies are formed on a parity basis (one state - one member). According to this principle, four of its institutions are formed in the EU: the Council, the Commission, the Court and the Court of Auditors (Chamber of Auditors).

Depending on the tasks performed, goals and areas of activity, EU institutions are sometimes divided into political ones, i.e. designed to develop and implement European Union policies in different areas his competences, and non-political ones. The first include the Council, Commission and Parliament. The Court and the Chamber of Auditors are considered non-political institutions.



By analogy with states, EU institutions are classified according to the functions, the “branches of government,” that they represent. The main legislative body is the Council, the executive body is the Commission, and the judicial (and supervisory) powers are exercised by the Court and the Chamber of Auditors. According to this classification, the European Parliament is part of the legislative branch of government, but does not have the independent right to issue normative acts.

In addition to institutions (governing bodies), the EU power system includes advisory and auxiliary bodies designed to assist government institutions in fulfilling their tasks. Such bodies include, in particular, the Economic and Social Committee, the Committee of the Regions, the European Central Bank, the European Investment Bank, the European Ombudsman, Europol (European Police Office).

Main EU bodies: general characteristics

Council of the EU (Council)

The Council of the European Union (Council) or, as it is called, the Council of Ministers of the EU is one of the governing bodies of the EU. Its status and powers are defined in Articles 202-210 of the EU Treaty.

The purpose of the EU Council is to ensure coordination of the common economic policy of the member states, manage the budget (together with the European Parliament), and conclude international treaties.

The Council of the EU has legislative and budgetary powers. He is the main decision-maker in the field of general foreign and security policy, as well as in the field of police and judicial cooperation in the criminal field.

Composition of the EU Council. In accordance with Article 146 of the EU Treaty, the Council includes one representative from each member state at ministerial level. For this reason, the Council of the EU is called the Council of Ministers, since it contains government representatives. The composition of ministers is determined by the nature of the issues that will be considered at the meeting.

Most often, foreign ministers are participants in EU Council meetings. But other ministers, for example, internal affairs, agriculture, culture, finance, education, environmental protection, can also participate in its work.

There are currently nine different compositions of the EU Council:

on general issues and international relations;

on economic and financial relations;

on justice and internal affairs;

on issues of employment, social policy, health care and consumer relations;

on competition issues;

on transport, telecommunications and energy;

on agriculture and fisheries;

on environmental issues;

on education, youth and culture.

The Chairman (or President) of the Council of the EU is the minister of the state that holds the EU presidency for the given six months.

Powers of the Council of the EU. They are determined based on the purpose of this body and can be divided into five groups:

1) coordination of economic and social policies of the EU;

2) implementation of the EU budgetary (financial) policy;

3) development and implementation of general policy on foreign policy and security policy;

4) formation of EU bodies and appointment of EU officials;

5) monitoring the activities of bodies and officials.

By developing a common position on key issues, the EU Council adopts the bulk of legal acts. Draft decisions must be previously agreed upon with the Commission and the European Parliament.

The Council is vested with the authority to prepare and adopt the EU budget together with the European Parliament, and subsequently monitors its implementation.

The Council's foreign policy powers include: concluding international treaties on behalf of the EU; publication of special acts within the framework of the general foreign and security policy; EU Delegation to international arena(it is carried out by the Secretary General of the Council - High Representative for CFSP issues); adoption of sanctions on behalf of the EU in relation to other states; deciding on the use of the EU Rapid Reaction Force.

The EU Council forms the EU Court of Auditors, the Economic and Social Committee, the Committee of the Regions and some other bodies. The Treaty of Nice gave the Council the power to establish "chambers of justice" and appoint their members. Together with the European Parliament, the Council takes part in the formation of the EU Commission.

The Council of the EU makes decisions on visa policy, migration and asylum.

Within the limits of its powers, the Council monitors the implementation of the constituent treaties and legislative acts of the EU.

Procedure for making decisions. In the practice of the Council, three methods of decision-making are used: by consensus (unanimous), qualified majority and simple majority.

On the most important issues - in the areas of foreign and security policy, police and judicial cooperation, asylum and immigration policy, economic and social harmonization policy, tax policy - the Council of the EU makes decisions by consensus. Each state has the right of veto in the main areas of activity and can block the adoption of one or another decision. In addition, abstention from voting is permitted.

Decisions are made by qualified majority on all other issues. Moreover, each state has a certain number of votes in the Council, proportional to the size of the population, and also taking into account economic indicators development of the country.

Previously, when there were 15 states in the EU, the following proportions were in force in determining the “weighted votes” of member states: Germany, Great Britain, Italy and France - 10 votes, Spain - 8, Belgium, Greece, Portugal and the Netherlands - 5, Austria and Sweden – 4, Denmark, Ireland and Finland – 3, Luxembourg – 2 votes. The decision was considered adopted if 62 votes were cast for it (i.e. 71.2% of total number). At the same time, at least 10 member states must speak in its favor.

· Germany, France, Italy and Great Britain 29

· Spain and Poland 27

· Netherlands 13

· Belgium, Czech Republic, Greece, Hungary, Portugal 12

· Austria and Sweden 10

· Denmark, Ireland, Lithuania, Slovakia and Finland 7

· Cyprus, Estonia, Latvia, Luxembourg and Slovenia 4

Malta 3

A minimum of 232 votes (72.3%) is required to obtain a qualified majority. In addition, the decision must be supported by a majority of states. Any country has the right to demand confirmation that the votes cast in favor represent at least 62% of the EU population.

That is, the decision-making system in the Council is based on three factors: the number of states that voted “for”; the number of weighted votes they own; demographic criteria (total population of the Member States).

The Council is convened by its Chairman and works on a non-permanent basis.

The official seat of the Council of the EU is Brussels. Three months a year (April, July and October) Council meetings are held in Luxembourg.

Organization and forms of work. Meetings of the Council are held at the initiative of the Chairman or at the request of member states. A session of the Council includes one or more meetings.

A national delegation headed by a minister (member of the Council) participates in meetings from each government. Representatives of the EU Commission as the subject of legislative initiative, and in some cases, the European Central Bank, also participate in the meeting with the right of an advisory vote.

Plays an important role in the preparation and implementation of decisions of the Council of the EU Committee of Permanent Representatives (KOREPER). It consists of ambassadors of member states accredited to the EU Commission. Within the framework of this Committee, drafts of almost all decisions that are later adopted by the Council are reviewed and approved.

In addition to the Committee of Permanent Representatives, the Council may establish various special committees and working groups (usually for the purpose of preparing draft legislative acts and their coordination with the governments of member states).

To create appropriate conditions for the activities of the EU Council and its working committees, the General Secretariat operates. Its number is about 2,500 employees.

European Parliament

According to Art. 137 of the EU Treaty, the European Parliament consists of representatives of the people of the member states united in the Community.

Initially, the European Parliament was formed from delegated members of national parliaments. Since 1979, MEPs have been elected by direct secret ballot in EU member states. The right to vote and be elected to the European Parliament belongs to EU citizens, regardless of their place of residence.

The term of parliamentary powers is 5 years. An early vacancy of a deputy mandate may occur due to the death of a deputy, voluntary resignation, or deprivation of a deputy mandate. The decision to deprive a deputy of a mandate is made by a majority vote from the list of members of Parliament.

Persons elected to the European Parliament have a free mandate (that is, they are not bound by the orders of their voters) and are endowed with parliamentary immunity, which can only be lifted by the Parliament itself.

Regardless of the country in which deputies are elected, they act as representatives of all the peoples of the EU as a whole and unite with each other into political groups (factions), based on their party affiliation.

The next elections of the European Parliament of the 7th convocation were held on June 4–7, 2009. 375 million voters from 27 countries took part in the elections.

The current parliament has the following number of parliamentary seats: Germany - 99; France, Italy and Great Britain - 78 each; Spain and Poland – 54 each; Romania – 35; Netherlands – 27; Belgium, Greece, Portugal, Czech Republic, Hungary – 24 each; Sweden – 19; Austria and Bulgaria – 18 each: Denmark, Finland, Slovakia – 14 each; Ireland, Lithuania – 13 each; Latvia – 9; Slovenia – 7; Estonia, Cyprus, Luxembourg – 6 each; Malta – 5 (total 785 deputies).

The number of seats allocated to each EU country depends primarily on the size of its population, although representation is not strictly proportional - small countries enjoy some advantage in this matter.

Powers of the European Parliament. The European Parliament is responsible for resolving the following issues:

1) adoption of legislative acts jointly with the Council and the Commission of the EU;

2) approval of the EU budget and the report on its execution;

3) control over the activities of other EU bodies and officials;

4) authorization of the most important international treaties of the EU;

5) giving consent for new members to join the EU.

In the legislative sphere, the European Parliament, together with the Council of the EU, considers and adopts regulations and other decisions, drafts of which are usually submitted by the Commission.

The scope of legislative powers of the European Parliament on different issues is not the same. In some cases, he participates in the legislative process with the right of an advisory vote (“consultative procedure”), in others - with the right of a casting vote (“joint decision-making procedure”).

The scope of shared decision making is constantly expanding. The Maastricht Treaty of 1992 gave the European Parliament the right to adopt legislative acts jointly with the EU Council in the field of regulation of the internal market, education, science, environment, health, culture, and consumer protection.

The Treaty of Amsterdam established 23 new areas of joint lawmaking between the European Parliament and the Council of the EU, and the Treaty of Nice added 7 more areas of legal regulation. Thus, the European Parliament and the Council of the EU are jointly responsible for adopting the EU budget on a proposal from the Commission. After discussing the draft budget, Parliament can reject it by a majority vote. In this case, the Commission and the Council shall make new project for approval by Parliament.

The EU Council and the Commission are obliged to submit reports to Parliament on the results of their activities, as well as a final annual report on the activities of the EU.

Parliament exercises constant control over EU bodies. He has the right to dissolve the Commission in the event of a decision on a vote of no confidence (this requires 2/3 of the votes of all deputies).

Parliament also monitors the implementation of EU policies in various areas, including by discussing reports on the work of various EU bodies.

In addition to legislative, budgetary and control powers, the European Parliament gives consent to the conclusion of the most important international treaties of the EU; gives permission for new states to join the EU; participates in the formation of a number of institutions and bodies of the Union: the Commission, the Court of Auditors, the Directorate of the European Central Bank, the EU Ombudsman.

Organization and forms of work. The work of the European Parliament is led by its Chairman, elected for a term of 2.5 years. The Bureau (including the Chairman and 14 vice-chairmen) and the Conference of Chairmen (consisting of the Chairman of Parliament and chairmen of parliamentary factions) act as advisory bodies to the Chairman.

Parliamentary factions, which represent European political parties and groups, play a significant role in organizing the work of Parliament. Greatest influence such parties as the European People's Party, the Party of European Socialists, and the Party of European Liberals are used in parliament.

The main work of deputies is carried out in 20 standing committees: on the budget; on budget control; on economic and currency relations; on employment issues and social relations; on environment, health and food security; on issues of industry, science and energy; on issues of the internal market and consumer protection; on transport and tourism; on regional development issues; on agriculture; on issues of culture and education; on civil liberties, justice and home affairs; on constitutional relations; on women's rights and gender equality; on petitions; on external relations; on development issues; on foreign trade.

The European Parliament works on a sessional basis. It is believed that the session lasts the whole year, but meetings usually take place once a month for a week.

The official residence of the European Parliament is located in Strasbourg (France). The Secretariat of the European Parliament is located in Luxembourg. It has more than 4,000 employees.

Introduction

The European Union (EU) is an association of 27 European states that have signed the Treaty on European Union (Maastricht Treaty) (Appendix 1). EU - unique international education: it combines the characteristics of an international organization and a state, but formally is neither one nor the other. The Union is not a subject of public international law, but has the authority to participate in international relations and plays a big role in them.

The first step towards the creation of a modern European Union was taken in 1951: Germany, Belgium, the Netherlands, Luxembourg, France, Italy signed an agreement establishing the European Coal and Steel Community (ECSC), the purpose of which was to unite European resources for the production of steel and coal, this agreement came into force in July 1952.

In order to deepen economic integration, the same six states in 1957 established the European Economic Community (EEC, Common Market) and the European Atomic Energy Community (Euratom). The most important and broadest of the three European communities was the EEC, so in 1993 it was officially renamed the European Community (EC).

The process of development and transformation of these European communities into the modern European Union occurred through, firstly, the transfer of an increasing number of management functions to the supranational level and, secondly, an increase in the number of integration participants.

Today the European Union includes: Belgium, Germany, Italy, Luxembourg, the Netherlands, France, Great Britain, Denmark, Ireland, Greece, Spain, Portugal, Austria, Finland, Sweden, Hungary, Cyprus, Latvia, Lithuania, Malta, Poland, Slovakia , Slovenia, Czech Republic, Estonia, Bulgaria, Romania.

Structure of the European Union

The structure of the European Union consists of the main institutions, or bodies. The traditional division of states into executive, legislative and judicial bodies is not typical for the EU. The main four institutions of the European Union were laid down back in 1952, when the European Coal and Steel Community was created, and the idea of ​​a European Council was not yet even visible. These institutions, namely the Assembly, the Council, the Commission and the Court, have remained essentially unchanged since then. The Assembly has become a supranational parliament, and the European Court has become a super-arbiter. At the same time, the role of the Council, consisting of representatives of the governments of the member states, has somewhat decreased, and the role of the European Commission as an executive body has not changed significantly.

Main institutions of the European Union

European Council

The highest political body of the EU, consisting of the heads of state and government of member countries and their deputies - foreign ministers. The President of the European Commission is also a member of the European Council. The creation of the European Council was based on the idea French President Charles de Gaulle on holding informal summits of leaders of the European Union states, which was intended to prevent the decline in the role of nation states within the framework of integration education. Informal summits have been held since 1961; in 1974, at a summit in Paris, this practice was formalized at the proposal of Valéry Giscard d'Estaing, who held the post of President of France at that time.

The Council determines the main strategic directions for the development of the EU. Developing a general line of political integration is the main mission of the European Council. Along with the Council of Ministers, the European Council has the political function of amending the fundamental treaties of European integration. Its meetings are held at least twice a year - either in Brussels or in the Presidency State, chaired by a representative of the Member State heading the given time Council of the European Union. The meetings last two days.

Council decisions are binding on the states that supported them. The European Council should be distinguished from the Council of the EU and from the Council of Europe. The European Council is not formally part of the institutions of the European Union. Within its framework, so-called “ceremonial” leadership is carried out, when the presence of politicians at the highest level gives the decision taken both significance and high legitimacy.

European Commission

The European Commission is the highest executive body of the European Union. Consists of 27 members, one from each member state. When exercising their powers, they are independent, act only in the interests of the EU, and have no right to engage in any other activities. Member states do not have the right to influence members of the European Commission.

The European Commission is formed every 5 years as follows. The Council of the EU, at the level of heads of state or government, proposes a candidate for the chairman of the European Commission, which is approved by the European Parliament. Further, the Council of the EU, together with the candidate for Chairman of the Commission, forms the proposed composition of the European Commission, taking into account the wishes of the member states. The composition of the “cabinet” must be approved by the European Parliament and finally approved by the EU Council. Each member of the Commission is responsible for a specific area of ​​EU policy and heads the corresponding unit (the so-called Directorate General).

The commission plays main role in providing daily activities EU aimed at implementing the fundamental Treaties. She puts forward legislative initiatives, and after approval controls their implementation. In case of violation of EU legislation, the Commission has the right to resort to sanctions, including appeal to the European Court. The Commission has significant autonomous rights in various policy areas, including agricultural, trade, competition, transport, regional, etc.

The Commission has an executive apparatus and also manages the budget and various funds and programs of the European Union (such as the Tacis program) (Appendix 2).

The headquarters of the European Commission is located in Brussels.

Today, the European Commission is chaired by José Manuel Barroso (Portugal).

EU Council

The Council of the European Union, or informally the "Council of Ministers", has a number of functions of both executive and legislative power, and is therefore often seen as a key institution in the decision-making process at European Union level.

It was created in 1952 and was intended to balance the European Commission. However, the competencies of these bodies are clearly divided. While the European Commission plays a more administrative role, the EU Council of Ministers exercises political leadership. The Council plays a key role in those areas of European integration where decision-making takes place at the intergovernmental level. In the terminology of the temple structure of the Maastricht Treaty, it can be said that the Council is most competent in those issues that can be classified as the second and third pillars of European integration (joint foreign and security policy and cooperation on internal issues). At the same time, the Council of the EU is part of the legislative body of the European Union. In fact, any legal act of the European Union must receive the approval of the Council, but a number of legal acts, as well as the budget of the European Union, are subject to a joint decision of the Council and the European Parliament.

The Council consists of the foreign ministers of the member states of the European Union. However, the practice of convening the Council consisting of other sectoral ministers has developed: economy and finance, justice and internal affairs, agriculture, etc. Council decisions have equal force, regardless of the specific composition that made the decision. The presidency of the Council of Ministers is exercised by EU member states in an order unanimously determined by the Council (usually rotation occurs according to the principle of large - small state, founder - new member, etc.). Rotation occurs every six months.

In the early periods of the European Community, most decisions of the Council required unanimous decision. Gradually everything greater application acquires a method of making decisions by qualified majority of votes. Moreover, each state has a certain number of votes depending on its population and economic potential.

Under the auspices of the Council there are numerous working groups on specific issues. Their task is to prepare decisions of the Council and control the European Commission if certain powers of the Council are delegated to it.

Since the Treaty of Paris, there has been a trend towards selective delegation of powers from nation states (directly or through the Council of Ministers) to the European Commission. The signing of new “package” agreements added new competencies to the European Union, which entailed the delegation of greater executive powers to the European Commission. However, the European Commission is not free to implement policies; in certain areas, national governments have tools to control its activities. Another trend is the strengthening of the role of the European Parliament. It should be noted that despite the evolution of the European Parliament from a purely advisory body to an institution that has received the right of joint decision and even approval, the powers of the European Parliament are still very limited. Therefore, the balance of power in the EU institutional system is still in favor of the Council of Ministers. Since January 1, 2009, the President of the Council of the European Union has been Mirek Topolanek (Czech Republic).

European Parliament

The European Parliament is an assembly of 785 members directly elected by the citizens of EU member states for a five-year term. The President of the European Parliament is elected for two and a half years. Members of the European Parliament are united not along national lines, but according to political orientation.

The main role of the European Parliament is to approve the EU budget. In addition, almost any decision of the EU Council requires either the approval of Parliament or at least a request for its opinion. Parliament controls the work of the Commission and has the right to dissolve it (which, however, it has never used).

Parliamentary approval is also required when admitting new members to the Union, as well as when concluding agreements on associate membership and trade agreements with third countries.

The last elections to the European Parliament were held in 2004. The European Parliament holds plenary sessions in Strasbourg and Brussels. President of the European Parliament - Hans Gert Pöttering (Germany).

European Court

The European Court of Justice (officially the Court of Justice of the European Communities) sits in Luxembourg and is the EU's highest judicial body.

The Court regulates disagreements between member states; between member states and the European Union itself; between EU institutions; between the EU and natural or legal persons, including employees of its bodies (the Civil Service Tribunal was recently created for this function). The court gives opinions on international agreements; it also issues preliminary rulings on requests from national courts to interpret the founding treaties and EU regulations. Decisions of the EU Court of Justice are binding throughout the EU. As a general rule, the jurisdiction of the Court of Justice of the EU extends to areas of EU competence.

Under the Maastricht Treaty, the Court is given the power to impose fines on member states that do not comply with its rulings.

The court consists of 27 judges (one from each member state) and eight advocates general. They are appointed for a six-year term, which can be extended. Half of the judges are replaced every three years.

The Court played a huge role in the formation and development of EU law. Many, even fundamental principles The legal order of the Union is based not on international treaties, but on precedent decisions of the Court.

Chamber of Auditors of the European Union

Created in 1975 to audit the budget of the European Union and its institutions. The Chamber is composed of representatives of member states (one from each member state). They are appointed by the Council by unanimous vote for a six-year term and are completely independent in the performance of their duties.

The Chamber of Auditors examines the accounts of income and expenditure of the European Union and all its institutions and bodies having access to European Union funds;

monitors the quality of financial management; after the end of each financial year, draws up a report on its work, and also submits conclusions or comments on individual issues to the European Parliament and the Council;

helps the European Parliament monitor the implementation of the European Union budget.

Headquarters - Luxembourg.

STRUCTURE OF THE EUROPEAN UNION AND DECISION MAKING IN IT

Senior Government Secretary Antti Posio

I Structure of the European Union

The Treaty on European Union came into force with the Maastricht Agreements on 1 November 1993, following ratification by all the then 12 member states. Then, starting in 1994, Finland, Sweden and Austria joined the Union. So, there are currently 15 member states.

The basis of the EU is the European Communities - founded Paris Agreement 1951 European Coal and Steel Community and founded by the 1957 Rome Agreement the European (Economic) Community and the European Atomic Energy Community. With the Treaty of Union, the cooperation of the member states extended to a common foreign and security policy, as well as cooperation in the field of law and domestic issues. The structure of the Union is usually called the “system of three columns”.
(Episcope film)

The first column (the so-called Community column) covers:

Domestic market, incl. working conditions and product safety
- competition policy
- economic and monetary policy
- trade policy
- Agriculture
- fishing

The second column includes cooperation between member states in the field of foreign and security policy. The goal is common positions (joint declarations and recommendations) and common actions (joint measures by member states) at the international level. There is also a discussion about organizing joint defense. Finland adheres to the principle of military non-alignment and self-defense.

The third column covers cooperation between member states in legal and internal matters, i.e., the internal security of the Union. It includes provisions on joint policies on entry, resettlement and asylum, customs, drugs and international crime, and police affairs. Based on legal cooperation, the Union strives for the convergence of the legislation of the Member States and for the recognition of sentences as valid throughout the Union. An important area of ​​legal cooperation is the protection of the Community's economic interests from attempts to obtain subsidies on false grounds.

Supernational features are evident only in the first column. The EU does not have the status of a legal entity. But all three communities that were part of the Union have this status. Union communities are independent legal entities with independent competence, independent of the member states. The supranational legislation obligatory for member states covers only the issues of the first column. Issues related to the second and third columns are certainly within the scope of interaction between the governments of member states.

Occupational safety and health issues belong to the first column (internal market) and are thus included in the framework of supranational legislation obliging member states. The issues that will be discussed here today and tomorrow are based mainly on the above-mentioned treaty establishing the European Communities (the so-called Rome Agreement).

II Bodies of the European Union

1. General

The organs of the European Union are composed of community organs. In matters of the first column, the communities enjoy an independent legislative power, which in European states belongs to parliaments elected by elections; executive powers belonging to governments; and jurisdiction vested in independent courts.

The organizational system sought to find a balance between the supranational form of decision-making and the national interests of the member states, and, on the other hand, between representative bodies elected through democratic elections and administratively appointed bodies.
(Episcope film)

On top level The activities and development of the Union are managed by the European Council, consisting of the heads of state and government of the Union members. The European Council does not take practical decisions on matters within the competence of the Union. Its task is to stimulate the development of the Union and outline a general political line of development. As a meeting of heads of state at the highest level, the Council effectively determines the tasks of the Union and its relations with member states. The Council convenes regularly at least once every six months, during the six-month chairmanship of each member state. Finland will hold the presidency of the European Union from the beginning of July 1999 until the end of the year.

The main institutions of the Union are the European Parliament, the Council of the European Union, the Commission of the European Communities, and the Court of Justice. The Commission and the Court, and partly the Parliament, represent exclusively union interests. The achievement of national goals, in turn, is facilitated by the Council.

2. European Parliament

The European Parliament is a representative body with a total of 626 members, who are directly elected in each of the member states. 16 deputies are elected from Finland. Members of the European Parliament create their parliamentary factions based on political orientation, not nationality.

Parliament participates in the selection of members of other institutions and can, with a qualified majority vote, recall the Commission. It is an advisory body to the Council and the Commission. The Parliament participates in legislative work as a body that gives its opinions and, in part, makes decisions jointly with the Council. Parliament can make it difficult for the Council to make decisions by issuing negative opinions. Parliament participates in the debate on the Union's budget and makes final decisions on discretionary spending. Parliament confirms, for its part, the admission of new members to the Union. To carry out practical work, the Parliament is divided into commissions, one of which deals, in particular, with issues of working conditions.

3. Advice

The actual decision-making body is the Council of the European Union. The Council (Council of Ministers) includes ministers of the governments of the member states in composition depending on the range of issues discussed. The Council of General Affairs deals with the most important issues within the competence of the Council. It consists of the foreign ministers of the member states. Issues of labor protection are dealt with by the relevant ministers of the member states in charge of labor protection - the ministers of labor or social security.

Typically, each board holds at least two formal meetings and one informal meeting during one chairman's term. The Council may meet simultaneously in two or more numerous compositions.

One minister from each member state is represented on the Council. However, the number of votes of Council members depends on the size and economic importance of the country. The ministers of Germany, France, Italy and England, for example, each have 10 votes on the council, while the ministers of Ireland, Denmark and Finland have only three votes each. The number of votes from other countries ranges from four to eight. (Film for episcope.)

The total number of votes is 87. A qualified majority requires 62 votes. Labor safety laws are confirmed by the Council by a qualified majority. All issues raised at the Council are discussed in the Committee of Permanent Representatives of Member States (Coreper), consisting mainly of ambassadors.

Preparation of issues, prior to their consideration by the Committee of Permanent Representatives, is carried out in committees and working groups. Experts from central administrations and representative offices of member states participate in the discussion of issues in working groups. In particular, many employees of the Finnish Ministry of Labor present here are participating in the discussion of occupational safety issues. In the working groups, all proposals are carefully checked, and only those issues on which there is no consensus in the working groups are referred to the Committee of Permanent Representatives. Agreed issues are generally not considered by the Committee of Permanent Representatives. Only issues that remain open in the Committee of Permanent Representatives are transferred from the Committee of Permanent Representatives to special consideration by the Council. From the Council's point of view, the main emphasis in the decision-making process is on the preparation of issues in working groups. In them, representatives of member states naturally act within the framework of the powers granted by their ministers.

4. Commission

The main working body of the European Union is the Commission. It consists of 20 commissioners, who are appointed by a single agreement of the governments of the member states for a five-year term. The Commission must have at least one representative from each member country. However, the members of the Commission in their work do not represent the member country, but exclusively the Union.

In the development of Community legislation, the Commission has the exclusive right of initiative. All proposals must go through the Commission. During the discussion, the Commission may change its proposal or remove it from the agenda. The Commission is responsible for the implementation of Community decisions, monitors compliance with Union laws in member states and, if necessary, initiates proceedings in the courts of the European Communities against a member state for breach of membership obligations.

The commission is divided according to the issues discussed into 23 main directorates. Commission proposals are usually based on legislative drafts, which are carefully weighed in the relevant Commission directorate and in its working groups. Representatives of the Commission have the right to participate in the discussion of the proposal in all authorized bodies of the Union.

5. Other organs

The Court of Justice of the European Communities ensures the correct application and interpretation of Community law. The Court of Audit controls the expenditure of funds and the management of working bodies. Together with the central banks of the member states, the Central Bank of Europe constitutes the central banking system of Europe. It is expected that over time the Central Bank of Europe will have the exclusive right to issue treasury notes.

In addition to the Parliament, the representative bodies are the Committee on Regions and the Committee on Economic and Social Issues, which give non-binding opinions to the Council and the Commission. They represent Member States' knowledge across different areas and regions.

III Legislature of the European Communities

Legislative power is the power to make binding regulations. Legislative power in the Union is exercised by the communities. Thus, the legislative power affects the sphere of issues of the first column - the Community column. In the area of ​​issues of the second and third columns, the Union cannot make laws.

The basis of the legal order of communities are founding agreements and accession agreements (primary law). On these treaties is based the power of communities to make supranational laws and interpret them. They approve the mission and goals of the communities, and also establish the procedure for using competence. In other words, they are a kind of constitutions of the Union and its communities.

The legislative work of the communities must always be based on the mandate contained in the above-mentioned agreements. The new labor protection legislation is based mainly on Articles 100a (products) and 118a (working conditions) of the Rome Agreement.

The highest legislative power in the communities belongs to the Council (Council of Ministers), consisting of the relevant ministers of the member states. The Council may issue legal acts on labor protection in the manner prescribed by the Foundation Agreement, based on decisions based on a qualified majority. The Commission and Parliament also have limited legislative power.

2. Main types of legal acts

Legal acts of the Council are either regulations or directives. The resolution is valid in all cases. It is mandatory in all parts and applies as such in all Member States. The ruling automatically supersedes national legislation on this issue.

The Directive obliges Member States to strive for the goal set out in it, but allows national authorities to choose forms and methods. The Directive obliges the governments and parliaments of member states to legislate. It obliges Member States to bring national legislation into conformity with the content of the directive within a specified period of time. If national legislation does not comply with the requirements of the directive after the expiry of the period, then the directive can enter into force in the member state, after which it is applied as such, like a regulation. OSH legislation is based on directives. The scope of control by labor protection authorities, however, also includes the regulation of the European Communities on driving and rest periods for drivers of heavy vehicles. The resolution applies, in particular, to transport from the St. Petersburg region to Finland.

3. Execution of legal acts and control over them

The implementation of legal acts and monitoring their compliance is the responsibility of the Commission. In order to implement legal acts, the Commission publishes them officially and informs the authorities of the Member States about them. The authorities must then either bring national legislation into line with the requirements of the directive or indicate that existing legislation meets the requirements of the directive.

Directives can be incorporated into national legislation in a number of ways. In Finland, national legal acts are brought into line with the objectives defined in the directive through national legislation.

In the field of labor protection, sufficient changes to legislation are made, as a rule, by resolutions of the State Council (government). The presentations that Finnish representatives will give will describe how the main directives on occupational safety and health will be incorporated into Finnish legislation.

Member States must notify the Commission of the entry into force of directives. If the notified implementation does not comply with the directive, the Commission requires further clarification from the Member State. If necessary, the Commission makes comments to the government of a Member State about shortcomings in the implementation of Community legislation and demands their elimination. If a Member State does not remedy the deficiency, the Commission is obliged to bring the case before the Court of Justice of the European Communities, suing the Member State for failure to fulfill treaty obligations.

IV Court of Justice of the European Communities

1. Composition of the court

The Court of Justice of the European Communities is one of the five original institutions of the communities. It is located in Luxembourg and began operating in 1952. It consists of 15 judges who are members of the court. In addition to them, it consists of nine advocate generals and assistants. Judges and Advocates General are appointed general decision governments of member states for a six-year period. In practice, the court consists of one judge from each member country.

2. Objectives and status of the Court

The Court's task is to ensure respect for the law in the application and interpretation of Community legislation. The Court hears direct claims and provides national courts with precedent decisions on the interpretation and validity of Community law.

It has the exclusive right to interpret Community legislation, but has no hierarchical position in relation to the national courts of the Member States. In unclear cases, a court of a Member State may ask the Court of Justice of the European Communities for a precedent ruling on the interpretation of Community law. In such a case, the appellate courts of a Member State are obliged to ask for a precedent decision before making a final decision. The precedent decision of the Court of Justice of the European Communities binds the national court.

3. Legal control of the Court

In addition to issuing precedent decisions to national courts, the Court exercises legal control by deciding direct claims against Member States or Community bodies. The court makes decisions on claims and issues precedent decisions only upon requests. He has no right to put forward his own initiatives.

3.1. Claims against Member States

The Commission may bring an action against a Member State for breach of the Founding Agreement. A member state may also bring a claim against another member state for breach of membership obligations. So far, the Commission has filed about 600 claims. For political reasons, member states are not inclined to take each other to court.

If a Member State does not comply with a decision of the Court, the Court may, on the basis of a separate action brought by the Commission, impose a fine for omission.

3.2. Claims against Community bodies

Member states and other Community bodies (Council, Commission, Parliament) may challenge the legality of legal acts and decisions. To cancel a legal act, a claim must be filed within two months from the publication of the act. In exceptional cases, individuals and organizations can also bring claims to overturn the decision. In the same manner, a claim can be brought against a Community body for failure to fulfill its duties.

V Conclusion

The Court of Justice of the European Communities plays a significant role as a body guaranteeing the legal order of the Union and improving it. A politically independent Court makes the Community a legal system. As a neutral body, the Court can ensure the uniform application of Community law, the issuance of new legal acts and deepening integration. Therefore, the Court is a guarantor of development.

BY A QUALIFIED MAJORITY, INCLUDING:

WORKER HEALTH AND SAFETY

WORKING CONDITIONS

INFORMING AND LISTENING TO WORKERS

EQUALITY IN THE LABOR MARKET

INTEGRATION OF THOSE WHO HAVE BEEN EXTRACTED FROM THE LABOR MARKET

PRODUCT SAFETY

CONSIDERATION OF WORK LIFE ISSUES IN THE EU

1. COUNCIL OF MINISTERS OF LABOR AND SOCIAL SECURITY

2. COMMITTEE OF PERMANENT REPRESENTATIVES I

3. WORKING GROUP ON LABOR AND SOCIAL SECURITY ISSUES

4. EUROPEAN PARLIAMENT

5. COMMITTEE OF REGIONS

6. COMMITTEE ON ECONOMY AND SOCIAL SECURITY

7. REPRESENTATIONS OF MEMBER COUNTRIES IN THE EU

8. COMMISSION
(commissioners)

9. GENERAL DEPARTMENTS (DG)

(DG-V for Labor and Social Security)

COMMON TYPES OF EU LEGISLATION

DECREES
themselves oblige the member country

DIRECTIVES
oblige to bring legislation into compliance with them

REGULATIONS
oblige those to whom they are addressed

CONCLUSIONS
normative

Control methods used by the commission

1. Notice of entry into force of the directive (notification)

2. Notice of technical rules
- dir. 83/189/EEC
- State resolution council 885/1995

3. Communication about labor safety rules
- Commission resolution 88/383/EEC

4. Report on the application of the directive
- once every 4 or 5 years
- views of the parties to the number of agreements
- addressed to the commission
- Parliament, Committee on Economics
and social security,
occupational safety advisory committee

5. Unofficial control
- notes, visits

6. Official reprimand
- Article 169
- justified statement of the commission
- EU Court of Justice

Composition of the EU Court of Justice and appointment of its members

15 judges, one judge from each member state

9 Advocates General

Registrar

Other personnel, about a thousand people

Judges and Advocates General are appointed by joint agreement of governments for a period of 6 years.

Meets in departments and in plenary sessions.

FUNCTIONS AND COMPETENCE

1. Monitors compliance with the law in the interpretation and application of the Foundation Agreement.

2. Competence only in the internal market
limited to certain claims and precedents

3. Monopoly of interpretation of community jurisdiction issues

4. No hierarchical position in relation to national courts judgment recognizing the legitimacy of claims

claim by a member state against another member state

claim on the legality of the EU institution's decision
* a claim for annulment, which can be brought by another institution, and also, under certain conditions, by a private party

*within two months from the decision

* claim for passivity

ENFORCEMENT OF SENTENCES

Loyalty

Compensatory or suspended fine imposed by an EU court

National consequences

ROLE OF THE COURT

Wide Discretion

The decisive importance of the purpose and objectives of the agreement

The legal norms of the court decision are included in the acquнs Communautaire (collection of legal norms)

Significant role in implementing integration

Student response (03.10.2016)

The institutions of the European Union are institutions of the European Union that represent and ensure the interests common to all EU member states. At this moment, in accordance with all agreements binding all member states on common grounds, the 7 most basic and governing bodies of the EU were formed: The European Council is the supreme socio-political body of the European Union, consisting of the heads of countries and governments of the EU member states. The European Union Committee is, along with the European Parliament, one of the two legislative bodies of the European Union. The European Commission is the supreme executive body of the European Union. Responsible for the implementation of decisions of the Union, monitors compliance with its laws in member states and, if necessary, initiates proceedings in the court of the European Union against member states for damage to membership promises. Court of Justice of the European Union - Supreme Court EU. The European Parliament has 3 important tasks: legislation, budgeting and control of the European Commission. Elected by the population since 1979. The European Court of Auditors is the institution that audits the budget of the Union and its institutions. The European Main Bank is the main bank of the European Union and the euro area. Bodies: European Court of Auditors. The European Court of Auditors was created in 1975 to audit the budget of the EU and its institutions. The Chamber is composed of representatives of member states (one from each member state), who are appointed by unanimous decision by the Council for a six-year term and are completely independent in the performance of their duties. Functions: 1. checks the income and expenditure reports of the EU and all its institutions and bodies with access to EU funds; 2. monitors the quality of financial management; 3. after the end of each financial year, draws up a report on its work, and also submits conclusions or comments on individual issues to the European Parliament and the Council; 4. helps the European Parliament monitor the implementation of the EU budget. Headquarters - Luxembourg. European Central Bank. The European Central Bank was formed in 1998 from banks of 11 EU countries included in the eurozone (Germany, Spain, France, Ireland, Italy, Austria, Portugal, Finland, Belgium, the Netherlands, Luxembourg). In subsequent years, 8 more countries adopted the euro, the last member to join was Lithuania on January 1, 2015. In accordance with Art. 8 of the Treaty establishing the European Community, the European System of Central Banks was founded - a supranational financial regulatory body that unites the European Central Bank (ECB) and the national central banks of all 28 member countries of the European Union. The ECB is governed by the governing bodies of the ECB. European Investment Bank. Created in accordance with the Treaty, on the basis of capital provided by member countries. The EIB has functions commercial bank, operates on international financial markets, provides loans to government agencies of member countries. European Economic and Social Committee. The Social and Economic Committee is an EU advisory body. Formed in accordance with the Treaty of Rome. Consists of 344 members called councillors. Functions. Advises the Council and Commission on EU socio-economic policy issues. Represents various sectors of the economy and social groups(employers, employees and liberal professions employed in industry, agriculture, the service sector, as well as representatives of public organizations). Members of the Committee are appointed by the Council by unanimous decision for a period of 4 years. The Committee elects a Chairman from among its members for a term of 2 years. After the admission of new states to the EU, the number of the Committee will not exceed 350 people. Venue of meetings. The committee meets once a month in Brussels. Committee of Regions. The Committee of the Regions is a consultative body providing representation of regional and local administrations in the work of the EU. The Committee was established in accordance with the Maastricht Treaty and has been in force since March 1994. It consists of 344 members representing regional and local authorities, but wholly independent in the performance of their duties. The number of members from each country is the same as in the Economic and Social Committee. Candidates are approved by the Council by unanimous decision based on proposals from member states for a period of 4 years. The Committee elects a Chairman and other officers from among its members for a term of 2 years. Functions. Consults the Council and the Commission and gives opinions on all issues affecting the interests of the regions. Location of the sessions. Plenary sessions are held in Brussels 5 times a year. European Commissioner for Human Rights. The European Commissioner for Human Rights deals with complaints from citizens regarding the mismanagement of any EU institution or body. The decisions of this body are not binding, but have significant social and political influence.

Student response (10/17/2016)

The organs of the European Union are composed of community organs. In matters of the first column, the communities enjoy an independent legislative power, which in European states belongs to parliaments elected by elections; executive powers belonging to governments; and jurisdiction vested in independent courts. The organizational system sought to find a balance between the supranational form of decision-making and the national interests of the member states, and, on the other hand, between representative bodies elected through democratic elections and administratively appointed bodies. At the highest level, the activities and development of the Union are governed by the European Council, consisting of the heads of state and government of the Union members. The European Council does not take practical decisions on matters within the competence of the Union. Its task is to stimulate the development of the Union and outline a general political line of development. As a meeting of heads of state at the highest level, the Council effectively determines the tasks of the Union and its relations with member states. The Council convenes regularly at least once every six months, during the six-month chairmanship of each member state. Finland will hold the presidency of the European Union from the beginning of July 1999 until the end of the year. The main institutions of the Union are the European Parliament, the Council of the European Union, the Commission of the European Communities, and the Court of Justice. The Commission and the Court, and partly the Parliament, represent exclusively union interests. The achievement of national goals, in turn, is facilitated by the Council. European Parliament The European Parliament is a representative body with a total of 626 members, who are directly elected in each of the member states. 16 deputies are elected from Finland. Members of the European Parliament create their parliamentary factions based on political orientation, not nationality. Parliament participates in the selection of members of other institutions and can, with a qualified majority vote, recall the Commission. It is an advisory body to the Council and the Commission. The Parliament participates in legislative work as a body that gives its opinions and, in part, makes decisions jointly with the Council. Parliament can make it difficult for the Council to make decisions by issuing negative opinions. Parliament participates in the debate on the Union's budget and makes final decisions on discretionary spending. Parliament confirms, for its part, the admission of new members to the Union. To carry out practical work, the Parliament is divided into commissions, one of which deals, in particular, with issues of working conditions. Council The actual decision-making body is the Council of the European Union. The Council (Council of Ministers) includes ministers of the governments of the member states in composition depending on the range of issues discussed. The Council of General Affairs deals with the most important issues within the competence of the Council. It consists of the foreign ministers of the member states. Issues of labor protection are dealt with by the relevant ministers of the member states in charge of labor protection - the ministers of labor or social security. Typically, each board holds at least two formal meetings and one informal meeting during one chairman's term. The Council may meet simultaneously in two or more numerous compositions. One minister from each member state is represented on the Council. However, the number of votes of Council members depends on the size and economic importance of the country. The ministers of Germany, France, Italy and England, for example, each have 10 votes on the council, while the ministers of Ireland, Denmark and Finland have only three votes each. The number of votes from other countries ranges from four to eight. The total number of votes is 87. A qualified majority requires 62 votes. Labor safety laws are confirmed by the Council by a qualified majority. All issues raised at the Council are discussed in the Committee of Permanent Representatives of Member States (Coreper), consisting mainly of ambassadors. Preparation of issues, prior to their consideration by the Committee of Permanent Representatives, is carried out in committees and working groups. Experts from central administrations and representative offices of member states participate in the discussion of issues in working groups. In particular, many employees of the Finnish Ministry of Labor present here are participating in the discussion of occupational safety issues. In the working groups, all proposals are carefully checked, and only those issues on which there is no consensus in the working groups are referred to the Committee of Permanent Representatives. Agreed issues are generally not considered by the Committee of Permanent Representatives. Only issues that remain open in the Committee of Permanent Representatives are transferred from the Committee of Permanent Representatives to special consideration by the Council. From the Council's point of view, the main emphasis in the decision-making process is on the preparation of issues in working groups. In them, representatives of member states naturally act within the framework of the powers granted by their ministers. Commission The main working body of the European Union is the Commission. It consists of 20 commissioners, who are appointed by a single agreement of the governments of the member states for a five-year term. The Commission must have at least one representative from each member country. However, the members of the Commission in their work do not represent the member country, but exclusively the Union. In the development of Community legislation, the Commission has the exclusive right of initiative. All proposals must go through the Commission. During the discussion, the Commission may change its proposal or remove it from the agenda. The Commission is responsible for the implementation of Community decisions, monitors compliance with Union laws in member states and, if necessary, initiates proceedings in the courts of the European Communities against a member state for breach of membership obligations. The commission is divided according to the issues discussed into 23 main directorates. Commission proposals are usually based on legislative drafts, which are carefully weighed in the relevant Commission directorate and in its working groups. Representatives of the Commission have the right to participate in the discussion of the proposal in all authorized bodies of the Union. Other bodies The Court of Justice of the European Communities ensures the correct application and interpretation of Community law. The Court of Audit controls the expenditure of funds and the management of working bodies. Together with the central banks of the member states, the Central Bank of Europe constitutes the central banking system of Europe. It is expected that over time the Central Bank of Europe will have the exclusive right to issue treasury notes. In addition to the Parliament, the representative bodies are the Committee on Regions and the Committee on Economic and Social Issues, which give non-binding opinions to the Council and the Commission. They represent Member States' knowledge across different areas and regions.

The membership of the European Parliament of the 2014/2019 convocation includes 751 deputies (including the Chairman). The number of parliamentarians elected in each member state depends on the size of its population. Before the entry into force of the Lisbon Treaty, this number was determined by a quota system expressly stated in the Treaty establishing the European Community (the 2009/2014 European Parliament had 736 deputies). According to the Lisbon Treaty, quotas of member states are determined in accordance with a special decision issued by the European Council on the initiative of the European Parliament and with its consent (paragraph 2 of Article 14 of the EU Treaty).

The value of quotas is established according to the method of diminishing proportionality, based on the following principles:

  1. the quota of any EU member state should be set at a minimum of 6, but not more than 96 seats in the European Parliament;
  2. the larger the population of a member state, the more larger number it has the right to seats in the European Parliament;
  3. The larger the population of a member state, the greater the number of inhabitants represented by each of its members in the European Parliament.

Initially, the population of the Member States was determined on the basis of data from the Commission's statistical service (European Statistical Office - Eurostat), which took into account the persons actually living in each Member State. Since 2014, for the purposes of allocating quotas in the European Parliament, only EU citizens are taken into account when determining the population of member states (excluding resident third-country nationals and stateless persons).

Germany, with a population of 80.5 million people, has a quota of 96 seats in the European Parliament 2014/2019, i.e. 1 deputy represents the interests of 838 thousand people, while Malta, with a population of 0.4 million people, has 6 seats in the European Parliament, i.e. 1 seat per 70 thousand inhabitants.

The general principles of the electoral procedure to be applied to elections to the European Parliament, after the entry into force of the Lisbon Treaty, are determined by a special normative act - the “Act on the election of members of the European Parliament by universal direct suffrage”, adopted in 1976 and entered into force in 1979 (in 2003 edition). This document, in particular, establishes:

  • the type of electoral system by which deputies must be elected in all member states (proportional representation system);
  • the possibility of introducing a barrier limit, i.e., a minimum percentage of votes, if not reached, parties are not allowed to distribute mandates (no more than 5% of the votes cast);
  • rules on incompatibility of positions (prohibiting an MEP from being a member or employee of other EU institutions and bodies, governments or parliaments of member states);
  • time intervals for voting for elections of members of the European Parliament (from Thursday to Sunday of one week, in practice - the last week of June).

The details of these rules are made by member states in their national legislation. The founding documents of the EU as amended by the Lisbon Treaty do not exclude the introduction of a completely identical (unified) electoral procedure throughout the EU. However, the EU to establish such a procedure (i.e. to adopt a new European Elections Act or to revise the existing 1976 Act) still requires the approval of all Member States through their representatives in the Council of the EU, followed by ratification according to national rules (Article 223 of the Treaty on the Functioning of the EU).

According to Art. 232 of the Treaty on the Functioning of the EU, the regulation of internal procedures in the European Parliament is carried out in accordance with the regulations adopted by it. The Regulations define the principles of organization and work of the European Parliament.

The European Parliament exercises its powers within the framework of plenary sessions, in which members of the European Parliament, including the President of the European Parliament, take part. Members of the European Parliament can unite in political groups or exercise their powers as independent deputies. To form a political group, it must include at least 25 parliamentarians representing at least 1/4 of the EU member states. There are 7 represented in the 2014/2019 European Parliament political groups, as well as 52 independent deputies. In their home states, parliamentarians are members of various parties that have organized themselves into political groups in the pan-European political arena.

The position of President is established within the European Parliament. The President of the European Parliament is elected by parliamentarians for a term of 2.5 years and can be re-elected before the expiration of the term of office of the European Parliament. In the work of the plenary session of the European Parliament, its chairman takes part as a speaker, without the right to vote, that is, he conducts meetings and affixes his signature to legal acts adopted by the European Parliament. During the absence of the Chairman, the specified functions of conducting meetings are carried out by one of his 14 deputies. Along with these functions, the President of the European Parliament represents the European Parliament in relations with other EU institutions and in the international (foreign policy) arena. Each political group has a chairman (or two co-chairs), a bureau and a secretariat.

The President of the European Parliament, his deputies, as well as 6 quaestors form the Bureau of the European Parliament, which is responsible for organizing the work of parliamentarians and the European Parliament (makes relevant financial, organizational and administrative decisions and monitors their implementation).

The formation of the agenda of plenary sessions of the European Parliament is carried out by the Conference of the President and committees of the European Parliament.

The Conference of the President is formed from the President of the European Parliament and the chairmen of political groups. The Conference of the President determines the range of issues to be considered at meetings of the European Parliament, as well as the composition of the committees that prepare and submit for consideration conclusions on issues included in the agenda of the plenary sessions.

The 2014/2019 European Parliament has 20 standing committees and 2 subcommittees. Committees are established on various issues considered by the European Parliament (budgetary control; economic and monetary issues; employment, social relations, environment, health, food security; industry, research and energy, etc.). Each committee consists of from 28 to 86 parliamentarians, the composition of the committee takes into account the political balance of power in the European Parliament. Each committee has its head, bureau and secretariat. The committees prepare and present proposals for changes to EU legislation, positions (conclusions, reports) on issues on the agenda of plenary sessions, consider proposals from the Commission and the Council of the EU and prepare their conclusions on them for presentation to the European Parliament at plenary sessions. Committees may establish subcommittees and temporary committees on specific issues. The heads of the committees coordinate their work in order to develop an agreed position within the framework of the Conference of the Heads of Committees.

European Parliament delegations are formed from 12 to 70 parliamentarians to maintain relations and exchange information with the parliaments of non-EU countries.

Functions

In accordance with the founding documents of the EU as amended by the Lisbon Treaty, in the EU governance mechanism the European Parliament is called upon to perform four functions (paragraph 1 of Article 14 of the EU Treaty):

  • jointly with the Council of the EU - legislative and budgetary functions;
  • independently - the functions of political control and advisory.

a) The legislative function consists of the participation of the European Parliament in the publication of EU legislative acts in the form of regulations, directives, and decisions. The forms of such participation vary depending on the legislative procedure within which the decision is made.

As part of the normal legislative procedure (Article 289(1) of the Treaty on the Functioning of the EU), the European Parliament makes decisions jointly with the Council of the EU on a proposal from the Commission. This procedure is analogous to the joint decision-making procedure used before the entry into force of the Lisbon Treaty (former Article 251 of the Treaty establishing the European Community).

As part of the special legislative procedure (paragraph 2 of Article 289 of the Treaty on the Functioning of the EU), the European Parliament participates in the adoption of regulations as follows:

  • by holding parliamentary readings when legislative acts are adopted individually by the Council of the EU after consultations with the European Parliament (the opinion of the European Parliament is only advisory in nature, and amendments and objections of the European Parliament can play the role of a suspensive veto, i.e., serve as a reason for postponing the adoption of an advisory opinion, which the European Parliament, according to case law Courts of the European Communities must render the decision within a “reasonable time”, reaching in practice several months);
  • by adopting regulations individually after their approval by the Council of the EU;
  • through the approval of regulations adopted solely by the Council of the EU, after approval by the European Parliament.

Unlike national parliaments, the function of legislative initiative of the European Parliament is limited. The European Parliament cannot directly introduce its own bills for discussion and decision-making. In accordance with Art. 225 of the Treaty on the Functioning of the EU, the European Parliament can only request proposals from the Commission on issues that, in the opinion of the European Parliament, require the preparation of an EU act. If the Commission does not submit proposals, then it is obliged to inform the European Parliament about the reasons for such a step. In other words, the European Parliament can “request the Commission to take legislative initiative.” The right of legislative initiative is granted to the European Parliament only if a bill on general direct elections to the European Parliament is developed in accordance with Art. 223 of the Treaty on the Functioning of the EU.

b) Budgetary function - adoption of the EU budget and control over its implementation.

In the context of the relationship between the European Parliament and the Commission, a very serious lever of influence in the hands of European deputies is the right to elect the Chairman of the Commission. This right, due to its special political importance, is included in a number of the main functions of the European Parliament (paragraph 1 of Article 14 of the EU Treaty). A separate vote of confidence from the European Parliament also requires approval of the composition of the Commission as a whole.

d) Advisory function - the oldest of the functions of the European Parliament, through which it participates in discussions and decision-making at the EU level, but with the right of an advisory vote (in the form of advisory opinions and/or legally non-binding resolutions).

Since the early 50s. and until the beginning of the 70s. XX century the advisory function and procedure of the same name were the only form participation of the European Parliament in the legislative process of the European Communities, as well as in other decisions at the European level.

The Lisbon Treaty retains advisory powers to the European Parliament in relation to the following matters:

  • adoption of EU legislation through the consultative procedure (see above);
  • adoption of other EU legal acts in cases where constituent documents require prior consultation with the European Parliament, which is of an advisory nature (for example, Council regulations on the application of rules concerning State aid to enterprises or Council decisions on the establishment of joint ventures (Articles 109 and 188 of the Treaty on the Functioning of the EU));
  • the formation of certain bodies, the members of which are jointly appointed by the Member States or other EU institutions after consultation with the European Parliament (for example, when appointing the Directorate, including the President of the European Central Bank, members of the Court of Auditors);
  • most activities in the field of EU foreign policy, including the conclusion of agreements with third countries and international organizations (except for the most important international agreements of the EU, which require the prior approval of the European Parliament).

Making decisions

As a general rule, the European Parliament makes decisions in plenary sessions by a majority of votes cast. Certain issues may require a different ratio of votes for decision-making (for example, an absolute majority of members of the European Parliament is required in the cases specified in clauses b-c clause 7 of Article 294 of the Treaty on the Functioning of the EU). A meeting of the European Parliament is considered valid if at least 1/3 of the elected members of the European Parliament are present.

The European Council is the highest political body of the EU, which, in accordance with Art. 15 of the EU Treaty is charged with defining the general political guidelines and priorities of the EU.

The creation of the European Council was due to the need to resolve some particularly important issues at the highest level state level. The creation of the European Council was based on the idea of ​​French President Charles de Gaulle to hold informal summits of leaders of EU states aimed at reducing the role of states within the framework of integration education. Informal summits have been held since 1961; in 1974, at the summit in Paris, this practice of regular summit meetings of the leaders of all member states (heads of state or government) was documented at the proposal of V. Giscard d'Estaing, who held the post at that time President of France. With the adoption of the Single European Act of 1986, the European Council becomes an organ of the EU. The European Council should be distinguished from the Council of the EU and the Council of Europe. The European Council and the Council of the EU are EU institutions, the Council of Europe is an independent international political organization whose goal is to build a united Europe based on the principles of freedom, democracy, protection of human rights and the rule of law. The European Council emerged in the mid-1970s as a regular summit meeting of the leaders of all member states; the Council of the EU has functioned since the founding of the European Communities in the 1950s .and brings together representatives of national governments at ministerial level.The European Council consists of the heads of state or heads of government of the EU member states, the President of the European Council and the President of the Commission. The method of representation of member states in the European Council depends on their form of government and is determined independently by EU countries. The vast majority of EU member states today are parliamentary republics or monarchies. As a result, they are represented in the European Council by their heads of government (prime ministers, etc.). The EU High Representative for foreign affairs and security policy. In cases where this is required by the agenda of a meeting of the European Council, each member of the European Council may be accompanied by a minister, and the President of the Commission by one of the members of the Commission.

After the entry into force of the Lisbon Treaty, the European Council became part of the EU institutions. As researchers note, the evolution of the status of the European Council is due to the need to focus power at the highest level to plan the overall development strategy of the EU and carry out the EU's response to global threats.

The full-time President of the European Council is a new position introduced by the Lisbon Treaty.

The President is elected by this institution by a qualified majority for a term of 2.5 years and is an independent member of the European Council along with the heads of state or government of the EU countries and the President of the Commission. Unlike most others leadership positions(in particular the President of the Commission) The President of the European Council can hold office for no more than two consecutive terms, i.e. a maximum of five years. According to Art. 15 of the Treaty on the EU The President of the European Council cannot exercise a national mandate, that is, he cannot hold positions in the administrative apparatus of individual states.

The founding documents of the EU vest the President of the European Council with a very limited set of powers, which boil down mainly to the general management of the work of the institution he heads (clause 6 of Article 15 of the EU Treaty). In this regard, even during the drafting of the European Constitution of 2004, the Chairman of the Convention for its preparation, V. Giscard d'Estaing, widely used the English term “chairman”, which has no analogues in other languages ​​and denotes a person occupying the chair of the presiding officer, but not the chairman -chief, chairman-president (“president”). In the final version of the draft European Constitution of 2004 and following it the Lisbon Treaty of 2007 in all languages, including English, the term “president” is still used. The exception is Bulgarian edition, where the term “chairman” is equivalent to the term “president”.

In means mass media and sometimes in scientific literature the post of President of the European Council is compared to the President of the EU, and the President of the Commission is identified with the Prime Minister of the EU. It should be borne in mind that we are talking about nothing more than analogies. The positions of “president” or “prime minister” of the EU do not exist and there are no plans to introduce them.

Although the European Council, by virtue of the provisions of the Lisbon Treaty, is a separate institution of the EU, it does not have its own administration. Administrative support for the European Council and its President is provided by the EU Council Secretariat. At the same time, under the Chairmanship there is a cabinet of advisers, which is formed for the most part from former diplomats and experienced politicians and helps the EU President in preparing and convening meetings of the European Council (forming the agenda).

Functions

The tasks of the European Council are defined as follows: to give the EU the necessary “impulses” for the development of the EU and to determine for it “common political guidelines and priorities” (paragraph 1 of Article 15 of the EU Treaty). The European Council carries out its tasks in various ways.

The recognition of the European Council as an EU institution served as a precondition for giving it the power to issue EU legal acts in the form of decisions. The latter are legally binding, but should not be aimed at unifying or harmonizing the national law of the Member States (unlike EU regulations and directives).

As already noted, the constituent documents expressly prohibit the European Council from exercising a legislative function, which is the exclusive prerogative of the European Parliament and the Council of the EU (Article 15(1) of the EU Treaty). Decisions of the European Council, in particular, determine the strategic interests and goals of the EU in the international arena ( foreign policy activities EU), as well as special principles and guidelines for the common foreign and security policy of the EU (Articles 22 and 26 of the EU Treaty).

It is left to the discretion of the European Council, as an institution that includes senior officials of all member states, to issue some decisions of an organizational nature, which are aimed at clarifying and supplementing the rules of the founding documents of the EU and are actually of a “constitutional and legal” nature for the EU (for example, determining state quotas -members in the elections of the European Parliament (see above), a system of rotation of Member States after the Commission does not include citizens of all EU countries (see below) or the extension of the powers of the European Public Prosecutor's Office to crimes other than those that directly impinge on financial interests of the EU (paragraph 4 of Article 86 of the Treaty on the Functioning of the EU)).

b) Revision of the EU's founding documents.

The European Council also has a key role in the review process of the EU's founding documents. It is on the basis of his decision that a special “convention” will be convened, designed to develop draft documents on reforming the EU Treaty and/or the Treaty on the Functioning of the EU.

As part of the simplified revision procedures (Article 48 of the EU Treaty), the European Council is given the right to independently, without convening a convention or an intergovernmental conference, make decisions on the revision of certain provisions of the constituent documents of the EU (subsequent changes must be confirmed by the member states). In particular, the following may be revised:

  • rules relating to the internal political competence of the EU (part three “Internal policy and activities of the EU” of the Treaty on the Functioning of the EU) - subsequent ratification by all EU member states is required;
  • procedural rules, by changing which the European Council can expand the legislative powers of the European Parliament and reduce the range of issues on which member states still retain the right of veto - tacit approval from EU member states is required (the decision is made if there are no objections to its draft from at least one national parliament within six months of notification of the project).

New important prerogatives of the European Council after the entry into force of the Lisbon Treaty were the right to nominate a candidate for the post of President of the Commission and the right to appoint the EU High Representative for Foreign Affairs and Security Policy.

In accordance with Art. 7 of the Treaty on the EU, the European Council, by unanimous decision on a proposal from 1/3 of the European Member States or the Commission and after the approval of the European Parliament, may determine the existence of a serious violation of EU values ​​on the part of a Member State, having first invited that State to submit comments on the matter . If the European Council finds a violation, it can, by a qualified majority, decide to suspend certain rights arising from the founding treaties in relation to the violating state.

The Lisbon Treaty also expanded the ability of the European Council to act as an arbiter in resolving disagreements between member states, including disagreements when discussing draft new EU legislation (despite the fact that the European Council itself, as already noted, does not carry out a legislative function ).

In relation to bills on certain issues (for example, the coordination of social security regimes or the harmonization of criminal and criminal procedural law), representatives of Member States have the right to request their submission to the European Council. In this case, a normative act can only be adopted if the European Council supports it by consensus (i.e. with the approval of the leaders of all EU countries). If there is no consensus, a bill can be adopted and become binding only on the member states interested in it (under the “advanced cooperation” mechanism).

Making decisions

The European Council makes decisions at regular (twice every six months) and extraordinary meetings convened by the President of the European Council. In accordance with Art. 15 of the EU Treaty, the European Council takes decisions by consensus. At the same time, the text of the EU's constituent documents often mentions the adoption of decisions unanimously by the European Council (for example, Part 5 of Article 15, Part 7 of Article 17 of the EU Treaty). In some cases, decisions are allowed to be made by the European Council by qualified (for example, Part 5 of Article 15 of the EU Treaty) or by a simple majority (for example, Part 3 of Article 48 of the EU Treaty). In cases of majority voting in the European Council (by simple or qualified majority), as well as in cases of unanimous decision-making, only the leaders of the member states have the right to vote.

The President of the European Council and the President of the Commission do not have the right to vote at meetings of the European Council in cases where this institution must take decisions by vote, i.e. by a simple qualified majority or unanimously.

Making decisions

The general rule for decision-making in the Council of the EU is a qualified majority. The Lisbon Treaty of 2007 took a new step towards reducing the number of issues on which the EU Council is obliged to decide unanimously. Such a reform was necessary for a more effective functioning of the EU, since granting each of the EU member states the right of veto (in the person of a national minister, prime minister or head of state) seriously hampered decision-making at the European level and could actually paralyze it. On issues of its internal procedure, as well as on some other issues of an organizational and procedural nature (for example, the establishment of EU advisory committees on employment and social protection) The Council of the EU makes decisions by a simple majority (15 out of 28 ministers).

European Union Commission

Meaning, composition and order of formation

a) Promoting the common interests of the EU and developing initiatives for its further development.

In the institutional mechanism of the EU, as it began to take shape in the 1950s. within the European Communities, the Commission initially acts as a truly supranational body consisting of independent European commissioner officials. For this reason, it is the Commission that has traditionally been entrusted with the function of identifying the “common interests” of the EU and promoting them, in particular by putting forward new initiatives that it submits to the European Parliament, the Council of the EU and, in critical cases, the European Council.

Hence the main traditional prerogative of the Commission, enshrined in the constituent documents of the EU, is practically a “monopoly” on law-making initiatives (paragraph 2 of Article 17 of the EU Treaty), allowing the Commission to act as a real engine (“engine”) integration processes weight.

As a general rule, legislative acts can only be adopted on the proposal of the Commission. In many cases, the constituent documents also secure the exclusive right of the Commission to introduce drafts of other legal acts that are not classified as legislative (for example, draft acts on the coordination of economic policy and the implementation of EU monetary policy within the framework of an economic and monetary union).

The Commission carries out a kind of “general supervision” over the application of EU legal norms in the territory of all member states by these states themselves.

If illegal (from the point of view of EU law) actions and facts of inaction of states are detected, the Commission is authorized to initiate an investigation against them and, in case of proven violations, bring states to justice before the EU Court of Justice (the Commission does not have the right to punish states on its own).

Supervision is one of the key prerogatives of this institution, which provides the Commission with the role of “guardian” of the achievements of European integration. Previously, the Commission could only exercise its supervisory powers in full within the EU's first pillar. With the entry into force of the Lisbon Treaty, the control of the European Commission and the Court of Justice over the member states expanded (Articles 258 and 260 of the Treaty on the Functioning of the EU). In particular, the Commission has the power to hold Member States accountable for violations of EU criminal law and other EU instruments. However, the sphere of common foreign and security policy will largely remain outside the control of the Commission and the EU Court of Justice.

As part of its executive powers, the Commission may, on the basis of legal acts of the European Parliament and the Council, be empowered to impose sanctions in the form of fines on undertakings for violating certain provisions of EU law. The Commission often exercises such powers in the area of ​​EU competition law (antitrust law), and the fines it imposes reach hundreds of millions of euros. If the Commission imposes penalties, control over their implementation is exercised by the EU Court of Justice, which can cancel the relevant decision or reduce the amount of penalties (Article 261 of the Treaty on the Functioning of the EU).

According to Art. 262 of the Treaty on the Functioning of the EU, the Council of the EU, by unanimous decision, on a proposal from the Commission after consultation with the European Parliament, may decide to extend the jurisdiction of the Court of Justice of the EU to disputes concerning the application of legal acts issued on the basis of the constituent instruments of the EU, which establish European documents of title to intellectual property of the EU.

In accordance with Part 11 of Art. 218 of the Treaty on the Functioning of the EU, a member state of the EU, the European Parliament, the Council of the EU or the Commission may request an opinion from the Court of Justice of the EU on the compliance of a planned EU international treaty with the provisions of the constituent documents of the EU.

In accordance with Art. Art. 258-277 of the Treaty on the Functioning of the EU, the following categories of disputes considered by the EU Court can be distinguished.

Proceedings in cases of violation of contracts in accordance with Art. 258 of the Treaty on the Functioning of the EU allows the Commission to appeal violations of primary or secondary EU law by public authorities of member states. This proceeding is aimed at protecting the violated objective right, but not the subjective right of citizens. IN in rare cases on the basis of Art. 259 of the Treaty on the Functioning of the EU, it is possible to appeal against a violation of the treaty by another member state. The State Party is always on the side of the defendant. Somewhat atypical proceedings for breach of treaties can be initiated by the European Central Bank against the national central banks of the member states (Article 271 of the Treaty on the Functioning of the EU). The purpose of this proceeding is to oblige Member States to comply with EU law, and it is primarily used to implement directives. Before a claim is filed, the State Party must be heard and, if the claimant is another State Party, an out-of-court preliminary proceeding must be held with the participation of the Commission. In this case, the state is given a period to eliminate the shortcomings. If the pre-trial procedure is unsuccessful, a lawsuit may be filed.

A claim for breach of treaties is considered justified if the facts stated by the Commission or the Member State are confirmed, the act complained of is legally imputed to the defendant and a violation of the provisions of EU law follows from it. Once the decision of the Court of Justice of the European Union establishes the validity of the claim, the defendant is obliged to immediately replace the illegal provision national law norms corresponding to EU law (Article 260 of the Treaty on the Functioning of the EU). If the decision is not implemented, a fine may be imposed on the state.

A nullity claim allows the plaintiff to conduct a judicial review of the legality of legal acts of EU bodies. Legal acts of a recommendatory nature cannot be the subject of this claim. The EU Council, the European Parliament, the Commission and member states, the ECB and the Court of Auditors (with regard to their competence), individuals and legal entities (if legal acts directly affect their rights) can file a claim for nullity (Article 263 of the Treaty on the Functioning of the EU). Claims can be brought against acts of the Council of the EU, the Commission, the European Parliament and the ECB. A legal act can be declared void only on the grounds specified in Art. 263 of the Treaty on the Functioning of the EU: lack of authority to adopt it, violation of essential procedural rules, violation of the Community Treaty or the rules adopted for its implementation, or abuse of authority. The deadline for filing a claim is two months from the moment the plaintiff became aware of the relevant action. A claim for nullity is considered justified if the contested legal act of an EU body falls under one of those mentioned in Art. 263 of the Treaty on the Functioning of the EU grounds for nullity. At the same time, a violation of EU law was declared by a person who has the right to file a corresponding claim with the EU Court of Justice. If the claim is satisfied, the legal act of the EU body is declared void by the court (Article 264 of the Treaty on the Functioning of the EU). The court decision is valid from the moment it is made in relation to all persons. The legal and factual consequences of a legal act declared void must be eliminated. Art. 263 of the Treaty on the Functioning of the EU allows the Committee of the Regions to bring claims for nullity on a par with the ECB and the Court of Auditors, and also expands the possibilities for filing claims for nullity by individuals and legal entities, including in relation to regulations that directly affect their rights, but do not establish measures for their execution.

The purpose of filing a claim for omission is to remedy the omission of EU bodies such as the European Parliament, the Council or the Commission, as well as the ECB, that is contrary to the founding treaties. Such a claim may be brought by a Member State or an EU body, as well as by natural or legal persons. The latter's right to sue is limited to the fact that they can only demand the adoption of a binding legal act (and not an opinion or recommendation), and such an act must directly affect their rights and obligations. The basis for filing this claim is evasion of making a decision, despite the direct prescription of primary law. To file a claim for inaction, it is necessary to comply with the pre-trial procedure: an appeal to the EU body with a requirement to make an appropriate decision (paragraph 2 of Article 265 of the Treaty on the Functioning of the EU). The EU body has two months to make a decision. If he accepts necessary measures, then the claim cannot be filed; if not, then after this period the pre-trial period of two months begins to run for filing a claim with the EU Court of Justice. The subject of the claim must comply with the requirement to the EU body within the framework of the pre-trial procedure. A claim for inaction is considered justified if the EU body - the defendant, without complying with the duty to act provided for by primary or secondary law, refrains from taking action to make a decision or does not address an individual legal act in relation to an individual or legal entity (Article 265 of the Treaty on the Functioning of the EU). If the claim is satisfied, the EU body is obliged to take the necessary actions (Article 266 of the Treaty on the Functioning of the EU). If he does not do this, then a new claim for inaction may be filed.

A claim for compensation for harm can be filed by an individual or legal entity, as well as an association that is not a legal entity (for example, a trade union), on the basis of Art. 268 and art. 340 of the Treaty on the Functioning of the EU. Compensation for damage may also be demanded by persons located outside the territory of the Community Treaty. The possibility of this claim being brought by the participating states is controversial, but there are researchers who support this point of view. Only the Community can be a defendant in claims of this category. These proceedings allow individual claimants to challenge the legality of EU regulations. In this case, a decision may be made that does not concern the validity of such an act, but only awards certain compensation for the harm caused. The Community Treaty does not establish a time limit for bringing a claim for damages. At the same time Art. 46 of the Statute of the Court of Justice of the European Union provides for a limitation period for cases of damage: 5 years from the occurrence of the event that creates the basis for the right of claim. A claim for damages is considered justified if an EU body (including the ECB) or a Community employee in the performance of official duties has violated a legal norm serving the protection of the victim (administrative violation), or legal norm higher force that serves to protect an individual (regulatory violation), and thereby directly caused harm to the plaintiff. If the claim is recognized by the court as justified, then a decision is made to compensate for the damage caused.

The initial purpose of the proceedings to make a preliminary decision (prejudicial proceedings) provided for in Art. 267 of the Treaty on the Functioning of the EU, - ensuring a uniform interpretation of the application of Community law. This procedure can also help individuals and legal entities to invalidate a Community legal act that is essential to their proceedings through a national court. This should prevent different interpretations of primary and secondary EU law by national courts. Based on the name of this procedure, one might think that when it is used, the EU Court of Justice makes a decision first, and then the national court. But it is not so. This is an interlocutory procedure which forms part of the proceedings before the national court. Any court of a member state can submit a request to the EU Court of Justice. EU authorities, courts of third states, and international courts do not have the right to initiate prejudicial proceedings. In the proceedings under review, questions may be raised regarding the interpretation of primary law, as well as questions of the validity of secondary Community law and its interpretation. Questions about the existence and content of general principles of EU law may also be raised. But the interpretation of national law and the compliance of domestic measures with EU law cannot be the subject of consideration. At the same time, a national judge can raise an abstract question for consideration by the EU Court of Justice: whether a measure corresponding to a particular national law is prohibited by EU law. It is inadmissible to raise a question regarding a legal act whose validity could be the subject of consideration in void proceedings (Article 263 of the Treaty on the Functioning of the EU).

Case review procedure

The European Central Bank is the “successor” of the European Monetary Institute (EMI), which played a leading role in the preparation for the introduction of the euro in 1999. All key issues relating to the activities of the European Central Bank, such as the discount rate, bill discounting and others, are resolved management and board of governors of the Bank.

Subsidiary and advisory bodies and institutions of the European Union

As noted earlier, EU authorities that have not received the status of an EU institution are called its bodies. Unlike institutions, the number of bodies is not fixed: the latter can be created both in accordance with the constituent documents of the EU and the legal acts of the EU institutions.

The EU's constituent documents, as amended by the Lisbon Treaty, are called the European Economic and Social Committee and the Committee of the Regions as advisory bodies. In accordance with Art. 300 of the Treaty on the Functioning of the EU, these bodies provide assistance to the European Parliament, the Council of the EU and the Commission, performing advisory functions.

The European Economic and Social Committee (EESC) is an advisory body of the EU. The Social and Economic Committee was created in 1958 by the Treaty establishing the EEC to ensure representation of the interests of different economic and social groups.

The committee consists of 350 members; they are appointed by the Council of the EU for four years on the recommendation of national governments. Members of the EESC must be completely independent in their actions and guided by the interests of the EU. They belong to such categories of so-called organized civil society as employers, trade unionists and representatives of various interest groups (professional associations, farmers, environmentalists, consumers, etc.). Thus, the EESC is formed on the basis of a corporate principle: it must include various groups the economically active population of the country, divided mainly on professional grounds.

The number of representatives from each EU member state roughly reflects the size of its country's population. Most meetings and plenary sessions take place in Brussels, where the EESC headquarters are located. The work of the Committee is determined by the Plenary Assembly, the Bureau or "three groups", six sections and the General Secretariat.

Consultative processes with the Commission and committees of the European Parliament provide an opportunity for other bodies to “hear” the views of union representatives in a timely manner. Thus, the positions of an employer group are usually determined by the European industrial unions that form the core of this group. The European Trade Union Confederation uses this opportunity for a group of employees, and the group of different interests in this regard is significantly different, but still there are European unions of roofers, craftsmen, farmers. For example, the first group is “employers”, which includes representatives of the private and public sectors of industry, small and medium-sized commercial enterprises, wholesale and various trade firms, transport and agriculture, banking and insurance. The second group includes “employed workers”: representatives of trade union organizations that are members of the European Trade Union Confederation; representatives of the European Confederation of Executives and Managerial Staff. And finally, the third group - various interests - is represented by a wide range of categories of the population and organizations. First of all, these are farmer associations; small and medium enterprises; craft sectors; cooperatives; non-profit associations representing the interests of families, women, people with mental or physical disabilities, etc.

These various representations are bound together by a sense of duty towards the large part of the EU population whose interests they represent. The creation of this group was intended to involve all these organizations in the process of shaping EU decisions and to influence the positions of their national governments.

In turn, the division into the following six main sections involves a detailed and in-depth study of the most important EU issues, including through the assistance of experts and research groups:

  1. agriculture and environment;
  2. common economic and social space;
  3. employment, social security and citizenship;
  4. external relations;
  5. common market, production and consumption;
  6. transport, energy, infrastructure and computer science.

It is impossible not to note the existing problem that is associated with the formation and activities of the EESC, caused by the fact that often in member states there are competing public and professional organizations that claim to represent the interests of certain categories of the population. In practice, in the absence of clear criteria when deciding which candidates should be recommended to the EESC, as a rule, those candidates who are supported by the government are selected.

The Committee of the Regions is an EU advisory body created in 1994 and serves as a guarantee that local and regional authorities are directly involved in the activities of the organization's institutions.

The Committee of the Regions was created with the aim of bringing Europe closer to its citizens, as well as to give representatives of local and regional associations the opportunity to express their opinions at the European level, since they are the ones who are called upon to implement most of the European legislation.

The Committee of the Regions consists of representatives of territorial and local collectives, i.e. administrative-territorial entities within the Member States at different levels (regions, provinces, communes, etc.), who become members of the Committee for four years with the right to re-election for a second term.

The number of representatives correlates with the size of the state and its administrative-territorial division. The numerical composition, which has increased significantly since 2004 from 222 to 350 representatives, the procedure for formation and legal status of members of the Committee of Regions are similar to the EESC. The organization of work is also similar (session), internal structure(chairman; vice-chairman, who represents each EU state), special commissions and Bureau. Taking into account the peculiarities of the composition of the Committee of the Regions, its members are united into political faction groups (in this it is similar to the European Parliament), as well as into national delegations (they unite members of the Committee who come from the same state).

Thus, the activities of the Committee of the Regions allow representatives of local and regional authorities to influence the general policy of the EU both through a set of issues within the classified areas of authority of the Committee, and through organizational structure formation of its activities. As an advisory body, the Committee of the Regions is tasked with bringing together regional and local interests and representing them in the EU legislative process. At the same time, on the one hand, the consequences of planned legal acts on citizens, authorities, districts, regions, etc. can be discussed in advance. On the other hand, the process of European integration is promoted among the masses to increase the decisions made.

The task of the Committee of the Regions is also to advise the Commission and the Council of the EU in the development of legislation. This is especially important when decisions are made, the implementation of which is the responsibility of the local authorities. The Council of the EU and the Commission discuss, together with the Committee of the Regions, topics related to the wide range issues ranging from regional or competition policy to cultural issues, environmental issues and social issues, including employment issues, national education and vocational training, as well as the future of the EU's peripheral regions and the challenges of local and regional democracy.

The Committee of Regions can express its opinion on its own initiative, putting forward proposals regarding the scope of activity of the Committee of Regions. These include:

On some issues, the Committee of the Regions takes proactive opinions and also monitors compliance with the principle of subsidiarity when adopting EU legislative acts.

The work of the Committee of Regions takes place in the main six commissions (areas):

  • Commission on a Common Transport Policy (COTER);
  • commission on economic and social policy(ECOS);
  • Commission for Sustainable Development (DEVE);
  • Culture and Education Commission (EDUC);
  • Commission for the Constitution and European Governance (CONCT);
  • Commission on External Relations (REFLEX).

Among other EU bodies, special mention should be made of the European Ombudsman, Europol and Eurojust.

European Ombudsman. The establishment of the post of European Ombudsman was prescribed by the provisions of the Maastricht Treaty. The ability to contact the Ombudsman is now one of the rights of an EU citizen guaranteed by EU law.

The European Ombudsman is a body of parliamentary control and is elected to office by the European Parliament (Article 228 of the Treaty on the Functioning of the EU) for the term of the latter's legislature.

In accordance with Art. 228 of the Treaty on the Functioning of the EU The European Ombudsman is authorized to receive complaints from any EU citizen or from any individual resident in an EU member state, as well as from legal entities registered in any EU member state, regarding cases of violation of the rules of governance in the activities of various bodies and EU institutions, with the exception of the Court of Justice of the EU in the administration of justice. The European Ombudsman carries out its activities on the basis of complete independence. He must not follow any instructions from other authorities or officials.

A complaint to the European Ombudsman can be sent directly by the person entitled to it or through a Member of the European Parliament. Unless the person making the complaint requests confidentiality, the Ombudsman will investigate the complaint in a public, open manner. The important thing to understand here is that the ombudsman must act in as open a manner as possible, both so that citizens can understand his work and to set a good example for others.

A complaint cannot be examined by the European Ombudsman if:

  • the person who filed the complaint is not authorized to send it;
  • the complaint is not directed against a Community body;
  • the complaint is directed against the European Court or the General Court acting as a judicial authority;
  • the subject of the complaint is not related to the management of EU bodies and institutions.

A complaint that falls within the scope of the Ombudsman must also meet five criteria, which must be verified before an investigation can begin. The author and subject of the complaint must be identified (Part 3 of Article 2 of the Statute of the European Ombudsman). The European Ombudsman carries out investigations that it considers justified, unless the facts alleged are or have not been the subject of judicial proceedings (Article 228 of the Treaty on the Functioning of the EU). The complaint must be based on a fact no more than two years old (Part 4 of Article 2 of the Statute of the European Ombudsman). The prescribed administrative procedure must first be completed. If the complaint concerns the labor relations between a Community body and an employee or an individual, then all existing internal ways of resolving contradictions must be exhausted.

If a complaint cannot be resolved by the European Ombudsman, the European Ombudsman will usually try to advise the complainant on where to go to resolve the complaint. Where possible, the European Ombudsman will refer the complaint directly to the competent authority with the consent of the person making the complaint.

In accordance with Art. 228 of the Treaty on the Functioning of the EU, on the basis of complaints received or on its own initiative, the European Ombudsman conducts investigations. When the European Ombudsman decides to launch an investigation, he first makes a request to the EU institutions, bodies and agencies, which have a three-month period for providing clarifications (Article 228 of the Treaty on the Functioning of the EU). The report is then sent to the European Parliament, an EU institution, body or agency. The person who filed the complaint is informed of the results of the investigation.

In some cases, the institution, body, or institution of the EU that committed the violation themselves takes steps to resolve the complaint. Then, with the consent of the person who filed the complaint, the case is closed as “resolved by the body itself.” Sometimes individuals drop the complaint, and then the case is closed. Otherwise, the European Ombudsman will continue to proceed with the complaint. If it subsequently turns out that there was no “bad management”, then the case is also closed.

When "mismanagement" is detected, the European Ombudsman seeks an amicable solution to the problem to the satisfaction of the complainant. If an amicable resolution is not possible or the attempt to establish one fails, the European Ombudsman either closes the case with its observations against the authority concerned, or makes its recommendations to correct the identified “maladministration”. It is believed that a critical mark is appropriate for cases where the example of “poor management” is of a distinctly individual nature. Otherwise, the European Ombudsman makes decisions with recommendations. In accordance with Part 6 of Art. 3 of the Statute of the European Ombudsman, the EU institution (body, institution) must send a response describing the measures taken within three months from the date of receipt of the decision. If this does not happen, the European Ombudsman sends a report on this to the European Parliament.

Europol (Europol, whose full official name is the European Police Society) is the EU law enforcement organization, which has limited legal, financial and institutional autonomy in relation to other EU bodies.

Europol is a unit of the organizational mechanism operating within the framework of police-judicial cooperation in the criminal legal field. The main source regulating its status, in addition to the constituent documents, is the Europol Convention (1995).

The European Police Agency became fully operational on July 1, 1999. It should be noted that back in 1994 there was an institution called the Europol Drugs Department, which later transformed into the modern police agency.

Europol's goal is to increase efficiency and strengthen cooperation between the competent authorities of EU Member States in preventing crime and combating international organized crime and terrorism.

Eurojust is the newest unit created within the structure of the European Union bodies, the legal status of which was enshrined in the EU Council Decision in 2002 “On the creation of Eurojust in order to strengthen the fight against serious crime.”

The purpose of its creation is to increase the efficiency of law enforcement agencies of EU member states in the field of investigation and trial of particularly dangerous international crimes, and primarily in relation to organized crime.

Eurojust is composed of one national representative from each member state (at the rank of prosecutor, judge or police officer with similar prerogatives), who ensure constant interaction between the criminal prosecution authorities of different EU member states.

For the day-to-day management of Eurojust, a panel of all national representatives appoints an administrative director.

Thus, Europol and Eurojust represent the cooperation of police, immigration, customs and legal structures of EU countries in the fight against criminal offenses and organized international crime.

Finally, the constituent documents of the EU, as amended by the Lisbon Treaty, are for the first time allocated to a separate category of EU institutions (before the entry into force of the Lisbon Treaty, they were considered a type of body). The term “institutions” is used to designate those EU departments that are created to perform specific functions and have the independent legal personality of a legal entity. Other elements of the EU governance mechanism (institutions and bodies) do not have the status of a legal entity, with the exception of the European Central Bank. Each of these institutions is created to carry out specific technical, scientific or managerial tasks within the first "pillar" of the EU. The European Investment Bank occupies a special place among EU institutions.

The European Investment Bank (EIB) is the EU's public financial institution for financing the development of underdeveloped European regions in the form of long-term loans. Created in 1958 with the aim of providing loans for the construction and reconstruction of facilities that are of interest to EU countries.

The EIB is a legal entity. The authorized capital is formed from contributions from participating countries and amounts to 163.7 billion euros. Its members are the member states of the Community. Governing bodies European Investment Bank - Board of Governors, Directorate and Management Board. The Governing Council includes the finance ministers of EU countries. It determines the general credit policy, reviews and approves annual balance sheets, makes changes to authorized capital. The Directorate makes decisions on providing loans and guarantees when raising funds and setting interest rates. Operational management is carried out by the president and his five deputies. The seat of the European Investment Bank is the European Quarter of Luxembourg.

The EIB's mission is to promote “the constant and balanced development of the common market in the interests of the Community.” To achieve this goal, it uses both the capital market resources to which it has access and its own resources. The Bank provides loans and guarantees for the implementation of such projects:

  • on the development of underdeveloped regions;
  • aimed at modernizing or transforming enterprises or developing new activities that contribute to progress in creating a common market;
  • of common interest to several Member States, which, due to their importance and cost, cannot be fully financed by individual Member States.

In accordance with its statute, the European Investment Bank enjoys complete autonomy in decision-making within the system of Community institutions. Its management and control structures allow the bank to decide for itself where and on what terms to take loans, to whom and on what terms to give them, based solely on its own assessment of the merits of each project and the opportunities offered by financial markets.

The European Investment Bank is a non-profit bank and does not attract EU budgetary funds. Its mission is to finance public and private investments in projects that contribute to deepening European integration. A significant amount of funds earned by the European Investment Bank in the financial markets are invested in carefully selected projects. The European Investment Bank's cooperation with other EU institutions and the international banking community helps it ensure that its lending is consistent with EU budgetary instruments and allows it to attract investment in projects that it supports in order to achieve the Union's economic objectives.

The bank itself deals directly only with the founders of large-scale projects (at least 25 million euros), and finances small projects (investors are small and medium-sized enterprises or local governments) with the help of approximately 180 banks and European financial intermediaries, which, in accordance with its criteria are used by European Investment Bank funds.

Through the issuance of bond loans on the international foreign exchange market and on national foreign exchange markets countries of the European Investment Bank, the bank's attracted funds are formed. Regular loans are provided for profitable projects, and preferential loans for low-profit ones. Up to 70% comes from loans for regional development of less developed areas. The total amount of loans provided is over 47 billion euros. Bank loans cover part of the project cost, supplementing the borrower's own capital (usually less than 50%).

The areas where loans are used are primarily energy, transport and telecommunications. The European Investment Bank also provides concessional loans using EU funds as a technical manager. Bank loans are provided in several currencies. The interest rate on “mixed” loans is determined on the basis of the weighted average cost of funds raised in these currencies on international or national capital markets.