Federal Agency for Education
State educational institution
Ulyanovsk State University
Faculty of Law
Department of Civil Service
Coursework on European law on the topic:
Bodies of the European Union.
Completed:
4th year student of the Faculty of Law Akhmetov Damir Ildusovich
Scientific adviser:
Iglin Alexey Vladimirovich
The work was submitted “___”________2011.
Ulyanovsk 2011
Introduction……………………………………………………………………..…………………………………3 pp.
Chapter 1. EU system………………………………………………………………………………….5 p.
1. Concept and structure of the organizational mechanism……………………………..5 p.
Chapter 2. EU institutions
1. Council of the European Union…..…………………………………………..…….…………...12 p.
2.Parliament……………………………………………………………………………………………….19 p.
3. Commission…………………………………………………………….…………………………………………………….19 p.
4. Court………………………………………………………..…………………………………………..…21 p.
5. Accounts Chamber………………………………………….……………………………………………………………..24 p.
Chapter 3. Industry bodies
1.European Council………………………………………………………………………………………..30 pp.
2. European Investment Bank……………………………………………………..45 pp.
3. European Central Bank………………………………………………………..51 p.
Conclusion………….………………………………………………………………………………..55 pp.
List of references………………………………………………………56 pages.
Introduction.
European Union Changes associated with the formation and activities of this organization on the territory of the “Old World” are currently the object of significant interest in various circles of Russian society. They even write about a “boom of interest” 1. A characteristic feature of the second half of the twentieth century is the active development of processes of regional integration of states. In the world, there are emerging formations that are original in nature and new in their qualitative characteristics, formed at the intersection of national and international law and capable of increasingly influencing the course of world events and the evolution of law. Among such entities is primarily the European Union. An increasing number of states, under the influence of integration trends, voluntarily agree to limit their own sovereignty and transfer sovereign rights to the competence of supranational (supranational) entities of an international nature. The European Union is currently one of the most effective, authoritative and dynamic non-state entities of its kind. In a short period of time by historical standards (about 50 years), the Union has transformed from a small subregional grouping of an economic nature into an integration organization of universal competence, which has its own management apparatus and operates in a variety of spheres of public life.
Choice of EU bodies as subject The research is primarily due to the fact that it is the latter who act as real subjects of power and other competence of the EU. The main importance in this activity is given to institutions.
The purpose of my work: try to characterize the EU bodies, the main directions of their activities, structure, organizational mechanism of their work, etc.
I was also given the task: to provide interested parties with an optimal amount of knowledge on EU bodies, the history of their creation and development prospects.
Chapter 1. System of Bodies of the European Union.
Concept and structure of the organizational mechanism of the European Union.
After the establishment of the European Union in 1992, the so-called “Single Constitutional Mechanism” 2 began to operate, the foundations of the organization and functioning of which are enshrined in the EU Treaty.
The organizational mechanism of the European Union is the system of institutions and other bodies through which a given organization exercises its competence. From the point of view of its structure, the organizational mechanism consists of two parts.
Meanwhile, as Yu.M. Yumashev rightly notes, “the institutional system of the EU is focused more on the state model than on the international legal one” 3 .
Governing bodies, usually endowed with authority, are called institutions in the law of the European Union. Institutions are entrusted with the implementation of the tasks of the European Communities and the Union as a whole; it is through its institutions that the European Union realizes those sovereign rights that have been delegated to it by member states. Institutions form the core of the organizational mechanism of the European Union.
The system of bodies of the European Union, in contrast to institutions, is open: along with the bodies provided for in the founding treaties, the European Parliament, the Council and the Commission, through their legal acts, annually establish new bodies of the Union, the number of which is thus constantly increasing. Bodies – are of a supporting and/or advisory nature (the Economic and Social Committee as an advisory body, including representatives of different classes and professions in the EU). The concept of “body” in European Union law is used in a broad sense.
At first there were 4 EU institutions, now there are 5: the European Parliament, the Council, the Commission, the Court, the Court of Auditors (Article 7 of the EU Treaty). However, even with a quick glance at the founding treaties, it is not difficult to see that in addition to these five institutions, there are many other elements in the organizational mechanism of the Union: the European Council, the Committee of the Regions, the European Central Bank, agencies, the Political Committee (within the framework of the Common and Security Policy), Europol and etc.
Even more of them can be found if you familiarize yourself with EU regulations: European Medicines Products Agency, European Environment Agency, Employment Committee, Education Committee, etc.
It is the institutions that act as those bodies of the Union that are entrusted with the implementation of its tasks on behalf of the latter and, most importantly, that are endowed in this capacity with authority in relation to the member states, individuals and legal entities, including the publication of regulations (regulations and directives) and individual decisions.
The concept of “institution” can thus be defined as a composite and at the same time relatively separate division of the apparatus of the European Union, which participates in the implementation of its functions and tasks, acts on its behalf and on its behalf, has the appropriate competence and structure, is endowed with established constituent treaties and legislation of the Union, the scope of power, applies its inherent forms and methods of activity.
“Consequently, the structure of the organizational mechanism can be characterized as two-level. The first level consists of an institutional mechanism (a system of five institutions), the second (other bodies) is characterized by a variety of organizational and legal forms and general conditions activities. 4
Chapter 2. EU institutions: structure, powers, formation procedure.
Council of the European Union.
The Council of the European Union (Council of Ministers) is the main decision-making body in the EU structure. It meets at the level of ministers of national governments and its composition changes depending on the issues discussed (Council of Foreign Ministers, Council of Economic Ministers, etc.).
Depending on which ministers participate in the meetings of the Council, it is customary to distinguish between the “general Council” and the “special Council”. Members of the “general Council” are the ministers of foreign affairs; within the “special” Council, representatives of the governments of member states discuss the legislative acts of the Community and adopt or reject them by voting. It should be emphasized that one of the main powers of the Council is its right to adopt regulations that are binding on all subjects of the European Union. The Council carries out this function jointly with the Parliament, but the former has the right of “veto”, which is absolute. The legislative role of the Council of the EU is expressed in “defining broad political directives”, normative consolidation and representation of the interests of member states of the European Communities, making decisions on the preparation and adoption of new legislation, and supporting by legal means the intergovernmental principle of cooperation within the European Union. If bills are adopted on the basis of a consultative procedure, “this procedure in various variations is provided for in Art. 45, 49, 52, 67, 83, 89, 132 of the EU Treaty,” then the Council adopts the document in its final version and often despite possible objections from the Parliament of the European Union.
“Decisions in the Council are made either unanimously or by a qualified majority and they cannot be canceled. The decision to hold periodic (at least three times a year) meetings of heads of state and government was made back in 1974 in Fontainebleau. Particularly significant controversial decisions may be challenged in court" 5 .
The Council of Ministers operates a rotation system, according to which a representative from each member state alternates as chairman for a period of 6 months.
Work organization. Ministers and officials of the Presidency State preside over the proceedings of the meetings of the Council of the European Union and its subsidiary bodies.
Composition and order of formation. “The emergence of the Council in the system of institutions of the Communities was dictated by the need to ensure representation of the interests of each member state” 6.
In addition to 27 national ministers, representatives of the Commissions traditionally participate in the Council meeting with an advisory vote. Any authorized representative “at ministerial level” can sit on the Council. Since the beginning of the 1960s. Along with meetings of the Council consisting of “general” foreign ministers, the Council increasingly began to convene “special” Councils consisting of ministers of economics, finance, agriculture, etc.
Council for General Affairs and External Relations.
Council for Economic and Financial Affairs.
Council for Justice and Home Affairs.
Employment Council.
Council on Internal Affairs, social policy, Market, Industry and Health and Research Affairs.
Transport, Telecommunications and Energy Council.
Agriculture and Fisheries Council.
Environmental Council.
Council for Education, Youth and Culture.
Most of the meetings are not “general”, but “special” (or “sectoral”, “technical”) Councils, in which almost all legislative acts are adopted. Within the framework of the “general” Council, issues related to the foreign policy activities of the Union are resolved mainly. Including in the field of common foreign and security policy, as well as issues relevant to all areas of the Union’s activities. The Council meets in Brussels and three months a year in Luxembourg.
Internal organization. Of all the institutions of the Communities and the Union as a whole, it is the Council that has the most complex structure. The key elements in the structure of the Council are: 1) Committee permanent representatives and 2) Chairman (Institute of Chairmanship); 3) the General Secretariat and its leader, 4) Working groups also play an important role. The President of the Council also acts as the official representative of the European Union as a whole on matters of common foreign and security policy. The chairman is assisted in his work by the secretariat and its head, appointed by the council. The Secretary General of the Council is the High Representative for Common Foreign and Security Policy.
The institutions of the European Union are the institutions of the European Union that represent and ensure the interests common to all EU member states. On this moment under all agreements binding all member countries to general principles, the seven most important and governing bodies of the EU were formed: the European Council - the highest political body The European Union, consisting of the heads of state and government of the EU member states. 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 fundamental treaties European integration. Its meetings are held at least twice every six months, either in Brussels or in the Presidency State, chaired by a representative of the Member State chairing the given time Council of the European Union. The meetings last two days. The decisions developed and adopted by him have the nature of a political directive, but also acquire legally binding force. Institutions, bodies and organizations, as well as member states to which its decisions are addressed, are legally obliged to implement them and ensure their implementation. The European Council should be distinguished from the Council of the EU and from the Council of Europe. Following the ratification of the 2009 Lisbon Treaty by member states, the European Council acquired the status of an institution of the European Union. Within its framework, so-called “ceremonial” leadership is carried out, when the presence of politicians high level gives the decision taken both significance and high legitimacy. The Council of the European Union is, along with the European Parliament, one of the two legislative bodies of the European Union. · the only institute that does not have a permanent composition · the only institute that does not have a permanent term of office · the only institute where there is no chairmanship (individual). The activities of the state are carried out in order of rotation by the following in order, starting from the second half of the year - Sweden, Spain, Belgium, Hungary, Poland... · the post of chairman is not elected · rotation for six months, but the order is determined by the Council itself · special decisions are made - special document 1995 year - on establishing the procedure for presiding over the Council. The European Commission is the highest authority executive power European Union. Responsible for the implementation of decisions of the Union, monitors compliance with its laws in member countries and, if necessary, initiates proceedings in the court of the European Union against member countries for violation of membership obligations. The main purpose of the Commission is to ensure and protect the common interests of the Union and to take all necessary measures . Four main blocks of powers of the European Commission. Firstly, it ensures the implementation of the founding treaties (the Constitution with its entry into force), as well as other legal acts adopted by the EU institutions in pursuance and application of primary law. Secondly, the Commission makes recommendations and gives opinions on all issues that form the subject of the constituent acts. Thirdly, the Commission has its own administrative power, and also participates in decision-making by other institutions, primarily the Council and Parliament. Fourthly, the Commission ensures the implementation of decisions taken by the Council. The Court of Justice of the European Union is the highest court of the EU. Article 19 The Court of Justice of the European Union includes the Court of Justice, the Tribunal and the specialized tribunals. It ensures respect for the law in the interpretation and application of the Treaties. Member States shall establish the means of appeal necessary to ensure effective judicial protection in areas governed by Union law. The Court is composed of one judge from each member state. The court is assisted by attorneys general. The Tribunal consists of at least one judge from each member state. The judges and advocates general of the Court and the judges of the Tribunal shall be selected from among persons who provide every guarantee of their independence and meet the conditions provided for in Articles 253 and 254 of the Treaty on the Functioning of the European Union. They are appointed by common consent by the governments of the member states for six years. Judges and Advocates General whose powers have expired may be reappointed. The Court of Justice of the European Union, in accordance with the Treaties, decides: a) on claims brought by Member States, institutions, natural or legal persons; b) prejudicially upon requests from national jurisdictional authorities regarding the interpretation of Union law or the validity of acts adopted by institutions; c) in other cases provided for in the Agreements. The European Parliament has three major tasks: legislation, budgeting and control of the European Commission. Elected by the population since 1979. Article 14 The European Parliament, together with the Council, exercises legislative and budgetary functions. It exercises the function of political control and advisory function in accordance with the conditions provided for by the Treaties. He elects the Chairman of the Commission. The European Parliament consists of representatives of the citizens of the Union. Their number does not exceed seven hundred and fifty, plus the Chairman. Citizens' representation is ensured according to the method of diminishing proportionality, with a minimum threshold of six members per member state. No member state may be allocated more than ninety-six seats. On the initiative of the European Parliament and with its approval, the European Council unanimously adopts a decision fixing the composition of the European Parliament, subject to the principles specified in the first paragraph. Members of the European Parliament are elected by universal, direct, free and secret suffrage for a term of five years. The European Parliament elects its President and its Bureau from among its members. The European Court of Auditors is an institution that audits the budget of the Union and its institutions. The functions of the Court of Auditors have the following areas: · checking reports on income and expenditure of the European Union and all its institutions and bodies with access to European Union funds; · quality control of financial management; · drawing up a report on its work after the end of each financial year, as well as submitting opinions or comments on individual issues to the European Parliament and the Council; · assistance to the European Parliament in monitoring the execution of the European Union budget. In order to fulfill the functions assigned to the Court of Accounts, auditors carry out on-site inspections to other EU institutions, EU states or other states receiving financial assistance from the EU. However, the Accounts Chamber has no real powers. If auditors find violations, they inform the European Anti-Corruption Office about them. The European Central Bank is the central bank of the European Union and the euro area. The main functions of the bank: · development and implementation of monetary policy in the euro area; · management of official (gold and foreign exchange) reserves of the Eurosystem; · issue of euro; · determination of key interest rates. the main objective ECB - maintaining price stability in the eurozone (annual growth of the Harmonized Index consumer prices in the euro area should not exceed 2%). The predecessor of the ECB was the European Monetary Institute, formed in 1994 in connection with the transition to the second stage of the EU Economic and Monetary Union, which played a leading role in preparing for the introduction of the euro in 1999.
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European Union: integration association peoples of Europe. EU member states, official languages, official symbols of the European Union, population.
Membership in the European Union: requirements for candidate countries, procedure for admitting new members, prospects for expansion.
Spatial scope of the European Union. Territories of Member States that are not part of the EU. Peculiarities legal regime"overseas countries and territories".
Institute of Citizenship of the European Union: basics of acquisition and termination; rights and obligations arising from EU citizenship.
European Union and Council of Europe.
EU finances and budget. Difference from the formation of the budget of an international organization. The concept " own resources", the procedure for their establishment and modification.
Features of the international legal personality of the European Union: characteristic features of an international intergovernmental organization and a state-like entity.
TOPIC 2. History of European integration.
Prerequisites and reasons for European integration. The origin and development of ideas of European unity.
The struggle for hegemony in Europe between secular and spiritual power. Foundations of the humanistic tradition as a means of overcoming wars. Universalism of revolutionary ideas. Napoleon's European project and its implementation.
Pacifist movement. Liberal projects of European unity. Block strategy of European states. "United States of Europe".
The influence of the First World War on European construction. Versailles principles of international relations. Pan-European movement in the 20-30s. Project by A. Briand. Fascism and Europeanism.
Pan-European interest as a unifying factor of the Resistance movement. Strengthening federalist tendencies. Plans and projects post-war structure Europe. Marshall Plan and Organization for European Economic Cooperation 1948 Division of Europe into Western and Eastern. Creation of the Council of Europe.
Creation of the Western European Union. Projects economic unification Western European countries. An attempt to create a European Defense Community. The Schuman Plan of 1950 and the creation of the European Communities: European Coal and Steel Community of 1951; European Economic Community 1957; European Atomic Energy Community 1957
Political crisis communities ser. 60s “Merger” agreement 1965 and completion of the process of creating common governing bodies of the European Communities.
Completing creation customs union. Werner's plan. Entry of new members into the European Communities 1972-1986. Political consolidation of the EU. The Genscher-Colombo plan. Schengen agreements. Single European Act 1986 (SEA): main provisions and meaning.
The creation of the European Union and the development of European law: the 1992 Treaty on European Union: general characteristics.
Amsterdam Treaty 1997 and reform of the European Union.
Treaty of Nice 2000 and its influence on the development of European law. Adoption of the European Union Charter of Fundamental Rights 2000.
Further development European Union: development of the draft Constitution for Europe 2004 and the reasons for its rejection in referendums.
Enlargement of the European Union.
Lisbon Treaty 2007: its development, signing and entry into force. general characteristics reforms introduced by the Lisbon Treaty.
Main results and trends in the development of European integration. The future of the European Union: challenges of the time.
TOPIC 3. Concept and features of European Union law.
European Union law as a special legal system: subject and method legal regulation. “EU law” and “European law” are terminological differences.
The relationship between domestic law and EU law. The concept of supranationality (supranationality). Principles of the relationship between European and national law of the member states: direct effect, supremacy; responsibility.
The relationship between EU law and international law.
Principles of European Union law: concept and classification. The role of the doctrine of the Court of Justice of the European Union in the formation of the principles of EU law. General principles of the legal systems of the EU Member States.
Classification of sources of EU law.
"Primary" EU law. Treaty on European Union and Treaty on the Functioning of the European Union. Legal force acts of primary law.
“Secondary” EU law. Normative legal acts of the European Union (regulations, directives, etc.) and advisory acts. "Communitarian" law.
Decisions of the EU Court of Justice as a source of European Union law.
International treaties of the EU as a source of EU law.
Subjects of EU law. Features of the legal personality of states, legal entities and individuals. Scope of EU law: in time, in space across a circle of persons.
TOPIC 4. Competence of the European Union.
Legal personality of the European Union.
Competence of the European Union: structure and content. Division of competences and powers between the EU and the Member States.
Exclusive competence of the European Union. Shared competence of the EU and Member States. Doctrine of implied authority. Additional EU competence. Differentiated integration and the mechanism of “advanced cooperation”.
Classification of subjects of competence and spheres of activity of the European Union.
Powers in the field of functioning of the internal market of the EU, Economic and Monetary Union. EU policies (antitrust, agricultural, transport, environmental, immigration, social, etc.).
The EU's powers regarding the area of freedom, security and justice. General immigration policy. Schengen process. Europol, Eurojust and other special EU agencies in the fight against crime. The main areas of EU activity in the fight against crime.
Legal basis for the common defense policy of the European Union.
The powers of the EU in the field of international relations and the features of their implementation.
Common trade policy, EU anti-dumping policy.
The powers of the European Union in matters of common foreign and security policy.
Goals and principles of the European Union. Concept and classification of EU goals. Union values. Principles of EU activity: system and content (principles of legality, transparency, subsidiarity, proportionality, etc.).
TOPIC 5. Institutions and bodies of the European Union.
Fundamentals of the institutional system of the European Union. The concepts of “institution” and “organ”.
Classification of bodies of the European Union.
EU institutions:
The European Council is the highest body of political coordination within the Union: composition, order of creation, competence. President of the European Council.
European Parliament: status, internal structure, work procedure, powers. "European" political parties: legal status. Deputy status.
Council of the European Union: status and powers, operating procedures and decision-making. General and special Council. Post of Chairman of the Council. "Weighted" voting.
European Commission: formation procedure, powers, decision-making procedure. Responsibility.
Legislative procedures in the European Union. Budget process.
EU judicial system: general principles construction. Court of the European Union: status, formation procedure, rules of proceedings, delimitation of the jurisdiction of the Court of Justice of the European Union, the Court of First Instance and specialized tribunals. Prejudicial requests from national courts.
The Court of Auditors is the EU financial control body: formation procedure, internal organization and powers.
European Central Bank: legal status, establishment and powers. European system central banks.
Bodies of the European Union: control, financial, advisory and others.
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 institutions (main bodies) of the EU 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 the coordination of common economic policy 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 Secretary General Council - High Representative on 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 population, and also taking into account the economic indicators of the country’s development.
Previously, when the EU had 15 states, 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. A decision was considered adopted if 62 votes were cast for it (i.e. 71.2% of the total). 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.
Important role plays a 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 which country the deputies are elected, they act as representatives of all the peoples of the EU as a whole and unite with each other in 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 deciding the following questions:
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 submit a new draft 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 questions regional development; 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.
Unlike the CIS, the European Union (EU) is an international organization, initially more focused not on political, but on economic integration member states. Created at the end of the twentieth century, The EU is a regional economic organization that solves the problem of increasing the competitiveness of a united Europe in world markets.
The Treaty establishing the EU was signed on February 7, 1992 in Maastricht (Netherlands). After entering into force (November 1, 1993), the Maastricht Agreements were supplemented by agreements adopted in 1997 in Amsterdam and in 2001 in Nice. The EU structure consists of three main European Communities: the European Atomic Energy Community (Euratom), the European Coal and Steel Community (ECSC) and the European Economic Community (EEC). In principle, the formation of the EU has enough long history: The ECSC was created in 1951, and the EEC and Euratom in 1957. In 1965, the member states of the communities entered into an agreement to unite these structures and create common ones for them governing bodies. The original members of the communities were six states: Belgium, Italy, Luxembourg, the Netherlands, France and Germany, which were later joined by nine more countries. The Single European Act, adopted in 1986, marked the beginning of close political integration of Europe (the development of a common foreign policy) and established the principle of a qualified majority instead of the principle of unanimity in decision-making. These provisions became legal basis formation of the EU in modern form. The 1997 Treaty of Amsterdam expanded the EU's competence in the field of social policy, partially reformed the structure of the Union, and also obliged member states to cooperate more closely in the fields of justice and security.
In his activities The EU has the following goals:
1) formation of a union European peoples;
2) promoting balanced economic progress by creating a space without internal borders, strengthening socio-economic interaction, forming an economic and monetary union and creating a single currency;
3) assertion of one’s own identity in the international sphere through joint foreign and security policy, and in the future, joint defense policy;
4) preservation and enhancement of the common heritage of the member states.
To achieve these goals, a set of the following activities is being carried out within the EU:
Cancel customs duties and quantitative restrictions on imports and exports in trade between Member States;
Carrying out a common trade policy;
Creation of an internal market with the abolition of any obstacles to the free movement of goods, persons, services and capital between member states;
Carrying out common policies in the fields of agriculture, fisheries, transport, environment and social sphere;
Approximation of national legislations of the member states for the normal functioning of the common market;
Promotion of research and industrial development;
Implementation of joint activities in the field of energy, social protection and tourism.
The main organs of the EU are the Council, the European Parliament, the Commission, the Court of Justice, the European Council and Europol.
Advice is a collegial body of the EU, in which each state is represented by an official at ministerial level. As a rule, when considering the most general issues of EU activity, member states are represented by their foreign ministers. However, in cases where problems of individual sectors of the economy are being resolved within the EU, the Councils may include ministers of the relevant departments. Such councils are called “sectoral”. In practice, the EU Council meets for its meetings at least once a month, and “sectoral” meetings - once every three months. Organizational preparation for meetings is the responsibility of the state that currently presides over the Council. The presidency of the Council lasts six months and is subject to the principle of rotation.
The Council is considered the executive body of the EU, although in practice it, together with the European Parliament, also exercises legislative powers. In addition, the competence of the Council includes resolving certain budgetary issues, concluding international treaties on behalf of the EU and forming other bodies of the Union.
All decisions are made in the Council by voting. Depending on the nature of the issue under consideration, it can be resolved unanimously or by a simple or qualified majority of votes. Currently, the total number of votes in the Council is 87.
Great importance has the activities of various subsidiary bodies of the Council of the EU (there are about 250 of them), and primarily the Committee of Permanent Representatives, which forms the agenda for Council meetings and draft decisions.
EU Commission- a body that is designed to ensure the general (integrated) interests of the Union. As practice shows, the activities of the Commission, to a lesser extent than the activities of the Council, reflect the national needs of the Union member states. The Commission consists of 20 independent members, and 5 states (Great Britain, Germany, Spain, Italy and France) have two representatives on the Commission.
The Commission has control powers, the right of legislative initiative and, within the limits determined by the Council, legislative functions. However, the main task of the Commission is to ensure the strict implementation by EU member states of decisions taken within the Union. In addition, in some cases (on the basis of delegated powers) the Commission can also perform representative functions, for example, concluding agreements with other states and international organizations on behalf of the EU.
The structure of the Commission includes 24 general directorates, a secretariat and various subsidiary bodies. General Directorates are divisions of the Commission, working on a sectoral principle: each directorate resolves a strictly defined range of issues (finance, industry, agriculture, etc.). Total number The Commission's staff exceeds 15,000 people.
The political component of European integration within the EU is represented by European Parliament, which consists of 626 deputies elected for a five-year term on the basis of direct universal suffrage by citizens of European states. In addition to legislative powers, the European Parliament carries out certain control and budgetary functions, and also takes part in the formation of other EU bodies. In particular, the European Parliament has the right to express a vote of no confidence in the composition of the Commission and demand a report from the Council and the Commission. The activities of the European Parliament greatly contribute to the creation of a single European political space. In particular, the prerequisites for the formation of pan-European political parties, which are represented in it by the relevant factions, are being created in the European Parliament. Currently, the largest factions are the European People's Party (Christian Democrats) and the Social Democrats.
Depending on the nature of the issues on the agenda, the European Parliament makes decisions by a simple or qualified (2/3 of the list of deputies) majority of votes. The European Parliament holds both plenary sessions and work in standing committees, of which there are about 20. Plenary sessions are held approximately once a month in Strasbourg, however most of meetings of committees and factions are held in Brussels.
European Court has jurisdiction over disputes between EU member states, between the EU itself and member states, between individual EU bodies, between the EU and individuals. At the same time, the Court, as a rule, accepts for consideration only such claims that can be resolved on the basis of EU law and treaties on its establishment and status. In particular, the Court considers cases of violation of EU law, invalidation of Union acts, illegality of actions and inactions of its bodies, interpretation of EU regulations, etc.
It is important to emphasize that the Court does not have the power to overturn decisions of national courts of EU member states. Thus, its activities are carried out in parallel with domestic judicial systems and are intended to promote the uniform interpretation and application of pan-European legal acts. IN Lately An important area of activity of the Court is the protection of violated rights and freedoms of citizens, if the corresponding violation is related to the functioning of the Union.
The Court consists of 15 judges, among whom there cannot be two citizens of the same state. Judges are appointed for a six-year term, with the general consent of the governments of member states and can be reappointed to their positions. Every three years, the composition of the Court undergoes partial rotation. A special feature of the European Court is that its structure includes 8 advocates general, five of whom must be citizens of Great Britain, Germany, Spain, Italy and France. Advocates General perform expert functions in the Court: their opinions on pending cases are taken into account by judges when making final decisions.
The consideration of cases in the Court is carried out in two forms: plenary and by creating a chamber with an odd number of judges. All decisions are made by a majority vote of the judges hearing the case. Since 1989, the Court has been the appellate authority for the Court of First Instance, an institution created to assist the Court. Thus, there is currently a two-tier judicial system within the EU.
The dominant working language of the Court is French. The seat of the Court is Luxembourg.
European Council is somewhat unusual for the traditional understanding of a body of an international organization. Rather, it operates as a regularly convened international conference at which political leaders Member States discuss the most general issues and problems of the Union. According to Article 4 of the 1997 Treaty of Amsterdam, the European Council provides the necessary incentives and defines the general political guidelines for integration. Thus, decisions of the European Council are not of a legal nature: they serve only political precondition For further actions other bodies of the Union. In fact, the treaties establishing the EU reflected the practice of regular meetings of European heads of state and government, which developed long before the emergence of the EU. As a rule, a particular issue comes to the attention of the European Council only if it could not be resolved at the level of the EU Council due to fundamental differences or lack of competence of its members.
Currently the EU has enough complex structure, which includes several dozen other bodies (Court of Auditors, Economic and Social Committee, Committee of the Regions, European Central Bank, etc.)
Besides economic sphere, EU member states cooperate closely in the fields of foreign policy and justice. Thus, when pursuing a common foreign policy, member states pursue the goals of protecting the common values and interests of the Union, strengthening its security, as well as security in the world. The main form of cooperation in developing a common foreign policy is the regular exchange of information of mutual interest. In addition, the member states of the Union, which are also members of the UN Security Council, must coordinate their positions on all issues discussed in the Council. Thus, the EU strives for a synchronous vote of its members in the main body of the UN. Finally, the diplomatic and consular institutions of the EU states cooperate in order to develop a common position on all current issues of international relations.
In the field of justice and internal affairs, the member states of the Union cooperate on issues such as the provision of political asylum, immigration policy, the fight against drug addiction, legal assistance in civil and criminal cases, customs matters, etc. The activities of Europol play a major role in coordinating cooperation in this area.
IN scientific literature the view is expressed that the EU is international organization in the classical sense of this term only in relation to cooperation in the economic field 1. As for relations in the field of foreign policy and justice, they continue to have a pronounced international legal character, since all three treaties on the EU do not directly grant it international legal personality. In particular, EU bodies act in these areas not on their own behalf, but on behalf of the Member States. As for the communities themselves, they all enjoy recognized international legal personality. This situation is due structural heterogeneity the EU itself: the Union system includes three so-called “pillars”, each of which has a specific legal nature: the communities, the common foreign and security policy, and judicial cooperation.
There is also a fairly widespread point of view about a certain “supranational” nature of the EU and the decisions taken within its framework. Indeed, back in 1964, the EU Court of Justice described it as a legal community within which “member states and their authorities are subject to scrutiny as to the compatibility of their acts with the constitutive framework that is the EEC Treaty.” In fact, the competence and powers of the Union depend little on the member states (although they are derivative). This is also indicated by the fact that the constituent documents provide for the possibility of the Union expanding the powers of its bodies. Finally, EU officials and members of the European Parliament do not represent states, but the peoples of Europe.
Currently, the regulations of the EU Council and the Commission are acts of direct effect on the territory of the Union member states and take precedence over the norms of national legislation. In any case, practice predominantly follows this path: only in France and Great Britain the judicial authorities in in some cases deny the direct effect of EU directives on the territory of these states. Thus, the EU is a union of states in which economic and political integration is accompanied by the creation of a single legal space, mandatory for adoption by individual states.
Under "EU law" traditionally refers to the founding treaties establishing the ECSC, the EEC and Euratom, as well as the three treaties establishing the EU (Maastricht, Amsterdam and Nice). In addition, sources such as the Single European Act (SEA) 1986, the Act on Direct Elections to the European Parliament 1976, the Treaty on the European Economic Area 1992 and the accession treaties of individual states are of great regulatory importance. It should also be mentioned large quantities acts adopted by the main bodies of the Union. Currently, it can be stated that EU law is in its infancy. It is, in particular, characterized by the absence of a strict hierarchy of adopted acts, their disorder, lack of specification of individual sectors, weak codification, etc. Separately, it is worth mentioning the absence in the EU of any clear enforcement mechanism (sanctions) that could be used by the Union against violating states. For example, during the existence of the EU, more than a hundred cases of non-compliance by member states with decisions of the European Court, which does not have the means to enforce them, have been registered. An example of this mechanism is the institution of punitive sanctions provided for in Article 228 (2) of the Amsterdam Treaty, however, it is entirely based on the good will of the violating state (that is, it entirely has the characteristics of ordinary international legal responsibility).
An analysis of the main trends in the functioning of the EU allows us to make the assumption that it is evolving towards an interstate formation of a confederal type. This, in particular, is indicated by the institution of single citizenship, the introduction of which is envisaged constituent documents Union.
The EU is one of the main institutional structures within which the process of European integration takes place. At the same time, attempts to adopt a constitution for a united Europe have so far failed at the level national institutions(results of referendums in the Netherlands and France), which indicates a certain crisis in the idea of final unification.
Currently, the EU includes 25 states. The EU headquarters is located in Brussels. More than 150 states have their representations in the EU. In turn, individual EU bodies (for example, the Commission) have representation in a number of large states.
The Republic of Kazakhstan began to cooperate closely with the EU almost simultaneously with its independence. As an example, we can mention the Partnership and Cooperation Agreement concluded on January 23, 1995 in Brussels between the Republic of Kazakhstan, on the one hand, and the European Communities and their member states, on the other hand, as well as the Interim Agreement on Trade and Related Issues between European Community, European Coal and Steel Community, European Community on atomic energy, on the one hand, and the Republic of Kazakhstan, on the other hand, dated December 6, 1995.
Speaking of European integration processes, one should take into account the enormous influence on them of such structures as the Council of Europe, NATO, OSCE, etc.
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