The European Union
The European Economic Community was established in 1957 with the Treaty of Rome.
The primary aim was to establish a common market within Europe.
Six original members- France, Germany, Italy, Belgium, The Netherlands and Luxembourg.
Same six also established the European Coal and Steel Community (ECSC) in 1951 and the European Atomic Energy Community (EURATOM) in 1957.
In 1972 the Treaty of Accession was signed admitting the UK, Ireland and Denmark as from 01/01/73.
The UK parliament passed the European Communities Act 1972 to make EC law part of the law of the UK.
When there is conflict the EC law prevails. (Supranational)
Greece joined in 1979 then Spain and Portugal in 1986 then Sweden, Finland and Austria joined in 1995.
There are currently fifteen members of the European Union.
In 1986 the single European Act amended the Treaty of Rome. Economic and monetary co-operation in matters of foreign policy were added to the aims of the community.
Further amendments were made by the Maastricht Treaty 1992 (also known as the Treaty of European Union, came into effect in 1993) and the Amsterdam treaty 1997. The treaty of Nice deals with future enlargement.
EU Institutions
There are 5 principal institutes.
1. The Council
2. The Commission
3. The European Parliament
4. The European Court of Justice
5. The Court of Auditors
There are also several associated bodies eg. COREPER ( The Committee of Permanent Representatives) doing groundwork on proposed legislation.
Also note the Single European Act of 1986 set up a new court of First Instance to relieve pressure on the European Court of Justice.
The Council
Made up of a single representative of each member state ie a minister who is authorised to commit the government of his member state.
Minister varies according to subject matter ie agriculture.
Member states take turns at President on a six month term.
Meetings of The Council take place in Brussels, sometimes Luxembourg.
Council is principal lawmakeing body of the EU acting on proposals submitted by the commission.
Decisions are taken by simple majority, qualified majority or unanimity.
The Commission
20 members at least one, not more than two per member state.
Commissioners are appointed for a five year term which may be renewed.
Commissioners have a duty to act independently of national governments.
Meetings are held in Brussels.
The Commission initiates proposals for legislation.
The Commission also acts as guardian of the Treaties b ensuring that EU law is not infringed by member states.
May also bring enforcement proceedings against member states.
The European Parliament
626 members of the European Parliament directly elected from 15 member states.
MEPs are elected for five years at a time.
President is elected, term lasts for two and a half years.
MEPs attach themselves to a political grouping.
Full (plenary) sessions are held in Strasbourg, committee meetings are held in Brussels.
The Council is chief legislator.
The Parliament has only an advisory role, not legislative.
The legislative power was strengthened by The Single European Act and the TEU.
Parliament supervises the work of the Commission.
Parliament adopts the EU budget.
The European Court of Justice
15 judges, one from each member state, appointed from six years at a time.
Each member state provides at least one judge.
President holds office for three years.
Work of court is assisted by 9 advocates general.
Court sits in Luxembourg, usually full session (all judges) but sometimes in chambers of 3 or 6.
Cases take the form of
o Direct Action
o Requests for preliminary ruling
Direct Actions are brought by member states, The Commission, The Council and individuals. In terms of Article 177 of the Treaty of Rome where a question of interpretation of EU law arises before a national court, it may refer the matter to the European Court of Justice for the preliminary ruling.
If there is no further appeal from the court within the member state the court must make an Article 177 reference.
The role of the European Court of Justice is to interperate and apply all European law .
The Single European Act established a new court of first instance.
15 members six year terms.
Sits in Luxembourg.
Jurisdiction of 3 types of cases
o Staff cases ie disputes between Community and its employees.
o Cases concerning competition law cases.
o Judicial review actions ( legality of institutes decisions are scrutinised)
The Court of Auditors
TEU made it a principal institution.
Members to have auditing experience.
Function to examine community accounts and prepare an annual report.
European treaties, regulations, directives and decisions.
Legislation of the EU which applies to the UK may be either primary or secondary.
Primary legislation consists of
o The Treaties, Treaty of Rome 1957
o The Single European Act 1986
Secondary legislation consists of regulations, directives and decisions made by the Council or Commission.
Regulations
o Are directly applicable ie automatically part of domestic law. They do not require an Act of Parliament to be passed in the UK to give them effect.
o Are directly effective ie they confer rights on UK citizens which can be enforced in UK courts.
Directives
o Are not directly applicable- they must be implemented by the UK.
o Indicated objectives to be achieved leaving the method of achieving the objective to the member state.
o Usually a time limit is imposed.
o If time limit expires and directive is clear and specific, the European Court of Justice will regard it as directly effective.
Decisions
Binding on persons / states to whom they are addressed in their entirety.
Decisions of Council/ Commission.