UMKC The EU, its Institutions and Competences

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UMKC - The EU, its Institutions and Competences

• Dermot Cahill
• UCD

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World War II ends 1945.

• Mainland Europe in ruins
• Jean Monnet and Paul Schuman
• plan to remove sovereign control over war
  production material (coal and steel)
  

3
Creation of supranational institutions with
exclusive competence

• European Coal Steel Community (1953)
• Euratom (Euratom (1957)
• European Economic Community (Treaty of Rome,
  1957)
  

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European Economic Community (Treaty of Rome, 1957)

• European Commission (Brussels)
• European Council of Ministers (Brussels)
• European Court of Justice (Luxembourg)
• European Court of Auditors (Luxembourg)
• European Parliament (Strasbourg Brussels)

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EEC Treaty

• Four Freedoms
• Free Movement of Goods
• Free Movement of Workers
• Freedom of Services Establishment
• Freedom of Capital

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Free Movement of Goods

• Member States to -
• abolish customs duties (arts 23-25)
• abolish quantitative restrictions (arts 28-30)
• abolish discriminatory internal taxation (art
  90)
  

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Free Movement of Workers

• Member States to abolish discrimination against
  workers based on nationality (except for
  official authority jobs) (art 39)
  
• Family of worker given residence rights,
  educational and social rights without
  discrimination
  

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Freedom of Services Establishment

• Member States cannot discriminate against
  temporary service providers from other M/Ss on
  grounds of nationality
  
• Members States cannot discriminate against
  corporations from other M/S who wish to set up
  permanent operations in M/S

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Freedom of Capital

• Restrictions on currency movements lifted in 70s
  
  
• Treaty of Maastricht (1991) - created basis for
  Economic Monetary Union
  
• European Central Bank (1999 - sets interest
  rates)
  
• Euro Single Currency in most M/Ss (2002)

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Expansion of Community competences since 1957

• Anti-Trust Enforcement
• Environmental Policy
• International Trade Negotiations
• Asylum Immigration Policy
• Social Policy / Equality Policies
• Financial Services
• Police Judicial Co-Operation (JHA)
• Common Foreign Security Policy (CFSP)

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Integration leading from EEC, to EC, to EU

• 1957 - E.E.C. .four freedoms
• 1986 - E.C. .four freedoms plus Internal Market
  programme (Single European Act Treaty)
  
• 1991 - EU.Maastricht Treaty E.C. C.F.S.P.
  J.H.A.)

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1. The European Commission

• Commissioners (Brussels) appointed by each M/S
• Commission initiates all legislative proposals
  for EU legislation
  
• Commission is Guardian of the Treaties
• Commission takes enforcement actions against M/Ss

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2. The Council of Ministers

• Consists of National M/S Ministers, supported by
  permanent secretariat (COREPER, Brussels)
  
• Council takes Commission initiatives for
  legislation, and legislates initiatives into law
  for all M/Ss (Regulations, Directives,
  Decisions)
• Council has to interact with European Parliament

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3. European Parliament

• Directly elected by peoples of Europe since 1977
  (Strasbourg)
  
• Depending on type of Council legislation
  proposed, Council Parliament must either
  
• consult / co-operate / co-decide
• Parliaments veto powers growing in last ten years

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4. European Court of Justice

• Each M/S appoints a Member (or perhaps an
  Advocate General) (Luxembourg)
  
• Only court which can interpret the Treaties
• Power to sanction both M/Ss, EU Institutions or
  private parties for breach of EU law
  
• Engages in Judicial Dialogue with National Courts

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5 European Court of First Instance.

• Luxembourg (1989)
• Anti-trust
• Staff cases
• Competences now being expanded by Treaty of Nice
  (2001)

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6. European Court of Auditors

• To ensure that Community budget is properly
  administered
  
• Luxembourg
• Each M/S appoint Member

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What is the EU today?

• Common Market (Customs Union with common external
  trade policy)
  
• Harmonised legislation in key areas
• Led by Supranational institutions with own system
  of law and enforcement

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Are National Parliaments and Constitutions
redundant?

• No
• many areas of competence still outside scope of
  EU Treaties
  
• many national laws are now taken up with
  implementing EU laws and policies

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Where is the EU going?

• where is integration heading towards?
• Constitution for Europe.national ratification
  process required.