EU INSTITUTIONS 2

ND
YEAR TRANSLATION STUDIES
AUTUMN TERM, 2013-2014
ROXANA-CRISTINA PETCU, PhD
Lecture III TE TREATY O! LIS"ON
Europe is not the same place it was 50 years ago, and nor is the rest of the world. In a constantly changing, ever
more interconnected world, Europe is grappling with new issues: globalisation, demographic shifts, climate
change, the need for sustainable energy sources and new security threats. These are the challenges facing Europe
in the 2st century.
!orders count for very little in the light of these challenges. The E" countries cannot meet them alone. !ut acting
as one, Europe can deliver results and respond to the concerns of the public. #or this, Europe needs to modernise.
The E" has recently e$panded from 5 to 2% members& it needs effective, coherent tools so it can function properly
and respond to the rapid changes in the world. That means rethin'ing some of the ground rules for wor'ing
together.
The treaty signed in (isbon on ) *ecember 200% sets out to do +ust that. ,hen European leaders reached
agreement on the new rules, they were thin'ing of the political, economic and social changes going on, and the
need to live up to the hopes and e$pectations of the European public. The Treaty of (isbon defines what the E"
can and cannot do, and what means it can use. It alters the structure of the E"-s institutions and how they wor'.
.s a result, the E" is more democratic and its core values are better served.
This treaty is the result of negotiations between E" member countries in an intergovernmental conference, in
which the /ommission and 0arliament were also involved. The treaty was ratified by each of the E"-s 2% members.
It was up to each country to choose the procedure for ratification, in line with its own national constitution. The
Treaty entered into force on *ecember 2001, in accordance with its .rticle 2, thus ending several years of
negotiation about institutional issues. The Treaty of (isbon amends the current E" and E/ treaties, without
replacing them. It provides the "nion with the legal framewor' and tools necessary to meet future challenges and
to respond to citi3ens4 demands.
A NE# EUROPE
A $%re &e$%cr't(c ')& tr')*+'re)t Eur%+e, with a strengthened role for the European 0arliament
and national parliaments, more opportunities for citi3ens to have their voices heard and a clearer sense
of who does what at European and national level.
5 . strengthened role for the European 0arliament: the European 0arliament, directly elected by E" citi3ens, is
provided with important new powers regarding E" legislation, the E" budget and international agreements. In
particular, the increase of co5decision procedure in policy5ma'ing ensures that the European 0arliament is placed
on an e6ual footing with the /ouncil, representing 7ember 8tates, for the vast bul' of E" legislation.
5. greater involvement of national parliaments: national parliaments have greater opportunities to be involved in
the wor' of the E", in particular than's to a new mechanism to monitor that the "nion only acts where results can
be better attained at E" level 9subsidiarity:. Together with the strengthened role for the European 0arliament, it
will enhance democracy and increase legitimacy in the functioning of the "nion.
5 . stronger voice for citi3ens: than's to the /iti3ens4 Initiative, one million citi3ens from a number of 7ember
8tates have the possibility to call on the /ommission to bring forward new policy proposals.
5,ho does what: the relationship between the 7ember 8tates and the European "nion become clearer with the
categorisation of competences.
5 ,ithdrawal from the "nion: the Treaty of (isbon e$plicitly recognises for the first time the possibility for a
7ember 8tate to withdraw from the "nion.
The Tre't, %- L(*.%) c%)-(r$* three +r()c(+/e* %- &e$%cr't(c 0%1er)')ce () Eur%+e:
De$%cr't(c e2u'/(t,3 the European institutions must give e6ual attention to all citi3ens
Re+re*e)t't(1e &e$%cr'c,3 a greater role for the European 0arliament and greater involvement for national
parliaments
P'rt(c(+'t%r, &e$%cr'c,3 new forms of interaction between citi3ens and the European institutions, li'e the
citi3ens4 initiative. There are already many ways in which European citi3ens can find out about and ta'e part in the
political process of the E". The newest of these is the c(t(4e)*5 ()(t('t(1e, whereby one million citi3ens, from any
number of member countries, will be able to as' the /ommission to present a proposal in any of the E"4s areas of
responsibility. The practical details of this initiative will be wor'ed out once the Treaty of (isbon ta'es effect. The
treaty also recognises the importance of consultation and dialogue with associations, civil society, wor'ers and
employers, churches and other non5denominational organisations.
The tre't, '/*% c/'r(-(e* the re/'t(%)* .et6ee) the Eur%+e') U)(%) ')& (t* $e$.er
c%u)tr(e*7
L'6$'8()03 the 4co5decision procedure4 9renamed 4ordinary legislative procedure4: has been e$tended to several
new fields. This means that 0arliament now has the same degree of lawma'ing power as the /ouncil in some areas
where it used to be merely consulted or not involved at all. These areas include legal immigration, penal +udicial
cooperation 9Euro+ust, crime prevention, alignment of prison standards, offences and penalties:, police
cooperation 9Europol: and some aspects of trade policy and agriculture. The 0arliament now has a role to play in
almost all lawma'ing.
"u&0et3 the new treaty confirms the established practice of wor'ing with a multiannual financial framewor',
which 0arliament must approve. It also abolishes the former distinction between 4compulsory4 e$penditure 9li'e
direct income support to farmers: and 4non5compulsory4 e$penditure, with the result that 0arliament and the
/ouncil determine all e$penditure together. This innovation creates a new balance between the two institutions
when approving the E"4s budget.
I)ter)'t(%)'/ '0ree$e)t*3 under the Treaty of (isbon, the European 0arliament4s assent is re6uired for all
international agreements in fields governed by the ordinary legislative procedure.
A 0re'ter r%/e -%r )'t(%)'/ +'r/('$e)t*
The treaty gives the national parliaments greater scope to participate alongside the European institutions in the
wor' of the "nion. . new clause clearly sets out the rights and duties of the national parliaments within the E". It
deals with their right to information, the way they monitor subsidiarity, mechanisms for evaluating policy in the
field of freedom, security and +ustice, procedures for reforming the treaties, and so on.
The greatest novelty lies in new power to e)-%rce *u.*(&('r(t,. 8ubsidiarity means that ; e$cept in the
areas where it has e$clusive powers ; the E" acts only where action will be more effective at E"5level than
at national level. .ny national parliament may flag a proposal for E" action which it believes does not
respect this principle. This triggers a two5stage procedure:
5if one third of national parliaments consider that the proposal is not in line with subsidiarity, the /ommission
will have to re5e$amine it and decide whether to maintain, ad+ust or withdraw it
5 if a ma+ority of national parliaments agrees with the ob+ection but the /ommission decides to maintain its
proposal anyway, the /ommission will have to e$plain its reasons, and it will be up to the European 0arliament
and the /ouncil to decide whether or not to continue the legislative procedure.
Tr')*+'re)c, () the C%u)c(/ %- M()(*ter*
<ational parliaments and citi3ens are now able to see which decisions have been ta'en by which national
ministers in the /ouncil, since all its deliberations on legislative matters are made public.
Re/'t(%)* .et6ee) the EU ')& (t* $e$.er c%u)tr(e*
In answer to a 6uestion fre6uently as'ed by citi3ens: =,ho does what in the E">= the treaty stipulates who is to
act in which domain 5 the "nion or the member states. Three c'te0%r(e* %- +%6er* are thus identified:
E9c/u*(1e +%6er*: in fields li'e the customs union, the common trade policy and competition, only the "nion
may legislate
Su++%rt()0, c%%r&()'t()0 %r c%$+/e$e)t'r, 'ct(%): in areas li'e culture, education and industry, the
"nion may only support action by the member states 9by providing funding, for e$ample:
*h're& +%6er*3 in other fields, li'e the environment, transport and consumer protection, the "nion and the
member states share lawma'ing power, not forgetting subsidiarity.
.fter +oining the European "nion, countries remain members by choice. The Treaty of (isbon includes a voluntary
withdrawal clause, recognising that the member states may always withdraw from the "nion if they wish to.
A $%re e--(c(e)t Eur%+e, with simplified wor'ing methods and voting rules, streamlined and modern
institutions for a E" of 2% members and an improved ability to act in areas of ma+or priority for today4s
"nion.
5 Effective and efficient decision5ma'ing: 6ualified ma+ority voting in the /ouncil is e$tended to new policy areas
to ma'e decision5ma'ing faster and more efficient. #rom 20? on, the calculation of 6ualified ma+ority will be
based on the double ma+ority of 7ember 8tates and people, thus representing the dual legitimacy of the "nion. .
double ma+ority will be achieved when a decision is ta'en by 55@ of the 7ember 8tates representing at least 25@
of the "nion-s population.
5 . more stable and streamlined institutional framewor': the Treaty of (isbon creates the function of 0resident of
the European /ouncil elected for two and a half years, introduces a direct lin' between the election of the
/ommission 0resident and the results of the European elections, provides for new arrangements for the future
composition of the European 0arliament, and includes clearer rules on enhanced cooperation and financial
provisions.
5 Improving the life of Europeans: the Treaty of (isbon improves the E"4s ability to act in several policy
areas of ma+or priority for today4s "nion and its citi3ens. This is the case in particular for the policy areas
of freedom, security and +ustice, such as combating terrorism or tac'ling crime. It also concerns to some
e$tent other areas including energy policy, public health, civil protection, climate change, services of
general interest, research, space, territorial cohesion, commercial policy, humanitarian aid, sport, tourism
and administrative cooperation.
Ch'rter %- !u)&'$e)t'/ R(0ht*3 The /harter becomes legally binding meaning all laws must adhere
to it. The "A and 0oland have certain opt outs on this point.
#(th&r'6'/3 #or the first time countries have the right to withdraw from the European "nion
The Treaty of (isbon does not fundamentally change the EU:* ()*t(tut(%)'/ *et-u+, which is still based
on its three main bodies: European 0arliament, /ouncil and European /ommission.
Bowever, it introduces a number of new elements to ma'e these bodies more effective, consistent and
transparent, all in the cause of better serving the people of Europe.In total, there are now seven E" institutions:
the European 0arliament, European /ouncil, /ouncil, European /ommission, European /ourt of Custice,
European /entral !an' and European /ourt of .uditors. 8o what has the treaty changed>
Eur%+e') P'r/('$e)t
This body represents voters in the E"-s member countries. The treaty has boosted its powers as regards
lawma'ing, the E" budget and approval of international agreements. The composition of the parliament has also
been changed 5 the number of 7E0s is capped at %5 9%50 plus the president of the parliament:. 8eats are
distributed among countries according to Ddegressive proportionalityE, i.e. 7E0s from more populous countries
will each represent more people than those from smaller countries. <o country may now have less than 2 or more
than 12 7E0s.
Eur%+e') C%u)c(/
The European /ouncil, which has the role of driving E" policy5ma'ing, now becomes a full E" institution.
.lthough it does not gain any new powers, it is headed by a newly created position of president. Elected by the
European /ouncil for 2F years, the main +ob of the president is to prepare the /ouncil-s wor', ensure its
continuity and wor' to secure consensus among member countries. The president cannot simultaneously hold any
elected position or office nationally.
The C%u)c(/ %- the Eur%+e') U)(%)
The /ouncil represents the E"-s member governments. Its role is largely unchanged. It continues to share
lawma'ing and budget power with the European 0arliament and maintain its central role in common foreign and
security policy 9/#80: and coordinating economic policies.
The main change brought by the Treaty of (isbon concerns the decision ma'ing process. #irstly, the default voting
method for the /ouncil is now 6ualified ma+ority voting, e$cept where the treaties re6uire a different procedure
9e.g. a unanimous vote:. In practice, this means that 6ualified ma+ority voting has been e$tended to many new
policy areas 9e.g. immigration and culture:.
In 20?, a new voting method will be introduced 5 double ma+ority voting. To be passed by the /ouncil, proposed
E" laws will then re6uire a ma+ority not only of the E"-s member countries 955 @: but also of the E" population
925 @:. This will reflect the legitimacy of the E" as a union of both peoples and nations. It will ma'e E"
lawma'ing both more transparent and more effective. .nd it will be accompanied by a new mechanism 9similar to
the DIoannina compromiseE: enabling a small number of member governments 9close to a bloc'ing minority: to
demonstrate their opposition to a decision. ,here this mechanism is used, the /ouncil will be re6uired to do
everything in its power to reach a satisfactory solution between the two parties, within a reasonable time period.
Eur%+e') C%$$(**(%)
Its main +ob is promoting the European public interest. The Treaty offers the perspective that a /ommissioner
from each 7ember 8tate becomes 7ember of the /ommission, while under the former Treaties that number
would have to be reduced to a number inferior to that of 7ember 8tates.
In another ma+or change, there is a direct lin' between the results of the European elections and the choice of
candidate for president of the /ommission.
The president is also stronger, as heGshe has the power to dismiss fellow /ommissioners.
EU h(0h re+re*e)t't(1e -%r -%re(0) ')& *ecur(t, +%/(c, ; C%$$(**(%) 1(ce-+re*(&e)t
The creation of this post is one of the ma+or institutional innovations introduced by the Treaty of (isbon. It should
ensure consistency in the E"-s dealings with foreign countries and international bodies.
The high representative has a dual role: representing the /ouncil on common foreign and security policy matters
and also being /ommissioner for e$ternal relations. /onducting both common foreign policy and common defence
policy, heGshe chairs the periodic meetings of member countries- foreign ministers 9the Dforeign affairs /ouncilE:.
.nd heGshe represents the E"-s common foreign and security policy internationally, assisted by a new Eur%+e')
e9ter)'/ 'ct(%) *er1(ce, composed of officials from the /ouncil, /ommission and national diplomatic services.
The %ther ()*t(tut(%)*
<o significant changes have been made to the role or powers of the European /entral !an' or the /ourt of
.uditors. Bowever, the treaty broadens the scope of the European /ourt of Custice, especially as regards police
and +udicial cooperation in criminal matters, and changes some of its procedures.
<ational parliaments
PROCEDURE !OR TE COMMISIONERS DESI<NATE EARIN< "Y TE PE
The term of office of the European /ommission, the European "nion-s e$ecutive body, lasts five years. .s the last
H/ollege of /ommissioners- was appointed in <ovember 200? it now has to be replaced. This re6uires the approval
of the European 0arliament.
7embership of the ne$t /ommission"nder the new (isbon Treaty the /ommission is composed of one national of
each 7ember 8tate. 8o the new /ommission will have 2% 7embers: a 0resident and 22 /ommissioners in charge
of a particular portfolio. several of these 22 /ommissioners are Iice50residents assisting the 0resident. .n
innovation in the (isbon Treaty: one of these Iice50residents is also the European "nion-s Bigh Jepresentative
for #oreign .ffairs and 8ecurity 0olicy.
T6%-*t'0e '++r%1'/ ., P'r/('$e)t
"nder .rticle % of the Treaty on European "nion the European 0arliament-s approval has two stages: in the first,
0arliament elects the candidate proposed by the European /ouncil for 0resident of the /ommission. The
reselection of 7r CosK 7anuel !arroso for a second term was approved by 0arliament on 2 8eptember 2001. 8o
7r !arroso will be 0resident of the ne$t /ommission.
In a second stage, 0arliament approves the whole /ommission as a body. To prepare for its vote it considers in
detail the candidates whom the /ouncil has proposed as /ommissioners by common accord with 0resident
!arroso, and in the light of the portfolios that he intends to give them.
E1'/u't(%) cr(ter('
0arliament evaluates the /ommissioners5designate on the basis of their general competence, European
commitment and personal independence. It also assesses their 'nowledge of the prospective portfolio and their
communication s'ills. 0arliament ta'es particular account of the need for gender balance. It may e$press views on
the allocation of portfolios proposed by the 0resident5elect.
8tep by step
0arliament-s approval procedure is laid down in .nne$ LIII to its Jules of 0rocedure and consists of the following
steps:
0arliament receives the /ommissioner5designates- curr(cu/u$ 1(t'e and their declarations of financial
interests.
0arliament puts to the /ommissioners5designate a series of 6r(tte) 2ue*t(%)* dealing mainly with the
candidates- policy priorities in their respective fields of responsibility. The candidates- written replies provide the
basis for the oral stage ; the hearings.
Each /ommissioner5designate is invited to a three5hour +u./(c he'r()0 with the parliamentary committee9s:
responsible for the portfolio concerned. These hearings enable the committees to get to 'now the personalities of
the /ommissioners5designate and have a detailed e$change of views with the various candidates on their priorities
in their prospective areas of responsibility.
The committees then e1'/u'te each of the /ommissioners5designate. They chec' that the /ommissioners5
designate have the s'ills re6uired not only to be 7embers of the /ommission in general, but also to be in charge of
a particular portfolio.
The results of the hearings are sent to the 0resident of 0arliament and considered by the C%)-ere)ce %-
Pre*(&e)t*, comprising the 0resident and all political group leaders, and by the /onference of /ommittee /hairs.
The /ommission 0resident presents the /ollege of /ommissioners5designate and their programme to a +/e)'r,
*(tt()0 of 0arliament which the /ouncil of the E" is invited to attend. This presentation is followed by a debate.
(astly, 0arliament 1%te* %) '++r%1'/ of the whole European /ommission as a body. The new /ommission can
then be formally appointed by the European /ouncil, acting by a 6ualified ma+ority.
Eur%+e') P'r/('$e)t *et -%r he'r()0* %- C%$$(**(%)er &e*(0)'te*
"'rr%*%5* Dre'$ Te'$
.fter the unveiling of the new European /ommission line up on 2% <ovember, each =commissioner designate=
faces a M and . session with 7E0s. The committee covering the area of competence of each commissioner will
hold a hearing from to 1 Canuary, following the receipt of written answers from each of them. . final
parliamentary vote is e$pected on 22 Canuary. The /ommission cannot ta'e office before the E0 has approved
it.The new /ommission will be headed for a second time by CosK 7anuel !arroso. It includes nine women and
some new portfolios such as /limate .ction, Bome .ffairs, Custice, #undamental Jights and /iti3enship.8pea'ing
after the names had been made public E0 0resident Cer3y !u3e' said =I am happy that 0resident !arroso has
acted swiftly in allocating the portfolios to the /ommissioners5designate=.
0arliament has created a special interactive website for the hearings of the commissioners designate in all E"
languages telling all you need to 'now. It4s also the place to follow the hearings live.

(et4s have a 6uic' loo' at who will be running the E"4s e$ecutive for the ne$t five years.

C'ther()e A*ht%) =U>?3 (0h re+re*e)t't(1e ')& @(ce-Pre*(&e)t

!orn in 152, (ady .shton studied sociology at university before starting a career in domestic !ritish politics
where she eventually became the leader of the !ritish (abour party in the Bouse of (ords. .ppointed European
/ommissioner for Trade in 200N, she is the first Bigh Jepresentative of the "nion for #oreign .ffairs and 8ecurity
0olicy and will also be a Iice50resident of the European /ommission.

@(1(')e Re&()0 =Lu9e$.%ur0?3 Au*t(ce, !u)&'$e)t'/ R(0ht* ')& C(t(4e)*h(+ ')& @(ce-Pre*(&e)t

!orn in 15 and a Buman 8ciences graduate she has been a European /ommissioner since 111, first for
Education and /ulture and then for Information 8ociety and 7edia from 200?. 7s Jeding was an 7E0 from 1N1
to 111 for the centre right E00 group.

The /ollege proposed by !arroso
/ommissioner for each member state
% Iice5presidents
1 women out of 2% commissioners designate
N former 7E0s
) people were already commissioners in the previous /ommission 9plus one in 1115200?:
0olitically it is dominated by figures from Europe4s centre right
A%'2u() A/$u)(' =S+'()?3 C%$+et(t(%) ')& @(ce-Pre*(&e)t

!orn in 1?N, he studied law and economics. Be has been /ommissioner for Economic and 7onetary .ffairs since
200? and is a former 8panish minister for 0ublic administration and Employment and 8ocial 8ecurity. Be was
also leader of the 8panish 8ocialist ,or'ers 0arty 908OE: from 11% to 2000. They are allied to the 8ocialists and
*emocrats 98P*: in the European 0arliament.

S(($ >'//'* =E*t%)('?3 Tr')*+%rt ')& @(ce-Pre*(&e)t

The finance graduate was born in 1?N. Be was 0rime 7inister of Estonia from 20025200) and also held the posts
of #inance and #oreign 7inister. Be has been a Iice 0resident of the /ommission since 200? and was /hairman
of the Jeform 0arty from 11?5 200?, which was allied with the (iberal .(*E group in 0arliament

Nee/(e >r%e* =Nether/')&*?3 D(0(t'/ A0e)&' ')& @(ce-Pre*(&e)t

!orn in 1?, <eelie Aroes studied economics and was a *utch 70 from 1%51%% before becoming 7inister of
Transport, 0ublic ,or's and Telecommunication. In 200? she became /ompetition /ommissioner. 8he is a
7ember of the 0eople4s 0arty for #reedom and *emocracy which sits with the .(*E group in the 0arliament.

A)t%)(% T'B')( =It'/,?3 I)&u*tr, ')& E)tre+re)eur*h(+ ')& @(ce-Pre*(&e)t

!orn in 15), the (aw graduate has been Iice50resident of the European /ommission responsible for transport
policy since 200N prior to which he was an 7E0 with #or3a Italia which was part of the E00 group in the E0.

M'r%C De1E%1(E =S/%1'8('?3 @(ce-Pre*(&e)t %- the C%$$(**(%) -%r I)ter-I)*t(tut(%)'/ Re/'t(%)* ')&
A&$()(*tr't(%)

!orn in 122, 7r QevRoviR studied economics, international relations and law. !efore becoming the /ommissioner
for Education, Training, /ulture and South in October 2001 he was a career diplomat. Be has no party affiliation.

LF*4/G A)&%r =u)0'r,?3 E$+/%,$e)t, S%c('/ A--'(r* ')& I)c/u*(%)

!orn in 122, 7r .ndor studied economics. Be has been a 7ember of the board of directors of the European !an'
for Jeconstruction and *evelopment since 2005. Be has no party political affiliation though he has e$ercised a
range of functions on behalf of the Bungarian 8ocialist 0arty.

M(che/ "'r)(er =!r')ce?3 I)ter)'/ M'r8et ')& Ser1(ce*

!orn in 15, he studied business and has been an 7E0 since Culy 2001 with the ="nion pour un mouvement
populaire=, part of the E00 group. Be has been 7inister for .griculture and #isheries, #oreign .ffairs,
Environment, and European .ffairs. Be was the European /ommissioner for Jegional 0olicy and Jeform of
European Institutions 1115200? and is a Iice50resident of the European 0eople-s 0arty.

D'c(') C(%/%H =R%$')('?3 A0r(cu/ture ')& Rur'/ De1e/%+$e)t

!orn in 121, 7r /ioloT studied engineering and economics and was 7inister for .griculture and Jural
*evelopment in 200%5200N. Be has no party affiliation.

A%h) D'//( =M'/t'?3 e'/th ')& C%)*u$er P%/(c, re*(0)e& () Oct%.er 2012 u)&er *u*+(c(%)* %-
()-%r$'t(%) /e'8 ')& c%ru+t(%)

!orn in 1?N, he studied to become a /hartered .ccountant. (ater he was variously 8ocial 0olicy 7inister, #oreign
.ffairs 7inister, #inance and Economic 8ervices 7inister. Be is a member of the <ationalist 0arty which is allied
to the E00.
Be resigned following some allegations of involvement in illegal release of information to some tabacco
manufacturers. Bis place was ta'en by Tonio !org, member of tha <ationalist 0arty, former /abinet minister in
his home country.

M'r(' D'$')'8( =<reece?3 M'r(t($e A--'(r* ')& !(*her(e*

!orn in 152, she studied chemical engineering. 7s *amana'i is currently a member of the Uree' 0arliament for
the 0anhellenic 8ocialist 7ovement 98P*:.

>'re/ De <ucht ="e/0(u$?3 Tr'&e

!orn in 15?, he studied law and was an 7E0 from 1N0511?. (ater he was !elgian #oreign 7inister 200?52001
before ta'ing the post of European /ommissioner for Bumanitarian .id. Be was the <ational 0resident of I(*
9#lemish (iberals and *emocrats: from 1115200?.

Dte-') !I/e =C4ech Re+u./(c?3 E)/'r0e$e)t ')& Eur%+e') Ne(0h.%urh%%& P%/(c, 9in cooperation
with the Bigh representative:

!orn in 122, he studied international relations and has been 7inister for European .ffairs since 2001. Be has no
party affiliation.

MF(re <e%0he0') Ju()) =E(re?3 Re*e'rch ')& I))%1't(%)

!orn in 150, the former teacher has been 7inister of Education 1N2, European .ffairs 1N%511, Tourism,
Transport and /ommunications 112511) and Custice 11)511?. 8he has been a 7ember of the European /ourt
of .uditors since 111 and is a member of the #ianna #Vil party who are in the (iberal .(*E group in the
European 0arliament.

A%h'))e* 'h) =Au*tr('?- Re0(%)'/ P%/(c,

!orn in 15% 7r Bahn studied 0hilosophy and was later #ederal 7inister for 8cience and Jesearch. Be is a
7ember of the .ustrian 0eople-s 0arty 5 WI0 9E00:.

C%))(e e&e0''r& =D')(*h?3 C/($'te Act(%)

!orn in 120, she studied literature and history before becoming the Environment 7inister 200?5200% and then
Energy 7inister. 8he is a member of the /onservative 0eople4s 0arty 9E00:.

Ru$(')' Ae/e1' ="u/0'r('?3 I)ter)'t(%)'/ C%%+er't(%), u$')(t'r(') A(& ')& Cr(*(* Re*+%)*e 9in
cooperation with the Bigh Jepresentative:

!orn in 121, she graduated in 8ociology and has been an E00 7E0 from 200% to 2001. 8he has been #oreign
7inister since 2001. 7s Celeva is a 7ember of the UEJ! 5 /iti3ens for European *evelopment of !ulgaria 9E00:.

A')u*4 Le6')&%6*8( =P%/')&?3 "u&0et ')& !()')c('/ Pr%0r'$$()0

!orn in 15, he studied economics and has been an 7E0 for the /ivic platform party 9allied to the E00: since
200?.

Cec(/(' M'/$*trK$ =S6e&e)?3 %$e A--'(r*

!orn in 12N, 7s 7almstrXm graduated in 0olitical 8cience and was an 7E0 for the (iberal .(*E Uroup in the
European 0arliament from 111 to 2002. .t present she is the 7inister for European .ffairs.

<I)ther Oett()0er =<er$'),?3 E)er0,

UYnther Oettinger was born in 15) and studied economics and law. Be has been 7inister50resident of the
Uerman federal region of !aden5,Yrttemberg since 2005 and a 7ember of the /hristian5*emocratic "nion 5
/*" 5 who are allied to the E00

A)&r(* P(e.'/0* =L't1('?3 De1e/%+$e)t 9in cooperation with the Bigh representative:

!orn in 15%, 7r 0iebalgs studied physics and later went into politics.,7inster of Education from 110511) and
for #inance from 11?5112. Be became the European /ommissioner for Energy in 200? and is a former 7ember
of the (atvian ,ay 9.(*E:, now a member of the E00

A')e4 P%t%E)(8 =S/%1e)('?3 E)1(r%)$e)t

!orn in 15N, he graduated in Economics and later became 7inister for European .ffairs from 20025200?. Be
was appointed European /ommissioner for 8cience and Jesearch in 200?. Be has no party affiliation.

O//( Reh) =!())(*h?3 Ec%)%$(c ')& M%)et'r, A--'(r*

#ormer Enlargement /ommissioner, Olli Jehn was born in 122 and later studied International Jelations. Be was
an 7E0 in 1155112 for the (iberal Uroup and is a 7ember of the /entre 0arty of #inland 9.(*E:.

A/0(r&'* De$et' =L(thu')('?3 T'9't(%) ')& Cu*t%$* U)(%), Au&(t ')& A)t(-!r'u&

!orn in 122, he studied economics and mathematics. Be was appointed European /ommissioner responsible for
#inancial 0rogramming and !udget in Culy this year. 0rior to that he was 7inister of #inance. 7r Qemeta is a
7ember of the Bomeland "nion 5 /hristian *emocrats 9E00:.

A)&r%u//' @'**(/(%u =C,+r(%t?3 E&uc't(%), Cu/ture, Mu/t(/()0u'/(*$ ')& Y%uth

!orn in 1?), she studied (aw and International .ffairs. .ppointed European /ommissioner for Bealth in 200N
she was Iice50resident of the European (iberal *emocrat and Jeform 0arty from 200 to 2002 9.(*E:
EU INSTITUTIONS 2
ND
YEAR TRANSLATION STUDIES
AUTUMN TERM, 2013-2014
ROXANA-CRISTINA PETCU, PhD
Lecture I@ TE INSTITUTIONS
#or the moment, the E" is a curious mi$ture of two things.
. #irstly, it remains a system to facilitate cooperation between 78, each of which has control over its own
foreign policy, criminal law and, with certain limited but important e$ceptions, ta$ation.
2. secondly, in some areas, it has evolved true supranational institutions which have powers 6uite
independently of the 78, including, in some cases, the right to instruct and discipline those 78.
/ommon policies, which are the essence of the multinational integration process, are the fruit of intensive
negotiations among the 78 which participate in the process. In order to be acceptable to all 78, the conception of
a common policy must try to satisfy or, at least, not harm the national interests of the 78 and, therefore, the
governments of all 78 must participate in the decision ;ma'ing process. Bowever, their participation may be
direct or indirect. *ecisions on fundamental common policies, re6uiring new transfers of national sovereignty, are
ta'en by the participating governments and are outlined in treaties, signed by those governments and ratified after
authori3ation by the national parliaments. *ecisions on secondary common policies, that is those policies
necessary to attain the goals set in the treaty, including policy guidelines and legal acts based on the treaties, are
ta'en by the c%$$%) ()*t(tut(%)* set up by the treaties, according to procedures and following the legal forms
agreed in the treaties. In a process of multinational integration, the governments of the 78 direct the play from
the bac'stage, but leave the stage t% the 'ct%r*, )'$e/, the(r re+re*e)t't(1e*, '++%()te& ., the$
')&;%r ., the(r c(t(4e)*7 The principal actors of European integration are called ()*t(tut(%)* by the European
Treaties. #or analytical purposes, let us consider as principal actors of European integration, the five organs which
intervene principally in the decision5ma'ing process and therefore in the governance of the /ommunity:
the European /ouncil ; sets the goals of the common policies
the European /ommission ; ma'es the proposal for the decisions to be ta'en and is mainly
responsible for the implementation of the common policies
the European 0arliament
the /ouncil of 7inisters 5 ta'e the decisions together with the 0E
the /ourt of Custice ; controls the legality of the decisions
17 TE EUROPEAN COUNCIL
made up of the Beads of state or of governments of the E" and the 0resident of the European /ommission
the /ouncil meetings are attended by each 78-s head of state, plus the prime minister and the minister of
foreign affairs, the 0resident of the /ommission and one of his vice5presidents
in case the European /ouncil deals with 6uestions lin'ed to economic and monetary union, finance
ministers are invited. They either replace the foreign ministers or sit alongside with them.
The proceedings of the European /ouncil are related to the outside world by a system of )%te-t'8er*. .n
official from the /ouncil 8ecretariat sits in the room and ta'es notes. Every 6uarter of an hour he is
replaces and goes out to brief orally the group of persona assistants of the permanent representatives
9called ANTICI: who sit in an area of the building called the red 3one, where the national delegations are
not allowed access. Then, the .ntici transmit their notes to their own national delegations, located in
another area of the building called the blue 3one.
8o information is disseminated indirectly, so that the national delegations should 'now something of what
is going on, but considerable delay and without the possibility to directly attribute specific words to any of
the participants in the /ouncil.
European /ouncil generally last for 2 days, which unfold as follows: *.S 5 . family photo& 2. address by
the 0resident of the E0 9custom dating bac' to the 1N0s, highly appreciated by the E0, without any impact
on the proceedings:& ). the full /ouncil meets 9lunch included: to debate upon the various items on the
agenda & ?. in the evening the heads of governments and the foreign ministers usually separate for dinner&
5. in the course of the evening, a group of officials from the presidency , the /ouncil 8ecretariat and the
/ommission wor' on draft conclusions, starting from a te$t prepared well in advance by the /ouncil
8ecretariat. The te$t is amended and completed in view of the first day-s discussions. The final draft must
be available in all official languages at dawn. *.S 2 ; . each head of government received the draft
conclusions and loo's at them over brea'fast, while discussing the specific points with the assistant& 2. the
/ouncil convenes again and spends the morning and, if necessary, part of the afternoon, to finali3e then
conclusions.& ). the press conference
it began on an informal basis, as Dsummit meetingsE in the120s, but now it is fully institutionali3ed
according to article ? of the Treaty of <ice, which provides that the European /ouncil meets at least twice a
year, under the chairmanship of the Bead of 8tate or Uovernment of the 78 holding the 0residency of the
/ouncil
the 8eville /ouncil 92522 Cune 2002: departed from the letter of the Treaty and decided to meet in
principle ? times a year and that, in e$ceptional circumstances, it may hold an e$traordinary meeting.
/ouncil meetings have generally ta'en place in the 0residency country, but since 7ay 200?, they have all
been held in !russels. The decision is clearly motivated by reasons of practicality and security, not to
mention the amount of money the host country should have spend for the organi3ation of such a meeting.
The European /ouncil defines the political guidelines of the /ommunity and resolves the most important
problems of the European construction
It is a forum for free and informal e$changes of views between the responsible leaders of the 78
It should be noted that the heads of state or governments &% )%t '&%+t /e0'/ 'ct* -%r$'//, .()&()0
the 78
The /ouncil issues declarations containing guidelines and general directives for future /ommunity action.
These declarations have political values, but no legal binding force
The European /ouncil is a /%cu* %- +%6er which has a number of characteristics:
- authority ; the European /ouncil brings together political personalities who, in their national
capacity, are ultimate decision5ta'ers. /ollectively, they consider themselves, in the European
conte$t, as having a similar tas'. Essentially, they come together to ta'e decisions and they e$pect
these decisions to be respected. That is why the /ouncil conclusions are very specific in nature.
8trictly spea'ing, the council conclusions are not legally binding, but they are a sort of *%-t /'6
which the European /ommission and the E0 have to ta'e into account and respect
- informality ; the European /ouncil has always attached the highest importance to the
informality of its meetings. It wor's on the basis of restricted sessions where the heads of
government and the foreign ministers sit alone, face to face, addressing each other by their first
names, the principle at wor' being the principle of privacy and direct contact, 6uite fre6uently
confrontational.
- Unequal relationships ; in the abstract, all heads of governments are e6ual, +ust as their states
have e6ual status in international law. !ut the European /ouncil is a locus of power, the fact that
some participants have in fact more power as they represent a bigger country is immediately
apparent and implicitly understood by all. 8maller countries are diffident about the increasing
power of the European /ouncil precisely because they 'now they are less well protected at that level
than in the institutions governed by legal rules and strict procedures. The same is true foe the
/ommission. ,hen operating in the /ouncil of 7inisters, the rights and prerogatives of the
/ommission are well defined and protected by the Treaty, but at European /ouncil level this is not
the case.
- Seniority5 the balance of power in the European /ouncil in influenced by seniority, because the
number of participants is small and personal relations important. Beads of governments of smaller
78 can e$pect to e$ert more influence after several years of being present, and especially after
having led a successful presidency. 9eg. Cean /laude Cunc'er, 0rime 7inister of (u$embourg since
115 and also 7inister of #inance, who e$ercises considerable influence, than's to his personal
6ualities and also because of his seniority:.
- Ambivalence5 viewing the European /ouncil as a locus of power helps e$plain its ambivalence in
institutional terms. "nli'e the other European institutions, its powers, procedures and decision5
ma'ing process are not determined by the Treaty. It deals with whatever problem it wants to deal
with, in the manner it +udges the most appropriate. Its role is not clearly defined anywhere, yet its
role is fundamental to the life of the "E. It can live with that ambivalence, as it is bent on the de
facto e$ercise of power not on legally5binding decision5ma'ing power.
The European /ouncil has 5 main functions:
General political guidance and impetus ; the tas' implies the right to launch new
activity fields 9in Jome, in *ecember 1%5, the European /ouncil decided to initiate
cooperation in the fight against terrorism and organi3ed crime:. !asically, the European
/ouncil fi$es the agenda of the E" and is the place where strategic orientation are given.
One e$ample of political guidance, in the momentous decision ta'en at /openhagen in
*ecember 11) on enlargement, when accession was offered to central and eastern
European countries, without any public debate 9or very little:
Decision-making of last resort ; although initially, the European /ouncil was not
supposed to e an ultimate decision5ta'er, now it has become a 'ind of court of appeal for
settling problems too comple$ or too politically sensitive to be resolved at the level of the
/ouncil of 7inisters. Thus, European /ouncil meetings have lately come to be thematic
affairs 9eg. employment in (u$embourg, +ustice and home affairs in Tampere, economic and
social policy in (isbon and 8toc'holm, etc:
Visibility in external affairs ; when acting in its e$ternal capacity, the European
/ouncil operates li'e a Dcollective head of stateE. Over the years, the /ouncil has approved a
number of statements covering events in all parts of the world and developments in the field
of diplomacy. 78 have used the European /ouncil to e$press common positions on
international affairs.
Solemn ratification of significant documents ;Each European /ouncil regularly
endorses a series of documents, reports, action plans or contributions. These documents are
submitted to the European /ouncil because they have been re6uested by a previous
European /ouncil, or because they apply a previous decision of the European /ouncil or
because the authors 9the European /ommission, the /ouncil of 7inisters, the 0residency:
consider that the respective te$ts need to be approved at that level
egotiation of treaty change*- the European /ouncil is the 'ey forum for determining
treaty reform.
27 TE COUNCIL O! MINISTERS =TE COUNCIL O! TE EUROPEAN UNION?
The /ouncil of 7inisters ta'es decision in particular policy areas. The /ouncil of 7inisters operates in several
formations, organi3ed by area of activity. Each formation brings together the relevant minister or ministers for
each member state, authori3ed to commit the government of the respective 78, in other words, if ministers agree
to something in /ouncil, it is understood that they have the support of their governments and that the legislative
act thus adopted will be implemented in their 78. There are 2 such configurations ; the .griculture /ouncil, the
Ecofin, the CB. /ouncil, the 8ocial .ffairs /ouncil, the Environment /ouncil, the Transport and
Telecommunications /ouncil, the #isheries /ouncil, the Industry and Energy /ouncil, the Internal 7ar'et,
/onsumer .ffairs and Tourism /ouncil, the Jesearch /ouncil, the !udget /ouncil, the /ulture /ouncil, the
*evelopment /ouncil, the Education and South /ouncil, the Bealth /ouncil, the Ueneral .ffairs and E$ternal
Jelations /ouncil.
The Ueneral .ffairs and E$ternal Jelations /ouncil 9 made up of the foreign ministers: is the principal /ouncil
configuration and holds separate meetings, dealing respectively with: a: preparation for and follow5up to the
European /ouncil, institutional and administrative matters, hori3ontal dossiers which affect several of the E" -s
policies and b: the whole of the "nion-s e$ternal action, namely common foreign and security policy, foreign
trade, development cooperation and humanitarian aid.
8ome /ouncils 9the Ueneral .ffairs and E$ternal Jelations, Ecofin, .griculture, Environment: meet once a month,
the others meet two to four times a years, depending on then topics to be discussed, while yet others are convened
only once every 2 months. <ormally, /ouncil meetings ta'e place in !russels, but, as a result of an agreement with
the (u$embourg government, /ouncil meetings convened in .pril, Cune and October are held in (u$embourg.
Each 78 hold the 0residency for si$ months in a system of rotation based on an attempt to avoid two ma+or
countries of too many small countries holding it in succession. <owadays, a new mechanism operates ; the trio,
made up of the outgoing presidency, the incumbent presidency and the incoming presidency. The troi'a became
effective after 7ay 200?, whenN former communist states +oined the E". The idea was to have such countries
helped by older member states. #or instance, the first former communist country to hold the 0residency was
8lovenia 9the former half of 200N:, which was preceded by Uermany and followed by #rance.
,hen chairing the /ouncil meeting, each holder of the 0residency chair has formal responsibility to see' common
ground between 78 whose opinions differ, suggesting compromise solutions,
.t the beginning of the si$5month term, each holder of the 0residency publishes a program of legislative priorities,
which generally includes some measure which has been held up for years because no agreement has been found
which can unbloc' it. The selection of the priorities of each presidency is based on a three5year strategic program
adopted by the European /ouncil, it is not a random choice.
In addition, the 0residency organi3es a series of conferences, seminars and other events to which 7E0s,
/ommissioners, national parlamentarians and others are invited to discuss the burning issues of the day.
Each country also ta'es this opportunity to promote its culture, often by financing visits to !russels by artists,
writers, theater groups, aso.
The /ouncil is assisted by a General Secretariat, consisting of nationals representing all the 78, separate from
their counterparts in the /ommission, but organi3ed in a similar way. The 8ecretariat general is headed by a
8ecretary Ueneral, who is appointed by the /ouncil acting unanimously. It is generally a diplomat or an
e$perienced politician. The current incumbent is Cavier 8olana. The Treaty of .msterdan modified the structure of
the 8ecretariat and added the role of Bigh Jepresentative for the /ommon #oreign and 8ecurity 0olicy to that of
the 8ecretary Ueneral 9Cavier 8olana: and created the position of *eputy 8ecretary Ueneral who is responsible for
the day5to5day running of the 8ecretariat. The *eputy is also appointed by the /ouncil acting unanimously. The
main body of the 8ecretariat is divided into 1 *irectorates5Ueneral, the largest of which is responsible for
administration. The other N are organi3ed on a functional basis, according to the /ouncils they serve, and the
whole structure is served by a hori3ontal !egal Service.
The /ouncil is also assisted by wor'ing parties of national civil servants which e$amine the proposal of the
/ommission and report to the "ermanent #epresentatives $ommittee %$&#'"'#(, which is responsible
for preparing the wor' of the /ouncil and for carrying out the tas's assigned to it by the /ouncil. The /OJE0EJ
sits in 2 parts. /oreper 0art , made up of deputy permanent representatives, e$amines technical 6uestions on the
whole. /oreper 0art 2, composed of the .mbassadors themselves, deals with political 6uestions on the whole. The
/ommission participates in all the meetings of the wor'ing parties of national e$perts, of /oreper and of the
/ouncil formations to e$plain its positions and to assist the presidency in reaching agreement on its proposals.
.fter e$amining an issue /oreper either submits a report to the /ouncil, preparing the ground for its discussion by
drawing attention to the political aspects which deserve particular attention, or, if unanimous agreement has been
reached between the 0ermanent Jepresentatives and the /ommission representative, /oreper recommends that
the /ouncil adopt the prepared te$t as ') A (te$, that is without discussion.
The /ouncil 9together with the E0 in some specific areas: is the main decision5ma'ing body of the E". 7inisters
vote in the /ouncil on the basis of simple ma+ority, 6ualified ma+ority or unanimity, depending the rules governing
the respective issue. *ecisions in some policy areas 9ta$ation: and for most 6uestions concerned with the second
and third pillars re6uire unanimity, although things will change once the Treaty of (isbon enters into force. "nder
the 6ualified ma+ority voting 9M7I: procedure, each 78 is allocated a number of votes in appro$imate relation to
its si3e.
The presidency, on behalf of the /ouncil, is accountable to the E0. !efore ta'ing office, the prime minister of the
foreign minister of the respective 78 presents its presidency program to the E0, then representatives of the
0residency 9generally the ministers concerned by the legislative acts to be discussed and adopted by the E0: ta'e
part in the E0 plenary sessions and answer 6uestions addressed by the 7E0s. .t the end of the 25month period,
the 0residency sums ups its achievements to the E0.
37 TE EUROPEAN COMMISSION
The European /ommission is made up of unelected members. 8ince its inception in 12%, the /ommission has
grown in si3e with each enlargement. 8ince the Treaty of <ice, there were 2 members for the 5 big 78 9Uermany,
Italy, 8pain, the "A, #rance: and for the small 78. .fter the 7ay 200? enlargement, the number of members
was reduced to per 78.
Thus, actually, the /ommission is composed of 2% /ommissioners, who are proposed by the government of each
78 and are appointed, for a period of 5 years, by the /ouncil, acting by a 6ualified ma+ority and by common
accord with the nominee for 0resident.
The Beads of 8tate or Uovernment, acting by a 6ualified ma+ority, nominate the 0resident of the /ommission and
the nomination must be approved by the E0. The 0resident and the /ommissioners are sub+ect as a body to a vote
of approval by the E0. The 0arliament e$amines every /ommissioner as to hisGher ideas and program and may
put forward ob+ections as to hisGher suitability for isGher responsibilities inside the /ommission, but may not
re+ect the appointment. Bence, in case of ob+ections put forth by the E0 for certain members of the /ommission,
the 0resident has the option of assigning other responsibilities to the member in 6uestion or simply as' the
proposing 78 to ma'e a new proposal so as not to run the ris' of re+ection of the body by the E0.
The current composition of the /ommission 9 /ommissioner per 78: will continue till 20?, when the
/ommission will have a number of members corresponding to two thirds of the number of 78.
/urrently, each /ommissioner is given responsibility for a particular policy area, and it is here that wea'er 78 are
li'ely to lose out, seeing their nominees shunted off to policy areas that do not touch the real centers of power or
the most vital interests.
The /ommissioners, despite being nominated by the 78, do not represent the interests of the 78, but the
interests of the /ommunity as a whole. They must not ta'e any form of instructions from the 78, are supposed to
ma'e sure the Treaties are respected, standing above the national interests which legitimately play themselves in
the /ouncil.
The 0resident of the /ommission 9since the Treaty of <ice: can ta'e decisions on the /ommission-s internal
organi3ation in order to ensure that it acts consistently, efficiently and on the basis of collective responsibility. The
0resident can also choose his Iice5president 9although the choice has to be approved by the rest of the
/ommissioners also called the /O((EUE of /ommissioners: and he can also sac' 9as' to resign: the
/ommissioners.
TBE #"</TIO<8 O# TBE /O77I88IO<
17 the +%6er %- ()(t('t(1e it proposes new laws and other measures. <either the /ouncil nor the E0 has
the formal power to propose legislative or other /ommunity measures, including *irectives, Jegulations,
Jecommendations and the annual budget. The measure or action that it proposes. *ecisions on these
proposals are ta'en by /ouncil and the E0 with the codecision procedure or, in some cases, by the /ouncil
alone, namely by the 78. In other words, the /ommission does not legislate.
27 e9ecut(1e .%&, ='&$()(*tr't(1e r%/e? ; the /ommission has e$tensive e$ecutive powers to ensure the
attainment of the ob+ectives set out. The /ommission implements the decisions ta'en by the legislative
bodies 9/ouncil and E0:, manages the /ommunity budget as well as the /ommunity #unds and the
research and technological development programs
37 0u'r&(') %- the Tre't(e* ')& %- the 'c2u(* c%$$u)'ut'(re5 the /ommission is charged with
ensuring that the Treaties are correctly implemented and respected by the 78. #or this purpose it has
investigative power, which it e$ercises at its own initiative or in response to a re6uest from a government
or a complaint from an individual. If, following the investigation, the /ommission considers there is
()-r()0e$e)t %- the C%$$u)(t, /e0(*/'t(%) it invites the 8tate concerned to submit its comments
within a given period of time. If the 8tate in 6uestion does not comply or if the e$planations provided do
not convince the /ommission, the latter issues a reasoned opinion to which the 78 is obliged to conform
within the prescribed time5limit. If the 78 fails to conform, the /ommission refers the matter to the
European /ourt of Custice, which arbitrates the dispute an sanctions the irregularity as noted by the
/ommission and re6uires the 78 to conform to the /ommunity legal order.
47 re+re*e)t't(1e r%/e ; the /ommission deals with aspects of foreign relations, especially those having to
do with trade. The /ommission negotiates agreements, it ensures representatives of the E" in third
countries and in many international organi3ations.
TBE /O77I88IO< 8EJII/E8
The /ommission has two arms ; 9: a political arms Z the /ollege of /ommissioners and 92: an administrative
arm in the form of the /ommission services.
The services are organi3ed as *irectorates5Ueneral the number of which has been constantly increasing as the
/ommission has been assigned or ac6uired increased responsibilities and tas's, relating to various policy areas.
Jecruitment to the /ommission services has always been based on open competitions reflecting the principle of
merit.
D(rect%r'te*- <e)er'/ 9*Us: are generally concerned with policy sectors 9for instance, trade or environment:
while %ther *er1(ce* are concerned with cross5cutting, hori3ontal tas's.
*irectorates5Ueneral
5 agriculture, budget, competition, development, economic and financial affairs, education and culture,
employment and social affairs, energy and transport, enlargement, enterprise, environment, e$ternal relations,
financial control, fisheries, health and consumer protection, information society, internal mar'et, interpretation,
+ustice and home affairs, personnel and administration, regional policy, research, ta$ation and customs union,
trade, translation.
Other 8ervices
5 European .nti5#raud Office& Eurostat& European .id /ooperation Office& Bumanitarian .id Office& Coint
Jesearch /enter& (egal 8ervice& 0ress and /ommunication& 0ublications Office& 8ecretariat Ueneral.
8ervices vary considerably in si3e, depending on the nature of their responsibilities. 7ost have between 200 and
500 full5time staff.
8ervices are headed by *irectors Ueneral who are supported by senior staff, with the number depending on the
si3e, importance and mission of the service. The main function of the *irector Ueneral is to oversee the general
functioning of his service, to be the principal representative in relation to other services and the outside world and
to be the main line of communication between the service and the /ommissioner responsible for the service.
. *U as well as the other services are divided into Directorates) headed by *irectors. .n average si3ed *U has
between ) to 2 *irectorates, while a typical *irectorate is divided into units or divisions headed by a head of unit
or division. . *irectorate may have between ) to 2 units.
The /ommission employs a wide variety of personnel categories, such as permanent staff, temporary agents,
contract agents, seconded national e$perts, etc.
47 TE EUROPEAN PARLIAMENT
The European 0arliament 9E0: is elected by the citi3ens of the European "nion to represent their interests. Its
origins go bac' to the 150s and the founding treaties, and since 1%1 its members have been directly elected by
the people they represent.
Elections are held every five years, and every E" citi3en is entitled to vote, and to stand as a candidate, wherever
they live in the E". The latest elections were in Cune 2001. 0arliament thus e$presses the democratic will of the
"nion4s citi3ens 9more than ?10 million people:, and represents their interests in discussions with the other E"
institutions. The present parliament has %)2 members from all 2% E" countries.
7embers of the European 0arliament 97E0s: do not sit in national bloc's, but in seven Europe5wide political
groups. !etween them, they represent all views on European integration, from the strongly pro5federalist to the
openly Eurosceptic.
Cer3y !u3e' was elected 0resident of the E0 on the ?th of Culy 2001 and will hold that post for two and a half
years 9until Canuary 202:.
.Uroup of the European 0eople4s 0arty 9/hristian *emocrats: E00
2. Uroup of the 0rogressive .lliance of 8ocialists and *emocrats in the European 0arliament 8P*
). Uroup of the .lliance of (iberals and *emocrats for Europe .(*E
?. Uroup of the UreensGEuropean #ree .lliance UreensGE#.
5. European /onservatives and Jeformists Uroup E/J
2. /onfederal Uroup of the European "nited (eft 5 <ordic Ureen (eft U"EG <U(
%. Europe of #reedom and *emocracy Uroup E#*
N. <on5attached <.
The European 0arliament has three places of wor': !russels 9!elgium:, (u$embourg and 8trasbourg 9#rance:.
(u$embourg is home to the administrative offices 9the HUeneral 8ecretariat-:. 7eetings of the whole 0arliament,
'nown as Hplenary sessions-, ta'e place in 8trasbourg and sometimes in !russels. /ommittee meetings are also
held in !russels.
0arliament has three main roles:
. P'**()0 Eur%+e') /'6* ; +ointly with the /ouncil in many policy areas. The fact that the E0 is directly elected by
the citi3ens helps guarantee the democratic legitimacy of European law.
2. 0arliament e$ercises &e$%cr't(c *u+er1(*(%) over the other E" institutions, and in particular the /ommission. It
has the power to approve or re+ect the nomination of commissioners, and it has the right to censure the /ommission
as a whole.
). The +%6er %- the +ur*e. 0arliament shares with the /ouncil authority over the E" budget and can therefore
influence E" spending. .t the end of the procedure, it adopts or re+ects the budget in its entirety.
17 P'**()0 Eur%+e') /'6*
The most common procedure for adopting 9i.e. passing: E" legislation is Hcodecision-. This procedure places the European
0arliament and the /ouncil on an e6ual footing and it applies to legislation in a wide range of fields.
The /O*E/I8IO< procedure
I.JI.<T . 5 . 0roposal sent from /ommission to the E0 and the /ouncil& 2. 0arliament first reading ; no E0
amendments& ). /ouncil first reading ; the /ouncil may adopt the te$t without modifying it
I.JI.<T ! 5 . 0roposal sent from /ommission to the E0 and the /ouncil& 2. 0arliament first reading ; E0
amendments& ). /ommission opinion on E0 amendments& ?. /ouncil first reading ; /ouncil approves all
amendments and may adopt the act
I.JI.<T / 5 . 0roposal sent from /ommission to the E0 and the /ouncil& 2. 0arliament first reading ; E0
amendments& ). /ommission opinion on E0 amendments& ?. /ouncil first reading ; /ouncil does not approve all
the amendments and adopt a common position& 5. /ommission opinion on the common position& 2. 0E second
reading 9deadline )[ months:& %. 0E approves the common position or does not ta'e a decision, then the act is
&ee$e& t% h'1e .ee) '&%+te&.
I.JI.<T * 5 . 0roposal sent from /ommission to the E0 and the /ouncil& 2. 0arliament first reading ; E0
amendments& ). /ommission opinion on E0 amendments& ?. /ouncil first reading ; /ouncil does not approve all
the amendments and adopt a common position& 5. /ommission opinion on the common position& 2. 0E second
reading 9deadline )[ months:& %. 0E re+ects the common position 9absolute ma+ority of members:, then the act is
deemed )%t t% h'1e .ee) '&%+te&.
I.JI.<T E 5 . 0roposal sent from /ommission to the E0 and the /ouncil& 2. 0arliament first reading ; E0
amendments& ). /ommission opinion on E0 amendments& ?. /ouncil first reading ; /ouncil does not approve all
the amendments and adopt a common position& 5. /ommission opinion on the common position& 2. 0E adopts
amendments to the common position 9absolute ma+ority of members:& %. /ommission opinion on E0
amendments& N. /ouncil second reading 9deadline )[ months: & 1. /ouncil approves 0E amendments and the act
is approved as amended.
I.JI.<T # 5 . 0roposal sent from /ommission to the E0 and the /ouncil& 2. 0arliament first reading ; E0
amendments& ). /ommission opinion on E0 amendments& ?. /ouncil first reading ; /ouncil does not approve all
the amendments and adopt a common position& 5. /ommission opinion on the common position& 2. 0E adopts
amendments to the common position 9absolute ma+ority of members:& %. /ommission opinion on E0
amendments& N. /ouncil second reading 9deadline )[ months: & 1. /ouncil does not approve 0E amendments& 0.
/onciliation /ommittee is convened within a period of 2[2 wee's and has a further 2[2 wee's to reach
agreement& . successful conclusion to conciliation& 2. within a period of 2[2 wee's, approval of the +oint te$t by
E0 9ma+ority vote cast: and /ouncil 9M7I:
I.JI.<T U5 . 0roposal sent from /ommission to the E0 and the /ouncil& 2. 0arliament first reading ; E0
amendments& ). /ommission opinion on E0 amendments& ?. /ouncil first reading ; /ouncil does not approve all
the amendments and adopt a common position& 5. /ommission opinion on the common position& 2. 0E adopts
amendments to the common position 9absolute ma+ority of members:& %. /ommission opinion on E0
amendments& N. /ouncil second reading 9deadline )[ months: & 1. /ouncil does not approve 0E amendments& 0.
/onciliation /ommittee is convened within a period of 2[2 wee's and has a further 2[2 wee's to reach
agreement& . unsuccessful conclusion to conciliation& 2. the act is not adopeted.
In some fields 9for e$ample agriculture, economic policy, visas and immigration:, the /ouncil alone legislates, but it has to
consult 0arliament. In addition, 0arliament-s assent is re6uired for certain important decisions, such as allowing new
countries to +oin the E".
0arliament also provides impetus for new legislation by e$amining the /ommission-s annual wor' programme, considering
what new laws would be appropriate and as'ing the /ommission to put forward proposals.
27 De$%cr't(c *u+er1(*(%)
0arliament e$ercises democratic supervision over the other European institutions. It does so in several ways.
,hen a new /ommission ta'es office, its members are nominated by the E" member state governments but they cannot be
appointed without 0arliament-s approval. 0arliament interviews each of them individually, including the prospective
/ommission 0resident, and then votes on whether to approve the /ommission as a whole.
Throughout its term of office, the /ommission remains politically accountable to 0arliament, which can pass a Hmotion of
censure- calling for the /ommission-s mass resignation.
7ore generally, 0arliament e$ercises control by regularly e$amining reports sent to it by the /ommission 9the annual general
report, reports on the implementation of the budget, etc.:. 7oreover, 7E0s regularly as' the /ommission 6uestions which
the commissioners are legally re6uired to answer.
0arliament also monitors the wor' of the /ouncil: 7E0s regularly as' the /ouncil 6uestions, and the 0resident of the /ouncil
attends the E0-s plenary sessions and ta'es part in important debates.
0arliament can e$ercise further democratic control by e$amining petitions from citi3ens and setting up committees of in6uiry.
#inally, 0arliament provides input to every E" summit 9the European /ouncil meetings:. .t the opening of each summit, the
0resident of 0arliament is invited to e$press 0arliament4s views and concerns about topical issues and the items on the
European /ouncil4s agenda.
37 The +%6er %- the +ur*e
The E"-s annual budget is decided +ointly by 0arliament and the /ouncil. 0arliament debates it in two successive readings,
and the budget does not come into force until it has been signed by the 0resident of 0arliament.
0arliament4s /ommittee on !udgetary /ontrol 9/O/O!": monitors how the budget is spent, and each year 0arliament
decides whether to approve the /ommission-s handling of the budget for the previous financial year. This approval process is
technically 'nown as Hgranting a discharge-.
0arliament4s wor' is divided into two main stages:
Pre+'r()0 -%r the +/e)'r, *e**(%). This is done by the 7E0s in the various parliamentary committees
that specialise in particular areas of E" activity. The issues for debate are also discussed by the political
groups.
The +/e)'r, *e**(%) (t*e/-. 0lenary sessions are normally held in 8trasbourg 9one wee' per month: and
sometimes in !russels 9two days only:. .t these sessions, 0arliament e$amines proposed legislation and
votes on amendments before coming to a decision on the te$t as a whole.
Other items on the agenda may include /ouncil or /ommission Hcommunications- or 6uestions about what is going
on in the European "nion or the wider world.
47 TE EUROPEAN COURT O! AUSTICE
The /ourt of Custice of the European /ommunities 9often referred to simply as Hthe /ourt-: was set up under the
E/8/ Treaty in 152. It is based in (u$embourg.
Its +ob is to ma'e sure that E" legislation is interpreted and applied in the same way in all E" countries, so that
the law is e6ual for everyone. It ensures, for e$ample, that national courts do not give different rulings on the same
issue.
The /ourt also ma'es sure that E" member states and institutions do what the law re6uires. The /ourt has the
power to settle legal disputes between E" member states, E" institutions, businesses and individuals.
The /ourt is composed of one +udge per member state, so that all 2% of the E"-s national legal systems are
represented. #or the sa'e of efficiency, however, the /ourt rarely sits as the full court. It usually sits as a HUrand
/hamber- of +ust ) +udges or in chambers of five or three +udges.
The /ourt is assisted by eight Hadvocates5general-. Their role is to present reasoned opinions on the cases brought
before the /ourt. They must do so publicly and impartially.
The +udges and advocates5general are people whose impartiality is beyond doubt. They have the 6ualifications or
competence needed for appointment to the highest +udicial positions in their home countries. They are appointed
to the /ourt of Custice by +oint agreement between the governments of the E" member states. Each is appointed
for a term of si$ years, which may be renewed.
To help the /ourt of Custice cope with the large number of cases brought before it, and to offer citi3ens better legal
protection, a H/ourt of #irst Instance- was created in 1NN. This /ourt 9which is attached to the /ourt of Custice: is
responsible for giving rulings on certain 'inds of case, particularly actions brought by private individuals,
companies and some organisations, and cases relating to competition law. This court also has one +udge from each
E" country.
The European "nion /ivil 8ervice Tribunal ad+udicates in disputes between the European "nion and its civil
service. This tribunal is composed of seven +udges and is attached to the /ourt of #irst Instance.
The /ourt of Custice, the /ourt of #irst Instance and the /ivil 8ervice Tribunal each have a president chosen by
their fellow +udges to serve for a renewable term of three years.
The /ourt gives rulings on cases brought before it. The five most common types of case are:
. references for a preliminary ruling&
2. actions for failure to fulfill an obligation&
). actions for annulment&
?. actions for failure to act&
5. actions for damages.
17 The +re/($()'r, ru/()0 +r%ce&ure
The national courts in each E" country are responsible for ensuring that E" law is properly applied in that
country. !ut there is a ris' that courts in different countries might interpret E" law in different ways.
To prevent this happening, there is a Hpreliminary ruling procedure-. This means that if a national court is in any
doubt about the interpretation or validity of an E" law it may, and sometimes must, as' the /ourt of Custice for
advice. This advice is given in the form of a Hpreliminary ruling-.
27 Pr%cee&()0* -%r -'(/ure t% -u/-(// ') %./(0't(%)
The /ommission can start these proceedings if it has reason to believe that a member state is failing to fulfill its
obligations under E" law. These proceedings may also be started by another E" country.
In either case, the /ourt investigates the allegations and gives its +udgment. The accused member state, if it is
indeed found to be at fault, must set things right at once. If the /ourt finds that the member state has not
complied with its +udgment, it may impose a fine on that country.
37 Act(%)* -%r '))u/$e)t
If any of the member states, the /ouncil, the /ommission or 9under certain conditions: 0arliament believes that a
particular E" law is illegal they may as' the /ourt to annul it.
These Hactions for annulment- can also be used by private individuals who want the /ourt to cancel a particular law
because it directly and adversely affects them as individuals.
If the /ourt finds that the law in 6uestion was not correctly adopted or is not correctly based on the Treaties, it
may declare the law null and void.
47 Act(%)* -%r -'(/ure t% 'ct
The Treaty re6uires the European 0arliament, the /ouncil and the /ommission to ma'e certain decisions under
certain circumstances. If they fail to do so, the member states, the other /ommunity institutions and 9under
certain conditions: individuals or companies can lodge a complaint with the /ourt so as to have this failure to act
officially recorded.
L7 Act(%)* -%r &'$'0e*
.ny person or company who has suffered damage as a result of the action or inaction of the /ommunity or its staff
may bring an action see'ing compensation before the /ourt of #irst Instance.
/ases are submitted to the registry and a specific +udge and advocate5general are assigned to each case.
The procedure that follows is in two stages: first a written and then an oral phase.
.t the first stage, all the parties involved submit written statements and the +udge assigned to the case draws up a
report summarising these statements and the legal bac'ground to the case.
Then comes the second stage ; the public hearing. *epending on the importance and comple$ity of the case, this
hearing can ta'e place before a chamber of three, five or ) +udges, or before the full /ourt. .t the hearing, the
parties- lawyers put their case before the +udges and the advocate5general, who can 6uestion them. The advocate5
general then gives his or her opinion, after which the +udges deliberate and deliver their +udgment.
8ince 200), advocates general are re6uired to give an opinion on a case only if the /ourt considers that this
particular case raises a new point of law. <or does the /ourt necessarily follow the advocate5general-s opinion.
Cudgments of the /ourt are decided by a ma+ority and pronounced at a public hearing. *issenting opinions are not
e$pressed. *ecisions are published on the day of delivery.
The procedure in the /ourt of #irst Instance is similar, e$cept that there is no opinion from an advocate5general.
OTER INSTITUTIONS AND AD@ISORY "ODIES
The E"-s institutional structure also comprises a number of lesser5'nown bodies, out of which only the European
Economic and 8ocial /ommittee was provided for in the original Treaties. The newly created institutions and
bodies are the result of the evolution of European integration.
*+ ,he 'uropean $entral -ank 5 created by the Treaty of 7aastricht. The E/! is made up of three separate,
but closely lin'ed decision5ma'ing bodies.
The first and the most important is the Executive Body, which consists of the E/! 0resident, its Iice5
0resident and ? !oard 7embers. The E$ecutive !ody is responsible for the day5to5day management of the
monetary policy, implementing decision made by the second body, namely the Uoverning /ouncil and
issuing specific instruction to the national ban's. The 2 members of the E$ecutive !oard are appointed by
common accord of the governments of the 78 at the level of heads of state or governments, on a
recommendation by the /ouncil or after consultation with the /ouncil and the 0arliament. The 0resident is
elected for a term of N years, the Iice50resident for a term of ? years and the remaining members for terms
between 5 and N years. The terms of office for the E$ecutive !oard members are not renewable.
The Governing Council is composed of the Uovernors of the central ban's of the 78 belonging to the
euro3one and the members of the E$ecutive !oard. The Uoverning /ouncil is responsible for formulating
the monetary policy and adopting guidelines fot its implementation. <either the E/! nor a national central
ban' nor any member of their decision5ma'ing bodies may see' or ta'e instructions from /ommunity
bodies, from any government of the 78 or any other body. The E/! has the e$clusive right to authori3e the
issue of ban'notes within the /ommunity-s euro3one.
The General Council ; comprises the president, the vice5president and governors of all the E" national
central ban's, including those not participating in the euro3one. 0ractically spea'ing, it has a very limited
practical role and the members nor participating in the euro are effectively shut out of policy5ma'ing.
.+ ,he 'uropean $ourt of Auditors5
The /ourt of .uditors was set up in 1%5. It is based in (u$embourg. The /ourt-s +ob is to chec' that E" funds,
which come from the ta$payers, are properly collected and that they are spent legally, economically and for the
intended purpose. Its aim is to ensure that the ta$payers get ma$imum value for their money, and it has the right
to audit any person or organisation handling E" funds.
The /ourt has one member from each E" country, appointed by the /ouncil for a renewable term of si$ years. The
members elect one of their number as 0resident for a renewable term of three years. The /ourt-s main role is to chec'
that the E" budget is correctly implemented ; in other words, that E" income and e$penditure is legal and above
board and to ensure sound financial management. 8o its wor' helps guarantee that the E" system operates
efficiently and openly.
To carry out its tas's, the /ourt investigates the paperwor' of any person or organisation handling E" income or
e$penditure. It fre6uently carries out on5the5spot chec's. Its findings are written up in reports which bring any
problems to the attention of the /ommission and E" member state governments.
To do its +ob effectively, the /ourt of .uditors must remain completely independent of the other institutions but at
the same time stay in constant touch with them.
One of its 'ey functions is to help the European 0arliament and the /ouncil by presenting them every year with an
audit report on the previous financial year. 0arliament e$amines the /ourt-s report in detail before deciding
whether or not to approve the /ommission-s handling of the budget. If satisfied, the /ourt of .uditors also sends
the /ouncil and 0arliament a statement of assurance that European ta$payers4 money has been properly used.
#inally, the /ourt of .uditors gives its opinion on proposals for E" financial legislation and for E" action to fight
fraud. The /ourt of .uditors has appro$imately N00 staff, including translators and administrators as well as
auditors. The auditors are divided into Haudit groups-. They prepare draft reports on which the /ourt ta'es
decisions.
The auditors fre6uently go on tours of inspection to the other E" institutions, the member states and any country
that receives aid from the E". Indeed, although the /ourt4s wor' largely concerns money for which the
/ommission is responsible, in practice N0@ of this income and e$penditure is managed by the national
authorities.
The /ourt of .uditors has no legal powers of its own. If auditors discover fraud or irregularities they inform O(.#
; the European .nti5#raud Office.
/+ ,he 'uropean 'conomic and Social $ommittee
#ounded in 15% under the Treaty of Jome, the European Economic and 8ocial /ommittee 9EE8/: is an advisory
body representing employers, trade unions, farmers, consumers and the other interest groups that collectively
ma'e up Horganised civil society-. It presents their views and defends their interests in policy discussions with the
/ommission, the /ouncil and the European 0arliament.
8o the EE8/ is a bridge between the "nion and its citi3ens, promoting a more participatory, more inclusive and
therefore more democratic society in Europe.
The /ommittee is an integral part of the E"-s decision5ma'ing process: it must be consulted before decisions are
ta'en on economic and social policy. On its own initiative, or at the re6uest of another E" institution, it may also
give its opinion on other matters.
The EE8/ has )?? members ; the number from each E" country roughly reflecting the si3e of its population. The
members are nominated by the E" governments but they wor' in complete political independence. They are
appointed for four years, and may be re5appointed.
The /ommittee meets in 0lenary .ssembly, and its discussions are prepared by si$ subcommittees 'nown as
Hsections-, each dealing with particular policy areas. It elects its 0resident and two Iice50residents for a two5year
term
The European Economic and 8ocial /ommittee has three main roles:
to advise the /ouncil, /ommission and European 0arliament, either at their re6uest or on the /ommittee-s
own initiative&
to encourage civil society to become more involved in E" policyma'ing&
to bolster the role of civil society in non5E" countries and to help set up advisory structures.
,or'ing mostly in their countries of origin, the members of the /ommittee form three groups that represent
employers, wor'ers and various economic and social interests.
The Employers4 Uroup has members from private and public sectors of industry, small and medium5si3ed
businesses, chambers of commerce, wholesale and retail trade, ban'ing and insurance, transport and agriculture.
The ,or'ers- Uroup represents all categories of employees, from manual to e$ecutive. Its members come from
national trade union organisations.
The third group represents a wide range of interests: <UOs, farmers4 organisations, small businesses, crafts and
professions, cooperatives and non5profit associations, consumer and environmental organisations, the scientific
and academic communities and associations that represent the family, women, persons with disabilities, etc.
0+ ,he $ommittee of the #egions
8et up in 11? under the Treaty on European "nion, the /ommittee of the Jegions 9/oJ: is an advisory body
composed of representatives of Europe-s regional and local authorities. The /oJ has to be consulted before E"
decisions are ta'en on matters such as regional policy, the environment, education and transport ; all of which
concern local and regional government.
The /ommittee has )?? members. The number from each member state appro$imately reflects its population si3e.
The members of the /ommittee are elected municipal or regional politicians, often leaders of regional
governments or mayors of cities.
They are nominated by the E" governments but they wor' in complete political independence. The /ouncil of the
European "nion appoints them for four years, and they may be reappointed. They must also have a mandate from
the authorities they represent, or must be politically accountable to them.
The /ommittee of the Jegions chooses a 0resident from among its members, for a term of two years.
The role of the /ommittee of the Jegions is to put forward the local and regional points of view on E" legislation.
It does so by issuing opinions on /ommission proposals.
The /ommission and the /ouncil must consult the /ommittee of the Jegions on topics of direct relevance to local
and regional authorities, but they can also consult the /ommittee whenever they wish. #or its part, the /ommittee
can adopt opinions on its own initiative and present them to the /ommission, /ouncil and 0arliament.