European Public Law

THE COMMISSION

It’s the executive body of the EU, and it is the first institution operating according to the interest of the EU (not people or member states). Has 27 members, one for each member state, chosen for their competences, european commitment, and completely independent from any government or national institution. They have a five years term, in the past they were directly chosen by the member states, but now there is a quite complex and long procedure, made of two stages.

In the first stage is appointed the president of the commission, nominated by the European Council and elected by the Parliament (political majority), in the second stage there is an adoption by the European Council, with common accord with the president, of a list of candidate commissioners on the basis of suggestions made by the member states, there is than a vote of consent by the Parliament and appointment by the European Council.

The president has a really strong and important role, he lays down guidelines.

within which the Commission is to work, decides on the internal organization of the Commission, and appoints Vice-presidents, other than the High Representative of the Union for Foreign Affairs and Security Policy. In fact they don't. The commissioners are responsible for their portfolio and assisted by a cabinet, represent their countries of provenience, but the EU. The Commission has its administrative infrastructure, in particular the directorates general, in which the directors and other administrative staff work. The Commission acts as a collective body, and normally takes decisions by a majority vote. For the decision-making process there are four different procedures: Oral and written procedures, are decisions made by the college as a collective body, while empowerment and delegation procedures, entitle the college to delegate its powers to one of its members or a director general. Article 17 TEU specifies the powers of the Commission, in particular three of them are the core business.

1. EUROPEAN COMMISSION

   The European Commission is responsible for promoting the general interest of the Union through legislative initiatives. It is the only body entitled to propose legislative bills for approval. The Commission also ensures the application of the treaties and the execution of secondary law. Additionally, it acts as a guardian of the Union, overseeing the application of European law and acting as the police and prosecutor of the Union. Other functions include budgetary, coordinating, and representative tasks.

2. EUROPEAN COURT OF JUSTICE

   The Court of Justice of the EU consists of the Court of Justice (ECJ) and the General Court (EGC), as well as specialized courts such as the European Union Civil Service Tribunal (now dissolved). The Court of Justice is the judicial body of the EU. Its main task is to ensure the interpretation and application of the treaties and laws are observed. It delivers opinions and decisions to resolve judicial disputes. The Court of Justice is composed of 27 judges and 11...

Advocates General, che sono entrambi nominati di comune accordo dai governi degli Stati membri dopo una consultazione di un panel. Il mandato è di sei anni, rinnovabile, e ogni 3 anni avviene una sostituzione parziale. Sono scelti tra persone la cui indipendenza è indiscutibile e che possiedono le qualifiche richieste per la nomina, nei rispettivi paesi, ai più alti uffici giudiziari, o che sono di riconosciuta competenza. Queste condizioni devono rimanere per l'intero mandato, altrimenti possono essere rimossi dalla stessa Corte. Inoltre, i trattati stabiliscono che la funzione di giudice e di avvocato generale è incompatibile con l'esercizio di attività politiche, amministrative o professionali, sia retribuite che non retribuite. I giudici eleggono un presidente e un vicepresidente tra di loro, per un mandato rinnovabile di tre anni. Il presidente dirige il lavoro della Corte e presiede le udienze e le deliberazioni della Corte plenaria o della Grande Camera. Il vicepresidente assistethe president in the exercise of his duties and takes his place when necessary. The advocates general are responsible for representing an opinion in the cases assigned to them, finally the Registrar is the Court's secretary general. The Court may sit as Full court of 27 judges, only in particular cases of special importance, Grand Chamber of 15 judges, if a member state or an institution which is a party to the proceeding so requests, and Chambers of three or five Judges. The General Court, which is a lower important court than the Court of Justice, is composed of 54 judges, two per member state, whose are appointed by a common accord of the governments of the member states after a consultation panel, and have term of office of six years, renewable, with a partial replacement every three years. They are chosen among individuals whose independence is beyond doubt, and possess the qualifications required for appointment, in their respective countries, to the high (not highest) judicial.

offices.The provisions of the Treaties relating to the Court of Justice shall apply to the General court, thejudges of the GCJ are elect among themselves a president for a renewable term of three years. Thereare no permanent advocates general but the GC can nominate one among its members in particularcases of special importance. The GC also shall appoint its Registrar.The GC may sit as a Grand Chamber of 15 judges, when justified by the legal complexity orimportance of the case, Chambers of five or three judges, ordinarily, and a single judge, inexceptional cases.The specialized courts can be created on the basis of a resolution of the Parliament and theCouncil, acting in accordance with the ordinary legislative procedure, acting through a regulationapproved by Parliament and Council. This regulation must be proposed by the Commission afterconsultation of the CJ or at request of the CJ after consultation of the Commission.Those courts are governed by the founding regulation, and the

• Members have to be appointed by the council acting unanimously, and chosen from persons whose independence is beyond doubt and who possess the ability required for appointment to judicial office.

General procedure:

The trial before the CJ can be distinguished into four phases:

1. Written procedure, in which the applicant submits questions or actions, then a notice is published in the Official Journal of the EU, stating and notifying to other possible parties of the proceedings. The parties then have one or two months in order to present their defenses to the court. In some cases, the applicant may reply to the defendant.
2. Preparatory inquiries, once the written procedure is closed, the parties may state, within three weeks, whether and why they wish a public hearing to be held. The court decides if it's necessary to make some preparatory inquiries (requesting for information or documents, testimonial test, expertise, site inspection), what type of formation the case should be assigned to, and

whether a hearing should be held for oral argument, for which the president will fix the date.

3. Public hearing and advocate general's when it has been decided that an oral hearing will be held, the case is argued at a public hearing, before the bench and the advocate general. The judges and the advocate general may ask to the parties any questions they consider appropriate. Some weeks later, the advocate general must deliver his opinion before the CJ, underlining the most important legal aspects to be considered and proposes a decision to the court.

4. Judgments, a decision of the CJ shall be valid only when an uneven number of its members is sitting in the deliberations. The judges deliberate on the basis of a draft judgment drawn up by the judge-rapporteur. Each judge of the formation concerned may propose changes, and the final text is voted by the CJ and it must be supported by the majority of the votes. The judgment is then pronounced in a public meeting, and published in

Il sito web della Corte insieme all'opinione dell'avvocato generale. Funzioni della CJ: La CJ fa riferimento a pronunce preliminari, azioni per inadempimento degli obblighi, azioni di annullamento, azioni per inadempimento, azioni di risarcimento per danni causati dalle istituzioni o dagli organi, e infine ha funzioni di appello e consulenza. BANCA CENTRALE EUROPEA La Banca Centrale Europea (BCE) è la banca centrale dei 19 paesi dell'Unione Europea che hanno adottato l'euro (zona euro). Le sue principali funzioni sono gestire l'euro, definire e attuare la politica economica e monetaria dell'UE, mantenere stabili i prezzi nell'area dell'euro, sostenere la crescita economica e la creazione di posti di lavoro. È completamente indipendente e non può ricevere istruzioni di alcun tipo da altre istituzioni. La BCE è composta da quattro organi decisionali e altri organi consultivi e specializzati, oltre al personale. I quattro organi decisionali sono il Consiglio direttivo, il Comitato esecutivo...

1. The governing council is composed by members of the executive boards and the governors of banks. It's the main decision-making body of the national central body of the ECB. Its duties are to assess economic and monetary developments, define eurozone monetary policy and fix the interest rates at which commercial banks can borrow from the ECB. The president represents the Bank at high-level EU and international meetings.
2. The executive board is composed by the ECB president and vice-president, plus four other members appointed for eight years term by the leader of the eurozone countries. All members are appointed by the European Council, acting by a qualified majority, upon recommendation of the council with the advice of the Parliament and the Governing council. Its duties are to prepare Governing council meeting, implement monetary policy for the euro area in accordance with the guidelines specified and decision taken by the governing council.

manage the day-to-day business of the ECB and exercise certain powers delegated to it by the Governing Council.

The general council is composed by the ECB president and vice-president, the governors of the central banks from all 27 EU countries. It has an advisory and coordination role, and it has to collect statistical information, prepare the ECB's annual report, establish the necessary rules for understanding the accounting and reporting of operations undertaken by the national central banks, and other coordinating functions.

The supervisory board is composed by a chair appointed for a non-renewable term of five chosen among the members of the executive board, four ECB's years, a vice-chair, representatives and representatives of national supervisors. Its duties are to discuss, plan and carry out the ECB's supervisory tasks.

COURT OF AUDITORS

The ECA is composed of one member from each EU Member State, each of whom is appointed unanimously by the Council for a renewable

serve as representatives of the citizens. They are elected through a democratic process, where eligible voters cast their votes to select their preferred candidate. The candidates who receive the highest number of votes are then appointed as members of the governing body. During their term, these elected representatives have the responsibility to make decisions and pass laws that are in the best interest of the citizens they represent. They are expected to listen to the concerns and needs of the people and work towards addressing them. The role of these representatives is crucial in ensuring that the government functions effectively and serves the interests of the people. They are accountable to the citizens and are expected to act in a transparent and responsible manner. In addition to their legislative duties, members of the governing body also have the power to propose and debate policies, oversee the implementation of government programs, and represent their constituents in various forums. Overall, the term of six years provides these representatives with a sufficient amount of time to understand the needs of the people, develop policies, and work towards achieving the goals of the government. It also allows for continuity and stability in governance, as frequent changes in leadership can disrupt the functioning of the government. In conclusion, members of the governing body are chosen through a democratic process and serve a term of six years. They have the responsibility to represent the citizens, make decisions, and pass laws that benefit the people. Their role is crucial in ensuring effective governance and addressing the needs of the citizens.