European Union Law

ECONOMIC AND SOCIAL COMMITTEE:

• Represents employers, workers and other civil society interest groups
• Max 350 members
• The Council, acting by qualified majority, appoints Committee members for five years renewable, on the basis of proposals from Member States
• It must be consulted by the Council, Commission, and Parliament where the Treaties so provide, and may also be consulted where the institutions consider it appropriate

Agencies:

• Process of agencification in the EU
• Highly specialised technical areas requiring advanced expertise enabling the Commission to focus on policy-formation
• They deal with areas as diverse as air safety, medicines, border control, food safety, maritime safety, environment, chemicals, trade marks, fundamental rights, and policing
• Most have informational and coordinating functions; a few can take individualised decisions; and some have quasi-regulatory powers.
• No real regulatory agency with discretionary powers through

Rulemaking and Adjudication:

Meroni Principle: no delegation of discretionary powers (Case 9-56, Meroni vs High Authority)

The participation of agencies should therefore be 'organised in a way which is consistent and in balance with the unity and integrity of the executive function and the Commission's ensuing responsibilities

RECAP & inter institutional relations

Art. 13 TEU

1. The Union shall have an institutional framework which shall aim to promote its values [art. 2 TEU], advance its objectives[art. 3 TEU], serve its interests, those of its citizens and those of the Member States, and ensure the consistency, effectiveness and continuity of its policies and actions.

The Union's institutions shall be:

• the European Parliament,
• the European Council*,
• the Council of the European Union (Council),
• the European Commission (Commission),
• the Court of Justice of the European Union,
• the European Central Bank,
• the Court of Auditors.

1. Each institution shall act within the limits of the powers conferred on it in the Treaties, and in conformity with the procedures, conditions and objectives set out in them. The institutions shall practice mutual sincere cooperation.
2. Detailed provisions are set out in the Treaty on the Functioning of the European Union.
3. The European Parliament, the Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions acting in an advisory capacity.

Principle of institutional balance: each institution has to act in accordance with the powers conferred on it by the Treaties, in accordance with the division of powers.

Principle of sincere cooperation: the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties. Duty of cooperation also applies to EU institutions relations between Commission and Parliament, trilogues etc.

Practice: in EP plenaries and

dimension of EU Treaties:

INTERNATIONAL DIMENSION EU

Treaties are international treaties amongst the Member States. However, they do not limit themselves to create reciprocal obligations between the MSs, rather they create an entity other than the MSs, which interacts with the domestic legal orders of the MSs.

N.B. Procedure for the revision of the Treaties (Art. 48 TEU)

CONSTITUTIONAL DIMENSION

On several occasions the ECJ has defined the Treaties as the "basic constitutional charter" of the Union.

N.B. ECJ, Opinion 1/91: "the EEC Treaty, albeit concluded in the form of an international agreement, nonetheless constitutes the constitutional charter of a Community based on the rule of law".

Interpretative methodology of the ECJ when interpreting Treaty provisions.

Art.48 TEU:

1. The Treaties may be amended in accordance with an ordinary revision procedure. They may also be amended in accordance with simplified revision procedures.

Ordinary revision procedure

Government of any Member State, the European Parliament or the Commission may submit to the Council proposals for the amendment of the Treaties. These proposals may, inter alia, serve either to increase or to reduce the competences conferred on the Union in the Treaties. These proposals shall be submitted to the European Council by the Council and the national Parliaments shall be notified.

If the European Council, after consulting the European Parliament and the Commission, adopts by a simple majority a decision in favour of examining the proposed amendments, the President of the European Council shall convene a Convention composed of representatives of the national Parliaments, of the Heads of State or Government of the Member States, of the European Parliament and of the Commission. The European Central Bank shall also be consulted in the case of institutional changes in the monetary area. The Convention shall examine the proposals for amendments and shall adopt by consensus a recommendation.

To a conference of representatives of the governments of the Member States as provided for in paragraph 4.

The European Council may decide by a simple majority, after obtaining the consent of the European Parliament, not to convene a Convention should this not be justified by the extent of the proposed amendments. In the latter case, the European Council shall define the terms of reference for a conference of representatives of the governments of the Member States.

A conference of representatives of the governments of the Member States shall be convened by the President of the Council for the purpose of determining by common accord the amendments to be made to the Treaties.

The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.

If, two years after the signature of a treaty amending the Treaties, four fifths of the Member States have ratified it and one or more Member States have encountered difficulties.

In proceeding with ratification, the matter shall be referred to the European Council.

Simplified revision procedures

6. The Government of any Member State, the European Parliament or the Commission may submit to the European Council proposals for revising all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union relating to the internal policies and action of the Union.

The European Council may adopt a decision amending all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union. The European Council shall act by unanimity after consulting the European Parliament and the Commission, and the European Central Bank in the case of institutional changes in the monetary area. That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.

The decision referred to in the second subparagraph shall not increase the competences conferred on the

Union in the Treaties.

7. Where the Treaty on the Functioning of the European Union or Title V of this Treaty provides for the Council to act by unanimity in a given area or case, the European Council may adopt a decision authorising the Council to act by a qualified majority in that area or in that case. This subparagraph shall not apply to decisions with military implications or those in the area of defence.

Where the Treaty on the Functioning of the European Union provides for legislative acts to be adopted by the Council in accordance with a special legislative procedure, the European Council may adopt a decision allowing for the adoption of such acts in accordance with the ordinary legislative procedure.

Any initiative taken by the European Council on the basis of the first or the second subparagraph shall be notified to the national Parliaments. If a national Parliament makes known its opposition within six months of the date of such notification, the decision referred to in the first or the second subparagraph shall not be adopted.

The European Council has the power to adopt decisions, unless there is opposition. If there is no opposition, the decision can be adopted. The European Council must act unanimously to adopt decisions, after obtaining the consent of the European Parliament, which requires a majority of its members.

The procedure for Treaty revision is outlined in the following ways:

• Ordinary revision procedure at Article 48 (2-5) TEU
• Simplified revision procedures at Article 48(6) TEU (SRP for Part III TFEU - internal policies) and Article 48(7) "Passerelle clauses" and brake clauses.

In summary, the ordinary revision procedure requires unanimity among the European Council and the consent of the European Parliament, while there are also simplified revision procedures available.