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The European Union
The main aim of the European Union is the progressive integration of Member States' economic and political systems and the establishment of a single market based on the free movement of goods, people, money and services.
To this end, its Member States concede part of their sovereignty under treaties which empower the EU institutions to adopt laws.
These laws (regulations, directives and decisions) take precedence over national law and are binding on national authorities. The EU also issues non-binding instruments, such as recommendations and opinions, as well as rules governing how EU institutions and programmes work, etc.
The Institutions of the European Union
European Commission
The main functions of the European commission are to;
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initiate new laws - it proposes new laws that they consider would be of a benefit to the EU
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enforce the treaties - it is responsible for ensuring that EU laws are enforced
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manage the budget of the EU
There are 27 Commissioners, one from each member state, who should work independently of their own individual member states, for the good of the EU as a whole. They each have an area of responsibility e.g. transport.
Council of Ministers
The Council of Minister are in effect 'the centre of power' of the EU. It decides which of the Commission's proposals should become law. There are 27 ministers, one from each member state. The ministers change depending on which issue is being discussed e.g. for farming matters each state would send their minister for rural affairs.
European Parliament
Members of the European Parliament (MEPs) are elected every five years in their member states. The member states are allocated seats in proportion to the population of their country. Germany have 99 seats (the maximum allowed) and Malta have 5 (the minimum). The UK has 78 MEPs.
The Parliament is able to reject the Commission's proposed budget for the EU - it also has the power to dismiss the whole Commission, this right was exercised in 1999 for the first time. The European Parliament has been given more power in the law making process over the years. In the pass it was only consulted on new proposals for law now it is asked to co-operate or co-decide.
The European Court of Justice (ECJ)
The ECJ is situated in Luxembourg. The 27 judges are appointed for a period of 6 years and will have held high judicial office in their own country prior to being appointed.
The ECJ's two main functions are to;
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A judicial role - to decide cases brought against a member state or an EU institution
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A supervisory role - if a court in a member state is deciding a case in their own country which concerns a point of European Law it can refer the case to the ECJ for a decision, know as an Article 234 referral.
For more information about the institutions of the European Union visit their website Europa
The Laws of the European Union
Types of EU Law
Primary EU Legislation - Treaties
Secondary EU Legislation - Regulations, Directive & Decisions
Treaties
Treaties are the highest form of EU law. Teaties are agreements between all 27 member states which set out the main aims of the EU as a whole. They create certain rights and also some obligations.
Treaties are directly applicable which means that they automatically become law in each member state of the EU without the member states having to do anything more.
They also have direct effect which means that citizens can reply on a clear obligation made in a EU treaty in their own national courts, i.e. they would not need to go to the ECJ to enforce an obligation in the treaty. This was stated in the case of Van Gend en Loos (1963).
Treaties have vertical direct effect, which means a citizen can rely on a provision in the treaty against his or her own Government, in his or her national courts. They also have horizontal direct effect meaning a citizen can reply on a provision of the treaty against another individual, for example his or her employer.
Example of Horizontal Direct Effect in Action
Macarthys v Smith (1979) - Smith successfully challenged her employer in the courts for paying her male predecessor more for doing the same job as she was carrying out.
The key European Treaties have been the;
Secondary EU Legislation
Regulations
Regulations are the most direct form of EU law - as soon as they are passed, they are binding in every Member State, on an equal footing with national laws. National governments do not have to take any action themselves to implement EU regulations.
They are different from directives, which are addressed to national authorities (Governments), who must then take action to make them part of national law, and decisions, which apply in specific cases only, involving particular authorities or individuals.
Regulations are passed either jointly by the EU Council and European Parliament, or by the Commission alone.
Directives
EU directives lay down certain end results that must be achieved in every Member State. The Government of each member state have to adapt their laws to meet these goals, but are free to decide how to do so. Directives may concern one or more Member States, or all of them.
Each directive specifies the date by which the national laws must be adapted - giving national authorities the room for maneuver within the deadlines necessary to take account of differing national situations.
Directives are used to bring different national laws into line with each other, and are particularly common in matters affecting the operation of the single market (e.g. product safety standards).
Decisions
Decisions are EU laws relating to specific cases. They can come from the EU Council (sometimes jointly with the European Parliament) or the EU Commission.
They can require authorities and individuals in Member States either do something or stop doing something, and can also confer rights on them.
EU decisions are:
• addressed to specific parties (unlike regulations),
• fully binding on the party to which they are addressed.
Key Note on the EU law making process
The EU law making process is much simplier than the process in the UK Parliament. The Commission carries out a similar function to the Cabinet, the Council of Ministers work is similar to that of the House of Commons and the European Parliament checks EU legislation and therefore carries out a similar role to our House of Lords.
The European Commission & Enforcement of EU Law
The Commission's role is to ensure EU law is properly applied - by individuals, national authorities and other EU institutions.
The Commission can impose sanctions on individuals or companies who break European Union law.
It can take formal action against national authorities if they are suspected of breaking EU law, asking them to remedy the situation by a certain date.
This may involve taking them to the European Court of Justice (ECJ).
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