EU INSTITUTIONS 2ND YEAR TRANSLATION STUDIES AUTUMN TERM, 2010-2011 ROXANA-CRISTINA PETCU, PhD Lecture III THE INSTITUTIONS

For the moment, the EU is a curious mixture of two things. 1. Firstly, it remains a system to facilitate cooperation between MS, each of which has control over its own foreign policy, criminal law and, with certain limited but important exceptions, taxation. 2. secondly, in some areas, it has evolved true supranational institutions which have powers quite independently of the MS, including, in some cases, the right to instruct and discipline those MS. Common policies, which are the essence of the multinational integration process, are the fruit of intensive negotiations among the MS which participate in the process. In order to be acceptable to all MS, the conception of a common policy must try to satisfy or, at least, not harm the national interests of the MS and, therefore, the governments of all MS must participate in the decision making process. However, their participation may be direct or indirect. Decisions on fundamental common policies, requiring new transfers of national sovereignty, are taken by the participating governments and are outlined in treaties, signed by those governments and ratified after authorization by the national parliaments. Decisions 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 taken by the common institutions 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 MS direct the play from the backstage, but leave the stage to the actors, namely their representatives, appointed by them and/or by their citizens. The principal actors of European integration are called institutions by the European Treaties. For analytical purposes, let us consider as principal actors of European integration, the five organs which intervene principally in the decision-making process and therefore in the governance of the Community: the European Council sets the goals of the common policies the European Commission makes the proposal for the decisions to be taken and is mainly responsible for the implementation of the common policies the European Parliament the Council of Ministers - take the decisions together with the PE the Court of Justice controls the legality of the decisions 1. THE EUROPEAN COUNCIL made up of the Heads of state or of governments of the EU and the President of the European Commission the Council meetings are attended by each MSs head of state, plus the prime minister and the minister of foreign affairs, the President of the Commission and one of his vice-presidents in case the European Council deals with questions linked 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 Council are related to the outside world by a system of note-takers. An official from the Council Secretariat sits in the room and takes notes. Every quarter of an hour he is replaces and goes out to brief orally the group of persona assistants of the permanent representatives (called ANTICI) who sit in an area of the building called the red zone, where the national delegations are not allowed access. Then, the Antici transmit their notes to their own national delegations, located in another area of the building called the blue zone. So information is disseminated indirectly, so that the national delegations should know 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 Council. European Council generally last for 2 days, which unfold as follows: DAY 1- 1. family photo; 2. address by the President of the EP (custom dating back to the 1980s, highly appreciated by the EP, without any impact on the proceedings); 3. the full Council meets (lunch included) to debate upon the various items on the agenda ; 4. 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 Council Secretariat and the Commission work on draft conclusions, starting from a text prepared well in advance by the Council

Secretariat. The text is amended and completed in view of the first days discussions. The final draft must be available in all official languages at dawn. DAY 2 1. each head of government received the draft conclusions and looks at them over breakfast, while discussing the specific points with the assistant; 2. the Council convenes again and spends the morning and, if necessary, part of the afternoon, to finalize then conclusions.; 3. the press conference it began on an informal basis, as summit meetings in the1960s, but now it is fully institutionalized according to article 4 of the Treaty of Nice, which provides that the European Council meets at least twice a year, under the chairmanship of the Head of State or Government of the MS holding the Presidency of the Council the Seville Council (21-22 June 2002) departed from the letter of the Treaty and decided to meet in principle 4 times a year and that, in exceptional circumstances, it may hold an extraordinary meeting. Council meetings have generally taken place in the Presidency country, but since May 2004, they have all been held in Brussels. 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 organization of such a meeting. The European Council defines the political guidelines of the Community and resolves the most important problems of the European construction It is a forum for free and informal exchanges of views between the responsible leaders of the MS It should be noted that the heads of state or governments do not adopt legal acts formally binding the MS The Council issues declarations containing guidelines and general directives for future Community action. These declarations have political values, but no legal binding force The European Council is a locus of power which has a number of characteristics: - authority the European Council brings together political personalities who, in their national capacity, are ultimate decision-takers. Collectively, they consider themselves, in the European context, as having a similar task. Essentially, they come together to take decisions and they expect these decisions to be respected. That is why the Council conclusions are very specific in nature. Strictly speaking, the council conclusions are not legally binding, but they are a sort of soft law which the European Commission and the EP have to take into account and respect - informality the European Council has always attached the highest importance to the informality of its meetings. It works 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 work being the principle of privacy and direct contact, quite frequently confrontational. - Unequal relationships in the abstract, all heads of governments are equal, just as their states have equal status in international law. But the European Council 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. Smaller countries are diffident about the increasing power of the European Council precisely because they know 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 Commission. When operating in the Council of Ministers, the rights and prerogatives of the Commission are well defined and protected by the Treaty, but at European Council level this is not the case. - Seniority- the balance of power in the European Council in influenced by seniority, because the number of participants is small and personal relations important. Heads of governments of smaller MS can expect to exert more influence after several years of being present, and especially after having led a successful presidency. (eg. Jean Claude Juncker, Prime Minister of Luxembourg since 1995 and also Minister of Finance, who exercises considerable influence, thanks to his personal qualities and also because of his seniority). - Ambivalence- viewing the European Council as a locus of power helps explain its ambivalence in institutional terms. Unlike the other European institutions, its powers, procedures and decisionmaking process are not determined by the Treaty. It deals with whatever problem it wants to deal with, in the manner it judges the most appropriate. Its role is not clearly defined anywhere, yet its role is fundamental to the life of the UE. It can live with that ambivalence, as it is bent on the de facto exercise of power not on legally-binding decision-making power.

The European Council has 5 main functions: General political guidance and impetus the task implies the right to launch new activity fields (in Rome, in December 1975, the European Council decided to initiate cooperation in the fight against terrorism and organized crime). Basically, the European Council fixes the agenda of the EU and is the place where strategic orientation are given. One example of political guidance, in the momentous decision taken at Copenhagen in December 1993 on enlargement, when accession was offered to central and eastern European countries, without any public debate (or very little) Decision-making of last resort although initially, the European Council was not supposed to e an ultimate decision-taker, now it has become a kind of court of appeal for settling problems too complex or too politically sensitive to be resolved at the level of the Council of Ministers. Thus, European Council meetings have lately come to be thematic affairs (eg. employment in Luxembourg, justice and home affairs in Tampere, economic and social policy in Lisbon and Stockholm, etc) Visibility in external affairs when acting in its external capacity, the European Council operates like a collective head of state. Over the years, the Council has approved a number of statements covering events in all parts of the world and developments in the field of diplomacy. MS have used the European Council to express common positions on international affairs. Solemn ratification of significant documents Each European Council regularly endorses a series of documents, reports, action plans or contributions. These documents are submitted to the European Council because they have been requested by a previous European Council, or because they apply a previous decision of the European Council or because the authors (the European Commission, the Council of Ministers, the Presidency) consider that the respective texts need to be approved at that level Negotiation of treaty changes- the European Council is the key forum for determining treaty reform.

2. THE COUNCIL OF MINISTERS (THE COUNCIL OF THE EUROPEAN UNION) The Council of Ministers takes decision in particular policy areas. The Council of Ministers operates in several formations, organized by area of activity. Each formation brings together the relevant minister or ministers for each member state, authorized to commit the government of the respective MS, in other words, if ministers agree to something in Council, it is understood that they have the support of their governments and that the legislative act thus adopted will be implemented in their MS. There are 16 such configurations the Agriculture Council, the Ecofin, the JHA Council, the Social Affairs Council, the Environment Council, the Transport and Telecommunications Council, the Fisheries Council, the Industry and Energy Council, the Internal Market, Consumer Affairs and Tourism Council, the Research Council, the Budget Council, the Culture Council, the Development Council, the Education and Youth Council, the Health Council, the General Affairs and External Relations Council. The General Affairs and External Relations Council ( made up of the foreign ministers) is the principal Council configuration and holds separate meetings, dealing respectively with: a) preparation for and follow-up to the European Council, institutional and administrative matters, horizontal dossiers which affect several of the EU s policies and b) the whole of the Unions external action, namely common foreign and security policy, foreign trade, development cooperation and humanitarian aid. Some Councils (the General Affairs and External Relations, Ecofin, Agriculture, 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 6 months. Normally, Council meetings take place in Brussels, but, as a result of an agreement with the Luxembourg government, Council meetings convened in April, June and October are held in Luxembourg. Each MS hold the Presidency for six months in a system of rotation based on an attempt to avoid two major countries of too many small countries holding it in succession. Nowadays, a new mechanism operates the trio, made up of the outgoing presidency, the incumbent presidency and the incoming presidency. The troika became

effective after May 2004, when8 former communist states joined the EU. The idea was to have such countries helped by older member states. For instance, the first former communist country to hold the Presidency was Slovenia (the former half of 2008), which was preceded by Germany and followed by France. When chairing the Council meeting, each holder of the Presidency chair has formal responsibility to seek common ground between MS whose opinions differ, suggesting compromise solutions, At the beginning of the six-month term, each holder of the Presidency 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 unblock it. The selection of the priorities of each presidency is based on a three-year strategic program adopted by the European Council, it is not a random choice. In addition, the Presidency organizes a series of conferences, seminars and other events to which MEPs, Commissioners, national parlamentarians and others are invited to discuss the burning issues of the day. Each country also takes this opportunity to promote its culture, often by financing visits to Brussels by artists, writers, theater groups, aso. The Council is assisted by a General Secretariat, consisting of nationals representing all the MS, separate from their counterparts in the Commission, but organized in a similar way. The Secretariat general is headed by a Secretary General, who is appointed by the Council acting unanimously. It is generally a diplomat or an experienced politician. The current incumbent is Javier Solana. The Treaty of Amsterdan modified the structure of the Secretariat and added the role of High Representative for the Common Foreign and Security Policy to that of the Secretary General (Javier Solana) and created the position of Deputy Secretary General who is responsible for the day-to-day running of the Secretariat. The Deputy is also appointed by the Council acting unanimously. The main body of the Secretariat is divided into 9 Directorates-General, the largest of which is responsible for administration. The other 8 are organized on a functional basis, according to the Councils they serve, and the whole structure is served by a horizontal Legal Service. The Council is also assisted by working parties of national civil servants which examine the proposal of the Commission and report to the Permanent Representatives Committee (COREPER), which is responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the Council. The COREPER sits in 2 parts. Coreper Part 1, made up of deputy permanent representatives, examines technical questions on the whole. Coreper Part 2, composed of the Ambassadors themselves, deals with political questions on the whole. The Commission participates in all the meetings of the working parties of national experts, of Coreper and of the Council formations to explain its positions and to assist the presidency in reaching agreement on its proposals. After examining an issue Coreper either submits a report to the Council, 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 Permanent Representatives and the Commission representative, Coreper recommends that the Council adopt the prepared text as an A item, that is without discussion. The Council (together with the EP in some specific areas) is the main decision-making body of the EU. Ministers vote in the Council on the basis of simple majority, qualified majority or unanimity, depending the rules governing the respective issue. Decisions in some policy areas (taxation) and for most questions concerned with the second and third pillars require unanimity, although things will change once the Treaty of Lisbon enters into force. Under the qualified majority voting (QMV) procedure, each MS is allocated a number of votes in approximate relation to its size. The presidency, on behalf of the Council, is accountable to the EP. Before taking office, the prime minister of the foreign minister of the respective MS presents its presidency program to the EP, then representatives of the Presidency (generally the ministers concerned by the legislative acts to be discussed and adopted by the EP) take part in the EP plenary sessions and answer questions addressed by the MEPs. At the end of the 6-month period, the Presidency sums ups its achievements to the EP. 3. THE EUROPEAN COMMISSION

The European Commission is made up of unelected members. Since its inception in 1967, the Commission has grown in size with each enlargement. Since the Treaty of Nice, there were 2 members for the 5 big MS (Germany, Italy, Spain, the UK, France) and 1 for the small MS. After the May 2004 enlargement, the number of members was reduced to 1 per MS. Thus, actually, the Commission is composed of 27 Commissioners, who are proposed by the government of each MS and are appointed, for a period of 5 years, by the Council, acting by a qualified majority and by common accord with the nominee for President. The Heads of State or Government, acting by a qualified majority, nominate the President of the Commission and the nomination must be approved by the EP. The President and the Commissioners are subject as a body to a vote of approval by the EP. The Parliament examines every Commissioner as to his/her ideas and program and may put forward objections as to his/her suitability for is/her responsibilities inside the Commission, but may not reject the appointment. Hence, in case of objections put forth by the EP for certain members of the Commission, the President has the option of assigning other responsibilities to the member in question or simply ask the proposing MS to make a new proposal so as not to run the risk of rejection of the body by the EP. The current composition of the Commission (1 Commissioner per MS) will continue till 2014, when the Commission will have a number of members corresponding to two thirds of the number of MS. Currently, each Commissioner is given responsibility for a particular policy area, and it is here that weaker MS are likely 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 Commissioners, despite being nominated by the MS, do not represent the interests of the MS, but the interests of the Community as a whole. They must not take any form of instructions from the MS, are supposed to make sure the Treaties are respected, standing above the national interests which legitimately play themselves in the Council. The President of the Commission (since the Treaty of Nice) can take decisions on the Commissions internal organization in order to ensure that it acts consistently, efficiently and on the basis of collective responsibility. The President can also choose his Vice-president (although the choice has to be approved by the rest of the Commissioners also called the COLLEGE of Commissioners) and he can also sack (ask to resign) the Commissioners. THE FUNCTIONS OF THE COMMISSION

1. the power of initiative it proposes new laws and other measures. Neither the Council nor the EP has
the formal power to propose legislative or other Community measures, including Directives, Regulations, Recommendations and the annual budget. The measure or action that it proposes. Decisions on these proposals are taken by Council and the EP with the codecision procedure or, in some cases, by the Council alone, namely by the MS. In other words, the Commission does not legislate. 2. executive body (administrative role) the Commission has extensive executive powers to ensure the attainment of the objectives set out. The Commission implements the decisions taken by the legislative bodies (Council and EP), manages the Community budget as well as the Community Funds and the research and technological development programs 3. guardian of the Treaties and of the acquis communautaire- the Commission is charged with ensuring that the Treaties are correctly implemented and respected by the MS. For this purpose it has investigative power, which it exercises at its own initiative or in response to a request from a government or a complaint from an individual. If, following the investigation, the Commission considers there is infringement of the Community legislation it invites the State concerned to submit its comments within a given period of time. If the State in question does not comply or if the explanations provided do not convince the Commission, the latter issues a reasoned opinion to which the MS is obliged to conform within the prescribed time-limit. If the MS fails to conform, the Commission refers the matter to the European Court of Justice, which arbitrates the dispute an sanctions the irregularity as noted by the Commission and requires the MS to conform to the Community legal order.

4. representative role the Commission deals with aspects of foreign relations, especially those having to
do with trade. The Commission negotiates agreements, it ensures representatives of the EU in third countries and in many international organizations.

THE COMMISSION SERVICES The Commission has two arms (1) a political arms = the College of Commissioners and (2) an administrative arm in the form of the Commission services. The services are organized as Directorates-General the number of which has been constantly increasing as the Commission has been assigned or acquired increased responsibilities and tasks, relating to various policy areas. Recruitment to the Commission services has always been based on open competitions reflecting the principle of merit. Directorates- General (DGs) are generally concerned with policy sectors (for instance, trade or environment) while other services are concerned with cross-cutting, horizontal tasks. Directorates-General - agriculture, budget, competition, development, economic and financial affairs, education and culture, employment and social affairs, energy and transport, enlargement, enterprise, environment, external relations, financial control, fisheries, health and consumer protection, information society, internal market, interpretation, justice and home affairs, personnel and administration, regional policy, research, taxation and customs union, trade, translation. Other Services - European Anti-Fraud Office; Eurostat; European Aid Cooperation Office; Humanitarian Aid Office; Joint Research Center; Legal Service; Press and Communication; Publications Office; Secretariat General. Services vary considerably in size, depending on the nature of their responsibilities. Most have between 200 and 500 full-time staff. Services are headed by Directors General who are supported by senior staff, with the number depending on the size, importance and mission of the service. The main function of the Director General 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 Commissioner responsible for the service. A DG as well as the other services are divided into Directorates, headed by Directors. An average sized DG has between 3 to 6 Directorates, while a typical Directorate is divided into units or divisions headed by a head of unit or division. A Directorate may have between 3 to 6 units. The Commission employs a wide variety of personnel categories, such as permanent staff, temporary agents, contract agents, seconded national experts, etc. 4. THE EUROPEAN PARLIAMENT The European Parliament (EP) is elected by the citizens of the European Union to represent their interests. Its origins go back to the 1950s and the founding treaties, and since 1979 its members have been directly elected by the people they represent. Elections are held every five years, and every EU citizen is entitled to vote, and to stand as a candidate, wherever they live in the EU. The latest elections were in June 2009. Parliament thus expresses the democratic will of the Union's citizens (more than 490 million people), and represents their interests in discussions with the other EU institutions. The present parliament has 736 members from all 27 EU countries. Members of the European Parliament (MEPs) do not sit in national blocks, but in seven Europe-wide political groups. Between them, they represent all views on European integration, from the strongly pro-federalist to the openly Eurosceptic.

Jerzy Buzek was elected President of the EP on the 14th of July 2009 and will hold that post for two and a half years (until January 2012). 1.Group of the European People's Party (Christian Democrats) EPP 2. Group of the Progressive Alliance of Socialists and Democrats in the European Parliament S&D 3. Group of the Alliance of Liberals and Democrats for Europe ALDE 4. Group of the Greens/European Free Alliance Greens/EFA 5. European Conservatives and Reformists Group ECR 6. Confederal Group of the European United Left - Nordic Green Left GUE/ NGL 7. Europe of Freedom and Democracy Group EFD 8. Non-attached NA The European Parliament has three places of work: Brussels (Belgium), Luxembourg and Strasbourg (France). Luxembourg is home to the administrative offices (the General Secretariat). Meetings of the whole Parliament, known as plenary sessions, take place in Strasbourg and sometimes in Brussels. Committee meetings are also held in Brussels.
Parliament has three main roles:

1. Passing European laws jointly with the Council in many policy areas. The fact that the EP is directly elected by
the citizens helps guarantee the democratic legitimacy of European law. 2. Parliament exercises democratic supervision over the other EU institutions, and in particular the Commission. It has the power to approve or reject the nomination of commissioners, and it has the right to censure the Commission as a whole. 3. The power of the purse. Parliament shares with the Council authority over the EU budget and can therefore influence EU spending. At the end of the procedure, it adopts or rejects the budget in its entirety. 1. Passing European laws The most common procedure for adopting (i.e. passing) EU legislation is codecision. This procedure places the European Parliament and the Council on an equal footing and it applies to legislation in a wide range of fields.

The CODECISION procedure VARIANT A - 1. Proposal sent from Commission to the EP and the Council; 2. Parliament first reading no EP amendments; 3. Council first reading the Council may adopt the text without modifying it VARIANT B - 1. Proposal sent from Commission to the EP and the Council; 2. Parliament first reading EP amendments; 3. Commission opinion on EP amendments; 4. Council first reading Council approves all amendments and may adopt the act VARIANT C - 1. Proposal sent from Commission to the EP and the Council; 2. Parliament first reading EP amendments; 3. Commission opinion on EP amendments; 4. Council first reading Council does not approve all the amendments and adopt a common position; 5. Commission opinion on the common position; 6. PE second reading (deadline 3+1 months); 7. PE approves the common position or does not take a decision, then the act is deemed to have been adopted. VARIANT D - 1. Proposal sent from Commission to the EP and the Council; 2. Parliament first reading EP amendments; 3. Commission opinion on EP amendments; 4. Council first reading Council does not approve all the amendments and adopt a common position; 5. Commission opinion on the common position; 6. PE second reading (deadline 3+1 months); 7. PE rejects the common position (absolute majority of members), then the act is deemed not to have been adopted. VARIANT E - 1. Proposal sent from Commission to the EP and the Council; 2. Parliament first reading EP amendments; 3. Commission opinion on EP amendments; 4. Council first reading Council does not approve all the amendments and adopt a common position; 5. Commission opinion on the common position; 6. PE adopts amendments to the common position (absolute majority of members); 7. Commission opinion on EP amendments; 8. Council second reading (deadline 3+1 months) ; 9. Council approves PE amendments and the act is approved as amended.

VARIANT F - 1. Proposal sent from Commission to the EP and the Council; 2. Parliament first reading EP amendments; 3. Commission opinion on EP amendments; 4. Council first reading Council does not approve all the amendments and adopt a common position; 5. Commission opinion on the common position; 6. PE adopts amendments to the common position (absolute majority of members); 7. Commission opinion on EP amendments; 8. Council second reading (deadline 3+1 months) ; 9. Council does not approve PE amendments; 10. Conciliation Committee is convened within a period of 6+2 weeks and has a further 6+2 weeks to reach agreement; 11. successful conclusion to conciliation; 12. within a period of 6+2 weeks, approval of the joint text by EP (majority vote cast) and Council (QMV) VARIANT G- 1. Proposal sent from Commission to the EP and the Council; 2. Parliament first reading EP amendments; 3. Commission opinion on EP amendments; 4. Council first reading Council does not approve all the amendments and adopt a common position; 5. Commission opinion on the common position; 6. PE adopts amendments to the common position (absolute majority of members); 7. Commission opinion on EP amendments; 8. Council second reading (deadline 3+1 months) ; 9. Council does not approve PE amendments; 10. Conciliation Committee is convened within a period of 6+2 weeks and has a further 6+2 weeks to reach agreement; 11. unsuccessful conclusion to conciliation; 12. the act is not adopeted.
In some fields (for example agriculture, economic policy, visas and immigration), the Council alone legislates, but it has to consult Parliament. In addition, Parliaments assent is required for certain important decisions, such as allowing new countries to join the EU. Parliament also provides impetus for new legislation by examining the Commissions annual work programme, considering what new laws would be appropriate and asking the Commission to put forward proposals. 2. Democratic supervision Parliament exercises democratic supervision over the other European institutions. It does so in several ways. When a new Commission takes office, its members are nominated by the EU member state governments but they cannot be appointed without Parliaments approval. Parliament interviews each of them individually, including the prospective Commission President, and then votes on whether to approve the Commission as a whole. Throughout its term of office, the Commission remains politically accountable to Parliament, which can pass a motion of censure calling for the Commissions mass resignation. More generally, Parliament exercises control by regularly examining reports sent to it by the Commission (the annual general report, reports on the implementation of the budget, etc.). Moreover, MEPs regularly ask the Commission questions which the commissioners are legally required to answer. Parliament also monitors the work of the Council: MEPs regularly ask the Council questions, and the President of the Council attends the EPs plenary sessions and takes part in important debates. Parliament can exercise further democratic control by examining petitions from citizens and setting up committees of inquiry. Finally, Parliament provides input to every EU summit (the European Council meetings). At the opening of each summit, the President of Parliament is invited to express Parliament's views and concerns about topical issues and the items on the European Council's agenda. 3. The power of the purse The EUs annual budget is decided jointly by Parliament and the Council. Parliament debates it in two successive readings, and the budget does not come into force until it has been signed by the President of Parliament. Parliament's Committee on Budgetary Control (COCOBU) monitors how the budget is spent, and each year Parliament decides whether to approve the Commissions handling of the budget for the previous financial year. This approval process is technically known as granting a discharge.

Parliament's work is divided into two main stages:

Preparing for the plenary session. This is done by the MEPs in the various parliamentary committees that specialise in particular areas of EU activity. The issues for debate are also discussed by the political groups.

The plenary session itself. Plenary sessions are normally held in Strasbourg (one week per month) and sometimes in Brussels (two days only). At these sessions, Parliament examines proposed legislation and votes on amendments before coming to a decision on the text as a whole. Other items on the agenda may include Council or Commission communications or questions about what is going on in the European Union or the wider world.

4. THE EUROPEAN COURT OF JUSTICE 5. The Court of Justice of the European Communities (often referred to simply as the Court) was set up under the ECSC Treaty in 1952. It is based in Luxembourg. Its job is to make sure that EU legislation is interpreted and applied in the same way in all EU countries, so that the law is equal for everyone. It ensures, for example, that national courts do not give different rulings on the same issue. The Court also makes sure that EU member states and institutions do what the law requires. The Court has the power to settle legal disputes between EU member states, EU institutions, businesses and individuals. The Court is composed of one judge per member state, so that all 27 of the EUs national legal systems are represented. For the sake of efficiency, however, the Court rarely sits as the full court. It usually sits as a Grand Chamber of just 13 judges or in chambers of five or three judges. The Court is assisted by eight advocates-general. Their role is to present reasoned opinions on the cases brought before the Court. They must do so publicly and impartially. The judges and advocates-general are people whose impartiality is beyond doubt. They have the qualifications or competence needed for appointment to the highest judicial positions in their home countries. They are appointed to the Court of Justice by joint agreement between the governments of the EU member states. Each is appointed for a term of six years, which may be renewed. To help the Court of Justice cope with the large number of cases brought before it, and to offer citizens better legal protection, a Court of First Instance was created in 1988. This Court (which is attached to the Court of Justice) is responsible for giving rulings on certain kinds of case, particularly actions brought by private individuals, companies and some organisations, and cases relating to competition law. This court also has one judge from each EU country. The European Union Civil Service Tribunal adjudicates in disputes between the European Union and its civil service. This tribunal is composed of seven judges and is attached to the Court of First Instance. The Court of Justice, the Court of First Instance and the Civil Service Tribunal each have a president chosen by their fellow judges to serve for a renewable term of three years. The Court gives rulings on cases brought before it. The five most common types of case are: 1. references for a preliminary ruling;

2. actions for failure to fulfill an obligation;

3. actions for annulment; 4. actions for failure to act; 5. actions for damages. 1. The preliminary ruling procedure The national courts in each EU country are responsible for ensuring that EU law is properly applied in that country. But there is a risk that courts in different countries might interpret EU law in different ways. To prevent this happening, there is a preliminary ruling procedure. This means that if a national court is in any doubt about the interpretation or validity of an EU law it may, and sometimes must, ask the Court of Justice for advice. This advice is given in the form of a preliminary ruling.

2. Proceedings for failure to fulfill an obligation The Commission can start these proceedings if it has reason to believe that a member state is failing to fulfill its obligations under EU law. These proceedings may also be started by another EU country. In either case, the Court investigates the allegations and gives its judgment. The accused member state, if it is indeed found to be at fault, must set things right at once. If the Court finds that the member state has not complied with its judgment, it may impose a fine on that country. 3. Actions for annulment If any of the member states, the Council, the Commission or (under certain conditions) Parliament believes that a particular EU law is illegal they may ask the Court to annul it. These actions for annulment can also be used by private individuals who want the Court to cancel a particular law because it directly and adversely affects them as individuals. If the Court finds that the law in question was not correctly adopted or is not correctly based on the Treaties, it may declare the law null and void. 4. Actions for failure to act The Treaty requires the European Parliament, the Council and the Commission to make certain decisions under certain circumstances. If they fail to do so, the member states, the other Community institutions and (under certain conditions) individuals or companies can lodge a complaint with the Court so as to have this failure to act officially recorded. 5. Actions for damages Any person or company who has suffered damage as a result of the action or inaction of the Community or its staff may bring an action seeking compensation before the Court of First Instance. Cases are submitted to the registry and a specific judge and advocate-general are assigned to each case. The procedure that follows is in two stages: first a written and then an oral phase. At the first stage, all the parties involved submit written statements and the judge assigned to the case draws up a report summarising these statements and the legal background to the case. Then comes the second stage the public hearing. Depending on the importance and complexity of the case, this hearing can take place before a chamber of three, five or 13 judges, or before the full Court. At the hearing, the parties lawyers put their case before the judges and the advocate-general, who can question them. The advocategeneral then gives his or her opinion, after which the judges deliberate and deliver their judgment. Since 2003, advocates general are required to give an opinion on a case only if the Court considers that this particular case raises a new point of law. Nor does the Court necessarily follow the advocate-generals opinion. Judgments of the Court are decided by a majority and pronounced at a public hearing. Dissenting opinions are not expressed. Decisions are published on the day of delivery. The procedure in the Court of First Instance is similar, except that there is no opinion from an advocate-general.

OTHER INSTITUTIONS AND ADVISORY BODIES The EUs institutional structure also comprises a number of lesser-known bodies, out of which only the European Economic and Social Committee was provided for in the original Treaties. The newly created institutions and bodies are the result of the evolution of European integration. 1. The European Central Bank - created by the Treaty of Maastricht. The ECB is made up of three separate, but closely linked decision-making bodies. The first and the most important is the Executive Body, which consists of the ECB President, its VicePresident and 4 Board Members. The Executive Body is responsible for the day-to-day management of the monetary policy, implementing decision made by the second body, namely the Governing Council and issuing specific instruction to the national banks. The 6 members of the Executive Board are appointed by

common accord of the governments of the MS at the level of heads of state or governments, on a recommendation by the Council or after consultation with the Council and the Parliament. The President is elected for a term of 8 years, the Vice-President for a term of 4 years and the remaining members for terms between 5 and 8 years. The terms of office for the Executive Board members are not renewable. The Governing Council is composed of the Governors of the central banks of the MS belonging to the eurozone and the members of the Executive Board. The Governing Council is responsible for formulating the monetary policy and adopting guidelines fot its implementation. Neither the ECB nor a national central bank nor any member of their decision-making bodies may seek or take instructions from Community bodies, from any government of the MS or any other body. The ECB has the exclusive right to authorize the issue of banknotes within the Communitys eurozone. The General Council comprises the president, the vice-president and governors of all the EU national central banks, including those not participating in the eurozone. Practically speaking, it has a very limited practical role and the members nor participating in the euro are effectively shut out of policy-making.

2. The European Court of AuditorsThe Court of Auditors was set up in 1975. It is based in Luxembourg. The Courts job is to check that EU funds,

which come from the taxpayers, are properly collected and that they are spent legally, economically and for the intended purpose. Its aim is to ensure that the taxpayers get maximum value for their money, and it has the right to audit any person or organisation handling EU funds. The Court has one member from each EU country, appointed by the Council for a renewable term of six years. The members elect one of their number as President for a renewable term of three years. The Courts main role is to check that the EU budget is correctly implemented in other words, that EU income and expenditure is legal and above board and to ensure sound financial management. So its work helps guarantee that the EU system operates efficiently and openly. To carry out its tasks, the Court investigates the paperwork of any person or organisation handling EU income or expenditure. It frequently carries out on-the-spot checks. Its findings are written up in reports which bring any problems to the attention of the Commission and EU member state governments. To do its job effectively, the Court of Auditors must remain completely independent of the other institutions but at the same time stay in constant touch with them. One of its key functions is to help the European Parliament and the Council by presenting them every year with an audit report on the previous financial year. Parliament examines the Courts report in detail before deciding whether or not to approve the Commissions handling of the budget. If satisfied, the Court of Auditors also sends the Council and Parliament a statement of assurance that European taxpayers' money has been properly used. Finally, the Court of Auditors gives its opinion on proposals for EU financial legislation and for EU action to fight fraud. The Court of Auditors has approximately 800 staff, including translators and administrators as well as auditors. The auditors are divided into audit groups. They prepare draft reports on which the Court takes decisions. The auditors frequently go on tours of inspection to the other EU institutions, the member states and any country that receives aid from the EU. Indeed, although the Court's work largely concerns money for which the Commission is responsible, in practice 80% of this income and expenditure is managed by the national authorities. The Court of Auditors has no legal powers of its own. If auditors discover fraud or irregularities they inform OLAF the European Anti-Fraud Office.

3. The European Economic and Social Committee Founded in 1957 under the Treaty of Rome, the European Economic and Social Committee (EESC) is an advisory body representing employers, trade unions, farmers, consumers and the other interest groups that collectively make up organised civil society. It presents their views and defends their interests in policy discussions with the Commission, the Council and the European Parliament. So the EESC is a bridge between the Union and its citizens, promoting a more participatory, more inclusive and therefore more democratic society in Europe.

The Committee is an integral part of the EUs decision-making process: it must be consulted before decisions are taken on economic and social policy. On its own initiative, or at the request of another EU institution, it may also give its opinion on other matters. The EESC has 344 members the number from each EU country roughly reflecting the size of its population. The members are nominated by the EU governments but they work in complete political independence. They are appointed for four years, and may be re-appointed. The Committee meets in Plenary Assembly, and its discussions are prepared by six subcommittees known as sections, each dealing with particular policy areas. It elects its President and two Vice-Presidents for a two-year term The European Economic and Social Committee has three main roles:

to advise the Council, Commission and European Parliament, either at their request or on the Committees own initiative; to encourage civil society to become more involved in EU policymaking; to bolster the role of civil society in non-EU countries and to help set up advisory structures.

Working mostly in their countries of origin, the members of the Committee form three groups that represent employers, workers and various economic and social interests. The Employers' Group has members from private and public sectors of industry, small and medium-sized businesses, chambers of commerce, wholesale and retail trade, banking and insurance, transport and agriculture. The Workers Group represents all categories of employees, from manual to executive. Its members come from national trade union organisations. The third group represents a wide range of interests: NGOs, farmers' organisations, small businesses, crafts and professions, cooperatives and non-profit associations, consumer and environmental organisations, the scientific and academic communities and associations that represent the family, women, persons with disabilities, etc.

4. The Committee of the Regions Set up in 1994 under the Treaty on European Union, the Committee of the Regions (CoR) is an advisory body composed of representatives of Europes regional and local authorities. The CoR has to be consulted before EU decisions are taken on matters such as regional policy, the environment, education and transport all of which concern local and regional government. The Committee has 344 members. The number from each member state approximately reflects its population size. The members of the Committee are elected municipal or regional politicians, often leaders of regional governments or mayors of cities. They are nominated by the EU governments but they work in complete political independence. The Council of the European Union 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 Committee of the Regions chooses a President from among its members, for a term of two years. The role of the Committee of the Regions is to put forward the local and regional points of view on EU legislation. It does so by issuing opinions on Commission proposals. The Commission and the Council must consult the Committee of the Regions on topics of direct relevance to local and regional authorities, but they can also consult the Committee whenever they wish. For its part, the Committee can adopt opinions on its own initiative and present them to the Commission, Council and Parliament.