Law Making Objectives Explain the role of the four main European institutions ie the Commission the Council the European Parliament and the Court of Justice of the European Union Explain the judicial and supervisory role of the ID: 636728
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Slide1
European Union Institutions
Law
MakingSlide2
Objectives
Explain the role of the four main European
institutions
i.e. the Commission, the Council, the European Parliament and the
Court
of
Justice of the European Union
Explain the judicial and supervisory role of the
Court
of Justice
of the European Union
Explain the role of the European Court of First InstanceSlide3
The European Legal Order
EU established after WW2 to assist in physical and economic
reconstruction.
Main aims – to promote economic development of member states and improve living standards of Union
citizens.
Since expanded to include social and environmental policy, monetary and political
union.
To achieve aims, EU has established its own legal institutions and
laws.Slide4
European Union Institutions
The European Union grew out of the
European Coal and Steel Community
, founded in 1951 with 6 members: Belgium, the Netherlands, Luxembourg, West Germany, France and
Italy
Its purpose was to pool the countries’ coal and steel resources. Slide5
European Union Institutions
The Coal and Steel Community was later joined by the
European Economic Community
and the
European Atomic Energy
Community .
The
European Union
was formed in 1993, combining the three Communities with a common foreign policy and co-operation in criminal
matters.
UK joined in
1973.
Now
28 members – though the UK may leave (
B
rexit)Slide6
European Union Institutions
The Commission
- main executive body – headed by Commissioners
(28
of them) who are appointed by the member states subject to approval by the Parliament, for 5
years.
Commissioners are independent – role is to represent the interests of the
EU.
Commission - Proposes and drafts EU legislation, negotiates trade agreements
and
draws up annual
budget.
Ensures that member states uphold EU
law.
Re Tachographs:
EC Commission v UK (1979)Slide7
European Union Institutions
The Council
- main decision-making and legislative
body
Represents the interests of individual member
states
Most powerful of the
institutions
No permanent
membership
Adopts Union legislation based on proposals from the Commission and after consulting the
Parliament
European Council
- related institution -major policy making body - meets at ‘Euro-Summits’ ( Art. 2 of the Single European Act 1986
).Slide8
European Union Institutions
European Parliament-
has mainly consultative and advisory role
Members
elected in their own
countries (MEPs)
– every 5 years
Parliament exercises a supervisory role over the Commission
Can veto the appointment of the Commission and dismiss the whole Commission
Reports on the Council 3 times a year
Can bring actions against other EU institutions
Role of the Parliamentary
Ombudsman
.Slide9
The
Court
of
Justice of the European Union
–
supervises the application of EU Law
Sits in Luxembourg –
28
judges appointed for a period of 6 years
Judges assisted by 8 Advocates General
Since 1989 ECJ assisted by European Court of First Instance
Constitutional court, provides definitive interpretations of EU
law.
European Union
InstitutionsSlide10
The European Court of Justice
–
2 functions: judicial role and a supervisory
role.
Judicial Role:
Hears disputes against member states and cases against European institutions e.g.
Re Tachographs: EC Commission v UK (1979)
United Kingdom v Council of the European Union (1996)
European Union InstitutionsSlide11
The European Court of Justice
-
Supervisory Role
Article
267 Treaty on the Functioning of the European Union –
any court can refer a question on EU law to the ECJ
The referral system ensures that the law is interpreted the same throughout the EU
Reference MUST be made if the national court is the final appeal
court
Bulmer v Bollinger guidelines on when a court in a Member State should refer.
European Union InstitutionsSlide12
European Union Institutions
In deciding whether a ruling is necessary, English courts use the
Bulmer v Bollinger (1974)
guidelines - e.g. not necessary where:
ECJ has previously ruled on the same point.
Point is reasonably clear and free from doubt (the
acte
clair
doctrine).
The facts of the case had not yet been decided.
It would not be conclusive of the case.Slide13
Supervisory Role -
Art.267 TFEU:
Customs and Excise Commissioners v APS
Samex
(1983)
R v International Stock Exchange, ex parte Else
(1993
)
Marshall v Southampton and South West Hampshire Area Health Authority (1986)
ECJ is not an appeal court – it assists national courts, the actual decision remains the task of the national
court.
ECJ IS not to be confused with the European Court of Human Rights, this court is NOT an institution of the
EU.
Mandatory and discretionary referrals.
European
Union
InstitutionsSlide14
The European Court of First Instance:
Established in 1988 – Single European Act Art.225
Aim – to reduce the workload of the ECJ
Limited jurisdiction
Deals with mainly internal
litigation.
European Union InstitutionsSlide15
Council, Commission
and
Parliament all have a role in making EU law
All legislation starts with proposal from the Commission
Parliament has an increased role – but still limited
Increasingly, the passing of EU legislation requires the approval of the European Parliament as well as the Council, through the ordinary legislative procedure (previously known as the co-decision process
)
Ordinary legislative procedure gives the same weight to the European Parliament and the Council of the European Union on a wide range of areas (for example, economic governance, immigration, energy, transport, the environment and consumer protection). The vast majority of European laws are adopted jointly by the European Parliament and the Council.
Making European LegislationSlide16
Conclusion
UK membership of EU has had wide-ranging effects particularly regarding sovereignty, while this could in theory be reversed, this is unlikely to occur in practice.
Therefore
,
Assuming continued UK membership, EU law will play an increasingly significant role within the English Legal System.
However, what will happen post-
Brexit
? Research the current position.