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European Union Institutions - PowerPoint Presentation

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European Union Institutions - PPT Presentation

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

union european institutions court european union court institutions role commission parliament council law ecj member supervisory justice states legislation making main community

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Presentation Transcript

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.