Introduction to The European Union and The Council of Europe

Legal and Policy FrameworksStefaan G.Verhulst, Markle Foundation August 2003

OutlineEU versus CoE Institutions, Policy Tools and Processes of the European Union Institutions, Policy Tools and Processes of the Council of Europe EU and CoE

Distinguish the EU from the CoEEuropean Union15 member states(14 pending)Council of Europe45 member states

BrusselsStrasbourg

The European flag represents both the Council of Europe and the European Union to strengthen the idea of solidarity between the different organizations for a united and democratic Europe.

EUMember States cede some of their sovereign rights to the EC. Thus, the EC is able to issue sovereign acts that have the same force as laws in individual states.

CoEDecisions require unanimity, which means that every country has a power of veto. The Council of Europe is therefore designed only with international cooperation in mind.

The European Union

Creation of the European UnionEuropean Coal and Steel Community (ECSC)

(Signed by:Belgium, France, Germany, Italy, Luxembourg, the Netherlands)Treaty of ParisTreaty of RomeTreaty of MaastrichtTreaty of Amsterdam(Concluded formation of the ECSC)

(the EC Treaty) Determined the legal framework of the European Community.Created the European Atomic Energy Community (Euratom) and the European Community (EEC)

Created the European UnionFurther developedthe EU

Gave Parliament co-decision powers in the ECs legislative process

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The European CommunitiesCommon Foreign and Security PolicyCooperation in Justice and Home AffairsThe European UnionECCustoms union and single marketAgricultural policyStructural policyNew or amended provisions on:EU citizenshipEducation and cultureTrans-European networksConsumer protectionHealthResearch and environmentSocial policyAsylum policyExternal bordersImmigration policyEuratomECSC3 PillarsForeign PolicyCooperation, common positions and measuresPeacekeepingHuman rightsDemocracyAid to non-member countries

Security policyDrawing on the WEU: questions concerning the security of the EUDisarmamentFinancial aspects of defenceLong-term: Europes security framework

Cooperation between judicial authorities in civil and criminal lawPolice cooperationCombating racism and xenophobiaFighting drugs and the arms tradeFighting organised crimeFighting terrorismCriminal acts against children, trafficking in human beings

The Institutions of the EUEuropean Council15 Heads of State and the President of the CommissionCouncil of the EU15 MinistersEuropean Parliament626 MembersEuropean Commission20 MembersEuropean Court of Justice15 JudgesEconomic and Social Committee222 MembersCommittee of the Regions222 MembersCourt of Auditors15 MembersEuropean Central BankEuropean Investment Bank

The Institutions of the EUEuropean Council15 Heads of State and the President of the CommissionFunction is to establish policy guidelines for European integration. Meet twice a year, accompanied by the Foreign Ministers and a Member of the Commission.Makes basic policy decisions and issues instructions and guidelines to the Council or the Representatives of the Member States meeting in the Council.Has directed work on economic and monetary union, the European Monetary System, direct elections to Parliament.

The Institutions of the EUCouncil of the EU15 MinistersTasks Include:Drawing up legislationCoordination of economic policyBudgetary controlAppointmentsExternal relationsOne representative of each Member State at ministerial level, with composition varying according to the subject discussed.General Affairs CouncilEconomic and Financial AffairsTransport Council

Agriculture Council

The Institutions of the EUEuropean Parliament626 RepresentativesTasks Include:Decision-making functionsAdvisory functionsSupervisory functions

Representatives directly elected by the peoples of the Member States. 7 political parties represented in assembly.17 committees carry out the preparatory work for the plenary sessions.

The Institutions of the EUEuropean Commission20 MembersThe driving force behind Community policy.Has primary powers to initiate legislation in certain areas.Is the guardian of the Community treaties, monitors implementation of legislation, institutes infringement proceedings in the event of any violation of Community law, and refers matters to the Court of Justice.Represents no interests other than those of the Community.Acts as a normal administrative authority.Consists of 2 members from Germany, France, the UK, Italy and Spain, and one from each of the other Member States.Members are appointed by Member States for a term of 5 years. Headed by a President (Romano Prodi)

EU Commission Directorate-GeneralsPoliciesAgricultureCompetitionEconomic and Financial AffairsEducation and CultureEmployment and Social AffairsEnergy and TransportEnterpriseEnvironmentFisheriesHealth and Consumer ProtectionInformation SocietyInternal MarketJoint Research CentreJustice and Home AffairsRegional PolicyResearchTaxation and Customs Union

External RelationsDevelopmentEnlargementExternal RelationsTrade

The Institutions of the EUEuropean Court of Justice15 JudgesResponsibilities encompass three main areas:Monitoring the application of Community law, both by the Community institutions when implementing the Treaties, and by the Member States and individuals in relation to their obligations under Community law.Interpretation of Community law.Further shaping of Community law. Types of proceeding:Actions for failure to fulfill obligations under the Treaties.Actions for annulment and actions on grounds of failure to act.Cases referred from national courts for preliminary rulings.Each Member State sends one judge.Members are appointed by Member States for a term of 5 years.

Secondary Institutions of the EUEconomic and Social Committee222 MembersCommittee of the Regions222 MembersCourt of Auditors15 MembersEuropean Central BankEuropean Investment BankAn advisory board that represents the interests of employers, trade unions, and consumers.Examines accounts of Community institutions.The Council is required to consult the Committee on a number of areas including: education; culture; public health; trans-European networks; transport; telecommunications and energy infrastructure.Promotes the development of less-developed regions, to modernise or convert undertakings or create new jobs and to assist projects of common interest to several Member States.

The heart of the economic and monetary union. Its task is to maintain the stability of the euro.

Policy Tools of the European Union

Compare Legislative Processes: Consultation v. Co-decision ProcedureEuropean Coal and Steel Community (ECSC)

Treaty of AmsterdamThe earliest legislative process within the Community.

Member States in the Council played the decisive role in expressing the will of the EC.

The Commission submits proposals and the Council makes the decisions.

Used now only in limited instances

Treaty of Amsterdam created equality of arms between the Council and Parliament.

Denies the Council the right to adopt its common position if efforts to reach agreement with Parliament fail.

Used for most of the important legislation.

Consultation Procedure: Co-decision Procedure:

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1997

The Legislative Process:Consultation ProcedureCommissionProposalEuropean ParliamentCommittee of the RegionsEconomic and Social CommitteeOpinionAdoption of decision by the Council after consultation with Coreper

The Legislative Process:Co-Decision ProcedureCommissionProposalParliament (1st reading)OpinionCouncilNo amendments by Parliament or approval of all amendments by CouncilInstrument adoptedorCORESCCOMMON POSITIONParliament (2nd reading)Amendment by absolute majorityCommissionCouncilAmendments rejectedConciliation Committee convened by Council and ParliamentRejection by absolute majorityapproval/no actionCouncilEnd of legislative processAdoption of common position by qualified majorityParliaments amendments acceptedAdoption by qualified majorityagreement(3rd reading)Parliaments amendments not acceptedAdoption only by unanimityNo agreementInstrument rejected

Power of the EU

The EC must act where the objectives to be pursued can be better attained at Community level, enhancing its powers The EC must not act where objectives can be satisfactorily attained by the Member States acting individually, constraining its powers. The Subsidiary PrincipleIf the need for Community rules is demonstrated... According to the Subsidiary Principle, all Community institutions, but especially the Commission, must always demonstrate that there is a real need for Community rules and common action.

Principle of Proportionality:The need for the specific legal instrument must be thoroughly assessed to see whether there is a less constraining means of achieving the same result. Framework legislation, minimum standards and mutual recognition of the Member States' existing standards should always be preferred to excessively detailed Community rules. The subsidiary principle was codified in a Protocol annexed to the Treaty of Amsterdam.

The Future of the ConventionTo better prepare the Union for enlargement, the EU leaders have called for modifications to amend the Treaties of Amsterdam and Nice.

The declared aims of EU Treaty changes are: bringing the EU closer to its citizens, strengthening the EU's democratic character, facilitating the EU's capacity to make decisions, especially after its enlargement, enhancing the EU's ability to act as a coherent and unified force in the international system, effectively deal with the challenges globalisation and interdependence create.

ConventionAfter 16 months of discussions, the Conventions adopted a draft proposal for an EU Constitutional Treaty which will serve as a starting point for the IGC. Intergovernmental Conference (IGC)An IGC is the only instrument that can modify an EU Founding Treaty. Draft Constitutional Treaty

Forum made up of elected representatives and officials from the 15 Member States, 13 candidate countries and EU institutions, representatives of non-governmental and academic organisations, industry federations and trade unions. The first to precede a Founding Treaty modification.

The EU has held five such conferences The sixth IGC, starts in October 2003 Conducted by the Heads of State or Government, assisted by the members of the General Affairs and External Relations Council, representatives of the Commission, 10 future Member States, & the European Parliament.

Constitutional Treaty to be signed by the Member States of the enlarged Union as soon as possible after 1 May 2004, the envisaged date of enlargement.

The Convention proposed critical modifications: Replace the six-month rotating presidency with a permanent president of the European Council. Streamline the European Commission so that only 15 members would have voting rights. Implement a new voting system for the Council, whereby qualified majority will consist of a majority of countries representing 60 percent of Europe's population, will give the three biggest countries the right to block any decision supported by the other 22 Member States. Expand the role of the European Parliament, with a doubling of the scope of legislation taken by co-decision, which becomes the normal legislative process of the Union. Substantially simplifying the corresponding procedures. Obligate institutions to adopt rules on transparency. Valry Giscard d'Estaing presents the Conventions report to the Italian presidency.

Council of Europe

Creation of the Council of EuropeTreaty of London Signature in Rome of the Council's Convention for the Protection of Human Rights and Fundamental Freedoms - the first international legal instrument safeguarding human rights. Signature of the European Cultural Convention, forming the framework for the Council's work in education, culture, youth and sport.

Established the Standing Conference of Local and Regional Authorities of Europe (now the Congress of Local and Regional Authorities of Europe) to bring together local and regional authority representatives.

Established the Council of Europe.

Signed by ten states: Belgium, Denmark, France, Ireland, Italy, Luxembourg, the Netherlands, Norway, Sweden and the United Kingdom.

Established the European Court of Human Rights, under the European Convention on Human Rights, to ensure observance of the obligations undertaken by contracting states. Single permanent European Court of Human Rights to be established in Strasbourg under Protocol No. 11 to the Council's European Convention on Human Rights, replacing the existing system.

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Council of EuropeThe PrinciplesThe Council of Europe is an intergovernmental organisation which aims: to protect human rights, pluralist democracy and the rule of law; to promote awareness and encourage the development of Europe's cultural identity and diversity; to seek solutions to problems facing European society (discrimination against minorities, xenophobia, intolerance, environmental protection, human cloning, Aids, drugs, organised crime, etc.); to help consolidate democratic stability in Europe by backing political, legislative and constitutional reform.

The Institutions of the Council of EuropeCommittee of Ministers45 MinistersParliamentary Assembly313 MembersEuropean Court of Human Rights 43 JudgesCongress of Local and Regional Authorities of Europe Convention for the Protection of Human Rights and Fundamental Freedoms

The Institutions of the Council of EuropeCommittee of Ministers45 MinistersDecision-making body comprised of ministers of the 45 member states.Decides on the action to be taken on recommendations of the Parliamentary Assembly and the Congress of Local and Regional Authorities of Europe, and on the proposals from various intergovernmental committees and conferences of specialized ministers.

The Institutions of the Council of EuropeParliamentary Assembly313 MembersOne of 2 main statutory organs.313 members elected or appointed by national parliaments.Each country has between 2 and 18 members, depending on size of population. The Assembly has 5 political groups: Socialist Group (SOC), Group of the European Peoples Party (EPP/CD), European Democratic Group (EDG), liberal, Democratic and Reformers Group (LDR), and Group of the Unified European Left (UEL). Some members of the Assembly choose not to belong to any political group. Compare the Parliamentary Assembly, which is comprised of representatives elected or appointed by national parliaments of all the Council of Europes Member States, with the EUs European Parliament, comprised of the directly elected representatives of the 15 member countries of the EU.

The Institutions of the Council of EuropeEuropean Court of Human Rights 43 JudgesBased in Strasbourg, this is the only truly judicial organ established by the European Convention on Human Rights. It is composed of 43 judges* and ensures, in the last instance, that contracting states observe their obligations under the Convention. Since November 1998, the Court has operated on a full-time basis. Compare with:Court of Justice of the European Communities: Meets in Luxembourg and ensures compliance with the law in the interpretation and application of the European Treaties of the European Union. International Court of Justice : Judicial body of the United Nations which meets in The Hague.

Policy Tools of the Council of Europe

Policy Process of the Council of EuropeEuropean Conventions and Agreements are prepared and negotiated within the institutional framework of the Council of Europe. Negotiation culminates in a decision of the Committee of Ministers Monitoring systems have been set up for the main treaties. It is then agreed to open the treaty for signature by member States of the Council. European Conventions and Agreements, however, are not statutory acts of the Organisation; they owe their legal existence simply to the expression of the will of those States that may become Parties thereto, as manifested inter alia by the signature and ratification of the treaty.

Collaboration between the EU and the Council of Europe The Treaty on the European Communities recommends that the European Community establish all appropriate forms of co-operation with the Council of Europe and more specifically that co-operation with the Council of Europe should be fostered in the fields of education and culture.To further these aims, there are: Quadripartite meetings at which the leaders of the two institutions meet Joint Council of Europe/European Commission technical assistance programmes.

The Joint Declaration on Co-operation and Partnership between the Council of Europe and the European Commission (2001), aimed at giving fresh impetus to efforts to strengthen co-operation between the Council of Europe and the European Community.

One example of cooperation between the two is:The European Commission adaptation of a draft decision to sign Convention 180 of the Council of Europe on behalf of the EU. Convention 180 establishes an international mechanism for the prior notification of national rules on online services, based on the EU system of legislative transparency in this area.