The European Union (EU)
A European Economic Community was forged into existence by the signing of The Treaty of Rome in 1957. The agreement was ratified and at the time by only 6 countries.
Following that treaty, the Treaty of Maastricht was drawn up, ratified and came into force in 1993. This treaty essentially created the European Union (E.U.) and as we know it today.
The member countries are listed below and all form the E.U. community: –
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and The United Kingdom
The institutions of the (EU)
The European Union consists of 4 decision-making bodies: –
The Council of Ministers, The European Commission, The European Parliament and The Court of Justice of the European Union.
The Council of Ministers (CoM)
The Council of Ministers is the body which is made up of Ministers who symbolise authority and represent each of the E.U. member states. The Council of Ministers have authority and make the ultimate legal decisions on the most important issues. The decisions are generally based on proposals made from the European Commission. This Council do represent the interests of the National Governments which belong to the E.U. Since each country gave assent to the Maastricht Treaty, they implement the accord reached. Explaining this, the European Parliament does also plays a part in the E.U. law-making process.
As with each institution the E.U. has a President and that presidency rotates every six months and in alphabetical order of countries belonging to the E.U. The country who holds the E.U. presidency chairs the Council of Ministers and for the 6 months in office. The CoM is supported by permanent staff who are all generally based at the Head Office of the E.U. located in Brussels.
The European Commission [E.C.]
The European Commission is another body and is primarily accountable for safeguarding the measures in the Treaties agreed. Their function is to ensure they are complied with and carried out by each member. The Members of the E.C. (commissioners) are chosen for a 5-year term and by each of member state. The UK customarily appoints 1 commissioner from the sitting government and a 2nd from the largest opposition party. The E.C. also has a President and is elected by the Governments of each member states. The E.C. is also based in Brussels.
The function of these Commissioners is to act only in the interest of the E.U. and answerable to the European Parliament only. They are not permitted to take instructions from their own National Government or any other bodies including those other bodies in the E.U.
The E.C. therefore retains a relatively small numbers of administrative staff and that staff is generally based again in Brussels. The E.C. is divided into Directorates-General (DGs) and each covers particular subject areas and is akin to U.K government departments.
A complete list of the DGs is on the European Commission website at www.europa.eu.int/comm/dgs_en.htm.
The duties of the E.C. include administering E.U. funds and investigating national complaints of alleged breaches of E.U laws and regulation and by member states.
The European Parliament
The European Parliament is compartmental and contains people who are publicly elected. They are generally referred to as Members of the European Parliament (MEPs) and are comprised of certain pre agreed number quotas from each member state. Elections for these members are held every five years in each country. The European Parliament is divided into political, rather than National groupings, for example, The Socialist Group, the Christian Democratic Group and the Green Group. MEPs, when elected have a choice which group they want to belong to.
The European Parliament is based in Strasbourg; however, its general committees meet in Brussels. The Parliament has a large staff who work from offices in Brussels and Luxembourg. The European Parliament is permitted [in some circumstances] to both recommend and resolve legislative issues and in certain subject areas.
The Court of Justice of the European Union
The Court of Justice of the European Union (CJEU) is based in Luxembourg. It is composed of judges and Advocates-General, who are appointed to the positions by member states, i.e. Member Governments.
The functions of the Court of Justice of the European Union are mainly 4 fold:-
examining the validity of things done by EU institutions
taking action against member states which have infringed EU law
clarifying EU law, on request from national courts, by making preliminary rulings
delivering legally binding opinions on proposed agreements with other international bodies.
The Individuals of each country who express a desire, to challenge E.U. legislation or to make a member state to implement E.U. legislation, cannot take their individual case directly to the CJEU. These types of cases must be taken through the domestic legal systems of their retrospective member states courts first, and relevant domestic court will [if necessary] refer the case to the CJEU for a final adjudication.
The European Ombudsman
The European Ombudsman has a duty to and can investigate maladministration and in the activities performed by the European Community, its institutions and bodies. These bodies include the European Commission, the Council of the European Union and the Court of Justice.
Examples investigations include administrative delay, refusal of information, discrimination and abuse of power.
Before you (as a consumer) can launch a complaint to the European Ombudsman, the European institution you have concerns about should be given an opportunity to investigate, try and resolve the matter with you. Such a process is deemed a fair, reasonable and proportionate.
How can the Ombudsman assist you?
The European Ombudsman looks into complaints and does conducts enquiries independently. Complaints are not generally handled by way of confidentially. Depending on the nature of the complaint you can ask that your complaint be treated as confident. Your request will be deliberated upon and should be respected in individual circumstances and if at all possible.
If a case is not resolved satisfactorily, the Ombudsman has a duty to try to find a solution through mediation/conciliation.
If mediation/conciliation fails, the European Ombudsman is empowered to make recommendations to the institution and to resolve your case. If the complained of institution fails to accept the Ombudsman’s recommendations, the Ombudsman can make a special report on the matter and to the European Parliament.
European Union law – UK law
European Union law TRUMPS UK law and if they conflict, that said Under UK law, Acts of Parliament are not challengeable unless they do conflict or prevent E.U. law functioning justly.
Excluding the Treaties, there are two ways in which European law is made, regulations and directives.
A E.U regulation trumps any member state’s domestic law or a law which is inconsistent with it. Member states will not be required to make changes to- or develop additional domestic laws to implement or apply regulations it makes and imparts on the E.U. communities. Individuals who are domiciled in the E.U. can fully rely on E.U. regulations and in any matter in domestic court cases.
Directives set goals which must [as opposed to might] be reached by a certain date confirmed in the regulation. Each member state is responsible for making or implementing their own laws in order to reach this goal.