A Guide to the November 2011 The European Union – An Overview 3

Introduction s A Brief History of the European Union 4 t Status and Objectives of the European Union 5

The Institutions n The 6 The Council 7 The 8 e The 8 t The Court of Justice of the European Union 9 The General Court 10 n Other European Union Bodies 10

Legislation

o Types of Legislation 12 The Legislative Procedure 12 Types of Legislative Procedures 14 c

Glossary of terms 16

Annex A Directorates-General and Services of the European Commission 19

Annex B Commissioners and their Portfolios 20

Annex C European Parliament Committees 21 A Guide to the European Union 3 The European Union – An Overview

The European Union – An Overview

The European Union (the EU) is the compliance with, and implementation Other EU bodies such as the name given to the formal association of of, EU law by the Member States. Economic and Social Committee 27 European countries, or Member and the Committee of the Regions States, and is used to describe the The Council (or Council of Ministers) is may also play an advisory role in the geographical area covered by those the EU’s principal decision-making body. legislative process. countries as well as the abstract concept At the top level it comprises government of the association. The establishment and ministers of all the Member States with The Commission initiates most EU operation of the EU is based on inter- responsibility for a particular sector, e.g. legislation . Its proposals are then governmental treaties by means of which transport ministers will convene to considered by the Council and the the Member States have granted certain discuss proposed legislation on Parliament and follow one of a number powers and functions to centralised EU transport. The details of legislation are of procedures as dictated by the institutions, of which the most important usually worked out at lower levels by Treaties. The most commonly used of are the European Commission, the more junior representatives of the these is the ordinary legislative Council, the European Parliament and the Member States, the most important of procedure (formerly known as co- two supranational Courts. The distribution these being the Committee of decision, see page 14). Legislation may of power both between EU institutions Permanent Representatives be in the form of Regulations which are and Member State governments and (“COREPER”). The European Council, a directly applicable in all Member States, amongst the institutions themselves is twice-yearly meeting of the Heads of or Directives, which need to be still shifting and is the subject of State or Government of the Member implemented into national law by the continuing debate. States, reviews and decides on the law-making bodies of each Member overall policy of the EU. State. The EU can only legislate in areas The European Commission is the in which there is specific authority to do central administrative and policy-making The European Parliament is a so in one of the EU treaties, which are body of the EU. It is made up of 27 democratically elected body with sometimes referred to as primary Commissioners (nominated by the members (“MEPs”) elected directly from legislation as opposed to regulations Member States and approved by the each of the Member States and grouped and directives, which are referred to as European Parliament), one of whom according to political, rather than national, secondary legislation (see A Brief acts as President. The Commission affiliation. The number of MEPs from each History of the European Union below). formulates legislative proposals, Member State is roughly proportionate to The Treaties and, in certain implements Council decisions, the Member State’s population. It shares circumstances, some secondary negotiates international agreements on with the Council the power to legislate legislation, take precedence over any behalf of the EU and supervises and it exercises democratic supervision inconsistent national law. over the Commission.

European Commission Council 27 Commissioners, supported by the consisting of Ministers from each of the 27 Directorates-General and Services Member States

European Parliament Primary legislation 736 MEPs* The Treaties, of which the most important is the Treaty on the Functioning of the EU

Secondary legislation Regulations, Decisions, Directives

* From 2014, the allows for 751 MEPs.

© Clifford Chance LLP, November 2011 4 A Guide to the European Union Introduction

Introduction A Brief History of the “European Union”. This was often Parliament and extended qualified European Union described as a three pillar structure. The majority voting in the Council to policy first pillar was constituted by the existing areas that had required unanimous The , which became Communities (the ECSC, EURATOM and agreement to legislate on. This latest operative on 1 January 1958, the EC), albeit with new institutions and treaty also gave the EU legal personality, established the European Economic powers (or competencies) added to created the roles of President of the Community (the “EEC”) between the those provided for in the Treaty of Rome. European Council and High original six Member States – , The EEC Treaty, by which name the Representative for Foreign and Security , , , and Treaty of Rome was also known, was Policy, abolished the three pillar structure the . The EEC – later known renamed the “EC” Treaty to emphasise and incorporated the Charter of as the European Community (the “EC”) its broader scope. The Fundamental Rights into primary EU but now succeeded by the EU – built identified the goal of Economic and legislation. In addition, the Lisbon Treaty upon a number of principles and Monetary Union but also gave the EU renamed the EC Treaty the “Treaty on the institutions developed within the new competencies (or a more active role) Functioning of the European Union” European Coal and Steel Community in areas such as consumer protection, (“TFEU”) and extended the powers of the (the “ECSC”) which was created in 1952 trans-European networks, public health, EU in various areas including energy, by the ECSC Treaty (also known as the development co-operation, visa policy, climate change, intellectual property, ). The scope of the ECSC industrial policy, education and culture. sport, humanitarian aid, civil protection, was limited to developing a common The other two pillars of the European space research, tourism and strategy for coal and steel. Similarly, the Union deal with the Common Foreign administrative cooperation. European Atomic Energy Community and Security Policy and increased co- (“EURATOM”), established by the operation in Justice and Home Affairs. The European Union has undergone a in 1958, was limited to process of steady enlargement, achieving a common policy for nuclear The functioning of the European Union, beginning with the entry of the UK, energy. The EEC, in contrast, covered a as established by the Maastricht Treaty, Ireland and on 1 January 1973, whole range of economic activity which was reviewed by an Intergovernmental on 1 January 1981 and has been progressively increased by Conference (“IGC”), which culminated in and on 1 January 1986. , subsequent amending Treaties to such the signing of the Amsterdam Treaty in and became members an extent that it is unlikely that any October 1997. The Amsterdam Treaty, of the EU on 1 January 1995. On 1 May business could exist today in Europe which came into force on 1 May 1999, 2004, the EU was enlarged to include without having at least some part of its failed, however, to make institutional , the , , operations influenced by laws deriving reforms necessary for further , , , , , from the Treaty of Rome. enlargement. Another IGC on institutional and . and reform was held in 2000. Agreement was joined on 1 January 2007. On In 1986, the (“SEA”) reached in December 2000 on the draft 16 December 2004, EU Heads of State was signed, entering into force on 1 July of a new treaty, known as the Treaty of and Government agreed to open 1987. This Treaty made significant Nice, which amended the Treaty on the accession negotiations with Turkey. procedural amendments, particularly in European Union, the Treaties establishing Negotiations started on 3 October 2005, the area of law-making, where it the and the with no guaranteed outcome, although increased the influence of the Parliament Protocol on Enlargement of the the ultimate goal is EU membership. On and the use of qualified majority voting in European Union. 30 June 2011, EU Member States the Council at the expense of unanimity decided to close accession negotiations for proposed legislation. This made A new draft Constitutional Treaty for with ; its accession is foreseen for possible a relatively rapid creation of the Europe (“the Constitutional Treaty”) was 1 July 2013. After the formal opening of internal market. adopted by the European Council in negotiations with on 27 July June 2004 but was never ratified due to 2010, the first four chapters of The Treaty on the European Union, more its failure in referenda in France and the negotiations on Iceland’s accession to commonly known as the Maastricht Netherlands in 2005. the EU were opened at an Treaty, built on the foundations of intergovernmental conference on 27 previous Treaties to extend the area of The Lisbon Treaty, which was signed on June 2011. As to the former Yugoslav European competence still further. The 13 December 2007 and entered into Republic of Macedonia, the Commission Maastricht Treaty, which came into force force on 1 December 2009, significantly recommended the opening of accession on 1 November 1993, created the extended the powers of the European

© Clifford Chance LLP, November 2011 A Guide to the European Union 5 Introduction

negotiations in October 2009. On 17 Status and Objectives of consumer protection, research and December 2010, the European Council the European Union development, transport, energy, granted Montenegro candidate status. agriculture and external trade. To this, As explained above, the European Union the Maastricht Treaty added the political Member Date of Total was brought into existence by a series of goals of a Common Foreign and Security State(s) Accession Number multilateral treaties between sovereign Policy together with cooperation in the of states, signed and ratified in accordance fields of Justice and Home Affairs. The Members with their customary constitutional Amsterdam Treaty added an Belgium Founding 6 procedures. These treaties, as amended, employment chapter and provides for the France Members are the source of constitutional law of the gradual introduction of common rules on Germany – 1958 EU. They set out the objectives of the immigration, asylum and visa policy. The Italy EU, create its institutions and regulate its Luxembourg Lisbon Treaty elevated the role of human The Netherlands functioning. The extent to which the rights protection and the promotion of institutions can make laws directly social justice and cohesion. It also added Denmark 1973 9 affecting business and people in the combating climate change on an Ireland Member States within the EU’s defined international level as a specific objective. objectives and competencies gives the Greece 1981 10 European Union a very different and Portugal 1986 12 much more powerful character than Spain other international organisations.

Austria 1995 15 The EU’s objectives and competencies Finland are set out in the preambles and Sweden sections of the various treaties. Its Cyprus 2004 25 fundamental task is to establish an Czech Republic internal market, Economic and Monetary Estonia Hungary Union, and “an ever closer Union among Latvia the peoples of Europe”. The internal Lithuania market is to be achieved through the Malta establishment of four “freedoms”: free Poland movement of goods, persons, services Slovakia Slovenia and capital. In addition to this, the Member States of the EU are to develop Bulgaria 2007 27 common economic policies in the areas Romania of fair competition, the environment,

© Clifford Chance LLP, November 2011 6 A Guide to the European Union The Institutions

The Institutions

The main institutions of the European others have experience as senior headed by a Chef de Cabinet (Chief of Union are the European Commission, the administrators, trade union leaders, Staff) who may deputise for the Council, the European Parliament, the academics or businessmen. Commissioner at Commission meetings. Court of Justice and the General Court. Their powers and duties derive from the The changed the The Commission functions as a treaties. This chapter describes how each procedure for nominating collegiate body in the sense that it bears of the institutions is structured and briefly Commissioners. The nomination of the collective responsibility for its acts. It outlines their functions. Some other President is a matter for the European functions by means of a majority vote European Union bodies are also covered. Council acting by qualified majority. and normally meets each Wednesday (or The chosen candidate is then subject Tuesday when in Strasbourg – see The European Commission to approval by the European European Parliament p. 7). Parliament. Thereafter, the Council, The European Commission is the acting by qualified majority and in Functions and administrative organ of the agreement with the appointed The Commission has four main EU and of central importance to its President, will adopt the entire list of functions: (i) initiation and preparation of functioning. It is located in various the other persons it intends to appoint legislation; (ii) implementation; (iii) buildings in ; a small number of as members of the Commission. supervision; and (iv) international its services are based in Luxembourg. All representation of the European Union. Commissioners have their offices in the The President decides on the allocation . of portfolios and may reassign (i) Initiation and preparation of responsibilities in the course of the legislation Structure Commission’s term of office. The In most cases, the Commission has the The Commission comprises 27 members President is also entitled to demand a sole right to initiate legislation within the (“Commissioners”). The administrative Commissioner’s resignation, subject to treaties. In this sense, it is the catalyst of functions of the Commission are carried the Commission’s approval. the European Union. It may act on the out by Directorates-General (“DGs”) and basis of submissions by other EU Services such as the Legal Service and Approval of the Commission institutions, interest groups and Secretariat-General; the latter essentially The Parliament must approve the individuals, or on its own initiative. In the acts as the interface between the 27 appointment of a new Commission and case of political co-operation in the Commissioners and the Directorates- its President and has the ultimate power Common Foreign and Security Policy General and between the Commission and of dismissing the whole Commission (but and in Justice and Home Affairs, the the other EU institutions (see Annex A). not part of it). Under the Amsterdam Commission shares its right of initiative Treaty the proposed Commissioners are with the Member States. The Lisbon The Commissioners are drawn from the presented to the Parliament, which must Treaty introduced the possibility of a Member States of the EU – one from each vote on each nomination. “Citizens’ Initiative” to give EU citizens (see Annex B). There has been much the power to request that specific discussion about capping the number of The Commission, including its President legislation be proposed by the Commissioners and introducing a system and five Vice-Presidents, are appointed Commission, if a petition collects one of rotation but for the moment, Member for a term of five years. The current million signatures from a “significant” States have opted to maintain each President is José Manuel Barroso, number of Member States. In March country’s Commissioners. former Prime of Portugal and 2010 it submitted a proposal for a this is his second term in the post. regulation on the initiative to the Commissioners are required to act European Parliament and Council. Finally, independently of their national Each Commissioner has a cabinet an agreement was reached in December governments and in the sole interest of (private office) to assist him or her. The 2010 which led to the formal adoption of the EU, but need not renounce their cabinets comprise internal Commission party political allegiances. In practice, Regulation No. 211/2011 dated16 staff, members of national February 2011. they have a natural affinity with their own administrations and others brought in by Member State, if only for linguistic the Commissioner. Cabinet members Once the Commission has decided to reasons. This is worth bearing in mind in work for the Commissioner personally any approach to the Commission. make a proposal in a particular area, it and are seen as the Commissioner’s will normally consult widely with representatives, each specialising in Many Commissioners have a interested parties before drafting and particular policy areas. Each cabinet is background in national politics while adopting its final proposal. These

© Clifford Chance LLP, November 2011 A Guide to the European Union 7 The Institutions

consultations may take place at the n preparing a draft budget for the EU Voting is mostly by qualified majority political, Member State, and to be approved by the Council and (although some decisions require trade union levels and may involve Parliament. unanimity). The number of votes industry, consumers and political attributed to Member States is set out in The Commission’s decisions in these elements. The Commission is often reliant the Lisbon Treaty; the votes that are areas can have a substantial impact on on external expert evidence and attributed are weighted to reflect the fact business. consequently wants, and needs, contact that the Member States are equal as with outside interest groups. Generally, (iii) Supervision members of the EU but different in terms therefore, the Commission is open to The Commission has been given the role of population. This system will continue receiving the views of any party of “guardian of the treaties”. As such it: until 2014. Thereafter, a qualified majority potentially affected by a legislative will consist of “a double majority” ( The n has a general responsibility to ensure proposal. Legislative Procedure ). the treaties’ provisions are properly Within the Commission, the proposal will carried out; Structure be discussed by the Commissioners and n supervises the implementation of EU The Council consists of Member States’ their cabinets, the specialist law by Member States; and representatives who are empowered to Directorates-General concerned and by commit their government. It takes n where necessary, it must consider the Legal Service. various forms. These are set out below in taking steps to remedy any breaches order of seniority. Consultation with Member States of EU law it identifies, ultimately, if typically takes place at meetings with necessary, by bringing an action (i) The Council of Ministers national civil servants who will be able to against the offending Member State The composition of the Council of advise the Commission on the in the Court of Justice. The Ministers varies depending on the acceptability of its proposal. Commission can also, since the entry subject under discussion. The General Consultations with other interested into force of the Maastricht Treaty, Affairs Council (composed of the foreign parties such as industry may be carried bring a further case against a ministers of all the Member States and out on a formal basis (e.g. via Green and Member State that fails to comply now chaired by the High Representative White Papers and public hearings) or with a judgment and may suggest of the Union for Foreign Affairs and informally, with those interested in putting the amount of a suitable fine to be Security Policy (currently Catherine their views to the Commission by means imposed. The Lisbon Treaty made it Ashton)) will discuss a variety of topics of written or oral submissions. quicker and easier for the and generally co-ordinate the work of Commission to bring proceedings for other ministerial councils. Sectoral (ii) Implementation enforcement of prior rulings and Councils such as Agriculture, Transport, As the executive of the EU, the extended its power to fine Member Energy or Environment deal with these Commission is responsible for: States to include as a penalty for topics and are made up of the relevant failing to implement a directive. national Ministers (e.g. all 27 Ministers of n the implementation of legal acts Agriculture attend the Agriculture Council adopted by the Council and (iv) International representation meeting; all 27 Transport Ministers attend Parliament; The Commission also represents the the Transport Council meeting and so n the implementation and European Union and conducts on). A Commission representative will administration of EU policies international negotiations (for example in also attend, though not as a full member. delegated to it by the Council such the World Trade Organisation). as competition policy, external trade The frequency of sectoral Council policy, the common agricultural policy The Council meetings depends on the subject area. and coal and steel. In these areas it The Council of the European Union is the The General Affairs, Economic and has substantial autonomous powers; centre of political control and the primary Financial Affairs and Agriculture Councils meet once a month, while the Transport, n administering the various funds decision-making body of the EU. The Environment and Industry Councils meet established by the treaties, e.g. the Presidency of the Council rotates every two to four times a year. social, structural and regional funds; six months between the Member States. Meetings of the Council mainly take place (ii) COREPER (Committee of n negotiating certain international in Brussels, although in April, June and Permanent Representatives) agreements on behalf of the EU; and October Ministers meet in Luxembourg. The COREPER meets weekly in two

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different formations, COREPER II, Lisbon Treaty and includes representing The additional three German MEPs consisting of Members States’ Permanent the EU externally on issues of Common elected in the 2009 elections have been Representatives (i.e. their Ambassadors to Foreign and Security Policy. The current allowed to continue to the end of the the EU) and COREPER I, consisting of President is Herman Van Rompuy. current legislature. The arrival of the 18 Deputy Permanent Representatives. additional members would temporarily The European Parliament raise the total number of seats to 754 A large number of decisions are taken (736 + 18). A transitional change in the The European Parliament is the only at COREPER meetings. Many legislative Lisbon Treaty is therefore required to proposals are adopted subject only to directly elected institution of the allow this temporary increase from 751 formal endorsement by the Council European Union and, as such, adds an to 754 and to enable the 18 new MEPs of Ministers. element of democratic control and to take their seats. accountability. Its powers were narrowly (iii) Working Groups restricted in the past but it has steadily National parliaments must ratify these These consist of representatives from the acquired greater influence and power changes. The 18 additional MEPs will Permanent Representations to the EU through a series of treaties. When take up their functions once the and officials from the national government adopting legislation, the Parliament is ratification process is finalised. departments. There are many different now on an equal footing with the Council sectoral working groups which meet as in most policy areas. Elections to the The number of MEPs from a Member necessary. They consider proposals in European Parliament take place every State depends roughly on the population detail and prepare them for discussion by five years, in advance of a new of that Member State. Germany, as the the COREPER and Council of Ministers. Commission taking office (MEPs must most populous country of the EU, is No formal minutes are taken of these approve the new team of entitled to 99 seats, the UK 72 and Malta meetings, although national officials may Commissioners). The next European 5. MEPs sit in political rather than national take their own notes. elections are due in June 2014. groupings. Following the most recent elections in June 2009, the largest of The European Council Structure these groups is the European People’s The last elections in the European Party (centre right) with 265 seats. The The European Council became an Parliament were held in June 2009 when Parliament includes political groups as well institution with the entry into force of the the Nice Treaty was still in force. In line as non-attached or independent MEPs. Lisbon Treaty. It consists of the Heads of with that Treaty, 736 Members of the State or Government, who may be European Parliament (MEPs) were elected The Parliament meets once a month accompanied by a government minister and are now in office. However, with the (except in August) for a plenary session when the agenda so requires, and the coming into force of the Lisbon Treaty in lasting for one week in Strasbourg. Commission President (who, unlike the December 2009, the number of seats Some shorter plenary sessions take Commission representative in the was due to increase to 751, with 18 place in Brussels where there are also Council of Ministers, is treated as a full additional seats for 12 Member States, monthly committee meetings usually member and entitled to vote). It meets and three fewer seats for Germany. lasting two to three days as well as twice a year, normally in June and in meetings of the political groups. December, for two days to decide the most important issues of EU policy and EFD EPP: European People’s Party NI 27 strategic direction. The Maastricht Treaty 29 GUE/NGL S&D: Progressive Alliance of Socialists & also gave it certain operational 34 Democrats EPP responsibilities in relation to Common 264 ECR ALDE: Alliance of Liberals and Democrats 56 Foreign and Security Policy and for Europe Economic and Monetary Union. Greens-EFA: Greens, European Free Greens/EFA 56 Alliance The European Council has its own President, elected by EU leaders for fixed ECR: European Conservatives and Reformists two and a half year terms, renewable GUE/NGL: Confederal Group of the once. However, the President can be ALDE 85 removed by a qualified majority of the European United Left, Nordic Green Left members of the European Council. The EFD: Europe of Freedom and Democracy S&D NI: Not Affiliated President’s role was created by the 185

© Clifford Chance LLP, November 2011 A Guide to the European Union 9 The Institutions

Site Committees of inquiry and of petition committee will typically consider a The Parliament normally holds monthly The Maastricht Treaty also gave proposal, but the primary responsibility plenary sessions in Strasbourg, but most Parliament the power to set up for formulating the Parliament’s Opinion committee meetings take place in temporary committees of inquiry to will be given to a single lead committee. Brussels. The bulk of its Secretariat is investigate contraventions of, or mal- based in Luxembourg. Some plenary administration in, the implementation of The Bureau sessions (known as minisessions) take EU law. Detailed provisions of the right of The Bureau is a regulatory body place in Brussels. inquiry have been adopted by common consisting of the Parliament’s President, accord of the Parliament, Commission fourteen Vice-Presidents and five Function and Council. Quaestors and has responsibility for The role of the European Parliament is Parliament’s budget, administrative and not strictly comparable to that of the The right of inquiry means that anyone financial organisation and staff matters. Member States’ parliaments, although resident in the European Union may The President of the Parliament is there are similarities. The Parliament’s petition Parliament on matters where the elected by the MEPs and either he (or functions can be categorised as European Union has competence. she) or one of the Vice-Presidents legislative, budgetary and supervisory. presides over plenary sessions of the Written and oral questions Parliament. The Conference of (i) Legislative Functions Written and oral questions provide MEPs Presidents (the President together with The role of the European Parliament in with an opportunity to obtain information the Chairmen of the political groups) has the legislative process varies according from the Commission and Council, or to considerable political influence and is to the procedure to be followed. highlight issues which they consider responsible for all legislative planning and Successive treaties have increased its important or relevant. Detailed relations with other institutions, national powers (see The Legislative Procedure information can be obtained through parliaments and non-EU countries. below). written questions, although they usually Administrative support for the Bureau take weeks to be answered. A more (ii) Budgetary Functions consists of a Secretariat and seven rapid response can be obtained at the Following the entry into force of the Directorates-General. Officers drawn monthly question time. Lisbon Treaty, the Parliament has an from these may attend the twice-monthly equal right of decision with the Council meetings of the Bureau and the Committees Conference of Presidents. over budgetary matters, including Twenty standing committees carry out adoption of the entire annual budget. much of the work of the Parliament, The Secretariat each covering a different area. In (iii) Supervisory The Parliament’s work is organised by addition, the Parliament sets up Functions/Institutional Control the Secretariat, headed by a Secretary- temporary committees, sub-committees General with a permanent staff of about The Ombudsman and committees of inquiry to examine 4,000. The Secretariat’s staff comprises The Maastricht Treaty provided for the specific problems (see Annex C). There permanent officials of the European appointment of a Parliamentary are 18 delegations dealing with relations Union who provide support to the Ombudsman. EU Citizens or legal with other parliaments and international President of the Parliament, the Bureau entities with registered offices in a institutions around the world. and the committees. It is based in Member State may complain to the Luxembourg but also has offices in Ombudsman about instances of The main work of the committees is the Brussels. maladministration in the activities of EU detailed examination of legislation institutions or bodies. The Ombudsman involving the drawing up of reports and The Court of Justice of the can also decide to conduct inquiries on opinions on proposals for legislation. A his/her own initiative. The Ombudsman rapporteur (lead MEP) chosen from European Union has no power to impose legal sanctions. amongst the committee members drafts The Court of Justice of the European The most effective weapon of the a report which is presented to the full Union (formerly the “Court of Justice of Ombudsman is therefore likely to be the committee and, if adopted, submitted to the European Communities”) is threat of bad publicity for the relevant EU the plenary session to be voted on responsible for the interpretation of EU institution. Under the Treaty, the together with an accompanying law. The Court includes: Ombudsman is appointed by the resolution which constitutes the n the Court of Justice (previously the Parliament for a period of five years. Parliament’s Opinion on the particular “European Court of Justice” (“ECJ”)); draft legislation. More than one

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n the General Court (previously the statute of the Court and where the Court judge. It may also sit as a Grand “Court of First Instance” (“CFI”)); and considers that a case is of exceptional Chamber of 13 judges or as a full court importance. It sits in a Grand Chamber when the legal complexity or importance n specialised courts, attached to the when a Member State or EU institution of the case justifies it. General Court, which can be set up that is a party to the proceedings so with the agreement of Parliament. requests, and in particularly complex or Function important cases. Other cases are heard The General Court was set up to reduce These courts should not be confused by Chambers made up of three or five the caseload of the Court of Justice and with the European Court of Human judges. The Chambers may undertake now deals with a wide variety of cases Rights in Strasbourg or the International certain preparatory inquiries or give rulings that are generally less politically Court of Justice in the Hague, which are in certain instances. sensitive. The Treaty of Nice significantly not European Union bodies. The Court of increased the responsibilities of this Justice and the General Court share the The role of the Advocate-General is to court. It is independent of the Court of same location in Luxembourg. produce an impartial and reasoned Justice in its judicial functions but uses opinion citing relevant case law in each the same administrative departments The Tribunal case brought before the Court of Justice. in Luxembourg. adjudicates in disputes between the EU This opinion is often the basis on which and its civil service. It took up its the Court reaches its judgment but is not The General Court hears almost all functions in 2005. binding on the Court. actions brought by private parties against (A) The Court of Justice EU institutions. It also has jurisdiction to Function hear actions brought by the Member Structure The cases heard by the Court of Justice States against the Commission. It deals The Court of Justice consists of 27 consist of references from national courts in particular with appeals on agriculture, Judges and eight Advocates- General for preliminary rulings on EU law, actions state aid, competition and anti-dumping appointed by agreement between the by, and against, Member States and cases. It also deals with cases arising Member States for a renewable term of appeals from the General Court on from the EU Trademark Registry. six years. The Court includes one judge points of law. from each Member State, so that all the Procedure EU’s national legal systems are Procedure The General Court is governed by the represented. However, for the sake of Court procedure is governed jointly by Treaties, the Decisions that established efficiency, it sits as a “Grand Chamber” of the Treaties, the Statutes (the ECSC, EC it, part of the Court of Justice Statutes, just 13 judges, instead of always having and EURATOM Statutes) and by the and its Rules of Procedure. Its to meet in a full court attended by all the Court of Justice’s own Rules of procedure is broadly similar to that of judges. Each judge and Advocate-General Procedure. The procedure consists of the Court of Justice. has his or her own “ cabinet ” of assistants. two parts: written and oral. The Court may also order a preparatory inquiry or Other European Union The administration of the Court of other measures of inquiry. Bodies Justice is the responsibility of the President of the Court, a judge (B) The General Court The Economic and Social Committee appointed by the other judges for a Commonly known as ECOSOC (although Structure renewable term of three years. The its official acronym is the “EESC”), the The General Court has 27 judges, who President directs the work of the Court, Economic and Social Committee is a are appointed by agreement between presides at hearings of the full Court and non-political, advisory body composed of the governments of the Member States at deliberations in the Deliberation Room representatives of various economic and for a renewable term of six years. The and has the power to order interim social interest groups throughout the President is elected by the other judges measures in urgent cases. The President Member States. It is a body that gives for a three-year period. There are no also assigns new cases and designates the EU’s economic and social partners permanent Advocates-General but a Judge-Rapporteur for each case; this (i.e. its employers, representatives of judges may be called upon to perform judge is responsible for the progress of small businesses and consumers, to that role in a limited number of cases. the case through the Court. name a few) the chance to issue their formal opinion on EU policies and The Court sits in Chambers of three or The Court of Justice may sit as a full court draft legislation. five judges, or in some cases, as a single in the particular cases prescribed by the

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The opinion of the ECOSOC is valued The take decisions and deliver and carries some weight with the The European Investment Bank (“EIB”) recommendations and opinions. Commission, particularly on more was set up in order to provide finance technical issues and subjects where it is (by way of loans) to projects which it The ECB, together with the national recognised that the Committee Members considers will further the development central banks of the EU’s Member have experience. It is based in Brussels. of the European Union. It is based States, make up the European System of in Luxembourg. Central Banks. The primary objective of The Committee of the Regions the European System of Central Banks is The Committee of the Regions (“COR”) The to maintain price stability so that the was set up by the Maastricht Treaty with The European Central Bank (“ECB”), European economy will not be damaged the intention of introducing a greater based in Frankfurt, was established in by inflation. Its tasks are to conduct measure of devolved power and June 1998 to replace the European foreign exchange operations, to hold and increasing visible . It is a Monetary Institute. The legal basis for manage the official foreign reserves of political assembly which provides local the ECB is the Treaty on the Functioning the Member States, to define and and regional authorities with of the European Union and the Statute implement the monetary policy of the EU representation in Brussels. of the European System of Central and to promote the smooth operation of Banks and of the European Central payment systems. Every three months The Treaty of Lisbon enhances the Bank. The Lisbon Treaty made the ECB the ECB reports on the activities of the COR’s role; the Commission has to an official institution of the EU with a European System of Central Banks. At consult with local and regional authorities distinct legal personality. the time of printing 17 Member States as early as possible, including in the pre- were included in the zone: Austria, legislative phase. The ECB is in charge of the EU’s single Belgium, Cyprus, Estonia, Finland, currency, the euro, and has the exclusive France, Germany, Greece, Ireland, Italy, The Court of Auditors right to authorise the issue of banknotes Luxembourg, Malta, the Netherlands, The European Court of Auditors is within the Member States participating in Portugal, Slovakia, Slovenia, and Spain. responsible for overseeing the finances monetary union. The ECB independently of the EU and the bodies set up by it, manages European monetary policy and with the exception of the European decides on the level of interest rates. It is Investment Bank. It sits in Luxembourg. also empowered to make regulations,

© Clifford Chance LLP, November 2011 12 A Guide to the European Union Legislation

Legislation Types of Legislation as anti-dumping cases, and in the issues and may be addressed to financial services sector as implementing Member States, companies or EU legislation consists of primary measures under . individuals. They are binding upon those legislation, that is, the treaties signed to whom they are addressed. They are directly by and between the Member Directives normally used for the administrative States, and secondary legislation, which Directives, unlike regulations, are not implementation of EU law. Examples must fall within the competence of one directly applicable in the Member States. include large mergers which fall under of the treaties. The treaties (notably the Instead, they are binding as to the result the Merger Control Regulation. Treaty on the Functioning of the to be achieved, but leave to the Member European Union (Treaty of Rome), the States’ authorities the choice of form and Recommendations and Opinions Single European Act, the Treaty on the method. A deadline is set for These are not binding, but are useful European Union (Maastricht Treaty), the implementation of a directive’s provisions indications of current policy and Amsterdam Treaty, the Nice Treaty, and into national legislation (if appropriate future legislation. the Lisbon Treaty) override national legislation is not already in place). This legislation. Secondary legislation consists deadline of the EU directive is usually The Legislative Procedure mainly of regulations, directives and eighteen months from publication in the The legislative procedure of the EU is decisions. Secondary legislation can be Official Journal of the EU. Member States complex, with each of the main challenged on the grounds that it is ultra thus have some discretion as to the institutions involved to differing degrees vires , e.g. that it exceeds the scope of method and timing of implementation and at different stages depending on the relevant treaty. It can also be and, to the extent permitted by the the procedure being followed. Generally challenged if the correct procedure as wording of the directive, as to the speaking, directives, regulations and laid down in the treaty is not followed. substance. Traditionally, directives were decisions are proposed by the Secondary legislation must follow the the preferred means by which Commission and adopted by the principle of “subsidiarity”, i.e. measures harmonisation of legislation throughout Council and the Parliament; ECOSOC must only be taken at EU level where the EU and regulation of trade and and COR play a consultative role by their objectives cannot be sufficiently industry was brought about but in certain issuing opinions where required by achieved at Member State level. areas there has been an increase in the the treaties. use of regulations. It is the Commission’s If there is a conflict between a treaty role to ensure that Member States Ideas for Commission legislative provision, or legislation made under the implement directives correctly and on time proposals derive from many sources authority of a treaty, such as regulations and it regularly brings proceedings in the and those which are to be pursued are and directives, and national legislation, Court of Justice against Member States included in the Commission’s annual the former takes priority. This principle of for failure to implement EU directives. the supremacy of EU law applies to both legislative work programme (normally published towards the end of each legislation and judge-made law. In If a directive has not been fully calendar year). One Commission DG practice, the principle can impose implemented in a Member State, or not will normally take the lead in significant constraints on the laws that implemented within the prescribed time formulating the details of a particular can be enacted by a national legislature. limit, it may have “direct effect”. This proposal. means that it can be enforced against Regulations state bodies and certain other bodies The Commission officials in this DG will A regulation of the Council, or a joint linked to the state in the national courts consult formally or informally with Council and Parliament regulation, has of the Member States, (i) if it is precise as interested parties, particularly “Expert direct and general application in the to the rights granted, (ii) unconditional, Groups” of industrialists, scientists and Member States. If there is any conflict (iii) and the date for implementation has national civil servants, Member States, with national laws then the EU regulation passed. If there is conflict between the other DGs and the Commissioners’ will prevail. The Commission also has the implementing legislation and the EU cabinets. When the lead DG is satisfied right to issue Commission regulations on directive, the national legislation is with the proposal it will pass it on to subjects that fall under its administrative subordinate to the EU legislation, both in other DGs with an interest in the functions. These are limited to certain word and in spirit. specific sectors, such as the proposal for formal consultations. The proposal will then go to the administration of the common Decisions Commissioners via their cabinets, for agricultural policy, competition and state Decisions are issued by the Council and adoption as Commission policy. aid rules, international trade issues, such the Commission. They address specific

© Clifford Chance LLP, November 2011 A Guide to the European Union 13 Legislation

Non-controversial proposals may be Whichever procedure is followed, the Country Votes approved by the members of the Council is almost always involved. The Commissioners’ cabinets, subject to majorities required in the Council to France, Germany, Italy and the UK 29 endorsement by the Commission. adopt different types of legislation will Poland and Spain 27 Controversial proposals are discussed by vary. The Treaties require either the Commissioners themselves. The unanimity (increasingly rare but still Romania 14 Commission is a collegiate body and, as used, for example, for taxation The Netherlands 13 such, takes decisions collectively. matters) or a qualified majority. The Belgium, the Czech Republic, 12 Decisions taken by way of majority voting Council may also take certain decisions Greece, Hungary and Portugal (i.e. 14 out of 27 votes) are thereafter the by simple majority. decisions of the Commission as a whole. Austria, Bulgaria and Sweden 10 The unanimity requirement, when Denmark, Finland, Ireland, 7 The Lisbon Treaty strengthened the role applicable, means that one Member Lithuania and Slovakia of national parliaments in the legislative State may block a proposal even if all Cyprus, Estonia, Latvia, 4 process; they were given powers to have the other Member States are in favour. Luxembourg and Slovenia direct input into European legislation and To avoid this situation (particularly in an to challenge legislation they consider enlarged Union), the Amsterdam Treaty Malta 3 unnecessary. The Commission must extended qualified majority voting send all proposals for legislation to (“QMV”) to several areas where A qualified majority is obtained if a national parliaments so that they can unanimity was previously required and decision receives a specified number of decide whether they conform with the many of the new provisions it introduced votes (255 votes out of a total of 345 at principle of subsidiarity (i.e. whether they are also subject to QMV. These include the time of writing) and is approved by a are being addressed at the appropriate measures concerning employment, majority of Member States. In addition, a level – European, national or local). One social exclusion, sex equality, public Member State may ask for confirmation third of national parliaments can send a health and customs co-operation. that the qualified majority represents at proposal back to the Commission for least 62% of the total population of the review (a “yellow card”). If a simple The Treaty of Nice allowed QMV in ten EU. If this is found not to be the case, majority of national parliaments continues further areas where unanimity was the decision will not be adopted. to object to a proposal, the Commission previously required. They included must refer the reasoned objection to the freedom of movement for citizens, The Council will reach decisions under Council and the European Parliament (an judicial co-operation in civil matters, the new form of QMV, called “double “orange card”). The time allowed for the conclusion of international qualified majority voting” from 2014 ( The national parliaments to scrutinise draft economic financial and technical Council) . Under the new voting system, a laws was increased from six to eight cooperation with third countries and measure will be approved when it is weeks by the Lisbon Treaty. the Rules of Procedure of the EU supported by 55% of the Member States Courts. The Lisbon Treaty extended (15 out of 27), provided they represent National parliaments must be notified of QMV further to other areas including 65% of the total EU population. A proposals for amendment of the EU certain aspects of intellectual proposal will be capable of being Treaties and of applications for accession property, energy policy, the blocked by at least four Member States, to the EU. National MPs have a right to negotiation and conclusion of representing more than 35% of the participate in any IGC convened to agreements with one or more third population of the EU (a “blocking examine Treaty amendments. countries or international organisations, minority”). and measures concerning judicial co- Once the Commission has adopted a operation in civil matters having a Between 1 November 2014 and 31 proposal it is allocated a “COM” cross-border dimension. March 2017, a member of the Council document number and passed to the may request that a piece of legislation be Council and Parliament for further With QMV, each Member State is adopted using the Nice Treaty system of consideration. The exact procedure awarded a “weighting” roughly weighted voting rights. from this point depends on the legal commensurate with its population. base of the proposal. The main The Treaty of Nice changed the A declaration to the Treaty of Lisbon procedures used are set out below weighting of votes from 1 January 2005. imposes an obligation on the Council to (Types of Legislative Procedures ). discuss an issue where Member States

© Clifford Chance LLP, November 2011 14 A Guide to the European Union Legislation

representing at least three quarters of majority if it approves all of the culture, transport policy, health, either the population or the number of Parliament’s amendments (or if consumer protection, research, the Member States necessary to constitute a Parliament has not proposed any environment, legal immigration, criminal blocking minority indicate their amendments) or it adopts a common judicial co-operation, police co- opposition to a proposal. After 1 April position based on the Parliament’s operation, and some aspects of trade 2017, this percentage will drop to 55%. amendments. and agriculture policy (but not to the Member States may, therefore, be able Common Foreign and Security Policy). to delay the passing of legislation while Where the Council has adopted a seeking to rally further support in order common position, this position is In some areas there has been an to reach the blocking minority threshold. communicated to the Parliament for a increase in the number of agreements in Second Reading. Within three months a single reading under the ordinary All voting in the Parliament is by simple the Parliament may either: (i) take a legislative procedure. This is particularly majority (i.e. a majority of MEPs voting). decision; (ii) approve the common the case with legislation that has strong position; or (iii) amend the common political backing or when the institutions Types of Legislative position. The Parliament may also perceive the need for speedy action in Procedures indicate its intention to reject the response to events, e.g. the measures common position, by an absolute introduced in the wake of the 2008 There are five main legislative majority of its members. If the Parliament financial crisis. In practice, when procedures; the area of competence has not proposed any amendment, the agreement in first reading is sought, the covered and the provisions of the Council will adopt the proposal Parliament and Council examine the relevant treaty dictate which must be definitively. Otherwise the Council has Commission proposal simultaneously followed. The main features of these three months to approve all of the and then convene a committee (similar to procedures are outlined below. The most Parliament’s amendments and adopt the the conciliation committee) to try and commonly used is the ordinary legislative proposal definitively. reach agreement through a series of procedure. trialogue meetings involving the If within three months the Council has Commission, Parliament and Council. (a) Ordinary Legislative Procedure not approved all of the Parliament’s The ordinary legislative procedure amendments, a Conciliation Committee (b) The Special Legislative Procedures (formerly the co-decision procedure), is convened within the next six weeks. A (i) Co-operation Procedure introduced by the Maastricht Treaty, is Conciliation Committee is composed of This procedure was introduced by the now the most common method of members of the Council, an equal Single European Act and gave the passing EU law. It gives the Parliament number of MEPs and a Commission Parliament a stronger role than in the the right to amend or reject draft texts representative. Its task is to reach consultation procedure (see below). and requires the Parliament and the agreement on a joint text on the basis of However, since the introduction of the Council to seek agreement on a the Council’s common position and the Amsterdam Treaty it has only been common text. The procedure was Parliament’s amendments. used for matters relating to economic simplified by the Amsterdam Treaty and and monetary union. In other areas it its sphere of application extended to new If the Committee reaches agreement has been replaced by the ordinary provisions of the treaty as well as to within six weeks, the joint text may be legislative procedure. areas which previously came under the adopted by the Parliament by a simple assent, consultation or co-operation majority and, by a qualified majority of (c) Consultation Procedure procedures (see below). The Lisbon the Council. If the Committee does not The Commission issues a draft proposal. Treaty further extended the application of reach agreement, the proposal falls (i.e. it The Parliament gives an opinion on the the procedure. is abandoned). Similarly, if the joint text is proposal which is not binding. Although not approved by either the Council or the opinion is not binding, the Council The Commission submits a proposal to Parliament, it again falls. cannot take a decision until it has the European Parliament and the received the Parliament’s opinion, in Council. It must also be forwarded to The ordinary legislative procedure is used accordance with the case law of the national parliaments. The Parliament in the majority of policy areas, including: Court of Justice. The Council may then gives its opinion and forwards it to the free movement for workers, freedom of adopt the proposal (by a qualified Council, with or without amendments. establishment, freedom to provide majority or unanimous vote), whether or After receiving the Opinion, the Council services, the internal market, education, not the Parliament’s opinion is in favour. either adopts the proposal by a qualified

© Clifford Chance LLP, November 2011 A Guide to the European Union 15 Legislation

This procedure was the earliest process unanimous decision, but must secure the (e) Adoption by Council within the EU but has become less and assent of the Parliament. The In certain areas the Council, having less important since the co-operation Parliament’s assent is also required for received a proposal from the Commission, and ordinary legislative procedures came important international agreements is entitled to adopt legislation without into being. concluded between the EU and a non- involving the Parliament, for example, in member country or group of countries, relation to trade law and economic (d) such as the accession of new Member policy. The Council will generally, by The Single European Act introduced the States and association agreements with convention, inform the Parliament and assent procedure, which is now known third countries. The scope of the allow it to comment. It is not bound by as the consent procedure. The scope of procedure also applies to the such comments. the procedure was extended by the organisation of the Structural and Maastricht Treaty, but subsequently Cohesion Funds. The Parliament’s assent reduced by the . requires an absolute majority of the total Under this procedure the Council acts by number of MEPs.

© Clifford Chance LLP, November 2011 16 A Guide to the European Union Glossary of terms

Glossary of terms

Adoption by Council Part of the legislative procedure

Advocate-General Member of the European Court of Justice

Bureau Regulatory body governing the activities of Parliament

Cabinet Private office of the Commissioner

CFI See Court of First Instance CFSP Common Foreign and Security Policy

Charter of Fundamental Rights Signed by the Presidents of the European Parliament, the Council and the Commission in December 2000 and made legally binding by the Lisbon Treaty on the European institutions and Member States when they are implementing EU law, the Charter is a codified catalogue of the civil, political, economic and social rights of European citizens and all persons resident in the EU

Chef de Cabinet Chief of Staff

CJEU Official acronym of the Court of Justice of the European Union

Commissioner Member of the European Commission

Common Position Draft of legislative proposal agreed by Council

Conciliation Committee Committee involved in co-decision procedure whose task is to find a text which is acceptable to both the Council and the European Parliament

Consultation Procedure A legislative procedure

Co-decision Procedure Now called the “Ordinary Legislative Procedure”

Co-operation Procedure A legislative procedure

COM Each Commission legislative proposal is allocated a “COM” document number

Comitology Procedure to be followed by the Commission for the adoption of certain implementing measures. It involves specialist committees

Constitutional Treaty A text agreed in June and signed in October 2004 which never came into force because it failed to be ratified by all the Member States (rejected by France and the Netherlands in referenda in 2005)

COR Committee of the Regions

COREPER Committee of the Permanent Representatives of the Member States

Court of Auditors Official EU institution overseeing the finances of the EU

Court of First Instance The lower EU court now known as the General Court

Court of Justice of the European Union The highest judicial authority in the EU. See also CJEU, European Court of Justice and ECJ

Decision Form of communication addressed to individual Member States, companies or persons with binding effect Directive Type of legislation made under the authority of a Treaty

Directorate-General (DG) Department of the Commission looking after a particular policy area (similar to a national ministry)

© Clifford Chance LLP, November 2011 A Guide to the European Union 17 Glossary of terms

EC European Community (formerly the European Economic Community and now the European Union) EC Treaty See the Treaty of Rome

ECB European Central Bank

ECJ Unofficial but frequently used acronym for the Court of Justice of the European Union (see p. 9)

ECOSOC/ESC Economic and Social Committee ECSC European Coal and Steel Community

EEC European Economic Community (now re-named the European Union)

EEC Treaty Re-named the EC Treaty - see the Treaty of Rome

EIB European Investment Bank

EU European Union

EURATOM European Atomic Energy Community

European Central Bank Responsible for the Euro and monetary policy

European Commission Commission of the European Communities

European Council High level meeting of the Heads of State or Government of the 27 Member States

European Court of Justice Unofficial name of the Court of Justice of the European Union (the official acronym is CJEU but it is more commonly known as the ECJ)

European Monetary Institute Replaced by the European Central Bank

IGC Intergovernmental Conference

Maastricht Treaty Formally known as the – established the European Union in 1993

MEP Member of the European Parliament

OJ Acronym used for the Official Journal of the European Union

Ordinary Legislative Procedure Legislative procedure

Parliament European Parliament

Qualified Majority Voting procedure of the Council

Regulations Type of legislation made under the authority of an EU treaty

SEA Single European Act, entered into force 1 July 1987 providing adaptions to further the objective of achieving a single market

Summit European Council Meeting

© Clifford Chance LLP, November 2011 18 A Guide to the European Union Glossary of terms

Treaties Primary EU legislation

Treaty of Amsterdam Signed in October 1997 and came into force on 1 May 1999 making substantive changes to the Maastricht Treaty and the EC Treaty, as well as renumbering all the Articles of these treaties

Treaty of Lisbon Signed in December 2007 and came into force on 1 December 2009, strengthening the role of the European Parliament and creating the role of President of the European Council and High Representative for Foreign and Security Policy

Treaty of Nice Signed in December 2000 and came into force on 1 February 2003, introducing institutional changes to pave the way for enlargement

Treaty of Rome Came into force on 1 January 1958, formerly the Treaty establishing the European Economic Community, which then became known as the European Community or EC Treaty, and is now referred to as the Treaty on the Functioning of the European Union (TFEU) (see p. 3)

Treaty on European Union See Maastricht Treaty

Treaty on the Functioning of the European Union See Treaty of Rome

© Clifford Chance LLP, November 2011 A Guide to the European Union 19 Annex A

Annex A Directorates-General and Services of the European Commission

Departments (DGs) n (JRC) n Agriculture and Rural Development (AGRI) n Justice (JUST) n Budget (BUDG) n Maritime Affairs and Fisheries (MARE) n Climate Action (CLIMA) n Mobility and Transport (MOVE) n Communication (COMM) n Regional Policy (REGIO) n Competition (COMP) n Research and Innovation (RTD) n Economic and Financial Affairs (ECFIN) n Secretariat General (SG) n Education and Culture (EAC) n Taxation and Customs Union (TAXUD) n Employment, Social Affairs and Inclusion (EMPL) n Trade (TRADE) n Energy (ENER) n Translation (DGT) n Enlargement (ELARG) Services n Enterprise and Industry (ENTR) n Bureau of European Policy Advisers (BEPA) n Environment (ENV) n Central Library n EuropeAid Development & Cooperation (DEVCO) n European Anti-Fraud Office (OLAF) n (ESTAT) n European Commission Data Protection Officer n Foreign Policy Instruments Service (EEAS) n Historical archives n Health and Consumers (SANCO) n Infrastructures and Logistics - Brussels (OIB) n Home Affairs (HOME) n Infrastructures and Logistics - Luxembourg (OIL) n Humanitarian Aid (ECHO) n Internal Audit Service (IAS) n Human Resources and Security (HR) n Legal Service (SJ) n Informatics (DIGIT) n Office For Administration And Payment Of Individual Entitlements (PMO) n Information Society and Media (INFSO) n Publications Office (OP) n Internal Market and Services (MARKT) n Interpretation (SCIC)

© Clifford Chance LLP, November 2011 20 A Guide to the European Union Annex B

Annex B Commissioners and their Portfolios

José Manuel Barroso Portugal President

Catherine Ashton UK Foreign Affairs and Security Policy (Vice-President)

Viviane Reding Luxembourg Justice, Fundamental Rights and Citizenship (Vice-President)

Joaquín Almunia Spain Competition (Vice-President)

Siim Kallas Estonia Transport (Vice-President)

Neelie Kroes The Netherlands Digital Agenda (Vice-President)

Antonio Tajani Italy Industry and Entrepreneurship (Vice-President

Maroš Sef čovi č Slovakia Inter-institutional Relations and Administration (Vice-President)

Janez Poto čnik Slovenia Environment

Olli Rehn Finland Economic and Monetary Affairs

Andris Piebalgs Latvia Development

Michel Barnier France Internal Market and Services

Androulla Vassiliou Cyprus Education, Culture, Multilingualism and Youth

Algirdas Semeta Lithuania Taxation and Customs Union, Audit and Anti-Fraud

Karel De Gucht Belgium Trade

John Dalli Malta Health and Consumer Policy

Máire Geoghegan-Quinn Ireland Research, Innovation and Science

Janusz Lewandowski Poland Financial Programming and Budget

Maria Damanaki Greece Maritime Affairs and Fisheries

Kristalina Georgieva Bulgaria International co-operation, Humanitarian Aid and Crisis Response

Günther Oettinger Germany Energy

Johannes Hahn Austria Regional Policy

Connie Hedegaard Denmark Climate Action

Štefan Füle Czech Republic Enlargement and European Neighbourhood Policy

László Andor Hungary Employment, Social Affairs and Inclusion

Cecilia Malmström Sweden Home Affairs

Dacian Ciolo ş Romania Agriculture and Rural Development

© Clifford Chance LLP, November 2011 A Guide to the European Union 21 Annex C

Annex C European Parliament Committees Standing Committees Development the European Security and Defence Agriculture and Rural Development Responsible for the promotion, Policy (ESDP). It is responsible for the Responsible for co-operation of the implementation and monitoring of the strengthening of political relations with common agricultural and forestry policy, development and co-operation policy of third countries. It also deals with the rural development, veterinary legislation, the EU. opening, monitoring and concluding of agri-foodstuffs industry and the negotiations concerning the accession of Community Office for Plant Varieties. Economic and Monetary Affairs countries to the EU. Responsible for monetary policy, medium Budgetary Control and long-term economic and monetary Human Rights Responsible for accounts and planning, tax provisions, rules on A sub-committee of the Foreign expenditure of the EU, control of financial competition and State or public aid, Affairs Committee, it assists in issues activities of the European Investment progressive establishment of the concerning human rights, the Bank and relations with the Court of Economic and Monetary Union and protection of minorities and the Auditors. relations with the ECB. promotion of democratic values in third countries. Budgets Employment and Social Affairs Responsible for exercise of the European Responsible for living and working Security and Defence Parliament’s budgetary powers. conditions, employment policy, pensions, A sub-committee of the Foreign salary and equal pay, vocational training, Affairs Committee, it assists in Civil Liberties, Justice and Home free movement of workers, migrant security and defence related matters. Affairs workers and information and Responsible for matters relating to consultation of workers. Industry, Research and Energy citizens’ rights, human rights and Responsible for the Union’s industrial fundamental freedoms in the EU, Environment, Public Health and policy and the application of new discrimination, personal data and the free Food Safety technologies, including measures relating movement of such data, matters relating Responsible for EU environmental policy to SMEs; research policy; space policy; to the maintenance and development of and protection at regional and the activities of the Joint Research an area of freedom, security and justice. international level, food safety issues Centre and the Central Office for Nuclear (labelling and veterinary legislation) and Measurements. It is also responsible for Constitutional Affairs public health (programmes on health measures relating to energy policy in Responsible for matters relating to the education, pharmaceutical products, general, the security of energy supply development of , the medical research, cosmetic products and energy efficiency including the institutional consequences of and civil protection). establishment and development of trans- enlargement, the implementation of the European networks. EU Treaty, general relations with the Fisheries other institutions of the EU, the Rules of Responsible for the operation and Internal Market and Consumer Procedure of the European Parliament development of the common fisheries Protection and the drawing up of a draft uniform policy and its management; the Responsible for the free movement of electoral procedure. conservation of fishery resources; the goods, including the harmonisation of common organisation of the market in technical standards; the right of Culture and Education fishery products; structural policy in the establishment; the freedom to provide Responsible for youth policy and the fisheries and aquaculture sectors, services except in the financial and development of a sports and leisure including the financial instruments for postal sectors; measures aiming at the policy; information and media policy; fisheries guidance; and international identification and removal of potential audiovisual policy and the cultural and fisheries agreements. obstacles to the functioning of the educational aspects of the information internal market and the promotion and society; the EU’s education policy and Foreign Affairs protection of the economic interests of cultural aspects. Responsible for the EU’s Common consumers, except for public health and Foreign and Security Policy (CFSP) and food safety issues.

© Clifford Chance LLP, November 2011 22 A Guide to the European Union Annex C

International Trade of the Union’s regional policy; assessing Special Committees Responsible for matters relating to the the impact of other Union policies on establishment and implementation of the economic and social cohesion; co- Financial, Economic and Social EU’s common commercial policy and its ordination of the Union’s structural Crisis external economic relations, in particular instruments; the outmost regions and Established in October 2009 to analyse financial economic and trade relations islands as well as trans-frontier and and evaluate the extent of the financial, with third countries, relations with interregional co-operation; and relations economic and social crisis, its impact on international organisations and relations with the Committee of the Regions, the Union and its Member States, and with the WTO. inter-regional co-operation organisations the state of world governance. The and local and regional authorities. Committee is expected to propose Legal Affairs appropriate measures for the long-term Responsible for legal issues, e.g. civil Transport and Tourism reconstruction of sound, stable financial and commercial law, company law, Responsible for the development of a markets able to support sustainable intellectual property law, procedural law, common policy for rail, road, inland growth, social cohesion and employment environmental liability and sanctions waterway, maritime and air transport, in at all levels, and to provide an against environmental crime; ethical particular the common rules applicable assessment of the effect of those questions related to new technologies; to transport within the EU, the measures and the cost of inaction. The the interpretation and application of EU establishment and development of Committee also analyses and evaluates law and of international law in so far as trans-European networks in the area of the current implementation of European the EU is affected; and the organisation transport infrastructure, the provision of Union legislation. and statute of the Court of Justice. transport services and relations in the field of transport with third countries; Petitions transport safety and relations with Responsible for examination of petitions international transport bodies and and relations with the Ombudsman. organisations. It is also responsible for postal services and tourism. Regional Development Responsible for regional and cohesion Women’s Rights and Gender Equality policy, in particular the European Responsible for the definition and Regional Development Fund, the evolution of women’s rights in the EU Cohesion Fund and other instruments and the policy on equal opportunities.

© Clifford Chance LLP, November 2011 A Guide to the European Union 23 Clifford Chance contacts

Clifford Chance contacts

Michel Pet ite Oliver Bretz Andriani Ferti Avocat of Counsel Partner Associate T: +33 14405 5244 T: +32 2533 5965 T: +32 2533 5057 E: [email protected] E: [email protected] E: [email protected]

Gail Orton Alan Mak Advisor Lawyer T: +33 14405 5140 T: +44 20 7006 2804 E: [email protected] E: [email protected]

© Clifford Chance LLP, November 2011 © Clifford Chance LLP, November 2011 This publication does not necessarily deal with every important topic nor cover every aspect of the topics with which it deals. It is not designed to provide legal or other Clifford Chance LLP is a limited liability partnership registered in England and advice. Wales under number OC323571. If you do not wish to receive further information from Clifford Chance about events or Registered office: 10 Upper Bank Street, London, E14 5JJ. legal developments which we believe may be of interest to you, please either send We use the word ‘partner’ to refer to a member of Clifford Chance LLP, or an an email to [email protected] or contact our database employee or consultant with equivalent standing and qualifications. administrator by post at Clifford Chance LLP, 10 Upper Bank Street, Canary Wharf, London E14 5JJ. www.cliffordchance.com

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