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IIIHistory Governance in the European Union
A) Why reform the European Governance? B) Five principles of good governance and for a useful change(according to the Commission) C) The proposals for change D) Follow-up of the white paper E) Multilevel governance
European Governance and the European Law European Governance in constitutional context
Part 2: Main Actors of European Governance
IThe European Commission
A) Composition B) Role
IIA) B) C) D)
The Council of the European Union
Members Presidency Role The taking of decisions
The European Parliament
A) Members B) Political initiative C) Budgetary powers
The European Court of Justice (ECJ) The Court of Auditors Advisory
A) B) C) D) The Social and Economic Committee The committee of the regions The Ombudsman The European Central Bank
The Civil Society
Part 1: The Reform of European Governance IHistory
The notion of governance comes from the french middle age= « administration of local territories. An English word = the method of organization of the feudal powers before disappearing when Nation States took control of Europe , the sovereign State emerged The word comes back in the discourses at the end of the 1980 s = reports from the IMF (International Monetary Fund) EG= a new policy approach by the IMF of its task. IMF wants the States to adopt specific policies, but cannot violate their sovereignty. « good governance ». The IMF wants the countries benefitting of its financial programs not to waste the money furnished, and pretends that it can only be so if there is «good governance». Good governance is then proclaimed as a precondition to economic and social efficiency, and also as a precondition for the benef it of any IMF program. In this conception, it is clear that « governance » is not equivalent to « government ». The IMF just cannot claim it wants a « good governement », because it has to respect the sovereignty of States. And the notion of governance has precisely been used to « de politize » the intervention of the IMF. In this conception, the government is probably a part of what is governance, but it is just a part of the picture, not the whole. Governance is more generally expressing the way a society function. Then, in the IMF s talks, the governance of a society is the way this society functions, whatever the method used.
Governance in the European Union
The notion of governance enters in the European language during the 90 s. The Single European Act has been signed in 1986 = creation of the open market But the EC (European Commission) faces new challenges: the end of the cold war; the enlargement; the globalization; the global challenges like terrorism and the environmental problems.
The treaty of Maastricht was signed in 1992 = creation of the EU and launched the economic and monetary union. It is considered as a step toward a renewed Europe But it is insufficient to organize the Union in a real efficient way. The Treaty of Nice was signed in 2001. It prepared the enlargement But it was still insufficient in order for the treaty making process to be efficient. At the same time the Treaty if Nice was rejected by Irish people in a first vote. At this moment, the European Commission has to find a way of dealing with the crisis. It adopts a white paper titled « European governance » in 2001 = to present the better way to improve European governance in a time of perplexity, caused by the inefficiency of the treaties, and the lack of democracy of the decision making process. = show the current movement of the new European way of behaving as a political body. = the result of the debate on the extent to which the traditional supranational and top down Community command-and-control method is still the right way to proceed, and what new forms of European governance intergovernmental and non- governmental should be explored and promoted with a view to ensuring good governance in the EU. Contain: Why the European governance should be reformed. It explains what should be the right principles for a new governance. A series of proposals for change.
= It is also defining governance in this way: Governance means rules, processes and behavior that affect the way in which powers are exercised at European Level, particularly as regards openness, participation, accountability, effectiveness and coherence.
A) Why reform the European Governance?
- Democratic and popular problem: There is a perception by the Europeans that the Union is not able to meet their expectations. People no longer trust the system (some vote no to Europe when they are asked), but at the same time they seem convinced that only Europe can seize the opportunities o f globalizations for economic and human development, respond to environmental challenges, and deal with regional conflicts. They expect (this is what the Commission writes) the Union to act as visibly as national governments. - The Union is changing. Its agenda extends to foreign policy and defense, migration and the fight against crime. It is expanding to include new members. It is no longer judge by its ability to remove barriers to trade or to complete an internal market.
- In order to respond to this si tuation, « there is a need for urgent action to adapt governance under the existing treaties, but also for a broader debate on t he future of Europe ». That means, for the Commission, reforming the community methods to establish a better coherence in the Union s politics.
B) Five principles of good governance and for a useful change
- Openness: the institutions should work in a more open manner - Participation: Improved participation is likely create more confidence in the end result and in the Institutions which deliver policies - Accountability: Each of the EU institutions must explain and take responsibility for what it does in Europe. - Effectiveness: Policies must be effective and timely. - Coherence: Policies and actions must be coherent and easily und erstood. Moreover, according to the Commission, the application of these principles should reinforce other principles, like proportionality and subsidiary = the linear model of dispensing policies from above (the pyramidal model) must be replaced by a virtuous circle, based on feedback, networks and involvement from policy creation to implementation at all levels.
C) The proposals for change
4 sections : better involvement; better policies, regulation and delivery; contribution to
global governance; refocused policies and institutions.
1- Better involvement
Its means: a better involvement of the citizens, through a better communication with the general public on European issues. a better involvement of the public authorities which are not the State members, for communication purposes.
It suggests using regional and local democracy, at the level of which there is some responsibility in the implementation of the European policies. a better interaction in a multi level partnership, in which not only Member States, but also the regions and the cities take their part. the local level should serve the mediatisation of the EU policies, in the reverse it should also be taken into account by the EU when it elaborates its policies. The
etc. it should itself be representative. - A greater flexibility = difficulty to have EU rules covering efficiently the whole territory in the exact same way. which must itself follow the principles of good governance. Trade Unions and employers organizations for example have a particular role and influence. when. - involving civil society = Civil society plays an important role in Europe. But the Commi ssion precise that « better consultation complements. advisory committees. communications. because the fact is that local conditions are different. by using regional and local democracies. Civil societies could thus be involved through the enforcement of consultation and dialogue. that should be coherent. between competing claims and priorities. institutional or administrative system. This is in fact a way for Europe to pass through the State in order to directly touch on the local field. That means a particular responsibility for civil society. It is then suggested in the white paper to utilize the potential of civil society t o broaden the debate on Europe and its legislation. and to give to citizens actively involved a structured channel for feedback. which include accountability and openness. EU tries to overpass the State level in order to directly communicate with the individuals. - more effective and transparent consultations at the heart of European policy shaping. The method should be for the EU to act on a target based and tripartite contract (EU. Here the commission commits to consult interested parties through different instruments such as green and white papers. criticism and protest. decision making by the institutions. in order to arbitrate. Local authority). Involvement of the civil in policy shaping. for the civil society to have a legitimate voice. Then it is suggested to create a code of conduct that sets minimum standards focusing on what to consult on. The approach concerns regulations or directives in fields where subnational public authorities are responsible for implementation within the national. - overall policy coherence = relates to territorial development actions at different level. and does not replace. State. we will revert to that code of conduct when we will talk about the civil society). That means also to strenghten the role of the Economic and Social Committee. business test panels. It would. at the moment of the taking of decisions. and how to consult (the Commission has done so in 2002.Commission calls for a systematic dialogue with European and national associations of regional and local governments in the context of the decision making process. Flexibility in this context means taking due account of the territorial impact of any legislation at the moment of its implementation. Indeed. . whom.
the right instrument should be u sed: regulations when there is a need for uniform application and legal certainty across the Union. the Commission considers that it depends on 7 factors : Checking the appropriateness of any intervention of the Union pragmatism: legislation (as such) only when needed. Ex : In the field of Humanitarian actions. it was said that the European Union s policies and legislation were getting increasingly complex. For all these objectives to be achieved. It is true that the more technical the decision is supposed to be the more important it is to benefit from expert advices. Better and faster regulation is the goal. complex and time consuming. because adapting the rules to technical or market changes were. It was denounced. and also economic matters. there should be confidence in expert advices. drawing on their practical expertise. EU often finances NGOs to act during a humanitarian crisis its own name. . enforcement and appeal mechanisms. because they are more flexible. bio-technologies. Legislation is only a part of a broader solution.Better policies. It is possible where fundamental rights or major political choices are not called into question. damaging effectiveness. and self regulation. and play an important role. It should not be used in situations where rules need to apply in a uniform way in every member State. regulation and delivery At the moment of the white paper. The Commission then suggests to strengthen the scientific expertise at the EU level. The overall result was a lack of flexibility. 2. basic rights. framework directives more generally. which should include also soft law. the right instrument at the right moment: when legislation is needed. The result was that the legislation often included unnecessary level of detail. social legislation. but that at the same time the Council and the European Parliament were reluctant t o leave more room for policy execution to the Commission. civil societies are often organised in NGOs. and conditions for monitoring compliance is set in the legislation. - - The condition for the use of co -regulations implies that a framework of overall objectives. It is particularly true concerning animal health.Nowadays. soft regulation. which most of the time are listened to by EU institutions. Co-regulation when possible. The organisation Médecins du Monde is thus largely financed by the EU. The Commission also explained that for better policies. Co regulation combines binding legislative and regulatory action with the action taken by the actors most concerned. as a consequence.
Depending on the areas concerned. such as employment. Under this intergovernmental method.) and has its own legal personality. the OMC involves so-called « soft law » measures which are binding on the Member States in varying degrees but which never take the form of directives. regulations or decisions. it is distinct from the Community In stitutions (Council. youth and training. scientific or managerial task. It is based principally on: jointly identifying and defining objectives to b e achieved (adopted by the Council). the freedom of States as for the means of achieving these t argets. social inclusion.The OMC provides a framework for cooperation between the Member States. Culture of evaluation This point is quite self speaking. in the context of the Lisbon strategy.- Community action may be complemented or reinforced by the use of the open method of coordination. Thus. the Commission explains also that there should be a better application of EU rules through regulatory agencies. The Commission considers that it should withdraw its proposals when the inter institutional bargain renders them over complicated (??). Community Law should also be simplified in order to be better respected. Parliament. . The open method of coordination takes place in areas which fall within the competence of the Member States. indicators.e. jointly established measuring instruments (statistics. benchmarking. According to the white Paper. To sum up. transparency ad monitoring. whose national policies can thus be directed towards certain common objectives. comparison of the Member States performance and exchange of best practices (monitored by the Commission). etc. To give you an explaination about that. let us precise that a Community agency is a body governed by European public law. the Member States are evaluated by one another (peer pressure). According to the « Europa Glossary »: Open method of coordination (OMC). as evaluation is obviously needed in order to check the adequation and effectiveness of the decisions that have been taken. the OMC requires the Member States to draw up national reform plans and to forward them to the Commission. Concerning the implementation of EU law. Commission. guidelines). The European Parliament and the Court of Justice play virtually no part in the OMC process. social protection. i. education. initially created as part of employment policy and the Luxembourg process. with the Commission s role being limited to surveillance. the functioning of this method is based on three elements: an agreement on common targets. It is set up by an act of secondary legislation in order to accomplish a very specific technical. has been defined as an instrument of the Lisbon strategy (2000).
i. - . and succeed indeed in exporting its vision throughout the world. This new approach defended by the Com is very interesting and have been indeed.Refocused policies and institutions According to the Commission. were set up in response to an identifiable need in a particular policy area (example in the chemical field. member of the Com at the time). The Com thus drew 4 criteria for this approach to be efficient: Long term objectives have to be defined The settlement of priorities must be achieved. but only with high level matters. We have to keep in ming that the WP was published at the time discussions about the European Constitution weregoing on. before trying to enhance the case for change at an international level. the traditional EU approach. the Commission insists that it will promote the use of new tools at global level as a complement to « hard law ». since 2001. many ideas that the WP contains could be tested at global level. as it is to boost the effectiveness and enforcement powers of multi lat eral institutions. European Council should shape the strategic direction of the Union. the 29 community agencies. which is obviously true. For a better regulation and to achieve a better efficiency of it. It should not deal with day-to-day matters.Some agencies the 6 executive agencies. adopted. 4. (This was said before the Treaty of Lisbon) The EU should have a global ambition which could be to promote a new governance approach at the multilateral stage. Revitalise the action of the EU by choosing better methods such as the new method of regulation . along with guarantying the application of the regulations and promote a better involvement of the citizens. Others. (Probably due to influence of Lamy. assist with the management of EU programmes in a given field. According to the White Paper.e. 3. The Com added in the Paper that it was one of its role to do so.European Union and Global Governance The ambit of the Commission is to reform European Governance. The Com is thus praising for good governance in every international institutions. The Com praises the need for a global approach more coherent in the beginning of the 21st century. creation of the europeaen chemicals agency in 2007 as part of the REACH package on hazardous chemicals. (NB : More a political function of the Com). Its goal is very ambitious. step by step approach or in French politique des petits pas as stated by Jean Monet) is now over. the White paper finally puts that there should be a better application at the national level. but also propose a review of the Union s international representation under the existing Treaties in order to speak more often in a single voice. in so doing the Council should also work hand in hand with the Com. In this context.
such as water distribution to the public. impact assessment. the Commission has implemented its main ideas through several packages or specific measures: . The consultation standards have been applied from 2003 onwards. . which aims at clearer and better European legislation. be it market operators. Ex. communications. pub lishing results and providing feedback. such as an airport. or a service. In 2002 the Commission set out principles and minimum standards for consulting external parties. representatives of regional and local authorities.the Framework for Action « Updating and simplifying the Community acquit » of March 2003. The decentralized organization of consultation needs a common framework in which to operate to ensure that consultations are carried out in a transparent and coherent way throughout the Commission. Online consultation is commonly used. with the purpose of providing and exploiting an infrastructure. The dialogue between the Commission and interested parties can take many forms. The consultation standards are part of the « Better Lawmaking action plan ».the Better Law Making Action plan of June 2002. civil society organizations. Concession contracts are significant as they . Moreover. consulting all relevant target groups. Concessions are arrangements between public authorities and private operators. private persons. workshops and forums. leaving sufficient time for participation. academics and technical experts or interested parties in third countries. and methods for consultation and dialogue are adapted to different policy fields.the Communication of May 2002 on impact assessment and follow -up measures. According to these standards attention needs to be paid to providing clear consultation documents. . These packages have led to some significant achievements.D) 3 packages of Commission Following publication of the White Paper. The Commission consults through consultation papers (Green and White Papers). advisory committees. NGOs. expert groups. the Commission may organize ad hoc meetings and open hearings. These include all those who wish to participate in consultations run by the Commission. The European Commission has launched a consultation on the EU rules for concession contracts. and simplification 1. the Commission consults and is in constant touch with external parties when elaborating its policies.Consultation Before making proposals and taking policy initiatives. notably in the form of consultation. These consultation standards apply in particular at the policy -shaping phase to major proposals before decisions are taken.
social partners and the business community. social and environmental impacts of those options? How do the main options compare in terms of effectiveness. but without making the framework too complex or burdensome. how is it evolving. Summary of key analytical steps (See Impact Assessment Guidelines 15 january 2009) . The consultation is aimed at gathering input from contracting authorities. it should lead to improvements and simplification of the regulatory approach of the EU institutions.are increasingly being used by public authorities at all levels. The objective of the consultation is to collect further views and expertise on how the current EU rules on concessions work in practice and how they might need to be improved to further enhance transparency. Impact assessment is designed to help in structuring and developing policies. and who is most affected by it? What are the views of the stakeholders concerned? Should the Union be involved? If so. what objectives should it set to address the problem? What are the main policy options for reaching these objectives? What are the likely economic. It helps to identify the main options for achieving the objectives and analyses their likely impacts in the economic. The results of the consultation will feed into an impact assessment the Commission is currently preparing for the end of 2010. It consists of a set of logical steps to help structure the preparation of Commission proposals. By testing the need for intervention at the EU level and by examining the potential impacts of a range of policy options. all major policy initiatives and l egislative proposals are required to undergo an impact assessment. efficiency and coherence in solving the problems? How could future monitoring and evaluation be organised? As a general rule. It identifies and assesses the problem at stake and the objectives pursued. to ensure equal opportunities for potential bidders in the award procedures as well as the necessary legal certainty. It outlines advantages and disadvantages of each option and examines possible synergies and trade-offs. The results of this process is to answer a number of questions: What is the nature and scale of the problem. which will accompany new initiatives in this field. 2. The consultation is closed. environmental and social fields. It is a process that prepares evidence for political decision -makers on the advantages and disadvantages of possible policy options by assessing their potential impacts.The Commission s impact assessment system It became the bedrock for the exercise of the Commission s right of initiative.
Identify the key players/affected populations.unless caused by a regulatory failure Notion of Regulatory failure Inadequately defined property rights/legal framework Poorly defined targets and objectives Unintended consequences resulting from public intervention Regulatory capture of public authorities Implementation and enforcement failures . such as imperfect information or lack of access toinformation for decision takers (including consumers and public authorities). the need for intervention often arises from a combination of these reasons ». where necessary.Identifying the problem Describe the nature and extent of the problem. According to the Guidelines. or because of equity concerns or a discrepancy between the fundamental goals of the EU and the existing situation. Is the problem in the Union s remit to act? Does it pass the necessity and value added test? Develop a clear baseline scenario. Establish the drivers and underlying causes. Notion of Market failures Market prices do not reflect the real costs and benefits to society ( externalities ) Insufficient supply of public goods Missing or weak competition (including abuse of market power) Missing or incomplete markets Information failures. the very first question to put in the context of the Assessment is « why is the public intervention necessary »? And the paper answers: « Public intervention is normally justified on the grounds of market/regulatory failures.a. including. In practice. sensitivity analysis and risk assessment.
Present comparisons between options by categories of impacts or affected stakeholder.for example protection of fundamental rights.Discrepancy between the fundamental goals of the Union and the existing situation. Draw-up a shortlist of potentially valid options for further analysis. d. strengthening social cohesion or promotingdistributional justice b. respect for Fundamental Rights as well as the Commission s main priorities and proposals. Assess the impacts against the baseline in qualitative. i ncluding obstacles to transposition/compliance. display aggregated and disaggregated results. Identify and assess administrative burden/simplification benefits (or provide a justification if this is not done).Define the objectives Set objectives that correspond to the problem and its root causes. Consider the risks and uncertainties in the policy choices. social and environmental impacts and how they occur (causality). Identify who is affected (including those outside the EU) and in what way. such as the Lisbon and Sustainable Development Strategies. combating discrimination.Develop main policy options Identify policy options. .Analyze the impacts of the options Identify (direct and indirect) economic. Establish objectives at a number of levels. c. If quantification is not possible explain why. e. quan titative and monetary terms.safeguarding the security of citizens. efficiency and coherence.Compare the options Weigh-up the positive and negative impacts for each option on the basis of criteria clearly linked to the objectives. where appropriate distinguishing between options for content and options for delivery mechanisms (regulatory/non -regulatory approaches). going from general to specific/operational. Check the proportionality principl e. Ensure that the objectives are coherent with existing EU policies and strategies. Begin to narrow the range through screening for technical and other constraints. and measuring against criteria of effectiveness. Where feasible.
the Member States and local and regional authorities. composed of high -level Commission officials operating independently of the departments they come from. This is an independe nt body under the authority of the President of the Commission. which would establish the principles and methods for developing a common and shared understanding of European governance. based on partnership and aimed at drawing up and implementing EU policies. It leads to responsibility . E) Multilevel governance According to the OECD. f. The Commission has reduced the acquis by almost 10% since 2005 about 1 300 legal acts and 7 800 pages of the Official Journal have been removed from the Community statute book. This new WP initiate a consultation process with a view to drawing up a European Union Charter on multilevel governance.Identify. the Commission reinforced its impact assessment system significantly by creating the Impact Assessment Board (IAB).Simplification A strategy for simplification of Community legislation was adopted by the Commission in 2005. At the end of 2006. based on a mode of governance which involves local and regional authorities in the formulation and implementation of Community policies. The committee of the Regions = white paper on multilevel governance. The board s opinions are used when the Commission is making its final decision. and are made public once the initiative has been adopted. It provides advice and control on methodology and quality. june 2009 = the initiative to submit its vision of the Community method. It aims to provide European companies and citizens with a regulatory environment that meets the highest standards of law making. The Committee of the Regions considers multilevel governance to mean coordinated action by the European Union. where possible and appropriate. and draws on external expertis e when necessary. 3. Provide a broad outline of possible monitoring and evaluation arrangements. An Action Program was launched by the Commission in January 2007 setting the ambitious objective of cutting the administrative burdens stemming from EU legislation by 25% by 2012 (this aim has been endorsed by the European Council).Outline policy monitoring and evaluation Identify core progress indicators for the key objectives of the possible intervention. a preferred option. This vision is based on progress made following the European Commission s White Paper on European Governance adopted in 2001 and sets out the stakes and challenges of shared governance in Europe.
strengthen its institutional position as a body of the European Union which is responsible for the development of local and regional democracy in the framework of the EU s external policy. particularly within the process of monitoring subsidiarity. which prevents decisions from being restricted to a single tier of government and which guarantees that policies are conceived and applied at the most appropriate level.). finally. in accordance with its Mission Statement. By means of an integrated approach. to this end. and reinforce its cooperation to this end with the European Commission and the Congress of Local and Regional Authorities of the Council of Europe. through electoral observation missions in Europe and third countries. its involvement upstream of the decision -making process in the design of European strategies and Community legislation. it entails the joint participation of the different tiers of government in the formulation of Community policies and legislation. its status as a political assembly. but must also be understood as a process for integrating the objectives of local and regional authorities within the strategies of the European Union. with the aid of various mechanisms (consultation. territorial impact analyses. To put multilevel governance into practice. Multilevel governance is not simply a question of translating European or national objectives into local or regional action. with the European Parliament in the context of the policy program for the next legislative term and. etc. propose methods and tools to be used at local and regional level in order to bridge the communication gap and encourage increased coverage by local and regional media of the impact of EU policies on the daily life of citizens and to boost their - - - - - . and its role as a facilitator of participatory democracy in Europe develop. monitoring o f the principle of subsidiary in the spirit and tenor of the Treaty of Lisbon. evaluation of the territorial impact of Community policies. The implementation of multilevel governance depends on respect for the princip le of subsidiary. with the Council of the European Union in order to harmonize the intergovernmental dynamic of the political action of local and regional elected representatives in designing and implementing European decision continue its work to get closer to the national parliamentary assemblies and regional legislative assemblies. the Committee of the Regions Undertakes to (selection): reinforce. strengthen political and institutional cooperation with the European Parliament to ensure that the concerns of citizens are taken into account in the design and implementation of Community action.being shared between the different tiers of government concerned and is underpinned by all sources of democratic legitimacy and the representative nature of the different players involved. its interinstitutional rela tions with the European Commission with a view to revising its cooperation agreement.
Example given by the WP: The development of an integrated maritime policy for the EU represents one of the rare examples at European level of an attempted common approach to several sectoral policies based on a territorial typology. immigration and integration policy. read the position of the German constitutional Court in 1993: « Where (the European Union) assumes sovereign tasks and exercises sovereign powers to carry them out. integration policy. in a horizontal manner. innovation and education. particularly the Web 2. cohesion policy. as the Community s tasks and powers are expanded.0 instrument. which began with the Green Paper in 2006 and continued with the Blue Paper. The European Parliament was weak in the decision making process.European Governance in constitutional context The Constitutional « situation » of the European Union before the Lisbon Treaty revealed an apparent lack of democracy. This was a major concern. - III. the requirements linked to sustainable development and to the safety of our seas. For example. The process. environment. the social agenda. has heavily involved local and regional players interested in developing an integrated approach to the management of maritime areas: transport. at last recognized as natural and economic resources that are crucial to the European continent. innovation policy. by co nsidering. in particular. and a better involvement of the local parties to find solutions could help it to reach some success. Useful? Some policies are of a territorial nature that create the need of an involvement of the territorial authorities (the governments have a tendency to transfer the responsibility for more and more policies to regional authorities) The Union is not really effi cient in the social sector. so the need grows to add to the democratic legitimacy and influence imparted through the national parliaments by securing the representation of the . it is first and foremost for the national peoples of the Members States to provide democratic control via their national parliaments Nevertheless.potential for communication. renewable energies and economic development are some of the sectors covered by a policy born of the ambition to integrate. such as the strategy for gro wth and jobs. submit proposals to support the use of experimentation at local and regional level in certain areas of intervention of the European Union. sustainable development and civil defense. examine the opinions on an open method of regionalised coordination and determine the areas of Community action in which the open method of coordination would be most appropriate for the local and regional authorities. information and mediation on Europe by using new communication tools.
it is a model that is not transposable to the Union: in a conglomerate where people s primary allegiances tend to remain with their State. for example. And it is often conditioned by expert advices or by complex negotiations involving representatives of organized interests. 12 October 1993). - in this context. Does it render the WP totally out of date ? I do not think so. legislation to be adopted by parliaments are always drafted by the executive. in which the lack of strong collective identity makes it difficult to beleive that minorities could accept decisions against their will. Precisely. expressing the general will. the adoption of a majoritarian system is difficult to conceive at the European level. in which the Parliament. as a source of additional democratic underpinnin g for the policies of the Europ ean Union » (case n° 2BvR 2134 and 2159/92. It was felt that the traditional « input oriented » form of democratic legitimating. the second is concerned with the justifiability of the EU as regards external standards. the « new european governance » was. decides. Iraq. The first is the consequence of popular consent to the UE. as a hypothesis. at least partly. not by the parliaments. under an input oriented approach. Then. But the democratic question. which has adopted its own white paper in june 2009 on the Multilevel governance in the EU. devoted to resolve this problem by approaching the legitimacy question under a modern approach. One cannot work correctly without the other. take. the improvement of european governance under an « output oriented » approach seemed to be the way to follow. And the debate is still going on. . for example ate the level of the Comity of the Regions. a social legitimacy that is rarely contested (take. the democratic functioning of its institutions. the legitimacy of supranational institutions is hard to gain. its sense of justice. A lot of actions have been taken by the Commission after the white paper. efficacy. the question is to know if the european governance principles proclaimed by the Commission has been necessary is effectively reinforcing the « constitutionalization » of the European system? Defining Legitimacy There is a distinction between internal (or social) legitimacy and external (or normative) legitimacy. the national decision making process is generally complex. Moreover. has been central in the Lisbon Treaty and is now more correctly addressed in the t reaties. including attractiveness. or of a long history.national populations of th e Member States in a European Parliament. The two notions are inter-related. was criticized as analytically weak and normatively ill adapted (Renaud Dehousse). An old State has.
the more its regime legitimacy must be strongly accepted. Another approach of legitimacy is consisting in distinguishing. Polity legitimacy must now be presented. Regime legitimacy means the legitimacy of the overall institutional framework. its capacity in developing useful policies. the example of Belgium). It is in fact a n « umbrella » notion. Performance legitimacy is nevertheless a weak argument in economic matters. Performance legitimacy has been the major founding rationale for the European project in 1957. and the polity legitimacy. Indeed. It is evaluated as regards the political organization. there is in fact development of a competition between different entities c laiming that they are more legitimate to deal with such or such question. the performance legitimacy. the EU) may gain polity legitimacy? In fact. USSR. this legitimacy belongs to sovereign States. independently of its performances. But this State will not be considered as legitimate as regards its governance if it is not recognized a normative legitimacy. there is a polity legitimacy of the EU. the role of institutions. and stand alone. Because in this situation. but not only. Typically. performance legitimacy depends on a large part on the quality of the regime. It depends largely on regime and performance legitimacy. But on the reverse. . the Committee develops its position on « multilevel governance » on the two grounds of its « regime » legitimacy and its « performance » legitimacy. States having an discriminatory behavior as regards parts of their territories. Utilitarian justification has been central in the approach of the « founding fathers ». How an entity (namely. What will be seen as a good economic performance will be contested as a bad one in the context of social or environmental preoccupations? But it is clear that regime and polity considerations have become increasingly important. as well as in the fact that the approach has long been an economic one.by contrast. for which there is a strong presumption that they have polity legitimacy. but it is more precarious than that of a State. and their mutual relationships. covering all the others « branchs » of legitimacy. concerning the political entity which is the EU. as is seen with the creation of the C arbon and Steel Community. their representative quality. on the assumption that economic matters are better dealt with in common that separately. it is also clear is that an entity which is prerogative gains in terms of regime legitimacy But there is another point to make here: the more an entity is ambitious as for the scope of its responsibility. the regime legitimacy. A State loses its polity legitimacy in extraordinary or extreme circumstances (Federal States created by « force ». One could say that the claim of the Committee of the Regions is an example of this phenomenon. Strikingly. like Yugoslavia. for example in the Kosovo).
accountability (RL+PL). This appears especially when studying the constitutionalisation of EU Law. Having a legal analysis of European Governance means having a look at the different rules governing the european governance. PL).the autonomy of the EU. at the heart of the commitments of the Commission. It is striking to observe what the main developments are directly coming from this practice: . IV. in a context where effective successful realizations are rare. the guardian of the independence of the EC Treaty. In a context of permanent economic crisis. an autonomous legal system different from the domestic legal . There is no common language (but clearly the English language has been chosen as the working language). But governance can also lead to a change in law. One could explain the tentative for the creation of a « constitution » for the European Union as a tentative to improve polity legitimacy by way of political symbolism (there is clearly a legitimating po tential in constitutionalism). It is indeed the Law that creates the frameworks in which the governance takes place. participation (RL+PL). we need first to understand EU Law. as the EU is first of all a creation of the Law. it is quite difficult. We have seen already what could be presented as the soft law of european governance. the legitimacy of the sovereign States renders difficult the emergence of a strong legitimacy of the EU. and it suffers from the fact that it is not even possible to name it in terms of an already known figure. The EU is a new and sui generis political entity. effectiveness (PL+RL). are the famous five principles of good governance: openness (RL+PL).European Governance and the European Law There is obviously an intrinsic link between Governance and the European Law. its legitimacy is far more reliant on the processes and designs and accomplishments through which performative legitimacy and regime legitimacy are sought. The european governance approach clearly aims at strengthening the regime and performance legitimacy (RL. in the Court s opinion. In effect.the EU with 27 Member States cannot be seen as built on a very strong cultural identity forged in common history. coherence (PL+RL). in order to strengthen the legitimacy of the Union. When tr ying to understand European Governance. The Court has said repeatedly that the EU legal system was. This process only became possible as so was the will of the ECJ. Governance is not all about Politics. Because the EU is not benefitting of a presumption of polity legitimacy. The term constitutionalisation indeed designates a process by which a Treaty (the EC Treaty) obtained a normative independence vis-a-vis the MS which have created it.
. when this one as suffered a loss due to non -implementation of EU Law. This autonomy was thus proclaimed in the 1963 ECJ s case Van Gen and Klaus.Extrapolation made by the ECJ. Some of them are even called fundamental principles . Ccl : EU Law is the cornerstone for the quest for a greater legitimacy. Direct effect means especially that anywhere in the EU. These were created by the court to have a constitutional character. are designed to set up the GPL.systems of its MS and the international legal system. based on different sources of Law. Development of rules and principles in order to guarantee the protection of Community rights in the domestic legal system. . Ex : Rules on responsibility were elaborated by the Court.the proclamation of the primacy of EU Law by the ECJ over all the domestic legal systems. people can benefit from their European rights and enforce them against their own State.Proclamation of the direct effect of the EU Law . . The ECJ considered that EU Law had to be recognised as as important as the Constitution of the MS. which decided that a State is liable as to one of its citizen. Some say that Europe pretends to be a Community governed by the ROL. Very important as every constitution in the w orld are meant to have primacy over any other rules. This is precisely what tries to achieve a Constitution. . This rule does not exist in International Law.
collective responsibility and effectiveness of an institution whose purpose is to represent the general interest in a fully independent way. . in principle as of November 2009). since it involves deciding on the opti mum number of Commissioners needed to guarantee the legitimacy. the number of Members of the Commission should be less than the number of Member Sta tes. It prepares and then implements the legislative instruments adopted by the Council and the European Parliament in connection with Community policies. thus consists of 27 Commissioners. The protocol on enlargement annexed to the Treaty of Nice also stipulates that. They are assisted by about 24 000 civil servants. The Treaty of Nice (2000) offered a provisional solution by limiting the number of members to one Commissioner per Member State as from the start of the term of the 2004 -09 Commission. chaired by th e former Portuguese prime minister. Its virtually exclusive right of initiative in the field of legislation makes it the driving force of European integration. the Commission was always made up of two nationals of each of the Member States with the largest populations and one national of each of the others. fro m the date on which the first Commission following the date of accession of the 27th Member State of the Union takes up its duties (i.Part 2: Main Actors of European Governance IThe European Commission = The European Commission is a politically independent collegial institution which embodies and defends the general interests of the European Union. should the number be limited. corresponding to two thirds of the number of the member States. The actual number would then be set by the Council. It is a key issue. unless the European Council. it was fe ared that a large increase in the number of Commissioners would lead to nationalisation of their function to the detriment of collective responsibility. The present European executive. With the prospect of future enlargements. the Commission s make-up is the focus of considerable debate.e. In the enlarged Union. acting unanimously. including its President and High Representative of the Union for Fore ign Affairs and Security Policy. As from November 1st 2014. most of whom work in Brussels. José Manuel Barroso. But the Treaty of Lisbon provides that the Commission appointed until October 31st 2014 shall consist of one national of each Member State. acting unanimously. Conversely. A) Composition Until recently. the Commission shall consist of a number of members. the fear was that some nationalities would not be represented among the Commissioners. decides to alter that number. including its President and the High Representative of the Union for Foreign Affairs and Security Policy who shall be one of its Vice-Presidents.
A collective decision of the members was necessary. ensuring that it acts consistently. each of them has responsibility for a particular EU policy area. and must be approved by the Parliament. decide on the internal organization of the Commission. Now the treaty states that »A member of the Commission shall re sign if the President so requests. a TFUE and 17 EUT). They do not represent the governments of their home countries. reflecting the demographic and geographical range of all the Member States. in accordance with the procedure set out in Article 18(1). The High Representative of the Union for Foreign Affairs and Security Policy shall resign. The other commissioners are nominated by their national governments in consultation with the in-coming President. Instead. if the President so requests. Before Lisbon he could not revoke a member. The Commission may be asked by the Council and the European Parliament to draw up initiatives if they think this is necessary. 17). It has exclusive power of initiative in many domains but shares this power with the Member States in the areas of Common Foreign and Security Policy and as regards certain Justice and Home Affairs issues. This system shall be established unanimously by the European Council in accordance with A rticle 244 of the Treaty on the Functioning of the European Union. The President of the Commission is chosen by EU governments and endorsed by the European Parliament. They shall refrain from any action incompatible with their duties. Right of initiative The Commission has a right of initiative enabling it to make proposals on matters covered by the Treaty. » B) Role The European Commission represents and upholds the interests of Europe as a whole. It is independent of national governments. Each Member State undertakes to respect this principle and not to seek to influence the Members of the Commission in the performance of their tasks (EUT. . art. coinciding with the period for which the European Parliament is elected. He has to: « lay down guidelines within which the Commission is to work. But that the same article states that In the performance of these duties. Note that Only nationals of Member States may be Members of the Commission (art. they shall neither seek nor take instructions from any government or from any other body. The President and members of the Commission are appointed for a period of five years. efficiently and as a collegiate body ».The members of the Commission shall be chosen from among the nationals of the Me mber States on the basis of a system of strictly equal rotation between the Member States. The president plays an important political role. 2 44.
according to the procedure known as « comitology ». but a threshold of at least a quarter of Member States is introduced (i. On comitology.e. the scope of the implementing powers conferred on the Commission by the Council is specified in each legislative instrument.pdf The Commission is also responsible for managing the day-to-day functions of the Union. then it would be quite normal that the EP could be associated also. Practically speaking. 1999. Comitology is an aspect of the functioning of the European institutions. the Treaty provides for the Commission to be assisted by a committee. It has been organized by a series of decisions of the Council dates 1987. i. The 2006 Reform of Comitology: Problem Solved or Dispute Postponed? http://www. as a colegislator. and now 2006. In the areas of judicial and police cooperation in criminal matters. the right of initiative continues to be shared between Member States and the Commission. .nl/cms/repository/eipascope/Scop06_3_2. The Treaty also introduces the European Citizen s Initiative. Implementing EU policies and managing the EU Budget The European Commission is also the Union s executive body since it is responsible for implementing the decisions adopted by the Parliament and the Council. within the framework of its powers. It must be reminded that the European Parliament has actively claimed a right to participate to the process of implementation. to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaty. see Thomas Christiansen and Beatrice Vaccari. These committees enable the Commission to establish dialogue with the national administrations before adopting implementing measures. and where the implementing act is of a legislative nature. the Commission is assisted by representatives from Member States to adopt the measures for the implementation (« implementing measures ») of EU legislative instruments.e. Budget funds are allocated by the Commission. The Parliament has obtained a droit de veto in 2006: it has now the right to be associated to the implementation in the cas es where the act that should be implemented has been adopted on the basis of the codecision. The relevant provision indicates that one million citizens coming from a significant number of Member States may take the initiative of inviting the Commission. 7 in an EU of 27). implementing common policies and Community programmes. It is a system of implementation committees that control the Commission in the execution of delegated powers. It is thus true that if the Council can as the legislator keep a eye on the Commission when it implements the legislations. Within various committees.With the Lisbon Treaty.eipa. In this context.
the Commission has been mandated by EU Member States to conduct international negotiations in the key areas of trade (negotiations in the World Trade Organization) or development assistance (Cotonou Agreement which provides for co operation in development assistance and trade between the European Union and countries in Africa. shall submit re commendations to the Council.Enforcing Community law The European Commission acts as « guardian of the Treaties ». the Caribbean and the Pacific). The Council shall authorize the opening of negotiations. the Commission refers the matter to the Court of Justice wh ich is empowered to impose penalties as its judgments are binding on the Member States and EU institutions. on a proposal by the negotiator. The Council. If this procedure fails to resolve the problem. authorize the signing of agreements and conclude them. The Commission. It is therefore required. together with the Court of Justice of the European Communities. shall adopt a decision concluding the agreement On this basis. to ensure that EU law is correctly applied in all the Member States. The Council. 3. if necessary. . This involves sending that country s government an official letter stating the reasons why the Commi ssion considers that the country in question is infringing EU law and setting its government a deadline for sending the Commission a detailed reply. on a proposal by the negotiator. it launches a legal process called the « infringement procedure ». its provisional application before entry into force. adopt negotiating directives. depending on the subject of the agreement envisaged. 2. or the High Representative of the Union for Foreign Affairs and Security Policy where the agreement envisaged relates exclusively or principally to the common foreign and security policy. 4. Negotiating international agreements Under article 218 ECT: 1. which shall adopt a decision authorizing the opening of negotiations and. agreements between the Union and third countries or international organizations shall be negotiated and concluded in accordance with the following procedure. nominating the Union negotiator or the head of the Union s negotiating team. The Council may address directives to the negotiator and designate a special committee in consultation with which the negotiations must be conducted. 6. 5. f the Commission finds that an EU country is not applying an EU law. shall adopt a decision authorising the signing of the agreement and.Without prejudice to the specific provisions laid down in Article 207. But it is the Council which is vested with the treaty making power.
It is responsible for organizing and chairing all meetings. The Council can be seen as representing European Union Member States. it was the council of the ministers before 1993. There are nine different Council configurations: General Affairs and External Relations. Environment. but for reasons relating to the organisation of its work. and from July to December) by each Member State in turn. including the many working groups. Telecommunications and Energy. especially when acting for the European Union. It was established in 1950 and has always been the main decision-making body of the European Union. Competitiveness. particularly in promoting legislative and political decisions. C) Role In the Treaties. it meets according to the subject being discussed in different « configurations ». it named itself Council of the European Union . confirmed by a Rule of 2006. which are attended by the Ministers from the Member States and the European Commissioners responsible for the areas concerned. this was reduced to 16 in June 2000 and then to 9 in June 2002. and not by unanimous vote. Economic and Financial Affairs (ECOFIN). Transport. Health and Consumer Affairs . at the level of ministers. The Presidency of the Council plays an essential role in organizing the work of the institution. Justice and Home Affairs (JHA). in 1993. but it is now legislating with the European Parliament. The Council is a single body. it is called The Council . B) Presidency The Council is presided for a period of six months (from January to June. in the rules of the Council.II- The Council of the European Union A) Members Each Member State is represented at the Council. Agriculture and Fisheries. Employment. and for brokering compromises. In the 1990s there were 22 configurations. Education. Youth and Culture. The Council is responsible for decision -making and co-ordination There are two main avenues for the work of the Council: . but it is also representing the European Community in itself because most of its decisions are adopted by a majority of votes. in accordance with a pre-established rote. Social Policy.
- - - On the other hand. either through the consultation procedure (e. The Commission is not the sole responsible for the proposals under the ancient second pillar(Common foreign and security policy): The Council may request the Commission to submit to it any appropriate proposals relating to the common foreign and security policy to ensure th e implementation of a joint action (art. 4.On the one hand. These agreements cover trade. The Member States retain their national sovereignty in these areas but take full advantage of consultation in the Council. co-operation and development or specific subjects such as textiles. It legislates jointly with the European Parliament in many areas on the basis of legislative proposals from the Commission. International agreements: the Council concludes international agreements between the EU and one or more non -EU (third) countries or international organisations. . - D) The taking of the decisions In a great majority of cases. transport. the Council addresses issu es over which Member States have decided to pool their sovereignty and delegate decision-making powers to the EU institutions. Economic policies: the Council co -ordinates the economic policy orientations of the Member States. judicial and police cooperation.g. under the ancient first pillar. Police and judicial co-operation: the Council co-ordinates co-operation in criminal matters between judicial bodies and national police forces. The EU budget: the Community s budget is approved by the Council together with the European Parliament. fisheries. in the areas of agriculture. 14.. EUT). This is « intergovernmental co-operation » and covers what relates to the ancient Second and third pillars: Common Foreign and Security Policy: the Council defines the EU s common foreign and security policy (CFSP). regulations): EU legislation is adopted by the Council. and taxation) or through co decision (e. EUT). 2. 34. the Council takes decisions on a proposal from the European Commission and in association with the European Parliament. the internal market). and so on. This co-ordination is implemented by the economics and finance ministers who gather within the Economic and Financial Affairs (ECOFIN) Council. It is the same with the ancient third pillar (Police and Judicial cooperation in criminal matters) where the Council : act[s] unanimously on the initiative of any Member State or of the Commission (art.g. These issues relate to the « Community » domain which covers: Legislation (directives. the Member States co -ordinate on the Council their action without delegating their powers to it.
Latvia. A) Members Since 1975. There are three types of vote depending on the Treaty provis ions for the subject being dealt with: simple majority (for procedural decisions). In addition. If this is found not to be the case. judicial and police coope ration. which ensures consistency in the work and resolves technical-political questions before submitting the dossier to the Council. Poland 27 Romania 14 Netherlands 13 Belgium. economic affairs and trade) and unanimity (for foreign policy.The European Parliament The European Parliament is the only directly -elected body of the European Union. They resolve technical issues and forward the dossier to the Permanent Representatives Committee (Corepe r). Luxembourg. but follows identical democratic rules: a voting age of 18. Estonia. Sweden 10 Denmark. defence.a minimum of 255 votes is cast in favour of the proposal. France. and taxation). Czech Republic. Finland 7 Cyprus. .if a majority of Member States approve (in some cases a two-thirds majority). Distribution of votes for each Member State Germany. by direct universal suffrage Each Member State decides on the form its election will take. made up of the Member States ambassadors to the European Union. . United Kingdom 29 Spain. Greece. A qualified majority will be reached if the following two conditions are met: .Council decisions are prepared by a structure of some 250 working parties and committees comprising delegates from the Member States. Bulgaria. Portugal 12 Austria. Lithuania. the representatives are elected for a term of five years. Italy. qualified majority (used for many decisions concerning the internal market. Slovakia. out of a total of 345 votes. equality of the sexes and a secret ballot. Slovenia 4 Malta 3 = TOTAL 345 III. Moreover. Hungary. a Member State may ask for confirmation that the votes in favor represent at least 62% of the total population of the Union. the decision will not be adopted. Ireland.
the number of seats had to be proportionate to the population.The Liberal and Democrats for Europe ( = LibDem) .The Socialists . The different political groups are : . Most of the MEPs spend their time between Brussels. but under the Treaty. One of the specific requirement is for the members not to belong to more than 1 group. the European Parliament is now made up of 736 Members elected in the 27 Member States of the enlarged European Union. Initially composed of 142 members. where the Parliament is based (12 plenary sessions take place every year. the degressive proportionality rule will be applied. Representation of citizens shall be degressively proportional. Article 14 TFEU 2.european elections are already governed by a number of common principles : direct universal suffrage. and Strasbourg. Each of them has a number of seats specified by the LT. They shall not exceed seven hundred and fifty in number.candidates must be over 21 . This principle establishes that passing a certain amount of population.The European people party (=Republican Right) . where the different Committees of MEPs work. not by nationality. the p roportionality rule will be degressive.The Christian democrat (= UMP + Modem) .equality must be applied between all of the candidates. 1/month). plus the President. The seats are shared out proportionally to the importance of the population of each MS.secret ballot must take place during the elections . PB : Some argue that this rule is not democratic.The European Parliament shall be composed of representatives of the Union s citizens. proportional representation and a five -year renewable term. but a series of minimum conditions have been set up : . with a minimum threshold of six m embers per Member State. At least 1/5 of each MS must be represented within each group. The MEPs are gathered within the Plt by political opinion. There is a large margin of appreciation left to the MS as to the nomination of the candidates. Until the LT indeed. No Member State shall be allocated more than ninety -six seats.
Thanks to the concept of legitimate expectation .the Plt will invest all the commissioners. including the High Responsible for Foreig n Affairs. the interpretation given by the Commission can be relied upon. Since the introduction of the co-decision mechanism. The President. even if the candidate will still be proposed by the Council. no decision can be taken without the agreement of the Plt (Maastricht Treaty). According to the current procedure. It constitutes. The Plt can force the College of Commissioners.. This means every time the Com gives an interpretation to a measure. The Plt regularly invites the Com and the Council to develop policies or initiates new ones. Then. questions can thus be addressed to the Commission alog with the Council. regulations Under the LT. At the beginning of the EU history. Now. B) Political initiatives The Plt has a power of political initiative and can ask the Commission to submit its proposition to the Council. things have changed a lot. . An annual report is published every year by. not a real power of initiatives but a power to provoke an initiative.The Union for Europe of the Nations (= Far ri ght) . the Commission is the main organ of proposal however.The Confedral Group of European Left (= Far left).The Greens . the MS appointed the Commissioners. the Plt had no decision power at all. Under the current framework. was appointed by the Council. to resign but it cannot force an individual to do so. in reality.the President will be elected by the Plt. . after the MEPs agreement. a more democratic procedure indeed. as well as a report on the implementation of the budget. as a whole. and the College of Commissioners would finally endorse the Parliament. This procedure was extended since and became more effective since the Amsterdam Treaty. the Plt will be allowed to adopt new directives. it would not be allowed to give subsequently an other interpretation to the same measure in order to sanction an action. This allows for a control of the Commission over the Plt. prior to the LT. Some changes will be brought by the LT : . the co-decision between the Council and the Plt is substantially extended and will be the ordinary legislative procedure .
They are appointed for a term of office of six years. Ex : agricultural expenditures and expenditures linked to international agreements. These co nclusions are not binding. The Court sits as a full court in the particular cases prescribed by the Statute of the Court (including proceedings to dismiss the European Ombudsman or a Member of the . The Court may sit as a full court. Non-compulsory expenditures policies are dealt with by the Plt and the Council. as there is more political lobbying within the Plt than within the Council. the ordinary legi procedure will be the rule under the current 3rd pillar (Justice and Internal Affairs).Ex : Under the LT. the new budgetary procedure ensures equal power between the EP and the Council to agree on the whole budget (no more distinction between compulsory and non-compulsory expenditures). The compulsory expenditures are drafted at least by the Council. They all are independent as well. which is renewable. IV- The European Court of Justice (ECJ) The Court of Justice is composed of 27 Judges and eight Advocates General. Art 12 EC Treaty (no change under LT): Save as otherwise provided by this treaty. in their respective countries. The AG vote heir conclusions and then propose them to the Court. Both of them must then agree with the global limit of these expenditures. The multi-annual financial framework has to be agreed by the Plt. to the highest judicial offices. prior to the LT. The judges elect one of them as the President of the Court for 3 years. The President directs the work of the Court and presides at hearings and deliberations of the full Court or the Grand Chamber. in a Grand Chamber of 13 Judges or in Chambers of three or five Judges. The Judges and Advocates General are appointed by common accord of the governments of the Member States after consultation of a panel responsible for giving an opinion on prospectiv e candidates' suitability to perform the duties concerned. The Plt will otherwise be asked to give its assent or deliver advisory opinions. The German culture and the French Conseil d Etat inspired a lot the ECJ. the EP must decide by absolute vote cast of its members. They are chosen from among individuals whose independence is beyond doubt and who possess the qualifications required for appointment. NB : With a Plt deciding for the budget. or who are of recognised competence. They embodied the voice of their own legal culture. the future of the Common Agricultural Policy (CAP) is at risk. Under the LT. C) Budgetary power The EP and the Council constituted the Union budgetary power.
It must deal with the cases at law + Its decision must be compulsory + Its members must be independent. The ECJ will become the Court of Justice of the European Union after the entering into force of the LT. The ECJ cooperate with all the MS domestic courts. This mechanism is meant to prevent divergence of interpretation. and those of the Chambers of three Judges for one year. and in particularly complex or important cases. the jurisdiction of the Ct cannot review all aspects of EU law. Most of the time. this would be possible under the LT. sitting in full court. The Presidents of the Chambers of five Judges are elected for three years. The Ombudsman: He is nominated by the European Parliament and can be dismissed following a judgment from the Court. not only the economic affairs. it has to be a jurisdiction. These courts can submit questions to the ECJ in order to interpret well EU principles of law. which are the ordinary courts on EU law matters. . specific bodies deriving from administration able to do so? The ECJ held that in order for such a body to submit a question. It means that the scope of review will now goes through the all Un ion. Usually. Reference for preliminary rulings to the court (English terminology for preliminary rulings) is a very common practice.European Commission who has failed to fulfil his or her obligations) and where the Court considers that a case is of exceptional importance. any act adopted by the Commission can be challenged through a cancellation action. Other cases are heard by Chambers of three or five Judges. The Court has also be given a clearly defined jurisdiction under the LT. It sits in a Grand Chamber when a Member State or an institution which is a party to the proceedings so requests. At the moment. The Statute of the Court was adopted in March 2008 and described the way the Court works. Jurisdiction : defined as body completely independent from the parties to the dispute. One of the interesting question is who exactly has a right to submit a question to the Ct? Are the independent administrative authorities. the ECJ only needs to clarify the law.
It is the same for an action brought by an institution against another one. The ECJ has exclusive jurisdiction on action brought by a MS agains t the Council or the Commission. * Action for annulment There. Ex : Greek competent body submit a question to the ct which never was answered as the body was not independent. * Action for failure to fulfil an obligation Allowed the Court to determine whether or not a MS fulfilled its obligations. as in front of any other international courts. The CFI has jurisdiction for any other kind of actions. negotiations with the Commission would take place. when adopting a measure. A State can bring an action against another State in front of the ECJ. Ex : France state aids as to electricity = failure to fulfil an obligation. Prior to ECJ action for failure to fulfil an obligation. The formalism is very important in front of the ECJ. If an individual is the victim. does not respect the rights of the Plt. If they don t. . The action will be brought in front of the Ct. he could not be entitled to bring an actio n in front of the ECJ. It is then considered indeed as part of the EU case law. (ex : online games Portuguese League case). IAA have no compulsory power. However. Usually deals with claim brought by individuals while ECJ would deal with claims brought by States. A non-judicial preliminary procedure has to be achieved prior for the plaintiff to be able to bring the case in front of the Ct. shall lead to the victim state bringing an action for breach of obligation. this will be considered as an unlawful action. this can happen sometimes. Ex : When the Council. a State would seek the annulment of a directive adopted by an EU institution.Most of the time. * Action for failure to act In some cases. as it is dealing with the sovereignty of States. Médiateur du crédit français should not submit any question aw well as cannot adopt compulsory measures. if it does not lead to the MS stopping its infringement. When the Court has given a ruling on a question of interpretation of the law. the EU institutions have an obligation to do something. He would have to do so in front of the domestic courts. the same question cannot be submitted once again.
The ct can also make investigation within the MS. the companies that are quoted to the Stock Exchenge must publish their accounts in order for private acounters to supervise them.Jurisdiction to deal with these cases is shared between the ECJ and the CFI tsuch as for annulment actions States and individuals). but in another way as it is now. The Ct is not a development of the other institutions however (especially the ECJ). It is allowed in front of the ECJ after a first instance judgment in front of the CFI. In so doing. the Ct checks all documents relating to financila activities of the EU and investigate on the spot . Despite its name of court . It is not a real court rather a professional investigatory audit agency. * Appeals The procedure is the same as appeals in France. It is based in Luxembourg where economical activities are very developped. * Reviews Decisions on appeal against a decision of an EU institution may be reviewed by the CFI. In corporate law. but it will still have an important interpretation role. The Ct of auditors does the same with public finances. at least those receiving subsidies from the EU. It is an independent organ reviewing EU financial management and guardian of financial interests of EU citizens (protec t public finances). One of its first function is to review whether the EU budget has been correctly implemented. it has no judicial function. It is the internal court designed for EU institution workers. . There is a 3rd court within the EU legal system : the European Union Civil Servants Ct. as it did in the past. The Ct would probably have to elaborate new principles. Will the ECJ still be dynamic after the entering into force of the LT? Yes. The only difference is that there is only one court of appeal in the EU. This ct takes decisions that can only be reviewed in front of the CFI. The ct tries to rely on all of domestic court of auditors ( in France : Cour des Comptes). V- The Court of Auditors It was set up in 1975 and recognized as an EU instit in 1991. it will be very difficult however to prove that an institution had a duty to act. As for the EU institutions.
There 800 CS working for the Ct of auditors while there are only 700 working for the whole WTO. It lead to the resignation of the Santer Commission. composed of a member from each MS. An individual once complained against the Court of auditors after being presented in a report as having acted illegaly. VI- Advisory A) The Social and Economic Committee It was set up by the Treaty of Rome in 1957.The cts takes decision as well. a report had a very important impact. family associations. The 2 first groups represents economic pattern of EU while the 3 rd represents social consideration. Its task is to advise the main instructions of the EU. The Ct is supposed to be a technical body. In one occasion. // With the International Labour Organisation (ILO) created in 1990s. Composition: Its 344 members are appointed by the Council for 4 years on the basis of recommendation from MS based on domestic civil society concerns. who has an important function and publishes reports. It is composed of 3 groups : employers / employees / various interests (members of economic and social life not represented in the first 2 groups = consumers and environmentalists. Fact that economic and social committees within UN and economic and social within EU showed a kind of trend for taking into account these considerations. The Plt at that moment had refused to adpot a budget proposed by the Commission as a year before a re port of auditors showed bad financial management. they are not paid but they are granted travel allowances. The Ct can use a devoted agency to make investigation : the anti-fraud agency (OLAF). . Members only travel to Brussels when needed. They can be the basis taken by other institutions. not a political one . There is not much case law as to the court of auditors in front of the ECJ. Nearly all cases concerning the ct of auditors are civil servants cases where a civil servant is unhappy with the conditions of work within the Ct of auditors. The auditors assit the Council in implementing the budget of the EU. The ct is assisted by a secretary general. disabled people association). NB : 24 members for France.
creates a framework of organisation representing civil society in countries where it is not of common practice. That s why the Committee was created. Today. Delegation must reflect political and regional balance. and . Each MS nominate the representatives. reports are prepared by a Rapporteut + a study group. The reports are adopted by simple majority during plenary session. Ex : Paneuropean association. It was established in 1994 and was supposed to address two issues : . (?) B) The Committee of the Regions Political assembly gives to local administration a voice at the level of the EU. Members: Representatives (334) are responsible in front of the Council. Two complementary tasks : . consultation are compulsory as to some matters. + Supposed to help civil societies of countries applying to be members of the EU and close countries (ex : Africa Caribbean countries Pacific countries). he is indeed the one who proposed opinions. It is important for the Economic and Social Committee to be related to other european civil society networks.body involving a portion of civil society within the DM process of the EU. Need to expand the European model within these countries. As to adoption of op inions. It was supposed to take the power within the EU = first threat to the EU. . The Rapporteur has an important role. The objective is to create a dialogue with these groups to reach a common vision. sometimes optional. They are then proposed to the Council and the Plt and published the EU official journal.Role : It is only a consultative body.involve the elected local government in the reconstruction tendency of the same regions to try to get individuals not uncommon (ex : Corsica DOM TOM). Sometimes the Commission can deliver opinion on its own initiat ive and promote it. Four political groups : .bring EU closer to citizens. Helps EU getting more legitimate. The size of these groups is not predetermined (from 3 to 18 members). the Committee of Regions is very active as a go-between EU and regions. The threat of regional fight for independence is real within the EU.
Socialist . The Committee will check that during DM process.. as the Ombudsman is nominated by the EU Plt. that rule is always respected. . He can be elected twice and is independent in the course of its activities from the EU and its MS. Role in the DM : more and more important. Role: It is an advisory body. The Treaty requires the Commission and the Council to consult the Committee when a decision shall have regional consequences. The institutions can submit questions to the Committee as to other subject in order to generate a debate within the EU not already held.Euro people party .Labours and Democrats .Partnership : The Committee is not supposed to strengthen the autonomy of the regions but to set up a DM process associating as good as can be global and regional interests. . An action can be brought against any EU institution indeed. except the ECJ in its jurisdictional function due to the principle of separation of powers ( not always respected however).Subsidiarity : the Committee is attached to that principle. It is a recent EU institution created after the TEU (1992) and is closely linked to the concept of citizenship which appeared at the time. The Amsterdam Treaty had another five areas : employment / social policy / environment / education / travelling.Proximity : composed by people who are closed to regions. Appointment : it is nominated by the EU Plt after being elected ( Article 227 TEU). .Union for a Europe of the Nations. C) The Ombudsman The creation of this organ comes from the English and Spanish ( Defensor del pueblo ) legal traditions mainly. It is thus an organ of the EU Plt. . The Ombudsman gives indeed the possibility to the citizens to complain about EU institutions if they mal -administered the Union ( = bad governance).
The OM is not an appellate body reviewing the decisions taken by national institutions. Pbfor pltf : OM has no power to adopt binding measure. Ex of violation amounting to mal -admin : discrimination . The pltf then brought an action in front of the ECJ against the OM and the EU Plt for compensation following the prejudice he suffered (about 2 million ). Thus. violation of fundamental rights. The ECJ ascertained whether or not a claim could be brought against a decision taken by the OM. Usually. NB : Delay for bringing a claim in front of the ECJ (2 months) had lapsed since decision of the Council. He would reject complaints if a legal procedure relating to the same facts is going on at the same moment. he will informs the concerned institutions so that it can stop the violation. the action against the OM was the only one left to the pltf. Thus. He thus rejected the claim.abuse of power. The OM stated that the postponement of this examination could not be possible on the basis of fairness consideration (at to other candidates. The activities of the national courts or the national ombudsman do not fall under its jurisdiction. He has to establish the extent of the mal-administration . amounted to maladministration and infringed his rights. he has to check whether the EU institutions act accordingly to good governance . 3 march 2004 : The plaintiff (plt) argued that his summons by the Council to an oral examination could not be postponed. the institution stops the maladministration pointed out by the OM as it is politically essential for it to show that it is acting consistently with the principle of good governance. would not be fair to settle a new rule). or if an individual or a moral entity asked him to do so. When the OM establishes a maladministration. refusal to deliver information (violation if there is a duty to inform at stake). even if the pltf was sick at the time. Reports of these investigations are then published.He shall be dismissed by the ECJ at the request of the EU Plt if he no longer fulfils the conditions for the exercise of its duties or if he misconducts. Function : The Ombudsman conducts inquiries when they are based on grounds of review that fall under its powers and if he fells t hat the enquiry is necessary (= decides on his own that enquiry has to be held ). breach of reasonable delay requirement The Ombudsman (OM) can investigate within the EU institutions and bodies only. The individuals must be informed of the outcome of the enquiries. Qu : Can the OM be subjected to a legal procedure from an individual? ECJ. . not within the national administration of the MS. He then asked the OM to review the decision of the Council. even if he was sick at the time of the summons. bodies and organs.
Article 282 TEU : The European system of central bank is composed of th e ECB and the national central banks. These cou ntries. Since the LT. . keep their own currency and their national CB keep their sovereignty on these currencies. However. The second consequence: this institution is that it can be now liable to the prejudice it causes in front of the ECJ. The fact t hat the ECB is an institution will probably make it more open to what will say the other institutions. NB : This means nevertheless that even if the OM has no compulsory power. The ESCB includes EUCB ( directed by J. However. NB : The Economic and Monetary Union (EMU). national Central Banks are not considered as institutions of the EU. However. even as an EU institution. it still has its own objectives and is still independent. not member of the Euro zone ( Today. the Court stated that it would be exceptional to consider that the OM engaged the EC s liability. whether or not a county is a member of the Euro zone. It is the main actor of the economic and monetary union (article 8 TEU). D) The European Central Bank (ECB) The ECB was established on 1 st July 1998. However. EMU has led to the introduction of a single currency: the euro. They will now be cases in front of the ECJ involving the ECB.C.The ECJ held that the action for damages following the OM failure to answer properly a question submitted to him was admissible in principle on the basis of the EC non contractual liability . as the OM has a great margin of appreciation. it is a member of the EU. involves close coordination of the economic policies of the Member States at European level and requires Member States to avoid excessive budget deficits ( Stability and Growth Pact ). = European system of central banks (ESCB). They di not take part to the core activities of the Economic and Monetary Unio n. 16 States are members of the Euro zone. it could engage the responsibility of the EC. The Court thus dismissed the case. Its primary objective is to maintain price stability by defining the monetary policy of the "euro area" so as to preserve the value of the euro. as provided for in Title VII of the Treaty establishing the European Community. it will probably give more weight while setting up its policies to the general principles of the EU.). Trichet) + 27 national CB (even when their currency is not the Euro : Specific status or derogation are given to them). the ECB is a European institution while it was only an organ prior to the LT and was independent from the EU institutions.
irrespective of whether they have adopted the euro. which was annexed to the Treaty establishing the European Community and which provides the legal basis for the European Central Bank (ECB) and the European System of Central Banks (ESCB). the requirement on credit institutions established in Member States to hold minimum reserves. The normative text of the ESCB is not only the TEU but also includes the Statute of the ESCB (1992) and the ECB. which manages the European System of Central Banks (ESCB). The Protocol forms part of the Maastricht Treaty. The General Council of the ECB is the place where the policies are adopted. open market and credit operations.Euro exchange rate mechanism provides for an exchange rate policy of all the currencies within the EU. It also explains the aims and tasks of the ESCB. Def : The European System of Central Banks (ESCB) The ESCB is made up of the European Central Bank and the national central banks of the Member States. making regulations to ensure efficient and sound clearing and payment systems. The TEU endorses the ESCB with the power to perform the main supervising actions. operations with public entities. plus its protocol (2003). public entities and other market participants. The European Central Bank (ECB) . This Protocol sets out the responsibilities of the decision making bodies of the European Central Bank. holding and managing official foreign-exchange reserves of the countries of the euro area. The ESCB' s principal aim is to maintain price stability by way of: defining and implementing the monetary policy of the euro area. cooperation with the central banks and credit institutions of third countries and with international organisations. conducting foreign-exchange operations. promoting the smooth operation of payment systems. The monetary functions and operations of the ESCB involve in particular: the opening of accounts by the ECB and the national central banks for credit institutions.
either from MS and EU institutions. . Its main objective is to conduct the monetary policy and control the other CB of the EU. making it possible for the bank to do what has to be done without needed the help of any other institutions.. a tool for European policies indeed. This independence was hardly defended by Germany prior to the creation of the instituti on. For Germany. neither the ECB nor a national CB. France defended the currency dumping practice . the independence of the Euro was compulsory. The treaty expressly states that the ECB has a legal personality. The community institutions and bodies.. and it is thus a special institution as the treaty does not expressly states it for any other EU institutions. Thus. According to article 140 TEU: when exercising the powers and carrying out tasks and duty conferred upon it by TEU.The European Central Bank manages the ESCB. The ECB has its own budget. France argued that currency had to be a tool in international law by opposition. The members o f the DM bodies can not be dismissed for any other motives than those providing for within the treaty. shall take instructions. a practice the USA now relied upon. and 8 years renewable for members of the executive of the national CB. Its civil servants come from the all Union. shall respect this independence. Meets twice a month and decides what must be done with the interest rates. their ti me at offrice shall be sufficiently long and the possible of renewals of their seats shall be considered for preventing any influence. The ECB has in reality a functional independence . The CS of the ECB must be personally guaranteed independence in exercising their functions. It was established in June 1998.. nor any members of MS. It is said within treaty that ECB and national CB must be able to be provi ded with enough and autonomously use their assets.. The principle of institutiona l independence is directed to not only the ECB itself but also to the national CB. Airbus). independent from these of any other institutions. plus MS. close to functional independence indeed. Contains all the members of the Executive board + the Governors or directors of the national CB of the Euro area. The ECB is composed of 3 DM bodies : -the Governing council : main DM body of the Eurosystem. (Ex : Boeing v. It is responsible for everything concerning the Euro done by its own and by the national CB. There is a personal independence that must be guaranteed as well. The ECB is responsible for all decisions concerning the decisions to create banks notes and coins. There is also financial independence. The ECB's three decision -making bodies are the Governing Council. This LP is surely due to the need for independence of this institution. The members of the national CB must be provided with enough money to achieve well their missions. the Executive Board and the General Council. They sit for 5 years within the ECB.
which relates to a rotation system. They are appointed by common accord of the countries participating in th e euro area at the level of the Heads of State or of Government. they will be a turnover of governors within the Council (as they already are 60). Would exist as long as Euro is not adopted as the only currency within the all EU. inconsultation with the Euro plt and the governing council of the ECB. Any members of the MS can be members of the Executive Board. Term of office is 8-years non renewable. in particular. Usually meets once every three months. The Executive Board implements the monetary policy as defined by the Governing Council and gives the necessary instructions to the national central banks.The new Treaty states that the number of governors will be up to 21. even if can seem un equal.Is composed of the Pst. It also prepares meetings of the Gov erning Council and is responsible for the day -to-day management of the ECB. -the General Council (composed of the 27 Members of the EU) : composed o f the Pst and vice-Pst of the ECB and Governors of the natio CB of the 27 MS. The Governing Council This is the highest decision-making body and comprises the six members of the Executive Board and the twelve central bank governors of the Member States that have adopted the euro. They are 60. These amendments were introduced by Council Decision (EC) No 223/2003. The Protocol also sets out provisions for maintaining the Governing Council's capacity for efficient decision -making in an enlarged euro area. Each member has one vote. This has an indirect effect on interest rates throughout the euro-area economy: the interest rates at which the banks themselves can obtain money obviously have an influence on the loans they grant or on the remuneration on deposits by investors. irrespective of the number of Member States that adopt the euro. The Executive Board The Executive Board comprises the President and Vice-President of the ECB and four other members. They are appointed by common agreement of the Euro Council. System. upon recommendation of the Council. -the Executive Board (= bord of directors). The General Council . Article 283 Treaty on the functioning of the Union : unanimity procedure in the Euro Council will be replaced by qualified majority. of formulating the monetary policy for the euro area. will provide for a more efficient mechanism of DM. the vice -Rst and 4 other members all of them appointed through indifividuals recognised to have sufficient experience in economic and financial matters. To this end. the Governing Council may set interest rates at which commercial banks can obtain money from their central bank. Its main task consists.
ECB is not represented as such within the system.contributes to the advisory functions .to issue bank notes and coins . Under the EC Treaty . entities and suitable third bodies within the EU and worldwide.to cooperate at international and European level . .The General Council is the third decision -making body of the ECB. Financial and general provisions The Protocol lays down several financial provisions for the ESCB relating to financial accounts. the transfers of foreign-reserve assets to the ECB. The President of the Council of the European Union and one member of the Commission can attend ECB Genera l Council meetings but do not have the right to vote. audits. It thus brings together the central bank governors of Member States which have introduced the euro and of those which have not.collects statistical information. etc. it establishes working relations with several institutions. etc. the ECB is the only body entitled to authorise the issue of bank notes in the euro area. it: . Within its range of responsibilities. the capital of the ECB. Member States can issue coins. Responsibilities of the ECB To ensure price stability and maintain a realistic economic policy. In particular. .to stabilize the financial system and monitor the banking sector . The responsibilities of the General Council are listed in full in Article 47 of this Protocol. In the field of international cooperation. but the amount must be authorised by the ECB beforehand. . The ECB is authorized to make regulations (directly applicable in all Member States) or to take decisions (compulsory for the addressee) necessary for carrying out the tasks provided . the key for capital subscription. within the IMF for ex. contributes to the reporting activities of the ECB. the ECB decides how the ESCB is represented. The Eurosystem contributes to the smooth conduct of policies pursued by the competent authorities in connection with the prudential supervision of credit institutions and the stability of the financial system.carries out the transitional tasks of the ECB. It comprises the President and Vice-President of the ECB and the central bank governors of all the EU Member States. However. but represents the national CB of the MS. the ECB's tasks are: . .
des administrations. There are thus 2 main tools for the CB to achieve their missions : action on exchange rates and on interest rates. plus la dévaluation sera proche (car on prend la quantité totale d euro sur le marché par rapport. Ces taux sont fixés à partir du taux directeur de la banque centrale Technique d intervention directe sur le Marché peut également être mise en uvre la BC va racheter sa propre monnaie contre de la devise étrangère. Plus il y a. Politique peut être renforcée par des taux d intérêts élevés. where any CB would constitute a federate bank. et donc. d euros sur le march é. Lastly. Responsible for implementing the monetary policy of the Euro area. en vendant en échange une autre monnaie. par exemple. Ex de moyens permettant d influer sur la monnaire : Système de contrôle des changes / limitation des dépenses (des fonctionnaires. The main objectives of the national CB are : . It can also make recommendations and deliver opinions (which are not legally binding). the ECB enjoys in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks. except where jurisdiction has been conferred upon the CJEC. par ce biais on limite échanges. under the conditions laid down in the Protocol on the Privileges and Immunities of the European Communities. The National CB They are independent as well. The acts or omissions of the ECB are open to judicial review by the Court of Justice of the European Communities (CJEC). The national CB and the ECB are closely link through the Eurosystem. donc dévaluation de la monnaie interne à l international) = « politique de rigueur » (souvent imposée par le FMI). disputes between the ECB and it s creditors. debtors or any other person are decided by the courts in the Member States. à la quantité totale de dollar pour fixer les taux de change. des salaires minimaux. The ECB is subject to the liability regime provided for in Article 288 of the Treaty establishing the Europ ean Community. action on interest rates are used by the ECB. The ES can thus be seen as a federal body of CB. . par ex. At national level. The seat of the ECB was established in Frankfurt (Germany) by common accord of the Member States at the level of the Heads of State or of Government. plus la pression financière sur l euro sera forte.for in the Protocol. At the moment.to achieve tasks concerning the Euro policy.
The ESCB can take measures to facilitate payments within the Euro zone. -The ESCB manages the foreign reserves. instead of being mere campaigners.. to any companies which did obtain a license to offer that kind of services. . The Civil Society of the developing countries is kind of constructing by some international organizations.. became. This area is most usually managed by national CB today. The EC Treaty does not use this expression. the intervention of the national CB on the exchange market is free.The Civil Society During the History. To sum up. Recently.. The Eurosystem (ES) is a subdivision of the ESCB. This function has been widened by the LT. The national CB of countries members of the euro zone are members of the ES. When this limit is reached. are composing the Eurosystem. Under a certain limit.). These national CB act on the exchange market upon instructions of the ECB. it became a legal entity according to Article 1 of the Treaty on the functioning og the EU : the ECB and the national CB of those members states whose currency is the E uro. HR campaigning). This directive opens up the market of payment services at the level of the EU market. 2 treaties now apply within the EU : the TEU (dealing with institutional matters) and the Trety on the functioning of the EU (dealing with substantial matters). more and more involved in the DM process. but talks about the European System of Central Banks (ESCB) on the basis that all the Member States of the Union would adopt the euro. Since the LT entered into force. Civil Society began to get a voice through the 1960s social movements (Fight for rights of black people. -Advisory functions of the ECB : it must be consulted as to some decisions according to Treaty on the functioning of the EU. the ECB shall be consulted prior to the taking of any decisions. to ensure that the ECB has sufficient liquidity to take action on the exchange market. VII. the Eurosystem includes the ECB and the national central banks of the Member States which have adopted the single currency. An important range of activists groups grew up since (environemental groups. women. There is thus a sharing of the DM process between the national CB and the ECB. France transposed the Directive on the payments services in November. As long as there are Member States of the European Union that have not adopted the euro. the Eurosystem will co -exist alongside them.With the entry into force of the Lisbon Treaty.
Today. CS plays an important role in giving voice to the concerns of the citizens and delivering services that the people need. CS seems to be already in the system. Role and general definition of Civil Society The interaction between the EU and the CS takes various forms. Lobbying groups. At the level of the EU. Ex : Economic and Social Committee. through the involvement of the civil society. the Commission is praising for more openness of the EU. According to the White paper of 2001. According to the Commission. Other documents : Towards a reform culture of consultation and dialogue : General principles and minimum standards for consultation of interested parties by the Commission .Ex : IMF conditioning granting of debt relief to the improvement of quality of education. However. other EU advisory organs and less formalised direct contacts. The IMF then imposed that the reports adopted by the governments of developing countries showing these improvements have to be agreed upon by representatives of civil societies.) Ex with the Word Bank: co-financing of oil exploitation infrastructure within the Chad. due to legitimacy crisis of the EU institutions in the beg of the 21 st century. It is a chance to have a civil society expressing itself and to offe r them a channel to express itself. (Move from Washington consensus to taking into account of civil societies asprirations. from the Chad civil society.. or at least sign of agreement.. refers to a range of actors which include : the labour market players (trade union). There were oppositions indeed from environmental defenders and farmers. organization representing social and economic players . and meant to deal with the place of civil societies within the EU. as it is represente d within the EU institutions. within the EU 4 ways for the CS to have a word through : EU institutions. Conditions were to receive agreement. It is not so unusual to talk about civil societies within the EU. But no precisions on how to implement these propositions in fact. 2002. NGOs. Individuals (Ex: when the Commission is willing to draft a new directive. health. publishes a white or green paper on the internet. The role of these less formalised direct contact are quite clearly described by European texts. Paper states that the main problem is that there is no definition at the time of what is the civil society . Individuals can now directly give their opinions). There is a mechanism within the WB of consultations with civil societies. through the EU institutions. the debate on governance was set up.
as well as political parties or trade organizations. in the context of the promotion of specific values. where the Commission closely cooperate with NGOs. travaillait en partenariat étroit avec des ONG. The Commission and NGOs: building a stronger partnership . prior to the adoption of a legal text. Action of NGOs : political and expertise. par exemple étroite collaboration avec MSF. NGOs act. related to the well being of people..(ex : consumers organizations). Paper explains that dialogue within Commission and NGOs is important for the Commission. Distinction between NGOs and lobbies: NGOs are not created to generate financial profits (neither for them nor from their members) although they may have paid employees and engage in revenue generating businesses. Meant to protect certain values. education. a series of programs on humanitarian aid... States how the Commission can work with NGOs. It is now a partnership pre and post DM. They are independent from governments and any other public authorities. Lobbies . Timely consultations with stakeholders at a nearly stage of policy shaping is now a part of the process of policy shaping. NGOs are created voluntarily and are composed of voluntary members mainly. CBOs (Community Based Organizations). NGOs usually act at the level of the European Commission while the lobbies act at all levels. This practice is expanding through all stage of the DM. They can be distinguished from ad hoc groups or informal groups as they are legally structured. NGOs (ex : HR org. These are NGOs and lobbies. the Commission is very open to reflections coming from NGOs. These are the principal actors of the CS. or general interests (protection of environment.. Partnership not limited to that kind of dialogue. CS through NGOs NGOs are described by a paper of the Commission .). In the context of the consultation. Budget granted to NGOs by the Commission is around 1.000 million euros. Ex : Bureau d aides humanitaires créé dans les 90s. Since the 90s. but they do not distribute any profits to directors or employees. even under contracts. The two main channels of expression of the civil society. They usually are charities. non -discrimination ). HR.
transparent and regular dialogue with representatives associations and civil society . The institutions shall maintain an open. Strong formulation as it is now clear that all institutions. activities in response to the Commission s direct request. Interest representation activities are defined bu the Commission as activities carried out with the objective of influencing the policy formulation and DM process of the European institutions. Article 8. There is a wide number of lobbies. by appropriate means. such as the Church for ex. individuals Legal framework General legal features CS was not even mentioned within the Treaty until the Treaty establishing a Constitution . shall give o pportunity to citizens to express themselves.They do exist for a long time. It may obtain the opinion of groups representing CS to which the Union activities are of concern. Ex : students. They can be legally structured as if they were NGOs. give citizens and representatives associations. mainly interest representatives . According to the Commission. Why not mentioning associations expressly? Maybe as other king of organizations. A series of Commission communications take account of the lobbies in order to offer better transparency. interest representation activities do not include activities concerning legal and other professional advice. The first paragraph set forth a unilateral right to express of the CS. while the second paragraph provides for a bilateral relation through dialogue . Ex: European federation of journalists / EUROCADRE / European consumers organizations / UNICE.390 : The Council shall act after consulting the CS. NB : NGOs and lobbies are not the only ways for CS to express within the EU. They are an important numbers of interest representatives at the level of the EU. but the difference is that they represent economic interest. not means.b) Lisbon treaty: the institutions shall. Spread within the EU since the 80s. Pb: They are called differently. the opportunity to make known and publicly exchange th eir views in all areas of Union actions . activities of the social partners as actors in the social dialogue. The article set forth an obligation of result. . In this treaty: article 3. shall be considered as way for citizens to express. even the ECB. NGOs and lobbies are not mentioned however.
Pb : this convention only concerns environmental matters. and is used indeed by the EU as a way to achieve good governance. within the current EU the CS is useful. Since the LT. . But shows will of the Commission to provide the EU with a binding mechanism of public consultation. publish consultation documents. effectiveness and coherence (// White Paper 2001). the CS is now considered as an actor tha t the institutions shall be listened to during the DM process. Consultation is indeed a requirement. The principles are very general: participation. the obligation of the Commission has been considered as only concerning Economic and Social Committee and the Committee of the Regions. as set up by Protocol on the principles of subsidiary and proportionality (adopted with Amsterdam Treaty). The CS is used by Commission to give it a real vision of the world. But it as a standard as good legal framework in organizing public consultation. Clearly. on the 6 th September 2006. within the EU. openness. Each of them has to set up its own framework of cooperation. However. from the 90s. This communication sets out principles that the Commission shall respect. During the years 2000s. and wherever appropriate. CS began to be considered. it is a framework relating to the process of consultation. The Commission does no t draw any distinction between CS and interests groups. the NGOs began to become involved in the DS process. The Commission in 2002 adopted a communication where was established a (no compulsory effect however). public participation in DM an d access to justice in environmental matters . as Commission s civil servants often stand apart from the real world . If there is a legal framework. In the context of environmental matters. The Commission should consult widely before imposing legislation. Traditionally.What shall we understand as being regular dialogue ? Margin of appreciation left to the EU institutions there. accountability. the EU Plt and the Council adopted the Regulation on the application of the Aarhus Convention on access to information. The Aarhus convention is considered as the most important international instrument promoting transparency and public participation within the DM process. no express requirement as to the way the CS shall be listened to by any institutions. Only express will thus to take into account of the CS at the moment.
NGOs as such. Specific legal features as to lobbies The EU Commission and Parliament are not reluctant to work with lobbies. Pb : the EU Commission suggests NGOs to create EU NGOs. The treaties contains provisions as to the social dialogue . as they are considered to present good arguments. up-to-date and complete . This framework only applies however as to the Commission. A communication was adopted in March 2007 in order to give transparency to the framework within which lobbies acted. A distinction must be drawn between lobbying and corruption. The entry into the registry is voluntary however. The Commission created a registry in which the interest representatives shall be listed. The respect of all the principles is needed prior to the entry of any lobby within the r egistry. in order for them to express in front of EU institution through one single voice. do not benefit from any specific rights under the Treaties.Specific features as to NGOs NGOs do not have a specific legal regime devoted to them within the Treaty. and thus prevent those national NGOs to give their opinions. who is it working for?) The presentation of the interest represented shall not mislead 3 rd parties The interest representatives must set forth the interest and the client they defend in each situation The interest reps shall agree to present their opinions i n an unbiased. Is it still a pending question as the Commission is reluctant to create such a status. Also adopted a Code of conduct for the lobbies in 2008. The Commission considers that lobbies shall be transparent however. 7 principles : The lobby must be identified (name. as it fears EU NGOs would get primacy other national ones. which states for 7 principles that shall be respected by lobbies. The NGOs thus ask the EU to be provided with a legal status under EU law. The Commission set up the Code of conduct. The Commission decided that only the lobbies listed within the registry would be authorized to provide opinions to the Commission.
NB : // UNCTAD UNCTAD and Civil Society At UNCTAD´s recent Conference (2004) in São Paulo. The CSO team: Helps facilitate the participation of civil society actors . Provides civil society with information and documentation. Reviews and processes requests for accreditation and observer status with UNCTAD from civil society. . the private sector and academia into the work of UNCTAD would benefit both UNCTAD and its member States. These principles cover every sensitive issue as to lobbies.The reps shall not obtain any evidence dishonestly The interest reps shall not induce EU staff to contravene their own obligations If employing former EU staff.including non-governmental and intergovernmental organizations . briefings and meetings with civil society. UNCTAD´s Civil Society Outreach Unit The Civil Society Outreach (CSO) Unit is responsible for liaison between UNCTAD and civil society. Brazil. member States agreed that better integration of NGOs. Makes a link and interacts with other UN system focal points for civil society.in the work of UNCTAD and its Conferences. Cooperation with civil society is mutually beneficial: it can help civil society organizations enhance their advocacy role in support of develop ment and it can add value to UNCTAD´s work through providing partnerships as well as through participation in joint meetings and discussion forums leading to concrete development outcomes. consultations. org anizing hearings. the interest reps must respect the obligation of its ex -member to respect confidentiality requirements.
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