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