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By signing the Treaty of Rome each of
the member countries agreed that they would work together
to make a common set of trading laws. Instead of having
separate national rules or standards they agreed to harmonise
to create a common united market. In some instances this
has meant changing some of our own national laws.
In order to share in the benefits of
belonging to the Community we have had to be prepared to
compromise as some decisions that affect our lives are made
within other EU countries.
To bring out a new law, or to change
an existing one, always takes time. The problem with an
EU law is magnified fifteen times. Often each country will
want to keep the standards it already has. The law-making
process is very complicated and can sometimes take years.
In order to understand how EU laws
are made, it is necessary to start by looking at the organisations
involved in the EU.
There are five institutions involved
in running the European Union:
- the European Parliament (elected by the peoples
of the Member States).
- the Council (representing the governments of
the Member States).
- the Commission (the executive and the body having
the right to initiate legislation).
- the Court of Justice (ensuring compliance with
the law).
- the Court of Auditors (responsible for auditing
the accounts).
These institutions are supported by other
bodies:
- the Economic and Social Committee,
- the Committees of the Regions
(advisory bodies which help to ensure that the positions
of the EU's various economic and social categories and
regions respectively are taken into account),
- the European Ombudsman (dealing
with complaints from citizens concerning mal-administration
at European level),
- the European Investment Bank
(EU financial institution)
1) The European Parliament
The most important powers of the European Parliament fall
into 3 categories:
- legislative power
- power over the budget
- supervision of the executive
It is often described as the "watchdog"
of the EU because it keeps an eye on how those other two
bodies are working. It also watches how the money is being
spent. The budget for the EU is quite large and has to be
shared out as fairly as possible between all the countries.
Now more than ever before, it is in a
much better position to do both because its responsibilities
have been gradually widened and its powers strengthened
first by the Single Act of 1987 and then by the Treaty of
European Union of 1993.
Meetings of the Parliament are
held about once a month in Strasbourg or Luxembourg. The
people who sit in Parliament are called Euro-MP's, they
are appointed by elections which are held every five years.
They are directly elected by the 370 million citizens of
the Union that it represents.
2) The Council of the European Union
More commonly known as the Council of Ministers, this institution
has no equivalent anywhere in the world. This is the decision-making
body and it decides on whether or not the proposals put
to it by the European Commission become law.
Each country will send one of its own
government ministers to attend the Council. Most of the
time it will be the Foreign Minister but if, for example,
the Council are discussing something which would affect
agriculture, then the Minister of Agriculture would attend.
Meetings of the Council are held in Brussels
or Luxembourg. The Presidency of the Council rotates between
member states every six months: January until June, July
until December.
3) The European Commission
The Commission is made up of representatives from each member
country and sits in Brussels. They are not elected by the
European people, but are chosen by each country's own government.
The Commission's job is to plan policies
and to put together written proposals on what it feels the
Union ought to be doing. It also acts as a mediator and
will try to sort out arguments between governments if they
can't agree between themselves.
Whenever they are looking at any proposals
or problems, members of the Commission must put the European
interest first. They should think about the situation in
Europe as a whole rather than about their own country's
individual needs.
The role and responsibilities of the
European Commission place it firmly at the heart of the
European Union's policy-making process. In some respects,
it acts as the heart of Europe, from which the other institutions
derive much of their energy and purpose.
4) The European Court of Justice
The European Court of justice sits in Luxembourg and
is made up of one judge from each Member State. It is there
to make sure that once an EU law is made, all the countries
within the Community follow it fairly. If there is a disagreement,
then the Court of Justice can decide who is right.
The Court may be called upon by the Commission,
the Council of Ministers, a member country or an individual
citizen. But once it has made a decision, it has the full
force of law. This means that everyone in the EU has to
obey the Court's ruling or decision.
The Court of Justice provides the judicial
safeguards necessary to ensure that the law is observed
in the interpretation and application of the Treaties and,
generally in all of the activities of the Union.
Community law has successfully become
part of the law in each Member States, due to it having
been interpreted and applied by the citizens, the administrative
authorities and the courts of all of the Member States.
It is now a uniform body of rules that individuals may rely
upon in their national courts.
The decisions of the Court have made
Community law a reality for the citizens of Europe and often
have important constitutional and economic consequences.
Example
In 1986, the European Court of Justice
ruled that it is illegal to force British women workers
to retire from their jobs earlier than men. The case had
been brought by Mrs Helen Marshall who was asked to retire
from her job as Senior Dietician in a Southampton hospital
when she reached 60 years of age. She felt that this was
unfair because her male colleagues were allowed to stay
until 65.
The Court of Justice decided that the
British Government was acting unlawfully and had broken
the EU's 1976 Sex Equality Rules.
5) Court of Auditors
This is the taxpayers' representative, responsible for checking
that the European Union spends its money according to its
budgetary rules and regulations and for the purposes for
which it is intended.
It guarantees that certain moral,
administrative and accounting principles are respected.
The Court's reports are a rich source of information on
the management of the Union's finances, and a source of
pressure on the institutions and others with administrative
responsibility to manage them soundly.
1) Economic and Social Committee
This is an important
group which gives advice to the European Commission, the
Council and the European Parliament. The opinions that it
delivers (either in response to a referral or on its own
initiative) are drawn up by representatives of the various
categories of economic and social activity in the European
Union.
Members of the committee come from each
E.E.C. country. They are chosen by their government and
represent people from different backgrounds and with different
interests. Some may be employers, some workers or trade
union members or ordinary consumers.
2) Committee of the Regions
This is the European Union's youngest institution whose
birth reflects Member States' strong desire not only to
respect regional and local identities and prerogatives but
also to involve them in the development and implementation
of EU policies.
For the first time in the history of
the European Union, there is now a legal obligation to consult
the representatives of local and regional authorities on
a variety of matters that concern them directly.
3) The European Ombudsman
Every citizen of each Member State is both a national and
a European citizen. One of the rights of all European citizens
is to apply to the European Ombudsman if they are a victim
of an act of "maladministration" by any of the
EU institutions or bodies.
The Ombudsman has wide ranging powers
of inquiry:-
- Community institutions and bodies are
required under certain conditions to provide all the documents
and evidence that he requests; he may also obtain information
from national authorities.
- He is empowered to act as a conciliator between citizens
and the Community administration.
- He is entitled to make recommendations to EC institutions
and he can refer cases to the European Parliament so that
the latter can, where appropriate, draw political conclusions
from the attitude taken by the administration.
4) European Investment Bank
This is the European Union's financing institution. It provides
loans for capital investment promoting the Union's balanced
economic development and integration. The EIB is an enormously
flexible and cost-effective source of finance whose 33 billion
Euro volume of annual lending makes it the largest international
financing institution in the world.
However, the consumer groups often
do not wait to be asked for their opinion. If they feel
strongly about something they will lobby, or put pressure
on, their Euro-M.P.'s in much the same way as United Kingdom
M.P.'s are lobbied at Westminster. That way, the groups
make sure that the Euro-M. P.'s are kept in touch with the
way ordinary people feel.
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