European Court of Justice, general information

Following the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union now has legal personality and has acquired the competences previously conferred on the European Community. Community law has therefore become European Union law, which also includes all the provisions previously adopted under the Treaty on European Union as applicable before the Treaty of Lisbon. In the following presentation, the term ‘Community law’ will nevertheless be used where reference is being made to the case-law of the Court of Justice before the entry into force of the Treaty of Lisbon.

Jurisdiction

To enable it properly to fulfil its task, the Court has been given clearly defined jurisdiction, which it exercises on references for preliminary rulings and in various categories of proceedings.

References for preliminary rulings

The Court of Justice cooperates with all the courts of the Member States, which are the ordinary courts in matters of European Union law. To ensure the effective and uniform application of European Union legislation and to prevent divergent interpretations, the national courts may, and sometimes must, refer to the Court of Justice and ask it to clarify a point concerning the interpretation of EU law, so that they may ascertain, for example, whether their national legislation complies with that law. A reference for a preliminary ruling may also seek the review of the validity of an act of EU law.

Actions for failure to fulfil obligations

These actions enable the Court of Justice to determine whether a Member State has fulfilled its obligations under European Union law. Before bringing the case before the Court of Justice, the Commission conducts a preliminary procedure in which the Member State concerned is given the opportunity to reply to the complaints addressed to it. If that procedure does not result in the Member State terminating the failure, an action for infringement of EU law may be brought before the Court of Justice.

Actions for annulment

By an action for annulment, the applicant seeks the annulment of a measure (in particular a regulation, directive or decision) adopted by an institution, body, office or agency of the European Union.

GENERAL COURT

As from 1 December 2009, the date on which the Treaty of Lisbon entered into force, the European Union has legal personality and has acquired the competences previously conferred on the European Community. Community law has therefore become European Union law. In the following presentation, the term ‘Community law’ will nevertheless be used where the earlier case-law of the General Court is being cited.

Procedure

The General Court has its own Rules of Procedure. Cases before the General Court follow the same procedure, subject to certain specific features peculiar to intellectual property actions and appeals. In general, the procedure includes a written phase and an oral phase.

sources: http://curia.europa.eu/jcms/jcms/Jo2_7033/

http://en.wikipedia.org/wiki/European_Court_of_Justice

European Parliament, general information

Powers and procedures

The Parliament acts as a co-legislator, sharing with the Council the power to adopt and amend legislative proposals and to decide on the EU budget. It also supervises the work of the Commission and other EU bodies and cooperates with national parliaments of EU countries to get their input. See how it all works here.

 

 Organisation and rules

Learn more about how an international, multi-lingual, political institution like the European Parliament functions on a daily basis. Find out about the procedures, the places of work, the people that provide support to the MEPs and the EP budget.

Human rights and democracy

The Parliament sees its role not only in promoting democratic decision-making in Europe but also in supporting the fight for democracy, freedom of speech and fair elections across the globe. Learn more about how Parliament stands for human rights in the world.

 

 EP in the past

Parliament has been steadily gaining powers through successive amendments of the European treaties which have given more and more clout to EU’s only directly elected body. See how the Parliament gradually emerged as a key player in the EU decision-making process.

Ordinary legislative procedure

The ordinary legislative procedure gives the same weight to the European Parliament and the Council of the European Union on a wide range of areas (for example, economic governance, immigration, energy, transport, the environment and consumer protection). The vast majority of European laws are adopted jointly by the European Parliament and the Council.

The codecision procedure was introduced by the Maastricht Treaty on European Union (1992), and extended and made more effective by the Amsterdam Treaty (1999). With the Lisbon Treaty that took effect on 1 December 2009, the renamed ordinary legislative procedure became the main legislative procedure of the EU´s decision-making system.

Budgetary powers

 Following the entry into force of the Lisbon Treaty, the European Parliament now shares the power to decide on the entire annual budget of the EU with the Council of the European Union and it has the final say.

Supervisory powers

The President of the European Parliament has the right to speak at the start of each European Council, setting out Parliament’s position on the subjects to be addressed by the heads of state and government.

After each summit the President of the European Council presents a report to the European Parliament on the outcome.

Sources: http://www.europarl.europa.eu/aboutparliament/en/20150201PVL00006/Supervisory-powers

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European Commision, general informations

Composition

The 28 commissioners, one from each EU country, provide the Commission’s political leadership during their 5-year term. Each Commissioner is assigned responsibility for specific policy areas by the President.

The current President of the European Commission is Jean-Claude Juncker.

The President is nominated by the European Council. The Council also appoints the other Commissioners in agreement with the nominated President.

Purpose

The Commission represents and upholds the interests of the EU as a whole. It oversees and implements EU policies by: proposing new laws to Parliament and the Council ; managing the EU’s budget and allocating funding ; representing the EU internationally, for example, by negotiating agreements between the EU and other countries.enforcing EU law (together with the Court of Justice).

Enforcing European law

As ‘guardian of the Treaties’, the Commission checks that each member country is applying EU law properly.

If it thinks a national government is failing to apply EU law, the Commission first sends an official letter asking it to correct the problem. As a last resort , the Commission refers the issue to the Court of Justice. The Court can impose penalties, and its decisions are binding on EU countries and institutions.

Representing the EU internationally

The Commission speaks on behalf of all EU countries in international bodies like the World Trade Organisation.

It also negotiates international agreements for the EU such as the Cotonou Agreement (on aid and trade between the EU and developing countries in Africa, the Caribbean and the Pacific).

Location

The Commission is based in Brussels and Luxembourg and has offices (representations) in every EU country and delegations in capital cities around the world.

sources: http://europa.eu/about-eu/institutions-bodies/european-commission/index_en.htm

EU relations and agreements with USA

History

The EU and U.S. are the biggest economic and military powers in the world (even if the EU does not have a common defense policy), they dominate global trade, they play the leading roles in international political relations, and what one says matters a great deal not only to the other, but to much of the rest of the world. And yet they have regularly disagreed with each other on a wide range of specific issues, as well as having often quite different political, economic, and social agendas. Due to the European Union not having a fully integrated foreign policy, relations could be more complicated where the EU did not have a common agreed position e.g. EU foreign policy was divided during the Iraq War. Understanding the relationship today means reviewing developments that predate the creation of the European Economic Community (precursor to today’s European Union).

Trade

Euro-American relations are primarily concerned with trade policy. The EU is a near-fully unified trade bloc and this, together with competition policyt, are the primary matters of substance currently between the EU and the USA. The two together represent 60% of global GDP, 33% of world trade in goods and 42% of world trade in services. The growth of the EU’s economic power has led to a number of trade conflicts between the two powers; although both are dependent upon the other’s economic market and disputes affect only 2% of trade. See below for details of trade flows.

Eu – US policy

Annual Summits are held between United States and European Union policy makers. When these take place in Europe, they have historically taken place in the country that holds the rotating Precidency of the European Union.

Defence contracts

In March 2010 EADS and its U.S. partner pulled out of a contract to build air refuelling planes worth $35 billion. They had previously won the bid but it was rerun and EADS claimed the new process was biased towards Boeing. The European Commision said it would be “highly regrettable” if the tendering process did prove to be biased. There was substantial opposition to EADS in Washington due to the ongoing Boeing-Airbus (owned by EADS) dispute.

Delegations

The current Eu ambassador of the United States is Jao Vale de Almeida and the Eu’s embasssy in Washington D.C., was the first overseas delegation of the EU to open.

The U.S. ambassador to the EU is William KennardThe United States was the first third-country to recognise the EU’s earliest forerunner, the European Coal and Steel Community, and first appointed an observer in 1953: David E. Bruce. Their first mission opened in 1956.

The Transatlantic Economic Council is headed by the U.S. Deputy National Security Advisor for International Economic Affairs and the EU’s Commissioner of Trade.

sources: http://en.wikipedia.org/wiki/United_States%E2%80%93European_Union_relations

Eu relations with Turkey

Istanbul Mosque ©

 Turkey has been a candidate for EU membership since 1999. Accession negotiations started in 2005.

As a major emerging economy and a member of NATO and the G20, Turkey is a key partner for the European Union. It is recognised as an active regional foreign policy player, with a strategic location, including for the EU’s energy security. The EU is therefore committed to intensify further the political dialogue with Turkey in particular on foreign policy issues of mutual interest.

EU-Turkey political dialogue is carried on at all levels on issues of mutual concern. At ministerial level, dialogue is led for the EU by Federica Mogherini (High Representative for Foreign Affairs and Security Policy) and Johannes Hahn (Commissioner for European Neighbourhood Policy and Enlargement Negotiations).

The Ankara Agreement and the Additional Protocol of 1970:

Turkey-EU relations were initiated in the framework of the association regime based on Ankara Agreement which was signed with the European Economic Community on 12 September 1963 and took effect on 1 December 1964. Ankara Agreement envisaged three stages for the integration of Turkey and the EU, namely a preparatory stage, a transitional stage and a final stage. The completion of the Customs Union was planned at the end of the transitional stage. With the finalisation of the preparatory stage as foreseen in the Agreement, provisions of the transitional stage and the obligations of the Parties were determined in the Additional Protocol signed on 13 November 1970 and put into effect in 1973.

Customs Union:

With the completion of the transitional stage, the Customs Union, which constitutes an important stage for our integration with the EU, entered into force on 1 January 1996. The level of integration between the Parties reached an advanced point with the Customs Union and the next goal of Turkey became the membership to the EU, as indicated in Ankara Agreement (Article 28). The Customs Union continues to be a fundamental dimension of our relations with the EU. (The main organs of the existing association regime are the Association Council, the Association Committee, the Customs Cooperation Committee and the Joint Customs Cooperation Committee.)

The Helsinki Summit, the “candidate status” and the opening of accession negotiations:

A new period began in the relations between Turkey and the EU after Turkey assumed “candidate status” during the Helsinki Summit on 10-11 December 1999. At the Brussels Summit on 16-17 December 2004, the decisions taken in the 1999 Helsinki Summit were reaffirmed, as the Council took note that Turkey sufficiently fulfilled the political criteria and decided to open accession negotiations with Turkey on 3 October 2005. Accession negotiations were launched on the abovementioned date, as planned.

The reform process:

Turkey is going through a comprehensive political and economic transformation process. The impetus created by Turkey’s accession negotiations has been influential in this process as well. Large-scale reforms are being realised in order to attain the highest norms and standards in the field of democracy, the rule of law and human rights in line with the needs and expectations of the society. The Constitutional amendment package adopted by the referendum held on 12 September 2010 was an important step in the reform process. On the other hand, work is also under way to prepare and adopt a new, progressive and comprehensive constitution.

The 3rd Judiciary Reform Package which institutes new arrangements to increase the efficiency of judiciary services and on postponement of cases and sentences related to offences committed through the press, took effect on 5 July 2012. The 4th Judiciary Reform Package was adopted by the Turkish Grand National Assembly on 12 April 2013. In addition, on the basis of the laws adopted in June 2012, Ombudsman and the Human Rights Institutions were established. Ombudsman started to receive petitions in March 2013.

The 28th meeting of the Reform Monitoring Group which first gathered in 2003, with the participation of Ministers of Foreign Affairs, EU, Justice and Interior, was held on 15 June 2013 in Ankara.

Despite the standstill in the accession negotiations due to blockage of negotiation chapters, the establishment of the Ministry for European Union Affairs in 2011, is another demonstration of Turkey’s determined drive towards EU membership and in this context, for reforms.

Sources:http://www.mfa.gov.tr/relations-between-turkey-and-the-european-union.en.mfa

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