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

https://www.google.ro/search?q=european+parliament&biw=1280&bih=895&source=lnms&tbm=isch&sa=X&ei=2T9cVfSSCJDB7AbRpoOwBg&sqi=2&ved=0CAYQ_AUoAQ#imgrc=xRYs3BayP3_BBM%253A%3BsLYbbaY-AWINhM%3Bhttp%253A%252F%252Fprobonojournal.com%252Fwp-content%252Fuploads%252F2014%252F12%252FEuropean-Parliament-S.jpg%3Bhttp%253A%252F%252Fprobonojournal.com%252Fpope-francis-in-front-of-the-european-parliament%252F%3B3072%3B2304

 

 

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