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Slavko Bogdanovic INSTITUTIONS & LEGISLATION OF EU

Activity 1.1 W O R K S H O P I E UROPEAN UNI ON – THE GOAL TO ACIEVE Hotel TERMAG , Jahorina 19-20. septembar 2012 Hotel JELENA, Brčko 01 . i 02 . oktobar 2012. Slavko Bogdanovic INSTITUTIONS & LEGISLATION OF EU. CONTENTS OF PRESENTATION. CIRCUMSTANCES PRECEEDING ORIGINE OF EU

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Slavko Bogdanovic INSTITUTIONS & LEGISLATION OF EU

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  1. Activity 1.1W O R K S H O P IEUROPEAN UNION – THE GOAL TO ACIEVE Hotel TERMAG , Jahorina19-20. septembar 2012Hotel JELENA, Brčko01. i 02. oktobar 2012 Slavko Bogdanovic INSTITUTIONS & LEGISLATION OF EU

  2. CONTENTS OF PRESENTATION • CIRCUMSTANCES PRECEEDING ORIGINE OF EU • ORIGINE OF EU • GRADUAL ENLARGEMENT • INSTITUTIONS • LEGISLATION • CURRENT DEVELOPMENT TREND

  3. INSTEAD OF INTRODUCTION Peace among soveriegn nations require[...]that each nation develops itself fully, and regards it as its self-interest to develop the others fully, and vice versa – a real “family of nations”. [Westfal Peace Treaties 1648, Article I] Cooperation between nations, while essential, cannot alone meet our problem. What must be sought is a fusion of the interests of the European peoples and not merely another effort to maintain an equilibrium of those interests. [Jean Monnet, on Schuman’s Declaration] [French Government] ... Proposes that Franco-German production of coal and steel as whole be placed under a common High Authority, within the framework of an organization open to the participation of the other countries of Europe. [Schuman’s Deklaracija, 9 May 1950] Europe will emerge from all this;a Europethat is firmly united and solidly built;a Europewhere living standards will rise as a result of pooling of production and the expansion of markets leading to lower prices... [Robert Schuman, 9 Maj 1950; Preface announcement of Declaration]

  4. I. CIRCUMSTANCES PRECEEDING OF EU • Situation after WWII • OEEC (1948) – Organization for European Cooperation • Council of Europe (5May 1949) • Schuman’s Declaration (9May 1950) • ECSC (Paris, 18. April 1951) European Coal and Steel Community • EDC (27. Maj 1952) Europeaan Defense Community & EPC - European Political Community [attempt failed 1954]

  5. II. ORIGIN OF EU ECSC – European Coal and Steel Community (1951) Member countriesFrance, Germany, Belgium, The Netherlands, Luxsemburg, Italy PrinciplesSuperiority of institutions; Independence of institutions; Inter- institutional cooperation; Equality between Member States InstitutionsHigh Authority; Council of Ministers; Parliamentary Assembly; Court of Justice Decisions of HighBinding and enforcible for member states; staff – Authorityjoint appointment, independence in work (from Member States); protection of rights procedure

  6. III. GRADUAL ENLARGEMENT 1 • Ministerial Conference in Messina, 1-2 June 1955 • Treaties of Rome (25 March 1957) • EEC – EuropeanEconomic Community established Initial intention: custom union; Established:common market – freedom of movement of people,products, services and capital • EURATOM – European Atomic Energy Community • Support to development of nuclear industry in member countries; use of atomic fissia exclusively for peaceful purposes; providing row material (common nucler market) • Six members (ECSC) – France, Germany, Benelux countries and Italy • Merger Treaty(8 April 1965) Merger of institutions of ECSC, EEC and EUROATOM • Friendship Treaty between France and germany (1963) close political cooperation with long-term goal of inclusion other countries also [Hardships in implementation of the Treaties of Rome, during 1960s]

  7. III. GRADUAL ENLARGEMENT 2 • Luxsemburgcompromise (28-29 January 1966) – taking decisions by qualified majority in the Council of Ministers [France refused…] • Custom union and joint external custom taxes (1 July 1968) • Enlagement to the North – UK, Irelandand Denmarkbecame mebers – 1 January 1973; [Norway] • Decision has been taken EMU – European monetary Union (1972) to be formed till 1980 • Paris (9-10 December 1974) – The Council of EU (presidents of states and governments) • 7-10. June 1979 – First general and direct elections for the European Parliament • Greece bacame tenth Member State 1 January 1981 • Grenland dissmembered with EEZ (1982)

  8. III. GRADUAL ENLARGEMENT 3 • Shengen Treaty (1985); another signed 19 June 1990 in Luxemburg • Spain andPortugal became Members 1 January 1986 • SEA –Single European Actt (in force from 1 July 1987) – reform of institutions (amending of the Treaties of Rome); enhancing competences; framework for foreign policy (12 Member Countries) • TERATY ON EUROPEAN UNION (Maastricht, 7 February 1992; in force from 1 November 1993); economic and monetary union • Switzerland voted on referendum against its membership in EU (6 December 1992) • Treaty on EEA – European Economic Area (17 March 1993)

  9. III. GRADUAL ENLARGEMENT 4 • 29 November 1993 – decision taken on seat of new EU institutions – Frankfurt (EuropeanMonetaryInstitut); The Hague (Europol); Denmark (European Environmental Agency) • 1 May 2004 Estonia, Latvia, Lithuania, Czech Republic, Slovakia, Poland, Hungary, Slovenia, Malta and Cyprusbecame members of EU • Finlandand Austria became mebers of EU 1 January 1995 • Decision of the Council of EU on formingStability Pact (13-14 December 1996) • Amsterdam Treatyin power (1 January 1999) - amendments to EU Treaties; enhanced role of Parliamenta; rigts of individuals) • Nice treaty (signed 7-11 December 2001) – institutional changes, taking decision by majority • Romanija and Bulgariabecame Mebers of EU 1 January 2007 • 2009 Lisbon Treaty in power (signed 2007) – TEU and TFEU (consolid.)

  10. III. GRADUAL WIDENING 5TREATY TIME LINE[http://en.wikipedia.org/wiki/Treaties_of_the_European_Union]

  11. IV. INSTITUTIONS 1 MAIN AUTHORITIES • EU Parliament • European Council • Council of EU • EU Comission • European Court of Justice • EU Central Bank • European economic and social Committee • Committee of Regions ADOPTION OF LEGISLATION • EU Parliament • Council of EU • EU Commission

  12. IV. INSTITUTIONS2 • EUROPEANCOUNCIL COMOSPITION:presidents of states and governments;president of Council; president of Commission; High Representative for Foreign Affairs COMPETENCE: defining of general policy & priorities; complex and sensitiveissues; no power for taking legislation MEETINGS: once in 6 months; usually 4 times a year DECISIONS: consensus orqualified majority;presidents of the Council and Commission and High Representative do not vote HISTORY: Began with work 1974 as a non-formal meeting One of 7 official institutions of EU under Lisbon Treaty (2009)

  13. IV. INSTITUTIONS 3 2. COUNCIL OF EU (CONSILIUM) COMOSPITION:No permannent representatives; for each session – competent ministers from member countries; title of Council– according thematic areas, i.e.:Environmental Council COMPETENCE: adoption of legislation (co-decision with Parliament); coordination of economic policies; signing of int’l treaties (in certain areas); co-decision on budget of EU (with Parliament); joint foreign and defense pilicy (main forum) TAKING DECISIONS: qualified majority (in principle); for certain issues – 2/3; quorum – at least 255 votes and i 65% oftotal number of population; unanimous for sensitive issuess (security, foreign affairs, taxation) NUMBER OF VOTES: • Germany, France, Italy, UK 29 • Spain, Poland 27 • Romania 14 • The Netherlands 13 • Belgium, Czech Republic, Greece, Hungary, Portugal12 • Austria, Bulgaria, Sveden 10 • Denmark, Ireland, Lithuanij, Slovakia, Finland 7 • Cyprus, Estonia, Latvia, Luxemburg, Slovenia 4 • Malta 3 TOTAL 345

  14. IV. INSTITUTIONS 4 EU PARLIAMENT COMPOSITION: 736 ; proportionality to number of population; direct elections; minimum 6 (Malta), maximum 96 (Nemačka); gruped according political not national affiliations (European Peoples Party, Progressive Alliance of Social ists and Democrats, Alliance of Liberals and Democrats for Europe, The Greens – European Free Alliance, European Conservatives and Reformists, EU Left-Nordic Green Left, Europe of Freedom and Democracy)[7th] NADLEŽNOST: Co-decision on legislation, together with Council; surveilnace over other institutions (particularly over Commission), EU budget; enhanced competence by Lisbon Treaty (agriculture, energy, imigration policy) ADOPTION OF LEGISLATION: ordinary proceeding (codecision with Council); proposal of the Commission; two readings; Conciliation Committee in case of dissagreement (27 members of Paliament & one representative of each country; Commission present); third reading & adopting or rejecting (rejecting by majority votes) SURVEILANCE OVER INSTITUTIONS: approving appointmento of 27 members of the Commission (list may be rejected; request Commission to dissmiss (motion of censure); reports of the Commission and inqiry of commissioners; petitions of citizens and committees for enquiry; opinion on the agenda of the Council; opinion on the budget handling by commissioners, etc.

  15. IV. INSTITUTIONS 5 KOMISIJA EU COMPOSITION:27 commissioners; 5 year term of office; specific competence; appointed, and president also, by Council of EU, their nomination must be approved by the Parliament; responsible to the Parliament, which may dissmiss Commission; staff – administartators, lawyers, economists, translator, interpreters etc. COMPETENCE: proposal to the Council and Parliament new legislation (at least 14 commissionarsmust be in favor); dispose budget and allocate funds;enforcement of legislation – WATCHDOG OF TREATIES (together with ECJ), represents EU oninternational stage ORGANIZATION:33 departments (general directorates); 11 services; 35 agencies& decentralizedbodies (connected); Institutions of EURATOM & 6 executive agencies. EEA – European Environmental Agency

  16. IV. INSTITUTIONS ORGANI6 EUROPEAN ENVIRONMENTAL AGENCY MEMBER STATES: 27 EU countires and Island, Lichtenstein, Norway, Switzerland, Turkey; partners in EIONET – natonal agencies for environmental protection and ministries, with over 300 institutions on lower levels STAFF: approx. 130 BUDGET: € 40 M LEGAL BASIS: Regulation No 401/2009 on EEA & EINOTET (Consolidated text) COMPETENCE:providing independent information and assessments on environment EXAMPLES: Reports on State of Environment (SOE); trends in environment, including economic and social faktors as cause of pressure; politics and their effectiveness; possible future trends and problems PRIORITIES: air quality and emissions in atmosphere; kvality of waters, polluting substances and water resources; state of soil, flora & fauna & biotops; land use and natural resources; waste management; chemical substances hazardous for environment; coastal and marine protection

  17. V. LEGISLATION GENERAL DIVISION: Primary(Treaties on EU – TEU & TFEU) Sekondary • binding (regulations; directives; decisions) • autoritative instruments (opinions, recommendations; common positions) Sui generis decisions(internal rules of procedure; acts on formingnewbodies; actsfor budget adoption; actsapproving int’l treaties; actsimposing multy-yearaction programmes) Soft law instrumenti (declarations; rezervations; rezolutions; notices; communications; guidelines; frameworks) NATIONALIMPLEMENTATION MEASURES BREACHING / NON-IMPLEMENTIN EU LEGISLATION INFRIDGEMENT PROCEDURE

  18. VI. CURRENT TREND IN DEVELOPMENT Croatia became member in mid-2013 Countries candidate for membership • Turkey (1987) • Macedonia (2004) • Montenegro (2008) • Island (2009) • Serbia (2009) Countries potential candidates for membership • BiH (2008...) • Albania (2009) • Kosovo (...) Constitution of EU announced for 2014

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