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English for Lawyers 3

English for Lawyers 3. Lecturer: Miljen Matijašević G10, room 6/I, Tue 11:30-12:30 e-mail: miljen.matijasevic @ gmail.com Session 9, 17 Dec 2013. Today’s session. Revision of the last session Institutions of the European Union. Revision of the last session. Introduction to the EU.

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English for Lawyers 3

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  1. English for Lawyers 3 Lecturer: Miljen Matijašević G10, room 6/I, Tue11:30-12:30 e-mail: miljen.matijasevic@gmail.com Session 9, 17 Dec2013

  2. Today’s session • Revision of the last session • Institutionsofthe European Union

  3. Revision of the last session Introduction to the EU

  4. Answer the questions • What is thedifferencebetweenthe EU andtheCouncilof Europe? • What are thefourfreedomsofthe EU? • Whatdo youknowabouttheTreatyofMaastricht? • What is thedifferencebetweentheEuropeanCommunityandtheEuropeanCommunities? • What do youknowabout EU languagepolicy? • What are theprimarysourcesof EU law? • What about the secondarysources?

  5. InstitutionsoftheEuropean Union

  6. Institutions of the EU EuropeanCommission Council of the European Union European Parliament European Council Court of Justice of the European Union European Court of Auditors

  7. Other EU Bodies • European Economic and Social Committee  • Committee of the Regions • European Investment Bank • European Central Bank • European Ombudsman • European Data Protection Supervisor • Office for Official Publications of the European Communities • European Personnel Selection Office • European Administrative School • Etc.

  8. Council of the European Union • a.k.a. Council of Ministers • represents the interests of the Member States • SEAT: Bruxelles • members: 28 national government ministers • sits in 9 configurations, depending on the topic of discussion • presidency of the Council – each MS chairs for 6 months – rotation (current: Lithuania)

  9. Council of the European Union THE NINE CONFIGURATIONS: • General Affairs and External Relations • Economic and Financial Affairs (ECOFIN) • Justice and Home Affairs (JHA) • Employment, Social Policy, Health and Consumer Affairs • Competitiveness • Transport, Telecommunications and Energy • Agriculture and Fisheries • Environment • Education, Youth and Culture

  10. Council of the European Union • tasks of the Council: • passes European legislation (co-decision with the EP) – proposals of the EC • co-ordinates national policies of MS • concludes international agreements • approves EU budget(powersharedwith EP) • common foreign and security policy • freedom, security and justice • decisions made by a qualified majority vote (55% of MS representing 65% of EU population)

  11. European Parliament • represents the interests of EU citizens • SEAT: Strasbourg, Bruxelles and Luxemburg • members: 766 Members of the EuropeanParliament(MEPs) • chosen by EU citizens in elections for the EP • elections held every 5 years • representation by political groups, not by MS

  12. European Parliament 2009-2014

  13. European Parliament • tasks of the European Parliament: • passes European legislation (co-decision with the Council) • approves EU budget (shared with Council) • supervision of other EU institutions • approval of the members of the European Commission • receive reports by the Commission and the Council and can ask them questions

  14. European Commission • represents the interests of the EU • SEAT: Bruxelles • members: 28 members of the European Commission; (informally ‘commissioners’) • a ‘government’ for the EU – the executive • EC: 27 Directorates-General (glavne uprave) • members proposed by national governments, approved by the Council and the EP

  15. European Commission • tasks of the European Commission: • drafts proposals of EU legislation • implements EU policies • enforces European law (‘guardian of the Treaties’) • controls EU budget

  16. European Council • defines general directions and priorities of the EU • SEAT: Bruxelles • members: Heads of States or Governments of EU Member States • headed by the President of the European Council (Herman Van Rompuy); a.k.a. President of the EU • certainpowersofappointment

  17. The Court of Justice of the EU • judicialbodyofthe EU • SEAT: Luxemburg (working language: French) • members: 28 judges • jurisdiction: • supervisesinterpretationandapplicationof EU lawbynationalcourts • enforces EU law • settlesdisputesbetweenMemberStates, EU institutions, businessesandindividuals

  18. The Court of Justice of the EU • comprises: • TheEuropean Court ofJustice • The General Court • Civil Service Tribunal

  19. The Court of Justice of the EU The European Court of Justice • usually sits in chambers (3, 5 or 15 judges) or sometimesthewhole Court • assisted by 9 independent advocates-general who propose opinions on cases • Writtenandoralstages • Judgments – majoritydecisions, readoutpublicly

  20. TheEuropean Court ofJustice • Givesrulingsinfive most commontypesofcases: • Requests for a preliminaryruling • Actions for failure to fulfilanobligation • Actions for annulment • Actions for failure to act • Directactions

  21. ECJ – typesofcases • Preliminaryruling procedure • National courtsaskingthe Court to interpret a provisionof EU law • Preventsmisconstructionof EU law • Actions for failure to fulfilanobligation • Actionsbroughtagainstgovernmentsof EU memberstates for failure to apply EU law • BroughtbytheCommission or another MS

  22. ECJ – typesofcases • Actionsfor annulment • Broughtagainst EU lawsconsidered to beinconflictwithprimarylegislationor fundamentalrights • Broughtby a MS, theCouncil or theCommission, or sometimesanindividual • Actionsfor failure to act • broughtagainst EU institutions for failing to makedecisionsrequiredofthem

  23. ECJ – typesofcases • DirectActions • Broughtbyindividuals, companies or organisationsagainst EU decisions or actions • Claimantcanseekcompensation for damagesustained • HeardbytheGeneral Court

  24. Civil Service Tribunal Civil Service Tribunal • resolves disputes between EU institutions and theirstaffconcerningworkingrelations or socialsecurityissues (sickpay, occupationalhazards, old age, etc.) • handlesabout 120 suchcases a year, pertaining to approx. 35,000 membersofstaff • disputesbetweenvariousbodiesofthe EU andtheirstaff

  25. European Court of Auditors • not an actual court • one member from each Member State • tasks: • checks EU income and expenditure (EU budget) • checks the collection of EU taxes from citizens and whether they are spent economically, legally and for the intended purpose • investigates the financial statements of any person or organisation handling EU funds • carries out a yearly audit and report to the EP and the Council

  26. Vocabularypractice

  27. TranslateintoCroatian • Council of Europe • European Council • Council of the European Union • European Communities • co-decision • Directorate-General • advocate-general

  28. Answers • Council of Europe – Vijeće Europe • European Council – Europsko vijeće • Council of the European Union – Vijeće Europske unije • European Communities – Europske zajednice • co-decision – suodlučivanje • Directorate-General – glavna uprava • advocate-general – nezavisni odvjetnik

  29. TranslateintoCroatian • A preliminaryruling • Actions for failure to fulfilanobligation • Actions for annulment • Actions for failure to act • Directactions

  30. TranslateintoCroatian • Prethodna pitanja • Tužbe zbog neispunjenja obveze • Tužbe za poništenje • Tužbe zbog propusta • Izravne tužbe

  31. Thank you for your attention!

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