English for European Studies Students

with a minimum threshold of five per member state and no member state being allocated more than 99 seats.)

The allocation of seats to each member state is based on the principle of digressive proportionality, so that, while the size of the population of each country is taken into account, smaller states elect more MEPs than would be strictly justified by their populations alone. As the number of MEPs granted to each country has arisen from treaty negotiations, there is no precise formula for the apportionment of seats among member states. No change in this configuration can occur without the unanimous consent of all governments.

With the accession of Bulgaria and Romania on 1 January 2007 the number of seats in the European Parliament was temporarily raised to 785 in order to accommodate MEPs from these countries. After the 2009 elections the number of seats will be reduced to 736. However, the Treaty establishing a Constitution for Europe would provide for a maximum number of 750 Members.

Since 1 January 2007, membership of the European Parliament has been as follows:

Salaries and expenses

MEPs currently receive the same salary as members of their national parliaments. As a result, Italian MEPs earn four times as much as their Spanish counterparts - and about 14 times more than MEPs from some new member states.

Unofficially, it is accepted that MEPs on lower salaries will supplement their incomes from their expenses budget. MEPs get 150,000 euros per year for office expenses and are not obliged to account for this expenditure. They are also reimbursed for full-price air travel to and from their home country even if they fly by low-cost airline.

From 2009 all MEPs will receive the same fixed salary, set at 38.5% of the basic salary of a European Court of Justice judge. In 2005 that would have been 7,015 euros per month.

Elections

Since the first European election in 1979, voter turnout has been in steady decline.

The overall turnout figure in 1979 was 63%; in 2004 it was 45.7%. These figures mask very different participation rates between different member countries: turnout in Slovakia was 17% in 2004, compared with 73% in Italy. It was also high in Belgium, Greece and Luxembourg, where voting is compulsory.

Over the same period, the number of people participating in national elections has also tended to drop, in some cases by 10% or more. While 76% of voters cast ballots in the UK's 1979 general

election, only 59% turned out in 2001. In France, 71% voted in the 1980 parliamentary poll, compared with 60% in 2002.

However, participation in European elections is lower than in national elections - by an average of 22% in the 15 older member states. In the new member states, which voted for the first time in the 2004 European election, this turnout gap averaged 29%.

In the new member states, on average, only 27% of the electorate cast a vote in the 2004 election. In the other 15, turnout was 49.4% - about one half of a per cent down on 1999.

Comprehension Check

1.What are the Parliament’s powers?

2.What other structures does the Parliament cooperate with?

3.How do different parties work in the Parliaments?

4.Why are there so many political groups in the Parliament?

5.What is the minimum number of MEPs per political group?

6.How many MEPs are there in the Parliament at the moment?

7.What can the maximum number of MEPs be?

8.What is the minimum number of MEPs per member state?

9.What does the allocation of seats to each member state depend on?

10.What does the salary of MEPs depend on?

11.Why has there been a steady decline in turnout at European elections?

12.What can be done about this problem?

Describing graphs and diagrams

Describe some diagrams concerning the European Parliament. Before you start, learn the language needed to describe diagrams.

Useful language

The diagram shows an apparent trend of …

On the one hand … On the other hand…

It’s obvious that…

The diagram shows a clear connection between …

The percentage of … and … is that …

By contrast with …

In comparison with

Whereas, meanwhile, however, moreover, furthermore

To sum up, in a nutshell…

Diagram 1. Parliament’s powers

Budget

All the European Union's revenue and expenditure is entered in the Community budget

_______ the basis of annual …………………. (cast).

The budget is governed by several principles, _________:

unity: all the revenue and expenditure is brought __________ in a single document;

…………………. (annual): budget operations relate ________ a given budget year; equilibrium: expenditure _________ not exceed revenue.

The European Commission is responsible ________ submitting an annual preliminary draft budget to the Council, which shares budgetary __________ with the European Parliament. The nature of the expenditure determines how power is shared between the two institutions, depending on ___________ the expenditure is compulsory (the Council has the last word) or non-compulsory (the Parliament takes the final ………….. (decide)). ………………. (Ultimate), the European Parliament adopts or __________ the budget as a whole.

In __________ to stabilise the annual budgets, they are the subject of multiannual interinstitutional ………………. (agree) between Parliament, the Council and the Commission on

…………… (budget) discipline. These multiannual "financial perspectives" govern the ……………..

(allocate) of expenditure and seek to _________ a suitable level of funding and support the Union's

…………….. (prior).

5. Match the phrasal verbs with their meanings.

6. Fill in the gaps in the sentences below with the appropriate form of the phrasal verb from above.

a)After moving to Strasbourg from Brussels the parliament clerks have to _____________

piles of things to find what they need.

b)___________ a bill __________ the Congress is a long process.

c)Sometimes it is difficult to ___________ inexperienced people ________ legislative documents.

d)The project _______________ $50 million in the first year.

e)We couldn’t ______________ another meeting, it was so boring.

Task

Work in pairs and prepare a talk on the duties of the President, Vice-President, Bureau, Conference of Presidents, Quaestors.

Unit 7. Parliament's powers and procedures

Reading

Legislative power

The European Parliament shares legislative power equally with the Council of the European Union. This means it is empowered to adopt, amend or reject the content of European legislation.

On ‘sensitive’ questions (e.g. taxation, industrial policy, agricultural policy) the European Parliament gives only an advisory opinion (the ‘consultation procedure’).

The Parliament also has a power of political initiative. It can ask the Commission to present legislative proposals for laws to the Council.

Co-decision procedure

The co-decision procedure was introduced by the Maastricht Treaty on European Union (1992), and extended and made more effective by the Amsterdam Treaty (1999).

Two thirds of European laws are adopted jointly by the European Parliament and the Council.

First reading

The Commission presents a legislative proposal to Parliament and the Council simultaneously. Parliament adopts amendments and submits them to the Council. If the Council agrees with the outcome of Parliament’s first reading, the legislative text is adopted.

Second reading

If the Council does not accept Parliament’s first reading vote, it draws up a common position. Parliament may approve the common position or take no decision, and the legislative text is adopted in the form of the common position. Or Parliament may table amendments to the common position (subject to certain restrictions). In this case either the Council approves Parliament’s amendments, and the legislative text is adopted or the Council rejects them, and a Conciliation Committee (25 Members of Parliament and 25 Members of the Council) is convened to seek to reconcile the positions. Parliament may reject the common position by an absolute majority of its members, in which case the legislative text is rejected

Third reading

The Conciliation Committee adopts a ‘joint text’ based on the common position and the EP’s second reading amendments. If the Council and Parliament approve the ‘joint text’ in its entirety, the act is adopted. If the Conciliation Committee cannot agree on a ‘joint text’, or if Parliament or the Council does not approve it, the act is deemed not to have been adopted.

Budgetary power

The European Parliament and the Council of the European Union together constitute the Union’s budgetary authority, which decides each year on its expenditure and revenue.

The budget is adopted for one year (the budget year begins on 1 January and ends on 31 December).

The Commission prepares a preliminary draft budget submitted to the Council. On its basis the Council draws up a draft budget and forwards it to the European Parliament for first reading. Parliament amends the draft in the light of its political priorities and returns it to the Council, which can amend it in its turn before returning it to the European Parliament. Parliament adopts or rejects the amended budget at second reading.

It is the President of the European Parliament who finally adopts the budget. In the course of this budgetary procedure the Parliament makes changes and amendments to the draft budget proposed by the Council and the Commission.

The budget of the European Union

The European Union itself does not levy any taxes. Instead, the European Union’s budget is funded from four ‘own resources’:

customs duties (from the common customs tariff applied to trade with third countries) – about 10% of revenue;

agricultural levies (charged on agricultural products imported from countries outside the European Union) – about 1% of total revenue;

‘VAT resource’ (contribution by the Member States equivalent to 1% of the final selling price of a common base of goods and services) – about 14% of total resources;

‘GNP resource’ (contribution by each Member State on the basis of its share of the Community’s total GNP, with a maximum rate of 1.27%) – about three quarters of total resources.

Supervisory power

The European Parliament has major supervisory powers over the activities of the European Union. The ways of executing control include:

Citizens’ right of petition

Every European citizen has the right to petition Parliament to ask for problems to be remedied in areas within the sphere of activity of the European Union. Parliament has also appointed an Ombudsman, who deals with complaints by individuals against Community institutions or bodies with a view to reaching an amicable solution.

Inquiries

The European Parliament also has the power to set up a committee of inquiry to look into violations or wrong application of Community law by Member States.

Financial control

The European Parliament has powers of control in the economic and monetary domain. The President, the Vice-President and the members of the Executive Board of the European Central Bank cannot be appointed by the Council until the European Parliament has given its assent.

Oversight over the Commission and Council

The European Parliament exercises democratic control over the Commission and there is also a certain parliamentary oversight over the activities of the Council.

The President of the Commission is appointed by a majority vote in the Council. Parliament approves or rejects the proposed appointment. Then, in accord with the President appointed, the Member States appoint the Commissioners. The College of Commissioners must then be endorsed as a whole by Parliament.

Parliament has the power to censure the Commission; this is a fundamental instrument that can be exercised by the Members of the European Parliament to ensure democratic control within the Union. Parliament can force the College of Commissioners as a whole to resign.

The Commission regularly submits reports to Parliament (The Annual Commission Report on the Functioning of the Communities and The Annual Report on the Implementation of the Budget). Scrutinising these reports Parliament is able to exercise oversight.

Tabling written and oral questions by MEPs to the Council and the Commission is one of Parliament’s means of exercising supervision.

Parliament has a power of political initiative in that, it can call on the Commission to submit a proposal to the Council of the European Union. It regularly invites the Commission and the Council to develop existing policies or initiate new ones.

Comprehension Check

1.What are the forms of the Parliament’s legislative power?

2.How is the co-decision procedure carried out?

3.How is the European budget adopted?

4.What are the resources of the European budget?

5.What do VAT and GNP refer to?

6.What ways does the Parliament use to execute control?

7.What are the duties of Ombudsman?

8.How does the Parliament supervise the European Commission and the Council?

Describing Diagrams

Explain the diagrams given below.

The codecision procedure

First reading

(1) Commission (2) Parliament (3) Council (4) amendments (5) the adopted legislative text

Second reading

(1) Council (2) Common position (3) Parliament (4) adopted legislative text (5) Council (6) adopted legislative text

Third reading

(1) Conciliation Committee (2) ‘joint text’ (3) Parliament (4) adopted act (5) rejected act

The budgetary procedure

(1) Commission (2) preliminary draft budget (3) Council (4) Parliament (5) final budget

Vocabulary Activities

1. Match verbs to their definitions.

______________________ - to arrange a formal meeting

______________________ - to officially ask authorities to do something

______________________ - to consider that something or someone has a particular quality

______________________ - to examine something very carefully

______________________ - to find a way to make ideas, beliefs, people that are opposed to each other capable of existing together

______________________ - to give someone more control over smth

______________________ - to officially request payment of taxes

______________________ - to suggest formally in a meeting something that you would like to discuss

2. Find in the text synonyms to the words below.

3.Make up some sentences of your own using the words from Ex. 1 and 2.

4.Translate.

Депутаты Европейского Парламента избираются гражданами стран-членов ЕС сроком на пять лет. Срок полномочий Европарламента 5 лет; досрочный роспуск или самороспуск невозможен. Руководство работой Европарламента осуществляется Председателем, который избирается на два с половиной года, Бюро, ведающее административными вопросами и Конференция председателей (орган политического руководства в составе Председателя Европарламента и председателей депутатских фракций). Члены Европейского Парламента объединяются не по национальному признаку, а в соответствии с политической ориентацией.

Европейский парламент работает на сессионной основе. Его официальная резиденция - г. Страсбург (Франция). Часть заседаний Парламент проводит в Брюсселе, а его генеральный секретариат размещается в Люксембурге.

В настоящее время в качестве основных полномочий Европарламента выступает участие в законодательном процессе. Европейский парламент совместно с Советом Европейского Союза участвует в рассмотрении нормативных актов и других решений, проекты которых вносит, как правило, Комиссия.

Объем законодательных полномочий Европарламента по разным вопросам является неодинаковым:

участие в законодательном процессе с правом совещательного (“консультативная процедура”, “процедура сотрудничества”) или с правом решающего голоса (“процедура совместного принятия решений”);

участие в принятии бюджета Европейского Союза (совместно с Советом Европейского Союза);

контроль за деятельностью других органов и должностных лиц Европейского Союза (прежде всего, за Комиссией);

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полномочия по формированию органов и назначению должностных лиц, в частности, вотум доверия Комиссии и ее Председателю, назначение Омбудсмана;

санкционирование ряда важнейших международных договоров ЕС;

дача согласия на вступление в Европейский Союз новых государств-членов. Парламент обладает правом роспуска Европейской Комиссии (которым, впрочем, он

никогда не пользовался).

Unit 8. Council of the European Union

Reading

The Council of the European Union is a governing body that forms, along with the European Parliament, the legislative arm of the EU. Headquartered in Brussels, the Council was established as the Council of Ministers of the European Communities in 1967. Its name was changed to the Council of the European Union in 1993. However in official European Union documents it can be referred to simply as the Council or the Council of Ministers.

The Council of the European Union should be distinguished from the European Council, which meets four times a year in what is informally known as the 'European Summit' (EU summit), and is a closely related but separate body, made up with the heads of state and government of the member states, whose mission is to provide guidance and high level policy to the Council. It is also to be distinguished from the Council of Europe which is a completely separate international organisation (at present 46 states), not a European Union institution.

Membership

The council is composed of one minister from the government of each EU nation. Membership is fluid, with each government sending the minister appropriate to the subject then under consideration by the Council. The foreign minister is generally regarded as the coordinator and main representative of each government's delegation. Votes of council members are weighted according to the size of the nations they represent.

Distribution of votes for each Member State (since 01/01/2007)

29 votes: Germany, France, Italy and the United Kingdom.

27 votes: Spain and Poland.

14 votes: Romania.

13 votes: Netherlands.

12 votes: Belgium, the Czech Republic, Greece, Hungary and Portugal.

10 votes: Austria, Bulgaria and Sweden.

7 votes: Denmark, Ireland, Lithuania, Slovakia and Finland.

4 votes: Cyprus, Estonia, Latvia, Luxembourg and Slovenia.

3 votes: Malta.

The Presidency

The Council is presided for a period of six months (from January to June, and from July to December) by each Member State in turn, in accordance with a pre-established rota.

The Council has a President and a Secretary-General. The President of the Council is a Minister of the state currently holding the Presidency of the Council; while the Secretary-General is the head of the Council Secretariat, chosen by the member states by unanimity. The SecretaryGeneral also serves as the High Representative for the Common Foreign and Security Policy (CFSP).

The Council is assisted by the Committee of Permanent Representatives (COREPER), which consists of the ambassadors or their deputies from the diplomatic representations of the Member

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States to the European Communities. COREPER generally prepares the Council agenda, and negotiates minor and non-controversial matters, leaving controversial issues for discussion, and other issues for formal agreement, by the Council. Below COREPER, civil servants from the member states negotiate in Council working groups, often reaching de facto agreement which is formalised through COREPER and the Council of Ministers.

Role

The Council is responsible for decision-making and co-ordination. In effect, the Council performs the following functions:

Legislation - the Council passes EU law on the recommendations of the European Commission and the European Parliament.

Approval of the EU budget - the Council and the Parliament must agree on the budget. Foreign and defence policy - The Council defines and implements the EU’s common foreign

and security policy, based on guidelines set by the European Council.

Economic policy - the Council coordinates a common economic policy for the member states. Justice - the Council seeks to co-ordinate the justice system of the member states, especially in

areas such as terrorism.

Formations (Configurations)

Legally speaking, the Council is a single entity, but it is in practice divided into several different councils that meet in Brussels, each dealing with a different functional area. Each council is attended by a different type of minister. Thus, for example, meetings of the Council in its Agriculture and Fisheries formation are attended by the agriculture ministers of each member state. There are currently nine formations:

General Affairs and External Relations (GAERC) (composed of ministers for foreign affairs) Economic and Financial Affairs (Ecofin) (composed of economics and finance ministers) Agriculture and Fisheries (ministers for agriculture and fisheries, and the commissioners

responsible for agriculture, fisheries, food safety, veterinary questions and public health matters) Justice and Home Affairs Council (JHA) (Justice ministers and Interior Ministers)

Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) (employment, social protection, consumer protection, health and equal opportunities ministers)

Competitiveness (created in June 2002 through the merging of three previous configurations (Internal Market, Industry and Research). Depending on the items on the agenda, this formation is composed of ministers responsible for areas such as European affairs, industry and scientific research.)

Transport, Telecommunications and Energy (also created in June 2002, through the merging of three policies under one configuration, and with a composition also varying according to the specific items on its agenda.)

Environment (environment ministers)

Education, Youth and Culture (EYC) (education, culture, youth and communications ministers).

Comprehension Check

1.Tell about the history of the Council.

2.How many members are there in the Council at the moment? What does the number of members from each country depend on?

3.How is the Council presided?

4.What country is presiding at the moment?

5.What are the roles of the President and the Secretary-General? Who is the President at the moment? Who is the Secretary-General?

6.What is COREPER and what is its function?

7.What are the duties of the Council and how are they different from those of the Parliament?

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8. What are the configurations?

Describing Diagrams

Describe the diagram showing the structure of the Council.

Vocabulary Activities

1. Translate.

2.Use the words from above in the sentences of your own.

3.Fill in the gaps with the appropriate word (the first letter is given).

Qualified Majority Voting

Qualified Majority Voting (QMV) is a voting p……………… employed in the Council of the European Union for some d………………….. According to the procedure, each member state has a fixed number of v…………….. The number a………………. to each country is roughly d…………………. by its population.

To pass a vote by QMV, all three of the following c…………………. must apply:

the proposal must be s…………………………. by 232 out of the total of 321 votes (72.27%); the proposal must be backed by a m……………….. of member states;

the countries supporting the proposal must represent at least 62% of the total EU p………………….

At present, QMV is used to pass most l…………………... However, in some particularly sensitive areas such as Common Foreign and Security P…………………, taxation, asylum and i………………. policy, the Council’s decisions have to be u……………….. In other words, each member state has the power of v…………… in these areas.

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4. Translate.

Совет Европейского Союза является действительным органом принятия решений. В Совет входят министры правительств государств-членов в составе, зависящем от обсуждаемого круга вопросов. Совет общих дел занимается наиболее важными из вопросов, входящих в компетенцию Совета. Он состоит из министров иностранных дел государствчленов. Вопросами охраны труда занимаются соответствующие министры государствчленов, ведающие охраной труда - министры труда или социального обеспечения.

Обычно каждый совет проводит не менее двух официальных заседаний и одной неофициальной встречи в течение одного председательского срока. Совет может собираться одновременно в двух или более многочисленных составах.

В Совете представлен один министр из каждого государства-члена. Однако число голосов членов Совета зависит от размера и экономического значения страны.

Подготовка вопросов, до рассмотрения их в Комитете постоянных представителей, ведется в комитетах и рабочих группах. В обсуждении вопросов в рабочих группах участвуют эксперты центральных администраций и представительств государств-членов. В рабочих группах все предложения проходят тщательную проверку, и в Комитет постоянных представителей передаются лишь те вопросы, о которых не достигли единогласия в рабочих группах. Согласованные вопросы, как правило, не рассматриваются Комитетом постоянных представителей. Из Комитета постоянных представителей на специальное рассмотрение Советом переходят лишь вопросы, оставшиеся открытыми в Комитете постоянных представителей. С точки зрения Совета главный упор в процессе принятия решений делается на подготовке вопросов в рабочих группах. В них представители государств-членов действуют в рамках полномочий, предоставленных их министрами.

Task

Group A prepare a report about the European Council.

Group B prepare a report about the Council of Europe.

Unit 9. The European Commission

Reading

Basic Facts

The European Commission (the Commission of the European Communities) is the executive body of the EU. Alongside the Europarliament and the Council of the EU, it is one of the three main institutions governing the Union.

The Commission originated in 1951 under the terms of the Treaty Establishing the European Coal and Steel Community. In 1958 two further bodies were established under the terms of the Treaties of Rome. These were the Commission of the European Economic Community and the Commission of the European Atomic Energy Community. Finally, in 1967, these three bodies merged to form the Commission of the European Communities, the body that continues to exist to this day.

Unlike the Council of the European Union, the Commission is intended to be a body independent of member states. Commissioners are therefore not permitted to take instructions from the government of the country that appointed them, but are supposed to represent the interests of the citizens of the EU as a whole.

Responsibilities of the Commission

The Commission differs from other institutions in the EU system through its power of initiative. This means that only the Commission has the authority to initiate legislation.

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The Commission also takes the role of guardian of the treaties, which includes taking responsibility for initiating infringement proceedings at the European Court of Justice against member states and others who it considers to have breached the EU treaties and other community law.

The Commission negotiates international trade agreements (in the WTO) and other international agreements on behalf of the EU.

The Commission is responsible for adopting technical measures to implement legislation adopted by the Council and the Parliament. This legislation is subject to the approval of committees made up of representatives of member states. This process is sometimes known by the jargon term of comitology.

The Commission also regulates competition in the Union, vetting all mergers with Community-wide effects and initiating proceedings against companies which violate EU competition laws.

Appointment and makeup of the Commission

President and Commissioners

The President of the Commission is chosen by the European Council, but the choice must be approved by the European Parliament. The Commissioners are appointed by the member states in agreement with the President, who must decide the role of each Commissioner. Finally, the new Commission as a whole must be approved by the Parliament, on the basis of which the whole Commission is appointed by the Council of Ministers by qualified majority.

In addition to its role in approving a new Commission, the European Parliament has the power at any time to force the entire Commission to resign through a vote of no confidence.

The present Commission, the Barroso Commission, consists of 27 Commissioners. This Commission will serve from 22 November 2004 to 31 October 2009.

If the new Treaty establishing a Constitution for Europe is adopted, the size of the Commission will be reduced. Member states will take it in turns to nominate Commissioners.

Directorates-General

The Commission is divided into departments known as Directorates-General (DG) that can be likened to government ministries. The DGs cover either internal policies (e.g. the DirectorateGeneral for Information Society and Media), external policies (e.g. the Directorate-General for External Relations) or internal services (e.g. the Directorate-General for Translation). Each Directorate-General is supervised by a senior civil servant known as the Director-General, who reports directly to the Commissioner or Commissioners responsible for that policy area.

Decision-making procedure

Decisions are taken collectively on proposals coming from one or more members of the Commission. The Commission decides by simple majority; if there is equality of votes, the voice of the President is decisive.

There are four ways to take decisions:

at meetings (normally convened once a week) — a vote can be requested by any member of the Commission;

by written procedure — the proposal is circulated in writing to all the members of the Commission, who then communicate their reservations and/or amendments within a certain time limit. A member of the Commission can request a discussion, if s/he thinks it would be useful. If no reservations or amendments are communicated, the proposal is adopted by the Commission;

by empowerment — the Commission can empower one or more of its members to make a decision as long as the principle of collective responsibility is respected;

by delegation — the Commission can delegate the taking of certain decisions to directorsgeneral and heads of service, who would then act on its behalf.

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Comprehension Check

1.Tell about the history of the Commission.

2.What are the differences between the Commission, the Europarliament and the Council?

3.What are the duties of the Commission?

4.How are the Commissioners appointed?

5.What are DGs?

6.What is the decision-making procedure in the Commission like?

Describing Diagrams

Describe the diagram showing the structure of the Commission.

Vocabulary Activities

1. Give English equivalents from the text.

2.Make up some sentences of your own with the words from above.

3.Explain.

4. Choose the appropriate option to fill in the gaps.

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Comitology

Comitology is the procedure for the Commission to 1__________ legislation at Community level. According to the EC Treaty the Commission is assisted by committees consisting of representatives from Member States and 2__________ by the Commission. They 3___________

the Commission to establish a dialogue with national administrations before adopting implementing measures. The Commission 4___________ that they reflect as far as possible the situation in each of the countries concerned.

The Parliament has the right to monitor the implementation of legislative instruments 5__________ under the co-decision procedure. Parliament can object 6__________ measures proposed by the Commission, or sometimes the Council, which it considers to be ultra vires.

The following categories of committee can be distinguished, according to how they operate: Advisory committees give their opinions to the Commission, which must 7__________

account of them. This procedure is generally used when the matters under discussion are not very 8___________ politically.

Management committees: if the measures adopted by the Commission are not in accordance with the committee's opinion, the Commission must refer them to the Council, which may take a different decision.

Regulatory committees: if the measures 9____________ by the Commission are not in accordance with the committee's opinion, the Commission must refer them to the Council and inform the European Parliament. If the Council 10____________ the Commission's proposal, the Commission must re-examine it. It may submit an amended proposal or a new proposal or may resubmit the same proposal.

5. Translate.

Еврокомиссия (КЕС, Комиссия европейских сообществ) — высший орган исполнительной власти Евросоюза, имеющий также производные законодательные полномочия.

Еврокомиссия состоит из 27 комиссаров (по числу стран-членов ЕС), назначаемых на пять лет национальными правительствами, но полностью независимы в выполнении своих обязанностей. Каждый комиссар отвечает за определенное направление работы и возглавляет соответствующее подразделение (так называемый Генеральный Директорат).

Комиссия играет главную роль в обеспечении повседневной деятельности ЕС, направленной на выполнение основополагающих Договоров. Она выступает с законодательными инициативами, а после утверждения контролирует их претворение в жизнь. В случае нарушения законодательства ЕС Комиссия имеет право прибегнуть к санкциям, в том числе обратиться в Европейский суд.

Задача Еврокомиссии — координация работы органов исполнительной власти всех стран ЕС, выработка рекомендаций для деятельности Европарламента, внесение законодательных инициатив с целью приведения в соответствие с общеевропейскими стандартами национального законодательства стран-членов ЕС, наблюдение за соблюдением

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всеми 27 странами единых европейских стандартов, а также прав и свобод человека, проведение систематических консультаций со всеми национальными правительствами для выработки единой экономической (промышленной, сельскохозяйственной, налоговобюджетной, социальной, таможенной, валютной, денежно-кредитной и т. д.), военной, внешней, культурной политики.

Все решения Еврокомиссии носят исключительно рекомендательный характер, все спорные вопросы улаживаются на уровне национальных правительств.

Unit 10. The European Court Of Justice

Reading

The Court of Justice of the European Communities (often referred to simply as ‘the Court’) was set up under the ECSC Treaty in 1952. It is based in Luxembourg.

Its job is to make sure that EU legislation is interpreted and applied in the same way in all EU countries, so that the law is equal for everyone. It ensures, for example, that national courts do not give different rulings on the same issue.

The Court also makes sure that EU member states and institutions do what the law requires. The Court has the power to settle legal disputes between EU member states, EU institutions, businesses and individuals.

The Court is composed of one judge per member state, so that all 27 of the EU’s national legal systems are represented. For the sake of efficiency, however, the Court rarely sits as the full court. It usually sits as a ‘Grand Chamber’ of just 13 judges or in chambers of five or three judges.

The Court is assisted by eight ‘advocates-general’. Their role is to present reasoned opinions on the cases brought before the Court. They must do so publicly and impartially.

The judges and advocates-general are people whose impartiality is beyond doubt. They have the qualifications or competence needed for appointment to the highest judicial positions in their home countries. They are appointed to the Court of Justice by joint agreement between the governments of the EU member states. Each is appointed for a term of six years, which may be renewed.

To help the Court of Justice cope with the large number of cases brought before it, and to offer citizens better legal protection, a ‘Court of First Instance’ was created in 1989. This Court (which is attached to the Court of Justice) is responsible for giving rulings on certain kinds of case, particularly actions brought by private individuals, companies and some organisations, and cases relating to competition law.

The Court of Justice and the Court of First Instance each have a President, chosen by their fellow-judges to serve for a renewable term of three years.

A new judicial body, the ‘European Civil Service Tribunal’, has been set up to adjudicate in disputes between the European Union and its civil service. This tribunal is composed of seven judges and is attached to the Court of First Instance.

What does the Court do?

The Court gives rulings on cases brought before it. The four most common types of case are described below.

1. The preliminary ruling procedure

The national courts in each EU country are responsible for ensuring that EU law is properly applied in that country. But there is a risk that courts in different countries might interpret EU law in different ways.

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To prevent this happening, there is a ‘preliminary ruling procedure’. This means that if a national court is in any doubt about the interpretation or validity of an EU law it may, and sometimes must, ask the Court of Justice for advice. This advice is given in the form of a ‘preliminary ruling’.

2. Proceedings for failure to fulfil an obligation

The Commission can start these proceedings if it has reason to believe that a member state is failing to fulfil its obligations under EU law. These proceedings may also be started by another EU country.

In either case, the Court investigates the allegations and gives its judgment. The accused member state, if it is indeed found to be at fault, must set things right at once. If the Court finds that the member state has not complied with its judgment, it may impose a fine on that country.

3. Actions for annulment

If any of the member states, the Council, the Commission or (under certain conditions) Parliament believes that a particular EU law is illegal they may ask the Court to annul it.

These ‘actions for annulment’ can also be used by private individuals who want the Court to cancel a particular law because it directly and adversely affects them as individuals.

If the Court finds that the law in question was not correctly adopted or is not correctly based on the Treaties, it may declare the law null and void.

4. Actions for failure to act

The Treaty requires the European Parliament, the Council and the Commission to make certain decisions under certain circumstances. If they fail to do so, the member states, the other Community institutions and (under certain conditions) individuals or companies can lodge a complaint with the Court so as to have this failure to act officially recorded.

How is the Court's work organised?

Cases are submitted to the registry and a specific judge and advocate-general are assigned to each case.

The procedure that follows is in two stages: first a written and then an oral phase.

At the first stage, all the parties involved submit written statements and the judge assigned to the case draws up a report summarising these statements and the legal background to the case.

Then comes the second stage – the public hearing. Depending on the importance and complexity of the case, this hearing can take place before a chamber of three, five or 13 judges, or before the full Court. At the hearing, the parties’ lawyers put their case before the judges and the advocate-general, who can question them. The advocate-general then gives his or her opinion, after which the judges deliberate and deliver their judgment.

Since 2003, advocates general are required to give an opinion on a case only if the Court considers that this particular case raises a new point of law. Nor does the Court necessarily follow the advocate-general’s opinion.

Judgments of the Court are decided by a majority and pronounced at a public hearing. Dissenting opinions are not expressed. Decisions are published on the day of delivery.

Comprehension Check

1.What is the main duty of the Court?

2.What is the composition of the Court like?

3.What is Grand Chamber?

4.What is the role of advocates-general?

5.How are the judges appointed to the Court?

6.What term are the judges appointed for?

7.What is the task of the Court of First Instance?

8.Who is the President of the Court of Justice at the moment?

9.Who is the President of the Court of First Instance at the moment?

10.What is the task of the European Civil Service Tribunal

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11.What are the four common types of cases brought before the Court?

12.How is the Court’s work organised?

Describing Diagrams

Describe the diagram showing the structure of the Court.

Vocabulary Activities

1. Give English equivalents from the text for the following:

2.Use some of the words and phrases from above in the sentences of your

own.

3.Find in the text synonyms for the following:

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4. Fill in the underlined gaps with an appropriate word (the first letter is given) and the dotted gaps – with an appropriate derivative from the stem in brackets.

Court of First Instance of the European Communities (CFI)

Like the Court of Justice (ECJ), the Court of First Instance of the European Communities (CFI) e________ that the Community institutions and Member States comply with the law in interpreting and applying the founding treaties. The CFI was set up in 1989 to ……………..

(strong) the protection of parties' interests by reducing the caseload of the ECJ and allowing cases to be d___________ with more quickly.

The CFI is made up of at least one judge from each Member State. They are a___________

by agreement of the Member State governments for a ....…………. (new) mandate of six years. They appoint their President from amongst themselves. The CFI sits in c____________ of five or three judges or, in some cases, as a single judge.

The European Constitution now being r____________ provides for the ………………

(establish) of a two-division i_____________, the "Court of Justice of the European Union", comprising the supreme court (the "European Court of Justice") and the "High Court". Specialised courts may also be attached to the High Court, which will i___________ at least one judge per Member State.

5. Translate.

Европейский cуд

Европейский суд (официальное название - Суд Европейских сообществ) проводит свои заседания в Люксембурге и является судебным органом ЕС высшей инстанции.

Суд регулирует разногласия между государствами-членами; между государствамичленами и самим Европейским союзом; между институтами ЕС; между ЕС и физическими либо юридическими лицами, включая сотрудников его органов (для этой функции недавно был создан Трибунал гражданской службы). Суд дает заключения по международным соглашениям; он также выносит предварительные (преюдициальные) постановления по запросам национальных судов о толковании учредительных договоров и нормативноправовых актов ЕС. Решения Суда ЕС обязательны для исполнения на территории ЕС. По общему правилу юрисдикция Суда ЕС распространяется на сферы компетенции ЕС.

В соответствии с Маастрихтским договором Суду предоставлено право налагать штрафы на государства-члены, не выполняющие его постановления.

Суд состоит из 27 судей (по одному от каждого из государств-членов) и восьми генеральных адвокатов. Они назначаются на шестилетний срок, который может быть продлен. Каждые три года обновляется половина состава судей.

Суд сыграл огромную роль в становлении и развитии права ЕС. Многие, даже основополагающие принципы правопорядка Союза основаны не на международных договорах, а на прецедентных решениях Суда.

Суд ЕС следует отличать от Европейского суда по правам человека.

Task

Prepare to talk about the European Court of Human Rights.

Group A – History.

Group B – The procedure of filing complaints.

Group C – ECHR authorities.

Group D – ECHR and Russia.

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