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THE EUROPEANUNIONEXPLAINEDYour guideto theEU institutionsHow theEuropeanUnion works

THE EUROPEAN UNIONEXPLAINEDThis publication is a part of a series that explainswhat the EU does in different policy areas,why the EU is involved and what the results are.You can see online which ones are availableand download them:europa.eu/pol/index en.htmHow the European Union worksEurope 2020 — Europe’s growth strategyThe Founding Fathers of the European UnionAgricultureBudgetClimate actionCompetitionConsumersCustomsCulture, audiovisual, sportDevelopment and cooperationDigital agendaEconomic and monetary union and the euroEducation, training, youthEmployment and social ign affairs and security policyFight against fraudFisheries and maritime affairsFood safetyHumanitarian aidInternal marketJustice, citizenship, fundamental rightsMigration and asylumPublic healthRegional policyResearch and innovationSecurity and home affairsTaxationTradeTransportThe European Union explained —How the European Union worksEuropean CommissionDirectorate-General for CommunicationPublications1049 BrusselsBELGIUMManuscript completed in July 2012Cover: Luis Pedrosa40 pp. — 21 29.7 cmISBN 978-92-79-25553-3doi:10.2775/87270Luxembourg: Publications Office of the European Union,2012 European Union, 2012Reproduction is authorised. For any use or reproductionof individual photos, permission must be sought directlyfrom the copyright holders.Printed in GermanyPrinted on white chlorine-free paper

THE EUROPEANUNION EXPLAINEDHow theEuropeanUnion worksYour guideto theEU institutions

2H O WT H EE U R O P E A NU N I O NW O R K SContentsIntroducing the European Union: how it works, who does what3The European Parliament: the voice of the people9The European Council: setting the strategy12The Council: the voice of the Member States14The European Commission: promoting the common interest19The national parliaments: enforcing subsidiarity23The Court of Justice: upholding EU law24The European Central Bank: ensuring price stability26The European Court of Auditors: helping to improve EU financial management29The European Economic and Social Committee: the voice of civil society31The Committee of the Regions: the voice of local government33The European Ombudsman: investigating your complaints34The European Data Protection Supervisor: protecting your privacy35The European Investment Bank: investing in the future36The EU agencies38

Y O U RG U I D ET OT H EE U3I N S T I T U T I O N SIntroducing the European UnionHow it works, who does whatThis publication is a guide on how the European Union(EU) works. ‘How the EU works’ means: how decisionsare taken at EU level and who takes those decisions.At the heart of this decision-making process are the EUinstitutions — such as the Parliament, the Council andthe European Commission — which you may haveheard of, and there are others. To show how the EUworks, this publication first explains how EU legislationis made. It then gives further insight into each of theEU institutions, as well as the agencies and bodiessupporting them.The European Union in briefAt the core of the EU are the Member States —the 27 countries that belong to the Union — and theircitizens. The unique feature of the EU is that, althoughthese are all sovereign, independent countries, theyhave pooled some of their ‘sovereignty’ in order to gainstrength and the benefits of size. Pooling sovereigntymeans, in practice, that the Member States delegatesome of their decision-making powers to the sharedinstitutions they have created, so that decisions onspecific matters of joint interest can be madedemocratically at European level. The EU thus sitsbetween the fully federal system found in the UnitedStates and the loose, intergovernmental cooperationsystem seen in the United Nations.The EU has achieved much since it was created in 1950.It has built a single market for goods and services thatspans 27 countries with 500 million citizens free tomove and settle where they wish. It created the singlecurrency — the euro — now a major world currency,and which makes the single market more efficient.It is also the largest supplier of development andhumanitarian aid programmes in the world. These arejust a few of the achievements so far. Looking ahead,the EU is working to get Europe out of the currenteconomic crisis. It is at the forefront of the fight againstclimate change and its consequences; as it plans tokeep growing, it helps neighbouring countries preparethemselves for EU membership; and it is building acommon foreign policy which will do much to extendEuropean values around the world. The success of theseambitions depends on the ability to take effective andtimely decisions and to implement them well.The EU treatiesThe European Union is based on the rule of law.This means that every action taken by the EU isfounded on treaties that have been approved voluntarilyand democratically by all EU countries. The treaties arenegotiated and agreed by all the EU Member States andthen ratified by their parliaments or by referendum.The treaties lay down the objectives of the EuropeanUnion, the rules for EU institutions, how decisions aremade and the relationship between the EU and itsMember States. They have been amended each timenew Member States have joined. From time to time,they have also been amended to reform the EuropeanUnion’s institutions and to give it new areas ofresponsibility. ImageGlobeWhat this publication is aboutOn 9 May 1950, French Foreign Minister Robert Schuman firstpublicly proposed the ideas that led to the European Union.So 9 May is celebrated as the EU’s birthday.

4H O WThe last amending treaty — the Lisbon Treaty — wassigned in Lisbon on 13 December 2007, and came intoforce on 1 December 2009. Earlier treaties are nowincorporated into the current consolidated version,which comprises the Treaty on European Union and theTreaty on the Functioning of the European Union.T H EE U R O P E A NU N I O NW O R K Sdate. It is not an EU treaty, but an intergovernmentaltreaty and the intention is to bring it into EUlaw eventually.The treaty is often referred to as the ‘fiscal compact’and will enter into force on 1 January 2013 if12 members of the euro area have ratified it by this ImageGlobeThe Treaty on Stability, Coordination and Governancein the Economic and Monetary Union is anintergovernmental treaty which was signed by all EUMember States except the Czech Republic and theUnited Kingdom in March 2012. It is designed to fosterbudgetary discipline, strengthen the coordination ofeconomic policies and to improve the governance of theeuro area. At present 17 EU countries use the euro astheir currency.The work of the EU is based on the treaties agreed by all themember countries — the latest main update was signed inLisbon in 2007.A history of the EU treatiesWhen French Foreign Minister Robert Schuman proposed integrating western Europe’s coal and steelindustries in 1950, his ideas were set out in the Treaty of Paris the following year, and the precursorto the EU — the European Coal and Steel Community — was born. Since then, the EU has regularlyupdated and added to the treaties to ensure effective policy and decision-making.XXXXXXXThe Treaty of Paris, establishing the European Coal and Steel Community, was signed in Paris on18 April 1951 and entered into force in 1952. It expired in 2002.The Treaties of Rome, establishing the European Economic Community (EEC) and the EuropeanAtomic Energy Community (Euratom), were signed in Rome on 25 March 1957 and came into forcein 1958.The Single European Act (SEA) was signed in February 1986 and came into force in 1987.It amended the EEC Treaty and paved the way for completing the single market.The Treaty on European Union (EU) — the Maastricht Treaty — was signed in Maastricht on7 February 1992 and came into force in 1993. It established the European Union, gave theParliament more say in decision-making and added new policy areas of cooperation.The Treaty of Amsterdam was signed on 2 October 1997 and came into force in 1999.It amended previous treaties.The Treaty of Nice was signed on 26 February 2001 and entered into force in 2003. It streamlinedthe EU institutional system so that it could continue to work effectively after the new wave ofMember States joined in 2004.The Treaty of Lisbon was signed on 13 December 2007 and came into force in 2009. It simplifiedworking methods and voting rules, created a President of the European Council and introducednew structures with a view to making the EU a stronger actor on the global stage.

Y O U RG U I D ET OT H EE U5I N S T I T U T I O N SWho takes the decisions?XA directive is a law that binds the Member States,or a group of Member States, to achieve a particularobjective. Usually, directives must be transposed intonational law to become effective. Significantly,a directive specifies the result to be achieved:it is up to the Member States individually to decidehow this is done.XA decision can be addressed to Member States,groups of people, or even individuals. It is binding inits entirety. Decisions are used, for example, to ruleon proposed mergers between companies.XRecommendations and opinions have nobinding force.Decision-making at EU level involves various Europeaninstitutions, in particular:Xthe European Parliament, which represents theEU’s citizens and is directly elected by them;Xthe European Council, which consists of the Headsof State or Government of the EU Member States;Xthe Council, which represents the governments ofthe EU Member States;Xthe European Commission, which represents theinterests of the EU as a whole.The European Council defines the general politicaldirection and priorities of the EU but it does not exerciselegislative functions. Generally, it is the EuropeanCommission that proposes new laws and it is theEuropean Parliament and Council that adopt them.The Member States and the Commission thenimplement them.What types of legislation are there?There are several types of legal acts which are appliedin different ways:XA regulation is a law that is applicable and bindingin all Member States directly. It does not need to bepassed into national law by the Member Statesalthough national laws may need to be changed toavoid conflicting with the regulation.How is legislation passed?Every European law is based on a specific treaty article,referred to as the ‘legal basis’ of the legislation.This determines which legislative procedure must befollowed. The treaty sets out the decision-makingprocess, including Commission proposals, successivereadings by the Council and Parliament, and theopinions of the advisory bodies. It also lays down whenunanimity is required, and when a qualified majority issufficient for the Council to adopt legislation.The great majority of EU legislation is adopted usingthe Ordinary Legislative Procedure. In thisprocedure, the Parliament and the Council sharelegislative power. Heide Benser/CorbisThe freedom for all citizens totravel, live and work in all the27 EU countries is one of themain achievements of theEuropean Union.

6H O WT H EE U R O P E A NU N I O NW O R K SORDINARY LEGISLATIVE PROCEDURE1. Proposal from the Commission2. Opinions from national parliaments3. Opinions from the European Economic and Social Committee and/or the Committee of the Regions(when this is required)FIRST READING4. First reading by the European Parliament: Parliament adopts a position (amendments)5. Commission can amend its proposal6. First reading by the Council (*)7. Council approves Parliament’s position.The act is adopted8. Council and Parliament disagree on amendments.Council adopts position at first readingSECOND READING9. Second reading by the Parliament: Parliament approves the Council’s position at firstreading — the act is adopted in ‘early second reading’ — or proposes amendments10. Commission opinion on Parliament’s amendments11. Second reading by the Council (*)12. Council approves all Parliament’s amendments tothe Council’s position at first reading.The act is adopted13. Council and Parliament disagree on amendmentsto the Council’s position at first readingCONCILIATION14. Conciliation Committee is convened15. Conciliation Committee agrees on a joint text16. Parliament and Council agree with the proposalfrom the Conciliation Committee, andthe act is adopted17. Parliament and/or Council disagree with theproposal from the Conciliation Committee, andthe act is not adopted(*) Council adopts its position by a qualified majority (the treaties provide for unanimity in a few exceptional areas). However, if the Council intends to deviate from theCommission’s proposal/opinion it adopts its position by unanimity.

Y O U RG U I D ET OT H EE U7I N S T I T U T I O N SThe procedure begins with the Commission.When considering launching a proposal for action,the Commission often invites views on the topic fromgovernments, business, civil society organisations andindividuals. The opinions collected feed into aCommission proposal that is presented to the Counciland Parliament. The proposal may have been made atthe invitation of the Council, the European Council, theParliament or European citizens, or it may have beenmade on the Commission’s own initiative.The Council and the Parliament each read and discussthe proposal. If no agreement is reached at the secondreading, the proposal is put before a ‘conciliationcommittee’ comprising equal numbers of Council andParliament representatives. Commission representativesalso attend the committee meetings and contribute tothe discussions. Once the committee has reached anagreement, the agreed text is then sent to Parliamentand the Council for a third reading, so that it can finallybe adopted as law. In most cases, the Parliament voteson proposals by simple majority and the Council byqualified majority voting, whereby each Member Statehas a certain number of votes in line with its size andpopulation. In some cases, unanimous voting is requiredin the Council.Special proceduresSpecial legislative procedures are available dependingon the subject of the proposal. In the ConsultationProcedure, the Council is required to consultParliament on a proposal from the Commission,but is not required to accept Parliament’s advice.This procedure is only applicable in a few areas,such as internal market exemptions and competitionlaw. In the Consent Procedure, Parliament may acceptor reject a proposal, but may not propose amendments.This procedure can be used when the proposal concernsthe approval of an international treaty that has beennegotiated. In addition, there are limited cases wherethe Council and the Commission, or the Commissionalone, can pass legislation.These bodies are:Xthe European Economic and Social Committee,which represents civil society groups such asemployers, trades unions and social interest groups;Xthe Committee of the Regions, which ensures thevoice of local and regional government, is heard.In addition, other institutions and bodies may beconsulted when a proposal falls within their area ofinterest or expertise. For example, the European CentralBank would expect to be consulted on proposalsconcerning economic or financial matters.Citizens’ participationBy means of a ‘European Citizens’ Initiative’,1 million EU citizens from at least one quarter ofthe EU Member States may invite the Commissionto bring forward a legislative proposal on aparticular issue. The Commission will carefullyexamine all initiatives that fall within theframework of its powers and that have beensupported by 1 million citizens. An audition of theinitiatives is done in the Parliament.Such initiatives may therefore influence the workof the EU institutions, as well as thepublic debate.In addition to the Commission–Council–Parliamenttriangle, there are a number of advisory bodies thatmust be consulted when proposed legislation involvestheir area of interest. Even if their advice is not taken,this contributes to the democratic oversight of EUlegislation by ensuring that it is subject to thewidest scrutiny. Bernd Vogel/CorbisWho is consulted, who can object?Citizens can now propose new laws, by means of the EuropeanCitizens' Initiative.

8National oversightH O WT H EE U R O P E A NU N I O NW O R K SWhat decisions are takenFiscal policy — which concerns decisions abouttaxation, spending and borrowing — is the responsibilityof the 27 Member State governments. So are thepolicies about labour and welfare. However, as fiscaldecisions taken by one euro area Member State canhave an impact throughout the euro area, thesedecisions must conform to rules set at EU level.Therefore, the coordination of sound public financesand structural policies is necessary for the EMU tofunction effectively and to ensure stability and growth.In particular, the economic crisis that began in 2008highlighted the need to strengthen economicgovernance in the EU and in the euro area, by means ofinter alia closer policy coordination, monitoringand supervision.The treaties list the policy areas in which the EU cantake decisions. In some policy areas, the EU hasexclusive competence, which means that decisions aretaken at EU level by the Member States meeting in theCouncil and the European Parliament. These policy areascover customs, competition rules, monetary policy forthe euro area, and the conservation of fish and trade.The Council monitors Member States’ public financesand economic policies and can make recommendationsto individual EU countries based on proposals from theCommission. It may recommend adjustment measuresand sanction euro area countries that do not takecorrective measures to reduce excessive deficit anddebt levels.In other policy areas, there is shared competencebetween the Union and the Member States. This meansthat if legislation is passed at EU level, then these lawshave priority. However, if no legislation is adopted at EUlevel, then the individual Member States may legislate atnational level. Shared competence applies in many policyareas, such as the internal market, agriculture, theenvironment, consumer protection and transport.The governance of the euro area and major economicpolicy reforms are also discussed in the Euro Summits,where Heads of State or Government of euro areamembers meet.National parliaments receive draft legislative acts atthe same time as the European Parliament and theCouncil. They can give their opinion to ensure thatdecisions are taken at the most appropriate level. EUactions are subject to the principle of subsidiarity— which means that, except in the areas where it hasexclusive powers, the Union only acts where action willbe more effective at EU level than at national level.National parliaments therefore monitor the correctapplication of this principle in EU decision-making.In all other policy areas the decisions remain with theMember States. Thus, if a policy area is not cited in atreaty, the Commission cannot propose a law in thatarea. However, in some fields, such as the space sector,education, culture and tourism, the Union can supportMember States’ efforts. And in others, such as overseasaid and scientific research, the EU can carry out parallelactivities, such as humanitarian aid programmes.Economic coordinationAll EU countries are part of the Economic and MonetaryUnion (EMU), meaning that they coordinate theireconomic policymaking and treat economic decisions asa matter of common concern. Within the EMU, noinstitution alone is responsible for overall economicpolicy. These responsibilities are divided between theMember States and the EU institutions.Monetary policy — which deals with price stability andinterest rates — is managed independently by theEuropean Central Bank (ECB) in the euro area, i.e. inthose 17 countries which use the euro as their currency.The EU and foreign relationsRelations with countries outside of the EU are under theresponsibility of the High Represent

Introducing the European Union How it works, who does what What this publication is about This publication is a guide on how the European Union (EU) works. ‘How the EU works’ means: how decisions are taken at EU level and who takes those decisions. At the heart of this decision-making process are the EU

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