Community Law Notes Unit 2

8/2/2019 Community Law Notes Unit 2

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Community Law Notes Unit 2

Topic: Institutions of the EU

1 The role of the Council - Article 16(1) TEU identifies the role of the Council in the

following:

Jointly with the European Parliament exercise legislative and budgetary function as laid down in

the Treaties

It is often said that the Commission proposes and the council disposes; the council is the key

decision maker within the EU.

Forming international agreements on behalf of the Member States possibly on trade, technology,

and development etc

Approving the EU Budget- the budget is in two parts: compulsory (for instance agricultural) and

non compulsory (which deals with the un keep of the institutions). Both Council and Parliament

must agree on the budget

The EU can usefully work in co-operation on areas such as drug- trafficking, international fraud

and terrorism.

The Council is the major legislative organ. It makes the final decision on the on any legislation.

On this basis the voting system in Council is also very important.

2 the European Council ± is not a creation of the Treaties

Following the Lisbon Treaty it is now an institution of the EU governed by Art 235 -36 TFEU

and 15 of the TEU

Its role is to provide the Union with the necessary impetus for development and to define the

general political guidelines¶

3 The role of the Commission ± to initiate legislation, to enforce the law, to implement policy

and the EU budget.

To initiate legislation - the commission proposes legislation and can draft proposals on anything

covered by the Treaties which it presents to Parliament and the Council in doing so it takes

advice from the economic and social committee and the Committee of the Regions. Also

operates according to the subsidiary principle.

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To enforce law- often been referred to as the watchdog or guardian of the Treaties. Article 10

demands that all Member States are obliged to achieve the objectives of the Treaties. The

Commission must always make sure that all Member State is applying the EC Law properly.

To implement policy of the EU Budget ± the Commission have executive functions. As a result

it is responsible for managing policy. Also responsible for the compulsory budget, still havesupervisory responsibility

To represent the EU Internationally: the Commissioner speaks for all the Member States in

international meetings such as the World Trade Organization or the United Nations.

4. European Parliament ± amends laws and creates laws responsible for consultation and

Article 123 TFEU.

It has a role in legislation. Under the cooperation procedure, introduced in the SEA, it also has aconsultative role. It is also able to examine the annual work programme of the Commission.

It has a supervisory role over the EU institutions. This is particularly the case with the

Commission. Parliament must approve each new Commission. It is also able to send questions to

the Council. And express its views to each meeting of the European Council.

It has power over the budget. Parliament is required to approve each annual budget in the case of

failure to accept the budget the effect is dramatic since this includes the day to day payment of

all officials in the institutions. The Treaty of Lisbon extended the power of Parliament over the

budget.

5 The European Court of Justice- is found in Arts 251-281 TFEU and by statute of the

Court of Justice consists of 15 Judges

By Arts 13 (2) TEU the Court of justice and the General Court can only act in areas where

Jurisdiction has been specifically given to them in the Treaties. There are three central objectives

in the work of the court

To ensure that in application and interpretation the law is observed

To provide a forum for resolving disputes between the institutions, Member States and

individuals

To protect individual rights -



6 Court of First Instance ± known as the General Court which was created in the SEA.

Governed by Arts 256 TFEU and identify the type of case that could be heard by the court.

Different types of

The main institutions and organs of CARICOM:

The conference of the heads of government

The Conference is the supreme Organ of the Community and determines and provides policydirection for the Community.

Except where otherwise provided in the Revised Treaty of Chaguaramas establishing the

Caribbean Community including the CARICOM Single Market and Economy, the Conference isthe final authority for the conclusion of treaties on behalf of the Community and for entering into

relationships between the Community and international organisations and States.

The Conference may take decisions in order to establish the financial arrangements necessary todefray the expenses of the Community and is the final authority on questions arising in relation

to the financial affairs of the Community.

The Council for Finance and Planning (COFAP) - subject to the relevant provisions of Article 12

(Functions and Powers of the Conference) of the Revised Treaty of Chaguaramas establishing

the Caribbean Community including , COFAP shall have primary responsibility for economic

policy co-ordination and financial and monetary integration of Member States and, without prejudice to the generality of the foregoing, shall:

c) recommend measures to achieve and maintain fiscal discipline by theGovernments of the Member States;

(e) promote the establishment and integration of capital markets in the

Community, and

(f) undertake any additional functions remitted to it by the Conferencearising under this Treaty.

3. Under the direction of COFAP, the Committee of Central Bank Governors shall assist in the

performance of the functions mentioned in paragraph 2 of this Article.

COUNCIL FOR TRADE AND ECONOMIC DEVELOPMENT (COTED):

1. The Council for Trade and Economic Development shall consist of Ministers designated by



the Member States. Each Member State shall be entitled to designate alternates to represent it on

COTED.

2. Subject to the provisions of Article 12, COTED shall be responsible for the promotion of trade

and economic development of the Community. In particular, COTED shall:

(b) evaluate, promote and establish measures to enhance production, quality control and

marketing of industrial and agricultural commodities so as to ensure their international

competitiveness;

(d) determine and promote measures for the accelerated development and marketing of services;

(e) promote and develop policies and programmes to facilitate the transportation of people and

goods;

(f) promote measures for the development of energy and natural resources on a sustainable basis;

(j) undertake any additional functions remitted to it by the Conference, arising under this Treaty.

The Council for Foreign and Community Relations (COFCOR)

1. The Council for Foreign and Community Relations shall consist of Ministers Responsible for the Foreign Affairs of Member States. Each Member State shall be entitled to designate an

alternate to represent it on COFCOR.

2. Subject to the provisions of Article 12 (Functions and Powers of the Conference) of theRevised Treaty establishing the Caribbean Community including the CARICOM Single Market

and Economy, COFCOR shall be responsible for determining relations between the Communityand international organizations and Third States«

3. Without prejudice to the generality of paragraph 2, COFCOR shall:

(a) promote the development and oversee the operation of the CSME;

(b) evaluate, promote and establish measures to enhance production,quality control and marketing of industrial and agricultural commodities

so as to ensure their international competitiveness;

(c) establish and promote measures to accelerate structural diversificationof industrial and agricultural production on a sustainable and regionally-

integrated basis;



(d) determine and promote measures for the accelerated development andmarketing of services;

(e) promote and develop policies and programmes to facilitate the

transportation of people and goods;

(f) promote measures for the development of energy and natural resourceson a sustainable basis;

(g) establish and promote measures for the accelerated development of

science and technology;

(h) promote and develop policies for the protection of and preservation of the environment and for sustainable development;

4. Only Member States possessing the necessary competence with respect to the matters under consideration from time to time may take part in the deliberations of COFCOR.

The Council for Human and Social Development (COHSOD)

1. The Council for Human and Social Development shall consist of Ministers designated by the

Member States. Each Member State shall be entitled to designate alternates to represent it onCOHSOD.

2. Subject to the provisions of Article 12 (Functions and Powers of the Conference) of the

Revised Treaty of Chaguaramas establishing the Caribbean Community including theCARICOM Single Market and Economy , COHSOD shall be responsible for the promotion of

human and social development in the Community. In particular, COHSOD shall:

(a) promote the improvement of health, including the development and

organisation of efficient and affordable health services in the Community;

(b) promote the development of education through the efficientorganisation of educational and training facilities in the Community,

including elementary and advanced vocational training and technicalfacilities;

(c) promote and develop co-ordinated policies and programmes to

improve the living and working conditions of workers and takeappropriate measures to facilitate the organisation and development of

harmonious labour and industrial relations in the Community;

(d) establish policies and programmes to promote the development of youth and women in the Community with a view to encouraging and

enhancing their participation in social, cultural, political and economicactivities;



(e) promote and establish programmes for the development of culture and

sports in the Community;

(f) promote the development of special focus programmes supportive of

the establishment and maintenance of a healthy human environment in theCommunity, and

(g) undertake any additional functions remitted to it by the Conference,arising under this Treaty.

3. Without prejudice to the requirements of any other provision of the Revised Treaty, COHSOD

shall promote co-operation among the Member States in the areas set out in the schedule to theRevised Treaty in furtherance of the objectives set out in Article 5 of the Revised Treaty.

The council of ministers responsible for national security:

An interior ministry (sometimes ministry of home affairs) is a government ministry typicallyresponsible for policing, national security, and immigration matters. The ministry is often headed by a minister of the interior or minister of home affairs. In some countries, matters relating to

the maintenance of law and order and the administration of justice are the responsibility of aseparate justice ministry.

Documents

Community Law Notes Unit 2