2.3 NDipA Role Of The European Union Flashcards
Influence of the EU on UK H and S legislation
UK can enact its own legislation independent of the EU
Provided it does not contridict EU law
In practice this would mean setting a higher standard
The UK tends to respond only to EU law and does not formulate its own
When the EU may well issue a later law that requires something different
European Parliament
Voice of the People
Made up of elected members MEPS (to represent the citizens of the EU)
Has an elected president
Role:
- Legislate on most issues
- Exercise democracy supervision
- Control the EU budget
Council of the EU
Voice of the member states
Consists of one member from each of the member states
Meets in Brussels
President rotates on a 6monthly basis between the member states
Principle decision making institution in the Community… Since it is comprised of foreign ministers it represents the interests of national governments
Role:
- Legislate (jointly with European Parliament)
- Coordinate economic policies in member states
- Conclude international agreements between the EU and states
- Approve EU budget
- Develop the EU Common Foreign and Security Policy
- Coordinate cooperation between national courts and police forces in criminal matters
European Commision
Politically Independent Body
Made up of Commissioner’s from the various member states
Appointed by their member state in consultation with European Parliament
ACTS IN THE INTEREST OF THE UNION AS A WHOLE
President nominated by the member states
Voting is based on the majority
Role:
- Propose legislation
- Manage and implement EU policies and the budget
- Negotiate agreements between the EU and other countries
- Enforce European law
- Initiate proceedings for any violations of EU obligations by member states
- Initiate proceedings for any EU institution which is considered to have exceeded its powers
The status of Instruments of EU Law:
TREATIES
A treaty is a signed contract between states
Treaties are also known as ‘Primary European Community Legislation’
And are DIRECTLY APPLICABLE TO MEMBER STATES
Example:
The Lisbon Treaty - The Treaty on Functioning of the European Union (TEFU)
In which it describes the jurisdiction of the ECJ and different types and different types of secondary legislative instruments - Regs, Directives…
Article 114 -
The ECommission, EParlia and ECouncil will propose a high level of protection as a base level concerning health, safety and environmental protection. (Taking into account any new development based on scientific facts)
If a member state feels it necessary to adopt any additional principles (based on scientific evidence, or grounds of a specific problem to that member state) it shall notify the EComm of the provisions and grounds
Within 6 months the EComm will approve or reject
This can be extended by the EComm (where there is an absence of danger)
If accepted the EComm shall immediately then examine whether the proposed measure needs to be adapted for all
Where it is believed that another member state is making improper use of the power provided within this Article (114) either a member state or The EComm may bring the matter directly before the ECJ (Court of Justice it the European Union)
Article 153 -
The union shall support and complement the activities of member states particularly regarding -
Improvement of the working environment
Working conditions
Social security protection
Protection if EES employment contract is terminated
Information and consultation of workers
Defence of collective workers and employers
Conditions of working for non-EU nationals legally living in union teretory
Integration of people who are excluded from the labour market (presume this means
disabled, etc??)
Equality between men and women
Combating social exclusion
Modernisation of social protection systems (?)
The union MAY adopt -
measures to encourage cooperation between member states and info exchange
By means of DIRECTIVES, a minimum requirement for gradual implementation
But do so avoiding administrative and financial and legal constraints which could hold back small to medium sized undertakings
A meme we state may use legal and supportive parties to implement DIRECTIVES but ultimately they must ensure it is delivered on time
This legislation SHALL NOT AFFECT -
A member states fundamental principles of their social security systems
A member state introducing MORE STRINGENT protective measures which are compatible with the Treaties
PAY, The Right of association, the right to strike OR the right to impose lock-outs
The status of Instruments of EU Law:
REGULATIONS
- Automatically binding on all member states where published in official journal EU and activated
- Legislative requires local administration e.g. judiciary enforce
The status of Instruments of EU Law:
DIRECTIVES
- Not Legally binding in itself
- Descriptive set of objectives
- Content must be implemented within legal frameworks of all member states
Eg. Machinery directive has found its way into UK law via -
I. Supply of machinery (safety regs 2007)
II. PUWER 1998
- Must be put in within a specific timescale
The status of Instruments of EU Law:
DECISIONS
- Automatically binding on whoever it is aimed at
2. Eg. Individual state, an organisation, even an individual person
DIRECTIVES - THE ROLE OF THE EUROPEAN PARLIAMENT, COUNCIL AND COMMISSION IN THE CO-DECISION (ORDINARY) PROCEDURE
AND THE SIGNIFICANCE OF QUALIFIED MAJORITY VOTING
TBC
Distinction between directives made under Article 114 and 153 of the Treaty on the Function of the EU (TFEU)
UK response to EU Directives
Tbc
European Court of Justice
The role of the ECJ and procedures for referring cases
how decisions of the ECJ are enforced through courts of Member States
Effect of decisions of the ECJ on UK law
TBC
