Chapter 3 - European and international law Flashcards
Council of Europe
The continent’s leading human rights organization. The council consist of…
- 47 member states, 27 of which members of the EU
- Member states that signed up to the European Convention on Human Rights
This convention mentions human rights, democracy and the rule of law.
Protection of values
The council of Europe is concerned with the protection of human rights, democracy and the rule of law.
Institution and HQ
Important institutions are:
- European Court of Human Rights
- Commissioner for human rights
- Congress of local and regional authorities
- the committee of ministers
- Parliamentary Assembly (PACE)
Others include secretary general and deputy secretary general
European Court of Human Rights
Rules on individual or State applications alleging violations of the civil and political rights set out in the European Convention on Human Rights. They’re seated in Strasbourg (France).
European council
Provides the Union with the necessary push for its development and defines the general
political directions and priorities thereof. It has no legislative functions and consists of…
- heads of state or government of the member states
- president of the council
- president of the commission
- high representative of the union for foreign affairs and security policy
Council of the EU
The institution representing the member states’ governments. The Council is a single legal
entity, but meets in 10 different configurations depending on the subject being discussed.
=> The presidency of the Council of the EU rotates among member states every six months.
Their tasks include…
- negotiating and adopt EU laws
- coordinating member states’ policies
- developing the EU’s common foreign and security policy
- concluding international agreements
- adopting the EU budget
European Parliament
Directly elected parliamentary institution. Elections are every 5 years, so members stay for 5
years and can be re-elected. The president stays for 2.5 years and can be re-elected too.
It is seated in three different cities
● Strasbourg : plenary sessions (official seat)
● Brussels : extra part sessions -committees
● Luxembourg : Secretariat
It consists of…
- the president and his functions. They lead the meetings.
- 705 members of the European parliament. They sit according to political ideas or
fractions, not nationality.
- Political groups
Their tasks include…
- co-legislator
- budgetary power
- democratic control over all EU institutions
- foreign policy
- globalisation
- keeping a close eye on the WTO (sets rules int. Trade)
- defending human rights
European Commission
They meet once a week in Brussels.
It consists of…
- 27 Commissioners, one from each EU member state
- commissioners appointed every five years
Their tasks include…
- proposing legislation which is then adopted by the co-legislators
- enforcing European law (where necessary w the help of the Court of Justice)
- setting objectives and priorities for action
- managing and implementing EU policies / the budget
- representing the Union outside Europe
ORGANIZATION
● Commission’s work as done in departments, known as Directorates-General or
services, each responsible for a particular policy area.
● The DGs draft laws, but their proposals become official only once the College of
Commissioners adopts them during its weekly meeting.
● Agencies help the European Commission manage EU programs.
European Court of Justice
It consists of…
- 27 Judges
- 11 Advocates General
=> They are appointed for a term of 6 years, by common accord of the governments of the
member states. Amongst themselves, the judges elect a president and vice-president.
Their tasks include…
- reviewing the legality of the acts of the institutions of the EU
- ensuring that the member states comply with obligations under the treaties
- interpreting EU law at the request of the national courts and tribunals
Regulations
a regulation is a legislative act of the EU that becomes immediately enforceable as law in all
member states simultaneously.
=> It’s the result of the legislative procedure of the EU and does NOT need transposition into
national law.
Directive
a legislative act of the EU that sets out a goal that all EU countries must achieve. It is up to
the member-states to decide how the goal will be reached.
=> It’s the result of the legislative procedure of the EU and WILL need transposition into
national law.
United Nations
an international organization founded in 1945 that currently has 193 member states. Its
mission and work is guided by the purposes and principles as stated in its founding charter.
The United Nations has a few main organs.
General Assembly
The main deliberative, policymaking and representative organ of the UN. All 193 member
states are represented here.
Security Council
They’re responsible for the maintenance of international peace and security, and member
states are obligated to comply with their decisions.
It consists of…
- 5 permanent members with veto-right
- 10 non-permanent members
Their tasks include…
- taking the lead in determining the existence of a threat to the peace / act of
aggression, and calling upon the parties to settle by peaceful means.
- recommending methods of adjustment or imposing sanctions.
Economic and Social Council
Principal body for coordination, policy review, policy dialogue and recommendations on
economic, and social and environmental issues.
