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Glossary of Institutions, policies and enlargement of the European Union
(Starting with "C")
©
European Communities, 1995-2007
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COREU (CORespondance EUropéenne)
Coreu is an EU communication network
between the Member States and the Commission for cooperation
in the fields of foreign policy. It makes it easier
for decisions to be taken swiftly in emergencies.
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Candidate
countries
Candidate country status is conferred
by the European Council on the basis of an opinion
from the European Commission, drawn up following an
application for membership by the country concerned.
However, candidate country status
does not give a right to join the Union automatically.
The Commission scrutinises the application in the
light of the accession criteria (Copenhagen criteria),
while the accession process starts with the European
Council decision to open accession negotiations.
Depending on their circumstances,
candidate countries may be required to institute a
reform process in order to bring their legislation
into line with the Community acquis and to
strengthen their infrastructure and administration
if necessary. The accession process is based on the
pre-accession strategy, which provides instruments
such as financial aid.
Accession depends on the progress
made by the candidate countries, which is regularly
assessed and monitored by the Commission.
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Charter
of Fundamental Rights
Following the 50th anniversary of
the Universal Declaration of Human Rights in December
1998, the Cologne European Council (3 and 4 June 1999)
decided to begin work on drafting a Charter of Fundamental
Rights. The aim was that the fundamental rights applicable
at Union level should be consolidated in a single
document to raise awareness of them.
The EU's Charter of Fundamental Rights
was solemnly proclaimed by the Nice European Council
on 7 December 2000. It is based on the Community Treaties,
international conventions such as the 1950 European
Convention on Human Rights and the 1989 European Social
Charter, constitutional traditions common to the Member
States and various European Parliament declarations.
The work of drawing up the draft Charter
was entrusted to a special body - a Convention - made
up of sixty-two members including representatives
of the European institutions and the governments of
the Member States. In its seven chapters divided into
54 articles, the Charter defines fundamental rights
relating to dignity, liberty, equality, solidarity,
citizenship and justice.
The Constitution that is currently
in the process of ratification marks an important
step forward for the protection of fundamental rights
in the Union. It integrates the Charter of Fundamental
Rights and gives the Union the right to accede to
the European Convention on Human Rights (ECHR). The
Charter, which until now has been a solemn Declaration
by the institutions, is incorporated into the Constitution
and provides the Union and the Member States with
a list of fundamental rights which will be legally
binding on its signatories. The Charter will also
become more visible to all Europeans and make them
better informed of their rights. While the ECHR is
limited to protecting civil and political rights,
the Charter goes further to cover workers' social
rights, data protection, bioethics and the right to
good administration.
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Citizenship
of the Union
European citizenship was established
by the Treaty on European Union (EU Treaty), signed
in Maastricht in 1992.
Citizenship of the Union is dependent
on holding the nationality of one of the Member States.
In other words, anyone who is a national of a Member
State is considered to be a citizen of the Union.
In addition to the rights and duties laid down in
the Treaty establishing the European Community (EC
Treaty), Union citizenship confers four special rights:
- the freedom to move and take up
residence anywhere in the Union;
- the right to vote and stand in
local government and European Parliament elections
in the country of residence;
- diplomatic and consular protection
from the authorities of any Member State where the
country of which a person is a national is not represented
in a non-Union country (Article 20 of the EC Treaty);
- the right of petition and appeal
to the European Ombudsman.
Following the entry into force of
the Treaty of Amsterdam (1999), the status of "European
citizen" also confers the following rights:
- the right to address the European
institutions in any one of the official languages
and to receive a reply written in the same language;
- the right to access the documents
of the European Parliament, the Council and the
Commission, subject to certain conditions (Article
255 of the EC Treaty);
- the right to non-discrimination
between EU citizens on the basis of nationality
(Article 12 of the EC Treaty) and to non-discrimination
on the basis of gender, race, religion, handicap,
age or sexual orientation;
- equal access to the Community's
civil service.
The introduction of the notion of
Union citizenship does not replace national citizenship:
it is an addition to it. This gives citizens a deeper
and more tangible sense of belonging to the Union.
The European Constitution, currently
being ratified, provides for a new legal basis allowing
the EU to adopt laws establishing measures required
to facilitate diplomatic and consular protection for
European citizens. Under the terms of the current
treaties, it is the task of the Member States to determine
these measures.
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Clarity
of the Treaties (simplification of the Treaties)
The European Union has come into being
gradually and its structure is the result of a succession
of amendments to the various treaties. This has led
to a situation where the lack of clarity and readability
of the founding texts of the Union has created a gulf
between the Union and the public.
The Treaty of Rome was followed by
the Single European Act and the Treaty on European
Union (the "Maastricht Treaty"). This Treaty created
a new structure, the European Union, in addition to
the European Communities, which has three pillars
(the European Communities, common foreign and security
policy and cooperation in the field of justice and
home affairs). The Nice and Amsterdam Treaties contain
amendments to the earlier treaties and a new article
numbering system. Several protocols and declarations
are also annexed to these treaties.
In December 2001 the Laeken Declaration
launched a process of simplification of the treaties.
The process culminated in the adoption of the Constitution
currently being ratified, which substantially simplifies
the Treaties.
Once it is in force, the Constitution
will repeal all the existing primary legislation -
preceding treaties, instruments amending or amplifying
them, and treaties and acts of accession. The European
Union will thus operate on the basis of a single instrument.
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Classification
of expenditure
This refers to the distinction made
between Union expenditure of which the underlying
principle and the amount are legally determined by
the treaties, secondary legislation, conventions,
international treaties or private contracts ("compulsory"
expenditure) and expenditure for which the budgetary
authority is free to decide the amount as it sees
fit ("non-compulsory" expenditure). The question of
whether expenditure is to be considered compulsory
or non-compulsory generates friction between the two
arms of the budgetary authority - the Council and
the European Parliament - as Parliament has the final
say in determining the amount of expenditure only
where it is non-compulsory.
The European Constitution currently
being ratified provides for ending the distinction
between compulsory and non-compulsory expenditure.
Unifying expenditure in this way will have two effects:
Parliament will be able to influence the entire budget,
but it will lose the final say that enables it to
impose its will on the Council regarding non-compulsory
expenditure.
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Codecision
procedure
The codecision procedure (Article
251 of the EC Treaty) was introduced by the Treaty
of Maastricht. It gives the European Parliament the
power to adopt instruments jointly with the Council
of the European Union. The procedure comprises one,
two or three readings. It has the effect of increasing
contacts between the Parliament and the Council, the
co-legislators, and with the European Commission.
In practice, it has strengthened Parliament's legislative
powers in the following fields: the free movement
of workers, right of establishment, services, the
internal market, education (incentive measures), health
(incentive measures), consumer policy, trans-European
networks (guidelines), environment (general action
programme), culture (incentive measures) and research
(framework programme).
The Treaty of Amsterdam has simplified the codecision
procedure, making it quicker and more effective and
strengthening the role of Parliament. In addition
it has been extended to new areas such as social exclusion,
public health and the fight against fraud affecting
the European Community's financial interests.
Increasing the democratic nature of Community action
requires Parliament to participate in exercising legislative
power. Thus, any legislative instrument adopted by
qualified majority is likely to fall within the scope
of the codecision procedure. In most cases, therefore,
codecision in Parliament goes hand in hand with qualified
majority voting in the Council. For some provisions
of the Treaty, however, codecision and unanimity still
coexist.
The Treaty of Nice partially puts
an end to this situation. The Intergovernmental Conference
(IGC) launched in February 2000 called for an extension
of the scope of codecision, in parallel with and as
a supplement to the extension of qualified majority
voting in the Council. Seven provisions for which
the IGC planned to apply qualified majority voting
are thus also subject to codecision. They are: incentives
to combat discrimination, judicial cooperation in
civil matters, specific industrial support measures,
economic and social cohesion actions (outside the
Structural Funds), the statute for European political
parties and measures relating to visas, asylum and
immigration.
Under the European Constitution, which
is in the process of being ratified, this procedure
will be extended so that it becomes the "ordinary
legislative procedure". It will apply to the adoption
of "European laws" and "European framework laws",
the new terms for the legislative instruments provided
for in the Constitution.
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Collective
defence
Collective defence refers to participation
in the defence of Europe under the Treaties of Brussels
(Article V) and Washington (Article 5), which stipulate
that in the event of aggression, the signatory states
are required to provide assistance for the restoration
of security:
- The Treaty of Brussels was
signed in 1948 by France, the United Kingdom, Belgium,
the Netherlands and Luxembourg. It was amended in
1954 by the Paris Agreements establishing the Western
European Union (WEU). Article V of this Treaty sets
out the principle of mutual assistance in the event
of an armed attack against any of the High Contracting
Parties, in accordance with Article 51 of the Charter
of the United Nations (the right of self-defence).
- The North Atlantic Treaty
was signed in Washington in 1949 by ten Western
European countries and the United States and Canada.
Article 5, on the solidarity between its members
in the event of an armed attack, forms the crux
of the Treaty. If such an armed attack occurs, each
of the parties will assist the Party attacked in
the exercise of the right of individual or collective
self-defence by taking any action deemed necessary
to restore and maintain security, including the
use of armed force. These measures are terminated
once the Security Council has taken the measures
necessary to restore and maintain international
peace and security.
Since 1949, NATO has been the principal
guarantor of security in western Europe, whereas the
Western European Union (WEU) has been dormant for
nearly 30 years. However, the WEU is the only strictly
European organisation to have established an automatic
collective defence obligation. The development of
a European security and defence identity (ESDP) in
no way affects the principle that NATO continues to
form the basis of Europe's collective defence.
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Comitology
In accordance with Article 202 of
the Treaty establishing the European Community (ECT),
it is for the Commission to implement legislation
at Community level. In practice, each legislative
instrument specifies the scope of the implementing
powers conferred on the Commission by the Council
of the European Union. In this context, the Treaty
provides for the Commission to be assisted by a committee,
in line with a procedure known as "comitology".
The committees are forums for discussion,
consist of representatives from Member States and
are chaired by the Commission. They enable the Commission
to establish a dialogue with national administrations
before adopting implementing measures. The Commission
ensures that measures reflect as far as possible the
situation in each of the countries concerned.
Relations between the Commission and
the committees are based on models set out in a Council
Decision (the "Comitology Decision"), which gives
Parliament the right to monitor the implementation
of legislative instruments adopted under the codecision
procedure. Parliament can object to measures proposed
by the Commission or, as the case may be, the Council
if it considers them to be ultra vires.
The following categories of committee
can be distinguished, according to how they operate:
- Advisory committees: these give
their opinions to the Commission, which must try
to take account of them.
- 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, within a period
laid down by the basic act, may adopt a different
decision by a qualified majority.
- Regulatory committees: if the measures
envisaged by the Commission are not in accordance
with the committee's opinion, the Commission must
refer them to the Council and, for information,
to the European Parliament. The Council may give
its agreement by a qualified majority or introduce
an amendment by unanimity, within a period laid
down by the basic act, which may not exceed three
months. If the Council does not take a decision,
the Commission draws up implementing measures, unless
the Council opposes this by a qualified majority.
In the latter case the Commission may submit an
amended proposal or a new proposal or may re‑submit
the same proposal.
- Regulatory committees with scrutiny:
these must allow the Council and the European Parliament
to carry out a check prior to the adoption of measures
of general scope designed to amend non-essential
elements of an act adopted by codecision. In the
event of clear opposition on the part of one of
these institutions (absolute majority of MEPs or
qualified majority at the Council), the Commission
must either adopt the proposed measure, including
any amendments to take account of the comments made,
or present a legislative proposal to be submitted
for the codecision procedure.
The Council Decision of 28 June 1999
replaced that of 13 July 1987, simplifying the system
and taking account of the new codecision procedure
(which gives Parliament the right to intervene). It
also made the committee system more transparent to
Parliament and the general public. Committee documents
are more easily accessible to citizens and are recorded
in a public register. Parliament is also generally
informed about the work of the committees.
The 1999 Decision was replaced by
a new decision adopted in July 2006 which introduced
a new procedure for exercising implementation powers:
the regulatory procedure with scrutiny. The idea of
this new procedure is to place the two branches of
the legislative power on an equal footing, at least
in matters subject to codecision, as regards monitoring
how the Commission exercises the implementation powers
conferred on it.
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Committee
of the Regions
Created in 1992 by the Treaty of Maastricht
and established in 1994, the Committee of the Regions
(CoR) is an advisory body that allows local and regional
authorities to make their voices heard in the decision-making
process of the European Union. It is composed of 344
representatives from local and regional authorities,
appointed by the Council for four years.
The CoR is consulted by the Council,
the Parliament and the Commission in areas that affect
local or regional interests. Since the entry into
force of the Treaty of Amsterdam in May 1999, the
Committee of the Regions must be consulted in a large
number of areas: economic and social cohesion, employment,
social policy, trans-European transport networks,
energy and telecommunications, education and youth,
vocational training, culture, the environment, public
health and transport.
The CoR may also draw up opinions
on its own initiative.
The Treaty of Nice, adopted in December
2000, did not modify the number or distribution of
seats by Member States within the CoR. It nonetheless
stipulated that the number of its members could not
exceed 350. These members should either hold a regional
or local authority electoral mandate or be politically
accountable to an elected assembly.
The European Constitution, currently
being ratified, provides for extending the term of
office of the CoR members from four to five years.
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Committees
and working parties
The committees, whose task it is to
assist the Community institutions, are involved at
all stages of the legislative process. The Commission
regularly consults committees of experts before drawing
up a new proposal for legislation. These committees,
which are made up of representatives of the milieux
involved, private sector or national government experts,
ensure that the Commission remains open to the concerns
of those who will be affected by the legislation.
There are about 60 advisory committees covering all
sectors, though about half of them deal with agricultural
issues.
In the European Parliament, various
permanent committees organise the work of the MEPs.
The Council is also assisted by committees
and working parties which prepare its decisions. The
existence of certain committees is provided for in
the treaties (Article 36 Committee for justice and
home affairs, for example), and others are ad hoc
committees such as the Cultural Affairs Committee,
which evaluates proposals on cultural cooperation,
prepares the Council discussions and follows up action
taken. These committees are made up of representatives
of the Member States plus one member of the Commission.
In parallel, various working parties do the preparatory
work for Coreper. While some of them are set up on
a temporary basis to deal with a particular dossier,
about a hundred groups cover a given sector and meet
regularly.
When a legislative text has been adopted,
it lays down the general principles to be respected.
More precise implementing measures may be necessary
to apply these principles. In this case, the text
provides that a committee is to be set up within the
Commission in order to take the appropriate decisions.
These committees are made up of experts nominated
by the Member States and chaired by the Commission,
and are generally governed by rules established by
the 28 June 1999 Council decision known as the 'Comitology
Decision'. There are about 300 of them, in the fields
of industry, social affairs, agriculture, the environment,
the internal market, research and development, consumer
protection and food safety.
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Common
action (justice and home affairs)
Common action was a legal instrument
under former Title VI of the EU Treaty that was used
between 1993 and 1999. It meant coordinated action
by the Member States on behalf of the Union or within
the EU framework in cases where, owing to the scale
or effects of the envisaged action, the Union's objectives
could be attained more effectively by common action
than by the Member States acting individually. It
has been abolished by the Treaty of Amsterdam and
replaced by "decisions" and "framework decisions".
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Common
agricultural policy (CAP)
The common agricultural policy is
an area in which competence is shared between the
European Union (EU) and the Member States. Under Article
33 of the Treaty establishing the European Community,
its aims are to ensure reasonable prices for Europe's
consumers and fair incomes for farmers, in particular
through the common organisation of agricultural markets
and by ensuring compliance with the principles adopted
at the Stresa Conference in 1958, namely single prices,
financial solidarity and Community preference.
The CAP is one of the most important
EU policies (agricultural expenditure accounts for
some 45% of the Community budget). Policy is decided
by qualified majority voting in the Council and consultation
of the European Parliament.
The CAP has fulfilled its main objective,
which was to achieve food self-sufficiency in the
Community. Nevertheless, major changes to policy soon
proved necessary, in order to correct imbalances and
over-production resulting from the CAP. Its objectives
have thus changed in the course of time, and the instruments
used have also evolved as a result of successive reforms
(principally the 1992 McSharry reform and Agenda 2000).
The most recent reform, in June 2003,
constituted a major development in the CAP. It brought
the following innovations:
- a single payment per holding for
EU farmers, independent of production ("decoupling"
of support);
- linking of these payments to compliance
with standards relating to the environment, food
safety, animal and plant health and animal welfare
("cross-compliance");
- a reinforced rural development
policy, with reduction of direct payments to large
farms in order to fund the new policy ("modulation");
- a financial discipline mechanism
(placing a ceiling on market support expenditure
and direct aid between 2007 and 2013).
The reform also includes a revamp
of the policy of common organisation of markets under
the CAP. Several sectors have already been reformed:
tobacco, hops, cotton, olive oil and sugar.
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Common
commercial policy
The common commercial policy is one
of the main pillars of the European Union's relations
with the rest of the world. It is an area of exclusive
Community responsibility (Article 133 of the Treaty
establishing the European Community), and is the pendant
to the creation of a customs union of the Member States.
The common commercial policy implies
uniform conduct of trade relations with third countries,
in particular by means of a common customs tariff
and common import and export regimes.
The Community supports the abolition
of trade restrictions and customs barriers. To defend
the Community market, it has at its disposal tools
such as antidumping and anti-subsidy measures, the
Trade Barriers Regulation and safeguard measures.
The Commission negotiates and concludes
international agreements on behalf of the Community
at the bilateral and multilateral levels. It plays
an active part in the World Trade Organisation.
The European Union supports harmonious,
liberalised trade serving the interests of all the
international players, and especially the most disadvantaged
countries. In this spirit, general and specific preferences
for such countries are a major aspect of the common
commercial policy.
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Common
fisheries policy
Although a common fisheries policy
(CFP) was already provided for in the Treaty of Rome
in 1957, "Blue Europe" did not become a common policy
in the full sense of the term until 1983.
The CFP has the same legal basis (Articles
32-38 of the EC Treaty) as the common agricultural
policy (CAP) and shares the same objectives: to increase
productivity, stabilise markets and ensure security
of supply and reasonable prices to the consumer. Like
the CAP, the CFP is an area of responsibility that
is shared by the European Union and the Member States.
Successive reforms have added the
following aims to the initial goals of the CFP: sustainable
exploitation of resources, protection of the environment,
safeguards for a high level of human health protection
and a contribution to economic and social cohesion.
In particular, protection of fish
stocks and the marine environment is a key issue,
given the threat posed by resource depletion.
The CFP operates on four levels:
- conservation and sustainable management
of fish stocks to protect fishery resources;
- market organisation to match supply
and demand, in the interests of producers and consumers;
- structural policy to help the fishing
and fish farming industries to adapt their plant
and organisation to the constraints imposed by the
market and by a shortage of resources; Community
support in this area is mainly provided through
the "financial instrument for fisheries guidance"
(FIFG);
- relations with non-Community countries
and international organisations, i.e. negotiation
of international fisheries agreements and common
conservation measures for deep-sea fishing.
The European Union is today seeking
to put in place a fully-fledged maritime policy encompassing
the fisheries, environmental and marine industry policies.
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Common
foreign and security policy (CFSP)
The common foreign and security policy
(CFSP) was established and is governed by Title V
of the Treaty on European Union (EU). It replaced
European Political Cooperation (EPC) and provides
for the eventual framing of a common defence policy
which might in time lead to a common defence.
The objectives of this second pillar
of the Union are set out in Article 11 of the EU Treaty
and are to be attained through specific legal instruments
(joint action, common position) which have to be adopted
unanimously in the Council. With the entry into force
of the Treaty of Amsterdam (1999), the European Union
also has a new instrument at its disposal - the common
strategy. The Treaty of Amsterdam also provided for
qualified majority voting under certain conditions
and, since it was signed, the CFSP field has been
developing in practice at every European Council.
The Treaty of Nice (2001) introduced
the possibility, under certain conditions, of establishing
closer cooperation in the CFSP field for the implementation
of joint actions and common positions. This closer
cooperation may not be used for matters with military
or defence implications.
The European Constitution, currently
in the process of ratification, provides for the creation
of the post of Foreign Affairs Minister whose role
will consist in conducting the CFSP. The Minister
will be assisted by a newly-created European External
Action Service. The Constitution also provides for
the transfer of the power of initiative in this area
from the Commission to the new Minister. Unanimity
will remain the rule but the bridging mechanism may
be used to switch to qualified majority voting in
certain areas which have no military or defence implications.
Once the Constitution has been ratified,
the use of the legislative instruments under the CFSP
will be excluded. The instruments of the CFSP will
be restricted to European decisions and international
agreements.
Enhanced cooperation may also be introduced
in any area of the CFSP and no longer only for the
implementation of a joint action or a common position.
Unanimity will, however, always be required.
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Common
organisation of agricultural markets (COM)
The common market organisations (CMOs)
represent the first pillar of the common agricultural
policy (CAP). They are the fundamental market regulation
tool governing the production of and trade in agricultural
products in all the Member States of the European
Union by:
- eliminating obstacles to intra-Community
trade in agricultural products;
- maintaining a common customs barrier
with respect to third countries.
Since the reform of the CAP in 2003,
most CMOs have been subject to the new system of a
single farm payment and decoupling. The Member States
which joined the Union on 1 May 2004 participate directly
in the new system. Changes have also been made to
crisis management arrangements and environmental classification
of farms.
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Common
position (CFSP)
The common position in the context
of the common foreign and security policy (CFSP) is
designed to make cooperation more systematic and improve
its coordination. The Member States are required to
comply with and uphold such positions which have been
adopted unanimously at the Council.
For reasons of simplification, the
European Constitution which is in the process of being
ratified restricts CFSP instruments to European decisions
and international agreements. Once the Constitution
enters into force, common positions and their implementation
will be based on European decisions (non-legislative
instruments) adopted by the Council of Ministers.
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Common
strategy (CFSP)
The common strategy is an instrument
of the common foreign and security policy introduced
by the Treaty of Amsterdam.
Under Article 13 of the EU Treaty,
the European Council defines the principles and general
guidelines for the CFSP and decides on common strategies
to be implemented by the Union in fields where the
Member States have important interests in common.
In concrete terms, a common strategy
sets out the aims and length of time covered and the
means to be made available by the Union and the Member
States. Common strategies are implemented by the Council,
in particular by adopting joint actions and common
positions. The Council can recommend common strategies
to the European Council.
The European Constitution, now being
ratified, provides for common strategies, though they
have been little used, in the form of general guidelines,
including on issues with implications for defence.
Their drafting and implementation will call for European
decisions on joint actions or common positions.
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Common
transport policy
The goal of the common transport policy
is to remove obstacles at the borders between Member
States so as to facilitate the free movement of persons
and goods.
To that end its prime objectives are
to complete the internal market for transport, ensure
sustainable development, manage funding programmes
and spatial planning, improve safety and develop international
cooperation. It is also concerned with laying down
the conditions under which non-resident carriers may
operate transport services within a Member State.
Since the Amsterdam Treaty entered
into force, decisions have been taken under the codecision
procedure, following consultation of the European
Economic and Social Committee and the Committee of
the Regions.
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Communitisation
Communitisation means transferring
a matter which, in the institutional framework of
the Union, is dealt with using the intergovernmental
method (second and third pillars) to the Community
method (first pillar).
The Community method is based on the
idea that the general interest of Union citizens is
best defended when the Community institutions play
their full role in the decision-making process, with
due regard for the subsidiarity principle.
Following the entry into force of
the Treaty of Amsterdam (May 1999), questions relating
to the free movement of persons, which used to come
under cooperation on justice and home affairs (third
pillar), have been "communitised". After a five-year
transitional phase, therefore, they will be dealt
with under the Community method.
The European Constitution currently
being ratified provides for the merger of the three
existing pillars but retains certain specific procedures
for the common foreign and security policy, including
the defence policy. This will make it possible to
communitise most of the matters currently handled
by the intergovernmental method.
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Communityacquis
The Community acquis is the
body of common rights and obligations which bind all
the Member States together within the European Union.
It is constantly evolving and comprises:
- the content, principles and political
objectives of the Treaties;
- the legislation adopted in application
of the treaties and the case law of the Court of
Justice;
- the declarations and resolutions
adopted by the Union;
- measures relating to the common
foreign and security policy;
- measures relating to justice and
home affairs;
- international agreements concluded
by the Community and those concluded by the Member
States between themselves in the field of the Union's
activities.
Thus the Community acquis comprises
not only Community law in the strict sense, but also
all acts adopted under the second and third pillars
of the European Union and the common objectives laid
down in the Treaties. The Union has committed itself
to maintaining the Community acquis in its
entirety and developing it further. Applicant countries
have to accept the Community acquis before
they can join the Union. Derogations from the acquis
are granted only in exceptional circumstances and
are limited in scope. To integrate into the European
Union, applicant countries will have to transpose
the acquis into their national legislation
and implement it from the moment of their accession.
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Community
'bridge' (Title VI of the EU Treaty)
The decision-making process under
the Treaty establishing the European Community (first
pillar) may be introduced for certain provisions of
Title VI of the Treaty on European Union (third pillar)
in order to communitise them. This possibility has
been available since the establishing of the European
Union. This procedure, known as the "bridge", requires
unanimity in the Council and ratification by each
Member State in accordance with its national constitutional
requirements.
The European Constitution, which is
in the process of ratification, provides for the abolition
of the bridge as conceived by the Maastricht Treaty,
as the pillars will disappear. On the other hand it
introduces another bridging mechanism allowing a change
to qualified-majority voting for the adoption of legal
instruments. However, the decision is taken by the
European Council, acting unanimously. Two specific
bridges are also envisaged for the common foreign
and security policy (CFSP) -- with the exception of
decisions with military or defence implications --
and for the multiannual financial framework respectively.
See:
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Community
and intergovernmental methods
The Community method is the expression
used for the institutional operating mode set up in
the first pillar of the European Union. It proceeds
from an integration logic with due respect for the
subsidiarity principle, and has the following salient
features:
- Commission monopoly of the right
of initiative;
- widespread use of qualified majority
voting in the Council;
- an active role for the European
Parliament;
- uniform interpretation of Community
law by the Court of Justice.
It contrasts with the intergovernmental
method of operation used in the second and third pillars,
which proceeds from an intergovernmental logic of
cooperation and has the following salient features:
- the Commission's right of initiative
is shared with the Member States or confined to
specific areas of activity;
- the Council generally acts unanimously;
- the European Parliament has a purely
consultative role;
- the Court of Justice plays only
a minor role.
See:
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Community
law
Strictly speaking, Community law consists
of the founding Treaties (primary legislation) and
the provisions of instruments enacted by the Community
institutions by virtue of them (secondary legislation
- regulations, directives, etc.). Once the European
Constitution has been adopted, it will replace the
current set of founding Treaties. Primary Community
law will consist of the Constitution and its Protocols
- including the Charter of Fundamental Rights, which
is incorporated in it - and the Euratom Treaty.
In a broader sense, Community law
encompasses all the rules of the Community legal order,
including general principles of law, the case law
of the Court of Justice, law flowing from the Community's
external relations and supplementary law contained
in conventions and similar agreements concluded between
the Member States to give effect to Treaty provisions.
All these rules of law form part of
what is known as the Community acquis.
See:
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]
Community
legal instruments
The term Community legal instruments
refers to the instruments available to the Community
institutions to carry out their tasks under the Treaty
establishing the European Community with due respect
for the subsidiarity principle. They are:
- regulations: these are binding
in their entirety and directly applicable in all
Member States;
- directives: these bind the Member
States as to the results to be achieved; they have
to be transposed into the national legal framework
and thus leave margin for manoeuvre as to the form
and means of implementation;
- decisions: these are fully binding
on those to whom they are addressed;
- recommendations and opinions: these
are non-binding, declaratory instruments.
In addition to these instruments listed
in Article 249 of the EC Treaty, practice has led
to the development of a whole series of sui generis
documents: interinstitutional agreements, resolutions,
conclusions, communications, green papers and white
papers.
Moreover, under the second and third
pillars, specific legal instruments are used, such
as strategies, joint action and common positions in
the area of the CFSP, and decisions, framework decisions,
joint positions and conventions in the area of JHA.
The Constitution, which is in the process of being
ratified, provides for a simpler typology of Community
instruments:
- legislative acts: European laws
and framework laws. These correspond to the existing
regulations (laws) and directives (framework laws).
They are to be adopted by the current codecision
procedure, which will become the "ordinary legislative
procedure" in the Constitution;
- non-legislative acts: regulations
and decisions. According to the Constitution, a
regulation is a non-legislative act of general application
for the implementation of legislative acts and of
certain provisions of the Constitution. A decision
is now defined as a non-legislative act, binding
in its entirety. A decision which specifies those
to whom it is addressed is binding only on them;
- non-mandatory instruments: opinions
and recommendations;
- sui generis documents:
conclusions of the European Council, Council guidelines
and European Council strategic guidelines.
See:
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