THE EU EXPLAINED

What is the EU? democratically agreed by all the Member Charter of Fundamental Rights brings all America – it is an organisation sui
States. These binding agreements set out these rights together in a single generis. The structure is unique and
The European Union (EU) is a unique the EU’s goals in its many areas of document. The EU’s institutions are continuously developed. The Treaty of
economic and political partnership activity. legally bound to uphold them, as are EU Lisbon marks the last big step in this
between 28 European countries which, governments whenever they apply EU process.
Mobility, growth, stability, single
together, cover much of the continent. law.
currency A. MAIN INSTITUTIONS
The EU was created in the aftermath of Transparent and democratic
the Second World War. The first steps The EU has delivered half a century of 1. Within the institutional triangle
institutions
were to foster economic cooperation: the peace, stability and prosperity, helped
raise living standards and launched a As it continues to grow, the EU remains European Commission
idea being that countries who trade with
one another become economically single European currency, the euro. focused on making its governing The European Commission (EC) is the
interdependent and so more likely to Thanks to the abolition of border institutions more transparent and ‘executive’ power of the EU. One
avoid conflict. controls between EU countries, people democratic. More powers are being Commissioner is appointed by each
The result was the European Economic can travel freely throughout most of the given to the directly elected European Member State (with one, currently José
Community (EEC), created in 1958, and continent. And it has become much Parliament, while national parliaments Manuel Durão Barroso, being the
initially increasing economic cooperation easier to live and work abroad in Europe. are being given a greater role, working President of the EC). The Commissioners
between six countries: Belgium, The single or ‘internal’ market is the EU’s alongside the European institutions. In are appointed by their respective
Germany, France, Italy, Luxembourg and main economic engine, enabling most turn, European citizens have an ever Member States, approved by the
the Netherlands. Since then, a large goods, services, money and people to increasing number of channels for taking European Parliament and put in charge
single market has been created and move freely. Another key objective is to part in the political process. of specific issues (e.g., Connie
continues to develop towards its full develop this huge resource to ensure Hedegaard, the Danish Commissioner, is
potential. that Europeans can draw the maximum How does EU work? responsible for Climate Action).
benefit from it. The EC monitors the Member States’ and
From economic to political union the Union’s adherence to the acquis
Human rights and equality The institutional structure of the EU
What began as a purely economic union cannot be compared to that of any other communautaire (the ensemble of all EU
has evolved into an organisation One of the EU’s main goals is to promote legislation), represents the Union in its
international organisation (e.g., the
spanning policy areas, from development human rights both internally and around foreign relations (especially through one
North Atlantic Treaty Organization or the
aid to environment. A name change from the world. Human dignity, freedom, of its Vice-presidents, Catherine Ashton,
United Nations). It is neither a centralised
the EEC to the European Union (EU) in democracy, equality, the rule of law and who is also the High Representative of
unity like a nation state, nor does it
1993 reflected this. The EU is based on respect for human rights: these are the the Union for Foreign Affairs and Security
imitate a relatively loose structure, such
the rule of law: everything that it does is core values of the EU. Since the 2009 Policy) and has the exclusive Right of
as the Commonwealth of Nations or a
founded on treaties, voluntarily and signing of the Treaty of Lisbon, the EU’s Initiative.
confederation like the United States of
Originated by: EYP Portugal
 THE EU EXPLAINED

Additionally, the term ‘Commission’ is plenary or in its 20 different Committees, European Council which consists of 18 EU member states
also used to refer to the full each responsible for specific issue areas. and is one of the largest currency areas
The European Council (no standard
administrative body about 23,000 staff The EP shares its legislative competences in the world. It is one of the world’s most
abbreviation is used) is an EU institution
members working in various with the Council of the European Union. important central banks. The bank was
comprising the heads of state or heads of
Directorates-General (DGs) or services, established by the Treaty of Amsterdam
Council of the European Union (Council government of the Member States, along
each responsible for a particular policy in 1998, and is headquartered in
of Ministers) with the council’s own President (Herman
area and headed by a Director-General, Frankfurt, Germany. Since 2011 (and until
Van Rompuy, until November 2014) and
who reports directly to the President. The Also known as ‘the Council’, the Council 2019) the President of the ECB has been
the President of the European
DGs draft laws, but their proposals of the EU is structured in issue-specific Mario Draghi, former governor of the
Commission (José Manuel Durão
become official only once the College of groups (councils), comprising the Bank of Italy. The owners and
Barroso, until October 2014 and after
Commissioners adopts them during its respective Ministers of the Member shareholders of the European Central
that Jean-Claude Junker). The High
weekly meeting. States (e.g., the Council for Justice and Bank are the central banks of the 28
Representative of the Union for Foreign
Home Affairs, with all Ministers of the Member States of the EU.
European Parliament Affairs and Security Policy takes part in its
Interior/Home Affairs). The presidency of
meetings. The European Council was Court of Justice of the European Union
The European Parliament (EP) is the first the Council changes every six months
established as an informal body in 1975;
part of the EU’s legislative branch and and the ‘president’ in office supplies the The Court of Justice of the European
it became an official EU institution in
consists of 766 Members of Parliament different councils with a Chairperson, Union (CJEU) is an EU institution that
2009, when the Treaty of Lisbon entered
(commonly, MEPs), who are elected for with the exception of the council on encompasses the whole judiciary.
into force.
five-year mandates by all EU citizens Foreign Affairs, which is presided to by Seating in Luxembourg, it consists of two
While the European Council has no
(over 18 years old, in Austria over 16). The the High Representative. major courts and a number of specialised
formal legislative power, it is charged
first direct EP election was held in 1979; The issue areas are mirrored in those of courts. The institution was originally
under the Treaty of Lisbon with defining
the latest between May 22nd and 25th, the EP (e.g., environment, education, established in 1952 as the Court of
“the general political directions and
2014. economy, budget), with whom the Justice of the European Coal and Steel
priorities” of the Union. It is, thus, the
The EP is divided into seven large Council shares its legislative Communities [as of 1958 the Court of
Union’s strategic (and crisis-solving)
fractions plus several independent MEPs. competences. Additionally, the Council Justice of the European Communities
body, acting as the collective presidency
The biggest three fractions are the also has executive powers. The last (CJEC)]. In 2009, with the entry into force
of the EU.
European People‘s Party pooling presidency (January–June 2014) was held of the Treaty of Lisbon, the court
Christian Democrats (EPP), followed by by Greece; the current one (July– European Central Bank changed to its current name.
the Party of European Socialists (PES) and December 2014) is being held by Italy. Its mission is to ensure that “the law is
The European Central Bank (ECB) is the
by the Alliance of Liberals and Democrats observed (…) in the interpretation and
2. Outside the institutional triangle central bank for the euro and administers
Party (ALDE). It works either in a big application” of the Treaties. The Court
the monetary policy of the euro area,
Originated by: EYP Portugal
 THE EU EXPLAINED

reviews the legality of the acts of any EU Europe’s work has resulted in standards, formulated in the Stability and Growth • Social policy;
institution, ensures that the Member charters and conventions to facilitate Pact (Art. 129 (3) and (4), Arts. 132, 138, • Transport;
States comply with obligations under the cooperation between European 219 TFEU). • Environment, pollution and energy;
Treaties and interprets EU law at the countries. • Competition rules controlling state aid • Consumer protection;
request of the national courts. Its statutory institutions are the from national governments and the • Area of Freedom, Security and Justice.
It consists of two major courts: i) the Committee of Ministers (comprising the actions of companies necessary for the
3. Supporting, coordinating or
European Court of Justice (created in foreign ministers of each of its 47 functioning of the internal market.
complementary competences – as per
1952), the highest court in the EU legal Member States), the Parliamentary • A common international trade policy,
Art. 2 (5), Art. 6 TFEU
system; ii) the General Court (created in Assembly (composed of MPs from the e.g., a common position in international
The EU can financially support the actions
1988; formerly the Court of First parliament of each Member State) and trade negotiations (Art. 207 TFEU).
of the Member states that have agreed to
Instance); the Secretary General (Thorbjørn • The conclusion of certain international
coordinate their domestic policies
Jagland). agreements (Art. 3 (2) TFEU).
3. Not an EU body! through the EU. However, it does not
• Common commercial policy.
Council of Europe
B. WHAT CAN THE EU DO? • The conservation of marine biological
entail harmonisation of regulations.
These areas include:
1. Exclusive competences – as per resources (part of the Common Fisheries
The Council of Europe (CoE) is an • Education, vocational training, youth
Article 2 (1) and Article 3 of the Treaty on Policy, Art. 38 (1) TFEU).
international organisation promoting and sport;
cooperation amongst all countries of the Functioning of the European Union
2. Shared EU competences – as per Art. • Tourism;
Europe in the areas of legal standards, (TFEU)
2 (2) and Art. 4 TFEU • Administrative cooperation;
human rights, democratic development, In these areas, only the EU may legislate
These are policy areas on which the • Civil protection;
the rule of law and cultural cooperation. and adopt legally binding acts.
Member States have agreed to act • Protection and improvement of human
It was founded in 1949, has 47 Member Exceptions are possible if the EU
individually if the EU has not exercised (or health;
States with over 800 million citizens, and empowers Member States to act or with
planned to exercise) its competence. If a • Industry;
is an entirely separate body from the EU. regard to the implementation of Union
policy area is neither exclusive nor falls • Culture.
The CoE cannot make binding laws. acts.
under supportive actions, it is a shared
Its best known bodies are the European • The customs union, including an
competence. Some examples are:
C. LEGAL ACTS OF THE EU
Court of Human Rights (ECHR), which internal free trade area with common
• Internal market; While the EU can issue several types of
enforces the European Convention on customs tariffs (Art. 31 TFEU).
• Economic, social and territorial legal acts, not all are fully binding for its
Human Rights, and the European • The monetary policy of the EU for the
cohesion; Member States. These acts are named
Pharmacopoeia Commission, which sets Member States whose currency is the
• Agriculture and fishing (except the according to their legal strength and are
the quality standards for pharmaceutical euro, overseen by the European Central
conservation of marine biological divided into:
products in Europe. The Council of Bank and with certain precepts
resources);
Originated by: EYP Portugal
 THE EU EXPLAINED

• Regulations – have to be strictly the Member States. Legal acts passed by B. QUESTIONS TO CONSIDER
adhered to in all Member States and the EP and the Council enter into force
After you have read the Topic Overviews,
leave no room for adjustments during once the national governments have
it is recommended that you take the time
the implementation process; transposed them into national law. The
to consider the questions therein, as well
• Directives – provide a framework and combined legal heritage of the EU,
as the ones below. This will be an
give a certain policy direction, leaving the including all legal acts, contracts and
important phase in preparation and will
states with more flexibility and room for treaties is known as the acquis
greatly aid you clarify your own stance on
adjustments; communautaire.
the matters at hand (which, in turn, is
• Decisions – always address certain
crucial for you to have decided by the
recipients and are only valid for those
time you start writing your Position
specific countries/people/institutions; Further Research
Paper).
• Recommendations – without legal
force, but negotiated and voted on A. GENERAL LINKS 1. What is the legal basis for the
according to the appropriate procedure, Committee Topic?
To learn more about the EU, its
they are not binding for the Member 2. What are the relevant EU
institutions and instruments, please visit
States; competences?
their respective websites, below.
• Opinions – similar to recommendations 3. What are the relevant EU institutions?
1. European Union
in that they have no legal force, but not 4. Who decides on policies?
2. EU-Institutions
voted on, simply emitted. 5. Is an EU-level solution desirable?
3. European Neighbourhood Policy
The European legislative procedure runs 6. What are the short-term and long-
4. Enlargement
considerably longer than those of most term implications?
5. Common Foreign and Security Policy
Member States. In brief: the EC (which 7. What type of further legislation is
Common Foreign and Security Policy
has the exclusive Right to Initiative), the needed?
6. Lisbon Treaty
Council and the EP decide if the proposal
Lisbon Treaty
becomes a legal act after having
7. Treaty on European Union (TEU)
discussed relevant details. General policy
8. Treaty on the Functioning of the
guidelines and statements, especially
European Union (TFEU)
from the EP, are formulated in
9. TFEU with explanations
Resolutions. They can entail instructions
10. Europe 2020
for future procedures, as well as
11. Charter of Fundamental Rights of the
regulations, which are formally valid in
European Union
Originated by: EYP Portugal