INSTITUTIONAL SYSTEM AND THE NEW JUDICIAL SHAPE

INSTITUTIONAL SYSTEM AND THE NEW JUDICIAL SHAPE

1. INSTITUTIONS, ORGANS, ORGANISMS

The concept of community institutions is characterized by the following specific elements:

Limited by their competences, they have the role to apply the fundamental constitution and functioning rules of the Communities and of the EU;

They are created by the founding treaties of the European Communities;

In the areas they act, they are endowed with the power to pass decisions and to impose them on the member states;

From this perspective they represent a separation from the traditional schemes of international cooperation, where the execution of the treaties provisions are subjected to the availabilities of the signatories, the national sovereignty being the main cause of the so called treaties paralysis.

By their nature, they represent the interests of the states (the Council), the interests of the Communities (the Commission), the interests of the people (the Parliament) and the interests of law (the Court of Justice).

They benefit from a certain judicial, administrative, and financial autonomy, as a corollary of their functional specificities.

The community organs and organisms are those structural elements created by the treaties or by community institutions, with the purpose to accomplishing certain auxiliary consulting functions with technical, financial character and of character of other nature (the Committees of Regions, the Economic and Social Communities). The organizational-functional collocation: European Communities European Community European Union, is foreseen by the treaties; other organisms are created by the institutions with the purpose of exercising their attributions; those set up by the treaties may have juridical personality or a simple financial autonomy; those created by the institutions must have their fundaments in the treaties, must not be endowed with own decisional powers, but only with strictly controlled executing functions, in order not to modify the institutional equilibrium.

Due to the institutional, not at all to the functional fusion of the driving organs of the European construction, organized by the Brussels Treaty, due to which all the three treaties are simultaneously valid, the European Parliament adopted on February 16^th, 1978 a resolution referring to a single name for the Community. Paragraph 1 contains the opinion that the term European Community is good to designate firstly a supranational political entity realized by the instituting treaties, and secondly the group of the member states. Furthermore, in the second paragraph the use of this name in documents is encouraged in the possible and whished for measure and it is recommended to the other institutions and member states to conform themselves to this usual practice (paragraph 3). Later, by the Maastricht Treaty, the used name will be that of The European Union.

The realization of the tasks given by the Community is ensured by the five fundamental institutions: the European Community, the Council of Ministers, the Parliament, Court of Justice and the Court of Auditors. These institutions are common to all of the three communities (ESCC, EEC, EURATOM) according to the fusion treaty of the executives of April 8^th, 1965.

EUROPEAN COMMISSION

a) Responsibilities

With its headquarters in Bruxelles, it is the essential organ of the European Union. It has the initiative of the Community policies by presenting to the Council the proposals of Community regulations.

It is also the Executive Body of the Communities; it is in charge with the application of the common policies as well as the guardian of the treaties; it represents the EU in the negotiations with third countries and with international organizations.

b) Composition and Functions

Starting with January 1995, the Commission is composed of 20 members (two for France, Germany, United Kingdom, Italy and Spain and one for each of the remaining member states).

The commissioners are appointed by mutual agreement by the fifteen governments of the member states; they are appointed for a period of five years, commencing on January 1^st, 1995, after a vesting vote of the European Parliament. The President is named by the heads of states and governments united in the European Council, and after consulting the European Parliament.

The decisions are by general practice adopted by majority voting.

The members act in the interests of the Community, without receiving instructions from any government. They are subjected solely to the European Parliaments control.

The Commission, with its headquarters in Brussels, is assisted by administrative services.

3. COUNCIL OF MINISTERS

a) Responsibilities

The Council of Ministers or the Council of the European Union adopts irrevocably the measures proposed by the Commission.

It is a true holder of legislative power. It must not be confused with the European Council, which reunites at least twice a year, the heads of states and governments of the member states.

The heads of state determines the principal orientations that must be taken by the Community (The European Single Act, the Maastricht Treaty).

b) Composition and Functioning

It is composed of the fifteen representatives of the governments of the member states, usually the ministers of foreign affairs, but they can also be represented by more technical ministers (Agriculture, Finance). Its Presidency is ensured by a representative of each of the member states for a period of sic months.

The Council reunites periodically in Brussels or in Luxembourg. Its decisions are prepared by the Committee of the Permanent Representatives (COREPER).

Until the European Single Act entered into force (1987) decisions were taken by unanimity, which blocked quite al lot the decisional process; since then, the qualified majority voting system is the most used. The rule of unanimity applied to the following cases: revisions of the treaties, acceding of a new member state, taxes, duties, industry, culture, social and regional funds, framework research and technical development programmers. Unanimity is also in the areas of common foreign and security policy and cooperation in justice and home affairs.

Numerous other legislative texts regarding the Single market, consumer protection, etc. are firstly adopted by the Council and the Parliament (the co-decision procedures of the Maastricht Treaty).

Qualified majority: this is a very important formula for the history of the European construction. It was stipulated that starting on 1^st July 1965 (the end of the transition phase) certain decision instead of being taken by unanimity, to be taken by the majority of the members of the Council of Ministers. Since the 30^th of June 1965 France used the policy of the empty chair. Namely, France did not participate for 7 months to the Council, by this blocking the functioning of the EEC. The crisis was ended by the Luxemburg agreement of 1966 which stipulated that a single member may oppose a decision of the Council. There has been a change since 1986 by introducing the qualified majority vote which is applied to every decision regarding the Single Market.

4. THE EUROPEAN PARLIAMENT

a) Increased and reinforced powers by the treaty on the European Union

The Parliament invests the Commission (it can force the Commissions demission with a two-thirds majority; this procedure has never been used);

It does not vote laws, but it participates to their elaboration together with the Commission and the Council;

The Parliaments advice is required for the Unions enlargement;

The Maastricht Treaty reinforces the Parliaments power especially by the co-decision procedure;

The Parliament intervenes especially for covering the democratic deficit reproached to the functioning of the Communitys institutions.

b) Functioning and structure

Deputies are elected by direct universal vote for a period of five years (this election way started in 1979). By its enlargement of 1995, the number of deputies increased. The Parliament has its headquarters one week per month in Strasbourg.

The Deputies form political trans-national groups.

The political trans-national groups are parliamentary groups formed by political families of deputies originating from different member states.

5. EUROPEAN COURT OF JUSTICE

a) Responsibilities

Monitors community law compliance by all of the member states

Rules litigations between member states, between the union and the member states, between institutions, between private persons and the Union.

b) Functioning

It is composed of fifteen judges and nine advocates general named by the governments of the member states for a mandate of six years which can be renewed.

It has its headquarters at Luxemburg

6. COURT OF AUDITORS

Promoted by the Maastricht Treaty to the rank of an institution, it controls and discharges the Communitys incomes and expenditures (the budget). Its consultation is compulsory in all Communitys projects in the financial and budgetary areas. The Court of Auditors is composed of 27 members named for six years by the Council of Ministers and it has its headquarters at Luxemburg.

6. COMMUNITY ORGANS

Economic and Social Committee. It is a consulting organ of the Council and the Commission, and is composed of 344 members representing different categories of economic and social life of some member states. Sets advices and elaborates information reports. Its headquarters are located at Brussels.

European Investment Bank. It has been set up in 1958 by the EEC Treaty, it gives loans or it guarantees loans of public organisms or private businesses of the Community. It contributes to the setting up of the European cooperation and development policy. Its capital is subscribed by the Member States.

The organs instituted by the Maastricht Treaty are the Committee of the regions of the 344 members who will be consulted in the areas of regional development, culture, vocational training, and with European Central Bank.

ECB Promoter of the common monetary policy The main ideas of the ECB statute have been defined in the Treaty on the Union, Articles 105-109 where the statutory principles are states:

a)      The ECBs independence from any European governments and institutions, which implies that the ECB has not the right to give loans to national governments and European institutions;

b)      The ECB has as mission to define and apply the monetary policy of the union, whose main objective is maintaining price stability. At the same time, the bank manages the exchange reserves of the member states and has the duty to define the payments management system inside the Euro area.

c)      The National Central Banks are not suppressed they are only placed under ECBs authority. Their main role is to control bank management (prudential control) performing activities on their national territories.

d)      The ECB and the National Central Banks form the so called European System of Central Banks (ESCB), is a federal type of system where decisions are taken in a friendly way.

e)      The fundamental objective of the ESCB: maintaining price stability

THE EUROPEAN SYSTEM OF CENTRAL BANKS

THE STRUCTURE OF THE EUROPEAN SYSTEM OF CENTRAL BANKS (ESCB)

The European Mediator handles disputes between European citizens and community institutions. The aim of the Institution is to contribute to the development of democracy and the reinforcement of the rule of law. The office has existed since the Treaty on the European Union signed at Maastricht in 199

Europol (contraction of European Police Office) is the European Unions criminal intelligence agency. It became fully operational on 1 July 1999.

3. EUROPEAN SYMBOLS AND PARTICULARITIES

3.1. EUROPEAN FLAG

The flag was initially adopted by the Council of Europe in 1955, and it became the official flag of EU from May 1986. The symbolism of the number of stars on the flag (fixed at 12, not related to the number of member states of the EU since it is originally the flag of the Council of Europe) arranged in a circle of golden stars on a blue background is related to solidarity and harmony, fullness and perfection, and the circle represents solidarity and harmony.

3. EUROPEAN ANTHEM

The Council of Europe decided in 1972 as its anthem The Ode to Joy. In 1986, during European Council from Milano, it was adopted as official anthem of European Union. It does not replace national anthems, but is intended to celebrate their shared values.

3.3. DAY OF EUROPE 9^TH OF MAY

On the 9th of May 1950, Robert Schuman presented in Paris a declaration on the creation of an organized Europe, indispensable to maintain the peace relations on European continent. Because this proposal, known as the 'Schuman declaration', is considered to be the beginning of the creation of what is now the European Union, in 1985, when European construction project was already drawn up, the ten countries of EU decided as the day of EU to be the 9^th of May.

3.4. EU MOTTO

The motto of European Union is United in diversity for emphasize that European citizens join their efforts to maintain peace and prosperity on European continent.

3.5. EUROPEAN CURRENCY

On the obverse side of Euro banknotes are drawn different model of windows and gates that represents the cooperation spirit and the enlargement of EU. On the reverse side of Euro banknotes are represented bridges to express the communication between Europe countries.

Circulating coins (5, 10, 20, 50 cent and 1 and 2 euro) have a common side and also a national side showing an image specifically chosen by the country that issued the coin.

Figure 3. EURO Coins (European faces)

Fata europeana (figura 5.3.) reprezinta harta Uniunii Europene pe un fond de linii transversale, la care sunt atasate stelele steagului european. Monedele de 1, 2 si 5 centi evidentiaza locul Europei in lume, piesele de 10, 20 si 50 de centi prezinta Uniunea Europeana ca pe o uniune de natiuni, iar monedele de 1 si 2 euro infatiseaza Europa fara frontiere. Designul monedelor a fost realizat de specialistul belgian Luc Luyex, care a castigat concursul initial in anul 1997.

Figure 4. EURO banknotes (national faces)

Fetele nationale (figura 4.) ale celor 12 tari ce au moneda unica, la care se adauga Monaco, San Marino si Vatican, care au obtinut dreptul de a folosi si a emite moneda euro reprezinta:

• Pentru Grecia, care a avut cea mai veche moneda din lume (drahma a aparut in Asia Minor in secolul VII i.Hr.), scene si insemne mitologice, unele reproduse de pe vechile monede.
• Pentru Italia, cele mai mari talente si cele mai glorioase dintre epoci, de la Colosseum si studiul Proportiile ideale ale corpului uman de Leonardo da Vinci, la Nasterea lui Venus de Botticelli.
• Pentru Austria, monumente ale Vienei (catedrala Saint-Etienne, Belvedere) facand apel la aspectele ecologice, utilizand cele trei flori ale Alpilor: floarea de colt, gentiana si ciubotica cucului.
• Pentru Spania, monumente (fatada catedralei Saint-Jacques de Compostella) si chipurile lui Miguel de Cervantes, precum si al regelui Juan Carlos, care este un simbol al tranzitiei democratice din perioada 1975-1981.
• Pentru Portugalia, secolul al XII-lea ce a simbolizat independenta sa, a fost adus in prim plan prin sigiliile regale de la 1134 (primul din istoria tarii), 1142 si 1144.
• Pentru Germania, vulturul sau traditional (pentru monedele de 1 si 2 euro).
• Franta a pastrat-o pe tanara Marianne.
• Irlanda nu a renuntat la harpa celtica.
• Alte state au optat sa-si afiseze suveranitatea: tarile Benelux si-au reprezentat monarhii pe toate monedele: regina Beatrix a Olandei, regele Belgian Albert al II-lea si Marele Duce Henri de Luxemburg. Vaticanul a figurat pe monede efigia papei Ioan Paul al II-lea.

Inspiration for the symbol itself came from the Greek epsilon (Є) and the first letter of the word Europe, crossed by two parallel lines to certify the stability of the euro. European Commission.

Figure 5. European Single Currency sign

In acest moment, moneda unica este utilizata in 15 state. Euro a inceput sa fie utilizat ca bancmote si monede, incepand cu luna ianuarie 2002, in 12 state membre: Austria, Belgia, Finlanda, Franta, Germania, Grecia, Irlanda, Italia, Luxemburg, Olanda, Portugalia si Spania. De la 1 ianuarie 2007, Slovenia a intrat in zona euro, deoarece a indeplinit criteriile de convergenta nominala prevazute de Tratatul de la Maastricht, iar de la 1 ianuarie 2008, Cipru si Malta s-au alaturat zonei euro.