european institutional system course

8/3/2019 European Institutional System Course

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Course title: European Institutional SystemsTeacher: Emmanuel POTIER ([email protected])

COURSE DESCRIPTION:

CONTENTThis course gives an overview of the major institutions and decision-making procedures

of the European Union. With respect to the institutions, the course will cover the maininstitutions involved in the decision-making processes: the European Commission, theCouncil of the European Union, the European Council, the European Parliament, the Courof Justice of the European Union, the European Central Bank, the Court of Auditors aswell as advisory bodies such as the European Committee of the Regions and theEuropean Economic and Social Committee. This course will analyse the decision-makingprocedures as well as the procedure used to adopt the budget and modify the treaty.

AIMSThe aims of this course are: To give an overview of the main institutions involved in European decision-making To analyse the way in which each of these institutions works To analyse the way in which each of these institutions contribute to European

decision-making to analyse the decision-making procedures To analyse the efficiency of these procedures.

INTENDED LEANING OUTCOME:After completing this course, the students should be able to: Give a detailed description of each of the institutions involved in European decision-

making and the way in which they contribute to European decision-making;Give a detailed description of each of the procedures used in European decision-making Assess the power of a member state

TEACHING AND LEARNIN ACTIVITIES:Lectures: 12 hoursSelf tuition: 12 hoursTotal student effort: 24 hours

ASSESSMENT: oral exam on completion of a teachin period.

BIBLIOGRAPHY:- Consolidated version on the Treaty of European Union (TEU):http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:0013:0046:EN:PDF

- Consolidated version on the Treaty of the Functioning of European Union (TFEU):http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?
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European institutional systems

The European Union is a unique economic and political partnership between 27 Europeancountries. It has delivered half a century of peace, stability, and prosperity, helped raise

living standards, launched a single European currency, and is progressively building asingle Europe-wide market in which people, goods, services, and capital move amongMember States as freely as within one country.

The EU was created in the aftermath of the second world war. The first steps were tofoster economic cooperation: countries that trade with one another are economicallyinterdependent and will thus avoid conflict.

Since then, the union has developed into a huge single market with the euro as itscommon currency. What began as a purely economic union has evolved into anorganisation spanning all areas, from development aid to environmental policy.

The EU actively promotes human rights and democracy and has the most ambitiousemission reduction targets for fighting climate change in the world. Thanks to theabolition of border controls between EU countries, it is now possible for people to travelfreely within most of the EU. It has also become much easier to live and work in anotherEU country.

The signing of the Community Treaties (ECSC in 1951, EEC and Euratom in 1957)marked the starting point for over 50 years of European treaties. The 'founding' Treatiesestablishing the European Communities and the European Union, together with the majoramending Treaties, constitute the primary legislation; in other words, they are the

supreme law of the Union and of the European Communities.

Most of the rules are included into two treaties:- Consolidated version of The Treaty on European Union- Consolidated version of The Treaty of the Functioning of the European UnionChapter 1- The European Union

Section 1- The values and objectives of the European Union

A- The values of the Union

The Union is founded on the values of respect for human dignity, liberty, democracy,equality, the rule of law and respect for human rights, including the rights of personsbelonging to minorities. These values are common to the Member States. Moreover, thesocieties of the Member States are characterised by pluralism, non-discrimination,tolerance, justice, solidarity and equality between women and men.

These values play an important role, especially in two specific cases. Firstly, under theprocedure for accession, any European State wishing to become a member of the Unionmust respect these values in order to be considered eligible for admission. Secondly,
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failure by a Member State to respect these values may lead to the suspension of thatMember State 's rights deriving from membership of the Union.

B- The objectives of the Union

These objectives must guide the Union in the defining and implementation of all itspolicies.

The main objectives of the Union are now to promote peace, the Union's values and thewell-being of its peoples.

These general objectives are supplemented by a list of more detailed objectives:

an area of freedom, security and justice without internal frontiers ; an internal market where competition is free and undistorted; sustainable development, based on balanced economic growth and price stability,a highly competitive social market economy, aiming at full employment and socialprogress, and a high level of protection and improvement of the quality of the

environment; the promotion of scientific and technological advance; the combating of social exclusion and discrimination, and the promotion of socialjustice and protection, equality between women and men, solidarity betweengenerations and protection of the rights of the child; the promotion of economic, social and territorial cohesion, and solidarity amongMember States.

In addition, the Union respects cultural and linguistic diversity and ensures that Europe'scultural heritage is safeguarded and enhanced.

The EU promotes its values and interests in its relations with the rest of the world:

peace; security; sustainable development of the Earth; solidarity and mutual respect among peoples; free and fair trade; eradication of poverty; protection of human rights (in particular the rights of the child); development of international law (respect for the principles of the United NationsCharter).

Section 2- The EU enlargement from 6 to 27

A- From 6 to 27

The Enlargement of the European Union is the process of expanding the European Union(EU) through the accession of new member states. This process began with the InnerSix, who founded the European Coal and Steel Community (the EU's predecessor) in1952. Since then, the EU's membership has grown to twenty-seven with the most recent
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expansion to Bulgaria and Romania in 2007.

Currently, accession negotiations are under way with several states. The process ofenlargement is sometimes referred to as European integration. Croatia, Iceland,Macedonia,[11] Montenegro and Turkey are all official candidates states while Albaniaand Serbia have applied for membership. Bosnia and Herzegovina has concluded anassociation agreement and is preparing an application while Kosovo is beginning

negotiations for an agreement.To join the European Union, a state needs to fulfil economic and political conditions calledthe Copenhagen criteria (after the Copenhagen summit in June 1993), which require astable democratic government that respects the rule of law, and its correspondingfreedoms and institutions. According to the Maastricht Treaty, each current memberstate and the European Parliament must agree to any enlargement.

The languages of the European Union are languages used by people within themember states of the European Union. They include the twenty-three officiallanguages of the European Union along with a range of others. The EU assertsthat it is in favour of linguistic diversity and currently has a European

Commissioner for Multilingualism, Androulla Vassiliou.

In the European Union, language policy is the responsibility of member states and EUdoes not have a common language policy; European Union institutions play a supportingrole in this field, based on the principle of "subsidiarity", they promote a Europeandimension in the member states' language policies. The EU encourages all its citizens tobe multilingual; specifically, it encourages them to be able to speak two languages inaddition to their mother tongue.[citation needed] Though the EU has very limitedinfluence in this area as the content of educational systems is the responsibility ofindividual member states, a number of EU funding programmes actively promotelanguage learning and linguistic diversity.[4]

The most widely spoken mother tongue in the EU is German, while 51% of adults canunderstand English.

French is an official language common to the three cities that are political centres of theUnion: Brussels (Belgium), Strasbourg (France) and Luxembourg city (Luxembourg),while Catalan, Galician and Russian are the most widely used non-recognized languagesin the EU.

B- Main historical aspects of european construction

The creation of the first "Community", the European Coal and Steel Community (ECSC),marked the point of departure of over 50 years of European treaties. No fewer than50 treaties were signed between 1951 (ECSC Treaty) and 2001 (Treaty of Nice). Thisaccumulation of treaties has led to a complex constitutional situation that is difficult fornon-experts to understand. These successive treaties did not simply amend the originaltext but also gave rise to other texts that were combined with it. The far-reaching reformundertaken by the European Commission and completed by the Heads of State andGovernment in October 2004 in the form of a constitutional treaty is a response to theurgent need to consolidate the existing European treaties in a single text.

European construction is a dynamic process. The Union developed progressively by
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relying on partial interdependence that was progressively extended from the economy topolitical domains.

1) Post-war diplomatic Europe

Initially, European cooperation was little more than the continuation of certain military

alliances dating from the war. For example, the Treaty of Western Union of March 1948prolonged the alliance of France, Great Britain and Belgium. This alliance was widenedand transformed into the Western European Union (WEU). Almost at the same time,European economic cooperation got under way with the creation in April 1948 of theOrganisation for European Economic Cooperation, which was to become the Organisationfor Economic Cooperation and Development (OECD). European policy was born shortlyafterwards with the creation of the Council of Europe (all languages available), whichextended European cooperation to a wide range of political, technical, social andeconomic activities. However, broad though this cooperation was, it remained an inter-state construction.

2) Supranational europe: the establishment of the Communities (1951-1965)

Supranational Europe corresponds to a new concept of Europe formulated by RobertSchuman in his famous declaration of 9 May 1950. This so-called functionalist approachwas designed to create de facto solidarity between the Member States. In the looseEuropean conglomeration, this initiative paved the way to the creation of a hard core ofstates, "the Europe of the Six", and the birth of the European Communities.

The European Coal and Steel Community - ECSC (1951-2002) :

The first fruit of the new drive towards integration was the creation of the European Coaland Steel Community, with the aim of organising free movement of coal and steel andfree access to sources of production. This Community brings together six countries -France, Germany, Italy and the Benelux countries. The Member States were subject to

supranational bodies whose powers were limited to the domains of coal and steel butwhich were entitled, in these domains, to take decisions and to impose them. The HighAuthority and the Council of Ministers were responsible for decision-making, while theParliamentary Assembly basically played an advisory role. The Treaty of Paris created theECSC for a limited period of 50 years. Hence the ECSC expired on 23 July 2002.

The European Economic Community (EEC) and the European Atomic EnergyCommunity, known as Euratom (1957):

After the failure of the European Defence Community (EDC) in 1954, the extension of theECSC was to remain confined to the economy with the establishment of the EuropeanEconomic Community and the European Atomic Energy Community, better known asEuratom. These two Communities were created by the famous "Treaties of Rome" signed

in March 1957. The EEC brought together the six countries which were already membersof the ECSC. Its objective was to integrate trade with a view to economic expansion. Itcreated a common market, a customs union and provided for common policies(agriculture, trade and transport). Euratom consists of exactly the same Member States.Its objective is to contribute to the formation and development of Europe's nuclearindustries, so that all the Member States can benefit from the development of atomicenergy, and to ensure security of supply. At the same time, the Treaty guarantees highsafety standards for the public and prevents nuclear materials from being diverted foruses for which they are not intended.
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Finally, three distinct communities coincided as from 1957. The three communities hadcertain common institutions, but others involved a duplication of effort and theirunification became necessary at this stage. The Treaty of Brussels (1965) merged theexecutive powers of the three Communities into a single "Commission of the EuropeanCommunities" and created a single Council replacing the councils of the threeCommunities.

3) The crises and the resistance of the sovereign states (1961-1970)During this period, there was a genuine calling into question of the basic principles ofEuropean construction. The sovereign states' resistance to European constructionintensified. The advocates of a Europe of nations rejected the supranational concept ofthe Communities.

a- The failure of the Fouchet Plan (1961)

Despite the failure of the European Defence Community, the question of politicalcooperation between Member States once again came to the forefront. In 1961 anintergovernmental committee, chaired by Christian Fouchet, a French diplomat, wasinstructed to prepare concrete proposals with a view to promoting political union. The

committee eventually proposed creating a union whose objective was a common foreignpolicy and a common defence policy. The negotiations failed on three objections:uncertainty as to the place of the United Kingdom, disagreement on the issue of aEuropean defence system aiming to be independent of the Atlantic Alliance, and theexcessively intergovernmental nature of the institutions proposed, which was likely toundermine the supranational aspect of the existing Community institutions.

b- The empty chair crisis (1965)

As from July 1965, in opposition to some Commission proposals addressing, among otherthings, the financing of the Common Agricultural Policy, France boycotted the meetingsof the Council and insisted on a political agreement concerning the role of theCommission and majority voting if it were to participate again. This episode in European

history is known as the "empty chair crisis". This crisis was resolved thanks to theLuxembourg compromise (January 1966), which states that "when vital interests of oneor more countries are at stake members of the Council will endeavour to reach solutionsthat can be adopted by all while respecting their mutual interests."

4) The first enlargements and the 'relaunch' (1970-1985)

During this period the three Communities were enlarged with the accession of newMember States for the first time and the Community received a new breath of life thanksto concrete developments.

The United Kingdom joined the European Communities in January 1973, accompanied byDenmark and Ireland. Greece joined in 1980, followed by Spain and Portugal in 1986.

Community construction continued during the 1970s, but it was accompanied by twomajor world crises: the dollar crisis and the oil crisis. These crises forced the Communityto reconsider its future. A wide range of tasks was completed. The most importantinclude the Davignon report (1970), the Tindemans report (1975), the report of the"Three Wise Men" Committee (1978), the Spinelli project (1984), and the White Paper onthe Internal Market (1985).

In parallel with these reflections, which already foreshadowed the Single Act, Communityconstruction forged ahead with such developments as:


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the affirmation of the role of the meetings of the Heads of State and Government,which led to the creation, as from 1974, of "European Councils", meeting threetimes a year; the election of the European Parliament by direct universal suffrage as from 1979; the application of Article 235 of the EC Treaty to extend the EEC's domains ofintervention;the creation in 1978 of the European Monetary System (EMS), based on theexistence of a common unit of account, the ECU, in order to resolve the problem ofmonetary instability; the Treaties of 1970 and 1975 and the decision of 1985 concerning the budgetaryand financial provisions made it possible to reach agreement on Communityfinances (system of own resources and execution of the budget).

5) Single act: the first major reforms (1986)

Progressively, the need for far-reaching reform became evident. It emerged that it wouldindeed be very difficult to complete the internal market on the basis of the existingtreaties, notably because of their institutional rules, which required unanimity within theCouncil in order to harmonise legislation.

The Single Act proposed a certain number of reforms whose aim was to facilitateharmonisation.

It enshrined as its prime objective the completion of the single market on 1 January1993. It also provided for the extension of qualified majority voting, the growth of therole of the European Parliament (creation of a cooperation procedure) and the expansionof Community powers, notably in the economic and monetary fields, the environmentand research. It formalised the existence of the European Council and enshrined thepractice of cooperation in the field of foreign policy.

6) The treaty of maastricht, the birth of the european union (1992)

The Treaty of Maastricht is important because it marks the changeover to the politicaldimension of European construction. It brought the European Union, the Communities,common foreign and security policy (CFSP), and cooperation in the fields of justice andhome affairs (JHA) under the same umbrella. This Treaty is the basis of the famous"pillar structure". The first pillar consists of the pre-existing Communities and operatesthanks to the institutions on the basis of the so-called Community method, in otherwords the joint exercise of national sovereignty. The second pillar consists of CFSP(Title V of the Treaty on European Union) and the third pillar consists of JHA (Title VI ofthe Treaty on European Union).

With the Treaty of Maastricht, the EEC was renamed, becoming the European Community

(EC). This reflects the signatories' determination to extend Community powers to non-economic areas.

In the Community domain the main innovations were the launching of economic andmonetary union, which was fleshed out by the decision taken in 1998 to establish amonetary union (euro), the establishment of European citizenship, the adoption of newpolicies (education, culture), and the application of the principle of subsidiarity toregulate the exercise of powers. Finally, a social protocol extends Communityresponsibilities in the social field. At institutional level the role of the EuropeanParliament was enhanced thanks to the establishment of a codecision procedure in


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certain areas and Parliament's involvement in the procedure for confirming theCommission. This progress was not possible without some degree of differentiationbetween Member States. Hence, the United Kingdom did not sign the social protocol andremained free to decide on its participation in the euro, as did Denmark. The ratificationof the Treaty was no easy matter - proof that this Treaty was a decisive step towards aEurope with a political dimension.

7) The treaty of amsterdam (1997)The years following the entry into force of the Treaty on the European Union weremarked by the enlargement of the Union to include Austria, Finland and Sweden in 1995.The Treaty of Amsterdam was a major step forward. It increased the powers of theUnion. The focus was on a high level of employment and the coordination of employmentpolicies. The Community method now applies to important domains that were previouslysubject to the third pillar, such as asylum, immigration, crossing external borders,measures to combat fraud and customs cooperation.

For the first time, the Treaty of Amsterdam contained provisions allowing a certainnumber of states to take advantage of common institutions to organise enhancedcooperation. Besides, this Treaty reinforced the powers of the Parliament by extending

the codecision procedure and its supervisory powers. It also provided for the opening ofnew negotiations paving the way to the institutional reforms necessary with a view toenlargement (composition of the Commission, the Parliament and vote at the Council) soas to preserve the democratic character and the effectiveness of a construction whichwould include more than 20 members. Hence it was only after the signature of the Treatythat it was possible to extend the enlargement process to the Central and EasternEuropean Countries as from 1998.

8) The treaty of nice (2001)

The Treaty of Nice was essentially devoted to the "leftovers" of Amsterdam, i.e. theinstitutional problems linked to enlargement which were not resolved in 1997. It dealt

with the make-up of the Commission, the weighting of votes in the Council and theextension of the areas of qualified majority voting. It simplified the rules on use of theenhanced cooperation procedure and made the judicial system more effective.

On the other hand, the Charter of Fundamental Rights of the European Union, preparedby a Convention, was proclaimed during the European Summit at Nice by the Presidentsof the European Parliament, the Council and the Commission. As from the Treaty of Nice,it became obvious that the Union's architecture had to be defined in a global and stablemanner so as to enable it to function properly after enlargement. It was this movementwhich led to the creation of the European Convention and the preparation of theConstitution.

9) The treaty establishing a constitution for Europe (2004)

The European Constitutional Treaty, often called the Constitution, aimed to repeal andreplace with a single text all the existing treaties with the exception of the EuratomTreaty. This text consolidated 50 years of European treaties. Apart from this work ofconsolidation and simplification of the texts, the Constitution also introduced numerousinnovations such as: attribution of legal personality to the Union, clear definition ofpowers, the possibility of a Member State's withdrawing from the Union, theincorporation of the Charter of Fundamental Rights, simplification of the Union'sinstruments of action, creation of the European Foreign Minister, the formalinstitutionalisation of the European Council, which will be chaired by an elected president
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for a period of two and a half years, the definition of a new system of qualified majorityvoting at the Council, various policy modifications, the disappearance of the pillarstructure, the extension of qualified majority voting at the Council and the ordinarylegislative procedure (codecision).

The Constitutional Treaty was signed in October 2004. To enter into force, the Treatyestablishing the Constitution had to be ratified by all the Member States in accordance

with each one's constitutional rules, namely either parliamentary ratification orreferendum. Following the difficulties in ratifying the Treaty in some Member States, theHeads of State and Government decided, at the European Council meeting on 16 and17 June 2005, to launch a "period of reflection" on the future of Europe.

10) The treaty of Lisbon (2007)

At the European Council meeting on 21 and 22 June 2007, European leaders reached acompromise and agreed to convene an IGC to finalise and adopt, not a Constitution, buta reform treaty for the European Union. The final text of the treaty, drawn up by the IGC,was approved at the informal European Council in Lisbon on 18 and 19 October. TheTreaty of Lisbon was signed by the Member States on 13 December 2007.

Introduction: The Treaty of Lisbon meets the need to reform the structure of the EUand the way in which it functions. Successive EU enlargements have increased thenumber of Member States to 27. It was therefore necessary to adapt the way theEuropean institutions function and how decisions are taken.

In addition, the Treaty of Lisbon has enabled several EU policies to be reformed. It hasredefined and strengthened actions taken at European level.

a- differences with the treaty establishing a constitution for europe

The Treaty of Lisbon is broadly inspired by the Constitutional Treaty. The majority of the

institutional and policy reforms envisaged in the Constitution are included in the Treaty ofLisbon, but presented in a different form.

The Constitutional Treaty was intended to repeal the founding Treaties of the EU andreplace them with a single text: the Constitution for Europe. In contrast, the Treaty ofLisbon does not replace the founding Treaties; it only amends them as did theAmsterdam and Nice Treaties previously. The Treaty of Lisbon therefore takes the formof a series of amendments to the founding Treaties.

This change in form does not affect matters at the judicial level, but it does have asignificant effect on a symbolic level and on policy plans. The idea of a EuropeanConstitution has been abandoned and European law is still established by internationalTreaties.

Therefore, the EU is still based on two founding Treaties: the Treaty on European Unionand the Treaty establishing the European Community. However, the Treaty establishingthe European Community is renamed the Treaty on the Functioning of the EU.

b- the contributions of the treaty of lisbon

The Treaty of Lisbon:

reforms the EU institutions and improves the EU decision-making process; strengthens the democratic dimension of the EU;
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reforms the internal policies of the EU; strengthens the external policies of the EU.Institutional issues

The reform of the EU institutions was necessary due to the increase in the number ofMember States. Accordingly, the Treaty of Lisbon amends the rules concerning thecomposition of the Commission, the European Parliament, the Committee of the Regionsand the European Economic and Social Committee.

In addition, the Treaty of Lisbon reforms the decision-making process within theCouncil. It effectively abolishes the old system of weighted voting and introduces a newdefinition of qualified majority voting for decisions.

The Treaty of Lisbon also creates two new functions in the EU institutional architecture:

the President of the European Council; the High Representative for Foreign Affairs and Security Policy.Furthermore, the Treaty of Lisbon strives to clarify and improve the functioning of theEU. It abolishes the old pillar structure and introduces a new distribution of competences

between the EU and Member States. The Treaty of Lisbon also simplifies the legislativeprocedures and the types oflegal acts adopted in the EU.

Moreover, the Treaty of Lisbon makes the functioning of the EU more flexible. Itintroduces several institutional clauses aimed at facilitating European integration incertain policy areas. Establishing enhanced cooperation between Member States is alsomade easier.

The strengthening of European democracy

One of the aims of the Lisbon Treaty is to strengthen European democracy, particularly inorder to improve the legitimacy of decisions and to bring the EU and its citizens closertogether. Consequently, the powers of the European Parliament are increased

considerably. Similarly, the Treaty of Lisbon gives national parliaments in the EU a largerrole.

Furthermore, the Treaty of Lisbon creates the citizens initiative, enabling citizens toparticipate more actively in the building of Europe.

Internal policies of the EU

One of the most significant changes concerns the European area for freedom, securityand justice. The Treaty of Lisbon increases EU powers in the areas of:

border control, asylum and immigration; judicial cooperation in civil matters; judicial cooperation in criminal matters; police cooperation.

Furthermore, the Treaty of Lisbon clarifies EU powers in the area ofeconomic, social andenergy policies. It also sets as a new objective the creation of a European Research Area.

External policies of the EU

EU action at international level is increased. Above all, the Treaty of Lisbon gives greatercoherence and visibility to the EUs Common Foreign and Security Policy. The EUtherefore acquires legal personality, enabling it to negotiate and to be a contracting partyin international Treaties. In addition, the EU is henceforth represented globally by the
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High Representative for Foreign Affairs and Security Policy.

Furthermore, a section of the founding Treaties is now devoted to the Common Securityand Defence Policy. The long-term objectives aim at establishing a Common EuropeanDefence.

Section 3- The institutions of the European Union

The EU therefore acquires legal personality, enabling it to negotiate and to be acontracting party in international Treaties.

The European Parliament The European Council The Council of the European Union The European Commission The Court of Justice of the European Union (CJEU) The European Central Bank The Court of Auditors

Section 4- Division of competences within the European Union

INTRODUCTION

The Treaty of Lisbon clarifies the division of competences between the European Union(EU) and Member States. It introduces a precise classification for the first time in thefounding Treaties, distinguishing between three main types of competence: exclusivecompetences, shared competences and supporting competences.

This attempt at clarification does not result in any notable transfer of competence.However, this reform is important and vital for the proper functioning of the EU. Severalconflicts of competence have emerged in the past between the EU and Member States.Henceforth, the boundaries between the competences of each are clearly defined. Inaddition, this transparency facilitates the application of the fundamental principlesrelating to the control and exercise of these competences.

ABOLITION OF THE PILLARS OF THE EUOne of the most notable changes resulting from the Treaty of Lisbon concerns theabolition of the three-pillar structure of the EU. These pillars were:

the European Community; the Common Foreign and Security Policy (CFSP); police and judicial cooperation in criminal matters.Within this structure, several types of competence were superimposed. Acts adopted
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under the framework of the first pillar were adopted in accordance with the EUslegislative procedures. In contrast, the other two pillars were based onintergovernmental cooperation between Member States.

The Treaty of Lisbon puts an end to this complicated structure. The European Communitydisappears. It is replaced by the EU, which is endowed with legislative proceduresenabling it to exercise the competences conferred upon it to the full extent. Moreover,

the EU also acquires legal personality, which was previously reserved for the oldCommunity. It is therefore able henceforth to conclude treaties in the fields comingwithin its area of competence.

THE THREE MAIN TYPES OF COMPETENCE

The Treaty on the Functioning of the EU (TFEU) distinguishes between three types ofcompetence and draws up a non-exhaustive list of the fields concerned in each case:

exclusive competences (Article 3 of the TFEU): the EU alone is able to legislateand adopt binding acts in these fields. The Member States role is therefore limitedto applying these acts, unless the Union authorises them to adopt certain actsthemselves;

shared competences (Article 4 of the TFEU): the EU and Member States areauthorised to adopt binding acts in these fields. However, Member States mayexercise their competence only in so far as the EU has not exercised, or hasdecided not to exercise, its own competence; supporting competences (Article 6 of the TFEU): the EU can only intervene tosupport, coordinate or complement the action of Member States. Consequently, ithas no legislative power in these fields and may not interfere in the exercise ofthese competences reserved for Member States.

SPECIAL COMPETENCES

The EU has special competences in certain fields:

the coordination of economic and employment policies (Article 5 of theTFEU): the EU is responsible for ensuring the coordination of these policies. It isrequired to define the broad direction and guidelines to be followed by MemberStates; the CFSP (Article 24 of the Treaty on EU): the EU has competence in all fieldsconnected with the CFSP. It defines and implements this policy via, among others,the President of the European Council and the High Representative of the Union forForeign Affairs and Security Policy, whose roles and status have been recognisedby the Treaty of Lisbon. However, the EU may not adopt legislative acts in thisfield. In addition, the Court of Justice of the EU does not have competence to give

judgment in this area; the flexibility clause (Article 352 of the TFEU): this clause enables the EU toact beyond the power of action conferred upon it by the Treaties if the objectivepursued so requires. However, this clause is framed by a strict procedure and bycertain restrictions in terms of its application.

THE EXERCISE OF COMPETENCES

The exercise of Union competences is subject to three fundamental principles whichappear in Article 5 of the Treaty on EU. The definition of EU competences greatlyfacilitates the proper application of these principles:
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the principle of conferral: the Union has only the competences conferred upon it bythe Treaties; the principle of proportionality: the exercise of EU competences may not exceedwhat is necessary to achieve the objectives of the Treaties; the principle ofsubsidiarity: for shared competences, the EU may intervene only ifit is capable of acting more effectively than the Member States;

TRANSFER OF COMPETENCESThe current division of competences between the EU and Member States is not set instone. However, the reduction or extension of EU competences is a delicate matter whichrequires the consent of all Member States and necessitates a revision of the Treaties.

Section 5- The principle of cooperation between the institutions

Cooperation between the institutions is essential to the proper functioning of theEuropean Union. Indeed, the Court of Justice has recognised the duty of sincerecooperation as a general principle of Community law. While sincere cooperation is not

explicitly mentioned in the Treaties, this does not affect its status as a requirement withwhich all Member States and European institutions must comply.

The principle of "sincere cooperation" stems from Article 4 of the Treaty onEuropean Union (TEU) in the context of relations between the European Union(EU) and Member States and Article 13 of the TEU in the context of relationsbetween the EU institutions.

In substance, this Article states that the Member States must take all appropriatemeasures to fulfil their obligations arising out of the Treaty and do nothing detrimental tothe proper functioning of the European Union.

Cooperation between the Member States and the EU institutionsMember States have a duty of sincere cooperation with the EU institutions. Accordingly,they are asked to support EU activities and not to hinder their proper functioning. Thisinvolves, for example:

punishing infringements of EU law as strictly as infringements of national law; cooperating with the Commission in procedures linked to the monitoring ofcompliance with EU law, e.g. by sending the documents required in accordancewith the rules; making good any damage caused by infringements of EU law; not unnecessarily hindering the internal operation of the European institutions (forexample, by taxing reimbursements of the transport costs of MEPs travelling toBrussels and Strasbourg); cooperating with the Commission in the event of inaction on the part of theCouncil, so as to enable the EU to fulfil its responsibilities (for example, to fulfilurgent needs concerning the conservation of certain fish stocks).

Article 4 of the TEU invites the EU and the Member States to respect and assist eachother in carrying out tasks which flow from the Treaties.

Cooperation between the institutions

In accordance with Article 13 of the TEU, the EU institutions are required to comply with
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the principle of mutual sincere cooperation. They are:

the European Parliament; the European Council; the Council; the European Commission; the Court of Justice of the European Union; the European Central Bank; the Court of Auditors;

This principle is applicable in accordance with the case law of the Court of Justice of theEU.

The principle of interinstitutional cooperation can also be found in Article 249 of theTreaty on the Functioning of the European Union (TFEU), which lays down that theCouncil and the Commission must consult each other and settle by common accord theirmethods of cooperation.

Interinstitutional cooperation takes place in various ways, including:

exchanges of letters between the Council and the Commission; interinstitutional agreements; joint declarations of the three institutions.

Section 6- European Union Law

A- Sources of European Union law

There are three sources of European Union law: primary law, secondary law andsupplementary law.

The main sources of primary law are the Treaties establishing the European Union.

Secondary sources are legal instruments based on the Treaties and include unilateralsecondary law and conventions and agreements. Supplementary sources are elements oflaw not provided for by the Treaties. This category includes Court of Justice case-law,international law and general principles of law.

There are three sources of European Union (EU) law: primary sources, secondary sourcesand supplementary law.

Sources of primary law

Primary sources, or primary law, come mainly from the founding Treaties, namely theTreaty on the EU and the Treaty on the Functioning of the EU. These Treaties set out thedistribution of competences between the Union and the Member States and establishes

the powers of the European institutions. They therefore determine the legal frameworkwithin which the EU institutions implement European policies.

Moreover, primary law also includes:

the amending EU Treaties; the protocols annexed to the founding Treaties and to the amending Treaties; the Treaties on new Member States accession to the EU.Sources of secondary law
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Secondary law comprises unilateral acts and agreements.

Unilateral acts can be divided into two categories:

those listed in Article 288 of the Treaty on the Functioning of the EU: regulations,directives, decisions, opinions and recommendations; those not listed in Article 288 of the Treaty on the Functioning of the EU, i.e."atypical" acts such as communications and recommendations, and white andgreen papers.

Convention and Agreements group together:

international agreements, signed by the EU and a country or outside organisation; agreements between Member States; and interinstitutional agreements, i.e. agreements between the EU institutions.Sources of supplementary law

Besides the case law of the Court of Justice, supplementary law includes international lawand the general principles of law. It has enabled the Court to bridge the gaps left byprimary and/or secondary law.

International law is a source of inspiration for the Court of Justice when developing itscase law. The Court cites written law, custom and usage.

General principles of law are unwritten sources of law developed by the case law of theCourt of Justice. They have allowed the Court to implement rules in different domains ofwhich the treaties make no mention.

B- Precedence of European law

According to the precedence principle, European law is superior to the national laws ofMember States. The precedence principle applies to all European acts with a binding

force. Therefore, Member States may not apply a national rule which contradicts toEuropean law.

The precedence principle guarantees the superiority of European law over national laws.It is a fundamental principle of European law. As with the direct effect principle, it is notinscribed in the Treaties, but has been enshrined by the Court of Justice of the EuropeanUnion (CJEU).

Definition

The CJEU enshrined the precedence principle in the Costa versus Enel case of 15 July1964. In this case, the Court declared that the laws issued by European institutions areto be integrated into the legal systems of Member States, who are obliged to comply with

them. European law therefore has precedence over national laws. Therefore, if a nationalrule is contrary to a European provision, Member States authorities must apply theEuropean provision. National law is neither rescinded nor repealed, but its binding forceis suspended.

The Court later clarified that the precedence of European law is to be applied to allnational acts, whether they were adopted before or after the European act in question.

With European law becoming superior to national law, the principle of precedencetherefore ensures that citizens are uniformly protected by a European law assured acrossall EU territories.
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Scope of the principle

The precedence of European law over national laws is absolute. Therefore, it applies toall European acts with a binding force, whether emanating from primary or secondarylegislation.

In addition, all national acts are subject to this principle, irrespective of their nature:acts, regulations, decisions, ordinances, circulars, etc), irrespective of whether they are

issued by the executive or legislative powers of a Member State. The judiciary is alsosubject to the precedence principle. Member State case-law should also respect EU case-law.

The Court of Justice has ruled that national constitutions should also be subject to theprecedence principle. It is therefore a matter for national judges not to apply theprovisions of a constitution which contradict European law.

Responsibility for ensuring compliance with the principle

As for the direct effect principle, the Court of Justice is responsible for ensuring theprecedence principle is adhered to. Its rulings impose penalties on Member States whoinfringe it, on the basis of the various remedies provided for by the founding Treaties,

notably proceedings for failure to fulfil an obligation.It is also the task of national judges to ensure the precedence principle is adhered to.Should there be any doubt regarding the implementation of this principle, judges maymake use of the reference for a preliminary ruling procedure. In its judgment of19 June 1990 (Factortame), the Court of Justice indicated that national courts, as part ofa preliminary ruling on the validity of a national law, must immediately suspend theapplication of this law until such time as the Court of Justice gives its recommendedsolution and the national court gives its ruling on the substance of the issue.

Section 7- Membership of the European Union

A- The accession process for a new Member State

Legal basis

According to Article 49 of the Treaty on European Union (TEU), which constitutes thelegal basis for any accession, the EU is open to all European countries. However, in orderto join the EU, the applicant country must adhere to the principles of Article 6(1) TEUwhich all the Member States subscribe to and on which the EU is based: freedom,democracy, respect for human rights and fundamental freedoms and the rule of law.

Under Article 49 of the TEU, any European country wishing to join the EU shall apply tothe Council which, before taking a decision, must consult the Commission and ask theEuropean Parliament for a favourable opinion adopted by an absolute majority of itsmembers. The Council then makes its decision unanimously.

The Member States and the applicant country come to an agreement on the conditionsfor accession and adaptation of the treaties and institutions which are entailed byaccession. This agreement, or Accession Treaty, is subject to ratification by all thesignatory States.

Accession process

All applications for accession are subject to an opinion issued by the Commission and a
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decision taken by the Council. When the status of an applicant State has been granted toa country, accession negotiations are not necessarily opened immediately. Prior to this,the country must meet a certain number of conditions.

All countries wishing to join the EU must abide by the accession criteria or theCopenhagen criteria, on which the Commission's opinion on any application for accessionis based. These criteria were laid down at the European Council meeting in Copenhagen

in 1993 and added to at the European Council meeting in Madrid in 1995. They are asfollows:

political criteria: stability of the institutions safeguarding democracy, the rule oflaw, human rights and respect for and protection of minorities; economic criteria: existence of a viable market economy, the ability to respond tothe pressure of competition and market forces within the EU; the ability to assume the obligations of a Member State stemming from the lawand policies of the EU (or the acquis), which include subscribing to the Union'spolitical, economic and monetary aims; having created conditions for integration by adapting their administrativestructures.

In the case of the Western Balkan countries, the road map proposed by the Commissionin 2005 and endorsed by the Council in 2006 provides that satisfactory performance inmeeting the obligations stemming from a country's stabilisation and associationagreement (especially the provisions on trade) will be one of the key elements on whichthe EU will base its scrutiny of any application for accession.

Moreover, the EU's absorption capacity is another key element in any new enlargement.The union's absorption (or integration) capacity must allow integration across institutionsand policies to be intensified as new members are integrated during enlargement. Thesenew members must be well prepared for their new status as Member States. The EU'sintegration capacity also requires enlargement to be supported by public opinion both inthe Member States and the applicant states.

Once the countries granted the status of applicant States satisfy these criteria,accession negotiations are ready to begin. The European Council decides whethernegotiations should be opened on the basis of an opinion from the Commission.

The accession negotiations are the cornerstone of the accession process and coveradoption, implementation and application of the acquis by the applicant countries. Theyare intended to help them to prepare to be able to meet their obligations as MemberStates once they join the EU. The negotiations are conducted individually, based on theown merits of each applicant country, as the degree of preparation may vary from oneapplicant to another.

The negotiations are conducted within a framework established by the Council on thebasis of a Commission proposal, which sets out a programme for the negotiations to beconducted and takes into account the situation and specific characteristics of eachapplicant country, namely:

the aim, namely accession the negotiation principles and procedures; the points to be negotiated, such as financial aspects, temporary exemptions orsafeguard measures in specific areas of the acquis (such as free movement ofpersons, structural policies or agriculture), which may be invoked throughout the
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negotiations; the link between political and economic reform in the applicant country and thenegotiations; the conclusion of the negotiations, which remains open;

The negotiations are based on the acquis which is divided into chapters, each of whichcorresponds to a different area of it. The negotiations start with a preparatory phase or a

screening of the acquis which is conducted by the Commission. This is intended to assessthe degree of preparation of applicant countries, to familiarise them with the acquis andidentify the chapters which are to be opened on the basis of the benchmarks defined foreach one. The benchmarks cover the essential preparatory stages for future alignmentwith the acquis and complying with the contractual obligations under the associationagreements linked with it. The Council decides unanimously on the benchmarks oropening of a chapter on the basis of the Commission's recommendations.

The negotiations take place in the course of bilateral inter-governmental conferencesinvolving all the Member States and the applicant county.

The negotiations on any given chapter are concluded when the applicant country fulfilsthe benchmarks defined for closing a chapter (such as legislative measures,administrative or judicial instances, aspects of the acquis actually implemented, a viablemarket economy for the economic chapters) and when it accepts the draft commonposition of the EU prepared by the Commission and adopted unanimously by the Council.The closed chapters may, however, be reopened if the applicant countries no longersatisfy the conditions.

As is provided for by the negotiation framework, the accession negotiations may besuspended in the event of a serious and persistent violation of the principles on which theEU is founded. The Commission may then recommend, either on its own initiative or atthe request of a third of the Member States, that negotiations be suspended andrecommend conditions for them to be reopened. The Council adopts the recommendationby a qualified majority after consulting the applicant country concerned.

Once the negotiations on all the chapters have been completed, the accession processescomes to an end and an agreement, called the Accession Treaty, may be concludedbetween the Member States and the applicant country to mark accession. However, theCouncil decides unanimously whether to conclude the process after receiving the opinionof the Commission and the assent of the European Parliament. The Accession Treaty isintended to incorporate:

the accession date the results of the accession negotiations, conditions for accession and thesafeguard or transitional measures for areas which the Commission's most recentassessment identifies as needing more intensive work;

adaptation of the institutions and treaties and the distribution of votes in theCouncil and European Parliament, the number of European Members of Parliament,members of the Committee of Regions, etc.;

During the period between the conclusion of the Accession Treaty and the accessiondate, the treaty is subject to ratification by all the Member States and the future MemberState. The applicant country then becomes an acceding State and continues the processof accession by making changes in the areas where there are still shortcomings and inwhich progress must be made under the watchful eye of the Commission.


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Instruments in the accession process

A pre-accession strategy is defined for each accession process and for each applicantcountry in order to help them to prepare for their future accession. This strategy providesfor structures and instruments in the process (set out below) which assist the applicantcountries in their preparation.

Bilateral agreements concluded between the EU and each applicant country provide a

bilateral framework for dialogue and negotiations. Examples of these are the associationagreement and customs union with Turkey and the stabilisation and associationagreements for the Western Balkan States.

Political and economic dialogues on political criteria and economic and convergencecriteria take place between the EU and each applicant country to consolidate the process.The results of these are incorporated in the accession negotiations.

Accession partnerships for each applicant country form an individual framework tohelp them prepare for accession. They set out in detail the principles and priority areas(in the form of short-and medium-term priorities) based on the Copenhagen criteria inrespect of which they must strengthen their institutions and infrastructure and/or

legislation, or carry out reforms. The accession partnerships also constitute a guide forthe financial aid provided by Community funds.

National programmes for the adoption of the acquis (NPAA) are provided for by theaccession partnerships and are drawn up by each applicant country. They set out atimetable for implementing the priorities defined by the accession partnership and thehuman and financial resources allocated to this purpose.

Participation in EU programmes, agencies and committees is open to applicantcountries and enables them to take part under the same terms as the Member States.The applicant countries make a financial contribution, part of which may be funded bythe pre-accession financial assistance. However, the applicant countries only have thestatus of observers in the programmes in which they participate and attend the meetings

of these programmes' monitoring committees only when they concerned. Their role inagencies varies from one agency to another and ranges from partial to full participation.

Participation in the EU programmes, agencies and committees is intended to promotecooperation between Member States and exchanges in order to familiarise the applicantcountries with Community policies and instruments. Various policy areas, such aseducation, training, youth, environment, health, inter alia, may be involved.

Commission monitoring starts as soon as the request for accession is submitted andcontinues until the applicant country actually becomes a member of the EU.

Monitoring takes the form of annual reports (Regular Reports) in which the Commissionassesses how ready the applicant countries are to assume their obligations as Member

States. The reports are all structured in a similar fashion and comprise a detailedassessment of the Copenhagen criteria including a chapter-by-chapter evaluation of theadoption and implementation of the acquis.

More regularly, with the aim of underpinning its annual assessment, the Commission hasset up a procedure for monitoring the course of accession negotiations, which is based onthe negotiation framework and is intended to assess the applicant countries' progress inaligning their legislation with and implementing the acquis. This assessment is publishedregularly in the monitoring reports.


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Civil society dialogue is intended to involve civil society in the EU and the applicantcountries in the accession process and has assumed a higher profile with the need forcivil society engagement in the EU; in this specific context it is also intended to increasemutual understanding and knowledge.

Pre-accession aid is intended to support the applicant countries' transition and reformswith a view to strengthening the institutions and putting in place the infrastructures

required to align them with and implement the acquis. It is also designed to promoteregional and cross-border cooperation, regional development and prepare applicantcountries to participate in the EU Structural Funds.

Pre-accession assistance and the pre-accession process are interlinked in the sense thatthe former is intended to support the latter at the same time determined by it. For thisreason, this assistance, which is granted in the medium term, must be flexible in order toreflect the progress achieved by the applicant countries and the new priorities identified.Originally, the main financial instrument, the Phare programme, which was set up inorder to support the process of reforms and economic and political transition in Hungaryand Poland in 1989, very quickly became the main instrument for aid to prepare for theaccession of the central and eastern European applicant countries. It was also reinforced

by the pre-accession structural instrument (ISPA) and the pre-accession agriculturalinstrument (SAPARD) for the period 2000-2006.

For the period 2007-13, the Instrument for Pre-accession Assistance (IPA) provides thefinancial aid for applicant countries (and potential applicant countries from the WesternBalkan States). The IPA, which is intended to be a flexible instrument, distributesfinancial aid depending on the progress made by the beneficiary countries and theirneeds, as indicated by the annual assessments and strategic documents prepared by theCommission.

Moreover, applicant countries may also receive cofunding from international financialinstitutions with which the Commission has signed agreements. These agreements notonly allow cooperation between these institutions to be reinforced but also loans and

funds deployed in the pre-accession process to be channelled more effectively. TheEuropean Investment Bank (EIB), as the EU's accredited financial institution, also plays aconsiderable role in this area.

Background

The EU has been through five successive enlargements since it was set up in 1957. It hasgone from six founding Member States to the current twenty seven Member States. The2004 and 2007 enlargements were unprecedented both in terms of the number ofcountries which were to join and the challenges their accession presented for the EU, asthe political and economic situation in the majority of these countries required morepreparation before they could join. Moreover, the EU itself had to make preparations in

terms of its absorption capacity in order to be able to accommodate them. This is whythe enlargement process was intensified to support the countries' transition and reformprocesses and hence preparation for accession, so that they would be capable of meetingtheir obligations as Member States at the moment of their accession.

In keeping with the wishes of the founding fathers and the spirit of the treaties, the EU isseeking to achieve its goal of being a space of unity in diversity and a promoter ofstability and prosperity and is bringing together countries which share a commoncommitment and common values namely freedom, democracy, the rule of law andrespect for human rights.
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B- Withdrawal clause

Any Member State may decide to withdraw from the Union in accordance with its ownconstitutional requirements. A Member State which decides to withdraw shall notify theEuropean Council of its intention. In the light of the guidelines provided by the European

Council, the Union shall negotiate and conclude an agreement with that State, setting outthe arrangements for itswithdrawal, taking account of the framework for its future relationship with the Union.Thatagreement shall be negotiated in accordance with Article 188 N(3) of the Treaty on theFunctioning of the European Union. It shall be concluded on behalf of the Union by theCouncil, acting by a qualified majority, after obtaining the consent of the EuropeanParliament.The Treaties shall cease to apply to the State in question from the date of entry intoforceof the withdrawal agreement or, failing that, two years after the notification referred to inparagraph 2, unless the European Council, in agreement with the Member State

concerned,unanimously decides to extend this period.

C- Suspension clause

The glossary is being updated given the recent signing of the Treaty of Lisbon.

The suspension clause was written into the EU Treaty (Article 7) by the Treaty ofAmsterdam. Under this clause, some of a Member State's rights (e.g. its voting rights in

the Council) may be suspended if it seriously and persistently breaches the principles onwhich the Union is founded (liberty, democracy, respect for human rights andfundamental freedoms, and the rule of law). But its obligations would still be binding.

The Treaty of Nice added a preventive mechanism to this procedure. On a proposal byone third of the Member States, by the Commission or by the European Parliament, theCouncil, acting by a majority of four fifths of its members after obtaining the assent ofthe European Parliament, may determine that there is a clear risk of a serious breach ofthese fundamental principles by a Member State, and address appropriaterecommendations to it.

Section 8- Revisions to the Treaties

The revision of the founding Treaties is essential for the European Union (EU). It allowsEuropean legislation and policies to be adapted to new challenges that the EU has toface. Before the entry into force of the Treaty of Lisbon, there was only one procedure forthe revision of the Treaties. This procedure required an Intergovernmental Conference(IGC) to be convened on a compulsory basis.

The Treaty of Lisbon relaxes the revision procedure whilst improving its attachment tofundamental social rights. It amends the ordinary revision procedure slightly by
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increasing the participation of the European Parliament and national Parliaments. Aboveall, the Treaty of Lisbon creates two types of simplified procedure in order to facilitate therevision of certain provisions of the Treaties.

Increased flexibility when revising the Treaties must, however, be put into perspectivewith respect to maintaining unanimous agreement as a voting rule. Thus, whicheverprocedure is undertaken, Member States must adopt the revision of the provisions

concerned unanimously.The revision procedures are described in Article 48 of the Treaty on European Union.

Ordinary revision procedure

The ordinary revision procedure concerns key amendments made to the Treaties, suchas increasing or reducing the competences of the EU. In particular, it requires that anIGC be convened to adopt proposals for amendments by consensus. Amendments madeto the Treaties shall only enter into force after having been ratified by all Member States.

The Treaty of Lisbon confirms current practice aimed at organising a EuropeanConvention prior to the IGC. The Convention has the task of examining proposals foramendments and then issuing a recommendation for the IGC. It is composed of

representatives of Heads of State or Government, and representatives of theCommission, but also of national Parliaments and the European Parliament. The Treaty ofLisbon thus aims to make the process of revising the Treaties more democratic. Anothermajor innovation is the acquisition by the European Parliament of the right of initiative.It may now make proposals for amendments on the same basis as Governments ofMember States and the Commission.

The European Council may also decide, after obtaining the consent of the EuropeanParliament, not to convene a Convention if amendments are not extensive. In such acase, it establishes a mandate for the IGC directly.

Simplified REVISION procedure

The Treaty of Lisbon creates a simplified procedure for the amendment of policies andinternal actions of the EU. The objective is to facilitate the building of Europe in thesetwo areas. Such a procedure allows for the convening of a European Convention and anIntergovernmental Conference to be avoided. However, the competences of the EU maynot be extended by means of a simplified revision procedure.

As in the ordinary procedure, the Government of any Member State, the Commission orthe European Parliament can submit proposals for amendments to the European Council.The European Council then adopts a Decision laying down the amendments made to theTreaties. The European Council acts by unanimity after consulting the Commission, theEuropean Parliament, and the European Central Bank if the amendment concernsmonetary matters. New provisions of the Treaties only enter into force after having been

ratified by all Member States pursuant to their respect constitutional requirements.THE GENERAL PASSERELLE CLAUSE

The passerelle clause established by the Treaty of Lisbon constitutes a second simplifiedrevision procedure. This clause allows an act to be adopted according to procedures otherthan those laid down by the founding Treaties, without leading to a formal amendment ofthe Treaties. The general passerelle clause concerns two cases:

where the Treaties provide that an act is to be adopted by the Council actingunanimously, the European Council may adopt a Decision authorising the Council
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to act by qualified majority; where the Treaties provide for acts to be adopted in accordance with a speciallegislative procedure, the European Council may adopt a decision allowing for theadoption of such acts in accordance with ordinary legislative procedure.

In both cases, the European Council shall act unanimously after obtaining the consent ofthe European Parliament. Furthermore, each national Parliament has a right to object

and may prevent the general passerelle clause from being activated.The passerelle clause as defined in Article 48 of the Treaty on European Union applies toall European policies with the exception of defence and decisions with militaryimplications. However, the Treaty on European Union and the Treaty on the Functioningof the EU provide for passerelle clauses applicable to certain specific areas (legislativeprocedures file). The added value of these clauses with respect to the general clauserelates to certain procedural particularities. In particular, national Parliaments do notgenerally have a right to object.

Section 9- Democratic principles

A- The rights of European citizens

In all its activities, the Union shall observe the principle of the equality of its citizens,who shall receive equal attention from its institutions, bodies, offices and agencies. Everynational of a Member State shall be a citizen of the Union. Citizenship of the Union shallbe additional to and not replace national citizenship.

1. The functioning of the Union shall be founded on representative democracy.2. Citizens are directly represented at Union level in the European Parliament.

Member States are represented in the European Council by their Heads of State orGovernment and in the Council by their governments, themselves democraticallyaccountable either to their national Parliaments, or to their citizens.

3. Every citizen shall have the right to participate in the democratic life of the Union.Decisions shall be taken as openly and as closely as possible to the citizen.

Political parties at European level contribute to forming European politicalawareness and to expressing the will of citizens of the Union.

National Parliaments contribute actively to the good functioning of the UnionTHE EUROPEAN CITIZENS' INITIATIVE

The Lisbon Treaty introduces a new form of public participation in European Union policy

shaping, the European citizens initiative (ECI). As required by the Treaty, on aproposal from the European Commission, the European Parliament and the Counciladopted a Regulation which defines the rules and procedure governing this newinstrument (Regulation (EU) No. 211/2011 of the European Parliament and of the Council16 February 2011 on the citizens ' initiative).

The ECI will allow 1 million citizens from at least one quarter of the EU Member States toinvite the European Commission to bring forward proposals for legal acts in areas wherethe Commission has the power to do so. The organisers of a citizens' initiative, a citizens'committee composed of at least 7 EU citizens who are resident in at least 7 different
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