Discover The Facts

Are the organs of Europe anti-democratic?

There is no easy answer to this question.  In some ways, it is a question of what we mean by ‘democratic’.  The members of the Council of Europe, the European Council and the Council of the European Union all owe their positions to their tenure of office as either head of government (prime minister, president) in their home state or as an official of the government in their home state (minister).  As most heads of government are democratically elected (though even here they may be cause for debate – in the UK for example the prime minister is nominated by his or her party, not directly elected by the populace), their office within the three similarly named but entirely distinct Councils can be said to have some democratic legitimacy.  Not all UK ministers, however, are elected MPs, so one might argue that actions that they take in Europe lack democratic legitimacy.  On the other hand, such ministers are answerable to parliament.  The President of the European Council is not a head of government or a head of state and is not democratically elected.

 

The Members of the European Parliament are the only directly elected representatives of the people of Europe within the organs of the European Union, and their democratic legitimacy would appear to be well established therefore.  However, many point out that the powers of the European Parliament are very limited – for example the Parliament has no power to initiate legislation.  Many point to the fact that the Parliament may dismiss the Commission as validating the contention that the European Union is, ultimately, a democratic creature.

 

In many ways the crux of the matter lies in the extensive powers and reach of the European Commission.  Although the Commissioners are appointed by the democratically elected governments of each member state, they are not necessarily politicians and need not ever have been elected by anyone to any position.  Moreover, the Commission is not only the body which initiates legislation in Europe, it also has the power to issue directives and regulations which are binding on all member states and the mechanisms regarding its accountability are regarded by many as unsatisfactory.  It is therefore at the level of the Commission that arguments as to the democratic deficit in Europe tend to rage.  The arguments are likely to intensify in the next few years, as the transitional amendments provided for in the Lisbon Treaty gradually fall into place, and the number of Commissioners serving at any one time is capped at 15, which will mean that each member state will only have a Commissioner for 10 years out of every 15.  The argument is that the Commissioners are bound to represent the interests of Europe and not of their ‘mother’ nation, but it is almost inevitable that resentment will grow as decisions made by the Commission bind all member states.

 

If we extend the meaning of the word ‘democratic’ to include the concept that those who legislate for us should reflect the society for which they legislate, then the European organs may also be considered to be undemocratic.  The Three Councils are overwhelming dominated by white, middle class males.  According to Operation Black Vote there are only 10 out of 732 MEPs who are black or of other minority ethnic origin.

 

One significant objection to the democratic legitimacy of European organs, is that in practically all cases, with the exception of the European Parliament, the deliberations of these organs take place in secret, with only summaries of the their deliberations or decisions being available.  The lack of openness calls into question the democratic nature of the European machine.  On the other hand a recent introduction and a product of the Treaty of Lisbon is a provision whereby 1 million citizens across Europe may petition the Commission to consider an issue.  It is not yet clear how effective such provision will be in terms of increasing ‘direct democracy’, especially in the light of the fact that the commission is not bound to take any action in respect of such petition.

 

A further issue is the influence of lobbyists in the European Parliament and the Commission.  A recent report suggests that efforts to introduce a voluntary code of conduct of lobbyists have not been entirely effective and this, combined with the fact that deliberations of so many organs and committees take place in private, means that there are concerns that commercial interests may have an undue influence over the decision making process in Europe.

 

What is the point of voting in European elections when the power is vested in the European Commission?

In defending the accusation of a democratic deficit in Europe, the argument is often made that the legitimacy of the Commission is guaranteed by the fact that the European Parliament has the power to confirm appointments and to remove Commissioners from office.  However, it only tends to compound the democratic deficit if the turnout at European elections is low.  Turnouts have been in steady decline since 1979, falling to well below 50% at the last election.  It is sometimes said that apathy at the polls means that an electorate gets the representation that it deserves.  Higher levels of voting and commitment by the general public not only improves the legitimacy of the elected bodies, but also brings greater pressure to bear on those elected representatives to fulfil their duties.

 

By contrast others argue that the large and unwieldy structure of the Commission, based far away from the UK, mean that no matter who is in office in Brussels, the Commissioners and the Commission in general is bound to be out of touch with the people affected by the decisions it makes and that the fact that the public have no direct method of demonstrating their satisfaction or dissatisfaction with the Commission cannot be cured by the election of individuals to a completely different body.

 

 

The United Kingdom's relationship with Europe is equivocal.  In the years immediately following the Second World War, the United Kingdom was a prime mover in the efforts made to achieve closer dialogue and understanding between the nations of Europe and to introduce measures designed to ensure that a European war could not happen again.  However, the UK did not join the European Union (or the EEC as it then was) on its formation in 1957 and it was not until 1973 that, somewhat reluctantly, the UK conceded the imperative of recognising that we are part of Europe and the benefits that closer European cooperation can bring.  However, the successive treaties which have inched closer towards total European integration, in parallel with the expansion of the powers of the central organs of Europe, have divided opinion in the UK as to whether they represent an abdication of parliamentary sovereignty.  The organs of European cooperation, both within and outside the European Union, are many and varied, but in almost every case they derive their authority from treaties to which the UK is party.  An understanding of these structures is an essential prerequisite to forming a view as to whether or not 'Europe' represents a threat to the British constitution. 

Citizens of the United Kingdom participate in ‘Europe’ in a number of ways; for example, they vote for Members of the European Parliament to represent them, regulations emanating from the European Commission directly impact everyone's daily life, all UK citizens are entitled to recourse to the European Court of Human Rights and we take for granted the right to free movement throughout the European Union.  Yet the views of many, both for and against 'Europe' tend to be founded on only a sketchy knowledge of the structures operating in Europe and are liberally tainted with national and transnational prejudices and preferences.   An informed view would lead to a clearer strategy on Europe.

1949

Formation of the Council of Europe (the Treaty of London)

1950

Adoption of the European Convention on Human Rights (the Treaty of Rome)

1957

Belgium, France, Germany, Italy, Luxembourg, Netherlands form the European Economic Community (subsequently the EU, and referred to below as the EU

1959

First session of the European Court of Human Rights

1960

European Court of Human Rights issues its first judgement

1973

Denmark, Ireland, United Kingdom join the EU

1981

Greece joins the EU

1986

Portugal, Spain join the EU

1995

Austria, Finland, Sweden join the EU

2004

Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia join the EU

2007

Bulgaria, Romania join the EU

2008

European Court of Human Rights issues its 10,000th judgement

The United Kingdom regulates its relationship with fellow European states in different ways.  First, we are party to treaties with many other European states which regulate our dealings with those states both individually and collectively.  Second, we are members of the European Union.  The European Union is a new type of structure that does not fall into any traditional legal category (such as a federation of states).  The political system of the EU has been constantly evolving in the 50 years since its foundation, but the primary legislation which brought the EU into existence and which regulates its operation is a series of treaties of which the Lisbon Treaty is the most recent.   † More

Confusingly, many of the administrative organs which exist in Europe bear very similar names and their functions also sometimes overlap.  What follows is not an exhaustive list of all European organs, but a guide to the principle organisations whose activities impact on the United Kingdom.

 

The Council of Europe

 

The Council of Europe is completely distinct and separate from the European Union.  It is an international organisation in Strasbourg which comprises 47 countries of Europe, including many countries which are not members of the European Union.  † More

It was established by the Treaty of London after the Second World War to promote democracy and protect human rights and the rule of law in Europe.  The Council of Europe seeks to develop throughout Europe common and democratic principles based on the European Convention on Human Rights and other reference texts on the protection of individuals.  Born out of the post-war desire to try to avoid another war, the Council became to some extent sidelined on the formation of the European Union, but has acquired new impetus following the collapse of communism in the eastern bloc in the 1980s, doing much to promote democracy and human rights in the former eastern bloc states. † More

Council of Europe member states maintain their sovereignty but commit themselves through conventions and treaties and co-operate on the basis of common values and common political decisions. † More

The Council of Europe is sometimes criticised for being only a rather expensive talking shop.  Yet it performs a number of practical functions in the field of human rights, public health, social cohesion and cultural development.  A number of international organisations work under the auspices of the Council of Europe, for example the European Court of Human Rights, the European Directorate for the Quality of Medicines and the European Committee of Social Rights, the Council of Europe Anti-Doping Authority and Eurimages (promoting European film).  † More

For the financial year 2010, the United Kingdom is to contribute just over 11% of the total ordinary budget of the Council of Europe of € 218 million.  The Council employs a full-time secretariat of 2,000 individuals in Strasbourg and other offices across Europe. † More

 

The Committee of Ministers is the decision making body of the Council of Europe and is made up of the Ministers of Foreign Affairs of each of the 47 member states.† More

 

Each member State appoints a Permanent Representative who resides in Strasbourg.  They are usually senior diplomats with Ambassadorial rank, occasionally chargés d'affaires. † More

In practice the Ministers usually appoint Deputies to conduct most of the day to day work of the Committee, exercising all of the powers of the Minister. 

The Committee of Ministers usually meets once a year.  Records of these 'sessions' are confidential but a final communique is usually issued at the end of each session.  The Committee approves the budget of the Council and determines policy, but the remit of the Committee also encompasses the maintenance of good diplomatic and working relationships within all member states and the striving towards common ground and common values.  Each Minister chairs the Committee for six months.

The Deputies meet once a week for full "Meetings of the Ministers' Deputies" and several further times a week in subsidiary groups or working parties to fulfill and implement the policies determined by the Committee.

Although the Committee of Ministers may approve treaties, conventions and agreements, these do not have automatic effect.  Instead each member state must sign up before it is bound.

The Holy See, the United States of American, Canada, Japan and Mexico all have permanent observers on the Committee.  

 

The Parliamentary Assembly (PACE) is the deliberative body of the Council of Europe which initiates and debates policy and makes recommendations to the Committee of Ministers.  Each member state appoints a delegation to PACE, whose members are serving politicians in their home state.  † More

PACE can initiate new policies, must be consulted about all treaties drawn up by the Council of Europe and it elects the judges of the European Court of Human Rights, the Commissioner for Human Rights, the Secretary General and Deputy Secretary General of the Council of Europe and its own Secretary General.

PACE monitors compliance of member states with their obligations, although it has few mandatory powers to ensure enforcement. † More

PACE meets four times a year for week-long plenary sessions. On the recommendation of the Committee of Ministers,  PACE appoints a Secretary-General who holds office for 5 years.

 

The Congress of Local and Regional Authorities is the voice of Europe’s 200 000 councils, regions and municipalities and provides a forum where elected representatives can discuss common problems, pool their experiences and develop policies.  It consists of two chambers, the Chamber of Local Authorities and the Chamber of Regions, and has 318 members.  It meets twice a year in Strasbourg.† More

Each state has its own procedure for appointing members, who elect the Congress President for two ordinary sessions. † More

The general remit of the Congress is to promote and uphold democracy, social cohesion, culture, education and sustainable development in member states.  It has no mandatory powers of enforcement.

The Conference of INGOs includes some 400 international Non Governmental Organisations (INGOs).  NGOs who comply with basic criteria set by the Council may apply to become members.  The Conference meets three to four times a year in plenary session.  The purpose of the conference is to engender closer cooperation and understanding between the various bodies and the member states.

 

The European Convention on Human Rights and The European Court of Human Rights

 

It is a common misconception that the European Convention on Human Rights and the Court of Human Rights are the product of the European Union.  In fact the Convention is the product of the Council of Europe and pre-dates the formation of the European Union by several years.  All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. 

The United Kingdom was in large part responsible for the drafting of the convention and was one of the first nations to sign it, so the Convention has had legal effect in the United Kingdom since it first came into force in 1953.  † More

Many of the provisions of the convention draw heavily on principles well established in English law over many centuries, but the contents of the convention are commonly viewed as 'European' because the language used attempted to accommodate nations common from many different national legal perspectives.  † More

The European Court of Human Rights was established as an organ of the Council of Europe and is the permanent judicial body which guarantees for all Europeans the rights safeguarded by the European Convention on Human Rights.  The Court may rule that a member state is in violation of the principles of the Convention and may award compensation to the offended party. 

Since the Court of Human Rights sits in Strasbourg and applications may only be brought after exhausting local remedies, access to the Court is in practice costly and therefore impracticable for most potential applicants.  This was one reason that it was felt appropriate to incorporate the provisions of the convention into United Kingdom law in the form of the Human Rights Act 1998.  † More

However, there was also a perception that the rulings of the European Court of Human Rights had been out of sympathy with UK law and practice.  Under section 2(1) of the Human Rights Act 1998, the courts must ‘take into account’ any relevant judgment from the European Court of Human Rights. But that phrase does not make decisions of the Strasbourg court binding on our own courts. † More Notwithstanding this, there is a continuing perception in certain quarters that the rulings of the UK courts under the HRA have effected a 'villain's charter', because decisions weigh in favour of the human rights of the applicant.  Whether or not this view is justified, it is leading to calls for the repeal of the HRA and its replacement with a British Bill of Rights.  † More

 

The European Union

 

The EU, founded in 1957, is based on a series of legal treaties between the member states.  The United Kingdom joined the EU in 1973.  † More

The European Union has influence over a very wide range of policy areas.  In economic policy, it has sole responsible for the Euro, external trade negotiations, overseeing the single market, competition policy and the EU budget.  It also operates various funds, including the Common Agricultural Policy (CAP) and the Common Fisheries Policy (CFP).  The EU has responsibilities in many areas of justice and home affairs, foreign policy and social policies, such as working hours, and health and safety. Finally it regulates numerous areas of peoples' lives relating to issues including in relation to the environment and consumer protection.

The European Union describes itself as “a pact between sovereign nations which have resolved to share a common destiny and to pool an increasing share of their sovereignty.  It touches on things that Europeans care most deeply about: peace, economic and physical well-being, security, participatory democracy, justice and solidarity.” † More

There is no Constitution of the European Union as such.  Successive attempts to get all member states to agree to a constitution have failed, however, many view the consolidating amendments to the previous treaties which were made by the Treaty of Lisbon as being tantamount to a constitution.

 

The European Council

 

The European Council is made up of the heads of the governments of the member states (so the United Kingdom’s representative is the Prime Minister), and the President of the Commission. It meets for summits four times a year to discuss the direction of EU policy.† More

To the extent that one of the aims of the European Union is to enhance the force of Europe as a single entity on the world stage, the European Union summits play an important role in demonstrating the glamour and gravitas of the European Union to the rest of the world.

The High Representative for Foreign and Security Policy, although not a member of the Council, takes part in its meetings, as well as the Secretary-General of the Council of the European Union and the President of the European Commission.  At the start of each session, the President of the European Parliament usually attends to deliver a speech on the position of the European Parliament.  † More

The Council appoints a President, who serves a 2 and a half year term, which can be extended to 5 years.  The current President of the European Council is Herman van Rompuy, former Prime Minister of Belgium.  The President is primarily responsible for preparing and chairing the Council meetings, and has no executive powers, but the President represents the European Council and the EU to the outside world.  He must report to the European Parliament after each European Council meeting.

The remit of the Council, as set down in the Treaty of Lisbon is to “provide the Union with the necessary impetus for its development”.  The European Council cannot enact any binding legislation, although it calls upon the European Commission and the Council of the European Union to take action, and the guidelines it lays down must be taken into account in decisions of the Council of the EU.

The European Council makes the decisions which set the course for the Common Foreign and Security Policy (CFSP), although it is the High Representative for Foreign Affairs who is responsible for co-ordinating the EU's foreign policy and building consensus between member states.  The European Council also issues 'common strategies' on issues about which members states agree.  † More

The European Council is a forum for free and informal exchanges of views between the responsible leaders of the Member States and is often thought of as the organ which brings about a sort of "esprit de corps" on the part of Europe's political leaders. Decisions in the European Council are generally made unanimously, a reflection of the inter-governmental nature of the Council and the fact that the member states remain sovereign. In common with other treaty organisations, the European Council relies more on consensus to reach political agreement and has to reach compromises in order to reach a conclusion.  The agreements reached in each session are summarised in the “Presidency conclusions”.   A less formal organization than the Council of the European Union (whose proceedings may become frozen by the rigidity of its method of operation), the European Council can take advantage of the fact that it is a forum where deals between states may be brokered and can therefore act as a kind of appeal body for politically and economically important business which is deadlocked at ministerial level.   † More

 

The Council of the European Union (the Council of Ministers)

The Council of the European Union — sometimes also called the Council of Ministers or the Consilium — consists of ministers from the national governments of all the EU countries.  It is an important decision-making body of the EU and it shares with the European Parliament the responsibility for passing EU laws.  However it does not have the power to propose new legislation, as this is the remit of the Commission.  For any EU law to be passed, or deal on the EU budget to be agreed, the Council of the European Union (along with the European Parliament) must vote in favour of it and in that respect its role is key.  It is also ‘in charge’ of the EU’s foreign, security and defence policies, in as much as the policies are set by agreement between the member state in the European Council, but it is the Council of the EU which has the responsibility for implementation.  In matters relating to policy areas in which member states have not delegated powers to the other EU institutions, the Council plays the predominant role, setting political guidelines.  For example, it has the power to sign international agreements with non-EU countries on behalf of the EU.

The Council Meetings are attended by whichever ministers are responsible for the items to be discussed – for example ministers with responsibilites for agriculture attend meetings reating to the Common Agricultural Policy. † More

Every six months, a different member state assumes the so-called presidency of the EU, meaning that its ministers chair the meetings of the council and set the overall political agenda, except in relation to Foreign Affairs, in respect of which meetings are permanently led by the EU's High Representative for Foreign and Security Policy, currently the UK's Catherine Ashton.  

The Council of of the EU can take a decision in three ways: by a simple majority vote, by a qualified majority vote (QMV) or unanimously and the voting system used depends on the subject and whether a particular method of voting has been stipulated in advance by a treaty or other arrangement. † More

The Council has to agree unanimously in order to amend Treaties, to launch new common policies or to allow a new country to join the EU.  In most other cases, QMV is used, in which the Council adopts a decision if a specified minimum number of votes is cast in its favour.   The number of votes allocated to each EU country roughly reflects the size of its population, but there is a weighting in favour of smaller countries.† More Under the Lisbon Treaty, QMV will be extended to 40 policy areas, including asylum, immigration, police co-operation and judicial co-operation in criminal matters.

As the activities of the EU have expanded, the Council has lost some authority to the Commission.  † More

 

The Commission proposes most of the issues to be discussed by the Council of the EU.  There are also issues regarding the accountability of the Council of the EU, in particular because the Council still meets mainly in secret and neither minutes of meetings nor Ministers' negotiating processes are made public.  Although ministers are answerable to their national parliaments, the fact that they are empowered to commit and take decisions in secret meetings of the Council of the EU means that it can be difficult for national parliaments to keep track of changes that are being made.  Moreover, the extension of the use of QMV means that sometimes member states can have decisions forced upon them that they do not support and may struggle to pass through their national parliaments.

 

European Commission

The European Commission is the EU's permanent administration, but it is more than just a civil service for the European Union, because it is the only institution in the Union which has the power to propose EU laws.  For this reason it is sometimes seen as the driving force behind integration in Europe.  The European Commission has four main roles:

1. to propose legislation to Parliament and the Council;

2. to manage and implement EU policies and the budget;

3. to enforce European law (jointly with the Court of Justice);

4. to represent the European Union on the international stage, for example by negotiating agreements between the EU and other countries.

The European Commission is made up of 27 commissioners, each of whom is supported by his or her own cabinet of advisors.  A number of directorates general perform the day to day work of the Commission, including devising and drafting legislative proposals; however, such proposals only become official once they are formally adopted by the Commission at its weekly meeting.    † More

Each member state appoints one Commissioner who is usually a senior politician or civil servant in his or her home state.  However, the Commissioners’ job is to act in the general European interest, not to advance the interests of their own country.  Each Commissioner is responsible for managing EU policy in a particular area - such as environment, education or transport.  The British Commissioner is currently Baroness Catherine Ashton and she is the EU High Representative for Foreign and Security Policy.  The Lisbon Treaty provides that from 2014 the total number of Commissioners is to be capped at 15, so that only two-thirds of member states will have an active Commissioner at any one time - so all states will have a Commissioner for 10 years out of every 15.

The Commissioners serve a term of five years. They are appointed by national governments and their appointment is confirmed by a vote in the European Parliament.  The European Council nominates one of the Commissioners to be the President (which nomination is confirmed by a vote of the European Parliament), in order to give leadership to the work of the Commission as a whole. The current President is José Manuel Barroso of the European People's Party.  The President holds office for a five year renewable term.  The European Parliament has the right to remove the President and all the Commissioners from office on a vote of censure.    † More

The Commission meets once a week, usually on Wednesdays, in Brussels.  Each item on the agenda is presented by the Commissioner responsible for that policy area, and the whole team then takes a collective decision on it.

The Commission exercises its powers just by virtue of the various treaties which set the framework for the EU.  The Commission does not have unfettered powers over all policy areas in the way that a national government or executive would; for example, the Commission lacks power over areas like foreign policy because that power is reserved to the European Council.  † More

However, the Commission enjoys considerable financial powers, drafting the EU budget and having the responsibility for the distribution of EU funds to member states.  It also has a role representing all the members collectively in the negotiation of treaties and the enlargement of the EU and the Commission is represented at meetings when decisions are made about common foreign and security policy and justice and home affairs policy.  The Commission polices compliance by member states with EU law and has the power to take legal action against states that it believes are not in compliance.  Most importantly, except in relation to the Common Foreign and Security Policy, it alone has legislative initiative in the European Union, meaning only the Commission can make formal proposals for legislation– legislative proposals cannot originate in the legislative branches.  The European Council and the European Parliament are able to request legislation and in most cases the Commission initiates the basis of these proposals, although it is not bound to do so.  This monopoly was originally conceived of as a mechanism to ensure coordinated and coherent drafting of Union law.  But the monopoly, combined with the fact that the powers of the Commission are far-reaching and with the fact that the Commission is not directly accountable to the electorate, lead to claims of a democratic deficit in Europe.† More

Regulations and directives

The Commission may issue either directives or regulations.  Directives are addressed to member states rather than to their citizens and require member states to implement certain provisions as part of their own domestic law.  Regulations, on the other hand, take effect as soon as they are made and are binding on all citizens within the EU, regardless of the provisions of member states’ domestic laws.

 

European Parliament

 

The European Parliament (EP) is the only directly elected EU institution and, as such, is seen as giving democratic legitimacy to the EU as a whole.  The Parliament suffers from significant ‘image problems’ with the European electorate for a number of reasons:

– it does not have the powers of a normal national parliament in that it cannot propose new legislation: it can only accept, reject or put forward amendments to laws proposed by the Commission.  This makes many voters unsure of the role of the European Parliament in general or of Members of the Parliament in particular

– the European Parliament has two homes - one in Brussels, the other in Strasbourg - and a secretariat in Luxembourg; for three weeks of the month the parliament operates in Brussels, where most committee and political group meetings take place, then for one week it decamps to Strasbourg; this perpetual movement adds to the cost of running the parliament, is unpopular with members of the European Parliament (MEPs) because of the extra travel involved and creates a public perception of inpermanence † More

– the Parliament has also been dogged by organisation problems arising from the number of different political groups and alliances that make it up.

These problems probably together contribute to the fact that turnouts in EU elections have been in steady decline since the 1970s. † More

Elections for the European Parliament are held every five years, and every EU citizen who is registered as a voter is entitled to vote.  MEPs in the United Kingdom are elected by proportional representation.† More

Members of the European Parliament (MEPs) do not sit in national blocks, but in seven Europe-wide political groupings.  The largest of these are the European People's Party (EPP) and the Alliance of Socialists and Democracts (S&D). † More

 

For a group to be recognised, it needs at least 25 MEPs from seven different countries.  The groups are important because the larger the group, the more funding it receives, the more key committee posts it gets and the longer it can speak in debates. † More

None of the groups has an overall majority, so amendments need the support of more than one group to get through.  On most issues the European Parliament divides along classic left-right lines.

 

The present parliament, elected in June 2009, has 736 MEPs of whom 72 are British.  † More

The Lisbon Treaty (2007) limits the number of MEP's to a maximum of 750. † More The number of MEPs each country has reflects the size of its population.  The UK is divided into twelve electoral regions made up of the nations and regions of the UK. Each region has between three and ten MEPs and each MEP in a region represents each person living there. † More

 

The standard monthly payment for all MEPs has been set at 7,665 euros; in addition MEPs can claim a flat-rate monthly allowance of 4202 euros to cover office expenses and travel in their home country and they can claim for travel related to their official duties in Brussels and Strasbourg. † More

Although the European Parliament represents the electorate's interests in discussions with the other EU institutions, it can only discuss, propose amendments to, and vote to accept or reject laws proposed by the Commission.  European Parliament committees can produce 'own-initiative' reports, which recommend legislation to the Commission, but the Commission is under no obligation to act on these.  For a new European Union law or budget to pass, it must have the support of both the European Parliament and the Council of the European Union, the so-called process of "co-decision".  The other significant power the EP has is that of 'democratic supervision' over the Commission - giving it the power to sack the Commission through a vote of censure.

The EP budget for 2009 was 1.5 billion euros,  25% of which was dedicated to MEPs' expenses.

The European Parliament elects a President for a renewable term of two and a half years, i.e. half the lifetime of a Parliament.  The current President is the former Polish prime minister Jerzy Buzek.  The President represents the European Parliament in its relations with the other Community institutions and with the outside world.  Assisted by 14 Vice-Presidents, the President oversees all the work of the Parliament and its constituent bodies (Bureau and Conference of Presidents), as well as the debates in plenary session.  Twelve plenary part-sessions are held each year in Strasbourg and six more in Brussels.

There are 20 parliamentary committees which meet once or twice a month in Brussels, and which deliberate in public.   A committee consists of between 24 and 76 MEPs, and has a chair, a bureau and a secretariat.  The political make-up of the committees reflects that of the plenary assembly.  The committees draw up, amend and adopt legislative proposals and own-initiative reports.  They consider Commission and Council proposals and, where necessary, draw up reports to be presented to the plenary assembly.  The European Parliament’s 35 delegations interact with the parliaments of countries that are not members of the European Union.  † More

The European Parliament has its own Secretariat comprising some 4600 officials working under the authority of a Secretary-General.

The European Parliament has numerous contacts with lobby groups, which have led it to adopt an associated code of conduct.

The Quaestors are responsible for issuing individual named passes valid for a maximum of one year to people who wish to enter Parliament frequently to provide MEPs with information relating to their parliamentary duties, in their own interests or those of third parties.

Their names are recorded in a public register kept by the Quaestors, which can be consulted on Parliament’s website.

The European Parliament decides on policy proposals in the plenary by voting on the basis of either 'roll-call votes' (in which the way that each MEP votes is recorded), electronic votes or by a show of hands.  European Parliament voting is mainly via a show of hands.

 

The European Court of Justice

 

The purpose of the European Court of Justice is to ensure that the law of the European Union is observed and interpreted in a uniform manner through the EU; for example it endeavours to ensure that national courts do not give different rulings on the same issue. † More

The Court has the power to settle legal disputes between EU member states, EU institutions, businesses and individuals.  The Court comprises 27 judges - one from each member state – and the appointment of the judges is agreed between all member states.  The Court rarely sits as the full court, but usually sits as a ‘Grand Chamber’ of just 13 judges or in chambers of five or three judges.

The Court is assisted by eight ‘advocates-general’ whose role is publicly and impartially to present reasoned opinions on the cases brought before the Court. † More

 

EU Budget

 

The budget of the EU in general and the UK’s contribution to it in particular remain emotive and controversial issues in the UK.  By comparison with national governmental budgets, the EU's budget is small. For 2010 it amounts to 141.5 billion euros, equivalent to just over 1 per cent of EU GDP.  In budgetary terms, the EU does not come close to resembling a 'federal super-state', but this is because most of the biggest spending items - defence, education, health, social services - remain reserved to the member states, while many of the EU's responsibilities, such as market regulation, involve little cost.

The controversy revolves less around the size of the budget than around two other specific issues: first, the size of the UK’s contribution to the overall pot, and second, the question of profligacy and waste within the EU.† More

 

The EU and the British constitution

EU membership has had an undoubted impact on the British constitution, but understanding the exact nature of that impact is not easy.  The central issue is one of sovereignty and whether, by becoming a member of the EU the United Kingdom has given up its sovereignty.

The ‘pooling’ or ‘sharing’ of sovereignty is nothing new.  Many international organisations created by treaty are the product of some measure of sovereignty pooling or sharing – examples would be NATO, the UN or the Council of Europe.  No one would suggest that the United Kingdom is prohibited from leaving the EU (although there would undoubtedly be costs incidental to any such move) and therefore to that extent the United Kingdom remains a sovereign nation within the EU. 

The more ticklish subject is the question of whether the UK Parliament remains sovereign.  As a consequence of the treaty obligations entered into by the UK, supranational law courts are now regularly reviewing British legislation for compatibility with international obligations.  The UK is now subject to European law which is made to support one or other of the objectives set down in the EC Treaty, such as promoting a common market between member states or preserving, protecting and improving the quality of the environment.  The UK domestic courts cannot strike down EU law, but they can challenge it, for example if they feel that it has not been passed legitimately in pursuance of a Treaty objective. 

However, it is probably in the field of the issue of regulations by the European Commission that the most concern arises. Regulations issued by the Commission take effect immediately upon all citizens within the EU, and although they may deal with banal issues, they can produce a sense of powerlessness on the part of member states.  The notorious Commission Regulation (EC) 2257/94 (requiring bananas to be "free from malformation or abnormal curvature of the fingers") is an oft-cited example of the way in which ‘Europe’ has neutered Parliamentary sovereignty.  Whilst the remit of the European institutions remains confined to very specific areas of policy, perhaps this is not a major cause for concern.  But as European ‘integration’ continues to grow and the policy areas on the European agenda continue to expand, this issue is likely to continue to arouse debate in the UK.

 

 

 

 

 

Why we need a British Bill of Rights Geoffrey Roberson QC, published in Standpoint magazine, February 2010 http://www.standpointmag.co.uk/node/2512/full

Repealing the Human Rights Act may not be as alarming as it seems Professor Vernon Bogdanor, The Times 18th February 2010 http://business.timesonline.co.uk/tol/business/law/article7030952.ece

 

The Centre for European Reform a pro-european but not uncritical think-tank based in the UK

http://www.cer.org.uk/about_new/about_index.html

 

UK Independence Party Manifesto

http://www.ukip.org/page/ukip-manifesto

The Parliamentary Assembly of the Council of Europe published by the PACE Communication Unit

http://assembly.coe.int/Communication/Brochure/Bro01-e.pdf

 

Procedure agreed by the Government of the United Kingdom for appointing the UK National Delegation to the Cogress of Local and regional Authorities of Europe with effect from May 2008

http://www.communities.gov.uk/localgovernment/internationalengagement/councilofeurope/

 

Making sense of Human Rights, published by the Ministry of Justice

http://www.justice.gov.uk/guidance/humanrights.htm

 

The Council of Europe - Pioneer and guarantor for human rights and democracy April 2010  (Published by the Council of Europe)

 

Ours to own: Understanding human rights (published by the Equality and Human Rights Commission 2008)

 

EU's new diplomatic service - European External Action Service (EEAS)

http://news.bbc.co.uk/2/hi/europe/8604643.stm

 

Useful glossary of terms used in Europe

http://news.bbc.co.uk/2/hi/europe/7908588.stm

 

Nicholas Moussis Access to European Union: Law, Economics, Policies - revised anually

 

Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union

http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2008:115:SOM:EN:HTML

 

Europe in 12 Lessons, from the website of the European Union

http://europa.eu/abc/12lessons/lesson_4/index_en.htm

 

The website of the European Parliament

http://www.europarl.europa.eu/parliament/public/staticDisplay.do?id=146&language=EN

 

Voting results in the European Parliament

http://www.votewatch.eu/static/votewatch_guide.php

 

Details on voting methods in the European Parliament

http://www.europarl.europa.eu/sides/getDoc.do?language=EN&type=IM-PRESS&reference=20060628STO09319

The European Neighbourhood Policy strategy paper, issued by the Commission of the European Communities 2004: Deirdre Curtin, Amsterdam Centre for European Law and Governance; University of Amsterdam - Faculty of Law; University of Utrecht - Utrecht School of Governance