European Law Essentials - Essay Example

European Law Introduction This paper gives a brief review of the role of the three selected s of the European Union (EU) cooperation among which is essential for an efficient functioning of the Union. The European Union is both an international organisation as well as a supranational institution to which each Member State delegates a part of its sovereignty allowing decision making concerning its internal matters. Thus, the EU is a political state with its own executive and legislative powers, own flag, own coin and political system. Besides the following under Part A, there are The European Committee, The European Court of justice, The European Court of Accounts, The Economic and Social Committee, The Committee of the regions, The European Ombudsman, The European Bank of Investments and The European Central Bank as the institution the EU (Dumitru). Part A The European Parliament The European Parliament is the apex body of the European Union. It represents the citizens of its 27-member countries who are European Union citizens by virtue of their respective country’s membership in the Union. The Parliament members are directly elected by their countries’ people to safeguard their interests in the E.U. Every E.U. citizen is entitled to vote from any E.U. member state they live. Thus every E.U. citizen has right to contest in the election for the E.U.Parliament held once in five years. Thus, the Parliament represents the democratic aspirations of its people through as many as 736 elected members from 27 Member States. Each Member State has a defined number of members to represent and there are seven political parties called political groups transcending the identities of individual member countries besides independently elected members (non-attached) without allegiance to any of the political groups. The Parliament’s General Secretariat is in Luxembourg. While its plenary sessions are held in Strasbourg, Committee meetings take place in Brussels. Parliament is vested with the power for enactment of European legislation. As the laws are passed by the elected members of the Member States, they lend legitimacy to the enactments and become binding on the Member States. As the European Council also has legislative power, the Parliament passes legislation through co-decision with the council. In some subjects, the Council alone can enact but with the consultation of the Parliament. In certain matters of admitting countries as members, Parliament’s assent s required. Second, it supervises the E.U institutions’ functioning. Its supervision over the E.U. Commission is exercised through approval or rejection of nominated Commissioners and it has power to censure the Commission itself. Thus whenever a new commission is formed, the commissioners from the Member States can be appointed only with the Parliament’s approval after individual interviews of the member designates including the nominated Commission President. It approves the whole Commission after proper voting for the purpose. The Commission is thus politically accountable to the Parliament. Third, it has monetary control over the E.U by sharing the authority with the E.U. Council on the E.U. budget thus having control over E.U. spending (Europa). The European Commission The task of the Commission which represents the interests of the E.U. is to explore making of new E.U. laws as and when the need arises by submitting draft proposals to both the Parliament and the Council. The proposals should be in the common interest of the E.U. and not that of individual States. First it tries to solve problem at the lowest possible levels as directed by the principle of subsidiarity before proposing to the Parliament for a common solution at the E.U. level. Its routine function is to enforce the laws and decisions of the Parliament and the Council as well, thus acting as an executive branch of the E.U. Its enforcement involves launching of an infringement procedure for any violation of E.U. law by the Member States by proper notification to the State governments concerned fixing a deadline for reply and corrective action. If the Member State or States do not comply with the notice, the Commission institutes suit in Court of Justice for imposing penalties and compliance of the law by the erring State Government/s. The Commission is comprised of one nominated member each from the respective Member States. Though they come from their countries of origin with the political and official background, their onus is to act on behalf of the Union without being submissive to their respective Governments. The Commission is appointed once in five years within six months after Parliament elections. After all the Member States agree upon a consensual new President of the Commission, Parliament approves the new President-designate who after becoming the President appoints members of the Commission after due consultation with the Governments of the Member States. As the presence of too many Commissioners is not in the administrative convenience or interests of the Commission, it has been proposed to reduce its size by appointing Members from each State on rotation (Europa, a) The Council of the European Union The Council represented by one sitting minister from each Member State is the main decision making body of the EU. The council is known by its subject it is dealing with and the minister dealing with that subject alone attends its deliberations and participates in the decision making. Thus, Environment Minister of the member State will be attending the Environment Council. The council has nine different configurations (Europa, b). They are “General Affairs and External Relations, Economic and Financial Affairs (ECOFIN), Justice and Home Affairs (JHA), Employment, Social Policy, Health and Consumer Affairs, Competitiveness, Transport, Telecommunications and Energy, Agriculture and Fisheries, Environment and Education, Youth and Culture “(Europa, b).By taking part in the respective council’s meeting, the Minister of the Member State binds his/her government and in turn the minster is answerable to his/her national government which lends credence to the democracy in the Council’s decisions. The Council has six functions. They are enactment of laws jointly with European Parliament, interaction with Member States in their economic policies, concluding international agreement on behalf the EU, preparation of the EU budget along with Parliament, development of Common Foreign and Security Policy (CFSP) and interaction with national courts and police in criminal matters (Europa, b). Part B The very formation of European Union has been to facilitate free movement of persons and goods within the union from among the Member States regardless of the citizenship subject to certain limitations so as to avoid the migrating persons being an economic burden to the host Member State. The instant case involves movement of goods as well as services from one State to another. The builder contemplates rendering his swimming pool services in Spain while his wife in beauty business wonders if she could shift her business as well. The beauty business must combine both goods and services. And the builder’s brother also is interested to open a sales outlet in Seville for selling his Spa equipment imported from China. Free movement of goods Article 3 ( c ) of the EC envisages abolishment of obstacles to free movement of goods, persons, services and capital, supplemented by Article 14 EC which provides for creation of internal market without frontiers. The four items of free movement are known as four freedoms. The freedom of goods is necessary so that the Member State’s citizens like the builder’s brother can sell goods in the host State without barriers of customs duties hitherto being levied to protect their local trades. Article 23 EC provides for creation of customs union which facilitates removal of all customs duties and all charges having equivalent effect on goods moving across the Member States. Common Customs Tariff (CCT) only can be charged for goods imported from outside the Community i. e a non-Member State as envisaged by Article 24 EC. Since Article 24 C prohibits levy of existing customs duty, Article 25 EC prohibits levy of new customs duties. Thus, a citizen like the builder’s brother and his wife are free to set up Spa equipment business and beauty business respectively (Karen, 2003). Since there is no definition for goods by the Treaty, the European Court of Justice (ECJ) gave a wider meaning of good in case Commission v Italy(the 1st Art Treasures case) (Karen, 2003) as products that can be monetarily valued and are capable of being included in the subject matter of a commercial transaction. The ECJ also made it clear in Commission v Italy (the 2 nd Art Treasures case) (Karen 2003) that the purpose for which a duty or charge is imposed is immaterial as long as the import has the effect envisaged in the Article 25 EC. In view of these provisions, the builder’s brother and the builder’s wife can carry on their business activities in the host State of Spain. There is no bar on importing Spa equipment from China which is outside the community area. Neither is he barred form selling goods of Chinese origin as the goods might come from his Member State instead of China. However article 28 and 29 provides that a host State can prohibit movement of goods if it involves derogation of public morality and public security or policy and if it is against the interest of public health and life of humans, animals or plants, natural resources, industrial and commercial property though arbitrary restrictions cannot be allowed. Free movement of Persons and Services Article 18 EC entitles every EU citizen to move and reside freely within the Member States. Article 17 EC declares every person holding nationality of a Member State as an EU citizen. Thus, if the builder, his brother, builder’s wife and his daughter are nationals of a Member State, they can move into Spain subject to reasonable restrictions imposed by the host State such as economic burden etc. Thus, those who are economically active and their dependants ate allowed to freely move and reside into a host State. The non-economically active persons‘s movement are governed by secondary legislation known as 90’s directives of the Council (Karen, 2003). In this connection, Directive 2004/38/EC has consolidated various measures previously introduced involving free movement of persons. Thus aEU citizen can visit, reside, work or prosecute studies in another member State. The EU citizen’s direct family members, his non-EU spouse and spouse’s Children are allowed to accompany a citizen into a host State. Other family members who are his beneficiaries such as common law partners, same sex partners, dependant family members, members of the household and sick family members are allowed to accompany an economically active citizen (Directive, 2004). The child who is allowed to accompany must be under the age 21. Thus, the child can pursue studies without being economically active. Therefore, the ten year old daughter of the builder who is less than 21 years can very well accompany him. The builder himself can render swimming pool services in Spain as he himself is economically active. His wife can also accompany him as a dependant family member. Even otherwise, being potentially an economically active person by virtue of her beauty business, she can set up business in Spain provided the business is not against public morality or public policy (Academic). Conclusion This paper has briefed the functions of important EU institutions and detailed a hypothetical case involving free movement of goods, services and persons within the EU member States. Apart from examining the important role of the said EU institutions, it has also been ensured that the persons in the instant case can move into Spain and reside freely for the purpose of carrying of trade in goods, services in swimming pool and beauty business besides the privilege conferred on the ten year old child to prosecute her education in Spain. References Academic, Directive 2004/38/EC on the right to move and reside freely, < http://en.academic.ru/dic.nsf/enwiki/5910522 > accessed 13 November 2010 Directive (2004) Directive 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, < http://eumovement.wordpress.com/directive-200438ec/ > accessed 13 November 2010 Dumitru Franca, European Union Institutions, < steconomice.uoradea.ro/anale/volume/.../v1...european.../056.pdf> accesed 13 November 2010 Europa, The European Parliament. Accessed 13 November 2010 Europa, a, The European Commission, accessed 13 November 2010. Europa, b, The Council of the European Union Accessed 13 November 2010 Karen, Davies. (2003) Understanding European Union Law. Routledge Read More