Laws In The Eu: Country Autonomy?

The European Union (EU) is an economic and political union that consists of seven major institutions, including the European Council, the European Parliament, and the European Commission, with dozens of smaller bodies that make laws, coordinate foreign affairs and trade, and manage a common budget. The EU can pass laws in policy areas where its member countries have authorised it to do so via EU treaties, which are negotiated and agreed upon by all member states and ratified by their parliaments. In certain areas, the EU alone is able to pass laws, but in other areas, both the EU and member countries are able to pass laws, as long as the EU has not already proposed laws or decided that it will not.

The European Commission proposes, implements, and monitors EU laws

The European Commission is responsible for proposing, implementing, and monitoring EU laws. It is the only institution that can propose new European laws for adoption by the Parliament and the Council of the EU. The Commission encourages input from businesses and citizens in the law-making process and ensures that laws are correctly implemented, evaluated, and updated when necessary.

The Commission's proposals for new laws are based on evidence and the views of citizens and stakeholders. Once a proposal is made, it is sent to the Council of the EU and the Parliament for the next stage of the legislative process. The Commission is also responsible for implementing the decisions of the European Parliament and the Council of the EU.

EU laws can be in the form of regulations, directives, decisions, recommendations, or opinions. Regulations are binding in their entirety and are directly and uniformly applicable to all EU member states as soon as they enter into force. Directives , on the other hand, set binding objectives for member states but leave them free to decide how to achieve these objectives. Directives must be incorporated into the national legislation of member states within a specified deadline. Decisions are also binding, but they may require changes in national legislation and implementation by national agencies or regulators.

The Commission monitors the application, implementation, and enforcement of EU laws to ensure that they are correctly applied in all EU countries and that they deliver the desired changes for European citizens and businesses. If a country does not fully incorporate a directive into its national law or fails to apply EU law correctly, the Commission may initiate infringement proceedings against that country. The Commission is referred to as the "guardian of the treaties" in this role.

EU treaties are the starting point for EU law

The European Union is based on the rule of law. This means that every action taken by the EU is founded on treaties that have been approved voluntarily and democratically by all EU member countries. Treaties are the starting point for EU law and are referred to as primary law. The EU can only pass laws in policy areas where the member states have authorised it to do so via the EU treaties. This is known as the principle of conferral.

Treaties are negotiated and agreed upon by all the EU member states and ratified by their parliaments, sometimes following a referendum. Over time, the EU treaties have been amended to welcome new member states, reform the EU institutions, and give the EU new areas of responsibility. The Treaty on European Union, the Treaty on the Functioning of the European Union, the Treaty establishing the European Atomic Energy Community, and the Charter of Fundamental Rights of the European Union are examples of treaties currently in force.

The body of law that comes from the principles and objectives of the treaties is known as secondary law. These include legislative and non-legislative acts. Legislative acts are decisions adopted following one of the legislative procedures set out in the EU treaties (ordinary or special legislative procedure). Currently, there are five types of legislative acts, including regulations, directives, decisions, recommendations, and opinions.

Regulations are legal acts that are binding in their entirety. They are directly and uniformly applicable to all EU member states as soon as they enter into force, without needing to be transposed into national law. Directives set binding objectives for EU member states to achieve a certain result, but they are free to choose how to achieve these objectives. Once adopted at the EU level, member states must adopt measures to incorporate the directive into national law.

Exclusive competencies: areas where only the EU can pass laws

The European Union can only act in areas where its member countries have authorised it to do so via the EU treaties. The treaties specify who can pass laws in what areas: the EU, national governments, or both. The EU's exclusive competencies are specific to the EU, meaning that only the EU may enact legislation in these areas. The role of member countries is limited to applying the law, unless the EU authorises them to adopt certain laws themselves.

Exclusive competencies of the EU include monetary policy, the common commercial policy, the Customs Union, the conservation of marine biological resources, and competition rules. The EU also has exclusive competence for common foreign and security policy, including the progressive framing of a common defence policy. However, the Commission does not have powers to propose a legal act in this field. The European Council and the Council of the European Union are responsible for defining and implementing this policy, with the participation of the European Parliament in the decision-making procedure.

In addition to exclusive competencies, the EU also has shared and supporting competencies. In areas of shared competence, member states are allowed to act as long as the EU has not already exercised that competence. For example, member states can pass laws related to public health, as defined in Article 168 of the Treaty on the Functioning of the European Union, as long as the EU has not already proposed laws in this area. Once EU legislation enters into force in an area of shared competence, member states are no longer allowed to intervene.

In areas of supporting competence, the EU can only support, coordinate, or complement the actions of member countries. It has no power to pass laws and may not interfere with member countries' ability to do so. Supporting competencies include policy areas such as economic, social, and employment policies, where the EU can take measures to ensure that member states coordinate their actions at the EU level.

Shared competencies: areas where national governments can pass laws if the EU hasn't already

The European Union can only act in areas where its member countries have authorised it to do so via the EU treaties. The treaties specify who can pass laws in what areas: the EU, national governments, or both.

There are three types of competencies: exclusive, shared, and supporting. Exclusive competencies are areas where only the EU can act, such as the customs union and trade policy. In these areas, the role of member countries is limited to applying the law, unless the EU authorises them to adopt certain laws themselves.

Shared competencies are areas where both the EU and its member states can legislate and adopt legally binding acts. However, member states can only pass laws if the EU has not already proposed laws or decided that it will not. These areas include transport, cohesion policy, energy, and the environment.

Transport: The EU has some influence over transport policy, particularly regarding cross-border travel and the free movement of people and goods. However, national governments can still pass laws regarding transport within their own countries, as long as they do not conflict with EU laws.

Cohesion Policy: The EU has a say in cohesion policy, which aims to reduce economic and social disparities between different regions and member states. National governments can also pass laws to promote cohesion within their own countries, as long as they align with EU objectives.

Energy: While the EU has competencies in the energy sector, particularly regarding the internal energy market and energy efficiency, national governments retain the ability to pass laws regarding energy production, infrastructure, and supply within their own countries.

Environment: The EU has environmental policies and regulations, but national governments can also pass laws to protect and preserve their natural environments, as long as they do not conflict with EU directives.

In these shared competency areas, national governments can pass laws as long as they do not conflict with any existing or future EU laws. The EU may intervene in these areas if it is deemed that EU-level action is more effective, but national governments generally have the autonomy to act first.

The European Council and Parliament determine the composition of the European Commission

The European Commission is the EU's politically independent executive arm. It is the only institution with the power to make formal proposals for new European legislation, which are then adopted by the Council of the EU and the Parliament. The Commission also implements the decisions of the European Parliament and the Council of the EU.

The Commission is made up of one member from each member state, proposed by their governments. The President of the Commission is proposed by the European Council (the 27 heads of state/governments) and elected by the European Parliament. The Council of the European Union then nominates the other members of the Commission in agreement with the nominated President. The President selects potential Executive Vice-Presidents, Vice-Presidents, and Commissioners based on suggestions from the EU countries. The list of nominees is approved by the national leaders in the European Council and then voted on by the Parliament.

The Commission is responsible for drawing up annual budgets for approval by the Parliament and Council, supervising how the money is spent, and ensuring that EU law is properly applied in all EU countries. It also speaks on behalf of all EU countries in international bodies, particularly in areas of trade policy and humanitarian aid.

The Commission is accountable to the Parliament and if the Parliament adopts a motion of censure against the Commission, all its members are required to resign. The Commission is also responsible for monitoring whether EU laws are applied correctly and on time, and can initiate infringement proceedings against countries that do not fully incorporate directives into their national law.

Therefore, the composition of the European Commission is determined by the European Council and Parliament, with the Council proposing the President and the Parliament electing them, and the Council nominating the other members in agreement with the President-elect, who are then voted on by the Parliament.

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