What Europe and the United States share means that their future relations should and will be more than occasional collaborations, even if they no longer pursue a common mission. Ultimately, the book sets forth a new transatlantic agenda by discussing principal areas of concern.
The strategic implications of European Union enlargement Book 8 editions published in in English and held by WorldCat member libraries worldwide "In this book twenty authors from Europe and North America consider the impact of EU enlargement on the EU's perception of its international role, on specific geographical regions, and on a range of global issues.
Has the latest enlargement affected strategic priorities? Do perspectives differ in different regions of Europe? Will a larger EU be as active a supporter of development assistance or international environmental policies? Will the EU's role change at the United Nations? Auf den Kanzler kommt es an--Helmut Kohl und die deutsche Aussenpolitik: The changing East Asian security landscape: Commentaire article par article. The future of European defence policy.
Survival, 51 , — A survey of 25 European parliaments. In Vielfalt geeint — Elemente der Differenzierung im Verfassungsentwurf. Integration, 26 , — Auf dem Weg zu einer gemeinsamen Sicherheits- und Verteidigungspolitik. Governance and world order in the 21st century. The European Defence Community. Europas Gemeinsame Sicherheit im Meinungsbild der Deutschen.
Graf von Kielmansegg, S. Europarecht, 41 2 , — European Law Review, 32 , — Judicial control in the European Union. A question of flexibility. European Foreign Affairs Review, 9 , — Following the election of a new government in May , the United Kingdom announced that it intended to drop its opt-out. This also involved the formal abolition of the Social Policy Protocol. Accession negotiations are vital for monitoring and helping candidate countries to prepare for accession and for assessing how ready they are. Each country is judged on its own merits from the point of view of compliance with the accession criteria.
Negotiations help candidate countries to prepare to fulfil the obligations of European Union membership. They also allow the Union to prepare itself for enlargement in terms of absorption capacity. The acquisis divided into chapters, and there are as many chapters as areas in which progress must be made. These areas are identified by screening theacquis. Each chapter is negotiated individually, and measurable reference criteria are defined for the opening and closing of each chapter. Negotiations take place at bilateral intergovernmental conferences between the Member States and the candidate country.
Common negotiating positions are defined for each of the chapters relating to matters of Community competence. The results of the negotiations with the outcome of political and economic dialogues are incorporated into a draft accession treaty, once the negotiations on all chapters are closed. Where appropriate, the system of transitional measures allows negotiations to be concluded even if transposal of the acquis has not been completed. The fifth indent of Article 2 of the Treaty establishing the European Community ECT states that Community action is aimed at "encouraging the development of youth exchanges and exchanges of socio-educational instructors".
Responsibility for youth affairs rests with the Member States, and action by the Union is essentially initiated by the Council, primarily through recommendations and programmes designed to develop cooperation and mobility at Union level. Such action is guided by the open method of coordination. The White Paper on a new impetus for European youth marked a new stage in Union action. It essentially proposed that cooperation between Member States should be enhanced and that more account should be taken of the youth dimension in sectoral policies.
Following up the White Paper, the European Youth Pact adopted in March identifies the fields in which consolidation is required, also with a view to achieving the Lisbon strategy objectives and strengthening education and training.
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The Pact puts the emphasis on improving the education, training, mobility, vocational integration and social inclusion of young Europeans, while helping to reconcile work and family life. This programme is designed to encourage young people, especially the most disadvantaged and the disabled, to participate in public life, and also to promote their sense of initiative, entrepreneurial spirit and creativity. There is a special procedure for unofficial, purely declaratory consolidation of legislation and simplification of legal instruments. The incorporation of subsequent amendments into the body of a basic act does not entail the adoption of a new instrument.
It is simply a clarification exercise conducted by the Commission. The resulting text, which has no formal legal effect, can, where appropriate, be published in the Official Journal C Series without citations or recitals.
Abbkürzungen
The term Community legal instruments refers to the instruments available to the Community institutions to carry out their tasks under the Treaty establishing the European Community with due respect for the subsidiarity principle. Moreover, under the second and third pillars, specific legal instruments are used, such as strategies, joint action and common positions in the area of the CFSP, and decisions, framework decisions, joint positions and conventions in the area of JHA. The Constitution, which is in the process of being ratified, provides for a simpler typology of Community instruments: Strictly speaking, Community law consists of the founding Treaties primary legislation and the provisions of instruments enacted by the Community institutions by virtue of them secondary legislation - regulations, directives, etc.
Once the European Constitution has been adopted, it will replace the current set of founding Treaties. Primary Community law will consist of the Constitution and its Protocols - including the Charter of Fundamental Rights, which is incorporated in it - and the Euratom Treaty. In a broader sense, Community law encompasses all the rules of the Community legal order, including general principles of law, the case law of the Court of Justice, law flowing from the Community's external relations and supplementary law contained in conventions and similar agreements concluded between the Member States to give effect to Treaty provisions.
All these rules of law form part of what is known as the Community acquis. The purpose of the European Judicial Network EJN in criminal matters is to facilitate mutual judicial assistance in the fight against transnational crime. It originates in a Joint Action adopted by the Council on 29 June The judicial network is made up of contact points designed to enable local judicial authorities and judicial authorities in the other Member States to establish direct contacts between themselves. These contact points also provide the legal or practical information necessary to help the authorities concerned to prepare an effective request for judicial cooperation.
There is also a European Judicial Network in civil and commercial matters, established by Council Decision of 28 May and based on the network in criminal matters. The European Constitution, currently being ratified, heralds a new stage in the development of a "judicial Europe" by providing for the adoption of laws and framework laws designed to encourage support for the training of the judiciary.
The "REACH" system establishes a single regulatory framework for the registration, evaluation and authorisation of chemicals. The aim is to ensure greater safety in the manufacture and use of chemical substances. REACH will require operators to gather full information on the properties of substances of which they manufacture or import at least one tonne per year and to demonstrate safety of use. Previous legislation required the authorities of the Member States to prove the existence of a risk in order to ban a substance.
This reversal of the burden of proof allows the procedure to be more effective. This information must then be sent to the European Chemicals Agency created for the purpose. The Agency, located in Helsinki, will manage registration of the substances by setting up a database. Unregistered substances may not be manufactured in the European Union or imported into the EU market. The authorities of the Member States assess the registration dossiers and the substances giving cause for concern.
They are also responsible for granting or refusing authorisations for substances posing a risk to health or the environment. Restrictions remain possible for certain dangerous substances, but the procedure will henceforth be simpler. Moreover, since it was unduly slow, the previous procedure penalised innovation and the replacement of substances available on the market.
The single institutional framework Article 3 of the Treaty on European Union is the practical expression of the principle that there is only one set of institutions. This implies that the institutions serving the Union and the Community are the same. These institutions thus play a part in the decision-making process for the various pillars.
The existence of a single set of institutions is one of the means used by the authors of the Treaties to ensure coherence between the action of the Union and that of the Community. This concept found practical expression in the implementation of the Schengen area, which enabled a group of Member States to progressively curtail border checks and to establish freedom of movement for persons. This hard core was initially set up outside the EU's institutional framework, but was eventually integrated into the treaties through its incorporation into the Amsterdam Treaty.
The Amsterdam Treaty formally adopted the use of the hard core concept through its introduction of the 'closer cooperation' mechanism. This refers to the distinction made between Union expenditure of which the underlying principle and the amount are legally determined by the treaties, secondary legislation, conventions, international treaties or private contracts "compulsory" expenditure and expenditure for which the budgetary authority is free to decide the amount as it sees fit "non-compulsory" expenditure. The question of whether expenditure is to be considered compulsory or non-compulsory generates friction between the two arms of the budgetary authority - the Council and the European Parliament - as Parliament has the final say in determining the amount of expenditure only where it is non-compulsory.
The European Constitution currently being ratified provides for ending the distinction between compulsory and non-compulsory expenditure. Unifying expenditure in this way will have two effects: Parliament will be able to influence the entire budget, but it will lose the final say that enables it to impose its will on the Council regarding non-compulsory expenditure. Under this clause, some of a Member State's rights e. But its obligations would still be binding. The Treaty of Nice added a preventive mechanism to this procedure.
On a proposal by one third of the Member States, by the Commission or by the European Parliament, the Council, acting by a majority of four fifths of its members after obtaining the assent of the European Parliament, may determine that there is a clear risk of a serious breach of these fundamental principles by a Member State, and address appropriate recommendations to it.
Economic and social cohesion is an expression of solidarity between the Member States and regions of the European Union. The aim is balanced development throughout the EU, reducing structural disparities between regions and promoting equal opportunities for all. In practical terms, this is achieved by means of a variety of financing operations, principally through the Structural Funds and the Cohesion Fund.
Every three years the European Commission presents a report on progress made in achieving economic and social cohesion and on how Community policies have contributed to it. At European level, the origins of economic and social cohesion go back to the Treaty of Rome where a reference is made in the preamble to reducing regional disparities. In the s, Community action was taken to coordinate the national instruments and provide additional financial resources.
Subsequently these measures proved inadequate given the situation in the Community, where the establishment of the internal market, contrary to forecasts, had failed to even out the differences between regions. With the adoption of the Single European Act in , economic and social cohesion proper was made an objective alongside completing the single market. Economic and social cohesion is essentially implemented through the regional policy of the European Union.
Besides the reform of the common agricultural policy and enlargement to the Central and East European countries in , regional policy was one of the major issues discussed in Agenda , which covers the period , largely because of the financial implications. Regional policy is the European Union's second largest budget item, with an allocation of billion euros prices for the period Enlargement to 27 Member States in January has meant an entirely new order.
For the period , economic and social cohesion will have to concentrate more on crucial development concerns in the field of economic growth and employment while continuing to support regions which have not completed the process of convergence in real terms. Structural assistance also remains necessary in geographical areas facing specific structural problems areas undergoing industrial restructuring, urban areas, rural areas, areas dependent on fishing, and areas suffering from natural or demographic handicaps.
Finally, simplification and decentralisation of the management of regional policy financial instruments Structural Funds and Cohesion Fund will be the watchwords of the regional policy reform for the period The European Constitution, which is in the process of being ratified, provides for the objective of territorial cohesion to be added to the concept of economic and social cohesion. If ratified, it will definitively sanction the territorial dimension of regional policy and also reinforce the role of the local authorities.
Furthermore, the Committee of the Regions will be more involved in monitoring compliance with the principle of subsidiarity. Public procurement contracts cover supplies, services and works purchased by the public sector. Those over a certain value are subject to Community rules and procedures. This legislation ensures fair treatment for businesses and openness in the handling of invitations to tender. It is to be seen in the context of greater competition and the freedom to provide services within the European common market. Certain contracts remain a matter purely for the Member States, irrespective of their value, when they affect specific state interests.
This particularly applies to defence contracts. In , the Council and the European Parliament enacted a new package of legislation which simplifies and modernises the procedures for awarding public-sector contracts. This package consists of two directives, one covering public works, supply and services contracts and the other public contracts in the water, energy, transport and postal sectors.
Two more directives govern the appeals procedures concerning the award of public works and supply contracts and the procedures for award of contracts by operators in the water, energy, transport and telecommunications sectors. The Community legislation requires contracts over certain thresholds to be advertised in the Official Journal. The public procurement information system SIMAP provides the public procurement industry with information on European and international business opportunities.
The European Commission is a politically independent collegial institution which embodies and defends the general interests of the European Union. Its virtually exclusive right of initiative in the field of legislation makes it the driving force of European integration. It prepares and then implements the legislative instruments adopted by the Council and the European Parliament in connection with Community policies. The Commission also has powers of implementation, management and control.
It is responsible for planning and implementing common policies, executing the budget and managing Community programmes. As "guardian of the Treaties", it also ensures that European law is applied. The Commission is appointed for a five-year term by the Council acting by qualified majority in agreement with the Member States.
It is subject to a vote of appointment by the European Parliament, to which it is answerable. The Commissioners are assisted by an administration made up of Directorates-General and specialised departments whose staff are divided mainly between Brussels and Luxembourg. Since its inception the Commission has always been made up of two nationals from each of the Member States with larger populations and one national from each of the others. The Constitution, which is in the process of ratification, provides for a Commission in which only two thirds of the Member States would be represented after The Members will then be selected in accordance with a rotation system based on the principle of equality.
As in the national Parliaments, various committees have been set up within the European Parliament to prepare the proceedings of the full House. The core legislative work of Parliament is done in these committees. The members of each committee are elected from among the Members of Parliament at the beginning of and half-way through each parliamentary term, according to their political affiliation and their expertise.
The European Parliament's Rules of Procedure specify that the Members of Parliament set the number of committees and determine their powers. For the sixth parliamentary term , it was decided to increase the number of specialised standing committees from 17 to 20, dealing with different areas of activity internal market, agriculture, employment, industry, culture, constitutional and legal affairs etc. Parliament can also set up sub-committees, temporary committees and committees of inquiry if it considers it necessary. Committees of inquiry look into possible infringements of Community law or cases of maladministration in its implementation.
For example, a committee of inquiry was set up in to investigate the delay in the European response to the "mad cow" crisis. Temporary committees are set up for a period of 12 months, but can be renewed indefinitely. Their remit need not be restricted to the implementation of Community law. The main function of the standing committees is to debate proposals for new legislation put forward by the European Commission and to draw up own-initiative reports.
For any proposal for legislation or other initiative, a rapporteur is nominated by agreement between the political groups that make up Parliament. His or her report is discussed, amended and voted on within the parliamentary committee and then placed before the plenary assembly, which meets once a month in Strasbourg, and which debates and votes on the basis of this report.
As preparation for Parliament's vote of approval of the European Commission, the parliamentary committees also conduct hearings of the Commissioners-designate in their specialised areas. Coreper occupies a pivotal position in the Community decision-making system, in which it is both a forum for dialogue among the Permanent Representatives and between them and their respective national capitals and a means of political control guidance and supervision of the work of the expert groups.
It thus carries out preliminary scrutiny of the dossiers on the Council agenda proposals and drafts for acts tabled by the Commission. It seeks to reach agreement at its own level on each dossier, failing which it may suggest guidelines, options or suggested solutions to the Council. The agendas for Council meetings reflect the progress made in Coreper. They consist of A items, to be approved without discussion following agreement within Coreper, and B items, for discussion.
Coreper deals with all areas of the Council's work apart from agricultural issues, for which Agriculture Council dossiers are prepared by the Special Committee on Agriculture SCA. Created in by the Treaty of Maastricht and established in , the Committee of the Regions CoR is an advisory body that allows local and regional authorities to make their voices heard in the decision-making process of the European Union.
It is composed of representatives from local and regional authorities, appointed by the Council for four years. The CoR is consulted by the Council, the Parliament and the Commission in areas that affect local or regional interests. Since the entry into force of the Treaty of Amsterdam in May , the Committee of the Regions must be consulted in a large number of areas: It nonetheless stipulated that the number of its members could not exceed These members should either hold a regional or local authority electoral mandate or be politically accountable to an elected assembly.
The European Constitution, currently being ratified, provides for extending the term of office of the CoR members from four to five years. The Committee is made up of senior officials and its role is to coordinate the competent working groups in the field of police and judicial cooperation third pillar. Its mission is also to prepare the relevant work of the Permanent Representatives Committee.
The Employment Committee takes over the tasks hitherto carried out by the ELMC on promoting the coordination of national employment and labour market policies.
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The Committee's main task is to assist the Council in its work on the European Employment Strategy and its instruments Employment Guidelines, recommendations on the implementation of national employment policies, etc. The Committee also formulates opinions at the request of either the Council or the Commission or on its own initiative. It is made up of two representatives of each Member State and two representatives of the Commission. It consults the social partners at European level in order to carry out its work successfully. The European Economic and Social Committee was set up, as an advisory body, by the Treaty establishing the European Economic Community in to represent the interests of the various economic and social groups.
It consists of members falling into three categories: Members are appointed by qualified majority of the Council for four years and this term may be renewed. The EESC is consulted before a great many instruments concerning the internal market, education, consumer protection, environment, regional development and social affairs are adopted. It may also issue opinions on its own initiative.
Since the entry into force of the Treaty of Amsterdam May , the EESC has to be consulted on an even wider range of issues the new employment policy, the new social affairs legislation, public health and equal opportunities and it may also be consulted by the European Parliament. The Treaty of Nice, which entered into force on , did not change the number and distribution by Member State of seats on the Committee.
However, eligibility for membership was clarified: The European Constitution, which is in the process of being ratified, envisages increasing the term of EESC members from four to five years. Under the codecision procedure between Council and Parliament, a Conciliation Committee may be set up as provided for in Article 4 of the Treaty establishing the European Community. It comprises members of the Council or their representatives and an equal number of representatives of Parliament and is co-chaired by the President of the Parliament and the President of the Council.
Any disagreement between the two institutions following the second reading of a proposal is referred to the Committee. The aim is to reach agreement on a text acceptable to both parties. The Commission also plays a part in the Conciliation Committee to help the European Parliament and the Council to resolve their differences. The draft of any joint text must then be adopted within six weeks extendable by two weeks by an absolute majority of the votes cast in Parliament and by a qualified majority in the Council.
Should one of the two institutions reject the proposal, it is deemed not to have been adopted. It is made up of the political directors of the Member States' foreign ministries. Under the responsibility of the Council, the Committee exercises political control and strategic direction of crisis management operations.
It may thus be authorised by the Council to take decisions on the practical management of a crisis. Following the entry into force of the Treaty of Amsterdam, establishment of the Committee was agreed in principle at the Helsinki European Council in December The Committee was originally temporary but became a standing body after the Nice European Council in December The committees, whose task it is to assist the Community institutions, are involved at all stages of the legislative process.
The Commission regularly consults committees of experts before drawing up a new proposal for legislation. These committees, which are made up of representatives of the milieux involved, private sector or national government experts, ensure that the Commission remains open to the concerns of those who will be affected by the legislation. There are about 60 advisory committees covering all sectors, though about half of them deal with agricultural issues. The Council is also assisted by committees and working parties which prepare its decisions.
The existence of certain committees is provided for in the treaties Article 36 Committee for justice and home affairs, for example , and others are ad hoc committees such as the Cultural Affairs Committee, which evaluates proposals on cultural cooperation, prepares the Council discussions and follows up action taken.
These committees are made up of representatives of the Member States plus one member of the Commission. In parallel, various working parties do the preparatory work for Coreper. While some of them are set up on a temporary basis to deal with a particular dossier, about a hundred groups cover a given sector and meet regularly. When a legislative text has been adopted, it lays down the general principles to be respected. More precise implementing measures may be necessary to apply these principles.
In this case, the text provides that a committee is to be set up within the Commission in order to take the appropriate decisions. These committees are made up of experts nominated by the Member States and chaired by the Commission, and are generally governed by rules established by the 28 June Council decision known as the 'Comitology Decision'.
There are about of them, in the fields of industry, social affairs, agriculture, the environment, the internal market, research and development, consumer protection and food safety. La Komitataj dokumentoj estas pli facile alireblaj de civitanoj, kaj estas registritaj en publikan registron. Dank'al la komputilizado de decidofaraj procezoj, la celo estas publikigi surrete la kompletajn tekstojn de nekonfidencaj dokumentoj senditaj al la Parlamento.
It has its own legal framework and can operate as a single entity throughout the EU. In , the Union formally adopted the regulation on the Statute for a European Company and the associated directive on employee participation in European Companies. This legislation entered into force in after some 30 years of discussion. It allows companies to cut administrative costs and provides them with a legal structure suitable for the common market, avoiding the legal and practical constraints arising from 25 different legal systems.
The SE must have a minimum subscribed capital of euros and its registered office, specified in the statutes, must be at the same place as its real head office. The agreement on the SE is one of the priorities identified by the Financial Services Action Plan FSAP and is regarded as vital to the creation of a fully integrated market in financial services.
Article of the Treaty establishing the European Community EC Treaty provides a measure of flexibility with regard to the Community's areas of competence. It thus allows the Community's powers to be adjusted to the objectives laid down by the Treaty when the latter has not provided the powers of action necessary to attain them. Article of the EC Treaty thus cannot be used as a legal basis unless the following conditions are met: Moreover, it is for the Council of the European Union, acting unanimously on a proposal from the Commission and after consulting the European Parliament, to decide whether this Article should be used.
Article thus reflects awareness on the part of those who drafted the Treaty of Rome that the powers specifically conferred functional competence might not be adequate for the purpose of attaining the objectives expressly set by the Treaties themselves competence ratione materiae. It cannot in any circumstances be used as a basis for extending the areas of competence of the Community.
The distribution of powers between the European Union and its Member States makes a distinction between three different types of competence: The principles of subsidiarity and proportionality act as power regulators so as to ensure compliance with this distribution. The European Constitution, which is in the process of being ratified, clarifies the division of powers between the Union and the Member States.
Eventberichte
It applies the conventional typology of powers, or "competences", adding a list of areas which come under each type. It distinguishes between exclusive competence, shared competence and competence to take supporting, coordinating or complementary action. The European Community's external responsibilities are defined in accordance with whether they are conferred on the Community or on the Member States. Competence is described as "exclusive" where exercised entirely by the Community e. The distinction has been defined in Court of Justice case law and is based on the principle of implicit powers, whereby external competence derives from the existence of explicit internal competence.
The EC Treaty confers explicit powers in only two cases: The common foreign and security policy comes under the heading of the EU's external relations, which are governed by intergovernmental procedures second pillar , rather than under the external responsibilities of the European Community. To enable the Community to adapt to structural change in the world economy and reflect the wide responsibilities given to the World Trade Organisation, the Treaty of Amsterdam has amended Article of the EC Treaty to allow the Council, acting unanimously, to broaden the scope of the common commercial policy to cover international negotiations and agreements on services and intellectual property.
The Treaty of Nice has enabled decision-making through qualified majority to be introduced into these areas. Competence for agreements on the harmonisation of cultural, audiovisual, educational, social and health services will continue to be shared with the Member States.
The agreements are therefore subject to unanimity. The Ioannina compromise takes its name from an informal meeting of foreign ministers in the Greek city of Ioannina on 29 March Among the decisions taken at the meeting was a Council decision concerning the specific question of qualified majority voting in an enlarged member Community. The decision was later adjusted in the light of Norway's decision not to join. The resulting compromise lays down that if members of the Council representing between 23 votes the old blocking minority threshold and 26 votes the new threshold express their intention of opposing the taking of a decision by the Council by qualified majority, the Council will do all within its power, within a reasonable space of time, to reach a satisfactory solution that can be adopted by at least 68 votes out of Following the re-weighting of votes in the Council of Ministers, the Treaty of Nice puts an end to the Ioannina compromise.
The Luxembourg Compromise, signed on 30 January , provides that "Where, in the case of decisions which may be taken by majority vote on a proposal of the Commission, very important interests of one or more partners are at stake, the Members of the Council will endeavour, within a reasonable time, to reach solutions which can be adopted by all the Members of the Council while respecting their mutual interests and those of the Community".
It ended the crisis between France and its five Community partners and the European Commission, caused by the gradual transition from unanimous voting to qualified-majority voting as provided for in the Treaty of Rome with effect from The French Government, which gave precedence to the intergovernmental approach, expressed its disapproval by applying the "empty chair" policy, i. However, the Compromise, which is only a political declaration by Foreign Ministers and cannot amend the Treaty, did not prevent the Council from taking decisions in accordance with the Treaty establishing the European Community, which provided for a series of situations in which qualified-majority voting applied.
Moreover, qualified-majority voting has been gradually extended to many areas and has now become normal procedure, unanimity being the exception. The Luxembourg Compromise remains in force even though, in practice, it may simply be evoked without actually having the power to block the decision-making process. Communitisation means transferring a matter which, in the institutional framework of the Union, is dealt with using the intergovernmental method second and third pillars to the Community method first pillar.
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The Community method is based on the idea that the general interest of Union citizens is best defended when the Community institutions play their full role in the decision-making process, with due regard for the subsidiarity principle. Following the entry into force of the Treaty of Amsterdam May , questions relating to the free movement of persons, which used to come under cooperation on justice and home affairs third pillar , have been "communitised". After a five-year transitional phase, therefore, they will be dealt with under the Community method.
The European Constitution currently being ratified provides for the merger of the three existing pillars but retains certain specific procedures for the common foreign and security policy, including the defence policy. This will make it possible to communitise most of the matters currently handled by the intergovernmental method. It was established as the European Economic Community by the Treaty of Rome in , with the principal objective of creating a common market without internal borders.