Glossary of European Terms

Acquis

This is the collection of Treaties, legislation and European Court rulings that make up the legal identity of the European Community.

Cabinets of the European Commission

Each Commissioner has a private office, or cabinet of personal staff, the head of which is called the chef de cabinet. There are usually six cabinet members (the President’s being larger). Individual cabinet members play a significant role in policy formulation, and act as a filter between the Commissioner and the Commission’s permanent civil service. They have a wider role than private offices in Whitehall.

Codecision Procedure (Article 251/EC)

Introduced by the Treaty of Maastricht, this procedure has been modified by the Treaty of Amsterdam and now applies to most areas of Community legislation. It is a complex process – what follows is a simplified version to act as a guide only.

A proposal submitted to the European Parliament and Council for adoption is first examined by the Parliament (First Reading). Any amendments must be accepted by a simple majority of MEPs. These views are then considered by the Commission, which makes an amended proposal to take them into account. The Council modifies this text and adopts its Common Position, by either Qualified Majority Voting or unanimity depending on the circumstances.

The Common Position is transmitted to the Parliament (Second Reading) where any further amendments must be adopted by an absolute majority of MEPs. The Council again examines the resulting text and decides whether it accepts the Parliament’s amendments. If not, the Conciliation Committee is convened to seek a compromise.

See also the Consultation Procedure.

Commission of the European Communities (CEC)

The Commission is the guardian of the Treaties. It has the sole power to propose legislation based on the Treaties, and executes the decisions taken by the Council. The Commission is composed of twenty Commissioners (two each from the five larger Member States and one each from the others) appointed by the Member States for a five-year term and headed by the President. They are supported by their cabinets. A full meeting of Commissioners occurs weekly (usually on Wednesdays). The Commission services are further divided into 24 Directorates-General, which deal with specific policy areas plus a number of other functions (translation, interpretation, legal etc).

Committee (European Parliament)

Most of the legislative and policy work of the European Parliament is done in specialised committees of MEPs, similar to Select or Standing Committees in Westminster. It then goes to the plenary session for final agreement.

Committee of Permanent Representatives (COREPER)

Preparation of items for discussion in Council is usually undertaken by COREPER which consists of ambassadors (COREPER II) and deputy ambassadors (COREPERI) from Member States’ Permanent Representations in Brussels. Both COREPERs meet at least weekly (eg COREPER I generally meets on Wednesdays and Fridays) and usually instruct Working Groups to carry out preparatory work.
COREPER agendas are divided into (I) and (II) points, which correspond to ‘A’ and ‘B’ points on Council agendas.

Comitology

This is the name given to the system of committees set up by various pieces of Community legislation to assist the Commission in its implementation duties. Chaired by the Commission and made up of representatives of all Member States, they are also often used for initial consultations on proposed legislation.

Common Position

This is the name given to the first (and most significant) Council agreed text on a legislative proposal from the Commission. Most issues have been resolved by this stage, and all but (usually) minor details have been finalised.

See also the Codecision Procedure.

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Conclusions

These are one of two main methods the Council uses to signal a political commitment, without the need for binding legislation. They also have the advantage of not needing the Commission to propose them – generally the Presidency will do so. They are of two types: Council and Presidency conclusions, the latter produced on the authority of the Presidency only. The former are generally recognised as needing the agreement of all Member States (and usually of the Commission too). They are Council inventions and tools (ie do not appear in the Treaties), and are of slightly more force than the other method used – resolutions.

Consultation Procedure

The oldest of the main procedures for involving the European Parliament (EP) whereby the Council must wait for the EP’s opinion before adopting the legislation. This possibility for delay was in the early days the EP’s only weapon.

See also the Codecision Procedure.

Co-operation on Justice and Home Affairs

Also known as the third pillar, this is a mainly intergovernmental arrangement initially covering areas such as immigration, asylum and visa policies and police and judicial co-operation. The Treaty of Amsterdam has bought much of this into the first pillar. The third pillar is now restricted to police and judicial co-operation in criminal matters.

Council of Ministers of the European Union

This is the final decision making body of the Union for most matters. It meets in specialist formats attended by the relevant national ministers (eg Social Affairs, Environment and Internal Market Councils), chaired by the Presidency and also attended by the Commission (usually the relevant Commissioner). Working Groups and COREPER prepare its work. It is supported by the Council Secretariat.

Council Secretariat

This is the permanent staff at the Council, responsible for the organisation of meetings at all levels. It also provides the resident experts on precedents and procedures in the Council. It is divided up into Directorates-General.

Council Working Groups

As the name suggests, meetings of officials (from national capitals and/or Permanent Representations), chaired by the Presidency, where the bulk of negotiation of legislation takes place and the technical detail worked out before the dossier is passed up to COREPER and then the Council itself. The Commission also attends, usually at the level of Head of Unit.

Decisions (Article 249/EC)

Decisions are one of the three kinds of binding legislation the Community uses. Adopted by the European Parliament and Council (if the Codecision Procedure used), or by the Council alone, or by the Commission in certain circumstances, they are binding on those to whom they are addressed (be it Member States, companies or even individuals).

See also Regulations and Directives.

Directives (Article 249/EC)

Directives are one of the three kinds of binding legislation the Community uses. They are adopted by the European Parliament and Council (if the Codecision Procedure is used), or by the Council alone, or by the Commission in certain circumstances. They are addressed to the Member States and are binding on them as to their effect whilst leaving the choice of means of implementation to national administrations. This means that unlike most regulations and decisions, directives must be transposed into national law.

See also Regulations and Decisions.

Directly Applicable

Where a legal instrument applies in the Member States without having to be transposed into national law (regulations and certain articles of the Treaties, and some decisions). See below.

Directly Effective

A legal instrument that is not directly applicable can nevertheless produce direct effects for individuals, who can thereby rely on provisions of that instrument against the State and its emanations in advance of that instrument being transposed into national law. Certain conditions must be satisfied for direct effect to be available.

Directorate-General

This is the main division of the European civil service. The Commission’s services have 24, given Roman numerals (eg DGIV, DGXIII), the European Parliament’s have Arabic numerals (DG3, DG5) and the Council’s letters (DGC, DGJ).

European Community

There are actually three European Communities governed by separate Treaties from the 1950s: the European Community (EC, formerly the European Economic Community (EEC), the European Coal and Steel Community (ECSC) and the European Atomic Energy Community (EAEC or EURATOM). The Merger Treaty of 1965 merged the three in a single institutional structure. The Single European Act, the Treaty of Maastricht and the Treaty of Amsterdam also amended them. Together these three Communities form the first pillar of the European Union.

European Council

A summit of Heads of State or Government that has met regularly since the 1970s, and at least twice a year since 1986. Originally an informal gathering, the European Council was given formal recognition in the Single European Act of 1986. Charged by the Treaty of Maastricht with co-ordinating intergovernmental policy in the areas of common foreign and security policy and justice and home affairs, the European Council also retains its original function of stimulating and co-ordinating community activities. These meetings are sometimes referred to as European summits.

European Court of Justice (ECJ)

The European Court of Justice is composed of an odd number of judges – one from each Member State, plus one more if necessary (ie currently 15, but 13 before the accession of Austria, Finland and Sweden), appointed for periods of six years. It rules on questions relating to interpretation of the three Community Treaties, and the secondary legislation in direct actions and in cases referred to it by national courts. ECJ judgments form part of national law. It also has certain powers in relation to third pillar measures.

European Economic Area (EEA)

The European Economic Area in effect extends the single market to cover Iceland, Liechtenstein and Norway – subject to agreement they must follow the applicable EC legislation without having had a full say in its negotiation, in return for which they have full access to the Internal Market.

European Parliament (EP)

The European Parliament is composed of 626 members (87 from the UK), elected every five years according to the electoral rules of each Member State. Formerly largely a consultative body with some real budgetary powers and the right of approval of the entirety of the College of Commissioners, the Treaty of Maastricht has increased its potential control over the activities of the Commission, and has augmented its direct links with European citizens, a trend continued by the Treaty of Amsterdam. The Parliament meets regularly in Strasbourg and Brussels.

European Union

The European Union was created by the Treaty of Maastricht in 1992 (also called the Treaty on European Union, or TEU). It consists of three pillars – the Economy (ie the European Community), Common Foreign and Security Policy and, following changes by the Treaty of Amsterdam, Police and Judicial Co-operation in Criminal Matters. It also created the concept of European citizenship, extended many policy areas and introduced the Codecision Procedure for adopting legislation. The Members of the European Union are the same as the Member States of the three European Communities.

First pillar

See European Community.

Implementation

The application and enforcement of Community law within the Member States, once it has been transposed into national law where necessary.

See also Transposition.

Infractions

Where a Member State fails to comply with its obligations under the Treaty – for example, by not correctly transposing a directive (or not doing so on time), or by failing to implement it properly. Infraction cases are taken to the European Court of Justice by the Commission for trial if their Reasoned Opinion is not adequately answered.

Legal base (or basis)

The article of the European Community Treaty of Rome that gives the Community the right to act is often called the legal base. It also describes the voting procedure and type of legislative procedure (eg codecision) that should be used.

Member State

A country which is a member of the EU.

Permanent Representations

The permanent offices in Brussels of each Member State – effectively the ‘embassies’. They generally have four main functions:

• to participate in and service the negotiating machinery of the Council;
• to maintain contact with Community institutions and other Permanent Representations;
• to provide information and advice to their national authorities; and
• to deal with visitors representing special interests, particularly organisations interested in Community activities and business people.

The UK’s office is known as UKRep.

Presidency

This is in effect the chairmanship of the European Union. The Presidency chairs all Working Groups, COREPER and Council meetings and is important in setting the Union’s agenda and working towards an agreement.

Qualified Majority Voting (QMV)

One of the three forms of voting in the Council, a proposal requiring QMV to be adopted needs 62 votes from Member States in favour out of the total of 87 weighted votes. Votes are distributed according to an approximation of relative population, with the UK having 10 votes.

See also Unanimity.

Rapporteur

A member of a European Parliament Committee selected to draft the Committee’s report on a specific issue such as a legislative proposal. Their role is to research the background to the topic, bring forward their own ideas and combine them with a synthesis of the views of other Committee members. Once amended and adopted by the Committee, the rapporteur’s report becomes the main basis for discussion, amendment and adoption by the plenary. The influence of a good rapporteur on the final shape of a proposal can therefore be quite large.

Recital

The explanatory and/or declamatory clauses at the beginning of a piece of legislation. Also known as the ‘Whereases’ as most start with ‘Whereas...’.

Recommendations (Article 249/EC)

One of the two kinds of non-binding act cited in the European Community Treaty of Rome, these are without legal force but are negotiated and voted on according to the appropriate procedure (eg codecision etc). They can be adopted by the European Parliament and Council (if the Codecision Procedure is used), or by the Council alone, or by the Commission in certain circumstances. Though without legal force, they do have a political weight.

Regulations (Article 249/EC)

Regulations are one of the three kinds of binding legislation the Community uses. Adopted by the European Parliament and Council (if the Codecision Procedure used), or by the Council alone, or by the Commission in certain circumstances, they are directly applicable and binding on everyone, including Member State administrations.

See also Directives and Decisions.

Resolutions

These are one of two main methods the Council uses to signal a political commitment, without the need for binding legislation. They also have the advantage of not needing the Commission to propose them – generally the Presidency will do so. They are generally recognised as needing the agreement of all Member States (and usually of the Commission too). They are Council inventions and tools (ie do not appear in the Treaties), and are of slightly less force than the other method used – Conclusions.

Second pillar

Deals with Common Foreign and Security Policy in the European Communities.

Subsidiarity

The concept that action should only be taken by the Community if it cannot be done well enough or better at national level.

Third pillar

Created by the Treaty of Maastricht, this pillar describes the sections of that Treaty which provide for intergovernmental action in the field of security policy and co-operation. Following entry into force of the Amsterdam Treaty, the third pillar is now restricted to Police and Judicial Co-operation in Criminal Matters.

See also Co-operation on Justice and Home Affairs.

Transposition

The process of writing Community law into national legislation – needed for directives.

See also Implementation.

Treaty of Amsterdam

The Treaty of Amsterdam entered into force on 1 May 1999. It provides for important changes in the range of matters falling under EC competence – incorporation of the Schengen acquis, moving visas and asylum policy to the first pillar, employment chapter, incorporation of social protocol. It also brings about changes in the way that the Community goes about its business – extension of codecision and QMV, transparency etc.

Treaty of Maastricht

This Treaty amended each of the three existing Treaties (Treaty of Paris and Treaties of Rome) and outlined further activities which the Member States could undertake on an intergovernmental basis (the added pillars of Justice and Home Affairs, and Foreign and Security Policy).

Unanimity

One of the three forms of voting in the Council, a proposal requiring unanimity must have no Member State voting against (abstentions do not matter).