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This section contains definitions of widely used terms in EU policy.
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Acquis
This is the collection of Treaties, legislation and European Court rulings that make up the legal identity of the European Community.
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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.
Charter of Fundamental Rights
Following the 50th anniversary of the Universal Declaration of Human Rights in December 1998, the Cologne European Council (3 and 4 June 1999) decided to begin work on drafting a charter of fundamental rights. The aim was that the fundamental rights applicable at Union level should be consolidated in a single document to raise awareness of them. The Charter is based on the Community Treaties, international conventions such as the 1950 European Convention on Human Rights and the 1989 European Social Charter, constitutional traditions common to the Member States and various European Parliament declarations. The Charter of Fundamental rights has been incorporated into the new EU Constitution.
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.
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.
Commission
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. It is also responsible for ensuring Member States apply European Law correctly and has the power to refer alleged breaches to the European Court of Justice. The Commission is composed of 25 Commissioners (one from each Member state) appointed by the Member States for a five-year term and headed by the President. They are supported by their cabinets and known collectively as 'the college'. The remainder of the Commission is made up of 'services' divided into 19 main Directorates-General, dealing with different policy areas.
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. Committees produce reports on legislative proposals within their remits, which will include amendments. These are then based on in plenary sessions of the Parliament.
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.
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. The Common Position is also sometimes known as 'political agreement'.
Conciliation Committee
Under the codecision procedure between Council and Parliament, a Conciliation Committee may be set up as provided for in Article 251(4) of the European Community Treaty. It comprises the members of the Council or their representatives and an equal number of representatives of the European Parliament. Any disagreement between the two institutions on the outcome of a codecision procedure is referred to the Committee. The aim is to reach agreement on a text acceptable to both sides. The Commission also assists the Conciliation Committee, encouraging the European Parliament and the Council to reach a joint text.
The draft of any joint text must then be adopted within six weeks by qualified majority in the Council and by an absolute majority of the members of Parliament. Should one of the two institutions reject the proposal, it is deemed not to have been adopted.
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.
Constitution
The constitution incorporates into one document all the existing EU treaties and protocols, including the Charter of Fundamental rights. The intention is to make these more accessible, transparent and coherent. The dangers it introduces include; a full time President of the European Council; more power to national Parliaments to ask for changes to legislative proposals; changes to the various systems in the Council; and from 2014, a smaller Commission. The text was agreed by Heads of State in 2004 and now has to be unified by each Member State before it can come into force.
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.
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). Meetings are 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.
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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).
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.
Directorate-General (DG):
The 23 DGs are the principal administrative agencies of the Commission. They carry out, or ensure that the Member States implement, EC policy and administer allocations from the budget to various policy areas. Each DG is responsible for a different policy area. They are similar in many ways to a Government Department or Ministry.
Double-banking:
Transposing a piece of European regulation which covers a specific area without removing existing national law covering the same area, thus creating a double layer of legislation
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Europa:
the name for the EU's internet portal.
European Community (EC):
The part of the EU which, for legal purposes, is the source of European legislation (the EU itself does not pass laws). Twenty-five countries - Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, the United Kingdom, Greece, Hungary, Ireland, Italy, , Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, and Sweden are members.
European Council:
The EU's highest decision-making body consisting of Heads from the Member States. It generally meets twice under each Presidency. All meetings are held in Brussels. It has overall responsibility for the general direction of EU policy.
European Court of Justice (ECJ)
The European Court of Justice is composed of an odd number of judges - 25 (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 directly elected assembly of the EC, with limited legislative and juridical competence, though this has been extended in successive treaty amendments. Its powers include the ability to veto the appointment of commissioners and the EU budgetIt has the right of scrutiny and supervision of EC executives, and participates in the legislative and budgetary processes. It is currently composed o 732 members (78 from the UK), elected every five years according to the real electoral rules of each member state.
European Union (EU):
An economic and political confederation of European nations, and other organisations (with the same member nations) that are also share a common foreign and security policy and co-operate on justice and home affairs. Twenty-five countries - Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, the United Kingdom, Greece, Hungary, Ireland, Italy, , Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, and Sweden are full members of the organisations of the EU.
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First pillar
See European Community.
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Gold-plating
This is when implementation goes beyond the minimum necessary to comply with an EU Directive, e.g. by extending the scope; substituting wider legal terms for those used in the directive; not taking full advantage of derogations within a directive to keep requirements to a minimum; providing sanctions or enforcement mechanisms in the legislation that go beyond the minimum needed; or implementing early. Neil Davidson QC, the Advocate General for Scotland, is leading a review of the UK's implementation of EU legislation. The review will report with recommendations to Government by the end of 2006.
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.
IGC (Inter Governmental Conference)
Inter-Governmental Conferences are required in order to change the EU treaties. Changes must be agreed unanimously by Member States at European Council level.
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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.
The Lisbon Agenda
In March 2000, the EU Heads of States and Governments agreed to make the EU 'the most competitive and dynamic knowledge-driven economy by 2010'. Although some progress was made on innovating Europe's economy, there is growing concern that the reform process is not going fast enough and that the ambitious targets will not be reached.
Industry believes that excessive costs and regulation stand in the way of getting Europe's competitiveness back on track, and UNICE has therefore called to 'Free Gulliver' by cutting red tape for businesses. For industry, the major focus must be on better regulation with compulsory business assessment for new legislative proposals.
Progress on the Lisbon economic reform agenda is reviewed annually at the European Council held in March.
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Member State
A country which is a member of the EU.
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Over-implementation
Introducing more requirements in UK legislation which implements a European Directive than are necessary to transpose the Directive into national law. This may cause unnecessary burdens for those affected by the legislation.
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Permanent Representations
The permanent offices in Brussels of each Member State - effectively the 'embassies'. They generally have four main functions:
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. The Presidency is held for a six month period (The UK will hold the Presidency from the 1st July 2005 until the 31st December 2005) - the constitution will replace this with a permanent Chair of the European Council and chairs for each of the other sectoral Councils (Article I-23).
Proportionality
The principle that the effects of a piece of legislation should be in proportion to the result it is intended to achieve.
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Qualified Majority Voting (QMV)
One of the three forms of voting in the Council. The QMV threshold is now 232 votes in favour, cast by a simple majority (13 countries) representing at least 62% of the total EU population. A blocking minority is 90 votes: The UK has 29 votes.
See also Unanimity.
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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...'.
Recitals do not have legal effect.
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.
Regulatory Impact Assessment (RIA):
A way of evaluating a policy before it is put in place that shows what the likely consequences will be, including the likely risks, benefits and costs associated with all of the possible options. As an integral part of the whole policy making process, an RIA can be a useful tool for creating better regulation.
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.
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Second pillar
Deals with Common Foreign and Security Policy in the European Communities.
Single Market / Internal Market
A group of countries (in this context, the EU) with few restrictions on the movement of goods, money and people between Member States.
Subsidiarity:
The EU principle that decisions should be taken at the lowest possible level.
Sun-setting:
The inclusion of a clause in a piece of legislation to say that the legislation should be reviewed or cease to operate after a set period of time.
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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 turning European Directives into national law. See also double-banking, over-implementation.
See also Implementation and Transposition Guidance [PDF 287KB, 34 pages].
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).
Treaty of Nice
the Treaty of Nice opened the way to the institutional reform needed for the forthcoming EU enlargement with the accession of candidate countries from eastern and southern Europe. The main changes it brings relate to limiting the size and composition of the Commission, extending qualified majority voting, a new weighting of votes within the Council and making the strengthened cooperation arrangements more flexible. In addition to discussions on these four key issues, other institutional questions were tackled: simplification of the treaties, the definition of powers, the integration of the Charter of Fundamental Rights and the role of the national parliaments. The Declaration on the Future of the Union, annexed to the Treaty, set out the next steps to be taken to deepen the institutional reforms and to make sure that the Treaty of Nice is just one stage in this process.
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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).