The Gazette 1972

EUROPEAN SECTION

E. E.C. Legislation

by J. G. FINNEGAN

In the great debate on accession to the E.E.C. with its

emphasis on the political and economic consequences of

joining, solicitors may not have considered how acces-

sion will affect them in their work. Over the next few

months a series of articles of which this is the first will

explain some of the implications for the solicitor. This

first article will describe briefly the institutions of the

E.E.G. And the form of the legislation which emanates

from them.

The four institutions

From July 1967 the institutions of the European Goal

and Steel Community, Euratom and the European

Economic Community merged and so all the powers

arising under the Treaties which set up the Communi-

ties are now exercised by four institutions : the Euro-

pean Parliament, the Council of Ministers, the Com-

mssion and the Court of Justice.

The European Parliament

This consists of delegates appointed by the Parlia-

ments of the member states from among their own

members. These delegates sit not in national sections

but in European-level political groups. While the powers

of Parliament are limited, it exercises control over the

Commission and the more important of the Commis-

sion's proposals go before it before they go to the

Council. It exercises its control by the following means :

(a) the written question—in 196-70 477 written

questions were put to the Commission;

(b) the oral question put in plenary session;

by the Commission is dismissed.

The Parliament meets six times a year for one week

at a time and between sessions its work is continued

by committees.

There are proposals to give the Parliament wider

budgetary powers and also whereby members will be

elected by direct universal suffrage.

The Council of Ministers

The Council consists of the representatives of the

Governments of member states, each Government send-

ing one of its Ministers. The principal representative is

usually the Foreign Minister but meetings are frequently

attended by Finance, Transport, Agriculture or other

Ministers when topics within their province are to be

considered Under the Rome Treaties any measure of

general application or of a certain level of importance

must be enacted by the Council of Ministers but with a

few exceptions the Council can only proceed upon pro-

posals by the Commission. It is thus the Commission

which initiates action : the matter then goes to the

Council and the Ministers will then examine it to see

how it will affect their national interest. The Council is

limited in that it can only deliberate on the proposal

before it and it can only act by a unanimous vote

where an amendment to that proposal is involved. If

its members propose to accept the proposal in toto a

majority is sufficient. In certain matters a simple major-

ity is sufficient but generally a "qualified majority" is

required. For the purpose of a qualified majority France,

Germany and Italy have four votes each; Belgium and

Netherlands two votes each and Luxembourg one vote.

Even where a qualified majority would suffice decisions

tend to be unanimous especially where a member con-

siders its essential interests at stake. In the enlarged

Community voting will be as follows : Germany, Italy,

France, U.K. ten votes; Belgium and Netherlands five

votes; Ireland, Denmark and Norway three votes; and

Luxembourg two votes.

The

Commission

If the Council can be likened to our domestic cabinet

then the Commission corresponds to the Civil Service :

it is the executive arm of the Communities. It has nine

members at the moment (this will increase to fourteen

with the accession of the new members) and there is at

least one Commissioner from each member state. The

functions of the Commission are as follows.

(1) To prepare proposals for decisions by the Council

of Ministers—it is the initiator of Community policy

and the exponent of Community interest. The Common

Market Treaty is an "outline treaty" sketching out in

general terms the policy lines to be pursued but leaving

the actual arrangements to be worked out and this

working out commences with a proposal from the

Commission.

(2) The exercise of rule making powers conferred by

the Treaty or the Council in connection with the com-

mon policies—mostly the common agricultural policy-

(3) The application of the Treaties' rules to parti-

cular cases, especially with regard to competition and

the common policies on agriculture and transport.

(4) The administration of Community funds.

(5) The administration of safeguard clauses in the

Treaties. In exceptional circumstances the Treaties' re-

quirements may be waived. The Commission only may

grant such waivers or "derogations" at the request of a

member state. The Commission has similar powers under

the enactments relating to the common policies.

(6) Most important of all the Commission has i*

"watchdog" function—to see that the provisions of the

Treaties and the decisions of the institutions are prop-

erly implemented. Where it concludes that there has

been an infringement either as a result of its own inves-

tigations or following complaints from a Government or

individual it will issue an opinion which must be com-

plied with; otherwise the matter is referred to the Court

Tustice whose judgment is binding.

Economic and Social Committee

The Council and Commission are assisted by a con-

sultative committee, the Economic and Social Com-

mittee, which is composed of representatives of various

sections of economic and social life. It must be consulted