EU Policies Full Overview Competencies Legal Basis

8/7/2019 EU Policies Full Overview Competencies Legal Basis

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PrinciplesPrinciples

Legal basis: Treaty articles, milestone European Council Conclusions

History: Treaty / policy changes, evolution of policies, White Papers

Policy objectives: main (Treaty) objectives and current aims

Issues of the day: current affairs in each policy (eg. Internal Market:

Bolkestein directive on services)

Institutions: who does what and how, decision-making procedure,

voting rules; Community programs, actions, Agencies

Abbreviations in this presentation: CON = consultation procedure,

COD = codecision procedure, ASS = assent procedure, UNA =

unanimity, QMV = qualified majority, ECOSOC = Economic and Social

Committee must be consulted, CoR = Committee of Regions must be

consulted


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Agriculture and FisheriesAgriculture and Fisheries

Legal basis: Articles 32-38 of the EC Treaty (since Rome)

Objective: to increase agricultural productivity, to ensure a

fair standard of living and income for the agricultural

community, to stabilise markets, to assure supplies and to

ensure reasonable prices The CAP today: objective is to encourage competition and

counter protectionism, to reform the subsidies regime, to put

bigger emphasis on rural development, food quality and foodsafety, to diversify the countrys economy

Community bodies: lawmaking (Commission, Council: CON,

QMV), market regulation (Commission, Council)


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Internal MarketInternal Market

Legal basis: Articles 23-31, 39-60, and 94-97 of the EC Treaty

(since Rome and SEA)

Objective: to ensure the free flow of goods, capital, people,

and services within the Internal Market (IM), and to remove any

barriers thereto

Principles: mutual recognition and ban of discrimination

Community bodies: lawmaking (Commission, Council,Parliament: CON/COD, QMV/UNA, ECOSOC - exceptions),

oversight and enforcement (Commission),

counsel (Community Agencies)


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Basic legal notions of the Internal Market FreeBasic legal notions of the Internal Market Free

movement of goods (movement of goods (11))

Art 28/29: Prohibition of custom duties, duties and chargeshaving an equivalent effect, discriminatory taxation,

quantitative restrictions, measures having an equivalent effect

The Dassonville formula: All trading rules enacted by the

Member State which are capable of hindering directly

indirectly actually or potentially intra-Community trade.

The Cassis de Dijon formula and the notion of mutual

reconition: Once a product has been lawfully marketed, it can

be put on the market anywhere within the Community

except - Restrictions based on Art 30 of the EC Treaty,

mandatory requirements elaborated by the Court of Justice


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Basic legal notions of the Internal Market FreeBasic legal notions of the Internal Market Freemovement of goods (movement of goods (22))

Exceptions figuring in Article 30: public morality, public

policy or public security; the protection of health and life of

humans, animals or plants and of national treasures

possessing artistic, historic or archaeological value; or thatof industrial and commercial property

Mandatory requirements: a flexible system which allows

the Court of Justice to introduce new exceptions. E.g.:

Consumer protection, protection of the environment,

fairness of commercial transactions


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Basic legal notions of the Internal Market FreeBasic legal notions of the Internal Market Freemovement of workersmovement of workers

Art. 39: Abolition of any discrimination based on nationality

Regulation 1612/68

Exceptions figuring in Article 39:

public policy

public security public health public service


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Basic legal notions of the Internal Market Freedom ofBasic legal notions of the Internal Market Freedom ofproviding servicesproviding services

Art. 49: The residual freedom Basic elements:

limited in time remuneration cross-border character

Exceptions figuring in Art 55 of the EC Treaty: public policy public security

public health public service

Exceptions developed by the Court of Justice: imperative

requirements/objective justifications


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CompetitionCompetition

Legal basis: Arts 81-89, 94-97 of the EC Treaty and those

on the IM (since Rome and SEA)

Objective: to ensure undistorted competition within the IM

Prohibits all practices that may distort interstate commerce

(price-fixing; limiting or controling production, markets, technical

developments, or investments; sharing markets or sources of

supply; applying dissimilar conditions to trading partners to

place them at competitive disadvantege, etc.)

Prohibits state aid that may distort interstate commerce

Community bodies: lawmaking (Commission, Council,

Parliament: CON, QMV), oversight & enforcement (Commission)


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Economic and Monetary UnionEconomic and Monetary Union

Legal basis: Arts 98-124 of the EC Treaty (since Maastricht)

Objective: co-ordination of MSs economic policy

Single monetary policy for the eurozone; convergence

objectives for all the others (except the UK and Denmark)

Community bodies: lawmaking and oversight (Commission,

Council, Parliament), enforcement (Commission, Council),

monetary policy, foreign-exchange operations, hold and manageforeign reserves, promote smooth operation of payment system,

issuing notes and coins (ESCB)


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Cohesion policyCohesion policy

Legal basis: Arts 158-162 of the EC Treaty (since Rome,

SEA and Maastricht)

Objective: strengthening economic and social cohesion,

reducing regional disparities

European Regional Development Fund, European Social

Fund, CAP, CFP, Cohesion Funds, European Investment

Bank, ISPA, Sapard, Phare

Objective 1,2,3, Interreg III, Urban II, Leader +, Equal


Parliament: COD/ASS, QMV/UNA, ECOSOC, CoR),

oversight and enforcement (Commission)


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CustomsCustoms

Legal basis: Arts 23-31, 135 of the EC Treaty (since Rome)

Objective: single rate system,harmonisation and

automatisation of customs system, inspecting imports

Harmonised Community customs code

Community bodies: setting rates (Commission, Council, QMV),

passing the Community customs code (Commission, Council,

Parliament: COD, QMV)


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TaxationTaxation

Legal basis: Arts 90-93 of the EC Treaty and those on the IM

(since Rome and SEA) Objective: to ensure the smooth functioning of the IM

Harmonisation of minimum levels of VAT and excise duties,

fight against tax evasion and fraud, administrative co-operation

Some taxes are practically Community taxes, enriching the

EU budget


Parliament: CON, UNA, ECOSOC)


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External TradeExternal Trade

Legal basis: Arts 131-134 of the EC Treaty and those on

Customs (since Rome)

Objective: common trade policy with third countries,

harmonious development of intl trade, reducing intl trade

barriers

Common principles in subsidies regimes, in customs policy,

economic liberalisation, export policy and trade protection

Community bodies: external representation (Commission),

mandate and ratification (Council, Parliament: CON/AS,

QMV/UNA)


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Foreign and Security Policy, External RelationsForeign and Security Policy, External Relations

Legal basis: Arts 11-28 of the EC Treaty, Article 181 of TEU

(since SEA and Maastricht)

Objective: common but not single foreign policy on certain

issues: principles, guidelines, common strategies, common

actions, common positions

Community bodies: external representation (Commission,

Council Presidency and HR), decision-making (Commission,

Council: UNA), ratification of foreign treaties (Council,

Parliament: AS), oversight (Parliament)

Defense policy

PCAs, stabilisation agreements,


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Justice and Home Affairs 1.Justice and Home Affairs 1.

Legal basis: Arts 61-69 of the EC Treaty, Arts 6, 29-42 of the

TEU, the Charter of Fundamental Rights, those on CFSP,the Schengen Agreement and those on customs policy (since

SEA and Maastricht)

Objective: to build and area of Freedom, Security and Justice

The Tampere and Hague Programmes: to progressively build

a common immigration and asylum policy, to ensure citizenss

fundamental rights, to build a single visa regime, to harmonise

border controls; customs policy, to strengthen police and judicial

co-operation, relations with third countries


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Justice and Home Affairs 2.Justice and Home Affairs 2.

Community bodies: lawmaking

(Commission, Council, Parliament: COD/CON, QMV/UNA),oversight and enforcement

(Commission), oversight (European Monitoring Centre on

Racism and Xenophobia, soon to become Agence of

Fundamental Rights), intelligence sharing and co-operation(Council, Europol, Eurojust)


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Energy 1.Energy 1.

Legal basis: the articles on IM, competition, customs union,

taxation, Trans-European Networks (154-156), environmentand research, and those on external relations and CFSP

Objective: energy saving, security of supply, to lessen the

role of traditional hydrocarbon energy sources, protection of theenvironment, Internal Market in energy goods

Kyoto procotoll, directives on energy saving, strategic oil

reserves, energy research, rail policy, liberalisation of energy

markets, nuclear research

Community bodies: lawmaking (Comm., Council,

Parli.: CON/COD, QMV/UNA), oversight and enforcement

(Commission), research (Joint Research Centre)


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Transport 2.Transport 2.

- Community bodies: lawmaking (Commission, Council,

Parliament: COD/CON, QMV/UNA, ECOSOC, CoR),oversight and enforcement (Commission)


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Environment 1.Environment 1.

Legal basis: Arts 174-176, 94-97 of the EC Treaty, European

Council Conclusions 1998 Vienna and 2001 Gothenburg(since Rome, Maastricht and Amsterdam)

Objective: protection of the environment and of human health,

sensible use of natural resources, sustainable development;the principles of prevention and polluter pays

waste processing, noise reduction, water protection, anti-

pollution measures, environmental areas, climate change,

environmental and biodiversity


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Environment 2.Environment 2.


Parliament: COD/CON, QMV/UNA, ECOSOC, CoR),oversight and enforcement (Commission), researchand counsel

(European Enviromental Agency)

Community programs: LIFE, european environmental audit,Natura 2000,


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Consumer protectionConsumer protection

Legal basis: Arts 153, 94-97 of the EC Treaty and those on

public health, plus Paris Summit 1972 Conclusions (since Rome,SEA and Maastricht)

Objective: to protect the health, safety and economic interests

of consumers, to promote their right to information, educationand to organise themselves; consumer protection requiremens

must be taken into account in all Community policies


Parliament: COD, QMV, ECOSOC), oversight and enforcement

(Commission), counsel (European Extra-Judicial Network:

www.eejnet.org)


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Employment, social policy, anti-discrimination 1.Employment, social policy, anti-discrimination 1.

Legal basis: Arts 13, 125-130, 136-150 of the EC Treaty and

those on the IM (since Rome, SEA and Amsterdam)

Objective: to raise employment and working conditions,

to ensure a high level of social protection, to battle discrimination

To make labour more mobile, the market more flexible, social

systems more compatible, to regulate working time, to help

the aged stay employed,


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Employment, social policy, anti-discrimination 2.Employment, social policy, anti-discrimination 2.


Parliament: CON/COD, QMV/UNI, ECOSOC, CoR, EC),oversight and enforcement (Commission), researchand counsel

(European Monitoring Centre on Racism and

Xenophobia, soon to be Agency of Fundamental Rights,

European Foundation for the Improvement of Living and WorkingConditions, European Centre for the Development of Vocational

Training, European Agency for Safety and Health at Work)


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Enterprise and IndustryEnterprise and Industry

Legal basis: EC Treaty articles on the IM, competition,

taxation, customs union, external trade, research, employment,and cohesion, and Article 157 (since Rome)

Objective: to ensure competition, protect customers and the

environment, to strenghten SMES and the role of newtechnologies


Parliament: COD/CON, QMV/UNA), oversight and enforcement

(Commission), financial instruments (European Investment

Bank and the cohesion and structural funds)


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Public Health 1.Public Health 1.

Legal basis: Article 152 of the EC Treaty (since Amsterdam)

Objective: a high level of health protection in all EU policies, to

improve public health, preventing diseases, obviating sources of

danger to healt, to reduce drugs-related health damage, reearch

into causes

Disease prevention and controll, regulation of tobacco,

regulation of drugs, blood transfer and human organs,

food safety, policy co-ordination and conserted action,

research, education and information


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Information Society 1.Information Society 1.

Legal basis: EC Treaty articles on the IM, competition,

research and enterprise, arts 154-156 on TEN andEuropean Council conclusions Lisbon 2000 (since Rome and

SEA)

Objective: to spread new communication and informationtechnologies, make Europe the most dynamic knowledge-

based society by 2010

Aims to provide for a competition- and customer-friendly

market environment, and to weaken old state monopolies hold

on the market

I f i S i 2


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Information Society 2.Information Society 2.

e-Europe 2005: spread broadband Internet, third-generation

mobile phone technology, digital broadcasting, online publicservices, online public and education institutions


Parliament: COD/CON, QMV, ECOSOC, CoR),oversight and enforcement (Commission)

R h 1


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Research 1.Research 1.

Legal basis: Article 163-173 of the EC Treaty (since Rome and

SEA)

Objective: to strengthen the scientific and technological bases

of industry, to make it more competitive, to promote research

Promoting research and co-operation, using the full potential

of the IM (eg. researcher mobility), raising research expenditure

R h 2R h 2


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Research 2.Research 2.

Seven-year Research Framework Programme: biotechnologyand genetics, IT, nanotechnology (the science of the very small),

space policy, food safety and health, sustainable development,

economy and other social sciences, nuclear fission and fusion

research (ITER), Galileo

Community bodies: passing the Framework Programme

(Commission, Council, Parliament: CON, QMV, ECOSOC),

oversight (Commission), research (Joint Research Centre)

A di i l liA di i l li


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Audiovisual policyAudiovisual policy

Legal basis: EC Treaty articles on the IM and competition, andArticle 151 (since Rome)

Television Without Frontiers Directive, lexception culturelle,

Media plus programme


Parliament: COD/CON, QMV/UNA, ECOSOC, CoR),

oversight and enforcement (Commission), financial instruments

(European Investment Bank)

Ed ti d T i i 1Ed ti d T i i 1


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Education and Training 1.Education and Training 1.

Legal basis: Article 149-150 of the EC Treaty, European

Council Conclusions Lisbon 2000, Stockholm 2001 andBarcelona 2002 (since SEA)

Objective: to develop quality education and vocational training

Education: strengthen the European dimension, mobility,

co-operation among educational institutions, encourage distance

learning, mutual recognition of academic qualifications

Vocational training: facilitate access, adaptation to industrial

changes, stimulate co-operation, mutual recognition of

professional qualifications

Ed ti d T i i 2Ed ti d T i i 2


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Education and Training 2.Education and Training 2.

Community bodies: incentive measures (Comm., Council,

Parl.: COD, QMV, ECOSOC, CoR) and recommendations(Comm., Council: QMV), counsel (European Training

Foundation), CEDEFOP

Community instruments, programs, and standards: Erasmus,Socrates, Leonardo da Vinci, Tempus, Europass, European CV,

European credit transfer system, Youth for Europe

C ltC lt


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CultureCulture

Legal basis: Article 151 and 87(3)(d) of the EC Treaty (since

Maastricht)

Objective: the flowering of the cultures of Member States

and brining common heritage to the fore

Improvement of the knowledge and dissemination of the culture

and history of Europe, conservation, cultural exchanges, artistic

and literary creation

Community bodies: incentive measures (Comm., Coincil,Parl.: COD, UNA, CoR) and recommendations (Commission,

Council)

Community instruments and programmes: Culture 2000,

European Capital of Culture, European Month of Culture,

B d tB d t


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BudgetBudget

Article 268-280 of the EC Treaty

Objective: to finance Union policies

Community bodies: passing the annual and the multiannual

budget (Commission, Council, Parliament: BUDGET, AS),Oversight and auditing (Commission, Court of Auditors, Council,

Parliament)

E l tEnlargement


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EnlargementEnlargement

Legal basis: Article 49 of the EC Treaty and the conclusions

of the1993 Copenhagen European Council

Community bodies: oversight and avis (Commission),

negotiations and decisions (Intergovernmental Conference of

Member States, Council: UNA), oversight and assent(Parliament)

Community instruments and programmes: pre-accession funds

(ISPA, Phare, Sapard), association agreements,

T t tiTest question


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Test questionTest question

With regard to regional policy, Agenda 2000 does notaim to

do which of the following?

a) Improve the effectiveness of structural policy instruments.

b) Ensure that structural policy plays a continuing role in theUnions future enlargement.

c) Redirect cohesion spending from depressed regions to

urban regeneration.

d) Maintain the budget for economic and social cohesion.

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EU Policies Full Overview Competencies Legal Basis

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