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; (c) by vote of censure by a two-thirds majority where- 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* s "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 o r 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