Who's Who in the EU?

You can sometimes wonder who is the President of the EU. Is it Donald Tusk (as some of the media seem to think)? Jean-Claude Juncker? Antonio Tajani? or Joseph Muscat?

In fact there is no such official title. All the above though ARE Presidents within the EU institutions.

Donald Tusk is the President of the European Council. He presides over meetings of the European Council, which is made up of the heads of national Executives (so, Theresa May for the UK, Angela Merkel for Germany, the various Prime Ministers, and Presidents where they are the head of the Executive branch (François Hollande in France - but it can get complicated when there is 'cohabitation' with a President of the French Republic of one party and the Prime Minister represents the other party)). He will represent the EU abroad, as do the President of the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy. (Federica Mogherini). The President serves for a two and a half term year, which is renewable once. Tusk's first term ends on 31st May this year, but he was re-elected to a second (and final) term last month.

Jean-Claude Juncker is the President of the European Commission. (To complicate matters he was the previous President of the European Council). This is the Executive of the EU. He is is responsible for allocating portfolios to members of the Commission and can reshuffle or dismiss them if needed. They determine the Commission's policy agenda and all the legislative proposals it produces. The President of the Commission serves a five-year term after being nominated by the European Council and formally elected by the European Parliament.

Antonio Tajani is the President of the European Parliament. He has recently succeeded (17th January 2017) Martin Schultz.  His job is to preside over the debates and activities of the European Parliament, and to represent it before both within the EU and internationally. In a sense he is the loose equivalent of the Speaker of the House of Commons. The President of the European Parliament has a renewable term of two and a half years.

Joseph Muscat is the President of the Council of the European Union. This used to be known as  the 'Council of Ministers'. He is from Malta (and is their current Prime Minister) which is responsible for the functioning of the Council of the European Union for the period January to June 2017.  The presidency (held by the country, rather than the individual) changes every six months - but the previous, current and next presidency co-operate closely. They are referred to as the 'trios'.

There are other bodies within the EU system that have Presidents - such as the Court of Justice of the European Union (Koen Lenaerts); the European Court of Auditors (Klaus-Heiner Lehne); the European Central Bank (Mario Draghi) - amongst others.

How the EU ACTUALLY works

I've been a lecturer on EU Law for the last quarter of a century (I've also taught European Politics, been an assistant to a Member of the European Parliament,  and dealt with EU institutions as an assistant in the UK Parliament and in my own political work). There are a lot of misconceptions about what the EU does - and how it does it. It is that widespread lack of knowledge amongst British citizens that was the necessary foundation for the Brexit result. Much misinformation has been spread - and I'm glad to hear that Wikipedia has evaluated thre Daily Mail - and found it to be a wholly unreliable source.

So where does one go to find out accurate information?.

At an academic level - there are some excellent textbooks - these two are my personal favourites.






These can be expensive - and are, by nature, complex. There is a lot of FREE information available.

A free booklet from the European Parliament is well set out & VERY informative. It was produced in 2013, so information about the results of the 2014 election (which led to the current party makeup in the EP) are not included. It is available here.

There is a useful website at https://europa.eu/european-union/about-eu_en

Key knowledge about the EU involves

- membership (currently 28 members) - in the media the EU (and its institutions, especially the Court) is often confused with the European Convention on Human Rights. That is part of the Council of Europe - a wholly distinct organisation with almost double the number of members.

- the key institutions. Each have their own role - and personnel. The European Commission is the Executive. Despite false assertions in certain parts of the media - it is not an all-powerful body. It may propose legislation - but the Council of Ministers and European Parliament must pass that legislation. Its members are nominated by the (elected) governments of the member states. Before appointment the European Parliament holds hearings, and individual commissioners regularly appear the Parliament. The Council of Ministers is made of government ministers from each member state.  (When Heads of Government/State meet - it is called the European Council, and together the democratically elected leaders of the 28 states set the agenda for the EU). The European Parliament is directly elected every five years. The Court of Justice of the EU is responsible for upholding the legal rules of the EU (interpreting and applying EU Law - and providing legal review of the acts of the institutions).

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Politico, European Edition
Brexit

The Making of European Law

These links demonstrate the process that a legislative proposal goes through (under the ‘CoDecision Procedure’) on its way to becoming an EU Law. It is a current proposal – for a Directive.
 
Title: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the freezing and confiscation of proceeds of crime in the European Union

Legal Basis: TFUE/art 82 par 2, art 83 par 1 (All proposed legislation must show the legal authority in Primary Legislation for the proposed law) 

Explanatory Statement (which is from the European Parliament’s Report) 

The European Parliament has called on the Commission to propose new legislation on confiscation for a long time. By its own initiative report adopted in October 2011, the Parliament stressed in particular the need for rules on the effective use of extended and non- conviction based confiscation, rules allowing for the confiscation of assets transferred to third parties.  In addition, the Parliament encouraged the introduction of instruments in national legal systems which, under criminal, civil or fiscal law, as appropriate, mitigate the burden of proof concerning the origin of assets held by a person accused of an offence related to organised crime.
 
The proposal for a Directive on the freezing and confiscation of proceeds of crime in the European Union was adopted by the European Commission on 12 March 2012. This Directive lays down the minimum rules for Member States with respect to freezing and confiscation of criminal assets through direct confiscation, value confiscation, extended confiscation, non- conviction based confiscation and third party confiscation.   The Rapporteur generally supports the Commission proposal. The adoption of those minimum rules will harmonise the Member States’ freezing and confiscation regimes facilitating mutual trust and effective cross-border cooperation. It will also constitute a step towards strengthening the mutual recognition of freezing and confiscation orders which is an important aspect of the fight against cross-border serious and organized crime in the EU.   With this report the Rapporteur intends to reinforce the provisions of non-conviction based confiscation and extended confiscation so as to make them more efficient in order to actually serve the purpose of preventing the use of proceeds of crime for committing future crimes or their reinvestment into licit activities.
   
Concerning the non-conviction based confiscation the Rapporteur notes that this system which was first used in the USA now appears to be more and more globally spread. Jurisdictions which have introduced non-conviction based confiscation legislation include: Italy, Ireland, United Kingdom, Albania, Bulgaria, Slovakia, Australia, South Africa, the Canadian provinces of Alberta and Ontario. At European level the existent systems of non- conviction based confiscation have been debated both in front of national Courts as well as the European Court of Human Rights and were considered compatible with national constitutional requirements and those of the European Court, provided that they are adopted by a judicial authority, with full respect of the rights of the defence and of bona fide third parties, and that they can be challenged before a court. These basic safeguards have also been included in the present Directive.
   
The provisions on extended confiscation were strengthened so that they provide for a single minimum standard which does not fall below the threshold set by Framework Decision 2005/212/JHA. 

The Original Proposal http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2012:0085:FIN:EN:PDF
p2-5  Context
p6  Consultations
p7-8  Impact assessment
p8-10  Legal Basis; Subsidiarity; Proportionality & Respect for Human Rights
p10-13  Commentary
p13-24  Text of Proposed Directive

The Decision making and consultation process (PreLex is a website which allows anyone to monitor the progress of all proposed legislation) http://ec.europa.eu/prelex/detail_dossier_real.cfm?CL=en&DosID=201408 

European Parliament Report – [From its Committee on Civil Liberties, Justice and Home Affairs] (sets out the proposed resolution for the Parliament to adopt – p5; and the amendments it proposes – with the original text next to it) http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+REPORT+A7- 2013-0178+0+DOC+PDF+V0//EN

How the EU Works

Useful guides to the EU Institutions can be found at

PARLIAMENT
(Video) http://www.youtube.com/watch?v=IpotSpz8t-w&feature=relmfu
http://www.europarl.europa.eu/aboutparliament/en/00b3f21266/At-your-service.html (use the tabs at the top to navigate)

COUNCIL OF MINISTERS

http://www.consilium.europa.eu/council?lang=en
http://www.consilium.europa.eu/toolbar/faq?lang=en

COMMISSION

http://ec.europa.eu/atwork/index_en.htm

COURT

http://europa.eu/about-eu/institutions-bodies/court-justice/index_en.htm

GENERAL
Fact Sheets about the EU: http://www.europarl.europa.eu/aboutparliament/en/displayFtu.html

How Decisions are Made
http://europa.eu/about-eu/basic-information/decision-making/procedures/index_en.htm
http://ec.europa.eu/archives/snapshot_2010/index_en.htm

New Inter-Institutional Agreement

It is reported that last week agreement was reached on a new Inter-Institutional Agreement within the European Union. These agreements set out the powers and procedures of the institutions concerned. The one negotiated last week deals with the powers of the European Parliament - now that the Lisbon Treaty is in force. It governs relations between the Parliament and the European Commission for the 2010-2015 period. The IIA is due to be voted upon on 9th February.

You can read the EurActiv report here.