Darbas:
problem cannot be solved more efficiently by national, regional or local action. This principle of dealing with things at the lowest possible level is called the ‘subsidiarity6 principle’.________________________________________________________________________________
Enforce1 – versti, spausti, primesti
Initiative2 – iniciatyva, pradinis
Aware3 – žinantis, informuotas, suprantantis
Advisory4 – patariamasis, konsultacinis
Seek5 – ieškoti, stengtis, siekti
Subsidiarity6 – pagalbinis, šalutinis, papildomas
If, however, the Commission concludes that EU legislation is needed, then it drafts a proposal that it believes will deal with the problem effectively and satisfy the widest possible range of interests. To get the technical details right the Commission consults experts, via its various committees and groups.
2. Implementing EU policies and the budget
As the European Union's executive body, the Commission is responsible for managing and implementing the EU budget. Most of the actual spending is done by national and local authorities, but the Commission is responsible for supervising it – under the watchful eye of the Court of Auditors. Both institutions aim to ensure good financial management. Only if it satisfied with the Court of Auditors' annual report does the European Parliament grant the Commission discharge for implementing the budget.
The Commission also has to manage the policies adopted by Parliament and the Council, such as the Common Agricultural Policy. Another example is competition policy, where the Commission has the power to authorise or prohibit1 mergers between companies. The Commission also has to make sure that EU countries do not subsidise their industries in such a way as to distort competition.
Examples of EU programmes managed by the Commission range from the ‘Interreg’ and ‘Urban’ programmes (creating cross-border partnerships between regions and helping regenerate declining urban areas) to the ‘Erasmus’ programme of Europe-wide student exchanges.
3. Enforcing European law
The Commission acts as ‘guardian of the Treaties’. This means that the Commission, together with the Court of Justice, is responsible for making sure EU law is properly applied in all the member states.
If it finds that an EU country is not applying an EU law, and therefore not meeting its legal obligations, the Commission takes steps to put the situation right.
First it launches2 a process called the ‘infringement3 procedure’. This involves sending the government an official letter, saying why the Commission considers this country is infringing EU law and setting it a deadline for sending the Commission a detailed reply.
If this procedure fails to put things right, the Commission must then refer the matter to the Court of Justice, which has the power to impose penalties4. The Court’s judgments are binding5 on the member states and the EU institutions.
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Prohibit1 – uždrausti, sutrukdyti
Launch2 – paleisti, pradėti, ryžtingai imtis
Infringement3 – pažeidimas, sulaužymas
Penalty4 – bausmė, nuobauda, sankcija
Bind5 – surišti, pririšti, įrišti
4. Representing the EU on the international stage
The European Commission is an important mouthpiece for the European Union on the international stage. It enables the member states to speak ‘with one voice’ in international forums such as the World Trade Organisation.
The Commission also has the responsibility of negotiating international agreements on behalf of the EU. One example is the Cotonou Agreement, which sets out the terms of an important aid and trade partnership between the EU and developing countries in Africa, the Caribbean and the Pacific.
How is the Commission's work organised?
It is up to the Commission President to decide which commissioner will be responsible for which policy area, and to reshuffle these responsibilities (if necessary) during the Commission’s term of office.
The Commission meets once a week, usually on Wednesdays in Brussels. Each item on the agenda is presented by the commissioner responsible for that policy area, and the whole team then takes a collective decision on it.
The Commission’s staff is organised in departments, known as ‘Directorates-General’ (DGs) and ‘services’ (such as the Legal Service). Each DG is responsible for a particular policy area and is headed by a Director-General who is answerable to one of the commissioners. Overall coordination is provided by the Secretariat-General, which also manages the weekly Commission meetings. It is headed by the Secretary-General, who is answerable directly to the President.
It is the DGs that actually devise and draft legislative proposals, but these proposals become official only when ‘adopted’ by the Commission at its weekly meeting. The procedure is roughly as follows.
Suppose, for example, that the Commission sees a need for EU legislation to prevent pollution of Europe’s rivers. The Directorate-General for the Environment will draw up a proposal, based on extensive consultations with European industry and farmers, with environment ministries in the member states and with environmental organisations. The draft will also be discussed with other Commission departments and checked by the Legal Service and the Secretariat-General.
Once the proposal is fully ready, it will be put on the agenda of the next Commission meeting. If at least 13 of the 25 commissioners approve the proposal, the Commission will ‘adopt’ it and it will have the whole team’s unconditional support. The document will then be sent to Council and the European Parliament for their consideration.
Limiting the size of the Commission
A Commission with too many members will not work properly. There is at present one commissioner from each EU country. When Bulgaria and Romania join the European Union it will have 27 member states. At that point, the Council - by a unanimous decision - will fix the maximum number of commissioners. There must be fewer than 27 of them, and their nationality will be determined by a system of rotation that is absolutely fair to all countries.
The Court of Justice of the European Communities (often referred to simply as ‘the Court’) was set up under the ECSC Treaty in 1952. It is based in Luxembourg.
Its job is to make sure that EU legislation is interpreted and applied in the same way in all EU countries, so that the law is equal for everyone. It ensures, for example, that national courts do not give different rulings on the same issue.
The Court also makes sure that EU member states and institutions do what the law requires. The Court has the power to settle legal disputes between EU member states, EU institutions, businesses and individuals.
The Court is composed of one judge per member state, so that all 25 of the EU’s national legal systems are represented. For the sake1 of efficiency, however, the Court rarely2 sits as the full court. It usually sits as a ‘Grand Chamber’ of just 13 judges or in chambers of five or three judges.
The Court is assisted by eight ‘advocates-general’. Their role is to present reasoned opinions on the cases brought before the Court. They must do so publicly and impartially.
The judges and advocates-general are people whose impartiality is beyond doubt. They have the qualifications or competence needed for appointment to the highest judicial positions in their home countries. They are appointed to the Court of Justice by joint agreement between the governments of the EU member states. Each is appointed for a term of six years, which may be renewed.
To help the Court of Justice cope3 with the large number of cases brought before it, and to offer citizens better legal protection, a ‘Court of First Instance’ was created in 1989. This Court (which is attached to the Court of Justice) is responsible for giving rulings on certain kinds of case, particularly actions brought by private individuals, companies and some organisations, and cases relating to competition law.
The Court of Justice and the Court of First Instance each have a President, chosen by their fellow-judges to serve for a renewable term of three years. Vassilios Skouris, from Greece, was elected President of the Court of Justice in 2003. Bo Vesterdorf, from Denmark, is President of the Court of First Instance.
A new judicial body, the ‘European Civil Service Tribunal’, has been set up to adjudicate in disputes between the European Union and its civil service. This tribunal is composed of seven judges and is attached to the Court of First Instance.
What does the Court do?
The Court gives rulings on cases brought before it. The four most common types of case are:
1. references for a preliminary ruling;
2. actions for failure to fulfil an obligation;
3. actions for annulment;
4. actions for failure to act.
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Sake1 – dėl ko nors, kieno ko labui
Rarely2 – retai, nedažnai
Cope3 – susidoroti, susitvarkyti, susidurti
1. The preliminary ruling procedure
The national courts in each EU country are responsible for ensuring that EU law is properly applied in that country. But there is a risk that courts in different countries might interpret EU law in different ways.
To prevent this happening, there is a ‘preliminary ruling procedure’. This means that if a national court is in any doubt about the interpretation or validity1 of an EU law it may, and sometimes must, ask the Court of Justice for advice. This advice is given in the form of a ‘preliminary ruling’.
2. Proceedings for failure to fulfil2 an obligation3
The Commission can start these proceedings if it has reason to believe that a member state is failing to fulfil its obligations under EU law. These proceedings may also be started by another EU country.
In either case, the Court investigates the allegations4 and gives its judgment. The accused member state, if it is indeed found to be at fault, must set things right at once. If the Court finds that the member state has not complied with its judgment, it may impose a fine on that country.
3. Actions for annulment5
If any of the member states, the Council, the Commission or (under certain conditions) Parliament believes that a particular EU law is illegal they may ask the Court to annul it.
These ‘actions for annulment’ can also be used by private individuals who want the Court to cancel a particular law because it directly and adversely affects them as individuals.
If the Court finds that the law in question was not correctly adopted or is not correctly based on the Treaties, it may declare the law null and void.
4. Actions for failure to act
The Treaty requires the European




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