Select Committee on Constitution Sixth Report


APPENDIX 2: GLOSSARY


Charter of Fundamental Rights: the Charter sets out the fundamental rights, freedoms and principles applicable at EU level and was first proclaimed by the Presidents of the Council, Parliament and Commission at the Nice European Council in December 2000. It is a political document, not a legally binding one.

Co-decision procedure: introduced by the Treaty of Maastricht and modified by the Treaty of Amsterdam, this procedure is set out in Article 251 of the EC Treaty and now applies to many areas of Community legislation. Under it, a Commission proposal can only become law if both the Council and EP agree it.

Commission: an EU institution comprising 27 Commissioners, one from each Member State. It has the tasks of ensuring the Treaties are correctly applied, of proposing new legislation to the Council and European Parliament for approval, and of exercising implementing powers conferred on it by the Council.

Competence: a term describing the powers conferred by the Member States on EU institutions under the EU Treaties to undertake specific action or propose legislation in a particular policy area.

Council of Ministers: this is the principal decision-making institution of the Union. It meets in a variety of configurations (e.g. the General Affairs and External Relations Council, the Economic and Financial Affairs Council) attended by the relevant national ministers and is chaired by the Presidency. Working Groups and COREPER prepare the Council's work. It is supported by the Council Secretariat.

Court of Justice: the Court of Justice, also known as the ECJ, is based in Luxembourg and comprises 27 judges (one from each Member State) assisted by eight Advocates-General. Its broad task is to ensure that the law is observed in the interpretation and application of the Treaty. It has jurisdiction in the first, or Community, Pillar, more limited jurisdiction in the third Pillar (police and judicial cooperation in criminal matters) and no jurisdiction in the second Pillar (CFSP). There is also a Court of First Instance (CFI) to deal with certain specified issues.

European Community: the present name for what was originally called the European Economic Community (EEC). The EEC was established by the Treaty of Rome but was renamed the European Community by the Treaty of Maastricht.

European Council: a meeting of Heads of state or government of the Member States, their Foreign Ministers and the President of the Commission. The European Council meets twice during each six-monthly Presidency in Brussels. Its meetings are sometimes referred to as European Summits. The European Council provides the EU with strategic direction and necessary impetus for its development. It operates by consensus and will normally agree "Conclusions" signalling the future course of EU action. It does not exercise legislative functions.

European Parliament (EP): the EP is currently composed of 785 members (MEPs—72 from the UK) directly elected every five years in each Member State by a system of proportional representation. See Table 3. Originally a consultative body, successive Treaties have increased the EP's role in scrutinising the activities of the Commission and Council and extended its legislative and budgetary powers through co-decision. The EP meets in plenary session in Strasbourg and, occasionally, in Brussels.

European Union: the European Union was created by the Treaty of Maastricht. It consists of three "Pillars". The First Pillar comprises the pre-existing European Communities (the European Community, Euratom and the ECSC) and covers largely, though not exclusively, economic business. The Second Pillar is the Common Foreign and Security Policy. The Third Pillar, after amendment by the Treaty of Amsterdam, covers certain police and judicial cooperation in criminal matters. Under the First, or Community, Pillar most legislation is proposed by the Commission and adopted as law by the Council and EP. Inter-governmental procedures apply under the Second and Third Pillars. Member States, as well as the Commission, have the right to propose policies or laws for approval by the Council.

EU Treaties: these refer principally to the Treaty establishing the European Community (TEC), and the Treaty on European Union (TEU or Treaty of Maastricht) and acts or treaties supplementing or amending them, notably the Single European Act, the Amsterdam Treaty and the Nice Treaty.

Member State: a country that is a member of the European Union.

MEP: Member of the European Parliament.

Passerelle: A Treaty provision enabling procedural requirements to be reduced, or other adjustments made, without formal Treaty revision. Literally "a bridge".

Pillars: there are three "Pillars". The first Pillar refers to the Community or EC Treaty (TEC). The second and third Pillars refer to the two areas of inter-governmental cooperation established by the Maastricht Treaty. These are the Common Foreign and Security Policy (CFSP) and Justice and Home Affairs (the latter amended by the Amsterdam Treaty to include only police and judicial cooperation in criminal matters).

Qualified majority voting (QMV): this is a voting mechanism in the Council under which a proposal can be adopted without every Member State agreeing to it. New QMV arrangements agreed in the Nice Treaty came into force on 1 November 2004. 255 votes are needed for a qualified majority out of a total of 345 weighted votes. The weighting of votes refers to the allocation of votes to each member state and roughly reflects population size. In addition, the votes in favour of a proposal have to be cast by a majority (or in some cases a two-thirds majority) of Member States, and at least 62 per cent of the Union's population.

Subsidiarity: the principle that action should only be taken by the Community or Union if, and in so far as, the objectives of the proposed action cannot be sufficiently achieved by the member states and can therefore be better achieved at European level.

TEC: the Treaty establishing the European Community as amended by subsequent Treaties up to and including the Treaty of Nice.

TEU: the Treaty on European Union, also known as the Maastricht Treaty, as amended by subsequent Treaties up to and including the Treaty of Nice.

Unanimity: a form of voting in the Council. A proposal requiring unanimity must have no Member State voting against (abstentions do not prevent the adoption of acts requiring unanimity).


 
previous page contents

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2008