Ronny Patz made some interesting observations about policy-oriented euroblogs. He mentioned and linked to a number of interesting blogs in different policy areas.
Patz mentioned the growth of economic blogging during the ongoing crisis, even if he did not name individual blogs.
There are now 888 blogs listed on Bloggingportal.eu, the multilingual aggregator of euroblogs.
In order to pick up the thread where Ronny Patz had left off, I went back through the last few days of blog posts and marked the blogs which dealt mainly with the economy and the eurozone.
The choice is subjective, and some general euroblogs (not mentioned) manage to produce more quantity and quality in a few different fields than many specialised blogs in one.
Some of the economics blog are penned by mainstream media journalists, while others are written by individual economists and people interested in economic policies or politics more broadly.
Even if economics blogs tend to publish more during office days, I was surprised to find 32 blogs dealing mainly with the economy and the eurozone, and which had published these last days.
Here are the ones I stumbled across (with no claim to accurateness):
M.G. in progress
Protesilaos Stavrou
Arend-Jan Boekestijn (in Dutch)
I on Europe
WSJ Emerging Europe
FT Alphaville
Reinhard Bütikofer MEP (in German)
Kantoos Economics (bilingual German & English)
Open Europe blog
Lost in EUrope (in German)
Guardian Comment is free Europe (all areas)
WSJ Real Time Brussels
Berni's View (bilingual English & German)
Karpfenteich (in German)
Beyond Brussels (daily digest)
Social Europe Journal
Yanis Varoufakis
IIEA blogoshere (a number of writers)
Euro area debt crisis
Telos politique économique (in French)
French Politics
EU Weekly (bilingual French & English)
Revolting Europe
FinancialGuy
FT Brussels blog
European Welfare States
€uro-thoughts
A Fistful of Euros
Eurdemocracy
Place du Luxembourg
Crooked Timber
Coulisses de Bruxelles (economic and political issues, in French)
Ralf Grahn
Showing posts with label policy. Show all posts
Showing posts with label policy. Show all posts
Sunday, 27 November 2011
Saturday, 4 July 2009
EU: Consumers in Europe 2009
The 2009 edition of the Eurostat publication Consumers in Europe is available at the EU Bookshop.
The abstract of the 382 page Consumers in Europe 2009 offers a view of the contents of this fourth edition, useful for businesses and policy makers:
The 2009 edition of Consumers in Europe presents a comprehensive set of data and related information concerning consumer markets and consumer protection issues within the European Union. The aim of the publication is to bring together the most relevant and useful information for the evaluation and development of consumer policy, not only as a tool for policy-makers, but also for those interested in end-markets and consumer affairs, such as representative organisations, public authorities, or suppliers of goods and services. Much of the data that has been used will feed into the consumer markets scoreboard which has been designed to monitor outcomes in the single market and to make European Union policy in this area more responsive to the expectations and concerns of consumers.
The publication starts with an overview of the single market from the consumer’s perspective, presenting a profi le of European consumers and the retail network, as well as issues relating to access and choice, before looking at key indicators for consumption and prices. The overview also presents information on consumer satisfaction, the quality and safety of goods and services, as well consumer representation and protection.
The remainder of the publication is devoted to 12 specific consumer markets (for example, food and non-alcoholic beverages, housing, transport, or recreation and culture); each chapter covers one top-level heading within the classification of individual consumption by purpose (COICOP), the main classification used to provide detailed data on consumer prices, price levels and consumption expenditure. The chapters are structured in a similar manner to the overview, in an attempt to present harmonised data and a range of key indicators that may be compared across the publication.
***
Consumer policy
The introduction on Consumer policy (from page 11) presents the Commission’s main objectives concerning consumers:
• to empower EU consumers so they make more informed choices and thus boost competition and competitiveness;
• to enhance EU consumers’ welfare in terms of price, choice, quality, diversity, affordability and safety;
• to protect consumers eff ectively from the serious risks and threats that they cannot tackle as individuals.
The publication then presents the principal aims of the EU Consumer Policy Strategy 2007-2013 (COM(2007) 99 final), as well as monitoring and consumer protection.
***
12 consumer markets
After an overview, a considerable part of the publication is devoted to 12 specific consumer markets:
• food and nonalcoholic beverages;
• alcoholic beverages and tobacco;
• clothing and footwear;
• housing, water, electricity, gas and other fuels;
• furnishings, household equipment and maintenance;
• health;
• transport;
• communications;
• recreation and culture;
• education; hotels,
• cafes and restaurants;
• miscellaneous goods and services)
Ralf Grahn
The abstract of the 382 page Consumers in Europe 2009 offers a view of the contents of this fourth edition, useful for businesses and policy makers:
The 2009 edition of Consumers in Europe presents a comprehensive set of data and related information concerning consumer markets and consumer protection issues within the European Union. The aim of the publication is to bring together the most relevant and useful information for the evaluation and development of consumer policy, not only as a tool for policy-makers, but also for those interested in end-markets and consumer affairs, such as representative organisations, public authorities, or suppliers of goods and services. Much of the data that has been used will feed into the consumer markets scoreboard which has been designed to monitor outcomes in the single market and to make European Union policy in this area more responsive to the expectations and concerns of consumers.
The publication starts with an overview of the single market from the consumer’s perspective, presenting a profi le of European consumers and the retail network, as well as issues relating to access and choice, before looking at key indicators for consumption and prices. The overview also presents information on consumer satisfaction, the quality and safety of goods and services, as well consumer representation and protection.
The remainder of the publication is devoted to 12 specific consumer markets (for example, food and non-alcoholic beverages, housing, transport, or recreation and culture); each chapter covers one top-level heading within the classification of individual consumption by purpose (COICOP), the main classification used to provide detailed data on consumer prices, price levels and consumption expenditure. The chapters are structured in a similar manner to the overview, in an attempt to present harmonised data and a range of key indicators that may be compared across the publication.
***
Consumer policy
The introduction on Consumer policy (from page 11) presents the Commission’s main objectives concerning consumers:
• to empower EU consumers so they make more informed choices and thus boost competition and competitiveness;
• to enhance EU consumers’ welfare in terms of price, choice, quality, diversity, affordability and safety;
• to protect consumers eff ectively from the serious risks and threats that they cannot tackle as individuals.
The publication then presents the principal aims of the EU Consumer Policy Strategy 2007-2013 (COM(2007) 99 final), as well as monitoring and consumer protection.
***
12 consumer markets
After an overview, a considerable part of the publication is devoted to 12 specific consumer markets:
• food and nonalcoholic beverages;
• alcoholic beverages and tobacco;
• clothing and footwear;
• housing, water, electricity, gas and other fuels;
• furnishings, household equipment and maintenance;
• health;
• transport;
• communications;
• recreation and culture;
• education; hotels,
• cafes and restaurants;
• miscellaneous goods and services)
Ralf Grahn
Wednesday, 28 January 2009
EU Law: Common commercial policy
With about a fifth of world exports and imports, the European Union is an international trade heavyweight. The framework for external trade is managed through the common commercial policy.
***
Current treaty
Article 131 of the Treaty establishing the European Community (TEC) presents the objectives of the common commercial policy.
The customs union between the member states was based on the Treaty of Rome (EEC Treaty) and gradually became a reality.
Against the background of a common customs tariff, the member states of the European Community (European Union) strive for:
· Harmonius development of world trade
· Abolition of restrictions on international trade
· Lowering of customs barriers
The idea behind the second paragraph is still valid, but since the establishment of the customs union the provision is obsolete.
Article 131 TEC is found in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/103:
TITLE IX
COMMON COMMERCIAL POLICY
Article 131 TEC
By establishing a customs union between themselves Member States aim to contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and the lowering of customs barriers.
The common commercial policy shall take into account the favourable effect which the abolition of customs duties between Member States may have on the increase in the competitive strength of undertakings in those States.
***
Original Lisbon Treaty
Article 2, point 112 of the original Lisbon Treaty (ToL) rearranged the Title on the common commercial policy, renumbered two and repealed two Articles (OJEU 17.12.2007 C 306/80):
TITLES WHICH ARE TO BE MOVED
112) Title IX ‘COMMON COMMERCIAL POLICY’ shall become Title II in Part Five on the Union's external action and Articles 131 and 133 shall become Articles 188 B and 188 C respectively. Article 131 shall be amended as set out below in point 157 and Article 133 shall be replaced by Article 188 C.
Articles 132 and 134 shall be repealed.
***
Article 2, point 156 ToL amended the wording of Article 131 TEC, the renumbered Article 188b (page 92):
157) An Article 188 B shall be inserted, with the wording of Article 131; it shall be amended as follows:
(a) the first paragraph shall be replaced by the following:
‘By establishing a customs union in accordance with Articles 23 to 27, the Union shall contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers.’;
(b) the second paragraph shall be deleted.
***
Consolidated Lisbon Treaty
The readable, consolidated Treaty of Lisbon, contains the renumbered Article 206 of the Treaty on the Functioning of the European Union (TFEU), OJEU 9.5.2008 C 115/139:
TITLE II
COMMON COMMERCIAL POLICY
Article 206 TFEU
(ex Article 131 TEC)
By establishing a customs union in accordance with Articles 28 to 32, the Union shall contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers.
***
The novelties are the reference to the Articles 28 to 32 on the customs union, mentioning restrictions on foreign direct investment and the addition of other barriers.
The Lisbon Treaty wording is practically the same as Article III-314 of the Constitutional Treaty.
***
EU competence
When the TFEU presents the rough areas of EU competence, the customs union and its more or less logic corollary, the common commercial policy, appear among the areas of exclusive competence. The second paragraph on international agreements is significant in the field of international trade:
Article 3 TFEU
1. The Union shall have exclusive competence in the following areas:
(a) customs union;
(b) the establishing of the competition rules necessary for the functioning of the internal market;
(c) monetary policy for the Member States whose currency is the euro;
(d) the conservation of marine biological resources under the common fisheries policy;
(e) common commercial policy.
2. The Union shall also have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or in so far as its conclusion may affect common rules or alter their scope.
***
Summaries of external trade legislation
The Commission’s Scadplus web page External trade offers links to information about various aspects of international trade:
http://europa.eu/scadplus/leg/en/s05020.htm
***
Commission activities
Activities and news are found on the web pages of the Commission’s Directorate-General External Trade:
http://ec.europa.eu/trade/
Ralf Grahn
***
Current treaty
Article 131 of the Treaty establishing the European Community (TEC) presents the objectives of the common commercial policy.
The customs union between the member states was based on the Treaty of Rome (EEC Treaty) and gradually became a reality.
Against the background of a common customs tariff, the member states of the European Community (European Union) strive for:
· Harmonius development of world trade
· Abolition of restrictions on international trade
· Lowering of customs barriers
The idea behind the second paragraph is still valid, but since the establishment of the customs union the provision is obsolete.
Article 131 TEC is found in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/103:
TITLE IX
COMMON COMMERCIAL POLICY
Article 131 TEC
By establishing a customs union between themselves Member States aim to contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and the lowering of customs barriers.
The common commercial policy shall take into account the favourable effect which the abolition of customs duties between Member States may have on the increase in the competitive strength of undertakings in those States.
***
Original Lisbon Treaty
Article 2, point 112 of the original Lisbon Treaty (ToL) rearranged the Title on the common commercial policy, renumbered two and repealed two Articles (OJEU 17.12.2007 C 306/80):
TITLES WHICH ARE TO BE MOVED
112) Title IX ‘COMMON COMMERCIAL POLICY’ shall become Title II in Part Five on the Union's external action and Articles 131 and 133 shall become Articles 188 B and 188 C respectively. Article 131 shall be amended as set out below in point 157 and Article 133 shall be replaced by Article 188 C.
Articles 132 and 134 shall be repealed.
***
Article 2, point 156 ToL amended the wording of Article 131 TEC, the renumbered Article 188b (page 92):
157) An Article 188 B shall be inserted, with the wording of Article 131; it shall be amended as follows:
(a) the first paragraph shall be replaced by the following:
‘By establishing a customs union in accordance with Articles 23 to 27, the Union shall contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers.’;
(b) the second paragraph shall be deleted.
***
Consolidated Lisbon Treaty
The readable, consolidated Treaty of Lisbon, contains the renumbered Article 206 of the Treaty on the Functioning of the European Union (TFEU), OJEU 9.5.2008 C 115/139:
TITLE II
COMMON COMMERCIAL POLICY
Article 206 TFEU
(ex Article 131 TEC)
By establishing a customs union in accordance with Articles 28 to 32, the Union shall contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers.
***
The novelties are the reference to the Articles 28 to 32 on the customs union, mentioning restrictions on foreign direct investment and the addition of other barriers.
The Lisbon Treaty wording is practically the same as Article III-314 of the Constitutional Treaty.
***
EU competence
When the TFEU presents the rough areas of EU competence, the customs union and its more or less logic corollary, the common commercial policy, appear among the areas of exclusive competence. The second paragraph on international agreements is significant in the field of international trade:
Article 3 TFEU
1. The Union shall have exclusive competence in the following areas:
(a) customs union;
(b) the establishing of the competition rules necessary for the functioning of the internal market;
(c) monetary policy for the Member States whose currency is the euro;
(d) the conservation of marine biological resources under the common fisheries policy;
(e) common commercial policy.
2. The Union shall also have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or in so far as its conclusion may affect common rules or alter their scope.
***
Summaries of external trade legislation
The Commission’s Scadplus web page External trade offers links to information about various aspects of international trade:
http://europa.eu/scadplus/leg/en/s05020.htm
***
Commission activities
Activities and news are found on the web pages of the Commission’s Directorate-General External Trade:
http://ec.europa.eu/trade/
Ralf Grahn
Thursday, 15 May 2008
EU resources: How to find them (Example: transport policies)
Do you need resources on EU policies or law? Are you in a hurry, but don’t know where to start?
Many find the European Union’s web pages hard to navigate. Therefore, I have tried to gather a few basic resources, without striving to include everything.
Here is a selective (or eclectic) list of gateways to EU economics, law and policies. We use transport policy as an example, but you can ‘mutatis mutandis’ use most of the materials in other policy fields.
***
What is the importance and impact of transport within the European Union?
EU energy and transport in figures, Statistical pocketbook 2007/2008, offers 216 pages of information about two crucial economic sectors:
http://ec.europa.eu/dgs/energy_transport/figures/pocketbook/doc/2007/2007_pocketbook_all_en.pdf
In another policy area, you might not be as lucky, but almost every area of human activity leaves a statistical footprint. For the European Union, your default option is to see what Eurostat has to offer:
http://epp.eurostat.ec.europa.eu/portal/page?_pageid=1090,30070682,1090_33076576&_dad=portal&_schema=PORTAL
***
What has happened since your course-book was finalised?
The Commission’s Activities of the European Union Transport web page, offers all-round links to EU transport matters:
http://europa.eu/pol/trans/index_en.htm
In the same way you can access every DG of the European Commission through the Europa portal:
http://europa.eu/
Look for ‘What the European Union does by subject’ on:
http://europa.eu/index_en.htm
***
The Commission’s Scadplus web pages, with summaries of legislation, present thematic starting points for different policy areas. Transport is found on:
http://europa.eu/scadplus/leg/en/s13000.htm
Correspondingly, you find the other areas of European Community (European Union) legislation through:
http://europa.eu/scadplus/scad_en.htm
***
What is going on in the European Union?
As always, the European Commission’s General Report on the Activities of the European Union 2007 offers a summary of the main developments in the various policy areas, except for the latest months after the beginning of 2008, with Transport on pages 76 to 83. The current report can be accessed through:
http://europa.eu/generalreport/en/welcome.htm
In this and in other cases, for those who understand a Nordic language, the government of Sweden offers an annual report of comparable scope and quality. The latest activity report is ‘Regeringens skirivelse 2007/2008:85 Berättelse om verksamheten I Europeiska union under 2007’, with transport treated on pages 163 to 180 (in ’Del 7 Transporter, elektroniska kommunikationer och energi’):
http://www.regeringen.se/content/1/c6/10/06/17/00a8fda3.pdf
Both the Commission’s Activity Report and the Swedish Annual Report work as well for other policy fields.
***
You missed the last days?
The latest press releases from the EU institutions are found on ‘What’s new on Europa’:
http://europa.eu/geninfo/whatsnew.htm
***
Foreign and security policy? European Council or Council?
If your interest concerns the common foreign and security policy (CFSP), including the common security and defence policy (CSDP), or the European Council or the different Council configurations, the Council web pages are for you:
http://www.consilium.europa.eu/showPage.ASP?lang=en
***
Naturally, there are lots of more EU web sites depending on your interests. Law librarians have compiled useful EU research guides, but for a ‘quick and dirty’ search a few minutes on the ‘Essential European Union Law Websites’ may be all you need. The Delegation of the European Commission to the USA has compiled the mini site map of European Union legal web pages:
http://www.eurunion.org/infores/BestLawSites.htm
***
Languages?
I have followed the English web pages, but the European Union has 23 treaty languages and official languages. This means that you can find the treaties, secondary legislation and proposals in these languages.
A huge amount of information material is produced in every official EU language, and there are often language options on the web page, once you have found what you are looking for.
Press releases and other non-binding materials are translated according to need and capacity, with the Commission’s working languages (English, French and German) well represented. The Council works almost equally in English and French (my feeling), and the primary internal language of the European Court of Justice is French. The European Parliament heroically translates most information material into every official language.
Still, knowing languages increases your options. The press release or document you are looking for may be released earlier in one language, but it may take a while before the other language versions appear.
***
Dear reader, I would be happy to read about your experiences navigating the European Union.
Ralf Grahn
Many find the European Union’s web pages hard to navigate. Therefore, I have tried to gather a few basic resources, without striving to include everything.
Here is a selective (or eclectic) list of gateways to EU economics, law and policies. We use transport policy as an example, but you can ‘mutatis mutandis’ use most of the materials in other policy fields.
***
What is the importance and impact of transport within the European Union?
EU energy and transport in figures, Statistical pocketbook 2007/2008, offers 216 pages of information about two crucial economic sectors:
http://ec.europa.eu/dgs/energy_transport/figures/pocketbook/doc/2007/2007_pocketbook_all_en.pdf
In another policy area, you might not be as lucky, but almost every area of human activity leaves a statistical footprint. For the European Union, your default option is to see what Eurostat has to offer:
http://epp.eurostat.ec.europa.eu/portal/page?_pageid=1090,30070682,1090_33076576&_dad=portal&_schema=PORTAL
***
What has happened since your course-book was finalised?
The Commission’s Activities of the European Union Transport web page, offers all-round links to EU transport matters:
http://europa.eu/pol/trans/index_en.htm
In the same way you can access every DG of the European Commission through the Europa portal:
http://europa.eu/
Look for ‘What the European Union does by subject’ on:
http://europa.eu/index_en.htm
***
The Commission’s Scadplus web pages, with summaries of legislation, present thematic starting points for different policy areas. Transport is found on:
http://europa.eu/scadplus/leg/en/s13000.htm
Correspondingly, you find the other areas of European Community (European Union) legislation through:
http://europa.eu/scadplus/scad_en.htm
***
What is going on in the European Union?
As always, the European Commission’s General Report on the Activities of the European Union 2007 offers a summary of the main developments in the various policy areas, except for the latest months after the beginning of 2008, with Transport on pages 76 to 83. The current report can be accessed through:
http://europa.eu/generalreport/en/welcome.htm
In this and in other cases, for those who understand a Nordic language, the government of Sweden offers an annual report of comparable scope and quality. The latest activity report is ‘Regeringens skirivelse 2007/2008:85 Berättelse om verksamheten I Europeiska union under 2007’, with transport treated on pages 163 to 180 (in ’Del 7 Transporter, elektroniska kommunikationer och energi’):
http://www.regeringen.se/content/1/c6/10/06/17/00a8fda3.pdf
Both the Commission’s Activity Report and the Swedish Annual Report work as well for other policy fields.
***
You missed the last days?
The latest press releases from the EU institutions are found on ‘What’s new on Europa’:
http://europa.eu/geninfo/whatsnew.htm
***
Foreign and security policy? European Council or Council?
If your interest concerns the common foreign and security policy (CFSP), including the common security and defence policy (CSDP), or the European Council or the different Council configurations, the Council web pages are for you:
http://www.consilium.europa.eu/showPage.ASP?lang=en
***
Naturally, there are lots of more EU web sites depending on your interests. Law librarians have compiled useful EU research guides, but for a ‘quick and dirty’ search a few minutes on the ‘Essential European Union Law Websites’ may be all you need. The Delegation of the European Commission to the USA has compiled the mini site map of European Union legal web pages:
http://www.eurunion.org/infores/BestLawSites.htm
***
Languages?
I have followed the English web pages, but the European Union has 23 treaty languages and official languages. This means that you can find the treaties, secondary legislation and proposals in these languages.
A huge amount of information material is produced in every official EU language, and there are often language options on the web page, once you have found what you are looking for.
Press releases and other non-binding materials are translated according to need and capacity, with the Commission’s working languages (English, French and German) well represented. The Council works almost equally in English and French (my feeling), and the primary internal language of the European Court of Justice is French. The European Parliament heroically translates most information material into every official language.
Still, knowing languages increases your options. The press release or document you are looking for may be released earlier in one language, but it may take a while before the other language versions appear.
***
Dear reader, I would be happy to read about your experiences navigating the European Union.
Ralf Grahn
Friday, 22 February 2008
EU TFEU: Consistency
Today we start to look at a new Title in the Treaty of Lisbon, with Provisions having general application, meaning that they apply across the Treaty on the Functioning of the European Union (TFEU).
Out of academic interest, we run a genetics test on a newborn provision.
***
In the Treaty of Lisbon (ToL) the Treaty establishing the European Community (TEC), under its new name, the Treaty on the Functioning of the European Union (TFEU), Part One of the treaty introduces a Title II Provisions having general application.
At the beginning of Title II, the intergovernmental conference (IGC 2007) inserted a new Article 2f into the Treaty of Lisbon, under (OJ 17.12.2007 C 306/47):
Article 2f TFEU (ToL), to be renumbered Article 7 TFEU
The Union shall ensure consistency between its policies and activities, taking all of its objectives
into account and in accordance with the principle of conferral of powers.
***
When we turn to the corresponding Article III-115 in the Treaty establishing a Constitution for Europe, we notice that it stands at the beginning of Part III The policies and functioning of the Union and its Title I Provisions of general application.
We have often looked at the similarities between corresponding Articles in the Lisbon Treaty, the Constitution and the draft Constitution, but here we have an opportunity to notice how much in common the different versions have structurally. Part III on the … functioning of the Union reminds us of the Treaty on the Functioning of the European Union.
And the Title level headings are almost identical between the Lisbon Treaty and the Constitution.
The likeness does not end there, as you see if you read Article III-115 of the Constitutional Treaty and notice only a small change of style (OJ 16.12.2004 C 310/55):
PART III
THE POLICIES AND FUNCTIONING OF THE UNION
TITLE I
PROVISIONS OF GENERAL APPLICATION
Article III-115
The Union shall ensure consistency between the policies and activities referred to in this Part, taking all of its objectives into account and in accordance with the principle of conferral of powers.
***
Next, our Time Machine takes us to the draft Treaty establishing a Constitution for Europe. We look at both the structure and the wording (OJ 18.7.2003 C 169/29):
PART III
THE POLICIES AND FUNCTIONING OF THE UNION
TITLE I
CLAUSES OF GENERAL APPLICATION
Article III-1
The Union shall ensure consistency between the different policies and activities referred to in this Part, taking all of the Union's objectives into account and in accordance with the principle of conferring of powers.
***
As you can see, there is not much between the three versions, and since the provision is new, it leads to the conclusion that after a few years of stagnation we might actually be allowed to benefit from the work of the European Convention.
***
The origins of Article 2f TFEU (ToL) have been attributed differently. The UK Foreign and Commonwealth Office (FCO) rounds up the widest circle of suspects, four different Articles:
“Draws on Articles 1 and 3 TEU, and Articles 5 and 7 TEC.”
The number of paternity candidates does not matter that much, although it is intriguing how a short Article like 2f TFEU can draw on such an extensive gene pool, but each of them gives us an opportunity to get acquainted with the TEU and TEC, the treaties in force. For the latest consolidated version of the current treaties we go to OJ 29.12.2006 C 321 E/1.
So, out of academic interest, let us see what Article 1 TEU has to offer:
Article 1 TEU
By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN
UNION, hereinafter called ‘the Union’.
This Treaty marks a new stage in the process of creating an ever closer union among the peoples
of Europe, in which decisions are taken as openly as possible and as closely as possible to the
citizen.
The Union shall be founded on the European Communities, supplemented by the policies and
forms of cooperation established by this Treaty. Its task shall be to organise, in a manner
demonstrating consistency and solidarity, relations between the Member States and between their
peoples.
***
Article 1 TEU at least gave us ‘policies’ and ’consistency’, and Article 3 TEU mentions ‘activies’ and ‘consistency’ (thrice):
Article 3 TEU
The Union shall be served by a single institutional framework which shall ensure the consistency
and the continuity of the activities carried out in order to attain its objectives while respecting and building upon the acquis communautaire.
The Union shall in particular ensure the consistency of its external activities as a whole in the
context of its external relations, security, economic and development policies. The Council and the Commission shall be responsible for ensuring such consistency and shall cooperate to this end. They shall ensure the implementation of these policies, each in accordance with its respective powers.
***
Article 5 TEC seems to contribute with ’powers conferred’ and ‘objectives’:
Article 5 TEC
The Community shall act within the limits of the powers conferred upon it by this Treaty and of
the objectives assigned to it therein.
In areas which do not fall within its exclusive competence, the Community shall take action, in
accordance with the principle of subsidiarity, only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community.
Any action by the Community shall not go beyond what is necessary to achieve the objectives of
this Treaty.
***
Beaming with pride, Article 7 TEC lays claim to the striking family resemblance with its ‘powers conferred’:
Article 7 TEC
1. The tasks entrusted to the Community shall be carried out by the following institutions:
— a EUROPEAN PARLIAMENT,
— a COUNCIL,
— a COMMISSION,
— a COURT OF JUSTICE,
— a COURT OF AUDITORS.
Each institution shall act within the limits of the powers conferred upon it by this Treaty.
2. The Council and the Commission shall be assisted by an Economic and Social Committee
and a Committee of the Regions acting in an advisory capacity.
***
We do not know if Article 2f TFEU is going to survive the perilous times of infant mortality that EU treaties are prone to before ratification, but we know that newborn has inherited a number of its noble traits from its elders.
Ralf Grahn
Source:
Foreign and Commonwealth Office: A comparative table of the current EC and EU Treaties as amended by the Treaty of Lisbon; Command Paper (Cm) 7311; 21 January 2008;
http://www.official-documents.gov.uk/document/cm73/7311/7311.asp
Out of academic interest, we run a genetics test on a newborn provision.
***
In the Treaty of Lisbon (ToL) the Treaty establishing the European Community (TEC), under its new name, the Treaty on the Functioning of the European Union (TFEU), Part One of the treaty introduces a Title II Provisions having general application.
At the beginning of Title II, the intergovernmental conference (IGC 2007) inserted a new Article 2f into the Treaty of Lisbon, under (OJ 17.12.2007 C 306/47):
Article 2f TFEU (ToL), to be renumbered Article 7 TFEU
The Union shall ensure consistency between its policies and activities, taking all of its objectives
into account and in accordance with the principle of conferral of powers.
***
When we turn to the corresponding Article III-115 in the Treaty establishing a Constitution for Europe, we notice that it stands at the beginning of Part III The policies and functioning of the Union and its Title I Provisions of general application.
We have often looked at the similarities between corresponding Articles in the Lisbon Treaty, the Constitution and the draft Constitution, but here we have an opportunity to notice how much in common the different versions have structurally. Part III on the … functioning of the Union reminds us of the Treaty on the Functioning of the European Union.
And the Title level headings are almost identical between the Lisbon Treaty and the Constitution.
The likeness does not end there, as you see if you read Article III-115 of the Constitutional Treaty and notice only a small change of style (OJ 16.12.2004 C 310/55):
PART III
THE POLICIES AND FUNCTIONING OF THE UNION
TITLE I
PROVISIONS OF GENERAL APPLICATION
Article III-115
The Union shall ensure consistency between the policies and activities referred to in this Part, taking all of its objectives into account and in accordance with the principle of conferral of powers.
***
Next, our Time Machine takes us to the draft Treaty establishing a Constitution for Europe. We look at both the structure and the wording (OJ 18.7.2003 C 169/29):
PART III
THE POLICIES AND FUNCTIONING OF THE UNION
TITLE I
CLAUSES OF GENERAL APPLICATION
Article III-1
The Union shall ensure consistency between the different policies and activities referred to in this Part, taking all of the Union's objectives into account and in accordance with the principle of conferring of powers.
***
As you can see, there is not much between the three versions, and since the provision is new, it leads to the conclusion that after a few years of stagnation we might actually be allowed to benefit from the work of the European Convention.
***
The origins of Article 2f TFEU (ToL) have been attributed differently. The UK Foreign and Commonwealth Office (FCO) rounds up the widest circle of suspects, four different Articles:
“Draws on Articles 1 and 3 TEU, and Articles 5 and 7 TEC.”
The number of paternity candidates does not matter that much, although it is intriguing how a short Article like 2f TFEU can draw on such an extensive gene pool, but each of them gives us an opportunity to get acquainted with the TEU and TEC, the treaties in force. For the latest consolidated version of the current treaties we go to OJ 29.12.2006 C 321 E/1.
So, out of academic interest, let us see what Article 1 TEU has to offer:
Article 1 TEU
By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN
UNION, hereinafter called ‘the Union’.
This Treaty marks a new stage in the process of creating an ever closer union among the peoples
of Europe, in which decisions are taken as openly as possible and as closely as possible to the
citizen.
The Union shall be founded on the European Communities, supplemented by the policies and
forms of cooperation established by this Treaty. Its task shall be to organise, in a manner
demonstrating consistency and solidarity, relations between the Member States and between their
peoples.
***
Article 1 TEU at least gave us ‘policies’ and ’consistency’, and Article 3 TEU mentions ‘activies’ and ‘consistency’ (thrice):
Article 3 TEU
The Union shall be served by a single institutional framework which shall ensure the consistency
and the continuity of the activities carried out in order to attain its objectives while respecting and building upon the acquis communautaire.
The Union shall in particular ensure the consistency of its external activities as a whole in the
context of its external relations, security, economic and development policies. The Council and the Commission shall be responsible for ensuring such consistency and shall cooperate to this end. They shall ensure the implementation of these policies, each in accordance with its respective powers.
***
Article 5 TEC seems to contribute with ’powers conferred’ and ‘objectives’:
Article 5 TEC
The Community shall act within the limits of the powers conferred upon it by this Treaty and of
the objectives assigned to it therein.
In areas which do not fall within its exclusive competence, the Community shall take action, in
accordance with the principle of subsidiarity, only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community.
Any action by the Community shall not go beyond what is necessary to achieve the objectives of
this Treaty.
***
Beaming with pride, Article 7 TEC lays claim to the striking family resemblance with its ‘powers conferred’:
Article 7 TEC
1. The tasks entrusted to the Community shall be carried out by the following institutions:
— a EUROPEAN PARLIAMENT,
— a COUNCIL,
— a COMMISSION,
— a COURT OF JUSTICE,
— a COURT OF AUDITORS.
Each institution shall act within the limits of the powers conferred upon it by this Treaty.
2. The Council and the Commission shall be assisted by an Economic and Social Committee
and a Committee of the Regions acting in an advisory capacity.
***
We do not know if Article 2f TFEU is going to survive the perilous times of infant mortality that EU treaties are prone to before ratification, but we know that newborn has inherited a number of its noble traits from its elders.
Ralf Grahn
Source:
Foreign and Commonwealth Office: A comparative table of the current EC and EU Treaties as amended by the Treaty of Lisbon; Command Paper (Cm) 7311; 21 January 2008;
http://www.official-documents.gov.uk/document/cm73/7311/7311.asp
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