The Cleveland-Marshall College of Law offers a European Union Law Resource Guide (latest update June 2009).
Here are my impressions:
The Guide is clear and simple enough not to intimidate the budding writer. The reader sees the central role of the general Europa portal and the legal portal Eur-Lex.
I wondered at the order of presentation of the various EU Treaties.
The Constitutional Treaty (2004) could have been mentioned in the past tense.
The Treaty of Lisbon: It would be natural to link to the consolidated version published in the Official Journal of the European Union 9.5.2008 C 115.
The EU Charter of Fundamental Rights becomes legally binding only if the Lisbon Treaty enters into force, but I would link to the latest version and the explanations, published OJEU 14.12.2007 C 303.
There are useful links to other research guides.
Ralf Grahn
Showing posts with label legal materials. Show all posts
Showing posts with label legal materials. Show all posts
Wednesday, 1 July 2009
Monday, 15 June 2009
European Union Legal Materials (Columbia Law School)
Students of politics, law or economics need guidance on how to access material about the European Union as soon as they have to write or present something on their own.
One of the guides on offer is the Columbia Law School’s Arthur W. Diamond Law Library Research Guide: European Union Legal Materials, written by Duncan Alford and updated by Karin Johnsrud (latest update 30 January 2008).
Here are a few comments based on a cursory reading of the Research Guide on the resources:
• Under Brief overview, the words and the acronym for the European Coal and Steel Community (ECSC) are presented in inverted order.
• The pillar structure has evolved, with justice and home affairs (JHA) migrating to the first (Community pillar), with the exception of police and judicial cooperation in criminal matters, which remain within the intergovernmental third pillar.
• Enlargement: There may be better definitions than mine, but since the big EU enlargement 2004 and 2007 I have tended to use the term Central Europe for the new member states (sometimes including historic ‘Mitteleuropa’ Germany and Austria), while leaving Eastern Europe for the countries between the EU and Russia. – But I am glad for comments and reasons.
• The enlargement process needs an update. Fresh information is available on the Commission’s website.
• Euro currency: There are now 16 Eurozone countries, with Slovakia the latest entrant. Sweden has no opt-out, but is de facto outside the Eurozone. I would recommend the web pages of the European Central Bank (ECB) for information to the general public (brochures etc.) and for serious information about the euro area.
• Constitution: The guide is in need of an update for the time since the ratification processes of the Constitutional Treaty petered out. This includes the 2007 intergovernmental conference, the December 2007 Treaty of Lisbon, the consolidated version of the Lisbon Treaty (May 2008) and the state of the ratification processes.
• European Council and Council: Although the European Council (heads of state and government) would formally become an EU institution through the Treaty of Lisbon, it would be natural to admit its leadership role and treat it in tandem with the Council of the European Union.
• European Parliament: The EP has 736 directly elected members under the modified Treaty of Nice, still in force. The latest elections were held on 4 to 7 June 2009. The EP has powers to amend (not only approve; co-decision) legislative proposals, and if the Treaty of Lisbon enters into force, these powers would increase.
• European Council: See above. Heads of state (in practice Presidents, since Kings or Queens are nominal heads of state) or government (Prime Ministers) currently meet four times each year, but extraordinary meetings can be convened.
• European Court of Justice: The Civil Service Tribunal could be mentioned for staff cases.
• Committee of the Regions, Economic and Social Committee: The current membership is 344.
• Treaties: The most convenient link would be to the Treaties web page of Eur-Lex, with the consolidated version (2006) of the current treaties, including an Annex with the modifications through the 2007 accession of Bulgaria and Romania; the consolidated version of the Treaty of Lisbon (May 2008) as well as a selection of earlier treaties and accession treaties. – Generally, the improved Eur-Lex portal could be underlined as the primary source for EU law.
• Pre-Lex and the legislative Observatory could have been highlighted more as primary tools for following legislative procedures.
• The Eur-Lex Preparatory acts and the new Directory of Community legislation in preparation are worth mentioning.
• MEPs: The number of MEPs is 736, but grows if the Lisbon Treaty enters into force.
• Languages: Irish (Gaelic) has been added.
***
Conclusions
I scanned the contents and tested some of the links on offer, without rigorous checking.
The Columbia Research Guide: European Union Legal Materials is still a useful tool for the budding researcher, but an update of the contents and the links would be in order.
Personally, I would structure the materials around the general Europa portal and the legal Eur-Lex portal (starting from the index page). [I did not look into the print resources, the library’s collections or the commercial databases.]
Ralf Grahn
One of the guides on offer is the Columbia Law School’s Arthur W. Diamond Law Library Research Guide: European Union Legal Materials, written by Duncan Alford and updated by Karin Johnsrud (latest update 30 January 2008).
Here are a few comments based on a cursory reading of the Research Guide on the resources:
• Under Brief overview, the words and the acronym for the European Coal and Steel Community (ECSC) are presented in inverted order.
• The pillar structure has evolved, with justice and home affairs (JHA) migrating to the first (Community pillar), with the exception of police and judicial cooperation in criminal matters, which remain within the intergovernmental third pillar.
• Enlargement: There may be better definitions than mine, but since the big EU enlargement 2004 and 2007 I have tended to use the term Central Europe for the new member states (sometimes including historic ‘Mitteleuropa’ Germany and Austria), while leaving Eastern Europe for the countries between the EU and Russia. – But I am glad for comments and reasons.
• The enlargement process needs an update. Fresh information is available on the Commission’s website.
• Euro currency: There are now 16 Eurozone countries, with Slovakia the latest entrant. Sweden has no opt-out, but is de facto outside the Eurozone. I would recommend the web pages of the European Central Bank (ECB) for information to the general public (brochures etc.) and for serious information about the euro area.
• Constitution: The guide is in need of an update for the time since the ratification processes of the Constitutional Treaty petered out. This includes the 2007 intergovernmental conference, the December 2007 Treaty of Lisbon, the consolidated version of the Lisbon Treaty (May 2008) and the state of the ratification processes.
• European Council and Council: Although the European Council (heads of state and government) would formally become an EU institution through the Treaty of Lisbon, it would be natural to admit its leadership role and treat it in tandem with the Council of the European Union.
• European Parliament: The EP has 736 directly elected members under the modified Treaty of Nice, still in force. The latest elections were held on 4 to 7 June 2009. The EP has powers to amend (not only approve; co-decision) legislative proposals, and if the Treaty of Lisbon enters into force, these powers would increase.
• European Council: See above. Heads of state (in practice Presidents, since Kings or Queens are nominal heads of state) or government (Prime Ministers) currently meet four times each year, but extraordinary meetings can be convened.
• European Court of Justice: The Civil Service Tribunal could be mentioned for staff cases.
• Committee of the Regions, Economic and Social Committee: The current membership is 344.
• Treaties: The most convenient link would be to the Treaties web page of Eur-Lex, with the consolidated version (2006) of the current treaties, including an Annex with the modifications through the 2007 accession of Bulgaria and Romania; the consolidated version of the Treaty of Lisbon (May 2008) as well as a selection of earlier treaties and accession treaties. – Generally, the improved Eur-Lex portal could be underlined as the primary source for EU law.
• Pre-Lex and the legislative Observatory could have been highlighted more as primary tools for following legislative procedures.
• The Eur-Lex Preparatory acts and the new Directory of Community legislation in preparation are worth mentioning.
• MEPs: The number of MEPs is 736, but grows if the Lisbon Treaty enters into force.
• Languages: Irish (Gaelic) has been added.
***
Conclusions
I scanned the contents and tested some of the links on offer, without rigorous checking.
The Columbia Research Guide: European Union Legal Materials is still a useful tool for the budding researcher, but an update of the contents and the links would be in order.
Personally, I would structure the materials around the general Europa portal and the legal Eur-Lex portal (starting from the index page). [I did not look into the print resources, the library’s collections or the commercial databases.]
Ralf Grahn
Thursday, 28 May 2009
Directory of European Community legislation in preparation
A new service of the European Union’s legal portal Eur-Lex is its Directory of European Community legislation in preparation.
(Although the European Union has practically replaced the term European Community except in legal documents, it is perhaps in order to refer to the “first pillar” EC in this context.)
The Directory is a helpful tool for those, who want to find the pending legislative proposals in any of twenty policy areas. It is then possible to narrow the search to a sub-area. Here is how Eur-Lex describes the tool and the main structure of the Directory:
Directory of Community legislation in preparation
You can print out the chapter of the Directory of Community legislation in preparation that you are interested in from the PDF files for each chapter. The larger chapters have been split into several PDF files.
• 01 General, financial and institutional matters (number of acts: 59)
• 02 Customs Union and free movement of goods (number of acts: 40)
• 03 Agriculture (number of acts: 110)
• 04 Fisheries (number of acts: 40)
• 05 Freedom of movement for workers and social policy (number of acts: 39)
• 06 Right of establishment and freedom to provide services (number of acts: 20)
• 07 Transport policy (number of acts: 91)
• 08 Competition policy (number of acts: 5)
• 09 Taxation (number of acts: 42)
• 10 Economic and monetary policy and free movement of capital (number of acts: 27)
• 11 External relations (number of acts: 412)
• 12 Energy (number of acts: 30)
• 13 Industrial policy and internal market (number of acts: 118)
• 14 Regional policy and coordination of structural instruments (number of acts: 17)
• 15 Environment, consumers and health protection (number of acts: 138)
• 16 Science, information, education and culture (number of acts: 24)
• 17 Law relating to undertakings (number of acts: 22)
• 18 Common Foreign and Security Policy (number of acts: 11)
• 19 Area of freedom, security and justice (number of acts: 114)
• 20 People's Europe (number of acts: 2)
Ralf Grahn
(Although the European Union has practically replaced the term European Community except in legal documents, it is perhaps in order to refer to the “first pillar” EC in this context.)
The Directory is a helpful tool for those, who want to find the pending legislative proposals in any of twenty policy areas. It is then possible to narrow the search to a sub-area. Here is how Eur-Lex describes the tool and the main structure of the Directory:
Directory of Community legislation in preparation
You can print out the chapter of the Directory of Community legislation in preparation that you are interested in from the PDF files for each chapter. The larger chapters have been split into several PDF files.
• 01 General, financial and institutional matters (number of acts: 59)
• 02 Customs Union and free movement of goods (number of acts: 40)
• 03 Agriculture (number of acts: 110)
• 04 Fisheries (number of acts: 40)
• 05 Freedom of movement for workers and social policy (number of acts: 39)
• 06 Right of establishment and freedom to provide services (number of acts: 20)
• 07 Transport policy (number of acts: 91)
• 08 Competition policy (number of acts: 5)
• 09 Taxation (number of acts: 42)
• 10 Economic and monetary policy and free movement of capital (number of acts: 27)
• 11 External relations (number of acts: 412)
• 12 Energy (number of acts: 30)
• 13 Industrial policy and internal market (number of acts: 118)
• 14 Regional policy and coordination of structural instruments (number of acts: 17)
• 15 Environment, consumers and health protection (number of acts: 138)
• 16 Science, information, education and culture (number of acts: 24)
• 17 Law relating to undertakings (number of acts: 22)
• 18 Common Foreign and Security Policy (number of acts: 11)
• 19 Area of freedom, security and justice (number of acts: 114)
• 20 People's Europe (number of acts: 2)
Ralf Grahn
Wednesday, 27 May 2009
Legislation on European Parliament (Eur-Lex)
About legal materials related to the European Union.
Just in time for the European Parliament elections, the European Union’s legislative portal Eur-Lex has published a new thematic file with legislative instruments, preparatory acts and other acts on the European Parliament.
The thematic files are potentially useful for those who are interested in a certain area, but here I would like to add a word of caution. I checked two documents to verify the quality:
1) First, the European Parliament’s Rules of Procedure. The primary reference is to the original edition published in the Official Journal in 2005, but even if you look for the later information, you would miss later and the latest amendments in force, those entering into force after the European elections and the ones lying in wait in case the Treaty of Lisbon enters into force.
2) With regard to the Act concerning the elections of the members of the European Parliament by direct universal suffrage, you almost have to know in advance that you need to find the consolidated version, if you want meaningful information.
***
Two suggestions: The thematic files could become even more user-friendly by checking possible amendments, recent or lying in wait, with the relevant services. It might be a good idea to refer directly to the consolidated versions of acts (if any); the researcher who needs the original acts can easily find them from there by going in the reverse direction.
Ralf Grahn
Just in time for the European Parliament elections, the European Union’s legislative portal Eur-Lex has published a new thematic file with legislative instruments, preparatory acts and other acts on the European Parliament.
The thematic files are potentially useful for those who are interested in a certain area, but here I would like to add a word of caution. I checked two documents to verify the quality:
1) First, the European Parliament’s Rules of Procedure. The primary reference is to the original edition published in the Official Journal in 2005, but even if you look for the later information, you would miss later and the latest amendments in force, those entering into force after the European elections and the ones lying in wait in case the Treaty of Lisbon enters into force.
2) With regard to the Act concerning the elections of the members of the European Parliament by direct universal suffrage, you almost have to know in advance that you need to find the consolidated version, if you want meaningful information.
***
Two suggestions: The thematic files could become even more user-friendly by checking possible amendments, recent or lying in wait, with the relevant services. It might be a good idea to refer directly to the consolidated versions of acts (if any); the researcher who needs the original acts can easily find them from there by going in the reverse direction.
Ralf Grahn
Wednesday, 29 April 2009
EU: Crime victims (new documents)
We add a few complementary references to Commission documents concerning the standing of crime victims and compensation to victims of crime, which we wrote about in an earlier blog post: EU: Victims of crime & compensation (8 April 2009).
***
Standing of crime victims
Press release
Commission adopts report on implementation of framework decision on the standing of victims in criminal proceedings (21 April 2009; IP/09/549)
The Commission has adopted the report on the implementation of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings. This report was drawn up in accordance with Article 18 of the Framework Decision.
Report
The documents – COM or SEC – can be found through the Eur-Lex web portal’s pages on preparatory acts.
Brussels, 20.4.2009
COM(2009) 166 final
REPORT FROM THE COMMISSION
pursuant to Article 18 of the Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings (2001/220/JHA)
[SEC(2009) 476]
Staff working document
Brussels, 20.4.2009
SEC(2009) 476
COMMISSION STAFF WORKING DOCUMENT Accompanying document to the COMMISSION'S REPORT based on article 18 of the Council Framework Decision of 15 March 2001 on standing of victims in criminal proceedings [COM(2009)166 final]
***
Compensation for crime victims
European Union makes it easier for crime victims to obtain compensation (21 April 2009¸IP//09/548)
The Commission has adopted the Report on the application of Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims, which aims to make it easier for victims to obtain compensation in cross-border situations. The report was produced in accordance with Article 19 of the Directive.
Summary on crime victims
Report on the implementation of the Directive on compensation to crime victims (21 April 2009; MEMO/09/159)
Directive 2004/80/EC
Summary for the attention of Vice-President J. Barrot
Report
Brussels, 20.4.2009
COM(2009) 170 final
REPORT FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the application of Council Directive 2004/80/EC relating to compensation to crime victims
[SEC(2009) 495]
Staff working document
Brussels, 20.4.2009
SEC (2009) 495
COMMISSION STAFF WORKING DOCUMENT
accompanying document
TO THE REPORT FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the application of Council Directive 2004/80/EC relating to compensation to crime victims
[COM (2009) 170 final]
Ralf Grahn
***
Standing of crime victims
Press release
Commission adopts report on implementation of framework decision on the standing of victims in criminal proceedings (21 April 2009; IP/09/549)
The Commission has adopted the report on the implementation of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings. This report was drawn up in accordance with Article 18 of the Framework Decision.
Report
The documents – COM or SEC – can be found through the Eur-Lex web portal’s pages on preparatory acts.
Brussels, 20.4.2009
COM(2009) 166 final
REPORT FROM THE COMMISSION
pursuant to Article 18 of the Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings (2001/220/JHA)
[SEC(2009) 476]
Staff working document
Brussels, 20.4.2009
SEC(2009) 476
COMMISSION STAFF WORKING DOCUMENT Accompanying document to the COMMISSION'S REPORT based on article 18 of the Council Framework Decision of 15 March 2001 on standing of victims in criminal proceedings [COM(2009)166 final]
***
Compensation for crime victims
European Union makes it easier for crime victims to obtain compensation (21 April 2009¸IP//09/548)
The Commission has adopted the Report on the application of Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims, which aims to make it easier for victims to obtain compensation in cross-border situations. The report was produced in accordance with Article 19 of the Directive.
Summary on crime victims
Report on the implementation of the Directive on compensation to crime victims (21 April 2009; MEMO/09/159)
Directive 2004/80/EC
Summary for the attention of Vice-President J. Barrot
Report
Brussels, 20.4.2009
COM(2009) 170 final
REPORT FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the application of Council Directive 2004/80/EC relating to compensation to crime victims
[SEC(2009) 495]
Staff working document
Brussels, 20.4.2009
SEC (2009) 495
COMMISSION STAFF WORKING DOCUMENT
accompanying document
TO THE REPORT FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the application of Council Directive 2004/80/EC relating to compensation to crime victims
[COM (2009) 170 final]
Ralf Grahn
Tuesday, 28 April 2009
European Union: Human rights legislation & thematic files
Eur-Lex, the legal portal to legislation of the European Union (European Community), has published a new thematic file on human rights, one of the founding values.
The aim of a thematic file is to present core legislation, preparatory acts and other acts in a certain area in a convenient form for users.
The following thematic files offering EU legal materials are available:
http://eur-lex.europa.eu/en/dossier/index.htm
• Human rights (23/04/2009)
• Possession of fire arms (26/03/2009)
• European health strategy (13/03/2009)
• European Union policy in the field of research and innovation (27/01/2009)
• The visual characteristics of the euro coins (29/01/2009)
• Endangered species (09/12/2008)
• Rules on alcohol consumption (18/11/2008)
• Prevention and recycling of waste (25/09/2008)
• Multilingualism in the EU (15/09/2008)
• Air safety (10/09/2008)
• Climate change (27/08/2008)
• European Neighbourhood Policy (25/08/2008)
• Air passenger rights in the European Union (19/08/2008)
• External relations EU - Turkey (18/08/2008)
• Immigration - Asylum (08/08/2008)
• Customs Tariff (31/07/2008)
• Avian influenza (30/07/2008)
• Fight against terrorism (16/07/2008)
• Personal Data Protection (10/07/2008)
• Campaign against smoking (08/07/2008)
• Recognition of diplomas and qualifications in the European Union (26/06/2008)
• Protection of children (26/05/2008)
• Travelling and disabilities (15/05/2008)
• Employment (24/04/2008)
• Protection of privacy (09/04/2008)
• Money laundering (27/03/2008)
• Freedom of expression (04/03/2008)
• Non-discrimination and equal opportunities for all in the EU (01/02/2008)
• Consumer protection (15/11/2007)
• Humanitarian aid (04/10/2007)
• Reducing greenhouse gas emissions (19/07/2007)
• The fight against corruption (16/05/2007)
• Value added tax (VAT) (29/11/2006)
• Cosmetic products (25/10/2006)
• Food safety (28/09/2006)
• Football (06/06/2006)
• Lisbon Strategy (17/05/2006)
• Security of energy supply (07/02/2006)
Ralf Grahn
The aim of a thematic file is to present core legislation, preparatory acts and other acts in a certain area in a convenient form for users.
The following thematic files offering EU legal materials are available:
http://eur-lex.europa.eu/en/dossier/index.htm
• Human rights (23/04/2009)
• Possession of fire arms (26/03/2009)
• European health strategy (13/03/2009)
• European Union policy in the field of research and innovation (27/01/2009)
• The visual characteristics of the euro coins (29/01/2009)
• Endangered species (09/12/2008)
• Rules on alcohol consumption (18/11/2008)
• Prevention and recycling of waste (25/09/2008)
• Multilingualism in the EU (15/09/2008)
• Air safety (10/09/2008)
• Climate change (27/08/2008)
• European Neighbourhood Policy (25/08/2008)
• Air passenger rights in the European Union (19/08/2008)
• External relations EU - Turkey (18/08/2008)
• Immigration - Asylum (08/08/2008)
• Customs Tariff (31/07/2008)
• Avian influenza (30/07/2008)
• Fight against terrorism (16/07/2008)
• Personal Data Protection (10/07/2008)
• Campaign against smoking (08/07/2008)
• Recognition of diplomas and qualifications in the European Union (26/06/2008)
• Protection of children (26/05/2008)
• Travelling and disabilities (15/05/2008)
• Employment (24/04/2008)
• Protection of privacy (09/04/2008)
• Money laundering (27/03/2008)
• Freedom of expression (04/03/2008)
• Non-discrimination and equal opportunities for all in the EU (01/02/2008)
• Consumer protection (15/11/2007)
• Humanitarian aid (04/10/2007)
• Reducing greenhouse gas emissions (19/07/2007)
• The fight against corruption (16/05/2007)
• Value added tax (VAT) (29/11/2006)
• Cosmetic products (25/10/2006)
• Food safety (28/09/2006)
• Football (06/06/2006)
• Lisbon Strategy (17/05/2006)
• Security of energy supply (07/02/2006)
Ralf Grahn
Wednesday, 8 October 2008
EU: Excessive government deficits IIa
Did the European Convention have anything to say about avoiding excessive government deficits, an important part of economic and monetary union (EMU), as elaborated in the Stability and Growth Pact?
***
Article III-76 of the draft Constitution, proposed by the European Convention, corresponds with Article 104 TEC, and it is located in Part III ‘The policies and functioning of the Union’, Title III ‘Internal policies and action’, Chapter II ‘Economic and monetary policy’, Section 1 ‘Economic policy’.
In the draft Treaty establishing a Constitution for Europe, the ‘monster’ clause on excessive government deficits (Article III-76) is found in OJ 18.7.2003 C 169/41─42:
Article III-76 Draft Constitution
1. Member States shall avoid excessive government deficits.
2. The Commission shall monitor the development of the budgetary situation and of the stock of government debt in the Member States in order to identify gross errors. In particular it shall examine compliance with budgetary discipline on the basis of the following two criteria:
(a) whether the ratio of the planned or actual government deficit to gross domestic product exceeds a reference value, unless:
(i) either the ratio has declined substantially and continuously and reached a level that comes close to the reference value;
(ii) or, alternatively, the excess over the reference value is only exceptional and temporary and the ratio remains close to the reference value;
(b) whether the ratio of government debt to gross domestic product exceeds a reference value, unless the ratio is diminishing sufficiently and approaching the reference value at a satisfactory pace.
The reference values are specified in the Protocol on the excessive deficit procedure.
3. If a Member State does not fulfil the requirements under one or both of these criteria, the Commission shall prepare a report. The report of the Commission shall also take into
account whether the government deficit exceeds government investment expenditure and take into account all other relevant factors, including the medium-term economic and budgetary position of the Member State.
The Commission may also prepare a report if, notwithstanding the fulfilment of the requirements under the criteria, it is of the opinion that there is a risk of an excessive deficit in a Member State.
4. The Economic and Financial Committee shall formulate an opinion on the report of the Commission.
5. If the Commission considers that an excessive deficit in a Member State exists or may occur, it shall address an opinion to the Member State concerned.
6. The Council of Ministers shall, on a proposal from the Commission, having considered any observations which the Member State concerned may wish to make and after an overall assessment, decide whether an excessive deficit exists. In that case it shall adopt, according to the same procedures, recommendations addressed to the Member State concerned with a view to bringing that situation to an end within a given period. Subject to paragraph 8, those recommendations shall not be made public.
Within the scope of this paragraph, the Council of Ministers shall act without taking into account the vote of the representative of the Member State concerned, and a qualified majority shall be defined as the majority of the votes of the other Member States, representing at least three fifths of their population.
7. The Council of Ministers, on a recommendation from the Commission, shall adopt the European decisions and recommendations referred to in paragraphs 8 to 11. It shall act without taking into account the vote of the representative of the Member State concerned, and a qualified majority shall be defined as the majority of the other Member States, representing at least three fifths of their population.
8. Where it establishes that there has been no effective action in response to its recommendations within the period laid down, the Council of Ministers may make its recommendations public.
9. If a Member State persists in failing to put into practice the recommendations of the Council of Ministers, the Council of Ministers may adopt a European decision giving notice to the Member State to take, within a specified time-limit, steps for the deficit reduction which is judged necessary by the Council of Ministers in order to remedy the situation.
In such a case, the Council of Ministers may request the Member State concerned to submit reports in accordance with a specific timetable in order to examine the adjustment efforts of that Member State.
10. As long as a Member State fails to comply with a European decision adopted in accordance with paragraph 9, the Council of Ministers may decide to apply or, as the case may be, intensify one or more of the following measures:
(a) to require the Member State concerned to publish additional information, to be specified by the Council of Ministers, before issuing bonds and securities;
(b) to invite the European Investment Bank to reconsider its lending policy towards the Member State concerned;
(c) to require the Member State concerned to make a noninterest-bearing deposit of an appropriate size with the Union until the Council of Ministers considers that the excessive deficit has been corrected;
(d) to impose fines of an appropriate size.
The President of the Council of Ministers shall inform the European Parliament of the measures adopted.
11. The Council of Ministers shall abrogate some or all of the measures referred to in paragraph 6 and paragraphs 8 to 10 if it considers the excessive deficit in the Member State concerned to have been corrected. If the Council of Ministers has previously made public recommendations, it shall state publicly, as soon as the decision under paragraph 8 has been abrogated, that there is no longer an excessive deficit in the Member State concerned.
12. The rights to bring actions provided for in Articles III-265 and III-266 may not be exercised within the framework of paragraphs 1 to 6 or paragraphs 8 and 9.
13. Further provisions relating to the implementation of the procedure described in this Article are set out in the Protocol on the excessive deficit procedure
A European law of the Council of Ministers shall lay down the appropriate measures to replace the said Protocol. The Council of Ministers shall act unanimously after consulting the European Parliament and the European Central Bank.
Subject to the other provisions of this paragraph, the Council of Ministers, on a proposal from the Commission, shall adopt European regulations or decisions laying down detailed rules and definitions for the application of the said Protocol. It shall act after consulting the European Parliament.
***
The next post is going to look at some legal materials concerning the European Convention proposal.
Ralf Grahn
***
Article III-76 of the draft Constitution, proposed by the European Convention, corresponds with Article 104 TEC, and it is located in Part III ‘The policies and functioning of the Union’, Title III ‘Internal policies and action’, Chapter II ‘Economic and monetary policy’, Section 1 ‘Economic policy’.
In the draft Treaty establishing a Constitution for Europe, the ‘monster’ clause on excessive government deficits (Article III-76) is found in OJ 18.7.2003 C 169/41─42:
Article III-76 Draft Constitution
1. Member States shall avoid excessive government deficits.
2. The Commission shall monitor the development of the budgetary situation and of the stock of government debt in the Member States in order to identify gross errors. In particular it shall examine compliance with budgetary discipline on the basis of the following two criteria:
(a) whether the ratio of the planned or actual government deficit to gross domestic product exceeds a reference value, unless:
(i) either the ratio has declined substantially and continuously and reached a level that comes close to the reference value;
(ii) or, alternatively, the excess over the reference value is only exceptional and temporary and the ratio remains close to the reference value;
(b) whether the ratio of government debt to gross domestic product exceeds a reference value, unless the ratio is diminishing sufficiently and approaching the reference value at a satisfactory pace.
The reference values are specified in the Protocol on the excessive deficit procedure.
3. If a Member State does not fulfil the requirements under one or both of these criteria, the Commission shall prepare a report. The report of the Commission shall also take into
account whether the government deficit exceeds government investment expenditure and take into account all other relevant factors, including the medium-term economic and budgetary position of the Member State.
The Commission may also prepare a report if, notwithstanding the fulfilment of the requirements under the criteria, it is of the opinion that there is a risk of an excessive deficit in a Member State.
4. The Economic and Financial Committee shall formulate an opinion on the report of the Commission.
5. If the Commission considers that an excessive deficit in a Member State exists or may occur, it shall address an opinion to the Member State concerned.
6. The Council of Ministers shall, on a proposal from the Commission, having considered any observations which the Member State concerned may wish to make and after an overall assessment, decide whether an excessive deficit exists. In that case it shall adopt, according to the same procedures, recommendations addressed to the Member State concerned with a view to bringing that situation to an end within a given period. Subject to paragraph 8, those recommendations shall not be made public.
Within the scope of this paragraph, the Council of Ministers shall act without taking into account the vote of the representative of the Member State concerned, and a qualified majority shall be defined as the majority of the votes of the other Member States, representing at least three fifths of their population.
7. The Council of Ministers, on a recommendation from the Commission, shall adopt the European decisions and recommendations referred to in paragraphs 8 to 11. It shall act without taking into account the vote of the representative of the Member State concerned, and a qualified majority shall be defined as the majority of the other Member States, representing at least three fifths of their population.
8. Where it establishes that there has been no effective action in response to its recommendations within the period laid down, the Council of Ministers may make its recommendations public.
9. If a Member State persists in failing to put into practice the recommendations of the Council of Ministers, the Council of Ministers may adopt a European decision giving notice to the Member State to take, within a specified time-limit, steps for the deficit reduction which is judged necessary by the Council of Ministers in order to remedy the situation.
In such a case, the Council of Ministers may request the Member State concerned to submit reports in accordance with a specific timetable in order to examine the adjustment efforts of that Member State.
10. As long as a Member State fails to comply with a European decision adopted in accordance with paragraph 9, the Council of Ministers may decide to apply or, as the case may be, intensify one or more of the following measures:
(a) to require the Member State concerned to publish additional information, to be specified by the Council of Ministers, before issuing bonds and securities;
(b) to invite the European Investment Bank to reconsider its lending policy towards the Member State concerned;
(c) to require the Member State concerned to make a noninterest-bearing deposit of an appropriate size with the Union until the Council of Ministers considers that the excessive deficit has been corrected;
(d) to impose fines of an appropriate size.
The President of the Council of Ministers shall inform the European Parliament of the measures adopted.
11. The Council of Ministers shall abrogate some or all of the measures referred to in paragraph 6 and paragraphs 8 to 10 if it considers the excessive deficit in the Member State concerned to have been corrected. If the Council of Ministers has previously made public recommendations, it shall state publicly, as soon as the decision under paragraph 8 has been abrogated, that there is no longer an excessive deficit in the Member State concerned.
12. The rights to bring actions provided for in Articles III-265 and III-266 may not be exercised within the framework of paragraphs 1 to 6 or paragraphs 8 and 9.
13. Further provisions relating to the implementation of the procedure described in this Article are set out in the Protocol on the excessive deficit procedure
A European law of the Council of Ministers shall lay down the appropriate measures to replace the said Protocol. The Council of Ministers shall act unanimously after consulting the European Parliament and the European Central Bank.
Subject to the other provisions of this paragraph, the Council of Ministers, on a proposal from the Commission, shall adopt European regulations or decisions laying down detailed rules and definitions for the application of the said Protocol. It shall act after consulting the European Parliament.
***
The next post is going to look at some legal materials concerning the European Convention proposal.
Ralf Grahn
Monday, 6 October 2008
EU: Excessive government deficits If
As an interlude, we complement our presentation of legal materials with some suggestions for further reading on economic and monetary union (EMU), including excessive government deficits.
***
Wikipedia
For the general reader, Wikipedia offers a very short introduction ‘Economic and Monetary Union of the European Union’, although the article mainly outlines monetary union (the single currency), not economic policy:
http://en.wikipedia.org/wiki/Economic_and_Monetary_Union_of_the_European_Union
***
Stability and Growth Pact
The Economic and Financial Affairs web pages of the European Commission offer a page ‘Stability and Growth Pact’ with links to relevant documents:
http://ec.europa.eu/economy_finance/other_pages/other_pages12638_en.htm
***
EMU legal and political texts
The joint publication by the Council Secretariat and the Commission ‘Economic and monetary union ─ Legal and political texts’ is called selective, but manages to compile more than enough for more casual readers on its 276 pages. The materials are still fresh, published in June 2007, and they offer “all you need” in one handy chunk, available in print form through OPCE’s EU Bookshop and as a free download at:
http://bookshop.europa.eu/eubookshop/FileCache/PUBPDF/QC7606262ENC/QC7606262ENC_002.pdf
***
Implementation requirements
The Commission’s ‘Specifications on the implementation of the Stability and Growth Pact and Guidelines on the format and content of Stability and Convergence Programmes’ presents a lot of factual information about the reporting and programme criteria:
http://ec.europa.eu/economy_finance/about/activities/sgp/codeofconduct_en.pdf
***
EMU at ten
The European Commission’s publication ‘EMU@10: successes and challenges after 10 years of Economic and Monetary Union’ looks at the history, the shortcomings and the challenges of EMU. The 342 page report proceeds to propose the Commission’s reform agenda. EMU@10 is available at:
http://ec.europa.eu/economy_finance/publications/publication12682_en.pdf
The report was accompanied by a Communication bearing the same name, COM(2008) 238 final:
http://ec.europa.eu/economy_finance/emu10/com2008_238en.pdf
***
Public finances in EMU
The European Commissions 314 page report ‘Public finances in EMU ─ 2008’ offers a wealth of information on the fiscal policies and effects both in the Eurozone (and the EU) as a whole and for each member state. The report shows how robust the public economies of the member states were before the financial sector meltdown:
http://ec.europa.eu/economy_finance/publications/publication12832_en.pdf
***
On the back of the report ‘Public finances in EMU ─ 2008’ the Commission published a Communication ‘The role of quality public finances in the EU governance framework’ COM(2008) 387 final, with suggestions for improvements:
http://ec.europa.eu/economy_finance/publications/publication12836_en.pdf
***
Convergence Report
Ten member states still outside the Eurozone are studied in ‘Convergence Report 2008’ on fulfilment of their obligations to achieve economic and monetary union. The Report consists of the Commission Communication COM(2008) 248 and a Technical Annex (224 pages in all).
These member states ‘with a derogation’ are Bulgaria, the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Romania, Slovakia and Sweden.
(Denmark and the United Kingdom have legal arrangements not to adopt the euro, and are not included in the report, whereas Sweden stays outside the Eurozone artificially.)
The Convergence Report 2008, which includes a recap of the convergence criteria, is available at:
http://ec.europa.eu/economy_finance/publications/publication12574_en.pdf
The different language versions of the Convergence Report 2008 can be accessed through the web pages of the European Central Bank, too; here is the English version:
http://www.ecb.eu/pub/pdf/conrep/cr200805en.pdf
***
Stability reports
The majority (15 ─ soon 16 ─ of 27) member states already having adopted the single currency file stability reports. The latest Council opinion is on the updated stability programme of Belgium: Council Opinion of 8 July 2008 on the updated stability programme of Belgium, 2007-2011 (OJ 19.7.2008 C 182/1) offers a picture of the procedures and assessments:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2008:182:0001:0005:EN:PDF
Ralf Grahn
***
Wikipedia
For the general reader, Wikipedia offers a very short introduction ‘Economic and Monetary Union of the European Union’, although the article mainly outlines monetary union (the single currency), not economic policy:
http://en.wikipedia.org/wiki/Economic_and_Monetary_Union_of_the_European_Union
***
Stability and Growth Pact
The Economic and Financial Affairs web pages of the European Commission offer a page ‘Stability and Growth Pact’ with links to relevant documents:
http://ec.europa.eu/economy_finance/other_pages/other_pages12638_en.htm
***
EMU legal and political texts
The joint publication by the Council Secretariat and the Commission ‘Economic and monetary union ─ Legal and political texts’ is called selective, but manages to compile more than enough for more casual readers on its 276 pages. The materials are still fresh, published in June 2007, and they offer “all you need” in one handy chunk, available in print form through OPCE’s EU Bookshop and as a free download at:
http://bookshop.europa.eu/eubookshop/FileCache/PUBPDF/QC7606262ENC/QC7606262ENC_002.pdf
***
Implementation requirements
The Commission’s ‘Specifications on the implementation of the Stability and Growth Pact and Guidelines on the format and content of Stability and Convergence Programmes’ presents a lot of factual information about the reporting and programme criteria:
http://ec.europa.eu/economy_finance/about/activities/sgp/codeofconduct_en.pdf
***
EMU at ten
The European Commission’s publication ‘EMU@10: successes and challenges after 10 years of Economic and Monetary Union’ looks at the history, the shortcomings and the challenges of EMU. The 342 page report proceeds to propose the Commission’s reform agenda. EMU@10 is available at:
http://ec.europa.eu/economy_finance/publications/publication12682_en.pdf
The report was accompanied by a Communication bearing the same name, COM(2008) 238 final:
http://ec.europa.eu/economy_finance/emu10/com2008_238en.pdf
***
Public finances in EMU
The European Commissions 314 page report ‘Public finances in EMU ─ 2008’ offers a wealth of information on the fiscal policies and effects both in the Eurozone (and the EU) as a whole and for each member state. The report shows how robust the public economies of the member states were before the financial sector meltdown:
http://ec.europa.eu/economy_finance/publications/publication12832_en.pdf
***
On the back of the report ‘Public finances in EMU ─ 2008’ the Commission published a Communication ‘The role of quality public finances in the EU governance framework’ COM(2008) 387 final, with suggestions for improvements:
http://ec.europa.eu/economy_finance/publications/publication12836_en.pdf
***
Convergence Report
Ten member states still outside the Eurozone are studied in ‘Convergence Report 2008’ on fulfilment of their obligations to achieve economic and monetary union. The Report consists of the Commission Communication COM(2008) 248 and a Technical Annex (224 pages in all).
These member states ‘with a derogation’ are Bulgaria, the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Romania, Slovakia and Sweden.
(Denmark and the United Kingdom have legal arrangements not to adopt the euro, and are not included in the report, whereas Sweden stays outside the Eurozone artificially.)
The Convergence Report 2008, which includes a recap of the convergence criteria, is available at:
http://ec.europa.eu/economy_finance/publications/publication12574_en.pdf
The different language versions of the Convergence Report 2008 can be accessed through the web pages of the European Central Bank, too; here is the English version:
http://www.ecb.eu/pub/pdf/conrep/cr200805en.pdf
***
Stability reports
The majority (15 ─ soon 16 ─ of 27) member states already having adopted the single currency file stability reports. The latest Council opinion is on the updated stability programme of Belgium: Council Opinion of 8 July 2008 on the updated stability programme of Belgium, 2007-2011 (OJ 19.7.2008 C 182/1) offers a picture of the procedures and assessments:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2008:182:0001:0005:EN:PDF
Ralf Grahn
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