Ironic twist in the EU

limklad · 18-02-2009 03:09PM #1

From June 2008 to December 2008, The Pro-EU French were avid defenders of the EU doing his best to bring about a closer integration of the EU during their French Presidency of the Council of the EU. The Czech's are often seen as Euro-Sceptics within the EU.

Now in first half of 2009, the Czech's are the holding the Presidency of the Council of the EU and Sarkozy have started Policies which will break EU Competition rules and Restart Protectionism after Decades of Hard Negotiations in removing the barriers of National Protectionism of Business within their borders. It is the Czech's are now defending the EU (LOL) and trying to bring the EU members together to deal with the Credit-Crisis/EU Economy at a EU Level.

It seem the French are now the Euro-Sceptics (bad boys of Europe) and the Czech's are the EU-Defenders (The Czech's are not in the Euro-Zone).

All it took was the Credit-Crunch and Bad Banking. What next? Germany leaving the Euro and UK to Join the Euro.

cat&mouse · 18-02-2009 07:51PM

SPIEGEL ONLINE INTERNATIONAL magazine on Google news two days ago
says GERMANY IS CONSIDERING PUTTING ON THE BRAKES ON EU POWER.
CONCERNS OVER THE VETOES ...ETC.

Scofflaw · 18-02-2009 08:05PM

limklad wrote: »

From June 2008 to December 2008, The Pro-EU French were avid defenders of the EU doing his best to bring about a closer integration of the EU during their French Presidency of the Council of the EU. The Czech's are often seen as Euro-Sceptics within the EU.

Now in first half of 2009, the Czech's are the holding the Presidency of the Council of the EU and Sarkozy have started Policies which will break EU Competition rules and Restart Protectionism after Decades of Hard Negotiations in removing the barriers of National Protectionism of Business within their borders. It is the Czech's are now defending the EU (LOL) and trying to bring the EU members together to deal with the Credit-Crisis/EU Economy at a EU Level.

It seem the French are now the Euro-Sceptics (bad boys of Europe) and the Czech's are the EU-Defenders (The Czech's are not in the Euro-Zone).

All it took was the Credit-Crunch and Bad Banking. What next? Germany leaving the Euro and UK to Join the Euro.

Yes - bizarre, isn't it? Almost as if the EU was run by the member states.

cordially,
Scofflaw

nesf · 19-02-2009 02:47AM

limklad wrote: »

What next? Germany leaving the Euro and UK to Join the Euro.

The UK is closer to joining than it has ever been from the looks of things. Not that I'd put money on it happening soon or anything.

limklad · 19-02-2009 06:27PM

nesf wrote: »

The UK is closer to joining than it has ever been from the looks of things. Not that I'd put money on it happening soon or anything.

It is only speculation in the European Commission at this point or else the Labour Party have set cat amongst the pigeons to test the waters.
http://news.bbc.co.uk/2/hi/uk_news/politics/7757830.stm
http://www.telegraph.co.uk/finance/financetopics/financialcrisis/3539475/Peter-Mandelson-facing-questions-about-claim-that-UK-will-join-euro.html

If they do Join the Euro, it will be before the next election. I do not believe Labour will get elected into government next time. The Tories are gaining momentum.
http://www.guardian.co.uk/politics/2009/jan/26/icm-poll

limklad · 19-02-2009 06:32PM

cat&mouse wrote: »

SPIEGEL ONLINE INTERNATIONAL magazine on Google news two days ago
says GERMANY IS CONSIDERING PUTTING ON THE BRAKES ON EU POWER.
CONCERNS OVER THE VETOES ...ETC.

Only the German Constitution Court is putting brakes on.

It's concern right now is that the Government could hand over more power to the EU without permission of the Bundestag (German Parliament) to make it legal the Courts will suggest that the Bundestag must be consulted and voted upon before handing more areas of governance to the EU. I expect The Lisbon Treaty to pass the German Court once this is put in place. The Germans Court showed up a flaw that the EU Politicians did not consider a possible problem with the Lisbon Treaty. I wonder what else crop up with the Lisbon Treaty the Politicians failed to tell us.

If Lisbon Treaty get passed I expect another EU Treaty to Fix another Set of issues that Lisbon Treaty put in place, so more reform of the EU is needed in 3-4 years Time, and adding in more EU Integration under the same excuses that Lisbon Treaty was needed for. The EU have a track record for finding faults on EU treaties as soon as they are implemented.

limklad · 19-02-2009 06:44PM

Scofflaw wrote: »

Yes - bizarre, isn't it? Almost as if the EU was run by the member states.

cordially,
Scofflaw

The EU is Run by European Commission. As they are the body that is responsible for proposing legislation, implementing decisions, upholding the EU treaties and the general day-to-day running of the Union.

It is the "EU member states Governments" that make decisions within the EU and set agenda for the European Commission without consultation of their National Parliaments.
That do not change under the Lisbon Treaty.

evercloserunion · 21-02-2009 05:21PM

What on earth are we all talking about. The Czechs aren't as Euro-enthusiastic as some of their neighbours, no doubt, but they aren't Eurosceptic. They just happen to have an absolute loon as a president (who is not even the functional leader of the country). The French are still not seen as the Eurosceptics of the EU, nor are the Czechs seen as its "defenders". Both are seen as members of the EU who have disagree in some areas.

evercloserunion · 21-02-2009 05:25PM

limklad wrote: »

The EU is Run by European Commission. As they are the body that is responsible for proposing legislation, implementing decisions, upholding the EU treaties and the general day-to-day running of the Union.

It is the "EU member states Governments" that make decisions within the EU and set agenda for the European Commission without consultation of their National Parliaments.
That do not change under the Lisbon Treaty.

The Commission does not run the EU. It can propose legislation but cannot adopt, ratify or interpret it. Adoption of interpretation is generally left to the Council and, increasingly (and even more so after Lisbon), the Parliament. Ratification is up to the national government or parliament. Interpretation is up to the national court or the ECJ.

Upholding the Treaties is the duty of every institution of the EU. The Commission technically has the right to take a member state to court for breach of the Treaties but it is the ECJ that decides whether the member state has actually done anything wrong.

Other than that, the Commission is pretty much the civil service of the EU.

limklad · 22-02-2009 03:01PM

evercloserunion wrote: »

The Commission does not run the EU. It can propose legislation but cannot adopt, ratify or interpret it. Adoption of interpretation is generally left to the Council and, increasingly (and even more so after Lisbon), the Parliament. Ratification is up to the national government or parliament. Interpretation is up to the national court or the ECJ.

Other than that, the Commission is pretty much the civil service of the EU.

Hence the one's who is running the EU. The Council of the EU and EU Council are part-timers of the EU as they show up every now and again have make decisions on policy and set agenda's of the EC. They set which direction in which the EU to run, but they do not run the EU.
As you already stated, the European Commission (who work Full Time and have executive powers) are the ones who set the legislation, implement legislation, supervision and enforce that legislation.
The EU Parliament (Full-time body) can only pass/reject/amend Legislation. As much as they like to think they do, they do not run the EU.

Each EU institution have their own individual functions to perform, they too do not run the EU.

Only European Commission have the broadest function that Runs the EU as a whole. They keep the wheels of the EU running by introducing Legislation for EU Law, apply EU law, Supervising for adherence to EU Law, including referring others to the ECJ who are in breach of EU Law.

It is the European Commission that keeps the wheels running within the EU. They are the Go-between the EU Parliament and the Council of the EU.
Council of the EU and EU parliament do not proposes a legislative text, they can only amended it. It is the EC that proposes the EU legislative text and amends the Text (from recommendation from both Council of the EU and EU Parliament once it has accepted it.
Hence, All three Bodies (EC, Council of the EU and EU Parliament) need to accept the Legislation for EU Law.
The Council of the EU can only adopt EU parliament amendments if the European Commission have to accepted them before forwarding it to the Council of the EU. Both (The Council of the EU & EU parliament) are not the Enforcers of EU Law.

Function of the EC

http://www.eurosafe.eu.com/csi/eurosafe2006.nsf/wwwVwContent/l4functionoftheec.htm

The Commission is the largest executive body of the European Union, employing over 16,000 civil servants, and is the source of all legislation relevant to the functioning of the European Community. The EC Treaty assigns the Commission a wide range of tasks: according to Article 211 EC, its main powers are those of supervision, initiative and implementation. Of these three roles, the Commission's power to initiative legislation is considered to be its most important and influential.

In its supervisory role, the Commission is given executive powers by the Treaty and by the Council in order to secure the implementation of subsequent secondary legislation, collectively known as the acquis communautaire. The secretariat general is responsible, inter alia, for the daily tracking of the implementation of legislation in the Member States. In an annual report, published by the Commission, details on the level of implemention are given. Infringements on the provisions of these texts are vigorously acted upon in order to ensure their correct interpretation and implementation. In a case of improper implementation or failure to implement, the Commission may decide to enforce correct implementation by bringing the Member State before the European Court of Justice. In such cases, the Commission may investigate either on its own initiative or as a result of a complaint. If a Member State does not react to the Commission's 'reasoned opinion' on the disputed subject, the Commission may refer the case to the Court of Justice, in order to gain a judgement which is binding for both parties. In addition, a great deal of Community law is 'directly applicable', which means that presumed infringements in a number of areas can be directly referred to national courts by individuals.

The EC Treaty is a 'framework' agreement which sets objectives and defines general guidelines, leaving the Commission to propose concrete measures (secondary legislation). Thus the Commission in its role as initiator must put froward proposals to the Council of Ministers and the European Parliament for specific measures for the development of Community policies. In doing this, the Commission must defend Community interests and should not interfere in responsibilities that are well taken care of at national level and that do not impede the major objectives of the Community, i.e. an open internal market and free movement for goods, citizens and (financial) services).

In addition, the Commission is responsible for administering the Community's public expenditure and its major funds. This requires that the Commission becomes involved in the management of the structural funds, allowing it, for example, to undertake Community measures aimed at promoting research and development. Both the promotion of economic and social cohesion and research and technological development are Community objectives under the Single European Act and the Maastricht Treaty. Multi-annual framework programs are set up by the Commission which define Community priorities in these fields.

evercloserunion wrote: »

Upholding the Treaties is the duty of every institution of the EU. The Commission technically has the right to take a member state to court for breach of the Treaties but it is the ECJ that decides whether the member state has actually done anything wrong.

While it the Function of each EU institution to uphold the EU Treaties. It is the Function of the EC enforce EU Treaties by report those breaches to the ECJ.
The commencement of proceedings before the European Court of Justice is preceded by a preliminary procedure conducted by the European Commission. Therefore the ECJ cannot initiated any breaches of EU Law or Breaches of EU Treaties, just like our Courts.
ECJ while have the Final Say on the interpretation of EU law and apply punishment. ECJ do not runs the EU, and just like our Courts do not run our Country. It (ECJ) primarily powers are only on the European Pillar of the EU : Community Law.
Whilst the Court of Justice is, by its very nature, the supreme guardian of Community legally, it is not the only judicial body empowered to apply Community law. That function fall onto the European Commission who have executive powers in its supervisory role.

Carawaystick · 11-03-2009 10:20PM

If the EC don't run the EU, then who made this the law? EC NO 1546/2006
particularily the annex.

it's at best undemocratic and Kafkaesque, at worst Stalinesque

passive · 11-03-2009 10:30PM

Carawaystick wrote: »

If the EC don't run the EU, then who made this the law? EC NO 1546/2006
particularily the annex.

it's at best undemocratic and Kafkaesque, at worst Stalinesque

Oh that law! that was made by K4582-triangle-yellow, on a Tuesday, if I recall.

Ironic twist in the EU

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