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The Enforcement of Community Law Relies More upon Individual Initiative Than Any Institutional Mechanism

Essay by   •  June 5, 2011  •  Case Study  •  980 Words (4 Pages)  •  1,579 Views

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The enforcement of community law relies more upon individual initiative than any institutional mechanism.

The Article 7 (1) EC Treaty created five main institutions to enable the task that was given to them, to be carried out effectively. They are the European Commission, the Council of Ministers, the European Parliament, which are known as the institutional triangle, the European Court of Justice and the Court of Auditors, which are involved in the making and enforcing Community Law Provisions. Therefore, we would discuss the roles and functions of the institutional triangle, along with the ECJ contemporaneously which are involved in the 'initiation and finalisation of most EU legislation, and therefore establishes the main legislative process in European Community'. However, under the Article 308 EC, the function of these legislative institutions is stated as 'The Council shall act unanimously on a proposal from the Commission and after consulting the European Parliament, to take appropriate measure'.

The Council of Ministers have five main core duties. The first one being in the areas of policy where responsibility lies with the Member states, such as the economic policy, foreign and security policy, justice and home affairs, it acts as a forum within which Member states can consult with each other and coordinate their behaviour. Secondly, the Council can take action and enforce the EC law against other institutions under Art 230 EC for the breach of community law or for the failure to act when necessary by Community law Art 232 EC. Thirdly the Council can request the Commission to submit legislative proposals. Fourthly, the Council can delegate legislative powers to the Commission. The fifth and the most influential role is the power of final decision on the adoption of legislation in most areas of EU policy. However, we can see from the above powers of the Council that they are interrelated with the Commission. The original decision-making structure of Community is central to the Commission, as we shall see subsequently. However, the Council approves all legislation and unanimously agree to Commission proposals. This means that it is inevitable that their function set out in Art 202 EC is regarded as the most powerful institution in EC law, who not only has a major role to play in the decision-making process, but enforces the EC provisions against other institutions.

The provisions of Art 189- 201 EC govern the European Parliament. There are certain powers exercised by the parliament; participate in the legislative process of the community, acting as the budgetary authority and supervises of the commission. Nonetheless, Parliament also takes an active role in the political life of Europe, commissioning reports and passing resolutions on social and political issues, defence and foreign policy, and other matters such as finances. Therefore, the position of the European Parliament in the process of law-making power has become considerably stronger over time. For example, prior to the

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