European Union

Written by Saptaparni Raha

European Union is an International organization which comprises 27 European countries. It governs common economic, social and security policies. At first the organization was only confined to western Europe but in the early 21st century it undertook a robust expansion into central and eastern Europe. The members of this organization are Austria, Belgium, France, Germany, Czech republic, Denmark etc .

The aim of this organization is to end the frequent and bloody war between neighbours. In the year of 1950 the European coal and steel community begins to unite all European countries to secure their lasting peace. Belgium, France, Germany, Italy, Luxemburg and Netherlands are the six founding country. The year of 1950 was dominated by the cold war between east and west. Then in 1956 the protests against the communist regime in Hungary was put down by Soviet tanks. After that the treaty of Rome creates the European Economic Community or common market in 1957.

After that the leader of Polish trade union Lech Walesa becomes the household name across Europe . In the year of 1980 world started to follow the Gdnsk shipyard strikes. After that Greece becomes the 10th member of EU and Spain, Portugal follows it. Then single European  Act is signed to provide the basis of vast six year program that aims to sort out the problems with free flow of trade across EU borders. Then in the year of 1993 the EU was created by the Maastricht treaty in Amsterdam to enhance the European political and economic integration by creating a single currency.

 

Organization of European Union :

Executive Branch:

European Commission: This organization for the first time aims to create a new legislation in EU. It proposes new legislation and launches new policy. This commission serves as the executive branch of the EU. It  also enters into the international agreements on behalf of the EU.

European Council: This organization consist of heads of state of EU members and meets twice in a year i.e January and June. The president of this council is been appointed for the period of six months and he has the sole discretion to create the meeting.

European Central Bank: This organization was created to make and implement monetary policy and it is responsible for the issuance of the EU’s common currency Euro.

Legislative Branch:

Council of the European Union: This organization is known as the council of ministers. It is a separate and distinct body . It shall composed of selected ministers from each member state. It has legislative power along with European parliament.

European Parliament: During the time of its origin it exercises little political power. After the development of EU it gained more power in the legislative process but it does not have the legislative power with a national parliament. This parliament is similar to the U.S house of representatives and senate has the power to enact most of the legislations. But in the European Union council of ministers posses greater legislative power than the European parliament.

Committee of Regions: This organ was created by the treaty of Maastricht in the year of 1992. It is the consultative body composed of 344 members with 344 alternates who serves for the term of four years. This organ was established for the issuance of opinions on legislation at the request of other EU institutions. It also can issue its opinions by its own initiative.

Economic and social committee: This consultative body was created by treaty of Rome that issues opinions on legislation which deals with labor, transport, consumer protection, public health and education. It has 344 members who appointed by the council and the memberships are roughly proportional to the populations of the member states.

Judicial Branch

European court of justice: This court is constituted with 27 judges and eight advocates general who interprets and adjudicates disputes over EU law. It is the separate body of law distinct from and supreme over the law of the member states. Judges serves the terms of six years and elected by common accord among the member states. According to the provision of treaty of Nice each member state shall have the national serve on court. The eight advocate general serves the term of six years and appointed by the common accord.

Court of first instance: This court is constituted with 27 judges. It is an inter mediate court that decides disputes arising out of EU law. This court was created in the year of 1989 to reduce the delays in deciding cases by the court of justice because of its increased caseloads. This court basically focus upon competition cases and staff cases but it did not hear the cases brought by member states. After the court has expanded the jurisdiction by the direction of the treaty of Niece and directed that court shall have at least one judge from each member state.

European court of auditors: This court is constituted of 27 representatives of the member states. It has the discretion to audit the accounts and implements the budget of the EU.  It issues an annual report, special report and opinions.

 

Human Rights system of European Union: 

Council Of Europe: Council of Europe appoints the directorate general of human rights and legal affairs  to take the overall responsibility for the development and implementation of the human rights. It also includes the promotion of democracy through law , to operate all of relevant treaties and monitors mechanisms. It develops and implements the activities in these fields.

European Union: Human Rights: European Union solely believes in human rights, democracy and the rule of law so they embedded in its founding treaty. European Union reinforced by the adoption of a charter of fundamental rights. All the member countries who wanted to join the Union must respect human rights.

European Union: The charter of Fundamental rights: European Union respects its human rights on the basis of Articles 6,7 and 13 of the treaty on European Union and the charter of fundamental rights . It solely focuses on discrimination , racism and xenophobia. It also protects the minorities in fields such as asylum, immigration or employment.

European court of human rights: European court of human rights was been created under the auspices of the Council of Europe. It is the regional human rights judicial body which is based in Strasbourg, France. This court was started to operate in the year of 1959. It has delivered more than 10,000 judgments regarding the alleged violation of the European convention on human rights.

 

Conclusion:

European Union is working in a very systematic manner and recognized as a very successful International organization. But the human rights system of this organization is not so good. European Union have failed to implement its human rights system in a successful manner. European convention on human rights leads to sign the treaty of Lisbon. Though European Union have huge failure like the trade liberalization. The trade liberalization initiated in Western Europe but it is very slow and follow uneven process and gradually it lose its prosperity but it able to create a good human rights body. The European court of human rights has its loads of criticism like it has different roles in the international framework of human rights instruments, but it does not have the ability to combat with the major human rights problem. Its law developed by case to case and only based on strict interpretation. It does not follow the convention properly. So though the convention is drafted properly but its implication is very poor.

 

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