Department of Foreign Affairs, Government of ireland

Glossary - The European Constitution
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CHARTER OF FUNDAMENTAL RIGHTS
The Charter of Fundamental Rights was agreed by the European Council at Nice in December 2000. The Charter sets out the rights EU citizens enjoy. These rights derive from the EU Treaties and related case-law, the European Convention on Human Rights and its case law, the Social Charters of the Union and the Council of Europe and the constitutional traditions and international obligations common to Member States. The Charter sets out these rights in one single text for the first time. The Charter forms Part Two of the Constitution and will apply to the EU Institutions and to Member States only when implementing EU law.
CO-DECISION
Co-decision is the procedure through which the Council of Ministers and the European Parliament jointly enact most Union legislation. It will form part of the Ordinary Legislative Procedure.
COMMISSION
The Commission is an independent body appointed by the Member States to act as the neutral guardian of their shared interests and to promote the general interest of the Union. It monitors the implementation of EU law, proposes legislation and has important executive functions. Commissioners are nominated by Member States, approved by the European Parliament and appointed for a period of five years. A new Commission took office in November 2004. The Commissioner nominated by Ireland is Mr Charlie McCreevy.
COMMITTEE OF THE REGIONS
The Committee of the Regions is an advisory body comprising representatives of regional and local interests. Members of the Committee are appointed by the Council of Ministers on the basis of nominations from Member States.
COMMON AGRICULTURAL POLICY (CAP)
The Common Agricultural Policy aims to increase agricultural productivity; to ensure a fair standard of living for the agricultural community; to stabilise markets; to assure the availability of supplies; and to ensure that supplies reach consumers at reasonable prices.
COMMON COMMERCIAL POLICY
The Common Commercial Policy aims "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". Under it, the EU negotiates collectively in international trade matters.
COMMON FISHERIES POLICY (CFP)
The aim of the Common Fisheries Policy is to manage fisheries for the benefit of both fishingcommunities and consumers.
COMMON FOREIGN AND SECURITY POLICY (CFSP)
The Common Foreign and Security Policy is an important component of the Union's external action. The principles and objectives which are to guide the Union's external action are set out in Article III-292. Within that framework, the Member States undertake to work together on international issues in mutual political solidarity. The CFSP covers all areas of foreign policy, including questions relating to security. Member States agree to consult one another on any foreign and security policy issues which are of general interest in order to reach a common position, where possible.
COMMON SECURITY AND DEFENCE POLICY (CSDP)
The Common Security and Defence Policy, currently known as the European Security and Defence Policy (ESDP), is an integral part of the Common Foreign and Security Policy. It provides the Union with an operational capacity to use in missions outside the Union for "peacekeeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter" (these are known as the ' Petersberg Tasks').
COMPETENCE
Member States can decide to confer 'competence', or the ability to act and to legislate, on the Union in specific policy areas. Member States do so where they believe that action at Union level could achieve more than the Member States acting individually. Competence remains with the Member States unless it is explicitly conferred on the Union in a Treaty.
THE PRINCIPLE OF CONFERRAL
This principle means that the Union can only act in areas where the Member States have specifically conferred competence upon it. Competences not conferred on the Union in the Constitution remain with the Member States.
COUNCIL OF MINISTERS
The Council is the EU institution in which the Governments of the Member States are represented. Together with the European Parliament, it enacts legislation and is the budgetary authority. The Council meets in different formations, depending on the issues under discussion (e.g. environment) and each Member State is represented at Ministerial level in each formation.
COURT OF AUDITORS
The Court of Auditors audits expenditure by EU Institutions.
COURT OF JUSTICE OF THE EUROPEAN UNION
The Court of Justice of the European Union, based in Luxembourg, has general responsibility for interpreting EU law and for ensuring that its application is consistent. Under the Constitution, it will consist of the Court of Justice (the highest court), the High Court (currently known as the Court of First Instance) and specialised courts.
DECLARATION
A statement attached to a Treaty by one or more Member States (or by the Conference which negotiated the Treaty) explaining its approach to a given matter. Though not legally binding, a Declaration carries substantial political weight.
ECONOMIC AND SOCIAL COMMITTEE
The Economic and Social Committee is an advisory body. Its role is to inform the decision-making institutions of the EU on a broad range of social and economic issues. It is made up of representatives, nominated by the Member States, drawn from of various categories of economic and social activity.
ENHANCED COOPERATION
Enhanced cooperation allows a group of Member States to choose to cooperate on a specific matter, subject to certain conditions and safeguards, in areas in which the Union does not hold exclusive competence. The current Treaty provisions for enhanced co-operation have not yet been used.
EURATOM
The name given to the European Atomic Energy Community, and to the 1957 Treaty, sometimes known as the 'Second Rome Treaty', which established it. Euratom makes certain provisions for the management of nuclear power within the Union. It is legally distinct from the European Union but shares a common membership and common institutions.
EURO GROUP
The informal group of Finance Ministers of the Member States which have adopted the euro as their currency.
EUROJUST
Eurojust is a European Union body established in 2002 to facilitate judicial co-operation and coordination between Member States in dealing with the investigation and prosecution of serious cross-border crime, particularly organised crime.
EUROPEAN CENTRAL BANK
The European Central Bank conducts the monetary policy of the European Union. Its primary aim is to promote price stability in the Euro area safeguarding the value of the Euro.
EUROPEAN COMMUNITY
The European Community (EC), originally known as the European Economic Community (EEC), was established by a 1957 Treaty, commonly known as the Treaty of Rome. The European Community together with Euratom is known as the 'European Communities'. The European Constitution will create a single legal framework bringing together the Community and Union and abolishing the pillars.
EUROPEAN CONVENTION

The European Convention was established by the European Council in December 2001 to bring forward recommendations for a new Constitutional Treaty for the EU. It brought together government and parliamentary representatives from existing and future Member States of the Union with European Parliamentarians and representatives of the Commission. It was chaired by former French President Valéry Giscard d'Estaing. It met from February 2002 to July 2003

EUROPEAN COUNCIL
The European Council sets the broad political guidelines for the Union. It brings together the Heads of State or of Government of the Member States together with the President of the Commission. It usually meets about four times a year.
EUROPEAN OMBUDSMAN
The European Ombudsman is elected by the European Parliament and investigates complaints about maladministration by the Union's institutions and bodies.
EUROPEAN PARLIAMENT
The European Parliament is directly elected every five years. Member States return Members of the European Parliament (MEPs) in rough relation to their size (though smaller countries return more MEPs than their population would strictly suggest). The Parliament has, with the Council of Ministers, an important role in the legislative and budgetary processes of the EU. It also oversees the work of the Commission. Ireland returned 13 MEPs in the elections in June 2004.
EUROPEAN UNION
The European Union (EU) was set up by the Treaty on European Union, or Maastricht Treaty, of 1992. It consists of three 'pillars' or areas of activity. The first pillar comprises the European Communities, the second pillar the Common Foreign and Security Policy, and the third pillar judicial and police cooperation in criminal matters. The European Constitution will create a single legal framework bringing together the Community and Union and abolishing the pillars.
EUROPOL
Europol, the European Police Office, aims at improving the effectiveness of cooperation between the police authorities of Member States in preventing and combating terrorism, unlawful drug trafficking and other serious forms of international organised crime.
EUROZONE
The area where the Euro is the official currency.
INTERGOVERNMENTAL CONFERENCE (IGC)
An Intergovernmental Conference, involving all Member States, is necessary to agree changes to the Treaties. A new Treaty, containing those changes, must then be ratified by all Member States according to their respective constitutional requirements.
LEGAL INSTRUMENT
A 'legal instrument' is a tool the Union may use to implement its policy decisions. In some cases this is legislative, ie a law must be enacted to implement the policy. In other cases it is nonlegislative, ie no law is necessary.
LEGAL PERSONALITY
The Union uses legal instruments to implement its policy decisions. Some of these instruments are legislative, meaning that they require the adoption of a law; others do not require this. The Union currently has a choice of 15 instruments available to it some are used in only one area). In the interests of simplification, the European Constitution has reduced this number to 6.
MEMBER STATE
A country which is a member of the European Union.
NATIONAL FORUM ON EUROPE
The Forum was established by the Government in October 2001 to facilitate a broad discussion of issues relevant to Ireland's membership of an enlarging Union, and to consider the range of topics arising in the context of the debate on the Future of Europe. It meets regularly under the Chairmanship of Senator Maurice Hayes.
OWN RESOURCES
The Union's 'Own Resources' are the means through which its activities are financed. The current own resources are divided into three categories. These are: so-called 'traditional own resources' (mainly customs duties collected by Member States on behalf of the EU); resources based on value added tax (VAT) (this resource is levied on the notional harmonised VAT bases of Member States); and the Gross National Income based resource (this resource is levied as a uniform rate in proportion to the GNI of each Member State). GNI approximates to GNP.
'PASSERELLE'
The term 'passerelle' comes from the French word for footbridge. It is a procedure proposed by the Convention which would allow for the European Council to take a unanimous decision to change the decision-making procedure in a given policy area from unanimity to qualified majority voting.
PETERSBERG TASKS
The activities the Union may undertake in the area of Common Security and Defence Policy are known as the 'Petersberg Tasks' (after the town in which they were agreed). Currently these are " humanitarian and rescue tasks, peace-keeping, and the tasks of combat forces in crisis management, including peace- making". The Constitution expands this list.
PRIMACY OF EU LAW
The principle of the primacy of EU law has existed since before Ireland joined the European Communities in 1973. It applies only to those areas in which the Member States have agreed to transfer powers, or competences, to the Union under the terms of the EU treaties. The
principle means that when Member States agree to be bound by EU law, they must implement and enforce what they have agreed and comply with judgments of the Union's Courts in relation to those laws.
PROPORTIONALITY
Under the principle of proportionality, Union action may not exceed "what is necessary to achieve the objectives of the Union."
PROTOCOL
A protocol is a text, annexed to a treaty, which expands upon or explains a given topic. It has the same legal force as the Treaty itself.
QMV (QUALIFIED MAJORITY VOTING)
The Treaties provide that the Council of Ministers may take decisions, depending on the issue, by (a) unanimity; (b) qualified majority voting (QMV); or (c) simple majority. Decisions in most areas are taken by QMV. Currently, each Member State has a number of votes weighted according to a scale which groups together Member States of similar population size. To be adopted a measure requires a certain number of votes to be cast in its favour. Under the Constitution, a new system of 'double majority' voting will apply. To be adopted a measure will normally require the support of 55% of the Member States representing 65% of the Union's population.
STABILITY AND GROWTH PACT
The Stability and Growth Pact is an agreement to ensure budgetary discipline in economic and monetary union (EMU), in particular through the avoidance of excessive budgetary deficits by Member States.
STRUCTURAL FUNDS
Structural Funds are funds used by the Union to promote the economic and social development of the regions deemed to be lagging behind.
SUBSIDIARITY
Under the principle of subsidiarity, the Union may only act if objectives cannot be sufficiently achieved by the Member States, either at national or local level, or where, because of scale, they can be better achieved at Union level.
TREATY
A binding international agreement among states. The EU's objectives, powers and rules have been defined and developed in a series of Treaties among its Member States, from the Treaty of Paris (1950) to the Treaty of Nice (2001). Ireland, together with the UK and Denmark, joined the European Communities in 1973 by means of an Accession Treaty with the other Member States.
UNANIMITY
When unanimity is required, all Member States must agree with a proposal.
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