SECTION 8: IRELAND AND THE EUROPEAN UNION

INTRODUCTION TO THE EUROPEAN UNION

At present, there are 27 Member States in the European Union (EU). These Member States are Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Romania, Slovakia, Slovenia, Spain, Portugal, Sweden, and the United Kingdom.

This map of Europe shows each of the Member States of the EU.

Aims of the European Union

The EU works on our behalf in a number of different ways.

1. To promote economic and social progress.
Help people earn enough money and get treated fairly.

2. To speak for the European Union on the international scene.
By working as a group the EU hopes that Europe will be listened to more by other countries.

3. To introduce European citizenship.
Anyone from a Member State is a citizen of the EU and has rights as an EU citizen.

4. To develop Europe as an area of freedom, security and justice.
Help Europeans to live in safety, without the threat of war.

5. To maintain and build on established EU law.
Make laws that protect people’s rights in the member countries.

Flag of the European Union

The EU flag shows twelve stars against a blue background.

The number twelve is associated with perfection and unity. The circle also symbolises these characteristics. For this reason, the twelve stars are arranged in a circle, representing unity, harmony and solidarity between the peoples of Europe.

Institutions of the European Union

There are five EU institutions, each playing a specific role:

• European Parliament (elected by the peoples of the Member States); 
• Council of the European Union (representing the governments of the Member States); 
• European Commission (driving force and executive body); 
• Court of Justice (ensuring compliance with the law); 
• Court of Auditors (controlling sound and lawful management of the EU budget).

These are flanked by five other important bodies:

• European Economic and Social Committee (expresses the opinions of organised civil society on economic and social issues); 
• Committee of the Regions (expresses the opinions of regional and local authorities); 
• European Central Bank (responsible for monetary policy and managing the euro); 
• European Ombudsman (deals with citizens' complaints about maladministration by any EU institution or body); 
• European Investment Bank (helps achieve EU objectives by financing investment projects).

BACKGROUND TO THE EUROPEAN UNION

The historical roots of the European Union lie in the Second World War. The idea of European integration was conceived to prevent such killing and destruction from ever happening again. It was first proposed by the French Foreign Minister Robert Schuman in a speech on May 9, 1950.

This date, May 9, is celebrated annually as Europe Day. 

The European Union grew out of three communities that were founded after World War II with the aim of establishing European peace and prosperity.

The first of these communities, the European Coal and Steel Community (ECSC), was set up in 1951.

The second and third communities were set up in 1957, and were called the European Atomic Energy Commission (Euratom), and the European Economic Community (EEC).

The laws of the EU are set out in the various treaties that have been agreed and ratified (formally approved) by each of the Member States of the EU. Some Member States can ratify these treaties through their respective Parliaments whilst others, like Ireland, hold referenda to ratify each treaty.

Key dates in the history of the EU

1951: The Treaty of Paris

The first European Treaty was signed in 1951 in Paris between six Member States: France, Germany, Italy, Belgium, the Netherlands, and Luxembourg.

This Treaty established the first European community, the European Coal and Steel Community, and it became known as the Treaty of Paris.

In the post-war era, the aim of this Treaty was to restore economic stability, and to repair the damaged relationship between Germany and France.

1957: The Treaty of Rome

The European Coal and Steel Community proved to be a great success in paving the way for the Treaty of Rome.

This Treaty officially created the European Atomic Energy Commission, and the European Economic Community.

Delegates from the six countries at the negotiations before the signing of the Treaty in Rome

The same six countries which signed the Treaty of Paris became signatories to the Treaty of Rome, which is one of the most important Treaties in the history of the EU.

The principle aim of the Treaty of Rome was to ensure the free movement of goods, services and people between Member States, i.e. to create a common market.

1967: The Merger Treaty

This Treaty was signed by all Member States in 1965, and came into force two years later. The Merger Treaty combined the Executives of the three European Communities (the ECSC, the EEC, and Euratom).

1973: Accession

Denmark, Ireland, and the United Kingdom join the European Community.

1981: Accession

Greece joins the European Community.

1986 (January): Accession

Spain and Portugal join the European Community.

1986 (February): The Single European Act

This Act came into force in July 1987.

It linked the aim of a common European market to another important target: The achievement of economic and social cohesion.

It set January 1, 1993 as the date by which a full internal market was to be established, and it extended the practice of majority voting, thereby lending more weight to Community institutions.

1990: Reunification

East Germany and West Germany are unified following the collapse of the Berlin Wall.

1992: The Treaty on European Union (Maastricht)

This Treaty came into force in November 1993, giving European integration a whole new dimension.

It transformed the European Community, which was essentially an economic union, into the European Union, which now stands on three pillars.

The three pillars of the EU:

1. The Community pillar: this governs the operations of the European institutions, and deals with the management of the internal market and the common policies.
2. The foreign and security policy pillar
3. The home affairs pillar: this covers matters such as immigration and asylum policy, the police, and justice.

The Maastricht Treaty also introduced the decision to achieve economic and monetary union (EMU) amongst participating Member States. This eventually led to the introduction of the Euro as the common EU currency. This Treaty also introduced the concept of common European citizenship.

1995: Accession

Austria, Finland and Sweden join the European Community

1997: The Treaty of Amsterdam

The Amsterdam Treaty aimed to ensure the continued peace and prosperity of the EU in the 21^st Century, and to extend this peace and prosperity to the states of Central and Eastern Europe.

One of the main changes this Treaty brought about was that for the first time the EU would take on a military role.

It would become involved in peacekeeping, humanitarian missions and peace making or peace enforcement by the creation of a European Rapid Reaction Force.

EU leaders meeting in Amsterdam in June 1997

The main aims of the Amsterdam Treaty were:

• To place employment and citizen's rights at the heart of the Union;
• To sweep away the last remaining obstacles to freedom of movement while at the same time strengthening security;
• To give the EU a stronger voice in world affairs;
• To make the Union's institutional structure more efficient with a view to enlarging the Union.

2000: The Treaty of Nice

The Treaty of Nice was agreed by the Heads of the EU Member States in December 2000. After the text of the Treaty was translated and finalised, it was signed by the Foreign Ministers of the EU Member States in February, 2001.

The most important aspects of this Treaty concern the adjustment of the EU institutions to an enlarged Union of 25, and later 27 members.

The main purpose of the Treaty of Nice is to make some changes in the institutions that govern the EU. These changes include:

• Changes in the membership of the European Commission;
• Changes in the decision making in the Council of Ministers, including enhanced co-operation;
• Changes in the membership of the European Parliament;
• Other institutional changes affecting other organs of the EU.

Fine Gael has always been a pro-European political party, and before both referenda that were held in Ireland on the Nice Treaty, we launched strong campaigns urging people to vote `Yes' to Nice.

In addition to these institutional changes, the Treaty deals with other issues such as:

• The EU's common foreign and security policy;
• Human rights;
• Social protection.

The Treaty of Nice entered into force in February 2003.

2004 (May): Accession

On May 1^st, 2004, the EU underwent its most significant enlargement to date, with the accession of the following ten countries to the Union:

1. Cyprus
2. Czech Republic
3. Estonia
4. Hungary
5. Latvia
6. Lithuania
7. Malta
8. Poland
9. Slovakia
10. Slovenia

2007 (Jan): Accession

Bulgaria and Romania join the European Union.

INSTITUTIONS OF THE EUROPEAN UNION

1. THE EUROPEAN PARLIAMENT

The European Parliament is the institution that represents the citizens of the Member States of the EU. It is made up of 730 members who represent the more than 490 million citizens of the 27 EU countries.

Representatives in the European Parliament are called Members of the European Parliament, or MEPs. The European Parliament meets and deliberates in public at the Parliament buildings in Brussels (Belgium) and Strasbourg (France).

The European Parliament buildings in Brussels (Belgium)

Elections to the European Parliament

Elections for the European Parliament are held every five years in the month of June. The first direct elections to the European Parliament were held in June 1979. The last European Parliament elections took place in June 2004.

Every country in the EU has some form of voting system, based on proportional representation. The aim for the future of voting in European elections is that all countries should have the same system.

European Parliament elections take place within a four-day period all over the EU.

4 constituencies

Ireland is divided into four constituencies for the purpose of electing our 13 MEPs:

· · East

· · Dublin

· · South

· · West

The constituency of Dublin has four MEPs, whilst all remaining constituencies have three MEPs each.

Who can become an MEP?

To be eligible for membership of the European Parliament, you must be:

• A citizen of Ireland or a resident EU citizen;
• Over 21 years of age.

You are disqualified from membership of the European Parliament if:

• You are not an Irish citizen of a national of another EU Member State;
• You are under 21 years of age;
• You are a candidate for election in another Member State;
• You are a national of another Member State, and you are forbidden to stand as a candidate for election in that Member State because of a law that exists there;
• You are a judge or the Comptroller and Auditor General;
• You are a member of the Garda Síochána;
• You are a full-time member of the Defence Forces;
• You are a civil servant, and it does not specifically state in your contract of employment that you may become an MEP;
• You are a person of unsound mind;
• You are presently in prison serving a term greater than six months;
• You are an undischarged bankrupt.

Irish MEPs are not permitted to hold a dual mandate (double role) for both the European Parliament and the National Parliament.

To stand for election, you must either nominate yourself for election or, alternatively, one elector for the constituency you wish to represent may nominate you.

As a candidate at a European Parliament election you are entitled to send one election letter free of postage charge to every elector in your constituency.

Who can vote in European elections?

To vote in a European election:

• You must be a citizen of the EU;
• You must be 18 years of age, or over, on the day the Register of Electors comes into force (February 15 each year);
• Your name must be on the Register of Electors.

If you are an Irish citizen living in another Member State of the EU, you are entitled to vote in the European elections in that country. However no EU citizen is entitled to vote in the European elections in more than one constituency or country.

According to European law, the count of a European election cannot begin until voting has been completed throughout the European Union.

Powers of the European Parliament

The European Parliament has three main powers -

1. The power to legislate (make laws)

This power is shared with the Council of the European Union. Usually, European laws are made by a co-decision procedure. This means that the Council and the Parliament jointly adopt law.

The Parliament can make amendments to legislation under this procedure.

However, there are certain important areas, for example tax legislation, where the Parliament many only give an opinion as to whether a proposed piece of legislation can become law.

2. The power of the purse

This power is also shared with the Council.

The Parliament supervises spending by the EU and it also adopts the annual budget for the EU.

It has the final word on spending on the European Regional Development Fund, the European Social Fund, cultural and educational programmes, humanitarian aid, and refugee programmes.

However, when it comes to spending on agriculture and spending arising from international agreements, the Parliament can propose changes, but the Council has the final say.

3. The power of democratic supervision

The Parliament supervises all Community activities.

It establishes committees of inquiry to investigate certain matters, for example a committee of enquiry was established after the outbreak of Mad Cow Disease.

The Parliament also plays a crucial role in supervising the European Commission. The Commission is obliged to submit reports to the Parliament on its activities, and to answer written or oral questions during Question Time.

If two-thirds of the members of Parliament vote in favour of a motion of censure against the Commission, the entire Commission is forced to resign.

The interior of the European Parliament

The Role of MEPs

MEPs meet to discuss and vote on Commission proposals for one week a month at the European Parliament.

When this occurs, it is called a `plenary sitting' of the Parliament.

The Parliament may also occasionally assemble in `extraordinary session' if the majority of its members requests it, for example if a very urgent matter arises.

Parliamentary committees usually meet for two weeks a month in Brussels (in Belgium) so they are close to the European Commission and the Council of the European Union, both of which are located in Brussels.

All parliamentary debates are simultaneously interpreted in the EU's 23 official languages:

Bulgarian · Czech · Danish · Dutch · English · Estonian · Finnish · French · German · Greek · Hungarian · Irish · Italian · Latvian · Lithuanian · Maltese · Polish · Portuguese · Romanian · Slovak · Slovenian · Spanish · Swedish

All parliamentary documents are translated into and published in these 23 languages.

Four steps in the work of MEPs

The work of MEPs usually involves four distinct steps:

1. The relevant parliamentary committee appoints a member as a `rapporteur' (reporter) to draft a report on a Commission proposal.
2. The rapporteur submits his/her draft report to the committee for discussion.
3. After consideration, the draft report is put to a vote and possibly amended.
4. The report is then discussed and debated in plenary session at the Parliament, amended and put to the vote.

Once it has voted, the Parliament has adopted its position on the matter.

Payment of MEPs

MEPs are paid the same salary as members of their national parliaments.

Irish MEPs are therefore paid the same salary as TDs, but they also receive an additional amount to cover the costs incurred by them in the performance of their duties and the recruitment of assistants.

These allowances can be cut if MEPs do not take part in the plenary sittings of the Parliament on a regular basis. It has been proposed that this system of payment should be changed, so that all MEPs are paid the same salary, regardless of their different nationalities.

Fine Gael MEPs

Ireland has 13 members in the European Parliament. Following elections in June 2004, five of these MEPs are from Fine Gael, making Fine Gael the most successful Irish political party at these European elections.

Gay Mitchell MEP is the Fine Gael MEP for Dublin since 2004. Gay was a Government Minister of State at the Department of the Taoiseach and Foreign Affairs, with special responsibility for European Affairs, between 1994 and 1997. He was Lord Mayor of Dublin from 1992 to 1993 and has a long association with a number of European bodies.

Avril Doyle MEP is a Fine Gael member of the European Parliament for the East (Leinster, excluding Dublin) Constituency since 1999. She is a former TD and Senator and has twice served as a Government Minister of State. In 1976 she became the first female Mayor of Wexford.

Mairead McGuinness MEP was first elected to the European Parliament for Fine Gael in 2004 in the East Constituency. She was previously the highly respected editor of the Farming Independent for seven years. She is also well known as the presenter of the Ear to the Ground and Celebrity Farm RTÉ series.

Senator Jim Higgins MEP first became a Fine Gael MEP in 2004 for the North West (Connacht/Ulster) Constituency. He is a former school teacher, who, as a TD for Mayo, has served in two Departments as a Government Minister of State.

Colm Burke MEP was appointed to the European Parliament in 2007 for the South (Munster) constituency. He has a proven record of deep involvement in the economic, social, political and cultural life of Ireland South.

Political groupings at the European Parliament

There are a range of political parties in the European Parliament.

Members of the European Parliament do not organise themselves along national lines, but according to political allegiances. Usually, they join a political group of their choosing at the Parliament, and sit and vote with that group.

However, MEPs can act independently and are not obliged to vote with their political party. There are no party whips in the European Parliament, so if MEPs do not want to go along with the party policy, they can vote their own way.

There are seven main political groupings in the European Parliament, ranging from socialist and environmentalist parties to right-of-centre parties.

Groups	Title	No of MEPs
EPP-ED	European People's Party and European Democrats	277
PES	Party of European Socialists	218
ALDE	Alliance of Liberals and Democrats in Europe	105
UEN	Union for Europe of the Nations	44
Greens/EFA	Greens - European Free Alliance	42
GUE/NGL	European United Left - Nordic Green Left	41
Ind/Dem	Independence/ Democracy	24
ITS	Identity Tradition and Sovereignty	21

There are also 13 non-attached or independent MEPs.

Fine Gael MEPs belong to the European Peoples' Party.

Committees of the European Parliament

• Foreign Affairs, Human Rights, Common Security and Defence Policy
• Budgets
• Budgetary Control
• Citizens' Freedoms and Rights, Justice and Home Affairs
• Economic and Monetary Affairs
• Legal Affairs and the Internal Market
• Industry, External Trade, Research and Energy
• Employment and Social Affairs
• Environment, Public Health and Consumer Policy
• Agriculture and Rural Development
• Fisheries
• Regional Policy, Transport and Tourism
• Culture, Youth, Education, the Media and Sport
• Development and Co-operation
• Constitutional Affairs
• Women's Rights and Equal Opportunities
• Petitions

A number of temporary committees also exist.

2. THE EUROPEAN COMMISSION

The European Commission is like a civil service to the European Union: It takes care of the day-to-day running of the organisation.

The Commission is based in Brussels. It is made up of 27 Commissioners chosen from the Member States of the EU. Each Member State can nominate one Commissioner.

Nominations of Commission members

The President of the Commission is nominated by common agreement of the Governments of the Member States after consultation with the European Parliament.

After the President has been nominated, other members of the Commission are selected.

In practice, the Government of each Member State nominates a Commissioner according to its own selection procedure. As a result, the Commission reflects a variety of talents and vocations such as politicians, lawyers, civil servants and academics.

Once each of the Commissioners has been selected, the European Parliament must vote to approve the appointment of the President and the other Commission members.If the Parliament refuses to appoint one or more of the Commissioners, the selection process must start again.

European Commissioners are appointed for a renewable term of five years. However, the President of the Commission changes every two years.

At the moment, the President is Jose Manuel Barroso from Portugal.

Jose Manuel Barroso, President of the European Commission

The work of European Commissioners

The European Commission meets once a week to adopt proposals, finalise policy papers, and make decisions.

Decisions are made by a simple majority vote. Once a decision has been made, it becomes Commission policy and is fully supported by all of the Commissioners.

Each member of the European Commission is given a portfolio that is his/her area of responsibility.

Commissioners keep the same portfolio throughout their period of appointment, and do not represent the interests of their own Member State, but act independently in the interests of the EU.

The offices of the European Commission in Brussels

Each European Commissioner appoints a Cabinet of his/her choice, headed by the `Chef de Cabinet' (cabinet leader). The Chef de Cabinet is usually the same nationality as the Commissioner.

The cabinet is made up of a small group of advisors (usually about five) who help the Commissioner in the preparation of Commission decisions. As well as the Cabinets, the staff of the European Commission is organised into specialist departments called `Directorates General'. These, in turn, are divided into Directorares, and Units.

At the head of each department, there is a Director General, who is responsible to the relevant Commissioner. A staff of over 15,000 people is employed and paid by the European Commission so as to help the Commissioners with their work.

The staff come from all of the EU Member States and include lawyers, language experts, administrative staff, and experts in particular fields, such as agriculture or industry.

A Commissioner may resign, or may be forced to resign by the Court of Justice if the Council of the European Union or the European Commission applies to the Court.

A Commissioner may be forced to resign if:

• He/she is no longer competent or able to work;
• He/she is carrying on some other occupation as well as working as a Commissioner;
• His/her independence or integrity has been compromised;
• He/she is guilty of serious misconduct.

The European Parliament has the power to force the entire Commission to resign en-masse. In order to exercise this power, two thirds of the votes cast, and at least half of the MEPs, must pass a motion of censure.

The role of the European Commission

The European Commission has the following functions:

· · To act as the Guardian of the Treaties;

This means that the Commission must ensure that EU law is applied and followed by all Member States. It can initiate proceedings against Member States or businesses that fail to comply with EU legislation.

· · To initiate legislation;

The Commission makes proposals for European laws, which are then sent to the European Council and the European Parliament for amendment and approval.

· · To act as an executive body;

The Commission manages policies and the annual budget. It negotiates trade and co-operation agreements with non-EU countries.

3. THE COUNCIL OF THE EUROPEAN UNION

The Council of the European Union is the main decision-making body of the EU.

It meets once a week in Brussels in Belgium, except during April, June and October, when it meets in Luxembourg.

The Council is made up of one Government Minister from each EU Member State.

There is only one Council, but different groups meet depending on what topic is being discussed at the weekly meeting. For example, if the topic to be discussed is connected to health issues, all the Health Ministers from the EU Members States will attend and sit at the Council.

The Presidency of the Council is rotated between Member States every six months.

Functions of the Council of the European Union

The Council of the European Union has the power to legislate (make laws). The Council shares this power with the European Parliament.

Usually, European laws are made by a co-decision procedure. This means that the Parliament and the Council jointly adopt proposals for legislation which have come from the European Commission.

The Council and the Parliament can make amendments to legislation, but there are some important areas (for example, tax legislation) where the Parliament may only give an opinion as to whether a proposed piece of legislation can become law.

The Council is responsible for coordinating the economic policies of the Member States of the EU.

Each year, the Council drafts guidelines for the economic policies of Member States. The implementation of these guidelines by each of the individual Member States is then supervised and monitored by the Council.

Along with the European Parliament, the Council shares the power of the purse.

The Parliament supervises spending by the EU, and adopts the annual EU budget. It has the last word on spending on the European Regional Development Fund, the European Social Fund, cultural and educational programmes, humanitarian aid, and refugee programmes.

When it comes to spending on agriculture and spending arising from international agreements, however, the Parliament can only propose changes, but the Council has the final say.

The Council of the European Union makes decisions in a number of different ways.

In important areas, for example common foreign and security policy or taxation, a unanimous decision is required. This means that each Member State has a veto in these important areas.

In other policy areas, the Council makes decisions using a procedure of Qualified Majority Voting (QMV). According to the procedure, each Member State has a fixed number of votes. The number allocated to each country is roughly determined by its population, but progressively weighted in favour of smaller countries.

At the moment, Ireland has 7 votes out of the total of 321, whereas the United Kingdom has 29 votes.

To pass a vote by QMV, all three of the following conditions must apply:

1. 1. The proposal must be supported by 232 out of the total of 321 votes (72.27%);

2. The proposal must be backed by a majority of member states;
3. The countries supporting the proposal must represent at least 62% of the total EU population.

If the new EU Constitution comes into force, the conditions for passing a vote will be simplified. In this case, a QMV decision will require a “double majority” of 55% of member states representing 65% of citizens. In addition, a blocking minority must consist of at least 4 Member States. Under the new rules, it will be more difficult for a minority of countries to block a decision.

4. THE COURT OF AUDITORS

The Court of Auditors is made up of 27 members, one from each Member State of the EU. It is based in Luxembourg.

Each Member State suggests a candidate for the Court of Auditors, who is then appointed by the Council of the EU after consultation with the European Parliament.

Candidates generally have experience in the field of audit of public finances.

They are appointed for a renewable term of 6 years, and elect their President for a term of three years.

The work of the Court of Auditors

The Court of Auditors is mainly involved in auditing the accounts and overseeing the implementation of the budgets of the EU institutions.

Its aim is to improve the financial management of EU money, and to report to EU citizens on how EU money is used.

The Court of Auditors draws up an annual report at the end of each financial year.

It is obliged to publish this report in the Official Journal of the Community, so that anybody can study the budget and spending of the EU institutions.

It also sends a copy of this report to each of the other institutions.

5. THE EUROPEAN COURT OF JUSTICE

Composition of the ECJ

The European Court of Justice (ECJ) is the judicial institution of the European Union, and is an independent body.

Like the courts in Ireland, it deals with disputes between parties. Its main role is to interpret the laws of the EU and to ensure that these are being applied correctly and uniformly throughout the Member States.

The ECJ is based in Luxembourg, and is made up of 27 judges, one judge from each Member State. At present, the Irish judge at the ECJ is Aindrias Ó Caoimh, a former High Court Judge.

The European Court of Justice

As well as the 27 judges at the European Court of Justice, there are 8 Advocate Generals. It is the job of the Advocate Generals to give balanced opinions on cases so as to help the ECJ in making decisions.

Italy, Germany, France, Spain and the United Kingdom each appoint one Advocate General.

The remaining three Advocate Generals are appointed on a rotating basis by the other Member States.

The members of the ECJ are appointed by joint agreement of the Governments of the Member States.

They serve for a renewable term of six years.

The judges and the Advocate Generals of the ECJ must be qualified to be appointed to the highest national courts in their Member States.

Alternatively, they may be jurisconsults (academic lawyers).

The independence of the members of the ECJ is of the utmost importance.

Once they are appointed, therefore, they are forbidden from holding any other office of an administrative or political nature or in engaging in any other occupation, paid or unpaid.

The work of the ECJ

The European Court of Justice sits and hears cases all year round.

In 1989, a Court of First Instance was established to assist the ECJ with its work.

The Court of First Instance deals with certain categories of cases at first instance, for example, cases relating to breach of competition law. Decisions of the Court of First Instance may be appealed to the ECJ.

The ECJ upholds the Treaties of the EU, and makes sure that European law is interpreted and applied in the same way across the EU.

It does this by holding different types of court proceedings. These include:

Preliminary rulings

The preliminary rulings procedure allows co-operation between national courts of the Member States, and the ECJ.

This is done so as to avoid differences of interpretation of EU law by national courts.

For example, if a case comes before a national court involving an interpretation of an EU law, and there is doubt as to how it should be interpreted, the national court will pass the matter on to the ECJ so as to reach a decision.

The ECJ will decide how the law should be interpreted or applied, and will send that decision to the national court.

The national court is then obliged to apply that decision to the case in question.

Proceedings for failure to fulfil an obligation

The European Commission, or any of the Member States, can begin proceedings at the ECJ so as to force a Member State to comply with EU law.

If the ECJ decides that the Member State in question is at fault, the Member State must rectify the situation without delay.

Proceedings for annulment

The European Commission, the Council of the European Union, the European Parliament, or any Member State may request the annulment (cancellation) of an EU law.

This may occur if one of the institutions of the EU enacts a law that is in conflict with the EU Treaties. If the ECJ agrees that the law in question is in conflict with the Treaties, it will declare the law to be null and void

Private individuals may also bring proceedings for the annulment of an EU law if the law in question affects them directly and individually.

EUROPEAN LEGISLATION

One of the most important aspects of European legislation is that it is superior to all national legislation in Member States.

This means that European law is supreme.

Nothing in Bunreacht na hÉireann can override or take precedence over an EU law.

As we learned earlier, the fundamental laws or rules of the EU are set out in the European Treaties.

All EU Treaties must be agreed and ratified by the Member States. A Treaty is ratified when it becomes part of the law of the Member States.

According to Bunreacht na hÉireann, a new EU treaty can only be incorporated into Irish law if the people of Ireland agree to it in a referendum.

Treaties are the primary source of EU law, but secondary sources of EU law also exist.

Secondary sources of EU law are those relating to legislation made by the institutions of the EU, namely the European Parliament, the European Commission, and the Council of the European Union.

Different types of secondary legislation

Regulations

Regulations are laws that apply to everyone including all Member States.

Regulations become part of the national law of Member States and are enforceable in national courts as soon as they come into force.

It is not necessary for them to be brought in by any national legislation.

Directives

A Directive is a form of order to Member States to bring in national legislation to achieve a specific result.

It is up to the national governments to decide on the form and method of the legislation needed to achieve the desired result.

A Directive will usually specify a deadline for the implementation of such legislation.

Decisions

A decision is addressed to a distinct and limited group of people, for example one single Member State, or a European corporation.

Decisions are binding upon those to whom they are addressed.

Recommendations and opinions

Recommendations and opinions are not binding - they are merely suggestions concerning the implementation of legislation.

The Official Journal of the European Union

EU legislation is published in the Official Journal of the European Union.

The date that the legislation is due to come into effect is always stated in the Journal.

This Journal is published every working day, and contains a number of sections including legislation, information, notices and public tenders.

The Official Journal of the EU

HOUSES OF THE OIREACHTAS AND THE EUROPEAN UNION

The relationships that exist between the Houses of the Oireachtas and the European Union:

• The Government participates in the Council of Ministers
• The Government has the right to nominate persons to the European Commission
• The Government has the right to nominate persons to be a judge or auditor of the respective community institutions
• Members of the Oireachtas debate the reports of the Joint Committee on European Affairs
• Members of the Oireachtas examine proliosals for Irish legislation arising out of the obligations of EU membership

This photo, showing a Road Improvement Scheme funded by the EU and managed by the Department of Environment and Local Government, demonstrates just one of the ways in which the EU and the Oireachtas co-operate.

Members of the Oireachtas debate the six-monthly reports published by the Department of Foreign Affairs on developments in the European Union

Members of the Oireachtas examine Government policy and administration arising out of obligations of EU membership

The Heads of State or Government hold regular meetings at EU summits. (The Taoiseach as the Head of State of the Irish Government, keeps members of the Oireachtas informed of developments arising out of meetings of Heads of State or Government at EU summits)

Joint Committee on European Affairs

Irish and Northern Irish MEPs can attend and take part in the Joint Committee on European Affairs. (However they do not have voting rights).

MEPs of other member states may also be invited to take part at meetings.

This is allowed for under the `Terms of Reference' (rules guiding the committee) of the Joint Committee.

BENEFITS OF IRELAND'S EU MEMBERSHIP

Procedures in the European institutions in Brussels and Luxembourg may seem far removed from your daily life, but Ireland's membership of the EU affects us all in many ways on a day-to-day basis.

Travelling to/from any of the Member States of the EU is much easier for Irish people now that we are members of the European Union.

All Irish passports now have the EU, as well as Ireland, printed on them.

If Irish people get an E111 form before they travel to other EU countries, they are covered in the event of any emergency medical attention that they might require while in that country.

Furthermore, before the introduction of the euro, Irish people had to change money into the currency in use in the country to which they were travelling.

Now, there is no need for us to change money when we are travelling to any of the other countries within the Eurozone because the currency in use in all of these countries is the same: The euro.

Citizens of the European Union do not need a work visa to work in any of the EU Member States.

This means Irish students can spend summers working in France, Italy, Spain, the UK, or any of the other EU countries without applying for work visas.

Furthermore, this aspect of the EU means that fulltime workers can travel freely around the Member States, working wherever they choose, without needing to apply for visas or work permits.

Because Ireland is an EU Member State, Irish driving licences are valid in all EU countries, again making travel within the EU a more hassle-free experience.

The examples listed above are just some of the benefits of our membership of the European Union.

Ireland has also received many financial and economic benefits, thanks to the EU.

During the 25 year period up to 1997, Ireland contributed £6 billion to the EU budget, and received £27 billion back.

For every €1.27 that we gave to the EU, we got back nearly €6.35.

This money was given to us through a series of different funds aimed at reducing the wealth gap or economic difference between us and wealthier EU states such as France and Germany.

Many of the improvements made to this country in recent years have been aided by EU funds.