Institutionen der Integration Ratspräsidentschaft und ... - E-LIB

Valentin Schröder Institutionen der Integration Anhang A-6
The vast majority of communications from the Commission (COM documents) are legislative
proposals. The other most important COM documents are listed below.
White Papers, which contain a set of proposals for action by the Community in a particular
field. They sometimes follow on from Green Papers, the purpose of which is to
launch a consultation process at European level. If a White Paper is favourably received
by the Council, it can lead, if appropriate, to an EU action programme in the field concerned.
Green Papers, which are intended to stimulate thinking and launch consultation at European
level on a particular subject. The consultations resulting from a Green Paper can
then lead to the publication of a White Paper that will propose a set of concrete measures
for Community action.
1.5.3.2. Report from the European Court of Auditors
The annual report of the Court of Auditors presents the Court’s comments on the handling of
the Community’s finances. It is forwarded to the Community institutions and published in the
Official Journal. The report highlights the points where improvement would be possible, or indeed
desirable. The institutions then reply to the Court of Auditors’ observations.
1.6. Case-law
1.6.1. Introduction
All the decisions handed down by bodies exercising judicial powers constitute case-law. The
Court of Justice and the Court of First Instance of the European Communities are the judicial
institutions of the European Union. It is the task of the Court to ensure that Community law is
respected in the interpretation and implementation of the founding treaties. The Court is assisted
in its work by advocates-general, who draw up opinions.
1.6.2. Judgments
The Court of Justice and the Court of First Instance hand down judgments, which are decisions
that conclude a litigation procedure.
There is no appeal against judgments of the Court of Justice.
An appeal against a judgment of the Court of First Instance can be brought before the Court of
Justice.
1.6.3. Opinions
The European Parliament, the Council, the Commission or a Member State can seek the opinion
of the Court of Justice on whether an agreement between the Community and non-member
countries or international organisations is compatible with the provisions of the EC Treaty. An
agreement on which the Court of Justice has given a negative opinion can enter into force only
under the conditions laid down in Article 48 of the Treaty on European Union (procedure for
amending the treaties).
1.6.4. Orders
The Court of Justice and the Court of First Instance issue orders in a variety of instances, as laid
down in the Rules of Procedure, which fall broadly into three groups:
instances during the investigation of a case (for example, acts ordering the preservation of
evidence, or separating, joining or suspending cases);
instances where the Court takes a decision without considering the substance of the case
(for example, in the event of manifest inadmissibility of the case or lack of jurisdiction);
instances where the Court takes a decision on the substance of the case; here, the orders
are in fact simplified judgments that are used when the case is identical to others on
which a judgment has already been handed down.
Orders can in principle be amended or revoked.
1.6.5. Submissions of the advocates-general
The advocates-general have the duty of assisting the Court in its work. They present in open
court, acting with complete impartiality and independence, reasoned submissions on cases before
the Court. In these submissions the advocate-general thus proposes a solution to the dispute, but
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