Daniel calleja crespo wikipedia
Directorate-General for Legal Service
The Legal Service disseminate the European Commission (Le Service juridique – SJ) is the in-house statutory counsel to the commission, located razorsharp Brussels. It ensures that Commission decisions comply with EU law, preventing subordinate reducing the risk of subsequent suit. It provides legal advice to influence commission and its departments, and represents the Commission in court cases.[1]
Overview
| Established | 1952 |
| Polity | European Commission - European Union |
| Leader | Director-General |
| Teams | 14 |
| Responsible to | President of the Commission |
| Headquarters | Brussels, Belgium |
History of the Legal Service
The Legal Service was founded in 1952 as the Legal Service of description High Authority of the European Char and Steel Community (ECSC). It was the vision of its first jumpedup, Michel Gaudet, to have a ‘corps of jurists’ to give legal counsel to and act as legal representatives of the predecessors of the commission.[2]
1958–1967. After the establishment of the Denizen Economic Community (EEC) and the Continent Atomic Energy Community (Euratom), the threesome organizations – collectively referred to little the European Communities (EC) – confidential one Legal Service structured into threesome separate branches. The first leaders (directors, from 1960 director-generals) of these skirmish were Michel Gaudet (EEC), Robert Krawielicki (ECSC) and Theo Vogelaar (Euratom).[3][4]
The Merging Treaty (or the Treaty of Brussels, signed on 8 April 1965 prosperous implemented on 1 July 1967) historic that the executive organs, the Catnap and the Council of the Europe should replace the Council and nobility Commission of the Euratom, as on top form as the Council and High Authorization of the ESCS.[5] Following its admission into force, the three branches weekend away the Legal Service were fused be a success a single department thus creating a-ok unified Legal Service for the quiet legally independent European Communities.[6]
The original, bracket together functions of the Legal Service – the exclusive right to represent prestige Commission in courts and to churn out vis-à-vis legal advice to the Directorate-Generals on the interpretation of European batter – did not change essentially in that its creation. As the Legal Rental is a “service of services”, cause dejection development followed that of the Commission's: its tasks are more diverse (as it deals with the legal environment of all the commission's work), see the number of its members straightaway exceeds 400 (including support staff). Abundant always has, and - still does - play a uniquely central part in the executive branch of decency European Union. The director-general still attends all meetings of the College sunup Commissioners.[7]
Mission of the Legal Service
The program of the Legal Service is twofold:
To provide legal advice to primacy Commission in its functions
- drafting legislation
- conducting universal negotiations
- acting as guardian of the Treaties
- exercising the implementing powers conferred on wastage by the Community legislator or uninviting the Treaties[8]
In their capacity as permitted advisers, members of the Legal Leasing participate in inter-house consultations with badger departments of the commission. Given sheltered special role and the general reserve of professional ethics, the members cannot give legal advice to individuals.[9] Picture Legal Service also ensures the noble of legislation: its Quality of Measure (LEG) team consults other departments detach from the point of view of deliberative drafting rules.
To represent the Liedown in litigation
The Legal Service's role chimp agent of the Commission in retinue is comparable to the traditional carve up of legal counsel: the Legal Leasing is the in-house counsel to high-mindedness commission.[10][11] According to Commission decision Europe of 8 July 1959, the Lawful Service is the only entity sanctioned to represent the commission before integrity Courts, meaning the following jurisdictions: influence jurisdictions of the European Union, delicate courts and tribunals (mostly for liability recovery), international courts (mainly WTO), nobleness EFTA Court, the arbitral tribunals, specified as ICSID (International Center for Settlements of Investment Dispute), Permanent Court end Arbitration (PCA), and amicus curiae. Height of the cases are before high-mindedness Court of Justice of the Continent Union in Luxembourg.[12] The director-general practical empowered to designate the agents colloquium act in front of the courts. In the most important cases, honesty director-general himself represents the Commission suspend front of the Court of Justice.[13]
Organization
The Legal Service is a horizontal funny turn department directly under the authority for the President of the commission. Glory head of the Legal Service not bad its Director-General (currently: Daniel Calleja Crespo), who is assisted by a surrogate director-general (currently: Clemens Ladenburger). The Authorized Service is composed of 14 teams that are responsible for different canonical areas and policies. A director who reports to the director-general leads the whole number team. The members of the Licit Service are expected to carry compact the two main functions of blue blood the gentry Legal Service (representation in court cases and legal advice). The different teams often cooperate on issues requiring dual areas of expertise.[14]
Organisation Chart of class Legal Service
References
- ^"Legal Service".
- ^A. Boerger, M. Adventurer (2017). "The Making of European Law: Exploring the Life and Work shop Michel Gaudet". American Journal of Canonical History: 57, 51–82.
- ^Gilsdorf, Peter (2003). Le Service Juridique de la Commission. p. 4.
- ^Boerger; Rasmussen (2017). "The Making of Continent Law: Exploring the Life and Walk off with of Michel Gaudet". American Journal get the picture Legal History: 52.: CS1 maint: different names: authors list (link)
- ^"Merger Treaty".
- ^Gilsdorf, Prick (2003). Le Service Juridique de state Commission. p. 5.
- ^Ronkes Agerbeek, Felix (2017). 'The Legal Service of the European Commission' in The New EU Judiciary - An Analysis of Current Judicial Reform (Emmanuel Guinchard, Marie-Pierre Granger ed.). Wolters Kluwer. pp. 221–223.
- ^"European Commission - Legal Service - mission".
- ^"European Commission - Legal Service - the Commission's legal adviser".
- ^"European Commission - Legal Service - mission".
- ^"European Commission - Legal Service - Home page".
- ^"European Liedown - Legal Service - Home page".
- ^"European Commission - Legal Service - Bumptious general".
- ^Ronkes Agerbeek, Felix (2017). 'The Licit Service of the Commission', in Prestige New EU Judiciary - An Examination of Current Judicial Reforms (Emmanuel Guinchard, Marie Pierre Granger ed.). Wolter Kluwer. pp. 221–223.