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EU Institutions and Policies - Theme 1

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Manuel Gimenez

on 10 January 2015

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Transcript of EU Institutions and Policies - Theme 1

European Council (summit)

European Central Bank

Agencies

European Investment Bank

European Commission

Council of Ministers
(The Council)

Committee of the Regions

Economic and Social Committee

Court of Auditors

Court of Justice
European Parliament

The European Parliament
Unit 1
The Origin of the idea of Europe

Theme 2
Founding Principles of the European Union


L’effet naturel du commerce est de porter à la paix. Deux nations qui négocient ensemble se rendent réciproquement dépendantes : si l’une a intérêt d’acheter, l’autre à intérêt de vendre ; et toutes les unions sont fondées sur les besoins mutuels.

Montesquieu, De l’esprit des lois (1748), Book XX, Chapter 2
Philosophical Conception of the European Union

It is generally accepted that the modern project of European integration, as conceived by the French bureaucrats Jean Monnet and Robert Schuman and communicated to the German Chancellor Konrad Adenauer, had a preeminently
Kantian inspiration
.

However, reducing the complexity and antiquity of European integration to the figure of Kant constitutes an erroneous oversimplification: the EU is the first anti-hegemonic structure.

Point of Departure: Declaration made by Robert Schuman on 9th May, 1951 that symbolizes the creation of the EU

We will examine other philosophical conceptions of the EU:

1. Gartonian Europe

2. Montesquieuan Europe

3. Schmittean Europe
Regulative ideal
is the inspiration of the current European Union

real transfer of sovereignty

EU citizenship: The cardinal principle of the free movement of persons + essential principle of non-discrimination on the grounds of nationality,

Citizens new rights vis-à-vis the states where they resided

Transnationality of 'injustice'. the fact that an offence in one place is perceived as personal in another place.

Intrinsically cosmopolitan

Cultural, folkloric, Geopolitical evidence
Reaction to the growing influence of the US in Europe

The French attempt to control the growth of Germany to avoid the possibility of another war

Literature of the text: "the hope of a federal-state" in the making of the founding fathers

Renouncement expressed towards the use of preemptive violence by the creation of a Court,
Gartonian Europe (Timothy Garton-Ash)

New form of 'multilevel multilateralism' .

A great achievement of the EU was to overcome the feared hegemony of France over the big three—UK and Germany—by eliminating any potential risk of solitary leadership.

Solid architectural argument

Internationalization consensus —Garton Ash, Posner— More realistic internationalist genesis
Montesquieuan Europe

Commerce and the principle of subsidiarity

identification of peace with the interdependence of nations through commerce. Sovereignty is thus overcome by a federation of states under a transnational rule of law, where the right of war only prevails outside the federation in cases of self preservation.

preservation of internal governance combined with effective external coordination by means of the federation, the creation of a 'society of societies'



Europe needs a certain degree of struggle: industrial, in research and investment, educative
The European construction
Theme 1. Origin and Evolution of the European integration process
Introduction
Schuman declaration
1951. ECSC
1952. EDC
1957. Rome Treaty
1966. Empty Chair Crisis
1981. Spinelli Project
1986. Single Act
1992. EU Treaty
1997. Amsterdam Treaty
2001. Nice Treaty

Introduction.
What the EU is supposed to be (from Euro Challenge High School Competition)

A unique institution – MC voluntarily cede national sovereignty in many areas to carry out common policies and governance.

Not a super-state to replace existing states, nor just an organization for international cooperation.

Shared values: liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law.
Largest economic region in the world.

World’s most successful model for advancing peace and democracy (2012 Nobel Peace Prize winner).

World’s largest donor providing assistance to development

1944: Anti-Nazi resistance movements call for “federal union of European peoples” after the war

1948: Transnational NGO, International Committee of the Movements for European Unity, holds international congress
countries.

1950. Schuman Declaration

French foreign minister Robert Schuman on 9 May 1950. It proposed the creation of a European Coal and Steel Community, whose members would pool coal and steel production.

The ECSC (founding members: France, West Germany, Italy, the Netherlands, Belgium and Luxembourg) .

Historical context

In 1950, the nations of Europe were still struggling to overcome the devastation wrought by World War II.

Monnet: Various unsuccessful attempts at integration after the 1948 Congress organised by the European Movement in The Hague had solemnly called for unity.

The European Economic Co-operation, 1948, given coordinating powers was unable to prevent economic recovery in a purely national context.

The creation of the Council of Europe, on 5 May 1949, showed that the governments were jealous of their prerogatives. The Consultative Assembly had no more than deliberative powers. Its resolutions could be vetoed by the Committee of Ministers.

A complete institutional edifice at one go was a pipe dream.

The agreement Schuman - Adenauer, open to all European nations:

'limited, but decisive target': Franco-German coal and steel production, which would be placed under a common High Authority"
- The merging of economic interests would help to raise the standard of living.
- The High Authority's decisions would be binding on the countries. Its members would be independent, enforceable decisions.

1951. ECSC

Four principles

1. Superiority of Institutions: Application to international relations of the principles of equality, arbitration and conciliation (democracy)

2. Independence of Community organs.
-Power to act. ECSC High Authority passed on to today's institutions, are of three kinds:
- Members appointed by agreement between governments. Not national delegates, but individuals exercising their authority collectively. They cannot accept instructions from MC.
- Financial independence is assured by the levying of own resources.
- High Authority accountable only to the Assembly, which could adopt a vote of censure by a qualified majority.

3. Inter-institutional co-operation:
-A Council of Ministers was added to the High Authority. Its role was strictly circumscribed: it was to take majority rather than unanimous decisions and its assent would be required in limited cases only.
-High Authority retained sole right of initiative.
-To allow Member States to defend national interests. Surest way of preventing the budding Community being confined to overly technical purposes. Areas where macroeconomic decisions.

4. Equality among nations
After ECSC, eternal debate between Intergorvernmentalism and Supranationalism.
"A ever closer union among the peoples of Europe"

Wallace: "pendulum"

1952. European Defence Community (EDC)

A plan proposed in 1950 by René Pleven, French Prime Minister, in response to the American call for the rearmament of West Germany.

Pan-European defence force as an alternative to Germany's proposed accession to NATO, to harness its military potential in case of conflict with the Soviet bloc.

West Germany, France, Italy, and the Benelux countries.


1952. European Political Community (EPC)

The draft EPC treaty, as drawn up by the ECSC assembly (now the European Parliament), would have seen a directly elected assembly ("the Peoples' Chamber"), a senate appointed by national parliaments and a supranational executive.

Proposed by Paul-Henri Spaak, president of th ECSC Assembly

EPC failed in 1954 when it became clear that France would not ratify the EDC, as the project entailed an unacceptable loss of national sovereignty.
1957. Rome Treaty. European Economic Community (EEC)

Treaties establishing the European Economic Community (EEC) and the European Atomic Energy Community (EAEC)


Benelux leadership, Spaak, Johan Willem Beyen. Messina Conference, 1955.

Spaak Report, which set out the broad lines of a future European Economic Community (EEC) and European Atomic Energy Community (EAEC).
specific action plan, basis for the intergovernmental negotiations at Val Duchesse.
three parts: the
common market,
Euratom, and
areas where the need for action was considered most urgent.


The international context: the Suez Crisis (1956) and the Hungarian Uprising

Concluded for an unlimited period, comprises 248 articles plus 22 annexes.
Details a customs union, provides for the drawing up of a common agricultural policy (CAP) and sets out rules for the free movement of persons, services and capital.
Standardisation of competition: provides the rules applicable to undertakings and state aid. Finally, it outlines a common transport policy.





Four broad principles: progressiveness, irreversibility, the prohibition of discrimination, and the open nature of the Community

Structure (shared with Euroatom): a legislative power (the Assembly), an executive power (the Council and the Commission) and a judicial power (the Court of Justice).

The Assembly. Representatives appointed in their respective parliaments according to their own procedures. It discussed the annual general report of the Commission. enabled to censure the Commission by a majority of two-thirds of the votes

The Council, government representatives, administered the Member States’ common economic policy and had decision-making power in most cases.
Decisions: unanimously, by a qualified majority or by a simple majority (in most cases only on a proposal from the Commission, amendable only by a unanimous decision of the Council).

The Commission. Nine members with collective responsibility, appointed by the governments for a period of four years and selected for their ability and independence. Decisions were taken by a simple majority.
It formulated recommendations or delivered opinions on matters dealt with in the Treaty if the Treaty expressly provided for this or if the Commission considered it necessary.
It exercised the powers conferred on it by the Council for the implementation of the rules which the Council laid down.





The Court of Justice consisted of seven judges, assisted by advocates general, who were also appointed for six years by their governments. The Court ensured that the law was observed in the interpretation and application of the Treaty. It assessed the legality of acts of the Council and the Commission, when actions were brought on grounds of lack of competence, misuse of powers, or infringement of the essential procedural requirements of the Treaty or of any rule of law relating to its application.

he EEC Treaty provided for an advisory body. This was the Economic and Social Committee (ESC), which was made up of representatives of the various categories of economic and social activity: producers, farmers, workers, dealers, craftsmen and professional occupations.

The way towards Intergovernmentalism: Davignon and Spinelli

Davignon Report
Report on the future foreign policy of European Economic Community member nations. It was written by a council chaired by Étienne Davignon of the Belgian Foreign Office. The committee was appointed by the Council of the European Communities to make proposals on political cooperation between the member states. It recommended that member states should try to speak with a single voice on international problems, a proposal that was approved by all six member governments. It resulted first in European Political Cooperation and later in the European Union's Common Foreign and Security Policy in 1992.

Signed by the then 10 heads of state and government on 19 June 1983, in Stuttgart.
Pure political declaration to
1. Intensify the development of European policies
2. Pursue a common voice in common foreign and security policy
3. Harmonization of non-European criminal policies

The Spinelli Project

First constitutional attempt at a time when the European Community was embroiled in negotiations about the amount of Britain's contribution to the European budget, reforming the common agricultural policy and increasing the very resources of the Union itself (not to mention negotiations on Spanish and Portuguese membership)

New institutional Treaty of the European Union and not as a mere revision of existing Treaties (unlike the Single Act, the Treaties of Maastricht, Amsterdam and Nice, but like the Constitutional Treaty of 29/10/2004). Therefore, rather than merely amending existing treaties, Altiero Spinelli really started the "constitutional" process of the Union.

Approach that is equivalent to suppressing the three pillars provided for by the Constitutional Treaty of 2004

European citizenship

Fundamental rights: not only to the classic rights of the ECHR, but also to the new economic and social rights guaranteed by the National Constitutions

Principle of subsidiarity: Union action is necessary if it proves to be more effective than the action of the Member States

Legislative co-decision between the Council and the European Parliament
Article 23(3) provided for the maintenance of the "Luxembourg Compromise" to prevent majority voting for a transitory period of ten years
Parallel action by some MC to remove physical borders
Signed in 1985 symbolically in the town of Schengen bordering LUX, GER and FR

Intergovernmental treaty between BENELUX, GER and FR; not part of acquis communitaire

Removal of internal borders while strengthening the external borders (so-called Schengen border)

Schengen Agreement

Institutional Changes

Qualified Majority Voting (QMV) in the Council in majority internal market issues
Strengthening the European Parliament (EP) by cooperation and assent procedures
European Council to be a part of the primary law

Explicit aim to build an Economic and monetary union
Expanding the EEC mandate to the areas such as social legislation, environment, R&D
External Policy cooperation

Solidarity clause

Consultations in foreign policy affairs (European Political Cooperation - EPC)
Towards political union?

The Internal Market

Slimmer version of common market: return to fundamentals
Defined as a ‘space without internal frontiers, where free movement of goods, services, persons and capital is ensured’
To be completed by 31/12/1992
Unlike common market did not include obligations to create EMU and an extensive economic and tax harmonisation
Goods (TEC, Arts. 23-31) – mainly removal of NTBs
Persons (TEC, Arts. 39-48) – mutual recognition of qualifications, removal of discriminatory measures
Capital (TEC, Arts. 56-60) – removal of restriction on cross-border movement of capital
Services (TEC, Arts. 49-55) – cross-border provision of services without need of settling at the recipient’s state territory – problematic due to diverging legal requirements

Creation of the European Union: Maastricht Treaty

Introduction
Two IGCs convened in 1991 reflect the new dimensions proposed
Need to reach consensus in a range of controversial issues (supranational X intergovernmental, solidarity, foreign policy cooperation, social policy…)
-Conference on political union
-Conference on economic and monetary union (EMU)

Most controversial points:
- New spheres of influence for the Community/Union (foreign policy, monetary union, social policy…)
- Institutional balance (strengthening the EP)
- Political union?
- Citizenship
-
Variable geometry: closer cooperation or enhanced cooperation:
lack of unity, fragmentation vs reaching unity, consensus.

Consolidation of a single structure, different rules depending on subject matter:
European Communities (EEC changed to EC)
Common foreign and security policy (CSFP)
Justice and home affairs (JHA)

Ratification process

Denmark rejected the Treaty in referendum in June 1992
Declarations guaranteeing subsidiarity and Danish opt-outs
Successful referendum in 1993
Close referendum in FR
Parliamentary battle in GB
Constitutional challenge in GER
German constitutional court turned down the challegne but stated the ‘kompetenz-kompetenz’ principle



Creation of the European Union: Amsterdam Treaty

Introduction
Its purpose was to reform the EU institutions in preparation for the arrival of future member countries.
Aimed at gaining legitimacy:
Article 1, Openess


Main changes
Extension Pillar 1. The EU will now be able to legislate on immigration, civil law or civil procedure, when necessary for the free movement of persons.
Intergovernmental cooperation was intensified in the police and criminal justice

Respect of HR, ECHR, democracy and rule of law

Introduced a High Representative for EU Foreign Policy who, together with the Presidents of the Council and the European Commission, puts a "name and a face" on EU policy in the outside world.

Reforms concerning the
codecision procedure
, affecting its scope - most legislation was adopted by the codecision procedure

Pro-comunitate interpretation (Pupino case)
Eastern Integration: Nice Treaty

Introduction
Its purpose was to make the EU adaptable to the enlargement towards eastern countries: 15 countries in 1995

Germany had demanded that its greater population be reflected in a higher vote weighting in the Council; this was opposed by France, who insisted that the symbolic parity between France and Germany be maintained.

Charter of Fundamental Rights of the European Union (2000)

Main changes

No changes in pillar structure

Allowed new rules on closer co-operation: Enhanced cooperation: lowered the requirements to join a regional group

Formal rules for the application of sanctions against a Member State.

Modified voting bias upon population: Small countries had gained relevance thanks to an architecture designed for 6 countries
Voting legislative initiatives of the Commission: majority of MC
Voting other legislative initiatives: 2/3 majority
Plus 62% of the population when requested by a MC

Supranationalism versus Intergovernmentalism: dark 70's and 80's
The Fouchet Plan and the Empty Chair Crisis (1966)


The Fouchet Plan was a plan proposed by President Charles de Gaulle of France in 1961. It was written by Christian Fouchet, France's ambassador to Denmark. The idea was to form a new 'Union of States', an intergovernmental alternative to the European Communities. De Gaulle feared a loss of French national influence in the European Communities, which at the time was becoming more and more supranational, so the Plan was an attempt to keep the balance of power in France’s favor.

Belgium, The Netherlands, and Luxembourg, collectively known as Benelux, were against the Fouchet Plan. They were afraid that the proposal removed too much power from the Commission, the supranational governing body, and would rely heavily on intergovernmentalism.

Hallstein Commission and empty chair crisis
In 1965 president Hallstein put forward the Commission's proposals for financing the Common Agricultural Policy (CAP). The proposals would have allowed the Community to develop its own financial resources, independently of the states, and given more budgetary powers to Parliament. Furthermore though, it applied the majority voting into the Council, which the French government stated it could not agree to.

Finally on 30 June 1965 Paris recalled its representative in Brussels stating it would not take its seat in the Council until it had its way

France held this policy for six months until the impact upon its economy forced it back into negotiations.

Luxembourg compromise: Meetings were held in Luxembourg during January 1966. A member could veto a decision that it believed would affect its national interests – no details what kind of national interests.
However since then it had been used so often it became a veto making unanimity in the Council the norm and was removed under the Single European Act

1986. Single Act
Supranationalism is the traditional method of the 1st pillar (Lisbon normal method)(Haas):
EC has the monopoly of the initiative
Council: majority vote
EP: Active in co-legislating with Council
ECJ: Uniform interpretation

Intergovernmentalism 3rd pillar (Hoffman):
EC shares its right of initiative
Council: unanimity
EP: Informed or consulted
Treaty Establishing a Constitution for Europe: Rome 2004

Introduction
"Treaty for a constitution...", it actually was an international Treaty.

Necessity to address the entire EU system.

Modification of the legislative initiative: Appointment of a group of experts, instead of an IGC in favor of the Council

Listening stage, examination stage, proposal stage

Structure - 448 Articles - 36 Protocols proposed to the Council in July 2003
PREAMBLE
Part I BASIC OBJECTIVES AND VALUES OF THE EU
Part II THE CHARTER OF FUNDAMENTAL RIGHTS OF THE UNION
Part III THE POLICIES AND FUNCTIONING OF THE UNION
Part IV — GENERAL AND FINAL PROVISIONS
PROTOCOLS AND ANNEXES

It included a binding norm on Human Rights: ECHR (2000)
Definitive supranational legislative process
Constitution: Act defining the limits and conditions to the exercise of power in a political entity.

Lisbon Treaty: December 1, 2009

Introduction
States and stakeholders were unwilling to giveup the steps given towards the Constitution. In 2007 the ICG considered what changes would be necessary to successfully reform the treaties

A Reform treaty had to include amendments to theTEU and ECTreaty (renamed TFEU). The Union should have legal personality and substitute the "Community"

Minister for foreign affairs: High Representative for FASP
No flag, anthem of Motto

It is unclear if the so called Constitution was actually one, but it is clear that the changes introduced to it in Lisbon did not change its nature

Approval
The 2007 Lisbon IGC allowed for scant public deliberation, as there was little desire to reopen Pandora's box.
Ireland rejected the Treaty in a first referendum

Content
Formal architecture: 7 Articles amending the TEU and the ECTreaty (TFEU).
Less clear structure (no constitutional appearance, though it contains some constitutional provisions).

TEU - intended to embrace constitutional principles of the EU...
Title I - Common Provisions
Title II - Democratic Principles
Title III - Provisions on the Institutions

... but that needed to show that it did not simply replicated Part I of the Constitutional Treaty:
Competence matters +hierarchy of norms + budgetary planning - they belonged to Part I of the Constitutional Treaty but were included in the TFEU .

TFEU: 7 Parts
Part I - Principles: Competences and general application
Part II - Citizenship
Part III - Policies and internal actions (24 titles) - Including cooperation in criminal matters, asylum, etc. Also: Freedom, Security and Justice
Part IV - Association with other territories
Part V - Foreign relations
Part VI - Institutional and budgetary provisions
Part VII - General and Final Provisions

CFSP - Replicates the structure of the Constitutional treaty - Separated treatment - executive authority : Council and European Council and exclusion of the ECJ (to a large extent).
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