POLS 319: The European Union
Institutions: The Five Main Functions of the European Council (Post Lisbon)
(Established as an informal summit in 1975) The Maastricht Treaty formalized the EU Council but did not cite it as being one of the EU's Institutions. It gave it very few specific tasks. The Lisbon Treaty explained the role of the EU Council and referred to it as an institution of the EU. 1. General Political Guidance and Momentum (not related to legislative functions -- only broad directions and priorities) 2. Oversight of Treaty reform and enlargement: - Been closely involved in authorizing and then finalizing all Treaty Reforms from the 1986 SEA; without initial agreement to start the process, and its consent at the end of it, treaty reform would not be possible. - Any proposals to revise the Treaties through the ordinary revision procedure will be decided on by the European Council - sets the eligibility conditions for accession states 3. Foreign Policy Making 4. Decision maker of last resort - Nominates the Commission President and appoints the Commission after the EP's consent - Lisbon Treaty gave specific provisions for the EU Council to act as a court of appeal if a member state wishes to use the emergency brake because an important interest is at risk of being overruled in the council by a QMV decision. - Decides on the size of the EP 5. Policy monitoring -
History: (2010 - ) What is the Eurozone Crisis?
- Several eurozone member states (Greece, Portugal, Ireland, Spain and Cyprus) were unable to repay or refinance their government debt or to bail out over-indebted banks under their national supervision without the assistance of third parties like other Eurozone countries, the European Central Bank (ECB), or the International Monetary Fund (IMF). - As the cost of borrowing for Greece became steadily higher, there was the concern that it would have to default on some of its debts, which would have led to a serious drop in the value of the euro. There was substantial decline in intra-EU trade and, as with previous economic crises, raised concern among supporters of the single market that this downturn would prompt a significant upsurge in economic nationalism and protectionism. The Treaty on Stability Co-ordination and Governance: The push for a new treaty to ensure greater economic discipline within the eurozone came from Germany who believed that the Maastricht Treaty and the Stability and Growth Pact were insufficient in obliging eurozone members to observe budgetary discipline or ensuring a balanced budget. The TSCG is not EU law; it's an intergovernmental treaty which uses EU institutions to ensure compliance.
The Evolution of European Union
1. 1950 Paris Treaty -- ECSC 2. 1958 Treaties of Rome -- EEC & Euratom 3. 1967 Merger Treaty -- ECSC, EEC, Euratom consolidate and become Economic Communities 4. 1992 Maastricht Treaty -- Economic Communities become Economic Community, a single pillar w/ The Common Foreign and Security Policy (CFSP) and Police and Judicial Co-operation in Criminal Matters (PJCCM) 5.
Policy: Copenhagen Criteria of 1993
1. A Political Criterion: an applicant must have stable institutions guaranteeing democracy, the rule of law, human rights, and the protection of minorities 2. A Economic Criterion -- must have a functioning market economy and the capacity to cope with the competitive pressures within the single market of the EU 3. A Criterion relating to the acquis communautaire: must be able to take on the obligations of membership, including adherence to the aims of political, economic, and monetary union
Institutions: The Post Lisbon Architecture
1. Catalogue of Competencies: Demarcation of what the EU can or cannot do. Lisbon spells out four types of EU competence: - exclusive (the core business of the EU) - shared - coordination - supporting, coordinating and supplementary action 2. Differentiated Integration: Allows for permanent or temporary arrangements whereby not all member states proceed at the same pace in all policy areas. EG, monetary policy. Only 18 of the 28 member states had joined the single currency by early 2014. 4. Emergency Breaks: Principle that a member government can suspend the OLP (in which it could be overruled by a QMV decision) and appeal to the European Council. Member states can appeal if supranationalism threatens their sovereign interests. 5. Passerelle Clauses: Provide possibility of changing at a later stage the procedure applicable to decision making, without the need for Treaty reform.
Policy: EU Major Policy Areas
1. Competition Competition Policy is a result of functional spillover from the single market. If large firms reacted to the opening of national markets by adopting anti-competitive practices, such as collusion through cartels, or mergers to create monopolies, the aim of the single market -- to increase efficiency and benefit consumers by enhancing competition -- would be frustrated. This is an area in which the Commission has considerable autonomy, but in exercising its powers it is often brought into conflict with national governments. 2. Employment and Social Policy At first, social policy was about the protection of workers' rights, in order to create a level playing field of competition by imposing on all producers the same levels of protection for employees. By 1999, emphasis away from protecting the rights of workers towards providing opportunities for work for the unemployed -- freeing labour markets of restrictions and providing training for the unemployed 3. Energy Spillover from the single market allowed the commission to mobilize a coalition of industrial users of energy in favour of liberalization of national energy markets. Once an EU-wide energy market had been established in principle, it became logical to handle other problems, such as security of supply and environmental effects, at the EU level. 4. Research The commission exploited European concerns about US and Japanese advances in these sectors to pressure governments to adopt an EC-wide program of support for research. 5. Transport spillover from the single market allowed the commission to push through liberalization of national markets, and then other issues needed to be handled at European level.
Institutions: Additional Powers of the European Parliament
1. Direct Elections: Agreement to replace the EPA (forerunner of the EP that had limited powers) with a directly elected body was reached at the Rome meeting of the EU Council in 1975. - Germany, Italy, and the Benelux countries believed that transferring competencies to the EC would lead to a democratic deficit unless there were a directly elected parliament at that level that could take over the role of scrutiny that would be lost to national governments. - The argument for direct election was that it would increase the legitimacy of the institution and thereby of the EU as a whole -- yet turnout in European elections has gradually fallen. 2. Budget Powers: The first granting of additional powers to the EP came in the Treat of Luxembourg in 1970, which it got the right to amend non-compulsory items of expenditure in the budget. In the1975 Budget Treaty, the EP Was granted the formal right to reject the budget as a whole. AS a result of Lisbon, the distinction between compulsory and non-compulsory expenditure was abolished. The EP secured the right to approve the seven-year annual budget, making the EP and the Council co-equal budgetary authorities. 3. Influence in Legislative Process: Abolishment of cooperation procedure leads to codecision procedure (Single European Act SEA), making EP co-legislator with the Council of Ministers. Also in order for a single market to be created, governments said there needed to be QMV, otherwise every individual measure would be vetoed by the government of the state that stood to be most adversely affected. This implied that national parliaments would no longer be able to reject a proposed measure by instructing their government's representative to veto in the Council. The democratic deficit argument meant that the loss of control by the national parliaments should be made up by an increase in the role of the EP. 4. Dismissing a Commission The EP can force the Commission as a whole to resign by a motion of censure, but to do so requires a positive vote from an absolute majority of MEPs and 2/3 of the votes cast. It can't dismiss individual Commissioners. 5. Appointing the Commission Originally, the EP had no sayin the appointment of the commission. Under successive treaty amendments, it gained the right to elect the governments' nomination for President and subsequently hold a vote of consent for the new college of commissioners.
History: Main debates in Eurozone Crisis
1. Economic Debate Advocates of budgetary discipline (and austerity; orthodox neoliberal perspective) vs advocates of economic growth (and employment; Keynesian) - Budgetary Discipline: Pros: in short term, it'll placate markets and credit rating agencies and reduce the cost of borrowing; in the longterm, economic discipline will restore eurozone economy and competitiveness. Cons: undermines process for recovery by reducing consumption and aggregate demand. Social consequences. - Economic Growth Pros: 2. EU Integration Debate -- about integration and national sovereignty.
Institutions: The Decision -making Institutions (the Union Method) of the EU
1. European Council (Apex of EU -- guides direction of all EU policies) - Serves political role rather than a legislative role as in Council of Ministers - the main agenda-setter of the EU; but it does not legislate - Sets the EU's financial envelope for a seven-year period 2. The Commission - submits legislative proposals to the Council of Ministers <-- formally only institution with the right to propose legislation, but must follow agenda - w/ Court of Justice, ensures that member states fulfill obligations, although national authorities are ultimately in charge - proposes the annual budget - Commissioners have to abandon all national allegiances during their tenure of office, and they are bound by the principle of collegiality. 3. Council of Ministers - consists of representatives of the member states - The Council makes decisions on proposals from the Commission either unanimously or through QMV. 4. The European Parliament - proposer of legislation, and joint legislative decision makers with the Council - In most policy areas, the ordinary legislative procedure (OLP) applies, under which the EP, taking its decision by simple majority, co-legislates with the Council, which may decide by QMV. 5. Consultative Committees: A. The Economic and Social Committee - consists of members of interest groups from general public B. The Committee of the Regions - Created by the Maastricht Treaty: given the right to be consulted on proposals that affected regional and local interests, and the right to issue opinions on its own initiative.
Institutions: What was the structure of the ECSC?
1. High Authority (what is now the European Commission), the first ever supranational body which served as the Community's executive, the first president of which was Jean Monnet. The HA did not represent their member states, just the common interest. 2. Council of Ministers: The member states' governments were represented by the Council of Ministers. Its task was to harmonise the work of national governments with the acts of the High Authority, as well as issue opinions on the work of the Authority when needed. 3. The Common Assembly, what is now the European Parliament: was composed of 78 representatives. The Assembly exercised supervisory powers over the executive. 4. The Court of Justice was to ensure the observation of ECSC law along with the interpretation and application of the Treaty. 5. Finally, there was a Consultative Committee (what is now the Economic and Social Committee) which had between 30 and 50 members, equally divided between producers, workers, consumers and dealers in the coal and steel sector. This grouping provided a chamber of professional associations for civil society and was in permanent dialogue with the High Authority on policy and proposals for legislation.
Institutions: The Powers of the European Parliament
1. Legislative - the EP shares final decision on most proposals with the Council (co-decision) - Consent is required for the enlargement of the EU and agreement with third countries - delivers opinions on proposals under the consultation procedure it limited number of policy areas 2. Budgetary - Its approval required for annual budget 3. Supervisory - Approves appointment of Commission President - Approves the appointment of the College of Commissioners after public hearings - The Power to dismiss the College if it disapproves of its conduct. The main steps in the transformation of the weak EPA into the much stronger EP: - the introduction of direct elections by universal suffrage of 1979!!!!! <-- Very IMPORTANT - Isoglucose ruling of the ECJ, giving the Parliament de facto delaying power - Treaty of Maastricht bringing the co-decision procedure, and the Treaty of Amsterdam and Lisbon which extended the scope of co-decision.
Policy: EU Single Market: Four Stages
1. Original Decision The original commitment to create a common market can be explained by liberal intergovernmentalist framework. According to neofunctionalism, the success of the ECSC led to other groups of producers to put pressure on their governments to extend the common market to their producers so that they could benefit too. But there's no evidence of this. So the single market is not because of political spillover. Instead, the initiative was taken by the heads of small states (Benelux) in pursuit of what they perceived as their national interest in being a part of larger economic grouping <-- intergovernmentalsim 2. The Acceleration Agreement The original decision wasn't a result of spillover -- but the acceleration of the removal of internal tariffs and quotas, and erecting a common external tariff was a result of political spillover. 3. The 1992 Program The decision to adopt the 1992 Program was the result of structural factors. As the European countries were recovering from the post-1979 recession. European industrialists said that what would encourage them to invest in Europe would be the creation of a continental market such as that which they experienced in the US. It was therefore in an attempt to revive investment and economic growth that governments embraced the single market program. 4. The Success of the Program - the ECJ became very important in interpreting new commitments; and new norms were spread throughout the EC. The ECJ handed down judgements that favored free-market interpretations. - The move of QMV in the Council of Ministers on single market measures was also important to the success of liberalization in this sector Conclusion: The creation of an ever more integrated single market has been accompanied by a normative debate among political economists, with some highlighting its positive economic and social benefits and other points to its negative outcomes.
History: (1950) What were the reasons for the Schuman Plan for Coal and Steel?
1. Prevent further war between France and Germany. He declared his aim was to erase the potential for fighting over energy resources and to "make war not only unthinkable but materially impossible. 2. Ensuring supplies of coal to French Industry
Institutions: What was the structure of the EEC?
1. Supranational Commission: Similar to High Authority w/ 9 commissioners appointed by national governments that makes proposals to the Council of Ministers and implement the Treaty of Rome. 2. EU Council of Ministers -- representatives from each member state on different issue areas. Not a single body -- it meets in different formats depending on subject being discussed. The council voted on proposals from the Commission by qualified majority vote. 3. European Parliamentary Assembly: Purely consultative body. 4. Economic and Social Committee 5. European Court of Justice to interpret the provisions of the Treaty of Rome and to act as arbiter in disputes on Community decisions
Policy: The Enlargement Procedure
1. The EU Council considers whether the application is acceptable in principle. If it is, then the Commission produces official Opinion on the application recommending whether to proceed to negotiations immediately or to delay. The rec. to delay is to give the applicant time to strengthen its claim to be ready for membership. 2. Negotiations commence often through correspondence rather than formal meetings. They are coordinated by the commission and overseen by the Council of Foreign Ministers. 3. When agreement is reached, the terms are passed to the European Council for formal approval. Assuming approval is given, the Ascension Treaty is is drawn up with each applicant state. The treaty needs to be ratified by the EP and by either the national parliament of the applicant state or by referendum depending on the constitutional procedures of each state.
History: (1992) Maastricht Treaty Three Pillars
1. The European Community : handled economic, social and environmental policies. It comprised the European Community (EC) (previously known as The European Economic Community (EEC) before Maastricht), the European Coal and Steel Community (ECSC, until its expiry in 2002), and the European Atomic Energy Community (EURATOM). - establishing a common market - initiating the economic and single monetary policy - All member states of the European Union, except Denmark and the United Kingdom which negotiated opt-outs from the provisions, are obliged to adopt the euro as their sole currency once they meet the criteria, 2. The Common Foreign and Security Policy (CFSP): took care of foreign policy and military matters. - strengthen the security of the Union in all ways; to promote international cooperation; to develop and consolidate democracy and the rule of law, and respect for human rights and fundamental freedoms. 3. Police and Judicial Co-operation in Criminal Matters (PJCCM) brought together co-operation in the fight against crime. The first pillar was where the EU's supranational institutions—the Commission, the European Parliament and the European Court of Justice—had the most power and influence. The other two pillars were essentially more intergovernmental in nature with decisions being made by committees composed of member states' politicians and officials. All three pillars were the extensions of existing policy structures.
Institutions: The EU's INTERGOVERNMENTAL INSTITUTIONS
1. The European Council: Summit meetings of the heads of government 2. The Council of Ministers: Consists of representative of each member state at "ministerial level." It meets in 10 different formations depending on the subject matter under consideration. 3. The Presidency: The Lisbon Treaty turned the presidency into a trio of three states chairing the Council meetings across an eighteen-month period. Each president gets 6 months. 4. The Secretariat: The state holding the presidency is assisted by a Council of Secretariat. 5. The Committee of Permanent Representatives: The ambassadors of the member states to the EU. 6. High-Level Preparatory Bodies and the Working Parties:
Policy: EU Policy Process
1. The process begins with the Commission drawing up proposals for legislation, at which stage it will consult widely with interest groups, technical experts, and national government officials, as well as with MEPs. - The TEU introduced two intergovernmental pillars of the EU -- CFSP and JHA -- where EC rules do not apply. Lisbon destroyed the three pillar structure, but CFSP still has its own largely intergovernmental rules of procedure. - To allow governments to pursue European solutions to their policy problems without delegating as much responsibility to the Commission, less formal and more intergovernmental procedures were introduced in the form of "open method of coordination" (OMC) Once an issue is accepted as a legitimate item on the policy agenda of the EU, a process is set in motion around the formal institutional procedures that are described in Ch. 12 (Decision-making procedures) - Commission formulates a proposal for legislation Other procedures have appeared for governments to pursue European solutions to their policy problems without delegating as much responsibility to the Commission.
Institutions: The EU Council of Ministers Committees and Presidency
A large number of Council decisions are actually taken lower down the decision hierarchy. Arguments that the Council is a supranational entity are strongest at this level. 1. COREPER: The formal filter beneath the Council. It prepares the agenda and meetings of the Council 2.High-level preparatory bodies: The Political and Security Committee (PSC), for example, that is responsible for CFSP and European Security and Defense Policy (ESDP) coordination 3. Under the original treaty provisions, a different member state assumed the presidency of the council every six months. States holding the presidency were able to advance their interests during their term in charge of the EU's agenda. Because of its briefness and demands, the presidency was amended by the Lisbon Treaty --> A Trio Presidency of three member states, spanning an eighteen month period.
What the EU Member States?
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.
Policy: Levels of Economic Integration Table
Basic Elements of the Stages of Economic Integration: Free Trade Agreement (FTA): Zero tariffs between member countries and reduced non‑tariff barriers Customs Union (CU): FTA + common external tariff Common Market (CM): CU + free movement of capital and labour, some policy harmonization Economic Union (EU): CM + common economic policies and institutions
Institutions: The Court of Justice of the European Union (CJEU)
Comprised of three courts: 1. The Court of Justice 2. The General Court 3. The EU Civil Service Tribunal The EU Court of Justice is the most important: Makes binding decisions on disputes over Treaty provisions or secondary legislation (directives & legislation) <-- has been criticized for encroaching on the sovereignty of nations and practicing judicial activism
History: What was the Schuman Plan for Coal and Steel?
Proposed by French foreign minister Robert Schuman, but devised by Jean Monnet, on May 9, 1950, for the creation of a single authority to control the production of steel and coal in France and West Germany (now Germany), to be opened for membership to other European countries.
Institutions: European Court of Justice: Post-Maastricht Trends
Subsidiarity and differentiated integration along with a maturing of the system have encouraged diversity in the EU legal system, while the ECJ has matured towards the role of an EU constitutional court.
Institutions: European Court of Justice Functions
The Court may hear several different categories: 1. Failure to fulfill an obligation under the Treaties or EU secondary legislation. 2. Application for annulment: All entities of the EU may apply to the ECJ as plaintiffs for the annulment of EU acts or legislative acts. 3. Failure to Act: The court may review the legality of a failure to act by a Community institution (the EP, EU Council, the Council, the Commission, or the EU Central Bank), and penalize silence or inaction. 4. Actions to establish liability: In an action for damages, the Court rules on the liability of the EU for damage caused by its institutions or servants in the performance of their duties. 5. Appeals Hears appeals, on points of law only, against judgements given by the General Court in cases within its jurisdiction. 6. Reference for preliminary ruling: Preliminary rulings are judgements by the court on the interpretation of the Treaties or secondary legislation arising under the Treaties. The ECJ cannot deliver a preliminary ruling unless it is asked to do so by a national court.
History: (1986) The Single European Act (SEA)
The Single European Act (SEA) was the first major revision of the 1957 Treaty of Rome. A core element of the SEA was to create a single market within the European Community by 1992, when - it was hoped - the legislative reforms seen necessary would have been completed. To make the objectives possible, the SEA reformed the legislative process both by introducing the cooperation procedure and by extending Qualified Majority Voting to new areas. Measures were also taken to shorten the legislative process. Cooperation Procedure: The procedure's introduction by the Single European Act marked the first step toward real power for the European Parliament.[1] Under the procedure the Council could, with the support of Parliament and acting on a proposal by the Commission, adopt a legislative proposal by a qualified majority, but the Council could also overrule a rejection of a proposed law by the Parliament by adopting a proposal unanimously. -- was one of the principal legislative procedures of the European Community, before the entrance into force of the Treaty of Amsterdam. It was retained after that treaty but only in a few areas. It was finally repealed by the Treaty of Lisbon in 2009.
History: (2009) Lisbon Treaty
The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the Maastricht Treaty and the Treaty of Rome. 1. Legal Consolidation: Abolition of Pillar Structure of EU The Lisbon Treaty has merged the European Community ("EC") and the European Union ("EU") into one entity - the European Union, which has also gained legal personality. One of the important consequences of merging the EU and the EC is the abolition of the so-called 'pillar structure' of the EU. This broadens the areas where the decisions are made by qualified majority, rendering EU action more efficient, especially in such areas as external trade or police and judicial co-operation in criminal matters. - The Treaty of Lisbon not only abolished this pillar system, but also the European Union succeeded the legal personality of the European Communities. Therefore, the EU is now able to sign international treaties in its own name. - In reality -- two pillars exist now. 1. CFSP 2. everything else in the common decision making method. These two areas do not merge. Defense and security one area that doesn't fit well with neofunctionalism. 2. Voting The treaty has expanded the use of qualified majority voting (QMV) in the Council of Ministers by having it replace unanimity as the standard voting procedure in almost every policy area outside taxation and foreign policy. 3. European Council Established as an informal summit in 1975, the European Council was formalised as an institution, thus being separated from the Council of ministers. 4. Parliament The legislative power of the European Parliament increases, as the codecision procedure with the Council of the EU is extended to almost all areas of policy. The EU commission submits proposal and both the council and parliament must cosign it in order for it to pass.
History: (1957) What was the Treaty of Rome?
The Treaty on the Functioning of the European Union, also called, the Treaty of Rome brought about the creation of the European Economic Community (EEC), the best-known of the European Communities (EC). The TEEC proposed the progressive reduction of customs duties and the establishment of a customs union. It proposed to create a single market for goods, labour, services, and capital across the EEC's member states. It also proposed the creation of a Common Agriculture Policy, a Common Transport Policy and a European Social Fund, and established the European Commission. France joined and accepted a common market for industrial goods, but only because they were able extract concessions on Euratom, agriculture, and overseas territories.
Policy: Single Market History
The aspiration to create a common market was fundamental in the decision in the mid-1950s to set up the European Economic Community (EEC). Treat of Rome (EEC) was cased upon a customs union and the free movement of persons, services, and capital. Together these objectives constitute the construction of a single European market (SEM). The decision to create a common market reflects two main motivations for setting up the EEC: - to avoid a return to the national protectionism that had been economically disastrous for Europe between the world wars, and to promote economic expansion by creating a large internal market for European producers that would rival the large US market.
Institutions: European Commission
The commission initiates legislation (in all areas under the Union method, with the exception of the area of freedom, security, and justice), may act as a mediator, manages some policy areas, is the guardian of treaties, is a key actor in international relations, and the conscience of the EU
Institutions: The European Parliament Composition
The one directly elected institution of the the European Union (EU), rather than being elected by parliament There are 751 members of the EP (MEPS) divided between the member states on a basis of population size, although the small countries are somewhat over-represented to strengthen their voice. (France, Italy, Germany, UK have the most seats) The members of the EP (MEPS) are elected once every five years. The EP has a - President (elected by MEPs) - Bureau (President, 14 Vice-Presidents) - Conference of Presidents - Secretariat
Institutions: Codecision Procedures
The procedure was introduced with the Maastricht Treaty as the codecision procedure and was initially intended to replace the Cooperation procedure (see below). The codecision procedure was amended by the Treaty of Amsterdam[9] and the number of legal bases where the procedure applies was greatly increased by both the latter treaty and the Treaty of Nice. It was renamed the ordinary legislative procedure and extended to nearly all areas such as agriculture, fisheries, transport, structural funds, the entire budget and the former third pillar by the Treaty of Lisbon.
History: (1965) The Empty Chair Crisis and the Luxembourg Compromise
The proposal for the financing of the common agricultural policy (CAP), drawn up in 1965 by Walter Hallstein, President of the Commission, marked the beginning of what was known as the 'empty chair' crisis. - The Commission proposal was geared towards the development of the Communities' own financial resources, and conferred additional budgetary powers on the European Parliament and allocated a greater role to the Commission. - Moreover, the progression, on 1 January 1966, to the third stage of the transitional period for the establishment of the Common Market was to involve the application of qualified majority voting in the Council of Ministers. France could not agree to this development, which it regarded as an unacceptable renunciation of sovereignty. France was also afraid that a coalition of Member States might, on the basis of a majority decision, challenge the common agricultural policy, which France had persuaded its partners to accept only with great difficulty. - On 1 July 1965, the French Government recalled to Paris the French Permanent Representative in Brussels and announced France's intention not to take its seat in the Council of Ministers until it had its way. This was the beginning of the extremely serious 'empty chair' crisis. It was the first time since the entry into force of the Treaty of Rome in 1958 that the EEC had been prevented from operating by the actions of a Member State. Luxembourg: For six months, France stayed away from Brussels and boycotted the Community. Aware, however, of the risks of prolonged isolation and its impact on the national economy, it eventually agreed to resume negotiations. At the meetings held in Luxembourg in 1966, Pierre Werner, Prime Minister of Luxembourg and President-in-Office of the Council, proposed a compromise solution. This compromise stipulated that, where a country believed that its vital national interests might be adversely affected, negotiations had to continue until a universally acceptable compromise was reached. Should no such compromise be reached, France demanded compliance with the unanimity rule (i.e. giving the State in the minority a right of veto), while the Five held to the letter of the Treaty. Noting this disagreement, the Six decided, nonetheless, that Community activities should resume. The document, which fundamentally altered the spirit of the EEC Treaty by creating a new mechanism by which States could exert pressure on the Council, did not, however, define what was meant by 'vital national interest' or provide for an arbitration procedure in the event of dispute. Since then, the 'Luxembourg Compromise' has frequently been invoked by Member States in order to block majority decisions. Contrary to the literal interpretation of the text, they have used the compromise in practice to make unanimity the normal decision-making procedure. The national delegations have therefore allowed the Luxembourg Compromise to degenerate into a right of veto with regard to sometimes minor issues. Under this arrangement, the Council agrees to continue discussions until such time as all the Ministers are satisfied with the proposed solution. While the Luxembourg Compromise allowed the Six to break the deadlock, it created a situation which sometimes gave rise to a certain resistance to change, for fear that the negotiations might be blocked, and imposed a de facto limitation on the Commission's right to propose legislation. - This political loophole, which became increasingly unmanageable as the number of Member States increased, was partially corrected by the application of the Single European Act, which, from 1 July 1987, considerably broadened the range of decisions that could be adopted by qualified majority.
Policy: Single Market History: Post 1992
Transposition and Enforcement Once a directive is agreed by the Council of Ministers, it has to be transposed into the national laws of the member states. This posed a problem in the decade after 1992 as member states were slow in transposing the directives. Even when the member states have transposed internal market legislation, it still has to be enforced, and the record of national governments on this is variable. Problems w/ White Paper Some issues that member states couldn't agree on: 1. tax harmonization 2. company law Agreement on both is necessary if there is to be a genuine single market in which countries can operate without regard for nation boundaries. Without harmonization of taxes and a common company statute, companies that operate in several different states face a complex patchwork of regulations and paperwork. Successes of Post-1992 Integration took place in telecommunications and energy (service industries). These were identified by businesses in the EU as two areas that most raised their costs of production. - tele and energy sectors were dominated by national monopolists, which most commonly were publicly owned. The Corfu European Council in June 1994 recognized the extension of the internal market to tele and energy as a priority to raise European competitiveness.
Policy: EU Trade and Development Aid Major Treaties
When the European Economic Community (EEC) came into existence, economic relations were governed by the agreements reached at negotiations in Bretton Woods in 1944. And International Trade Organization (ITO) was proposed, but the US would not agree to it. General Agreement on Tariffs and Trade (GATT): To facilitate global free trade agreements, and to regulate trade disputes between states, a series of intergovernmental negotiations were initiated knows as the GATT. - Important features: - Concept of "most favoured nation" (MFN) Treatment: Meant that states would not negotiate more favourable deals with some partners than they were prepared to offer to all the participants in GATT. The EEC received special dispensation from the MFN to allow it to dismantle tariffs on internal trade between member states, since GATT allowed for the creation of customs unions and free trade areas. Another area in which the EEC concluded preferential trading deals was in relation to the former colonies of the member states of the EEC; also agreements with prospective future members of the EEC. The GATT was eventually superseded by the World Trade Organization (WTO) in 1995. External Trade Policy: The EU is the world's largest trade entity. As of 2014, 28 member states accounted for 20 percent of total world trade. Trade policy is central to its external activities. In the negotiation of multilateral and bilateral trade agreements, the EU operates under the rules of its own common commercial policy. Before it can even enter into trade negotiations, the Commission has to get the agreement of the Council of Ministers on a negotiating mandate. The Member states meeting in full Council use QMV.
History: (1955) What were the Messina Negotiations?
a meeting of the six member states of the European Coal and Steel Community (ECSC). The conference assessed the progress of the ECSC and, deciding that it was working well, proposed further European integration. This initiative led to the creation in 1957 of the European Economic Community and Euratom.
History: (1987) Schengen Agreement
is a treaty which led to the creation of Europe's Schengen Area, in which internal border checks have largely been abolished. The Schengen Area operates very much like a single state for international travel purposes with external border controls for travellers entering and exiting the area, and common visas, but with no internal border controls.
History: (1997) What was the Amsterdam Treaty & what did it do?
made substantial changes to the Treaty of Maastricht. The Treaty of Amsterdam did the following: A. Increased powers for the Union - Intergovernmental cooperation in the areas of police and judicial cooperation was strengthened B. A stronger position for Parliament - Legislative Power: most legislation was now adopted by the co-decision procedure—and its detailed procedures, with Parliament playing a much stronger role. Parliament and the Council became co-legislators on a practically equal footing. - As well as voting to approve the Commission as a body, Parliament also had a vote to approve in advance the person nominated as President of the future Commission C. Institutional reforms with a view to enlargement - The Amsterdam Treaty set the maximum number of Members of the European Parliament, in line with Parliament's request, at 700 - Originally, the Schengen treaties and the rules adopted under them operated independently from the European Union. However, in 1999 they were incorporated into European Union law by the Amsterdam Treaty, while providing opt-outs for the only two EU member states that had remained outside the Area: Ireland and the United Kingdom.
History: (1967) Merger Treaty (EEC,ECSC, Euratom UNITE! & Goodbye to the High Authority)
merged the institutions of Euratom and the European Coal and Steel Community with those of the European Economic Community. The High Authority was the executive branch of the former European Coal and Steel Community (ECSC). It was created in 1951 and disbanded in 1967 when it was merged into the European Commission.
What is Supranationalism?
outside or beyond the authority of one national government, as a project or policy that is planned and controlled by a group of nations. A supranational organization is an international group or union in which the power and influence of member states transcend national boundaries or interests to share in decision making and vote on issues concerning the collective body. The European Union and the World Trade Organization are both supranational entities. In the EU, each member votes on policy that will affect each member nation. a type of multi-national organization where negotiated power is delegated to an authority by governments of member states.
Policy: History of EU Enlargement
1. The First Enlargement 1961 -- Britain, Denmark, and Ireland apply for membership of the EC. 1962 -- Norway applies for membership. The Nordic countries were dependent on their economic links w/ Britain. They could not afford to risk the loss of trade with their biggest customer that might result from Britain going into the European Economic Community (EEC) while they remained outside. 1962 -- France unilaterally vetoed the entry of Britain, and since other applications were dependent on British entry, the whole enlargement collapsed. 1967 -- Britain, Denmark, Norway, and Ireland apply again, and France blocked agreement on even opening negotiations 1973 -- Britain, Denmark, and Ireland finally became members, primarily because of a change in leadership in France -- de Gaule was replaced. - significance: Britain was powerful politically and economically -- the enlargement was based on these considerations 2. The Southern Enlargements 1981 -- Greece joins 1986 -- Spain and Portugal join In all three cases, political considerations overrode economic in the decision to enlarge. All 3 states had just emerged from dictatorship, and the desire to consolidate democracy and guard against a resurgence of authoritarianism was a key reason for their acceptance. EC membership was conditional on democratic government. - 3. The EFTA Enlargement Early 1990s -- Some member states of the EFTA inquired about membership. At first they were offered a form of close association that fell short of membership. They were offered membership in a new organization called the European Economic Area (EEA), which conferred all the benefits of the single market, but imposed EU social policy, consumer protection, and company laws without affording any formal voice in making those laws. Subsequently, though, they launched formal applications, and eventually 1995 -- Austria, Finland, and Sweden became members of the EU - the effects of this enlargement were slightly smaller than the others since these states were wealthy, culturally aligned, and closely tied to EC prior to membership - significance: created Nordic bloc of countries that supported one another on issues related to the environment and human rights - This enlargement was the result of previous success of the single market program 4. The Eastern Enlargement With the collapse of communism in 1989, the EC was faced with a large number of potential new members. 1993 -- The Copenhagen European Council accepted the legitimacy of the aspirations of the newly independent states to become new members, and laid down criteria that they would have to fulfill in order to join 1997 -- Negotiations began w/ Czech Republic, Estonia, Hungary, Poland, and Slovenia, plus Cyprus 1999 -- Negotiations begin w/ Latvia, Lithuania, Poland, Slovakia, Romania, & Malta Significance: Massive size of the enlargement entailed reforms of both policies (dealing with agriculture and structural funds) and institutions (the weighting of votes under QMV, the size of the blocking minority, the abandonment of the national veto in more policy sectors, and the size of the commission. - A result of a wish to consolidate democracy and capitalism in the former communist states. 4.5 Turkey: Its fluctuating membership prospects have been driven by both domestic politics and factors within the EU. The case brings into focus a number of questions about the limits of the EU, both geographically and in terms of its identity.
Policy: EU member state balance of policy competence
Areas of exclusive competence: - customs union, - rules for the internal market to make it competitive - monetary policy for eurozone countries - commercial policy - conserving marine bio Areas of shared competence: - environment and energy - agriculture and fisheries - economic, social, and territorial cohesion transport Areas of policy co-ordination - member states' own economic policies, employment policies, social policies. Areas of supporting, coordinating, or supplementary - human health, education, culture, civil protection ... etc. The Common Foreign and Security Policy: - The union has competence to define and implement a common foreign and security . policy
History: (1951) What organization did the Schuman Plan create, who participated in its negotiation, and what was the treaty that put it into effect?
Economic Coal and Steel Community; Belgium, Netherlands, Luxembourg, France, West Germany, and Italy. The Paris Treaty (1951) created the ECSC. The common market was opened in 1953. The United Kingdom refused to participate due to a rejection of supranational authority
Institutions: Important EU Treaties
Founding Treaties: - The Treaty of Paris (1951) - Two Treaties of Rome (1957) - Merger Treaty (1958): Merged the Councils and the Commissions of the three communities to establish a single council and a single commission of the European Communities. - Maastricht Treaty (1992): Introduced a Structure of of three pillars -- EC pillar governed by Treaty Establishing the European Community, and two intergovernmental pillars - The Treaty of Amsterdam (1997) - Legislative Power: most legislation was now adopted by the co-decision procedure—and its detailed procedures, with Parliament playing a much stronger role. - The Treaty of Nice (2001) - The Treaty provided for an increase after enlargement of the number of seats in the European Parliament to 732, which exceeded the cap established by the Treaty of Amsterdam. - Weight of voting: change the relative weight of the Member States, a subject that had been addressed by no other IGC since the Treaty of Rome. Since the 2009 Lisbon Treaty, governed by: - Treaty on European Union (TEU) - Treaty of Functioning of the European Union (TFEU), previously the Treaty establishing the European Community (TEC)
Theory: The Principle of Subsidiarity
In areas in which the European Union does not have exclusive competence, the principle of subsidiarity, laid down in the Treaty on European Union, defines the circumstances in which it is preferable for action to be taken by the Union, rather than the Member States. Decisions should be taken as closely and at the most immediate level to citizens. The EU must demonstrate that it can deliver policy more effectively than the member governments.
Institutions: European Court of Justice: Important Rulings (Judicial Review and Preliminary Ruling Cases)
JUDICIAL REVIEW 1. Isoglucose Case (1980): - In 1979, the Commission submitted to the EP a draft regulation on fixing quotas for the production of isoglucose -- a food sweetener produced from cereals -- to take effect from the beginning of July. When the EP couldn't agree upon the draft regulation, this meant that quotas could not be introduced at the desired time. But the Council agreed to adopt the draft regulation, and to reduce delay, the Commission acted on the approval of the Council and published the directive. - This led an individual affected by the directive to bring a case to the ECJ claiming that the Council and Commission acted beyond their powers by adopting the directive without having received the Opinion of the EP. The Court upheld the complaint arguing that the EP had a duty to formally issue a Opinion before a piece of legislation is passed. --> Did not give EP an effective power to veto legislation under the consultation procedure, but it did give it a significant power to delay legislation by holding back on formally delivering its opinion. 2. Les Verts v. European Parliament (1986) 3. European Parliament v. Council (1988) The EP argued successfully that it should be allowed to bring a case to the ECJ if the issue was one of another institution acting beyond its powers, rather than of not acting at all. The Court rejected the EP's arguments, but would eventually have a change of heart. 4. European Parliament v. Council (the Chernobyl Case) (1990) - The EP applied to the Court for a review of the procedure adopted for agreeing a public health regulation on the permissible radioactive contamination of food that could be sold for public consumption following the Chernobyl disaster. The Commission proposed the regulation under the Euratom Treaty and was subject to the consultation procedure. - The EP argued that the matter was a single market issue, and therefore should be introduced an article of the EEC Treaty. This would have brought it under the cooperation procedure, and given the EP a second reading. - The Court decided that the EP could bring the case because it was the ECJ's role to preserve the institutional balance. ECJ Rulings on the Nature of EU Law: PRELIMINARY RULINGS Cases that expanded the EU's legal order: 1. Van Gend en Loos - Under international law, treaties are held to impose obligations on the states that sign and ratify them, but neither to confer rights nor impose obligations directly on individuals. - But EU law asserted the principle of "direct effect," meaning the law confers rights on individuals. - A private Dutch company claimed its rights had been breached by the Dutch government when it levied a higher rate of duty on formaldehyde after the date on which was agreed in the EEC Treaty that there would be no increase in internal tariffs. The Dutch government claimed that it had no right to claim a right deriving from an international treaty. The Court demurred, claiming that a new legal order had come into existence with the signing of a Treaty, in which citizens could claim rights against their governments. 2. Costa v. ENEL (1964) In this case, the Court first asserted the supremacy of EU law over national law, even though there was no explicit authority for this in the Treaty. Question: Whether an act of the Italian Parliament, passed later in time than the Act that embodied the EU directive into Italian Law, took precedence. The Court said that it didn't. This struck at the heart of the principle of parliamentary sovereignty, which says that the later law overrides the earlier. But the ECJ was clear that national law does not override European law. 3. Van Duyn v. Home Office (1974) 4. The Facortame Cases (1990,1991) Established the principle of state liability -- that any government that did not properly implement European Law was liable to damages claims by its own citizens. 5. Francovich vs. Italy (1991)
Institutions: European Court of Justice: Why have member states accepted the radical jurisprudence of the ECJ? (The Intergovernmental and Neofunctionalis Case)
Intergovernmental Case: The ECJ helped to facilitate integration, but only to the degree that member state governments desired it. Although they sometimes contested cases brought to the ECJ, member states often accepted and applied the judgement after it was handed down. - The governments were under pressure from domestic interests that would be adversely affected by a particular interpretation of EC law, and so argued against it; but member states still accepted that they'd be better off in the long term if the rules of the single market were implemented by everyone, and for that to happen required an independent and impartial referee to adjudicate on disputed interpretations of the rules. To refuse to accept an adverse ruling would weaken the legitimacy of the impartial referee, and that was a cost that member states would be loath to pay. Neofunctionlist Case: The ECJ has used the legal system as a mask and a shield to advance EU integration further than the member states have wanted, and that it has recruited national courts to assist it in this process.
Institutions: Decision-Making Procedures within Union Method (For Legislative Procedures) <-- Post Maastricht
Main Procedures: 1. Commission formally publishes proposal after securing internal agreement 2. Co-decision (Ordinary Legislative Procedure) - Council uses QMV and does not have last word; Co-decision between the Council and EP. Neither institution may adopt legislation without the other's agreement. First phase: - national governments and the EP examine the proposal in their respective working groups and committees. The EP holds its first reading; decides to approve the proposal or suggest amendments. - In the case of an EP amendment: If the Commission revises and reissues a proposal, the Council may decide by QMV; if the commission has not revised its proposal, then the EP's amendments are only passed if unanimity is secured in the Council. - If the EP and the Council are of the same view, then the legislation is adopted Second Phase (If no agreement is reached) - A conciliation committee is set up -- tries to negotiate a mutually acceptable compromise text, which is then recommended to both institutions. If they agree on joint text, the legislation goes back to the Council and EP for final adoption --> if the Conciliation Committee cannot reach agreement, then NO legislation. 3. Consultation Method (of deciding on EU legislation): First: Commission submits proposal to Council Second: Council must seek out the opinion of EP (&ESC, where required) Third: Council can then choose to ignore or agree to the opinion, after which a final decision on the legislation had to be made by unanimity. --> The Lisbon Treaty has restricted the circumstances under which this procedure can be used. Consultation has been replaced with Co-decision in deciding on prominent policy areas. 4. Consent Prior to Lisbon Treaty, the EP could block decisions under what was then known as the assent procedure. Lisbon introduced the renamed consent procedure. Its main area of application is agreements with non-member states (including to accession of new members). Consent requires EP's agreement for a measure to be adopted.
History: (1952) What was the Plevan Plan and why did it fail?
Partly in the aim of creating a United States of Europe, two further Communities were proposed. During the time that the ECSC was being developed, parallel negotiations on another plan devised by Monnet — the Plevan Plan for a European Defense Community (EDC) and the European Political Community (EPC). The outbreak of the Korean War led to concern about the future defense of West Germany; fear of a possible communist takeover by East Germany. EDC collapsed, as well as the European Political Community (EPC) when France failed to ratify the Treaty
Policy: EU Minor Policy Areas
Policy areas arise mainly from the functional logic of handling problems at the EU level: fisheries, fraud, and some aspects of both public health and food safety Policies that arise predominately from spillover from the single European market: Policies on consumers, taxation, and some aspects of both food safety and the information society Policies to strengthen European Identity: Policies on culture and education Policies linked to the Lisbon commitment to make the EU the world's most competitive knowledge-based economy, now know as Europe 2020: Policies on enterprise, labour market reforms, research and innovation
Policy: Single Market History: The White Papers
Project 1992: The Commission's White Paper on Freeing the Internal Market The White Paper dealt with four freedoms: 1. Free movement of goods 2. Free movement of services 3. Free movement of labor 4. Fee movement of capital The aim of the White Paper was to remove physical barriers (elaborate border checks), fiscal barriers (rates of VAT and excise duties that needed to be harmonized), and technical barriers (national standards for products, barriers to free movement, public procurement rules)to these four freedoms of movement. Free movement of capital -- White Paper proposed three directives covering cross-border securities transactions, commercial loans, and access to stock exchanges in other countries. Public Procurement -- purchasing policies of public authorities, which in most member states discriminated in favor of national suppliers and contractors. The aim was to open the largest contracts to competitive bidding by firms from across the EC. National Standards -- "New approach" meant that any product that could legally be offered for sale in one member state should also be allowed to be offered for sale in every other member state, barring any health or safety risks. The Commission proposed minimum health and safety standards for all products.
History: (2001) Nice Treaty
The Amsterdam Treaty did not settle all institutional questions. Work was still in progress on reforming the institutions to make them capable of operating effectively and democratically in a much enlarged EU. The most pressing issues were the composition of the Commission and the weighting of Member States' votes upon qualified majority voting. 1. The Treaty provided for an increase after enlargement of the number of seats in the European Parliament to 732, which exceeded the cap established by the Treaty of Amsterdam. 2. Weight of voting: change the relative weight of the Member States, a subject that had been addressed by no other IGC since the Treaty of Rome. -- new methods of defining a qualified majority were considered: a new system of weighting (modifying the existing one). The number of votes was increased for all Member States, but the share accounted for by the most populous Member States decreased: previously 55% of votes, it fell to 45% 2. The question of a reduction in the size of the European Commission after enlargement was resolved to a degree — the Treaty providing that once the number of Member States reached 27, the number of Commissioners appointed in the subsequent Commission would be reduced by the Council to below 27
Institutions: Qualified Majority Vote (QMV) & Supranationalism
The Council of Ministers has two ways of taking decisions - unanimity, when everyone has to be in agreement - and qualified majority voting - a system of weighted votes. Under QMV, each member state is given a certain number of votes in the council, weighted according to its size and population. A qualified majority is reached if: 1. 55% of member states vote in favour - in practice this means 16 out of 28 2. the proposal is supported by member states representing at least 65% of the total EU population This procedure is also known as the 'double majority' rule. Why is this supranational? When unanimity is required, each Member State can block the action by voting against the matter at hand. When QMV applies, EU action can be taken over the objection of a Member State. Thus, whenever QMV is utilized there is the effect of undermining the sovereignty of an objecting Member State, because it is bound by the action despite its objection. Another way to characterize the phenomenon is to say that where a Member State loses sovereignty the EU becomes increasingly supranational in character. http://www.consilium.europa.eu/en/council-eu/voting-system/qualified-majority/
Institutions: The Court of Justice of the European Union (CJEU) Bodies
The EU Court of Justice is the most important: Makes binding decisions on disputes over Treaty provisions or secondary legislation (directives & legislation), and polices the boundary between EU and national law and politics. Comprised of three courts: 1. The Court of Justice - Most important cases, including those of political significance, are the responsibility of the ECJ. - takes place in Luxembourg; 28judges, 8 advocates-general - The ECJ's authority is confined to the Union business w/o any jurisdiction on Common Foreign and Security Policy. 2. The General Court - helps ECJ with the sheer volume of business that it had to get through. - can act in a range of circumstances, but is particularly important in hearing challenges by private parties adversely affected by EU measures, notably in competition law or external trade law 3. The EU Civil Service Tribunal - very specialized court that hears disputes between employees of the EU institutions and the institutions themselves, and not of political significance
History: (1957) What was EURATOM and why was it created?
The Euratom Treaty, established the European Atomic Energy Community, was signed in 1957, at the same time as the Treaty establishing the European Economic Community (EEC Treaty). As a result of the Suez crisis over control of the Suez Canal, the ECSC Common Assembly proposed extending the powers of the ECSC to cover other sources of energy. However Jean Monnet desired a separate community to cover nuclear power, concluding that further nuclear development was needed to fill the deficit left by the exhaustion of coal deposits and to reduce dependence on oil producers.
Institutions: Evolution of European Commission: Composition and Appointment
The European Commission consists of a College of Commissioners and a permanent civil service. Political Direction is given by the College of Commissioners. Until 2005, each state had one Commissioner, and the larger member states (France, Germany, Italy, Britain, and Spain) had two each. After Nice, the # of commissioners would be limited to one per state. Lisbon made provision for this rule to remain in place, in order to appease the Irish people. This has made it hard to find meaningful responsibilities for each Commissioner, especially in the even of future enlargement. Debate: Is the commission from a neofunctionalist view the motor of integration or the interngovernmental view that it is no more than a servant of member states. Is it an agent of member states, acting at their behest or is it an autonomous actor in its own right? -- It is only an agent of member states: Its function is to make it easier for governments to find agreements on the details of cooperation with each other. Commission is reliable source of independent proposals. -- the Commission is efficient and credible -- guardian of the treaties that -- Autonomy of the EU Commission: sole right to propose legislation in response to a problem w/o waiting for member states, its ability to locate allies among among influential interest groups, its powers to act against monopolies, its power to utilize and create transnational networks of producers who will be its allies in the private sector and bring pressure to bear on governments to transfer competence in a sector to the EU level. Commission vs. EP 1. Since Maastricht, the EP has the right to request that the Commission submit any appropriate proposal on matters on which it considers that a Community act is required for the purpose of implementing this Treaty. This demonstrates EP's equal legislative initiative. 2. Codecision reduces its authority as the motor of integration because its proposals must satisfy a majority in the EP and in the Council of Ministers. While it used to take unanimity in the Council to amend the Commission's proposal, it now only take a qualified majority in the Council and a simple majority in the EP. This erodes the Commission's autonomy. Implementation 1. Implementation Problems - the extension of EU competencies into new policy sectors led to a much larger body of legislation to implement and difficulty in implementing them - Poor management and accountability structures within the Commission - There are few policy sectors in which the Commission has direct implementation powers and for most internal policies, the Commission sits at the apex of a multi-level system of implementation that extends down to the central authorities of the member states, then below them to sub-national authorities and agencies. The problem is ensuring that these agents do not pursue their own agendas. - the # of agents that it has to monitor has been increased by the fragmentation of public administration that has taken place in many member states. The Lisbon Treaty added further complexity because it brought together administrative capacity from both the Commission and the Council of Ministers. The implementation role of the Commission could not be increased further without an increase in its size and resources. 3. Implementation Reforms - Lisbon Treaty: Made Commission increasingly subject to political interference with performance of its implementation function because of the reform measures taken to deal with the democratic deficit. Nomination of the Commission President must take into account the elections to the EP. This threatens credibility and independence principle that lies behind delegation to the Commission. - Financial Reform: 1999: Poor financial management of the Commission led to reforms. The Maastricht Treaty upgraded the status of the Court of Auditors to that of a full EC institution, and raised the status of budgetary discipline to and sound financial management to central principles.
What is the European Union (EU)?
The European Union is a political and economic union of 28 member states that are located primarily in Europe.
History: What was the major flaw in the ECSC?
The High Authority's powerlessness revealed the inadequacy of sectoral integration for which it was responsible and which did not cover competing energy sources such as oil and nuclear energy. *The High Authority: The High Authority was the executive branch of the former European Coal and Steel Community (ECSC). It was created in 1951 and disbanded in 1967 when it was merged into the European Commission. The ECSC expired in 2002.
Institutions: Post-Lisbon's Union Method
The Union method refers to decision making processes in the European Union which emphasize the roles of the supranational decision making bodies such as the European Commission, the European Parliament and the Court of Justice of the European Union. It can be contrasted with intergovernmental decision making processes used in the former second and third pillars of the Union in which the Commission and Parliament played more minor roles, and to intergovernmental cooperation outside of the formal EU processes, such as the Schengen Agreement before the Amsterdam Treaty.
Institutions: The EU Council of Ministers
The council meets in a variety of formations depending on the subject under consideration. Since being set up as part of the European Coal and Steel Community, two things remain the same about the institution: 1. It is the institution that enshrines the importance of member governments in the EU 2. It remains the focal point of the making of EU legislation, but has been joined increasingly over recent years by the European Parliament as a co-legislator. Principle Functions: 1. Legislative Function: The Council's role is as legislature. The council meets in public when voting on a legislative act. 2. Executive Function: The Council taking decisions that are not legislative in character, such as in the case of the CFSP. Although the EU Council typically sets policy guidelines, there are some policy areas in which the Council steers the course of policy, such as overseeing the details of enlargement negotiations. 3. serve as a forum in those policy areas in which member state policy is being coordinated. <-- "Open Method of Coordination (OMC)" which has increased the forum function of the council. Voting: The practice of QMV is used 90% of the time. The rest of the time, unanimity applied. The case that the Council of Ministers is a Supranational Organization, rather than an Intergovernmental Organization: - The ministers and officials from the member states are partners who work together to agree to legislation that is then binding on all member states. - the provision for qualified majority voting changes the calculation of ministers away from hard bargaining based only on national interests. When unanimity is required, each Member State can block the action by voting against the matter at hand. When QMV applies, EU action can be taken over the objection of a Member State, so a willingness to work with the other member states to create bilateral legislation is important. - the Council must work with the European Parliament in the ordinary legislative procedure (co-decision) - There is evidence of socialization into shared values among participants at al levels in the hierarchy of intergovernmental institutions
History: (1992) Maastricht Treaty
The treaty founded the European Union and established its pillar structure which stayed in place until the Lisbon Treaty came into force in 2009. - institutional structure, consisting of the Council, the European Parliament, the European Commission, the Court of Justice and the Court of Auditors - A European System of Central Banks and a European Central Bank were set up under the provisions of the Treaty in addition to the European Investment Bank and the European Investment Fund.
History: (1954) What was the Western European Union (WEU)?
the international organization and military alliance that succeeded the Western Union after the 1954 amendment of the 1948 Treaty of Brussels. The WEU implemented the Modified Brussels Treaty.
