european union midterm
Aims of the Union
ART 3 1. The Union's aim is to promote peace, its values and the well-being of its peoples. 2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime. 3. The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance. It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child. It shall promote economic, social and territorial cohesion, and solidarity among Member States. It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced. 4. The Union shall establish an economic and monetary union whose currency is the euro. 5. In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter. 6. The Union shall pursue its objectives by appropriate means commensurate with the competences which are conferred upon it in the Treaties
Intergovernmentalism
Argues that states (i.e., national governments or state leaders), based on national interests, determine the outcome of integration Individual interests (single national interests come first, votes are typically unanimous so one state can block everything) Cooperation
Values of the Union
Art: 2 TEU Values respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities These values are common to the member states in a society in which pluralism, non discrimination, tolerance, solidarity, justice, and equality between women and men prevail Respect of these values is a condition for membership (art. 49 TEU) Serious and persistent breach of these values by a members state (article 7 TEU) the Heads of State or Government in the European Council must unanimously determine the existence of a serious and persistent breach of the values and principles of the Union. This determination is made by the Heads of State or Government on a proposal by one third of the Member States or by the European Commission, and after obtaining the assent of the European Parliament. The Council may then, acting by a qualified majority, suspend certain rights deriving from the application of the EU Treaty and the TFEU to the Member State in question, including voting rights in the Council. New conditionality rule: regulation 2020-2092 on a general regime of conditionality for the protection of the union budget
Euro group
Close coordination of the economic policies of the Eurozone
Election of the members of the European Parliament (MEPs)
Directly elected members by the citizens No uniform electoral procedure, but in accordance with principles common to all Member States Every five years Strong democracy because citizens elect representatives directly Takes a long time because voting has to be organized differently, countries vote on different days and in different locations (voting takes place thurs-sun) EU citizens, if they live in another member state they can still vote for members of the european parliament
Other bodies
Economic and Social Committee Committee of the Regions European Investment Bank
The European Central Bank
Established by the Maastricht Treaty: the Maastricht Treaty (established the EU in 1992) officially came into force on 1 November 1993 and the European Union was officially established Administration of the monetary policy of the Member States that have the euro as their currency (Eurozone) European System of Central Banks: ECB and national central banks (limited powers because they don't have their own national currency) President picked by the european council for 8 years Where is the seat? Frankfurt Why? The euro was the extension of the german currency which reunified germany with the european union (needed to keep germany under control) increase the stability of the economy
Council of Europe
Established in 1949 Concentrated on human rights, peaceful conflict management 47 members including all the current EU Member States Decisions on all important questions require unanimity, which means that every country has a power of veto. The Council of Europe is therefore designed only with international cooperation in mind 1950: european convention of human rights: enabled a minimum standard for the safeguarding of human rights to be laid down for the member countries; it also established a system of legal protection which enables the bodies established in Strasbourg under the convention (the European Commission on Human Rights and the European Court of Human Rights) to condemn violations of human rights in the member countries 46 member countries, 6 observers (Russian Federation excluded from 16 March 2022)
The BeNeLux co-operation
From 1944 establishment of a common market among them (trade, customs, capital and workers) 1955: Messina Conference: how can such a co-operation function among 6 countries? -Spaak Report
Powers of the European Parliament
General comment: throughout the various amendments of the Treaties the EP has gained more and more power Legislative power: consultation procedure, assent of the Parliament and the co-decision procedure -together with the Council (since Lisbon: ordinary and special legislative procedures) In relation to the budget: adoption of the budget (together with the Council) and control over the implementation of the budget, once the financial year is over the court of auditors will give a report on how the budget went and the parliament will tell the commission if it was good or bad Inter-institutional relations: Spitzenkandidat: peak candidate, the groups of the european council propose candidates and one is chosen for president of the commission Monitoring of the council: reports of the Council are discussed, oral and written questions addressed, can call upon council members and ask them questions In relation to the European Council: the President of the Parliament attends the meeting and delivers a speech Monitoring the Commission: the EP discusses the annual report of the Commission, Commissioners can be questioned; approval of the President of the Commission and the Commission as a whole, before it takes up office; motion of censure against the Commission as a whole (parliament can only act against the commission as a whole) Other forms of democratic control: petitions, the role of the Ombudsman, committees of inquiry (Note: the right to petition and the right to present a complaint to the Ombudsman regard not only EU citizens, but any natural or legal person residing or having its registered office in the EU)
Protection of fundamental rights in the EU legal order
General principles of EU law (case 29,69 stauder) Charter of fundamental rights of the european union (2000) Accession to the ECHR (council of europe) Article 6 TEU Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law.
Composition of the European Council
Heads of State or Government of the Member States, President of the European Council, President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy also takes part in the works when foreign affairs issues are discussed.
Institutions of the European Union
Institutions can only act if they get that power from the treaties Principle of conferra: to confer power upon the institutions What has not been conferred in the treaties is left to the member states
The Council of the European Union
Interest of the member states Acts as a legislative body together with the parliament When there is a legislative proposal, the council discusses it separately from the parliament (both have to discuss and vote on them) Gives the mandate to the commission with guidelines so they can negotiate on it
Forms of cooperation and integration
Intergovernmentalism, functionalism and federalism Enhanced cooperation: To further the objectives of the Union, to reinforce the integration process To be used as a last resort, open to all Member States, at least 9 Member States participate in it Institutions, mechanisms, procedures laid down in the Treaties can be used Only in the fields of non-exclusive competences It shall not undermine the internal market or economic, social and territorial cohesion Examples of enhanced cooperation: divorce, European unitary patent, European Public Prosecutor Inbuilt forms of enhanced cooperation: eurozone and shengen zone (some member states do more to integrate the aspects of the european union or cooperate with other states more)
Accession to the EU
Legal basis: Art. 49 TEU (respects the values of the EU) Conditions of admission: copenhagen criteria (1993) 4 conditions: stability of the institutions (democracy, rule of law, human rights, respect for minorities), existence of a functioning market economy, capacity to cope with the competitive pressure and market forces within the union, and ability to take up the obligations of membership including the adherence to the aims of political, economic, and monetary union Technical aspects: acquis screening Adjustment to treaties: composition of the various institutions 1. A country is offered the prospect of membership. 2. A country receives official candidate status once it has met the conditions for accession — but this does not necessarily mean that formal negotiations have been opened. 3. Formal accession negotiations are entered into with the candidate country, in which the arrangements and procedures for adopting the applicable EU legislation are agreed. When the negotiations and accompanying reforms have been completed to the satisfaction of both sides, the findings and the conditions for accession are laid down in an accession treaty. First of all, the European Parliament must give its assent to this accession treaty by an absolute majority of its Members. The Council must then give its — unanimous — approval. Following this, the accession treaty must be signed by the EU Heads of State or Government and the accession country. The accession treaty must then be 'ratified' by the EU Member States and the accession country according to the respective constitutional provisions. With the deposit of the instruments of ratification, the accession process is completed and the accession treaty enters into force. The accession country then becomes a Member State.
Functions of the Council of the European Union
Legislative and budgetary role together with the EP Policy-making and coordinating role Development of CFS Conclusion of international agreements (mandate is given to the Commission for the negotiations)
Main Functions of the European Central Bank
Low inflation and price stability Definition and implementation of monetary policy Issuing banknotes (coins: Member States) Supervisor of the European banking union Bank notes are designed to promote communication, cooperation, and openness We have at least 20 different coins but most likely more (Vatican, san marino, andora, monaco, Montenegro, and cosovo have an agreement with the national bank to produce coins)
MEP's
MEPs: max n. 750 plus the President of the EP -after Brexit 705 (president doesn't vote) Sit in political groups, according to political affiliation, not according to nationality (have to represent 1/4 of the european population) Voting: different people from a group of MEP's sit in different committees (ex: transport, agriculture, etc) They vote on single amendments Work organization: sessions, seat in Strasbourg but meetings in Brussels as well, Secretariat in Luxembourg Permanent and temporary committees
Euro Summit
Mirrors the european council with those who have introduced the euro Composition: Heads of State or Government of the Euro area countries, Euro Summit President, President of the Commission, President of the European Central Bank, President of the Eurogroup
Military Organizations
NATO: collective defense and collective support, it was conceived as part of a global security belt to stem Soviet influence, managing crisis and promoting stability Western European Union (1954-2011) Soviet answer: Treaty of Warsaw (Military and defense cooperation)
The Marshall Plan
Original design provided help and economic support for european projects 2 conditions: have to cooperate among themselves and eliminate poverty (added to the divide between the eastern and western countries of europe) 1948: Organization for European Economic Cooperation: liberalise trade between countries and promote economic progress in the Third World through development aid. 1960: Organisation for Economic Cooperation and Development (OECD) Soviet answer: Council for Mutual Economic Assistance (COMECON) 1949-1991
The European Commission
Origins: High Authority of the ECSC Represents the interests of the Union as a whole Members of the Commission: 27 commissioners, once they become a commissioner they no longer represent their own country, but the union, usually end up getting one commissioner from each member state, but not always (25 plus high representative and the president) below them are civil servants who have to have knowledge about the EU and speak two of the general languages A European Civil Service- organization and staff Member states propose commission members which the parliament votes on (majority) Ensures the application and representation of the treaties Oversee the function of the European Union
The European Parliament
Represents the interests of the citizens of the EU
Voting in the Council of the European Union
Represents the interests of the member states, council should be an intergovernmental institution Simple majority (50 percent plus 1) only for procedural issues Unanimity: (everyones interests must be respected, most intergovernmental) Qualified majority (QMV): a stronger majority than just simple majority (Why? More than just half agree to something, gets more people involved) Needed to speed up the economic integration process, QMV might be more sufficient as unanimity takes longer to get everyone on board QMV is now the norm and unanimity is less frequent Double majority: 55% of the Member States (at least 15 out of the current 27) and those who vote should represent 65% of the EU's total population (measure it frequently) Treaty requires blocking minority to be formed by at least 4 Member States (stops just the 2 or 3 biggest countries from being able to block everything)
Functions of the Commission
Role of initiative: legislation and policy-making Executive, administrative function: budget management, Structural Funds, research programs, etc. Guardian of the Treaties and supervisory functions: infringement of EU law, competitions policy, state-aids Can take member states to court if they violate EU law Representation at international level Has like 25 agencies with different mandates and authorities working with the commission
The European Council
Since 1974, but formalized in the Single European Act (a need to have a conversation among the heads of state in government) Why? Purpose was to call the most important people from all the member states (one with the most political power) Why? 60's establishment of common market and things were going well in the economy, but then the 70s oil crash occurred Established institutional structure was not sufficient (guidelines were elaborated, not legal but political, now most important political institutions) Art. 15 TEU, Arts. 235-236 TFEU
Super state or intergovernmental organization?
Supranationalism (one nation with all the powers) as well as individual state powers/competence (intergovernmentalism) EX: commission and the european court of justice are the supranational bodies of the european union, but european council and the council are intergovernmental bodies
The Court of Auditors
The "Taxpayer's representative" Control on revenues and expenditures (controls how money is spent) Controls the reliability of the accounts and the legality and the regularity of the underlying transactions All Institutions, bodies, natural and legal persons which manage EU money are subject to scrutiny Annual report with the observations of the CoA → EP grants the Commission discharge with regard to the implementation of the budget
What is the European Union?
The European Union (EU) is a supranational political and economic union of 27 member states that are located primarily in Europe the Member States have ceded some of their sovereign rights to the EU and have conferred on the Union powers to act independently In exercising these powers, the EU is able to adopt European legislation which has the same force as national laws in individual states. Hence the 'three pillars' upon which the European Union is built. The first pillar consisted of the European Communities: the EEC (renamed the EC), the ECSC (until 2002) and Euratom. The second pillar consisted of cooperation between the Member States under the common foreign and security policy. The third pillar covered cooperation between the Member States in the fields of justice and home affairs.
President of the European Council?
The President of the European Council (Charles Michel, gained experience with consensus because he was prime minister of belgium) Practical stability Elected by the european council itself (27), normally by consensus Works to ensure continuity and to have consensus, not easy considering there are so many members Belgium is a federal state, belongs to a group of ethnic minorities 2 ½ year terms renewable once
Freedoms of the European Union
The accession treaty often lays down transition rules for a country's accession to the EU, however, particularly with regard to the free movement of workers, the freedom to provide services and the freedom of establishment Feedom of movement for workers, freedom of establishment, freedom to provide services, free movement of goods and free movement of capital. These fundamental freedoms guarantee business people freedom of decision-making, workers freedom to choose their place of work and consumers freedom of choice between the greatest possible variety of products 4 fundamental freedoms of the EU: F ree movement of goods. Free movement of capital. Freedom to establish and provide services. Free movement of people
Neo-functionalism
The gradual and function erosion of state power for the benefit of the supranational entity EX: competition should be decided by one supranational body but the policies related to it also get sucked into it over time Transfer of power happens on a functional basis Integration
Functions of the European Council
The highest political forum, it provides the necessary impetus and general political guidelines for the development of the Union
What are the institutions?
The institutions according to the Lisbon Treaty in 2009 (art. 13 TEU) The Treaty of Lisbon merges the EU and the European Community into a single European Union Made fundamental changes to the existing EU treaties in order to strengthen the EU's capacity to act within and outside the Union, increase its democratic legitimacy and enhance the efficiency of EU action overall. In line with tradition, The European Parliament; the European Council; the Council; the European Commission; the Court of Justice of the European Union, the European Central Bank, the Court of Auditors Other bodies: e.g. Economic and Social Committee, Committee of Regions, European Investment Bank
Issue of governance
The legalized use of force is not present, so the EU is not an official government, but people comply because they all have common interests Checks and balances between states (ex: sanctions, or courts) Conditionality requirement: the condition to have EU money is to follow the rules and values, commission can suspend the funds
Unity or diversity?
The major problems of the present can be mastered only if the European countries speak and act in unison, while preserving their diversity Many people take the view that without European integration, it would not be possible to secure peace (both in Europe and worldwide), democracy, law and justice, economic prosperity and social security, and to guarantee them for the future. Unemployment, inadequate growth, security of energy supply and environmental pollution have long ceased to be merely national problems, and they cannot be solved at national level. It is only in the context of the EU that a stable economic order can be established and only through joint European efforts that we can secure an international economic policy that improves the performance of the European economy and contributes to social justice. Without internal cohesion, Europe cannot assert its political and economic independence from the rest of the world, win back its influence on the international stage and regain its role in world politics. Unity can endure only where equality is the rule.
Underlying idea
To overcome the weakness of an intergovernmental system (tracks and trains) Strong executive with supranational character (legislative power) EX: european commision Parliamentary assembly with embryonic elements of a federal system (parliament has gained more power over time, today within the legislative procedures is at the same level of power as the council) EX: European Parliament Council of ministers to respect national interests (important not to overstep their mandates) EX: The council of the european union/council of ministers) and The european council Institutional balance and the swinging pendulum To act on behalf of the union as a whole according to its interests
Function of the Euro Summit
To provide strategic guidelines on Euro area economic policy
Federalism
Transfer of power is based on a constitution EX: european parliament is a federal institution (cannot propose legislation but the approval of the parliament is necessary to put through legislation) European commission proposes legislation because they represent the citizens and the member states (the union) because they are supranational (those who review the laws represent citizens and member states/parliament and council)
Treaties in force
Treaty on European Union (TEU): The Treaty on European Union (EU Treaty — TEU) is divided into the following six titles: Common provisions (I), Provisions on democratic principles (II), Provisions on institutions (III), Provisions on enhanced cooperation (IV), General provisions on the Union's external action and specific provisions on the common foreign and security policy (V) and Final provisions (VI). Treaty on the Functioning of the European Union (TFEU): The Treaty on the Functioning of the European Union (TFEU) was developed from the Treaty establishing the European Community (EC Treaty). It has more or less the same structure as the EC Treaty. The main changes concern the external action of the EU and the introduction of new chapters, in particular on energy policy, police and judicial cooperation in criminal matters, astronautics or sport and tourism. Treaty Establishing the European Atomic Energy Community: The Treaty establishing the European Atomic Energy Community (EAEC Treaty) has been amended at different stages. In each case, the specific amendments have been made in protocols annexed to the Treaty of Lisbon.
The Court of Justice of the European Union?
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After WW2 ended, international organizations began to emerge
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Economic Cooperation
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Euro-Atlantic Cooperations
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Composition of the Council of the European Union
1 person (government official, usually a minister) from each Member State, at ministerial level Which one? Depends on council configurations (whichever minister works with the specific issue at hand comes to the council to discuss) Member states decide which office the representative will come from COREPER (Committee of Permanent Representatives) I and II; approx. 150 working groups (civil servants negotiate the technical questions which they give to the COREPER) then move to the council
The European Economic Community (EEC)
1957: Rome, on the basis of the Spaak Report, 6 Member States European Atomic Energy Community (EURATOM) Treaty signed at the same time for the peaceful use of atomic energy Treaties of Rome of 25 March 1957, which created the European Economic Community (EEC) and the European Atomic Energy Community (Euratom or EAEC); Objectives of the Rome Treaty: preamble: "lay the foundations of an ever closer union among the peoples of Europe" mainly economic goals establishment of a common market including the elimination of trade restrictions free movement of goods, services, workers and capital common policies in the fields of agriculture and competition customs union and trade towards 3rd countries establishment of common institution and of procedures to adopt binding measures package-deal to respect national interest Overwhelmingly positive experience of the EEC until the end of the 1960s
The European Free Trade Association
1960- alternative solution to the EEC Much more limited
President of the Council of the European Union
6 months rotating presidency /Foreign Affairs Council permanently chaired by the High Representative of the Union for Foreign Affairs and Security Policy/ (prestigous position, current country is sweden) Always 3 presidencies working together in order to have a better overview to schedule the agenda (the council decides the rotation of the presidents)
European Coal and Steel Community (ECSC)
9 May 1950 Schuman Declaration: "any war between France and Germany" The 'Schuman Plan' finally became a reality with the conclusion of the founding treaty of the ECSC by the six founding states (Belgium, Germany, France, Italy, Luxembourg and the Netherlands) on 18 April 1951 in Paris (Treaty of Paris) and its entry into force on 23 July 1952. Coal mines on one side and steel industry on the other (trains and tracks reference) both very useful for military equipment Integrate Europe's coal and steel industries into a single common market based on the principle of supranationalism The Treaty created a common market among member states that stipulated free movement of goods (without customs duties or taxes) and prohibited states from introducing unfair competitive or discriminatory practices Delegation of legislative and executive power to common institution → any state in possess of sufficient capacity to prepare for war (give power to a person or organization or higher authority who can act on our behalf, also have to make sure delegate does not overstep, write it down in a treaty) Limitation of sovereignty Political and economic interests of the participating countries Great way for west germany to get out of isolation and member countries could keep germany in check Common market for steel and coal industries, removal of trade barriers, governance by common institutions ECSC: 1952-2002
