Transcript EUROPEAN INSTITUTIONS

EUROPEAN INSTITUTIONS
Tom Garvey
WHAT IS IT ??
• A STATE ?
• A CONFEDERATION ?
• A FEDERATION ?
• A SUPRANATIONAL UNION ?
* INTERNATIONAL
ORGANISATION
CONFEDERATION SUPRANATIONAL
FEDERATION
DEFINITION
UNION OF
STATES
SUPRANATIONAL
UNION
STATE AS
FEDERATION
SOVEREIGNTY
MEMBER STATES
SHARED
FEDERAL
LEGAL BASE
TREATY
TREATY ON
CONSTITUTION
CONSTITUTION
COMPETENCE
MEMBER STATES
CONFERRED BY
MS
FEDERAL STATE
DECISION
MAKING
INTER
GOVERNMENT
MIX CUMMUNITY
INTERGOV
FEDERAL
LEGISLATION
MEMBER STATES
DOUBLE TIER
FEDERAL
CITIZENSHIP
NATIONAL
BOTH
FEDERAL
ROBERT SCHUMAN
• INTERNATIONAL INDIVIDUALISM - - With limitations on sovereignty only on a
Contractual, occasional, and revocable basis
• FEDERALISM- - - Surrendering sovereignty to a superstate that
subsumes the independence of it’s member states
“ the supranational is situated equidistant from, on the one hand,
international individualism, and on the other, a federation of
states subordinationg themselves to a superstate “
Tony Blair ( Warsaw 2001 )
• “Europe is a Europe of free, independent
sovereign nationswho choose to pool their
sovereignty in pursuit if their own interests
and the common good, achieveing more
together than we can achieve alone.
• Europe will remain a unique combination of
the intergovernmental and the supranational.
• Such a Europe can be a superpower, but not
a superstate.
• WHERE SOVEREIGNTY IS POOLED , THE DECISION
MAKING PROCESS IS CALLED THE
• COMMUNITY METHOD
• WHERE SOVEREIGNTY IS NOT POOLED AND
MEMBER STATES RETAIN IT THE DECISION MAKING
PROCESS IS CALLED
• INTERGOVERNMENTAL
COMMUNITY METHOD
• ALL LEGISLATIVE PROPOSALS COME EXCLUSIVELY FROM
THE COMMISSION FOR DECISION BY THE EUROPEAN
PARLIAMENT AND THE COUNCIL
• THUS THE MEMBER STATES BENEFIT FROM HAVING ONE
WELL CONSULTED PROPOSAL TO AGREE, AS OPPOSED TO A
POTENTIAL 25 DIFFERENT PROPOSALS
• SOVEREIGNTY HAS BEEN POOLED ALMOST EXCLUSIVELY IN
THE OF TRADE AND ECONOMIC INTEGRATION
• FOR THE MOST PART THE PROCEDURE INVOVES QUALIFIED
MAJORITY VOTING BY COUNCIL , AND CO-DECISION WITH
THE PARLIAMENT
INTER-GOVERNMENTAL
•EACH PARTY BRINGS OWN
PROPOSAL
•UNANIMITY REQUIRED
From the outset the structures of the European
Community incorporated the capacity to handle
supranational and intergovernmental power.
The Commission , as the basis of the Community
Method , was the obvious institution representing
supranational power ( it did not concern itself with
national interests ) representing European unity and
supranational integration.
The Council was an intergovernmental body, the
ultimate decision making power, representing
supranational power when taking decisions by wualified
majority voting, but otherwise decisions were taken by
unanimity ( veto ) and vested national interests were the
norm
THE THREE PILLARS
Economic
integration
Justice and
internal affairs
Foreign and
defense policy
ACHIEVEMENTS
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CUSTOMS UNION
SINGLE INTERNATIOAL BLOC
SINGLE MARKET
ENVIRONMENT
CONSUMER PROTECTION AND ANTI-TRUST
ABOLITION OF FRONTIERS
COMMON CURRENCY
REGIONAL DEVELOPMENT
INTERNATIONAL AID
ENLARGEMENT
• BUT ALL IN THE ECONOMIC INTEGRATION SPHERE
HOW WAS THIS INTEGRATION
DELIVERED ??
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THE TREATIES
INFLUENCE OF PEOPLE
GLOBAL TRENDS
COLLAPSE OF SOVIET EMPIRE
THE ‘BENIGN ELITE’
THE INSTITUTIONS
COMMISSION
COUNCIL
EUROPEAN COUNCIL
PARLIAMENT
COURT OF JUSTICE
THE EIGHT STEPS
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INITIATION
IMPACT ASSESSMENT AND DRAFTING
CONSULTATION
ADOPTION BY COMMISSION
LEGISLATIVE PROCESS
ADOPTION
IMPLEMENTATION
ENFORCEMENT
INITIATION
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TREATY OBLIGATION
EUROPEAN POLICY COMMITTMENT
THE COMMISSIONER PLUS OFFICIALS
THE COLLEGE
INVITATION OF COUNCIL OR REQUEST OF
EUROPEAN COUNCIL
• AD HOC MEASURES
• INPUTS FROM OTHER STAKEHOLDERS
• INTERNATIONAL OBLIGATIONS
IMPACT ASSESSMENT
DRAFTING AND CONSULTATION
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COSTS AND BENEFITS
IMPACT ON OTHER COMMUNITY POLICIES
TECHNICAL CONSULTATIONS
CONSULTATIONS WITH OTHER STAKEHOLDERS ;
NGOs, BUSINESS, etc.
• LEGISLATIVE EXPERIENCE IN MEMBER STATES, OR
IN OTHER THIRD COUNTRIES
COMMISSION ADOPTION
• ON-GOING COOPERATION WITH
OTHER DGs
• ASSESSING THE NATIONAL POSITIONS
• DEAL MAKING
LEGISLATIVE PROCESS
Working groups of council: were we right?
Parliamentary committee(s)
Interest lobbying
Coreper: VERY IMPORTANT
Council common position
Over to the politicians
Implementation and enforcement
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Transposition
Implementation measures
Complaints from other MS or NGOs
Negotiations with MS
Recourse to ECJ
EUROPEAN COURT OF JUSTICE
• 15 Judges from MS plus 6 Advocates
General
• To ensure that in the interpretation and
application of the Treaties the law is
observed
• Final arbiter in inter institutional disputes
• Guards against Inst exceeding its powers
• Assures the supremacy of Community law
THE PROBLEM OF DOUBLE LEGITIMACY
• IN EUROPE 25 THE SIX BIBBEST STATES
ECH WITH 40 MILLION + ACCOUNT FOR 74%
OF POPULATION
• THE ELEVEN SMALL STATES WITH 5
MILLIONS ACCOUNT FOR 7% OG
POPULATION
• THIS IS THE PROBLEM OF “DOUBLE
LEGITIMACY”
• CAN PRINCIPLE OF EQUALITY OF CITIZENS
AND OF STATES BE COMBINED ?
COMMUNICATING WITH THE INSTITUTIONS
•ON POLICY
•ON LEGISLATION PREPARATION
•ON SECURING FUNDS
•WHO AND HOW TO DO IT
•ITS NOT A MYSTERY, ONLY A NOVELTY
COUNCIL
MEMBER STATES GOVERNMENTS
COMMISSION
LOCAL AUTHORITIES, BUSINESS, ACADEMIC
AND RESEARCH INSTITUTIONS, CHS OF
COMMERCE
PARLIAMENT
NO RESTRICTION
SOME GUIDELINES FOR COMMUNICATION
1. YOU HAVE A RIGHT TO , IT IS NOT AN
EXCLUSIVE PRESERVE OF THE CIVIL SERVICE
2. YOU MUST HOWEVER LEARN THE
PROCEDURES
3. PROPERLY PREPARED , YOU DO NOT NEED
THE HELP OF A PROFESSIONAL LOBBYIST
4. KEEP YOUR AUTHORITIES INFORMED
5. IDENTIFY THE RIGHT PERSON – do NOT try to
get at the one with the highest rank where legislation is
concerned
6. STRENGTH IN UNITY – easier to work through/with a
Federation if interests are parallel
7. APPEAR IN BRUSSELS – with a bit of nerve and
charisma you can develop personal relations
8. INVITE THEM TO SLOVENIA – on study tours ,
seminars , conferences , etc
9. “ROME WAS NOT BUILT IN A DAY”
10. LEARN OR EMPLOY LINGUISTS
FUNDING
In relation to the various EU Funds, remember that
the ‘fonctionnaire’ feels protected when dealing with
a;
Project, which is part of a programme
which contributes to a national strategy
which is related to national and community
objective
The ‘fonctionnaire’ abhorrs anything ad hoc !!
This means INTEGRATION and COOPERATION
You can do it
Everyone likes the smaller state
Ireland 1973 = 60% Community Nat
Income
Ireland 2002 = 120% Community Nat
Income
Don’t try to be smart !!!