Transcript European Integration

European Integration
Dr. Tatiana Romanova
School of International Relations
St. Petersburg State University
Tallinn, March 2010
Day 2
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History of European integration (1950spresent)
Institutions of the European Union
Early 1980-s
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Problems in integration:
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Paralyzed decision-making
Weak European Commission
High agricultural expenditures
New enlargement
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1967-1974 – no contacts with Greece – military regime
1976 – Commission – negative opinion
Council – political decision to accept Greece to the EC – 1981
Monetary integration
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R. Jenkins – European Commission president
Decreased exchange rate for USD and DM
European exchange rate mechanism – 1978 – on the basis of the
net of parities and indicators of divergence
Early 1980-s
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Thatcher: budgetary question
No fair taxation  British public will be against the EC - 1979
 1980 – deals of the Commission and British governance
(difference – 400 mln. ECU but Thatcher against)
 1980 – temporary agreement
 1983 – Stuttgart – new leaders (Kohl and Mitterrand)
Falkland war – Thatcher improved her reputation
Financial crisis in the EC  the need to reform the budget and
agricultural expenditures
 Fontainebleau: solution (66% of the annual difference between
the UK’s input and revenues from the EC budget)
Opened the road to reforms
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Early 1980-s: start of the
reforms
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Positive tendencies:
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Global deregulation
Partnership of the Commission and the business to improve the EC’s
competitiveness
Growing interest of the business to the internal market
Increased EP activity
New enlargements – Portugal and Spain (textile, migration,
agriculture + fishery in Spain)
1986
1983 – Genscher – Colombo declaration
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More effective decision-making
More assertive external policy
UK, Denmark, Greece: response – Solemn Declaration
Decision to form a special committee, which would decide on the
EU’s future institutional structure  1984
Early 1980-s: start of the
reforms
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Draft Treaty on the EU 1984 -Spinelli (Crocodile club)
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Priorities of J. Delors:
 Internal Market
 Changes in decision-making procedures
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Efficient decision-making, more competencies, elimination of
democratic deficit
New monetary policy
Competencies in the foreign policy and defence cooperation
Milan 1985: A. Cockfield White Paper on the completion of the
internal market; annex: 300 draft legal acts and timetable  1992
Programme
// Dooge Report :
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Homogeneous economic area
More QMV, increased EP competencies
More executive competencies to the Commission
Some new initiatives
Single European Act
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Italy calls for an IGC but UK, DK and GR against  vote on the
basis of art 236 (today 48 of the EU Treaty)
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Chain of IGC starts
2 working groups on economic and political cooperation
Single European act:
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Internal market is defined (4 freedoms) as the main goal – Completion
of the 1992 Project
2/3 of the QMV proposals are accepted
Increased EP role – more consultations, cooperation procedure, right to
approve association agreements and enlargements (to alleviate the
problem of democratic deficit)
Environmental policy, research and innovation policy, more cohesion
policies (doubled by 1992)
Recognition of the European council
Coordination of positions on political and economic aspects of security
Wish to have deeper political cooperation
BUT: not a barrier to membership obligations in the NATO and the WEU
Single European Act
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Ratification:
Danish Parliament is against but people are for at the referendum
 Italy and Greece postponed the process
Ratification finished – 28 October 1986
 Irish citizen appealed to the national court about the compatibility of
the SEA with the national constitution  Dublin has to change the
provisions of the national constitution and to call a referendum
Enforced in July 1987
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First budgetary perspective: goals
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Complete the internal market
Avoid the repetition of the financial crisis
Maastricht Treaty
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Why?
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J. Delors: acceleration of history (velvet revolutions, reunification of
Germany, disintegration of the Soviet Union) – EU is looking for a new
role
Reunification of Germany – procedural and political challenge to
Europe
Success of the internal market – to the monetary union
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Delors Committee report to the European Council in Madrid in June 1990 –
3 stages of the monetary union (the first one started in July 1990
Cooperation in the field of JHA
Strasbourg 1989 – Mitterrand calls for a new IGC
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For the monetary union
Kohl and Mitterrand – a letter the presidency on the democratic deficit
and the need for cooperation in the external political field and defence
Decision to have two IGC in parallel
Maastricht Treaty
Luxembourg:
Temple Structure
Belgium and the Netherlands:
a tree with branches
Black Monday
of the Dutch
Diplomacy
Maastricht Treaty
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Key provisions:
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European Union with 3 pillars
Stages of the EMU
New decision-making procedures (co-decision) – increased role of the EP
Committee of Regions
Social policy (later taken out on the insistence of the UK  start of the
flexible cooperation)
Ombudsman
Commission competences from 4 to 5 years
Citizenship
Ratification crisis:
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Denmark – referendum: 50,7% against (fear to loose national identity;
monetary union; role of small countries; fishery policy; power of the
reunified Germany in the EU; possibility of a European army; decrease of
economic and social standards)  special arrangements  second vote,
56,7% for
Ireland – 69% for, France – 51,5%
Maastricht Treaty
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Germany:
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Citizens appealed to the Supreme Court
The Court uphold the legality of the Maastricht Treaty but criticized the
EU’s growing democratic deficit
Delor:
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Transparency of institutions and procedures
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Subsidiarity is emphasized
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Green and White Papers
Simple legislation
Is it a legal limitation or political principle? (different for London and the EU)
Need for proportionality
Maastricht Treaty came in to force only in November 1993
Forth Enlargement
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Austria, Finland, Sweden, Norway – EFTA members
Why:
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Economic stagnation in the 1990s
Limited decision-making in the EEC-EFTA dialogue
Fear of being excluded from the EMU
Negotiations:
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1993-1994 – easy because substantial legal approximation
But memories of the 1986 enlargement, J. Delors initially offered
only EEA (12+7)
Difficulties: fishery, trans-Alpine transit, environment, agriculture,
support for the remote Arctic areas, tobacco use, rights to buy
houses in Austria; state monopoly on alcohol + neutrality
Forth Enlargement
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4 referenda:
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Norway– 47, 5% for (elite against grassroots)
Sweden – skeptical, refused to participate in euro
Finland and Austria took it as a security community
Consequences:
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Enlargement to the north (territory increased by 33%, population by 6,2%)
Prosperous countries – net contributors to the budget
Political traditions of democracy and transparency
Environment!
Free trade
Social policy
New perspective on EU-Russian relations
Neutrality
Amsterdam Treaty
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Why?
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Art. N of the EU Treaty – new IGC
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Maastricht left-overs
Correction of new procedures
Future enlargement CEEC + Malta, Cyprus, Turkey
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More than 25 MSs  need to correct procedures
BUT: Maastricht was delayed  little time for the
assessment
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Key issues:
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CFSP
Flexible cooperation
JHA
Amsterdam Treaty
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Maastricht experience  good advanced planning +
efforts to bring transparency
EMU and Stability Pact discussions obstruct the process
Decisions:
 Flexible cooperation )(as a measure of last resort)
 CFSP:
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PPEWU
High representative
Common strategies
Emergency brake
Petersberg tasks are included
Voting: QMV enlarged
Amsterdam Treaty
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Schengen acquis are communitarised (UK, IE,
DK!)
Communitarisaton of the part of JHA
Increased role for national parliaments – COSAC
Subsidiarity + transparency
Social protocol incorporated into the EC Treaty
Adjustment of the number of places in the EP
Fifth and Sixth Enlargement
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Applications of CEEC in the early
1990s
1993 – Copenhagen criteria +
recognition of the enlargement
prospects
Europe Agreements with
candidates
1997 – Luxembourg European
Council – first wave
1999 – Helsinki European Council –
second wave
2000 – Nice – institutional
adoptation
2004 – 8 CEEC + Malta and
Cyprus
2005 – Croatia, Macedonia and
Turkey are candidates
2007 – Romania and Bulgaria
Fifth and Sixth Enlargement
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Results:
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Bigger EU with more population  bigger market
Less prosperous EU with huge
regional disparities
Mostly net receivers from the EU budget strains on EU
expenditures
Mostly backward countries
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Need to reform industrial sectors
Need to reform their agricultural sector
EU had to adapt its policies
More heterogeneous EU
Wider variation in external priorities
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US
Russia
Post-Soviet space
Nice Conference
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Why?
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Protocol 7 to the Amsterdam Treaty (1 year
before the EU MSs exceed 20 – IGC on
institutions)
Cologne 1999 – issues:
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Size and composition of the European Commission
Distribution of votes in the Council
More QMV
// reform of the treaties
//Charter of Fundamental Rights
Nice Conference Results (1)
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EU will be ready for the enlargement by June 2004
European Commission:
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1 commissioner per MS, max 27, then rotation
As of 2005 big MSs will only have one commissioner
Appointed by QMV
The President will have the right to dismiss a commissioner
Council: new QMV (255 / 345) + majority of MSs + 62% of
population
24 new area for QMV (DE ruled out immigration, Spain –
financial perspective, UK - taxation, Sweden – environmental
taxes, FR – cultural policy)
Democratic control procedure (4/5 MSs if any MS violates
basic values)
EP: from 626 to 736
Nice Conference Results (2)
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ESDP: Petersberg tasks
Flexible cooperation:
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Charter of fundamental rights:
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Easier procedure
Can only be vetoed in the second pillar
Not just a repetition but a generalization of the most recent norms and
judicial decisions
Convention for the first time (wide representation of MSs and
institutions)
New IGC in 2004, issues:
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Division of competences between MSs and EU
Legal status of the Charter of Fundamental Rights
Involvement of national parliaments
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Simplification of treaties
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New IGC: new procedure
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Stage I: Convention
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105 members (V. Giscard d’Estaing, Commission, EP, national
governments and parliaments)
Prepared the Constitutional Treaty
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Stage II: IGC per se
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Discussion and correction of the draft of the Convention
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constitutional treaty - double legitimacy
Ratification:
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Simplification and codification of norms
New quality to the EU but without radical innovations
Referendum
Parliamentary ratification
Mixed procedure
Referenda in France and the Netherlands
Failure of the Constitutional Treaty!
Lisbon Changes
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Why?
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How?
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Changes were expected under the Nice Treaty
Failure of the Constitutional Treaty
Germany prepared the agenda
Portugal presided over the IGC
When?
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13 December 2007 – signature
1 December 2009 – entry into force after the second
referendum in Ireland
Lisbon Changes and Its
Consequences
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2 treaties, renumbering
Refusal from all state attributes
Principle of conferral
Competences: exclusive, shared, supporting
Increased influence of the national parliaments
(1/3 – yellow card, ½ - orange card)
The right
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to leave the EU,
to emergency brake (referral to the European Council),
to insist that a decision is not taken if state vital interests are
affected (55% to agree)
Easy procedure for enhanced cooperation (min 9, including
security and defence)
Lisbon Changes and Its
Consequences
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Permanent president
European Council Status
European Commission composition
EP composition
Modified procedures
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Voting in the Council (different QMV)
Team presidencies
Co-decision is a regular procedure (including justice and
home affairs)
More QMV
Stronger EP in the budget (change of the procedure, EP to
participate in multi-annual financial planning)
EP=Council in the comitology procedure
Lisbon Changes and Its
Consequences
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Future treaty changes:
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EP the right to initiate future treaty changes
Convention is a norm for future IGC
Facilitated procedure for minor treaties’ changes
Widening of the Court influence (exc. CFSP)
Citizens get the right to appeal to the Court of Justice and to ask
for new legislation (1 mln signatures)
States have the right to veto new legislation on labour mobility
Commission – increased competences in punishing the states for
budget deficit
Increased autonomy of the euro group
Council to take into consideration social dimension of the internal
market, sustainable development and non-discrimination
Lisbon Changes and Its
Consequences
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New legal basis for IPR, sport, space, tourism, civil protection and administrative
cooperation
Solidarity in the field of energy
Climate change prevention
Copenhagen enlargement criteria are integrated in the text
External relations:
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High Representative for CFSP
EU External Service
Legal Personality
Difference between external political and economic ties
Art. 7а – relations with neighbours + reciprocity principle
Solidarity clause (de facto, collective security – arts. 28а EU Treaty, 188r Treaty on the
FEU)
CFSP – intergovernmental procedures
Third pillar:
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Disappear in 5 years (single legal personality)
Commission – shared right to initiative
Division of Power in the EU
Political guidance
European Council
Executive Branch
--------------------European
Commission
+
National
governments
Legislative Branch
-----------------------Council of the
European Union
European Parliament
Drafts –
European
Commission
Judicial
----------------------European
Court of
Justice
Control
-------------------------------------------------------------------------------European Court of Auditors
Decision-Making Process
Council
of the EU
Decisionmaking
Political impulse
Drafts of
legislative
acts
European
Parliament
Consultation
Coordination
Co-decision
European Court
of Justice
Compatibility with the
EU law
European
Commission
Implementation
Control of MSs
Court of Auditors
Control of finances
c
o
n
s
u
l
t
a
t
I
o
n
European
Council
Economic and
social committee
Committee of
Regions
European Council
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1961 – 1974 – 7 summits
Institutionalised in the SEA – MSs + Commissin
Chair
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Tasks:
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Before 2010: country-presidency, rotation
Now: Herman van Rompuy – chairs the Council + represents the EU
in front of the EP and externally
To facilitate European integration at the highest possible level
To solve various conflicts
To determine priorities for political and economic cooperation
NO: legislative rights!
Minimum twice every six months
Can act:
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On consensus
Using the procedures of the Council of the EU
European Parliament
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Representative institutions from 1952
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Direct elections as of 1979
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Germany – 99
Luxembourg, Estonia, Cyprus - 6
Malta – 5
Lisbon – 750+1:
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Proportional system but with wide variations
Every 5 years
Nice – 736:
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С 1962 – adopted the name EP, legitimized in 1986 – SEA
Spain +4
France, Sweden, Austria +2
Bulgaria, Italy, Latvia, Malta, the Neth,
Uk, Slovenia, Poland +1
Elections: June 2009 – 736
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Current problem: how to elect 18 more
Key EP Structures
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Bureau – administrative decisions
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President
14 vice-presidents
Questors
Conference of Presidents – political
decisions
Conference of Committee Chairs
Key EP Structures
Fractions and not
European parties
Although efforts to
provide for some
Funding opportunities
encourage groupings!
EP
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Powers:
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Control of the European Commission
Participation in decision-making
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Power varies depending on procedures
Consultation  cooperation  co-decision
Assent – power to agree / refuse enlargement, association
Budget approval
The right to ask questions to the Commission, Council
Voting procedures: open, electronic, roll-call, sSecret
No of votes:
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Quorum – 1/3
Simple majority
Absolute majority
Absolute majority + 2/3 or 3/5 of the votes cast
Council of Ministers
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Represent MSs (as oppose to the EP)
Political representation
Functions:
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Levels:
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Decision-making
Policy formulation
Coordination
Budget
Council of Ministers per se (10 formations)
COREPER (1 and 2)
Working groups
+ Specialised committees
Presidency
Trio!
Council of Ministers: Voting
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Procedures:
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QMV
Until 2014
DE, FR, IT, UK - 29
ES, PL - 27
NL - 13
GR, CZ, HU, PT, BE – 12,
AU, SW - 10
FI, IE, DK, Slovakia, LI – 7
LT, Slovenia, EE – 4
CY, LU – 4
Mt – 3
RO – 14
BU – 10
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Unanimity
Simple majority
2014 – 2017 – transition perion
2017 – new system only
- 55% (72%) MSs
- 65% population
Pre - Nice
Nice
Lisbon
European Commission
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Features:
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Permanent
Collegiality
Technocratic
Independent
Functions:
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Composition
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Initially: big vs. small
Nice: one per MS
Constitutional Treaty /
Lisbon Treaty – 2/3 of
MSs
Corrected on the
insistence of IE
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Legislative
Information-gathering
Guardian of the treaties
Legislation under comitology (delegated legislation)
Control
Implementation of the budget
EU representation abroad
Approval of some decisions
Consultations with various parties and groups
European Commission
(appointment)
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5 years
Appointment of the President
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Council by QMV (in the composition of heads of states and
governments)
EP – approves
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R. Geleva
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MSs: suggests candidates
President of the Commission – chooses in accordance with
the division of competences
EP: committee hearings of each candidate
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EP: votes
Final approval by MSs
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 responsible to both EP and MSs
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European Commission:
Structure
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Political level
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President
College
High Representative – particular place
Administrative level
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DGs
Directorates
Units
Secretariat
European Court
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European Court of
Justice
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Court of First Instance
as of 1988
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27 judges
11 advocates general
Sit in smaller chambers
27 judges
Sit in smaller chambers
Specialised Chambers
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Independent:
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Cannot be changed
Immunity
Confidentiality
Cannot occupy other
positions
Jurisdiction
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Disputes between the Commission and MSs
Disputes among MSs
Work conflicts
Civil law disputes
Preliminary rulings
Control of future intergovernmental agreements
Disqualification of EU officials
Cases of annulments, of non-action, of compensation
Additional
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On industrial property
On respect to democracy
Court of Auditors
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Functions:
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Audit
Budget control
Info for the Council and the EP to free the Commission from the
implementation of the budget
Consultations
Appeal to the court to annul some decisions or to make institutions act
Est. in 1975, started working in 1977
Status of an institution in 1993
27 members, 6 years
Elect their president
EU Budget
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Income
Own resources
- custom tariffs
- VAT %
MSs contributions
Agriculture and
sugar
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Expenditures
EAGGF
Regional policy
Research
Energy
External cooperation
Freedom, Security and Justice
External Cooperation
Consultative structures
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Economic and social committee
– appointed by the Council –
350 members max
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Employers, employees, various
interests
6 sections  plenary
Opinions
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Committee of Regions – 350
max – appointed by the Council
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8 committees  plenary
Function as of 1992
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FR, DE, IT, UK – 24
PL, ES – 21
RO – 15
AU, BE, CZ, GR, HY, NL,
PT, SW, BU – 12
DK, FI, IE, LI, Slovakia
–9
EE, LV, Slovenia – 7
CY, LU – 6
MA - 5
Institutional interaction
Secondary acts
Difference:
Depending on the issue-area
Types of Acts
First Pillar + Euroatom
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Legally binding:
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Regulation
Directive
Decision
Recommendation
Opinion
CFSP:
 Principles and general
guidelines
 Common strategies
 Common positions
 Joint actions
 International agreements
Area of Freedom, Security and Justice
Common positions
Framework decisions
Decisions
Conventions among MSs
International Agreements