lecture 8: The European Union: Maastricht and Beyond

4 original institutions

• European commission

• the council

• the european parliament

• the court of justice

7 current institutions

• European commission

• the council

• the european parliament

• the court of justice

• the court of auditors = the General Court

• the ECB

• the European council

what preceded the single european act?

• the solemn declaration of stuttgart 1983

• the 1985 White Paper of the european commission

• “1992“ project

the single european act

• signed on 17/28 February 1986

• entry into force 1 July 1987

• Treaty recognition of European Political Cooperation (EPC; Art 1) and of European Council (Art 2)

• “internal market” => deadline 31/12/1992

  ==> “The internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of this Treaty” (Art 8a EEC) + legal basis for internal market legislation: Art 100a EEC)

• cooperation procedure and assent procedure => stronger role EP

• legal bais for Court of First Instance (General Court)

• political committee and secretariat for EPC

• new community policies

  • Health and safety of workers (Art 118a)

  • Economic and social cohesion (Art 130a ff)

  • Research and technological development (Art 130f ff)

  • Environment (Art 130r ff; first implicit ref to subsidiarity)

  • Cooperation in economic and monetary policy (EMS

what preceded the Maastricht Treaty?

• Delors Report on EMU (Feb 1989)

• end of communist regimes in Europe and German re-unification (1989-90)

intergovernmental conferences dec 1990

• IGC on Economic and Monetary Union

• ICG on Political Union

=> treaty of Maastricht

Maastricht Treaty

• signed 7 February 1992, entry into force 1 November 1993

• TEU

• ratification difficulties:

  • 2 danish referendums => edinburgh declaration

  • french referendum

  • german constitutional court

• creation of European Union with international legal personality

• 3 pillars:

  • three communities

  • CFSP

  • JHA

• Single institutional framework: five institutions, with Court of Auditors added

• EC recognized as organ

• subsidiarity principle recognized

• First reference to fundamental rights (Art F(2) TEU)

• European Community (no more “economic”)

• strong expansion EC powers: trans-European networks, health,
  education, vocational training, youth, culture, development cooperation, consumer protection, industry, energy, civil protection, tourism, visas

• Union citizenship

• Inclusion of detailed provisions on EMU and time-path for ECU (1997, at latest 1/1/1999) + strong chapter free movement of capital; Treaty opt-outs UK and DK

• Stronger powers EP: codecision procedure

• Creation Committee of the Regions

• Agreement on Social Policy (in an “opt-in” deal)

• Revision conference foreseen in 1996

CFSP

• codification of EPC

• intergovernmental

• Central role of Council; Commission “fully associated”; hardly role EP;
  ECJ gatekeeper to protect Community

• no treaty-making capacity

• Member State holding rotating presidency represents EU for CFSP internationally

• Unanimous decision-making; Council could identify in joint action where further decisions could be taken with QMV

cooperation in justice and home affairs

• Collection of topics on which sovereignty runs deep

• Intergovernmental method; unanimous decisionmaking Council; Commission ‘fully associated’ but no exclusive right of proposal; MS may also put forward proposals (+ only MS in customs, police and judicial cooperation in criminal matters

• Instruments not well-elaborated (joint positions, joint
  actions, conventions)

• Bridge to first pillar (“passerelle”)

the Amsterdam Treaty

• signed on 2 October 1997, entry into force 1 May 1999

• Sustainable development enters the Treaties

• Union = “founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States” (Art 6(1) TEU)

• “Nuclear procedure” introduced in case of “serious and persistent breach” of those principles by a MS (Art 7 TEU)

• coordination MS employment policies

• incorporation of Agreement on Social Policy in TEC (UK resistance dropped after New Labour came to power)

• Major fields of Third Pillar “communitarized” (i.e., integrated in TEC) as part of “Area of Freedom, Security and Justice”: asylum, immigration, crossing external borders, combating fraud, customs cooperation and judicial cooperation in civil matters + Schengen Agreement and acquis

• Enhanced cooperation

• Modest extension CCP (services/IP if Council decides unanimously)

• 1 Commissioner per Member State (in the past: 2 for big MS)

• More cases of co-decision; EP gains power to approve nomination President Commission; max number MEPs fixed at 700

• More transparency: “an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen”

• Simplification: obsolete Treaty provisions scrapped

changes CFSP after Amsterdam Treaty

• Creation of High Representative for CFSP

• Treaty-making procedure for CFSP

• Constructive abstention possible

JHA after Amsterdam treaty

• Partial communitarization: as part of “Area of Freedom, Security and Justice”: asylum, immigration, crossing external borders, combating fraud, customs cooperation and judicial cooperation in civil matters + Schengen Agreement and acquis

• Clearer instruments, including “Framework Decision”

Nice treaty

• signed on 26 February 2001, entry into force 1 February 2003

• make EU institutions more efficient and legitimate + prepare EU for major enlargement; not reached

• Adaptation system of calculation QMV

• Max number of MEPs fixed at 732

• EU gets competence to undertake Petersberg tasks itself

• President of Commission + High Representative for CFSP to be appointed by QMV

• Enhanced cooperation possible for CFSP, excluding matters with
  implications for military or defence

• Permanent political and military structures within Council: Political and
  Security Committee

• Reform of ECJ

Convention on the future of the EU

• Laeken European Council 14-15 December 2001

• focus:

  • better division of competences

  • simplification of the EU’s instruments for action

  • increased democracy, transparency and efficiency

• Convention comprised chair (Valéry Giscard D’Estaing) two vice-chairs (Giuliano Amato and Jean-Luc Dehaene) + representatives MS governments, EP and national parliaments and Commission

• end result: Draft Treaty establishing a Constitution for Europe

• Treaty was rejected by France (29 May 2005) and the Netherlands (1 June 2005) in their national referendums

• After reflection pause, German Presidency in June 2007 proposed Reform Treaty, integrating most amendments in TEC (which became TFEU) and TEU

Lisbon Treaty

• signed on 13 December 2007, entry into force 1 December 2009

• Abolition EC-EU dualism and pillars

  => Union replaces and succeeds to EC (Art 1 TEU): the Community disappears, but the Community method is generalized for almost all internal and external policy fields, with exception of CFSP, which remains subject to ‘specific rules and procedures’ (Art 24(1) TEU)

• EU based on two equal Treaties: TEU and TFEU (reshaped TEC)

• One EU with international legal personality (but Euratom continues to exist)

• EU founded on fundamental values of Art 2 TEU

• Seven institutions: European Central Bank and European Council added (Art 13 TEU)

• Provisions on democracy: representative and participative democracy (Arts 9-12 TEU)

• Introduction of competence catalogue (exclusive competences (Art 3 TFEU); shared competences (Art 4 TFEU); complementary competences (Art 6 TFEU))

• Voting in Council: dual-majority system

• Co-decision procedure generalized: ordinary legislative procedure (73 cases)

• Strengthening participation national parliaments and citizens (citizens’ initiative)

• Charter of Fundamental Rights same legal value as Treaties

• Introduction withdrawal clause (Art 50 TEU)

• Total absorption of Third Pillar in Area of Freedom, Security and Justice (TFEU)

• Strengthening of CFSP and CSDP, including solidarity clause + permanent structured cooperation (PESCO)