european integration [lectures]

Integration (what it is?)

• restoration, renewal 

• “creating or assembling a whole by adding or combing separate parts or elements, joining into a whole” [Oxford Dictonary]

• “unting, merging, creating a whole; connecting of some people, groups etc.”

Economic integration

• links and interdependencies (or the process of shaping them) between countries of a specific geographic region, concluding agreements on the free movement of all types of work, capital, and products across borders existing between these countries. 

• unification of economic policies = total economic integration

• the final result is the establishment of supranational bodies whose decisions are binding on the member states

• important after II world war

• shorter definition = formation of a homogenous, internally cohesive economic organism, covering at least two countries

• creation, on the basis of a developed uniform economic structure, a certain economic organism encompassing a group of countries

Economic Integration as state of affairs and process (steps (6) [ideal - in reality more complicated])

1. free trade area → free movement of products and goods, elimination of customs duties and other restrictions on trade within the group;

   these barriers can be lifted on all or only selected goods → precious matters, pieces of art, weapons = are generally excluded from that

2. customs union: FTA + the introduction of a common custom (tariff) and trade policy in relation to third countries [in relation to countries outside integration] → some products can be excluded, since some countries want to have individual policy 

3. common (internal) market: CU + free movement of people (or labour force), capital, goods, and services 

4. monetary union: (f.e Euro Zone) joint setting of goals in the scope of achieving specific economic indicators, such as economic growth rate, rate of inflation in the employment level, close coordination of budgetary policies of the member states, harmonization of fiscal policy

   → also lead to the centralization of decisions in the field of monetary policy and in the perspective of introducing the common currency

   → theoretically it can be achieved without common currency

   → the key one unified monetary policy by supernational 

5. full economic union: unification of monetary, fiscal, social and countercyclical policies and requires the establishment of a supranational authority, the decisions of which will be binding on the member states (one common budget, one common tax system, one institution deciding about spending, taxes)

6. political union: creating supranational organs of power that would make decisions concerning the entire united region, decisions that would be binding on the participants of this union [in practice would mean creating a new political state]

Integration can be broken down into: (3 divisions)

a) on a microscale concerning individual sectors (areas) of the economies of individual countries (e.g. mining, metallurgy etc.) 

b) integration of economies as a whole [EU] 

i) national - taking place between the constituent parts of a country [II Rzeczpospolita after zabory and 123 years of dependence, f.e Germany]

ii) regional - integration in which individual countries participate [African Union, Council of Mutual Economic Integration]

iii) world - global, universal [World Bank, United Nations]

1) negative - lifting of obstacles for the proper functioning of the integrated area (e.g. reduction of import duties or quotas)

2) positive - creating new institutions and equipping them with new instruments or modifying existing instruments 

[idea created by Jan Tinbergen]

Political Integration

• process in which nations abandon their aspiration and ability to conduct foreign policy and key domains of domestic politics independently of each other, instead trying to make joint decisions or delegate the decision-making process to new central bodies

• process in which political factors of several separate units are convinced to transfer their expectation and political activity to a new centre [European Parliament] 

• creation of new institutions to make join decisions 

• process by which political factors of several distinct national units are persuaded to shift their loyalty, expectations and political activity toward a new and larger centre whose institution have or demand sovereignty over pre-existing nation-states. The end result of the process of political integration is a new political community superimposed on those that have existed so far. 

European Coal and Steel Community - Treaty of Paris

18.04.1951 (Paris) – 23.07.1952 [date of entering to force] - signed by the Six

European Defence Community

27.05.1952 (Paris) - France didn’t ratify it as political situation there changed + Stalin’s death lessened the possibility of the war 

European Economic Community & European Atomic Energy Community → Treaties of Rome

25.03.1957 (Rome)  – 01.01.1958 [coming into force] → the Six (Belgium, France, West Germany, Italy, Luxembourg, and the Netherlands)

Merger Treaty

08.04.1965 (Brussels) - 01.07.1967

ECS, EEC, EAEC → Council of Ministers + Commission +  Assembly + Court of Justice

I Budget Treaty

• 22.04.1970 (Luxemburg) - 01.01.1971

• small amendments regarding the budgetary provisions

II Budget Treaty

2.07.1975 (Brussels) - 01.06.1977

• a new institution was created based on the treaty - Court of Auditors [role was to control the budget and spendings] - not a judicial institution

Single European Act

17.02.1986 (Luxemburg), 28.02.1986 (Hague) – 01.07.1987 

• after enlargement 

• 9 out of 12 member states signed it in Luxemburg

• Denmark, Greece, and Italy signed it in the Hague

Treaty on the European Union

07.02.1992 (Maastricht) – 01.11.1993

• European Union became reality after it came to power 

• after first referendum in Denmark, people didn’t agree to ratify it, however after the second referendum it came into force 

Treaty of Amsterdam

02.10.1997 – 01.05.1999

Treaty of Nice

26.02.2001 - 01.02.2003

Treaty establishing a constitution for Europe

29.10.2004 (Rome)

• wasn’t accepted in referendum in France and Netherlands 

• so it didn’t come into force

Treaty of Lisbon

13.12.2007 - 01.12.2009

• in 90% revision of constitutional treaty - some symbolic changes

ENLARGEMENTS

• ECSC, EEC, EAEC: France, FRG, Italy, Belgium, The Netherlands, Luxemburg

• 01.01.1973 →  UK, Ireland, Denmark (one treaty signed in 1972 by 4 states - but Norway didn’t ratify it)

• 01.01.1981 → Greece (signed in 1979)

• 01.01.1986 →  Spain, Portugal (signed in 1985)

• 01.01.1995 → Sweden, Finland, Austria (once again Norway rejected in the referendum)

• 01.05.2004 → Estonia, Latvia, Lithuania, Poland, The Czech Republic, Slovakia, Hungary, Slovenia, Cyprus, Malta (biggest enlargement in history - signed in Athens on 17.04.2003) 

• 01.01.2007 → Romania, Bulgaria

• 01.07.2013 → Croatia

• EXIT → 01.02.2020: UNITED KINGDOM

ENLARGEMENT - COPENHAGEN CRITERIA

(established in June 1993 during EC Summit)

1. stability of institutions guaranteeing democracy, the rule of law, human rights, and respect for and protection of minorities

2. existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the EU

3. the ability to take on the obligations of membership, including adherence to the aims of political unification as well as Economic and Monetary Union

EU INSTITUTIONAL SYSTEM (core)

• European Parliament

• European Council 

• Council of EU

• European Commission

• EU Court of Justice

• European Central Bank

• Court of Auditors (II Budgetary Treaty)

EUROPEAN PARLIAMENT

• unicameral (jedno-izbowy)

• 720 MEPs [current state]

• 1979 - first direct elections [before elected by national parliaments]

• 5-year term [impossible to cut the term - no institution]

• No universal suffrage in each EU state (but common principles: free, equal, proportional, direct, secret ballot, day) → they haven’t reached the agreement

• Allocation of sets: on the basis of “degressive proportionality”

• meeting place: 

  • Strasbourg, Brussels (plenary sessions)

  • administrative offices: Luxembourg

  • committee meetings: Brussels

• Each member state has a defined number of seats - degressive proportionality

→ the higher number of populations - the higher number of seats

→ relatively (it would be too big if it would be different)

Fractions in EP

• EPP: Group of the European People’s Party (Christian Democrats) - 187

Christian Democratic Union, Christian Social Union of Bavaria, The Republicans, Forward Italy, Civic Platform, People’s Party

• S&D: Group of the Progressive Alliance of Socialists and Democrats in the European Parliament - 136 

Social Democratic Party of Germany, Democratic Party (Ita), Socialist Party (Ft), Spanish Socialist Party Worker’s Party, New Left

• Renew: Renew Europe - 77 

Renaissance (Fr), Democratic Movement (Fr), Free Democratic Party (Ger)

• Greens/EFA: the Greens/European Free Alliance - 53

The Greens (Ger), Europe Ecology The Greens (Fr)

• PfE: Patriots for Europe - 86 

National Rally, ANO 2011, VOX, League, Fidesz, Konferderacja

• ECR: European Conservatives and Reformists - 78

L&J, Brothers of Italy, Civic Democratic Party (Cz)

• ESN: Europe of Sovereign Nations - 25

Alternative for Germany, Konfederacja (3)

• The Left: The Left - (GUE-NGL) [Confederal Croup of European United Left/Nordic Green Left) - 46 

La France Insoumise, Coalition of the Radical Left (Gr), Die Linke (Ger),5 Stars Movement, Podemos

• Unaffiliated - 30

Powers (EP)

• legislative (amendment and rejection, but foes not posses the right of legislative initiative)

  • can call the EC for a legislative proposal

• budgetary (1 year and MFF - Multi Financial Framework)

• control over EC (approves the EC president, the EC and may adopt vote of no confidence)

• supervisory: (Committee of Inquiry, call other institutions to answer questions, taking another institution to the EU CoJ

• can adopt non-binding resolutions – express its view on a given problem

• elects the European Ombudsman [Rzecznik Praw Obywatelskich]

• appointment of the CoA members and the president and executive boards of the ECB [Executive Board]

President of EP

• elected for a renewable term of 2,5 years

• represent the EP vis a vis the ourise world and in its relations with the other EU institutions 

• 2019-2022: D.Sassoli, S&D, ITL, 2022-now: R.Metsola, EPP, MLT

The Conference of Presidents (EP)

• the president of the EP and the political groups chairs; one representative of the non-attached Members also has a seat in the conference of presidents but no voting rights, responsible for:

  • the organisation of Parliament’s business and legislative planning

  • deciding the responsibilities and membership of committees and delegations 

  • relations with other Eu institutions, the national parliaments and none-Eu countries

Commitees (EP)

• 20

• 25–81 MEPs

• meetings 1–2 months in Brussels,

•  chair bureau, secretariat

The Bureau (EP)

• consists of President of the EP, 14 Vice-Presidents and 5 Quaestors elected by EP for two and a half years (can be renewed)

• lays down rules of Parliament

• draws up EP’s preliminary draft budget and decides all administrative, staff and organisational matters

The College of Quaestors (EP)

• 5

• also members of Bureau

• responsible for administrative and financial mattes directly concerning Members and their working conditions

Conference of Committee Chairs (EP)

• the chairs of all standing and temporary committees 

• for better cooperation between committees

EUROPEAN COUNCIL

• heads of state or government of the EU member states, along with the President of the European Council and the President of the European Comission. The High Representatives of the Union for Foreign Affairs and Security Policy also takes part in its meetings

• established as an informal summit in 1975, formalised as an institution in 2009 upon the entry intro force of the Treaty of Lisbon

• meetings: at least twice every six months, Brussels 

• has no legislative power

• “shall provide the Union with the necessary impetus for its development”

• defines the overall political directions and priorities of the EU

• “to settle issues outstanding from discussions at lower level”

• involvement in the negotiation of the treaty changes

President of EC

• is elected by the European Council by a qualified majority for once-renewable term of 2,5 years

• presidents:

1.12.2009 - 31.05.20212 + 01.06.2012 - 30.11.2014 → Herman van Rompuy

01.12.2014 - 31.05.2017 + 01.06.2017 - 30.11.2019  → Donald Tusk

01.12.2019 - 31.05.2022 + 01.06.2022 – 30.11.2024 → Charles Michel 

01.12.2024 - now → Antonio Costa

• power:

  • preparing work of the EC

  • organising and chariing its meetings

  • seeking to find consensus among its members

  • reporting to the EP after each meeting

  • “ensure the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security” 

COUNCIL OF EUROPEAN UNION

• before Merger Treaty: Special Council of Ministers of ECSC, Council of the EECm and the Council of EAEC

• name: Council of the EU or Council; informal name: Council of Ministers

• intergovernmental 

• Brussels (in April, June, and October: Luxemburg)

Composition of the Council

• 27 national ministers

  • depends on which topic is touched, minister of these are meeting, sometimes vice ministers

  • 2 councils can meet at one time

• 10 configurations:

1. Agriculture and fisheries

2. Competitiveness

3. Economic and financial affairs

4. Education, youth, culture, and sport

5. Employment, social policy, health, and consumer affairs

6. Environment

7. Foreign Affairs

8. General affairs

9. Justice and home affairs

10. Transport, telecommunications, and energy

• in practice 80 meetings yearly are made

Decision-making (Council)

• unanimity (nobody votes against)

• simple majority (procedural issues)

• qualified majority (QMV)

1. Voting on EC proposal: at least 55% MS (at least 15) representing at least 65% EU population 

2. Voting without EC proposal: at least 72% MS, representing at least 65% EU population 

• “Blocking minority” - at least 4 MS representing at least 35% EU population

Presidency (Council)

• administrative and political role

• to ensure the smooth running of the Council meetings and setting the agenda

• rotates every six months among the governments of EU member states

• the continuity between presidencies - provided by an arrangement under which three successive presidencies, known as Presidency three, share common political programme

• Spain (7.12.2023) - Belgium (1-6.2024) - Hungary (7-12.2024)

• Poland (1-6.2025) – Denmark (07-12.2025) - Cyprus (1-6.2026)

• Ireland (7-12.2026) - Lithuania (1-6.2027) - Greece (7-12.2027)

Powers (Council)

• legislative

• budgetary (without consent of it, it is impossible to adept the budget)

• coordination of MS policies (esp. macroeconomic)

• development of the EU common foreign and security policy

• concluding international agreements (at the end Council must agree on the content of agreements)

EUROPEAN COMMISSION

• independent, supranational institution

• 27 members - one per MS

• President: Ursula von der Leyen

• completely independent in carrying out their functions - international officials, bound to represent EU interests

• 5 years term of office

• headquarters - Brussels

Powers / competences (European Comission)

• proposing legislation (except CFSP - Common Foreign Security Policy)

• making rules and regulations (delegated act, executive act)

• executive institution - implements the EU law, day-to day manages the EU

• drawing up and executing the EU budget and MFF

• “guardian of the treaties” - oversees application of the EU law, under control of EU CoJ

• represents the EU in external relations (except CFSP)

Appointment of the Commission

1. European Council proposes candidate for president of EC (QMV), taking into account results of EP’s elections

2. EP elects (approves) the president of the EC (majority of the EP members), if the EP fails - European Council proposes (QMV) another candidate within a month

3. The Council nominates other members of the Commission, in agreement with the president

4. EP approves the Commission

5. On the basis of the EP’s approval, the European Council nominates the Commission (QMV)

Vote of no Confidence (European Comission)

1. Request - 1/10 of the EP members; only in relation to the Commission as a whole institution 

2. Voting in EP - at least 3 days after proposal 

3. To push through request: 2/3 votes, representing absolute majority of the EP members, if gained - dismissal of the EC

COURT OF JUSTICE OF THE EU

• CAN NOT be confused with the European Court of Human Rights (Strasbourg)

• established in 1952 (ESSC CoJ; after EEC and EAEC set up - European Court of Justice)

• headquarters - Luxemburg

• Constitutional, administrative, civil and labour court

Structure (CoJ)

• Court of Justice (27 Judges, 1 per each MS)

• General Court 

  • former: Court of First Instance;

  • 54 judges, 2 per each MS,

  •  rules in the first instance cases on art. 263, 265, 268, 270, 271 TFEU

• Specialised Tribunals [now not any]

  • set up on the basis of Council’s decision

  • 2004-2016: Civic Service Tribunal

• 11 Advocates General

• Works in chambers of 3, 5 or 15 judges (Grand Chamber). 

In cases of exceptional importance or particularly complex - in full court

Advocates General (CoJ)

• Present an independent, impartial legal opinion on the cases assigned to them

• They can question the parties involved and then give their opinion on a legal solution to the case before the judges deliberate and deliver their judgment

• The opinions of the AG are advisory and do not bind the Court, but they are very influential and are followed in the majority cases.

Judges (CoJ)

• appointment: by common accord of the representatives of the government of EU MS

• legal experts whose independence is “beyond doubt” and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are of recognised competence

• term of office: 6 years, renewable

• dismissal - only on the basis of unanimous decision of all judges in case if a given judge “no longer fulfils the requisite conditions or meets the obligations arising from his office” 

Competences / Task

• interpreting EU law

• ensuring uniform application of the EU law

• rules on applications for annulment

• rules on actions for failure to act brought by a MS or an institution 

• takes actions against MS for failure to fulfil obligations

• preliminary rules (orzeczenia prejudycjalne)

COURT OF AUDITORS

• created on the basis of the Budgetary Treaty (1975) [II Budgetary Treaty] in order to improve EU financial management - formally established in 1977

• Headquarters: Luxembourg

• Composed of one member from each EU MS, each of whom is appointed unanimously by the Council of the EU for a renewable term of 6 years

• members then elect one of their numbers as the President of the ECA for a renewable three-year term

• has no jurisdictional functions: it is an audit agency

• the main task of the ECA is to check if the budget of the EU has been implemented correctly and that EU funds have been spent legally and with sound management

• members are chosen from people who have served in national audit bodies, who are qualified for the office and whose independence is beyond doubt. While serving in the Court, members cannot engage in any other professional activities.

• the key role: presentation of the ECA’s annual report to the EP

• publishes results of its audit work in a variety of report and special reports  depending on the type of audits 

• Member from Poland: Marek Opioła 

EU SOURCES OF LAW

1. primary law

2. secondary law

3. supplementary law

PRIMARY LAW

Treaties

• establishing (TEU, TFEU, TEAEC)

• amending (MT, budgetary treaties, SEA, TA, TN, TL)

• accession (1972, 1979, 1985, 1994, 2003, 2005, 2011 [dates of siginging])

• treaty on exist (The Withdrawal Agreement, 2019)

• General principles of law (e.g. principle of legal certainty, protection of acquired rights, non-retroactivity of the law, principle of subsidiarity, principle of proportionality, protection of fundamental rights)

SECONDARY LAW

1. Regulations

• general application

• binding in their entirely

• directly applicable in all EU MS

• addressed to abstract categories of persons, not to identified persons

• aims - to ensure the uniform application of EU law in all EU MS

• act adopted by the Council and EP under the ordinary or special legislative procedure.

• f.e RODO

2. Directives

• general application to all EU MS

• set objective and deadline (usually - 2 years) which must be achieved, but measures to achieve it - MS

• not directly applicable in EU MS - it must first be transposed into national law before it applicable in each EU MS

• one adopted at EU level, it is then incorporated or transposed - by EU MS

• harmonisation of the EU law

• European Commission checks if member states obliges and transposes directives in their states - if not, they can sue the member state to EU Court of Justice

3.Decisions

• binding in its entirety

• specifies those to whom it is addressed and it is binding only on them

• may have one or more addresses (one or several EU MS, one or several companies of individuals)

• sometimes - decisions without addresses (CFSP)

4. Opinions

Recommendations

• not legally binding

• when it is necessary to wait for an opinion or recommendations, it can not be taken into account, but should wait for it 

5. Atypical acts 

• not listed in TFEU

• resolutions, communications, white papers, green papers

6. International agreements

with International Organisations or non-EU states - separate sources

SUPPLEMENTARY LAW

• Case of Law of the EU CoJ

• International law (written and custom)

EU AIMS

1. to promote peace, its values, and the well-being of its peoples

2. The EU 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 EU shall establish an internal market. 

It shall work for the sustainable development of the Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance. 

4. EU shall combat social exclusion and discrimination

5. EU shall promote economic, social and territorial cohesion, and solidarity among MS.

6. The EU shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced.

7. EU shall establish an economic and monetary union whose currency is the euro

8. In its relations with the wider world, the EU 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 UN Charter

EU - MS AREAS OF COMPETENCE

the principle of conferral

• the union shall act only within the limits of the competences conferred upon it by the MS in the Treaties to attain the objectives set out therein.

• competencies not conferred upon the Union in the Treaties remain with Member States.

• Then - presumption of competence - MS (implied powers - MS)

exclusive competence of EU

• customs union

• the establishing of the competition rules necessary for the functioning of the internal market

• monetary policy for the MS whose currency is the euro

• the conservation of marine biological resources under common fisheries policy

• common commercial policy 

• conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or in so far as its conclusion may affect common rules or alter their scope

EU and MS shared competences

• internal market

• social policy, the aspects defined in this Treaty

• economic, social, and territorial cohesion

• agriculture and fisheries, excluding the conservation of marine biological resources

• environment

• consumer protection

• transport

• trans-European networks

• energy

• area of freedom, security, and justice

• common safety concerns in public health matters, for the aspects defined in this Treaty 

EU supports, coordinates and supplements MS

• protection and improvement of human health

• industry

• culture

• tourism

• education, vocational training, youth and sport

• civil protection

• administrative cooperation

Common foreign and security policy

• intergovernmental 

• EU is running this policy 

ENLARGEMENT - art. 49 TEU

1. Any European state which respects the values referred to in art. 2 TEU and is committed to promoting them may apply to become a member of the Union

2. The EP and national parliaments shall be notified of this application

3. The applicant state shall address its application to the Council, which shall act unanimously after consulting the Commission and after receiving the consent of the EP, which shall act by majority of its component members.

4. The conditions of eligibility agreed upon by the European Council shall be taken into account. 

5. The conditions of admission and the adjustments to the treaties on which the EU is founded, which such admission entails, shall be the subjects of agreement between the MS and the applicant state.

6. This agreement shall be submitted for ratification by all the contracting states in accordance with theirs respective constitutional requirements.

EU EXIT- art. 50 TEU

1. Each MS may, in accordance with its own constitutional requirements, decide to withdraw from the Union.

2. A MS that has decided to withdraw notifies its intentions to the European Council. In the light of the guidelines of the European Council, the Union negotiates and concludes an agreement with that State setting out the agreements for its withdrawal, taking into account the framework for its future relationship with the Union by the Council, acting by qualified majority after obtaining the consent of the EP.

3. The treaties shall cease to apply to the MS in question from the date of entry into force of the withdrawal agreement or, failing that, two years after that notification, unless the European Council, in agreement with the MS concerned, unanimously decides to extend this period. 

EU VALUES (art. 2 TEU)

• espect for the dignity of the human person

• freedom

• democracy

• equality 

• rule of law

• respect for human rights, including the rights of persons belonging to minorities

These values are common to the MS in a society based on pluralism, non-discrimination, tolerance, justice, solidarity, and equality between women and men. 

BREACH OF THE EU VALUES (art. 7 TEU)

1. Upon a reasoned proposal by 1/3 of the Member State, the EP or the EC, the Council, acting by a majority of 4/5 of its members after obtaining the consent of the EP, may determine that there is a clear risk of a serious breach by the MS of the values referred to in art. 2

Before making such a determination, the Council shall hear the MS concerned and, acting in accordance with the same procedure, may address recommendations to it. 

The Council shall regularly examine whether the reasons for making such a determination remain valid. 

2. The European Council, acting unanimously on a proposal by one third of the MS or the European Commission and after obtaining the consent of the EP, may determine, after inviting the MS to submit its observations, a serious and persistent breach by the MS of the values referred to in art. 2. 

3. After making such a determination, the Council acting by a qualified majority may decide to suspend certain of the rights deriving from the application of the Treaties to that MS, including the voting rights of the representative of that State’s government in the Council.

The obligations incumbent on that State under the Treaties shall in any event remain binding on that State. 

4. The Council may subsequently, acting by a qualified majority, decide to amend or abolish the measures taken under paragraph 3 in the light of changes in the situation which led to their adoption. 

EU PRINCIPLES (Art. 4 & 5 TEU)

• conferred powers

• equality of MS

• respect for the national identity of the MS

• loyal cooperation

• subsidiarity (decisions should be taken at a lowest possible level)

• proportionality

• recognition of the rights, freedoms, and principles set out in the Charter of Fundamental Right

North Atlantic Treaty Organization (NATO / OTAN)

• intergovernmental, international organization

• military-political alliance

• collective security system 

• treaty signing: 04.04.1949, Washington, D.C.

• entry into force: 24.08.1949

• headquarters: Brussels

• military headquarters: Mons (Bel)

• Secretary General: Mark Rutte (former prime minister of the Netherlands)

• 973 mln population

• about 3.5 mln soldiers

• 25.07 mln sq km

• military spendings (2024): 1.474 USD trillion (USA: 967 USD billion), about 55% of global military spendings

Lord Hastings Lionel Ismay (NATO SG 1952-1957): “to keep the Soviet Union out, the Americans in, and the Germans down”

North Atlantic Council (NAC)

• main decision-making body

• member states’ permanent representatives or representatives at higher level (minister of foreign affairs or defence, or heads of state or government)

• convenes at least once a week and takes major decisions regarding NATO’s policies 

  • the meeting are chaired by SG and when decisions have to be made, action is agreed upon by consensus

North Parliamentary Assembly Council (NAC)

• sets broad goals for NATO

• meets at two sessions per year

• interacts directly with the parliamentary structures of the national governments of the member states which appoint Permanent Members or ambassadors to NATO 

• is made up of legislators from member countries of the North Atlantic Alliance as well as associate members

  • it is however officially a structure different from NATO, and has as aim to join deputies of NATO countries in order to discuss security policies on the NATO Council

Secretary General 

• top international civil servant and has three principal roles:

1. chair of all major committees, responsible for steering discussions, facilitating the decision-making process and ensuring that decisions are implemented

2. Principal spokesperson for Organization

3. Head of the International Staff, whose role is to support the SG directly and indirectly

• the person is nominated by member governments for an initial period of four years, which can be extended by mutual consent (extension is very often used)

• the post is currently held by Mark Rutte, who took up his responsibilities on 1 October 2024

The Military Committee (MC) 

• composed of member states’ Chiefs of Defence and advises the NAC on military policy and strategy 

• the national CHODs are regularly represented in the MC by their permanent Military representatives (MilRep)

• from time to time MC also meets at a higher level, namely at the level of CHODs, the most senior military officer in each country’s armed forces

• led by its chairman, who directions NATO’s military operations

Allied Command Operations (ACO) +

Allied Command Transformation (ACT)

ACO → command responsible for NATO operations worldwide

ACT → responsible for transformation and training of NATO forces

ART. 4 NATO

The Parties will consult together whenever, in the opinion of any of them, the territorial integrity, political independence or security of any of the Parties is threatened.”

7 times used

2003: Turkey - Iraq war

2012: Turkey 3 Times - Syrian civil war

2014: Poland - Crimea annexation

2015: Turkey - terrorist attack

2022: 7 states - Russian full scale-invasion of Ukraine

ART. 5 NATO

“The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all, and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective self-defence recognized by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area. […]”

used once

9/11 attack - 11.09.2001

• NATO-led mission in Afghanistan: ISAF, 2001-2014

replaced by Resolute Support Mission - NATO-led, multinational till 2021

• NTM-I NATO Training Mission in Iraq (2004-2011)

NATO military operations

• No military operations during the Cold War

• 1990: Anchor Guard (Iraqi invasion of Kuwait)

• 1991: Ace Guard (Iraqi invasion of Kuwait)

• 1993-1995: Operation Sharp Guard (Adriatic)

• 1995: Operation Deliberate Force (B&H)

• 1995-1996: IFOR (Implementation Force), NATO-led, multinational (B&H)

• 19

• 2009L NATO in cooperation with the other states: Anti-piracy

• 2011: Libya, Operation Unified Protector

• 2012-on: operation Active Fence, southern Turkish border with Syria

COUNCIL OF EUROPE

• NOT THE PART OF EU!

• international, intergovernmental organization

• founding: 5 of May 1949, London, 10 states:

1. Belgium

2. Denmark

3. France

4. Ireland

5. Italy

6. Luxembourg

7. Netherlands

8. Norway

9. Sweden

10. UK

• Poland joined in 1991. 

• Headquarters: Luxembourg

• Now: 46 members

• 5 Council observers

• 3 Assembly observers

Russia (Council of Europe)

• in 1996 - joined

• in 2014 - the Council took away rights in PA

• in 2019 - Council voted to restore Russia’s voting rights

• in March 2022 - Committee of Ministers expelled Russia from the CoE with immediate effect

  • a few hours before voting on its expulsion Russia submitted a notice of voluntarily withdrawal from the CoE its membership due to terminate on 31 December 2022 

• But as the procedure was already under way the note had no legal effect and on 16 March the Committee of Ministers decided to expel Russia with intermediate effect

Belarus (Council of Europe)

• never has been a member of the CoE 

• applied for membership in 1993 but because of the constitutional referendum and parliamentary elections in 1996 - found to be undemocratic - never has joined the CoE

• Belarus signed up to a number of conventions and was included in various CoE projects

• This came to halt in March 2022

3 MAIN AREAS OF ACTIVITY (Council of Europe)

DEMOCRACY

• parliamentary scrutiny and election monitoring by its Parliamentary Assembly as well as assistance in democratic reforms, in particular the Venice Commission

• when elections are organized in member states, the CoE sends observes of campaigns and elections, this results in reports from them 

HUMAN RIGHTS

• the European Convention on Human Rights (1953)

• the European Committee for the Prevention of Torture

• the European Commission against Racism and Intolerance

• the Convention on Action against Trafficking in Human Belngs

• the Convention for the protectlon of individuals with regard to automatic

• processing of personal data

• the Convention on the Protection of Children agalnst Sexual Exploltation and

• Sexual Abuse

• The Convention on preventing and combating violence against women and

• domestic violence

• social rights under the European Social Charter

• European Charter of Local Self-Government guaranteeing the political,

• administrative and financial independence of local authorities.

• linguistic rights under the European Charter for Regional or Minority Languages

• minority rights under the Framework Convention for the Protection of National

• Minorities

• Media freedom under Article 10 of the European Convention on Human Rights

• and the European Convention on Transfrontler Television

RULE OF LAW

• about 200 conventions and other treaties, including

such leading instruments as:

• the Convention on Cybercrime,

• the Convention on the Prevention of Terrorism, Conventions against Corruption and Organised Crime,

• the Convention on Action against Trafficking in Human Beings,

• the Convention on Human Rights and Biomedicine

• CODEXTER, designed to co-ordinate counter-terrorism measures,

• the European Commission for the Efficiency of Justice (CEPEJ)

OTHER ACTIVITIES

• Promotion of cultural cooperation and diversity under the Council

• of Europe's Cultural Convention of 1954 and several conventions on

• the protection of cultural heritage

• · Promotion of the right to education under Article 2 of the first

• Protocol to the European Convention on Human Rights and several

• conventions on the recognition of university studies and diplomas

• · Promotion of fair sport through the Anti-Doping Convention

• · Promotion of European youth exchanges and cooperation through

• European Youth Centres in Strasbourg and Budapest, Hungary.

• · Promotion of the quality of medicines throughout Europe by the

• European Directorate for the Quality of Medicines and its European

• Pharmacopoeia.

• · Support for intercultural integration through the Intercultural Cities

• (ICC) program.

• Vuller activities

The Secretary General (Council of Europe)

• elected for a term of 5 years by the PACE and heads the Secretariat of the Council of Europe

• Since 2024 - Alain Berset (15th SG)

Committee of Ministers (CoE)

• comprising the Ministers of Foreign Affairs of all 46 member states who are represented by their permanent representatives and Ambassadors accredited to the Council of Europe

• Committee of Ministers’ presidencies are held in alphabetical order for six months following the English alphabet

• 11.2024 - 5.2025 → Luxembourg

• is the CoE’s statutory decision-making body

• Committee meets at ministerial level once a year and at Deputies’ level (Permanent Representatives to the Council of Europe) weekly

Parliamentary Assembly (CoE)

• comprises national parliamentarians from all member states

• adopting resolutions and recommendations to governments, the Assembly holds a dialogue with its governmental counterpart, the Committee of Ministers, and is often regarded as the “motor” of the organization

• The national parliamentary delegations to the Assembly must reflect the political spectrum of their national parliament, i.e. comprise government and opposition parties

• The number of representatives and consequently of votes is determined by the size of the country:

  • The biggest number is 18 (Germany, Italy, France, Turkiye, UK),

  • the smallest 2 (Andorra, Lichtenstein, Monaco, San Marino)

  • Poland: 12. 

  • As there are an equal number of representatives and substitutes, the total number of members of the Assembly therefore 612.

• They are appointed to PACE in a manner which is left to be

• decided by each member state, as long as they are elected

• within their national or federal Parliament, or appointed from amongst the members of that parliament. The balance of political parties within each national delegation must ensure a fair representation of the political parties or groups in their national parliaments.

POWERS:

• Demand action from 46 European governments, who must jointly reply

• Conduct probes to uncover new facts about human rights violations

• Question Presidents and Prime Ministers on any topic it chooses

• Observe elections and send delegations to mediate in crisis hot-spots

• Negotiate the terms on which states join the Council of Europe

• Inspire new national laws by proposing and giving opinions on treaties

• Request legal opinions on the laws and constitutions of member states

• Sanction a member State by recommending its exclusion or suspension

Congress of Local and Regional Authorities (CoE)

• created in 1994 and comprises political representatives from local and regional authorities in all member states.

• The most influential instruments of the Council of Europe in this field are the European Charter of Local Self-Government of 1985 and the European Outline Convention on Transfrontier

• Co-operation between Territorial Communities or Authorities of 1980.

The European Court of Human Rights (CoE)

Created under the European Convention on Human Rights of 1950, composed from judge from each MS elected for single non -renewable term of NINE YEARS by the PACE and is headed by the elected president of the court 

Headquarters: Strasbourg

•  Although judges are elected in respect of a State, they hear cases as individuals and do not represent that State. They are totally independent and cannot engage in any activity that would be incompatible with their duty of independence and impartiality.