4.3 European Union (EU) on the UK government
• The aims of the EU, including the ‘four freedoms’ of the single market, political and economic union, and the extent to which these have been achieved.
The European Coal and Steel Community was created in 1952, and has slowly grown into a much larger political organisation (the EU) over the last sixty years.
There are now 27 member states. Of this, 19 states are part of the Eurozone, using the Euro currency.
Acts as a greater pool of sovereignty through deeper interconnectedness. Encourages peace, prosperity and liberal democracy across Europe.
Four freedoms:
Free Movement of Goods
Member states cannot impose tariffs or duties on other members states, or discriminate against them. Border-checks and customs restrictions have been removed, allowing for the free trade of goods which meet “minimum standards”.
Free Movement of Services
Professionals, businesses, and self-employed people can move and work freely across the EU.
Qualifications from one EU member state are recognised by the others.
Free Movement of People
Citizens of member states have the right to move and seek employment in other member states with no discrimination based on their nationality. They have the same rights as native workers in recruitment, pay, social security, and housing.
Free Movement of Capital
EU member states, their citizens, and private firms registered in these countries can freely move money and invest across the EU.
Development | Impact |
1991, Maastricht Treaty | Essentially created the EU, increasing intergovernmental cooperation on security, foreign affairs, and justice. Also set in motion a timetable for the Economic and Monetary Union (EMU, or the Eurozone, to be created in 1999). |
2001, Nice Treaty | Created a European security and defence policy, further binding intergovernmental cooperation. |
2004, Enlargement | Ten states joined the EU… Cyprus, Czech Republic, Estonia, Latvia, Lithuania, Hungary, Malta, Poland, Slovakia, and Slovenia. They were followed by Bulgaria and Romania in 2007, and Croatia in 2013. |
2007, Lisbon Treaty | Reformed the EU institutions after backlashes in France and the Netherlands over the EU Constitutional Treaty. It gave more power to the European Parliament, it expanded the use of QMV, and also allowed provisions for states to leave the EU. |
Unanimity:
A proposal will fail if one member rejects it, therefore giving every member state a veto.
This only applies to major or sensitive issues: Membership, Security, Rights, Finances.
Qualified Majority Voting:
A voting practice where 55% of the member states (essentially 15 states) need to support the idea, and they account for at least 65% of the EU’s population.
Therefore a minority block can occur if at least four states who represent 35% of the population reject the idea. It aims to give all states decision-making power, but allows for bigger states to have more sway.
Has the EU achieved its objectives?
Yes | No |
|
|
• The impact of leaving the EU on UK Parliamentary sovereignty in relation to policy making.
EU impact on the UK | UK as an ‘Awkward Partner’ |
The Common Agricultural Policy (CAP) is a system of agricultural subsidies and price interventions… It uses around 38% of the EU’s budget, and despite its controversial nature it enjoys support from powerful nations like France, and big farming industries. In the small and efficient UK agricultural industry, the CAP is seen as wasteful and too bureaucratic. The Common Fisheries Policy (FCP) set quotas for catching and rules for selling. The UK fisheries dislike it, as they argue EU fishermen in UK waters have stolen business. The UK is a net contributor to the EU, and second largest spender. In 2015 the UK paid £18.5bn to the EU, receiving a £5bn rebate and £4.4bn public sector pay. Under Labour, the UK signed up to EU’s “Social Chapter”, but has since deviated, especially in the areas of employment. The UK prefers the Anglo-Saxon free-market model, rather than EU regulation. | The UK is not a continental nation, with the British Channel providing a geographical separation from other members. The UK is far more global (due to British Empire and subsequent Commonwealth), with a special relationship with the USA. The UK did not go through the same upheavals as Europe during WW2 and the Cold War. The UK was late to join the EEC, after French rejections in the 1960s. By this point, key alliances and key policies (CAP) has been created. The UK has often been more hesitant about ceding more power to Europe, negotiating several ‘opt-outs’ from EU policies and treaties. Scepticism among politicians and the media has fuelled a negative image of the EU for decades. |
The UK passed the European Communities Act (1972) to join the European Community in 1973.
The UK then underwent a referendum under Labour in 1975, in which 67.2% of the electorate voted to remain. In EU Ref 2016, 51.9% voted to leave the EU.
European Communities Act (1972):
This allowed the UK to join three institutions – European Economic Community (EEC), the European Coal and Steel Community (ECSC), and the European Atomic Energy Community.
The act also meant that EEC law immediately became UK law, and it took priority over UK statute law.
This meant that UK statute law could be struck down if it was incompatible with EEC/EU law (as shown in the Factortame case of 1991).
Sovereignty:
In joining the EU, the UK has given up some legal sovereignty, as EU law has priority over UK law. However, it could be argued that the UK has gained some political sovereignty, by pooling its sovereignty with other nations it is able to influence decisions on a much larger scale.
Joining the EU though has meant a loss of parliamentary sovereignty, as Westminster legislation can now be overturned and scrapped if it conflicts with EU law. This does not mean that there is no Parliamentary Sovereignty left though, as the UK can always choose to repeal the European Communities Act… A process that has been started by Brexit and triggering Article 50.
Positives of EU | Negatives of EU |
The UK has duty free access to the world’s second biggest economy. The lack of internal tariffs means that the UK can trade freely with 27 other European nations. In 2016 43% of British trade was with the EU, worth around £241bn. Most economists argue that the UK has benefitted from European immigration. In the 2013-14 tax year, non-British EU citizens paid £14.7bn in tax, but only claimed £2.6bn in welfare. Over 3m British jobs rely on the EU. The CBI estimates that the benefit of membership is around 4-5% of the British GDP. Free movement allows British citizens to work and live freely across Europe. In 2017 there were 1.3m Britons living in EU nations. Since 1987, the EU’s ‘Erasmus’ programme has helped around 200,000 British students study degrees abroad. The ‘Social Chapter’ of the Maastricht Treaty, accepted by the Blair government, safeguards workers’ rights (such as a maximum 48hr work-week, and at least 4 weeks paid holiday). The British government has to abide by the ECHR which has helped the rights and freedoms of UK citizens. In a world of superpowers like USA, Russia, and China, the EU has acted as its own super-state to help its members stake a claim in international diplomacy. The EEC/EU has kept peace in Europe since 1957. | British membership to the EU undermines parliamentary sovereignty, and with pooled sovereignty the Houses of Parliament has lost some of its power. The EU has a democratic deficit, as the European Commission is not elected the elected European Parliament has less influence. EU law is applied to all members, despite whether it applies or not. The think-tank Open Europe estimates that these unnecessary laws cost the UK £33bn every year. The Common Agricultural Policy (CAP) is about 38% of the EU’s budget between 2014-2020. The UK does not receive much benefit of this programme as only 1.1% of the UK’s population works in agriculture. Critics of CAP argue that the UK is subsidising a protectionist scheme in Europe, which goes against the principles of free and fair markets. The EU has been a declining member of British trade in the 21st C. In 2006 it represented 54% of our trade, but by 2016 it was only 43%. The UK makes a net-contribution to the EU, despite the fact that the EU helps support poorer communities in Cornwall and Wales. In 2017, the UK made a net-contribution of £8.9bn. Further attempts of integration by the EU has led to a backlash in several member states. Most notably the UK which has had cases of racism and xenophobia increase in recent years. |