Enlargement
Enlargement after the end of the Cold War:
Different geopolitical situation
Neutral w-European states joined (Austria, Finland, Sweden) in 1995
Austria pledged neutrality
1993: CPH Criteria for EU membership
Political criteria: institutional stability as a guarantee of a democratic and constitutional system, protection of human rights and of mnínorities
Economic criterion: functioning market economy as well as the capacity
Acquis criterion: candidateäs ability to take obligations that come with the membership
1997 Luxemburg: Compliance with political criterion as necessary condotion fot the candidate status and the opening of negotiations
‘New Approach’ launched in 2011
Eastern Enlargement: from 15 to 27
2 phases: 2004: Cyprus, Czechia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia & Slovenia - economic weaken member states and many jooning at the same time
2007: Romania and Bulgaria
Key Points:
Strong symbolic dimension: ‘return to Europe’
Strong asymmetry of power & sensitive elements - they will not fall back into any ideas of communism
Impact on EU:
Austria benefitted for example as markets expanded with it
Institution and policy reform required
Transitional arrangement, e.g. free movement- appease the fear; citizens from new member states weren’t allowed right away to work in the countries before
Rule of law after enlargement:
potential membership is great incentive to democratise for candidate countries
No incentive to stay democratic once they joined
Big conundrum: democratic backsliding in Poland and Hungary
EU recovering fund: you can only get this money if you stay democratic
Helpless when they are undemocratic
Future enlargement:
Enlargement off the table for a long time
Changing geopolitical situation and Putin’ invasion in Ukraine- stimulus for new enlargement
Plan: Ukraine and 9 other countries to join by 2030
If others join, they will stay away from Russia
Candidates: Albania, Bosnia, Moldova, Montenegro North Macedonia,Serbia, Turkey, Ukraine
Kosovo & Georgia do not yet have candidate status
3 stages of membership accession:
Official candidate status
When country complies with political criterion
No negotiations yet
Formal accession negotiations
Adoption of established EU law
Reforms to meet all membership criteria
Membership:
Once all negotiations and reforms are completed
2 Ever Closer Union: treaty reform
More and more member states joined because there were many member states negotiation with each other
1987: single European Act
1993: maastricht
1999: amsterdam
2003: nice
200: treaty of lisbon
1997: Treaty of Amsterdam
Consolidated existing treaties
Differentiated integration- opt-outs for UK, IE, DK: member states can not join if they don't want to or are able to
Strengthening foreign policy
Preparing for enlargement
High Representative for common foreign and security policy
They wanted all the leaders to bike over the Amstel
Why a constitutional treaty?
2001.2003: European convention for Developing a constitutional treaty
Not a constitute but a constitutional treaty
Strengthen citizen rights
Which countries rejected the treaty: france and netherlands
France rejection 55.6%
Period of reflection: 2005-2007
Treaty of Lisbon (Reform Treaty)
90% of reforms in ECT
BUT not names “constitution”
Amending existing treaties rather than creating
Additional op outs
Ince only reform, no referendum necessary
Rejected by Irish voter in 2008 but approved second vote
Last ratification: Czech Republic in 2009
In effect since Dec 2009
Replaced by 3 pillars with EU as overall legal structure
QMV:
Extended use
Double majority: 55% of Member States representing 65% of the EU population
Democracy: more powers to EP and parliaments; citizen initiatives, Charter of FUndamental Rights
Permanent president of European Council
External Action Service
Article 50, Brexit Clause
Future reforms?
Amid new enlargement round, ambitions for treaty reforms
MEP’s submitted proposal for treaty reform
Towards more bicameral system
More power to EU
Pan European referendums
3. Politicization of the EU and Euroscepticism
Post Maastricht Blues
After maastricht, euroscepticism
Not necessarily true
Since maastricht though there are PARTIES but there was always people that were eurosceptic
Voters now influence politics more
Public opinion on EU integration
Permissive consensus in early stages
EU support varies across countries
Euroscepticism- First used by Thatcher
Party-based euroscepticism vs public euroscepticism
Party-based has risen now, but public existed before
What is politicization?
Increase in polarization of opinion, interest or values
3 indicators: awareness, mobilization, polarization
3D concept
Salience of the EU
Expansion of actors involved in monitoring/debating EU policy
Polarization: actors and opinion
Can vary independently
No- votes in European referendums:
Brexit referendums:
OM Cameron promises referendum if conservatives win in elections
Nationally, 52% vote to leave
A divided country: Scotland and Northern ireland and the young and better educated vote to remain along with London
Big distribution
Some said if Brexit happened a few years later, outcome would be different since there were mostly young who wanted to stay and the old would “die out”
Brexit Leave Campaign:
Supported by UKIP and Right-wing newspaper
Leave Campaign focus:
Immigration
Extra funding of NHS
Freedom to forge less onerous international trade agreements
Project fear
Rejection of expert opinion
Supported by main political parties and some national newspaper
Remain campaign focus
Negative economic implication of leaving
Down-played immigration issue
Proposals to limit migration from EU in the future at odds with principle of the free movement of people enshrined in the EU treaties
Brexit negotiations under article 50
Eu council delegated BRexit negotiations to COmmission
Negotiating principles:
EU to speak with 1 voice
Phased approach
Ensure the integrity of the internal market
Commitment to the Good Friday agreement and peace in Northern Ireland
EU campaign points of leading parties:
PVV wants a binding referendum over Nexit, and “0 Dutch Euros to Europe”
VVD wants less veto powers, strict rules for budget and enlargement, and more geopolitical power to EU
GL/PvdA wants a more social Europe and implement the Green deal
NSC wants more veto power, against “transfer union”
Supranationalism vs Intergovernmentalism
European Commission: Promoting the common interest
Overview:
Guardian of the treaties
Executive of the EU
Distinct from Council-innovative
Ex-High Authority of ECSC
Embodies Jean Monnet’s vision of a “functionalist bureaucracy”
Role of the Commission:
Agenda setting and proposing legislation to Parliament and the Council
Manage and implements EU policies and budget
Enforce European law (with the COurt of Justice)
Represent the EU on the international stage
Functions of the Commission
Two functions:
Political executive wing: commissioners and staff
Administrative wing: Commission directorate generals and services
Commission president: political leader of the commission:
Has permanent secretariat: Secretariat- General
Power to reject: Commissioner nominees
Power to re-allocate portfolios & reshuffle
Primus supra pares
The college of commissioners:
1 commissioner per member states
Each with portfolio
Sectrol: Trade, Energy, Home Affairs etc
Functional: budget
Plans to reduce to ⅔ by 2014 but not implemented
Consensus reached through debate and bargaining
Principle of collegiality- voting rare
European Commission: structure
Appointment of the Commission:
2 step process
Appointment of the Commission’s President
Appointment of the Commissioners
2a. Proposition of the High Representative of the Union for Foreign Affairs and Security Policy
2b. Proposition Of the other Commissioners
2c. Appointment of the Commission
‘Splizenkandidater’: to be discussed in class on EP= European Parliament
The Cabinet: Commissioner’s private office
Key role in forwarding Commissioner’s ideas
Monitors work in other Commissioner’s departments
Staff interact vertically and horizontally
Regular Chefs de Cabinet meetings chaired by SG
Interface with outside world
Traditionally national clusters but increasingly supranational composition and culture
Redefinition of relationship between national governments and commission
Functions of the Commission:
Two functions:
Political executive wing
Commissioners and staff
Administrative Wing
Commission directorates generals and services
DGs and Services:
Part of the admin/ bureaucratic level
Divided among departments called “directorate-generals” or services
Each DG is in charge of a particular area.
DGs prepare legislative documents, these documents only become official after being “adopted” by the College
DGs manage the adopted programs and policies
Organisation of the commission
Commissions administration
In total, c. 30,000 commission officials
C.12,500 AD officials
Most prestigious
Involved in policy-making and policy management
Competitive recruitment process based on merit “Concours”
National quotas
Geographical balance
Multinational chains of command
Nationality historically an issue for appointment to higher levels, now much less
How “supranational” are commissioners really?
Q commissioner/member state; battle over portfolios
“Reliable” national politicians with national careers
Gehring and Schneider: providing the commissioner increases national budget allocation
External Relations
Special case: foreign affairs and security policy represented by the high representative
Until Lisbon, High Representative was part of Council
In CFSP still under mandate of council
Intergovernmental or supranational?
Intergovernmental
National government are motors of integration
Commission’s authority is delegated
Commission facilitates IG cooperation
Power decided by treaty negotiations
Commission actors pursue national interests
Supranational:
Commission influences European Council and IGC outcomes
Day-to-day. Commission interprets vague treaty-based framework
Commission actors tend to have a supranational identity
European Council:
Founded in 1974, 1987 first mentioned in the treaties
Since 2009 official institution of the EU
Heads of state and government
Founding idea: no civil servants!
Meet four times a year
General political directions and priorities
Agenda setter, no legislative function
European Council Meeting
High profiles summits of political leaders
Attended by European Commission Pres and High Representative
Breaks deadlock over politically charged issues
Key role during 2 decades of eurosclerosis ‘
President of the European Council
role exists since 2009
Elected by the European Council with qualified majority
For 2.5 years
Renewable once
Charles Michel:
President of the European Council
Former prime minister of Belgium
Member of Renew Europe
Predecessors:
Donald Tusk
Herman van Rompuy
High representative:
High representative of the union for foreign affairs and security policy
Visible International legal personality
Blurs boundaries between council + commission
Posts EU as credible global actor
High- level diplomacy through European External Action service
European Council appoints HR for 5-year term
Rotating presidency:
Every 6 years, other member states has presidency
Plans, schedules & chairs Coreper and working groups
Highly coveted
Balances power between big and small countries
Great agenda setting possibility
However, Huge workload
Enigmatic Identity
Collective european solutions vs national interests
Permanent president of European Council
Loss of power
Council of EU
Legislative body
Formerly “council of ministers”
Meetings of national ministers
Eg. ECOFIN council Foreign affairs council
Frequency varies
Importance of portfolio
EU competencies
Meetings of over 100 people
COREPER:
Committee of permanent representatives
Two permanent representatives per member state
Preparatory body of the council
Intense negotiations: de-facto decision. Makers
Weekly meetings to prepare work of the council
Unique vantage point
Horizontally; work across all EU affairs
Vertically: work between ministers and experts
Permanent representatives
Criticized for lack of transparency
Inter-institutional relations:
Interactions with commission
Main pulse and dynamic of European integration
Both strained and smooth
Empty chair crisis of 1965
Interactions with European parliament
Originally one sided
Towards a bicameral federal political system
EP in EU: where is it?
France wanted to have some piece of the European cake hence the Strasbourg
Evolving EP:
1951: common assembly of ECSC
Added democratic legitimacy
78 members appointed from national legislature
1979: first direct elections to EP
EP used direct elections to ask for more power
Today: equal legislative and budgetary partner to the Council
Scrutinize and hold the Commission to account
Treaty of rome: 1957
Coverage extended to three communities
Increased right of consultation but council not be obliged to take account of Assembly’s position
Right to propose elections by direct suffrage
Power and influence in 3 key areas
EU Budget:
Budget treaties of 1970 & 1975
Right to amend/ reject and sign off books
Consulted re. Appointments in Courts of Auditors
Rower re. non -compulsory spend only (20%)
Persistent conflict between Council and EP
Resolution via multiannual financial perspective
Lisbon removes non compulsory distinction
EP and Council as bicameral budgetary authority
Central tool: priorities, direction and how money is spent
Multiannual Framework (MMF) result of long political process
2021-2027 MFF and NextGenerationEU (total 1.8 trillion euros)
First proposal by commission in May 2018
Revised 2020 due to Corona
July 2020 agreed by member states
December 2020 agreed by EP
EP and the Commission
Dismissal
EP enjoys right to dismiss whole commission
Never happened, but Santer commission resigned (1999)
Appointment
1992 Maastricht & 1997 Amsterdam: formal right to veto President-designate & whole COmmission
2007 Lisbon: direct role in appointing President
EP interview and proves individual COM candidates
Scrutiny
Limited to invitation to explain & justify decisions
Commission submits annual work programme to EP
Ex. 2004 Rocco Buttiglione e 2019. EP rejects French, Hungarian and Polish candidate
EP’s increasing legislative powers:
Consultation procedure (1979)
Cooperation procedure
Introduced by 1986 SEA
Second reading and conditional veto
Closer collaboration with commission
Co-decision (renamed Ordinary Legislative Procedure by Lisbon Treaty)
Introduced by 1992 Maastricht Treaty
Third reading; unconditional veto; conciliation process
From Article 15, today it covers 85 policy areas
EP and council as co-legislators
EP has shaped legislation va the OPL
Eg. increasing environmental standards, promoting civil liberties, improving consumer rights
Changing inter-institutional relations
Small negotiating teams from EP and council
Trilogues (EP, Council, COM)
Legislation concluded on first reading
However, implications for transparency
Efficiency vs Legitimacy
Internal politics of the EP
Strong committees and weak parties
Political groups
Link between Brussels and national level parties
need 23 MEPs to create a group
Seven cross-national groups
Largest groups
European People’s Part (EEP): centre-right
Social & Democratic Alliance (S&D): centre- left
Key positions:
President
Chairs Plenary and represents the EP
Allocation decided by party elites
Vice President
Support the President and help run the parliament
Committee chairs
Set calendar and agenda of meetings
Participate in OLP inter-institutional negotiations
EP president Robert Metsola
In office since 2022
After death of Daide Sassoli
Youngest president, third woman, first Maltese
Member of EPP
Committees
Over 20 standing committees
Divided functionally into policy areas
Repository for policy expertise
Legislation mainly discussed in committees
Appoint teams for intra/inter-institutional negotiations
Rapporteurs and shadow rapporteurs
Draft committee reports
Shape positions adopted by their political groups
Central to negotiation team for talks under OLP
Legislative process: trilogues
Commission + EP + Council together
Lack of transparency, but much faster
Parliament at Work: PLenary
Multilingualism: 24 Languages = 552 combinations
Effects on debted & the public
Plenary for public position taking; specifics aöready discussed within committees
Keeping check on committees
Final say about reports
Policy-making instruments
Primary legislation
treaties : direct effect
Secondary legislation
Regulations: direct effect on member states
directive s: transposed by member state and national regulations with minor deviations allowed
Decision: mainly issued by EC and binding for select stakeholders
Soft law instruments:
recommendations and opinion: not enforceable, mainly political and declaratory in nature
Green papers and communications
self/ co-regulation
Open method of coordination: guidelines, benchmarking, exchange of best practice
How do these instruments come into being?
Collaboration between supranational and intergovernmental being
Co-decision or Ordinary legislative Procedure
The procedure that EU strives for since it’s very transparent
Exception remains
Most decisions go through this process
Forward planning, agenda-setting
All european institutions are involved
Not just done by one but is a combination
From the bigger agenda, each and every year a new strategic era is made
Ex. communication from the commission to the european parliament, te council, the european economic and social committee and the committee of the regions: shows how it goes through all the different committees
Legislative proposal:
Throughout the year
European commission takes the lead
Consult with a variety of experts- everyone whose interrelated in the initiative
Ex. legislative proposal for migration: people from parliament and everyone whose interested would come into this
Voting procedures:
Council of the EU/ ministers: Qualified Majority Voting
Trilogues:
Plenary or committee negotiating mandate
Council or COREPER negotiation mandate
Implementation
Member states: monitored by European COmmission and European Court of justice
Regulation, urectivem decision, recommendation EU commission assists in the transposition of EU directive into national laws
Evaluation: European commission
European semester:
New socio economic governance architecture architecture ro coordinate national policies without transferring full sovereignty to the EU level