Council of Europe established
Initially 10 states participated
Federalists asked this council of Europe to make a draft for the future federal state of Europe
Result of the schuman declaration:
zCreation of the coal and steel community (treaty of paris): 6 countries signed it
Independent appointees
The common assembly: representatives of the six countries who participated
Special council: Ministers from the cabinet
Court of Justice: started working 1952
Intergovernmental: like the council of ministers; national ministers that were there for national interests
High Authority: predecessor of the European Commission
Eventually the Coal and Steel Community formed EU now
Aim was to create a union amongst Europe with the ideas of a united European federation
Early plans for European integration started in the interwar years
People in western Europe wanted to tie western germany to the west due to the cold war
Monnet method: Supranational cooperation in a limited, relatively unpolitical but crucial area would lead to closer union among the people of Europe, which was a condition for a future European federation. “Supranational”
The decolonisation of the French, Belgian, Dutch and Italian colonial empires
The narratives of the EU tell us a narrative that falsely regards european integrated after decolonisation
Europe’s colonial violence is confined to a memory “hole”- Europe’s self esteem seems unaffected
European integration can be regarded as the maintenance of colonisation
21 out of the 27 members of the EU never had colonies
Charles Michel tried to erase the colonial past
Myth of European integration as a postcolonial fresh “new start” after the defeat of Nasizm
Schuman declaration, May 9th 1950 “With increased resources Europe will be able to pursue achievement of of one of its task, namely development of Africa ”
Indonesia became independent
Indo-china became independent
Belgium Congo became independent
The progressive nature of European integration went hand in hand with imperial conservatism
Schuman spoke for the French; the Netherlands participated in ECSC with an eye towards a future without Indonesia- it’s important colony
Decolonisation obliged the netherlands to reorient economically- industrialization was important and the dutch economy will profit with participation in ECSC
Imperialist concepts was excluded from EU history
“EuroAfrica” and “Atlantropa”
The french thought about european and africa and pooling colonial sovereignty in 1920s and 30s
Easy to fit African colonies into 1 economic state
French used tariff walls in their African colonies
Germans lost their colonies in 1918, the pooling of colonial sovereignty was interesting as it would be a way to gain overseas suppliers of raw material
Germans also thought of connection between Europe and Africa
Herman Sörgel’s “Atlantropa”- German, Bavarian architect, damming of the Gibraltar and lowering Mediterranean Sea level then making use of the difference between Mediterranean and the Atlantic sea to general hydroelectric power- this would also provide more land hence provide access to Africa
The Dutch East Indies- Indonesia was a global supplier of tobacco, tea, rubber- it was about creating markets overseas for European products, “ethical imperialism”
Netherlands prioritised Colonialism over common European market
The dutch eventually gave up- consequences was redirection to european market
Dutch feared the restoration of a former German power
Decolonisation of Asia and Africa after 1945 supported by US, USSR, UN
US and USSR against colonisation
Dutch sent military troops to Indonesia to restore law and order but the UN and the US sent them back
The Dutch felt that they were being disrupted and they were being overthrown by the US and UN
The west could only protect itself through European integration
Suez Crisis:
Israel, UK, and France invaded Egypt in 1956
Regain western control over Suez canal- very important connection, shipping of goods and oils
US and UN forced the 3 to stop
Animosity within allies and US and Europe
Developed an alternative for oil from the Middle East- atomic energy committee
“French Association” policy EEC:
France had a war in Algeria
African countries would provide raw materials, European countries would manufacture them
Willingness to compromise with the French increased
The German Federal Republic had no surety that US would save them
West Germany accepted the association policy and the development fund
EEC can be regarded as an unintended result of the Suez Crisis
Part 2: Establishment of EEC
EDC/ EPC 1950-4:
European Defence Community that would include West Germany by the French
1952- design a European constitution
Strongly supported by the US, French refused to ratify the EDC treaty due to Indo-China
French also feared that the EDC would push the US to withdraw their troops from Europe
The US provided protection which they themselves paid for European had no money to do this; aims of NATO: Americans pay for defence in Europe
European Political Community to politically lead EDC: first step towards federal “super state” of the “the six”
Defence budget in the hands of European supranational authority; Without responsibility for socio-economic policy budgets
In 1955, West Germany became NATO member via newly created Western European Union, an intergovernmental defence organisation
Benelux memorandum for relance europeenne
Informal meeting national foreign ministers in Messina 1995
In March, 1956 Treaties of Rome were signed: about a creation of a common european market with tariffs around it; idea of an everclosing union of the people of Europe; the
Results:
Plan for a new sectoral community in the field of atomic energy: Eurotam/EAEC, 1957/8- seen as the energy source for oil
Plan for a broas common market (no sectoral community) EEC, 1957/8- Tariff union as a first step
1957, 25th March, Treaty of Rome by the means of customs union
Free trade zone: Elimination of mutual taxes and quotas
Customs union: Free trade zone plus common external tariff for imports
Common or internal market: customs union plus free movement of persons, goods, services and capital as well as dismantling of non-tariff trade restrictions
End result of the EEC: customs union, process was included in 1968
Common agricultural policy: governments agreed to develop this to protect western farmers from cheap importers
Problems that needed to be solved:
Establishment of a tariff union with common “external” customs tariffs: gradual harmonisation of national import duties in raw material and goods
France had relatively high import duties to protect its own economy and “generous” socio-economic policy
The Netherlands, as a transit-country for goods to and from the Ruhr area, had low import duties
Treaties of Rome was also about EAEC- as a cheap source of energy
’
Built on the model of the ECSC
ECSC was “supranational”
Slightly different in the European Economic Committee (EAEC)
In Eurotom: Most important was Council of Ministers- came up with laws, main body of the EEC
European commission: 9 members- independent from their own national states, civil servants
European Parliament: 142 members, elected by their own parliament, represented their parliament in the EU Parliament: was not too important
EEC Treaty (1957)
Article 8 of the “principles”
Common Market shall be progressively established in the course of a transitional period of twelve years
Transition from 1st to 2nd stage should be conditional to a confirmatory statement- by means of a unanimous vote on a report of the commission
At the end of the 6th year, council should make this statement by a qualified majority vote on a report of the commission- important of the democratic, the 6 member states were equal and the difference in the state sizes so Germany, France and Italy received 4 votes in the council, Netherlands and Belgium received 2 votes and Luxembourg 1 vote ; smaller countries could be outvoted
Unanimous voting first but then majority voting was introduced
Supranational EEC and the six vs Intergovernmental European Free Trade Association
The relations with the other countries in Europe
British were not interested in joining the EEC
They established the European Free Trade Association (1960) for those who didn’t want to join the EEC within the Framework OEEC/OECD (created for the distribution of marshall aid between 1948-52)
Negotiations between the two organisations
Outer severn: UK, Austria, Denmark, Norway, Portugal, Sweden, Swiss
intergovernmental
Different people wanted different things for European Integration
French after 1945 wanted access to German resources
Functionalist plan for Africa
Marshall aid, ECSC & EEC/ EAEC products of American support against Communism in Western Europe
Interpretation depends on the actors with which you identify (such as French, Dutch etc.)
Milwardm Alan. The European Rescue of Nation States. London: Routledge 1992
Main actors were not the US nor the European saints
Main actors were Political elites of European member states who acted on national interest
People wanted social security in terms of unemployment for example
Basic ideologies of 1950s: give people more food, they will become more democratic
Crisis of the 1930s- intensified social security demand in Western Europe
Milward: early phase of EU integration was a response of the national politicians for EU social security
National welfare states
Politician expected that prices in agriculture would fall as a consequence of modernization
Many people were farmers
Interconnectedness between European integration and the establishment of West European national Welfare stated and social security
New agricultural policy was followed
European integration strengthened the national legitimacy of national political elites and it provided the condition for national welfare states
Adam smith on a European level: liberalisation of the economy on the European level
Why did politicians agree that Europeanisation would weaken their position? Milward argues that it strengthened it
Why supranational communities instead of intergovernmental communities?
An intergovernmental organisation would fall apart when it was most needed, during economic crises
This was the lesson politician had learned from economic protectionism of the 1930s when all treated about internal trade had been worthless- memory of 1930s was of paramount of important
Part 3- Empty Chair Crisis: 1965-66, dispute over the question whether or not the EEC should become more supranational
European Commission first step towards a European government or body of “civil servants”
The majority voting is good, the unanimity for special cases
As the president of the EU Commission says the council is intergovernmental, the council of ministers should have more power than the member states. Council of ministers > member states representatives. (EC-Chairman Hallstein)
National politicians: Charles De Gaulle was against this, decisions should be intergovernmental; the states matter and it should not be supranational
Hallstein showed imperialistic attitude: March 1965- farmers would be paid out of European agricultural funds
Expansion of competences Commission and Parliament
Decisions in the Council taken by unanimity, to not damage member states interests or taken by qualified majority vote so that member states could be overruled
De Gaulle wanted a revision of treaties of Rome, against majority voting
French farmers made it clear that France should not leave the EEC
Other 5 states continued regular meeting- firm attachment to the treaties of Rome
French delegations were forced by the farmers to remain in the EEC
January 1966, they reached an agreement- final result nobody wanted this
Luxembourg Compromise, 28.29 Jan 1966:
In the even if decision which may be taken by majority vote on a proposal from the commission, very important interests on one or more partners are at stake, the members of council will endeavour, within a reasonable time to rech solutions which can be adopted by all members of the council
It was a hybrid of De Gaulle (intergovernmental) and Monnet (supranational)
When very important interest of one partner is at stake then unanimous vote should be taken
General can be argued that this was a part of the EEC policies and there was no resurrection of the veto and EEC remained a consensus machine
Can be seen as a weakness and a strength
Questionable if a stronger european supranational community would’ve survived in the 70s and 80s
Signing of the Merger treaty April 1965
Merged European Communities in 1967
Commision EC included:
High authority
Commission Euratom
Commission EEC
Council EC included:
Council of ministers ECSC
Council of ministers EUratom
Council of ministers EEC
Spirit of The Hague 1969:
De Gaulle replaced by Pompidou 1969
Reorganisation Common Agricultural Policy
Counterbalancing of West German Ostpolitik
1970 negotiations, 1973 membership UK Ireland, Denmark
Functionalist approach EEC successful
Anti-communist plans
Supranational cooperation
Overproduction as a result of the EEC agricultural policy: “wine lake”, “butter mountain”
Karamouzi and De Angelis:
Democracy was slowly introduced and built into the core political value of EU Identity
High identity was controlled by the common assembly
This forerunner came together once a year and on special occasions
There were 78 members and they were delegated
After the establishment of EEC & the Euratom- the same assembly was used
It was able to develop a real european democracy
Did not commit to anything and was not connected to any time frame
This assembly wanted to acquire a voice in determining the budget and promoting regulations
Treaties of Rome, Karamouzi argue, did not make democracy as a prerequisite
According to the treaties it was possible for a dictatorship to join the economic committee
Democratic criteria were mentioned for the first time in “Birkelbach report” European parliament in response to application Francoist Spain as Spain
Conclusion Karamouzi and De Angelis:
Central legitimising strategy EC since 1950 of promoting peace and reconciliation found its complement in promoting democracy- debatable
History is about a singular processes in the past
About undercurrents becoming mainstream and vice versa
Political science theories are about the repetition of patterns
Theory 1: Neofunctionalism (Ernst B.Haas 1957)
National states cannot stop the integration model once it has started
Integration spread like an oil spill over, integration on one sector will affect related sectors: Functional spill-over
Very important way to look over economic functionalism
Theory 2: Liberal Intergovernmentalism
Main actors are governments of the member states
European integration was not about shifting of loyalties, it was just about pragmatic calculation about national interests
Rational choices of national government
European communities and EU are the product of negotiations between national states with conflicting economic interests
No internal dynamics and there are no “spill overs”
Two totally different ways to look at it
Part 2- Britain and Europe before an after 1973, around 1984, around 1990 and after 2016
Brexit= chaos
New genre of literature: Brexlit
The UK was not as possibility about eu integration
Many britishers saw Europe as anti colonist
Imperial nostalgia played a role in Brexit
Connection between migration, EU, and colonisation
After French defeat in 1940s, British empire stood alone against Germany- very powerful in the imagination of people
In 1950s, British were reluctant due to this and this would cause problems with the ties with the commonwealth
UK changed its mind, after decolonisation took place
Application rejected by Charles De Gaulle; ppl made a connection
Gildea saw this as a loss
Correlation and causality mixed up and
Fundamental difference between political culture of the UK & EU: UK- very polarising whereas EU very compromising
Applications for accession UK:
“Failure” EFTA
Application UK (w Ireland, Denmark) 1961 and 1967, Norway 1962 and 1967
Within the framework of this, the British created European Free trade Association
Negotiations between EEC and EFTA
The EFTA was failure, British moved to EEC
Charled De Gaulle vetoed this- France became the important power for the EFTA
Hesitations on the British
Special relationship with the US - cooperate in the steel community
Strongly opposed to federalism
Common Agricultural Policy
Enlargement European Communities
UK, Ireland, Denmark (1973): Joined EEC
Referendum was held in the UK- 64.5% British voted yes
The idea of referendum in 1973 came from the left; Anti-marketers as they feared for the state of UK markets
Left wing labours considered Europe as imperialism
UK was an “awkward partner”
Initially UK was far richer than Europe; Per capita GDP was 1/3rd of Europe
In 1973 the gdp was 10% before compared to the EUrope of the 6
Early 1970s- GDP declined down
The oil crisis (early 1970s)
Did not participate in the most successful part of European integration hence did not have a good perception of it
Tabloids:
British tabloids like The Sun are against EU but in the early 1960s they were for integration
After 1973, the EEC had been progressive but became regressive due to the fall of British economics
EU blamed for decisions- all members blame the EU
Kaiser- Using Europe
British succession was used and abused by both right and left
British policy objective TV series: Yes Minister
Civil servants and politicians have a strained relationships
SIr Humprey explains “british has had the same policy: to create a disunited Europe, we’ve divided and ruled, we had to break everything up and now that we are in the EEC we should break it up”
Shows how british involvement was seen
May be a reason that they might’ve joined
Instrumentalization of national politics
National political leaders turn against the EEC in an attempt to gain domestic popularity and legitimacy
“Brussels” used as a s scapegoat for unpopular measures
British national politicians and the European communities/ EU. Thatcher: 1979
Not popular with the british
We are simply asking for our own money back
Used a press conference: forever 2 pound we contribute we should get 1 back
Thatcher was considered popular for this
The “British Rebate” meeting of EC in Fontainebleau, June 1984
UK protested: we need our money back
Budgetary problems were solved
Agriculture sector was reduced
End of renationalisation phase
Part 3: Elastic Europe
SD saw a way to make Europe SD
British Referendum blamed market liberation and it would be a threat to the British
Dutch communist party was also against a “superstate”
Thatcher in speech to the College of Europe: sept 20th 1988
accused Jacques that there was a plan for socialist super state
Margaret thatcher’s characterization of the “imperialist” commission
Margret thatcher’s refusal to contemplate european integration
Thatcher lost conservative support and was replaced
In 2016, the brexiters were interested in this
Political culture is different in Britain than in EU
European integration was a product of rational thoughts
British Parliament: Left- Right polarisation
European Parliament: compromise
Euroscepticism:
Criticism of the EC/ EU because:
Integration process is expected to weaken the national state, or
Because of its “socialist” overregulation or
Its “neoliberal” socio-economic “race to the bottom”
Different parties attribute different things
The idea the Eu integration makes the state weaker
It could be argued that EU integration acc strengthens the state
Part 4- Re-nationalisation of the European Communities in the 1970s and early 1980s and growing importance of the European Council
Europe was marked by Oil crisis and the east and west tension
In 1970s economic worse
National protectionist measures taken on the expense of the world economy
1971-73: Collapse of Bretton Woods system of 1944- international monetary system tied to gold through US dollar. The US was forced to devalue the US dollar as a result of “imperial overstretch” Vietnam. EStablished European Monetary System and Exchange rate mechanism in 1979
Oil Crisis in 1973 and 79- unemployment. Economic nationalism 1970s and early 1980s
National protectionist support for national industries: Mines shipyards, factories
Transformation of the economy. Shift from industry to service actor
Intergovernmental relations became more important
1975: European Council was created, First meeting in Dublin
Became the most important part
Took the lead in European communities
Initially it was informal, in 1992 it became formal
Deliberation EC unintendedly changed position of Prime minister in Dutch domestic politics
Ex. domestic change as a result of Europeanisation
After the creation, the position of the dutch prime minister was strengthened
1979: First direct elections European Parliament, partly consequence of establishment European council
To satisfy supranational demands to counterbalance the establishment of the intergovernmental european council
Still relatively powerless institution after 1979
New initiatives were taken until Altiero Spinelli: “Crocodile club” 1980, where they designed a new federalist treaty, 1984 design new federalist treaty, as part of a new “European spirit” - national state protectionism led to a response from neo-politicians Thatcher and Reagan saying that national protectionism wasn’t good- support them through tax payers money
4/11
‘Who do I call if I call Europe?’
Ursula Von Der Leyen: President of the European Commission
Charles Michel: European Council President - replaced by Antonio Costa
Josep Borrel: High Representative for Foreign Affairs and Security Policy
Roberta Mersola: President of the European Parliament
European commission: promotes common interest
‘Supranational’ nation- should not have national interests
Stands above member states
Role of European Commission:
Commission proposes, council disposes
Proposes legislation to th Parliament and the COuncil
Manages and implements EU policies and budget
Enforces European law (with the Court of Justice)
Represent the EU on the international stage
Commission pres. Ursula von der Leyen
After the EU elections, she was reelected as EU president
Currently, these commissioners are being interviewed by the EU parliament
Has permanent secretariat: Secretariat- General
Has the power to reject commissioner nominees
Power to re-allocate portfolios and reshuffle
European Council:
Defines EU’s general political direction and priorities, no legislation
Meets 4 times per year: to answer big questions
Heads of state/ government
President of the European Council:
Charles Michel: Former prime minister of Belgium
Member of Renew Europe
Predecessors: Donald Tusk (PL)
1/12/24: Antonio Costa
Often these two councils are in conflict: especially Ursula von der Leyen and Charles Michel
Example: When pres. Biden came, there were two meetings that were held, one with von der Leyen and Michel
Joseph Borrel: High representative
High Representative of the Union for Foreign Affairs and Secretary Policy
Visible international legal personality
Blurs boundaries between Council + Commission
Boosts EU as global actor
High level diplomacy through European External Action Service
European Council appoints HR for 5-year term
Currently: Joseph Borrel
As of 1 dec: Kaja Kallas. She is Estonian- Russian debate, Estonia is closer to Russia
European Parliament: Voice of the people
Strasbourg (plenary sessions)
Brussels (plenary, committee sessions; most offices)
Luxembourg (sec-general)
EP Pres. Roberta Metsola:
Took office in 2022, after the death of Davide Sassoli
Youngest pres, 3rd woman, 1st Maltese
Member of EPP
Controversies: Pro-lifer
With respect to the war in Ukraine, she has been effective
Current political groups:
Most right- winged government to date
Around third of the parliament
EP elections every 5 years:
1st elections in 1979
Last elections 2024
Regional or national lists
Proposal for transnational lists
Power and influence:
EU budget
Commission: right to scrutinise, dismiss and appoint
Law-making: right to mend and reject commission proposals
Hearings of European commissioner candidates 4-9 November 2024
Summary:
No single person to call
Institutions cooperate, but competitions arise
Power balance shifts
Council of Europe, Council of the European Union, European Council
EU: (1992/3)
ECSC (1951/2)
EEC (1957/8)
Euratom or EAEC (1957/8)
Justice and home affairs
Common Foreign and Security Policy
Part 1: Plans for European integration before 1945
Plans aimed to create a common “European” market (= Europe and overseas territories) without internal trade restrictions
Aim of this was to increase prosperity and to protect the European economy against cheap imports from the extra-European world
Ex:
1923: Coudenhove-Kalergi’s Pan-Europa Plan (blueprint of European Integration)
1930- Brian Plan
1940: Naxi Funk Plan (few things common with the Kalergi pact and even democratic ideas)
Coundenhove- Kalergi’s Pan-Europa (1923)
Empires fallen apart
Fear in central europe that due to the Russian revolution communism would spread
Europe had to unite economically
Europe consisted of colonial empires hence Kallergi’s Pan- Europa included the European colonial - he did not believe Britain was even part of Europe
He believed it was important to create a Pan-European economies and build tariff walls around territories to create high import tariffs and to protect European economy from cheap imports which would hurt European industries
Economic Nationalism after economic crisis 1929
Beggar thy neighbour policy
Many supported him but in reality the wall-street crash of 1929 led to Economic warfare between the countries in Europe
Specific products from one country were dumped to the neighbouring company to destroy competition - dumping theory
Trade wars: instead of one big tariff wall around Europe, European states started raising tariffs within themselves
Plans for European integration but Kalergi did not succeed
Second World War, 1939-45: European continent under Nazi Rule
Nazi Reichsminister Walther Funk’s Plan for European economic cooperation
The Nazis rejected the idea of Kalergi and saw him as western world
They had the same idea as Kalergi: a european economic unity
These plans remained just plans
The first year of Nazi occupation, the occupied thought that occupation would mean that there would be European cooperation
Wartime “Federalist” plans for a postwar European federation:
Started to think about european integration as necessary
It had to be steered; according to the anti-nazi resistance
German resistance: Carl Goerdelr, Kreisaur Kreis
Italian anti-Fascist resistance: Altiero Spinelli Ventotene Manifesto
Spinelli: Ventotene Manifesto: federal Europe
They believed in a Europe that consisted of smaller provinces where they were united under one European federation
These people thought Nationalism was the cause of WWII and hence the role of national capital should be broken thus breaking up these states.
It would be possible to make use of the German economy
Nazi Germany had started WWII and many feared that Germany would start another war - if Germany is broken down to provinces and united under the European federation, this would go against that
Part 2 economic importance of West Germany for Western Europe after the end of the Second World War and fear of a future flirtation of West Germany with Moscow:
Germany was in the middle of the sea saw between East and West and always gained profit that geopolitical position “Rapallo fear”
Tehran Conference (1943):
2nd front against Nazi Germany in Western Europe
No compromises peace between US or Western Allied forces with Nazi Germany
Morgenthau Plan (1944/45): US plan for Postwar Germany
De-industrialization of Germany
Re-agrariansation of Germany
Partition of Germany
Economic decline for Germany’s neighbours
Severe negative economic consequences for Postwar Western Europe
West German chancellor Konraf Adenaur: no talks with Moscow but Westbindung (Western connection) via European Communities and NATO
West Germany took West’s side and participated in European cooperation
Geopolitical purpose of postwar Western European integration (European Coal and Steel Community, European Economic Community, Euratom)
Lord Ismay: keep Russians out, Americans in, Germans down
Attempt to tie West Germany to West Europe and get benefits from them
West always looks at Germany with suspicion
One of the important bg of European integration process
Part 3: Establishment of European institutions after the end of the Second World War, establishment of predecessors of today’s EU after 1950
1947-52: Marshall Aid
1949- Establishment of Council of Europe
1950-52: Establishment European Coal and Steel Community
1950-54 European Defence Community/ European Political Community
1955-58: Establishment European Economic Community/ Euratom
Bretton Woods and European Recovery Program or Marshall Aid
The economic order had been set up during WW2
It was a system that dated from 1944 for the regulation of cross border payment transaction
Europeans participated after
All the currency had a fixed exchange rate to the dollar
Dollar was then fixed to the price of gold
Conditions for the west world was created
June 1947- dollar deficit in Western European
They were no longer able to export
Americans wanted to help economically- they called upon Europeans to help distribute the money
13 billion dollars but the companies that were in control of USSR were forced to turn down their share
Call for the establishment of welfare states and social security in the late 1940s
Communist threat both from the East within the west European countries
Poverty as a consequence of the crisis of the 1930- from which the WW2 has issued in part- still fresh in everyone’s memory
General feeling that europeanisation of the economy would be a problem
This required the solution of the German Question
Forms, or types, of European integration
Intergovernmentalism: different countries cooperate while keeping their own sovereignty
Federalism: development of European federal state with a supranational government and parliament
Functionalism: pooling of sovereignty in a relatively undisputed field
Zurich speech Winston Churchill- Hague Congress
Struggle between those who aimed at an intergovernmental europe and those who aimed at a federal Europe
May 9th 1950: Schuman declaration
Europe developed a new pan
Supranational cooperation in a “sectoral community”
Limited
Relatively
But crucial area would lead to closer union among the peoples of EUrope
Different actors advocated European integration for different reasons
Coal was very important
The goal was to create a unified Europe
European Coal and Steel Community (1951-52)
“Supranational” court of Justice
13/11
Part 1 : triumph of capitalism and the neoliberalization of European Communities, esp. EEC
“Neoliberalism”- market-oriented reform policies such as "eliminating price controls, deregulating capital markets, lowering trade barriers" and reducing, especially through privatisation and austerity, state influence in the economy.
West European state was replaced by a state that withdrew from society- individual free choice for people as consumers
Consumption was introduced in healthcare - which before remained a worry for the government but in the 1980s, it became a part of the free market
Important elements: de-regulation
“Making markets”
Market mechanism introduced in sphere of public utility services
State no longer seen as chair of negotiations between employers and employees but s market regulators
State run as corporate business
Less focus on social rights of groups, more on individuals as consumers
Growing political aversion against corporatism and protectionist support for unprofitable mines
Unprofitable mines were supported by national government through tax-paying money
Trade unions were supported by these workers still
1984-85: year long strike against the closure of Britain’s collieries, which ended in a victory for Thatcher’s conservative government
Aversion against corporatism
Thatcher rejected the subsidisation of British coal mines, attempted to close British collieries
Shift from welfare states w a system of social security to neo liberal states
Francois Mitterrand (1916-1996)
Intellectual with a keep eye for political trends
His many faces:
From right-wing corporatist and “marechaliste” under Vichy (until early 1943)
To left- wing leaning member of the “Resistance” (from mid-1942)
To left-wing Socialist president
To one of the “founding fathers” of today’s neoliberal EU
Social policies almost caused bankruptcy
In 1983, spendings cut
He made a U-turn and now priority was given towards inflations
He adopted Neo-Libersation
He did not want this but became a European Neo-liberal
Mitterrand’s second term (1988-1995)
Efforts to promote EU integrations
Avoid West German economic domination of France by binding them into strong EU institutions
Jacques Delors and the “neoliberal” Single European Act
Mitterrand’s right hand man
After that he was the president of European Commission
Remained in function until 1995
EU = after 1992-93
He can be given credit for that
In 1986, Delors put forward a new project- he presented a “white paper” in Brussels which resulted in the Single European Act which represented a harmonised Europe- free movement of people, goods and capital
He was applauded for this and found sponsorship
Even Thatcher could not oppose this, as it eliminated trade barriers
Background Single European Act 1986/7
Enlargements required reform decision making
Dooge report 1985, institutional reform
Institutional modifications Single European Act 1986/7
Cooperation procedure
Qualified Majority Voting Council into force - usual type of decision making
Cooperation procedure: real power for the European parliament
Explicitly mentioned the council - Delors saw this as the future body
Stronger position Commission
EEC after Single European Act:
EEC now called “internal market”- customs union, a market in which non tariff trades are being dismantled after single European Act
Treaty of Maastricht of 1992/3: newly established EU was called an “economic and monetary union”. An “economic and monetary union” is an “internal market” plus common economic and monetary policy
Liberalisation of tv broadcasting in the Netherlands
Example of extension of ideological competition from the political sphere to the European judicial field after Single European Act
In media, economics national politics was set aside
Political scientist Peter Mair
“People” had brought Hitler and Mussolini to power they cannot be trusted after 1945
One purpose of EU integration was to protect decision making process from national representative democracy
Sociologist Wolfgang Streeck
EU’s am is to protect international financial markets from democratic politics
EU should be seen as a consolidation state
Expressed by trade agreement with Canada, CETA , mentions that national policies have the same effect as expropriation then the investors can make billions against the government
Historian Quinn Slobodian
Around 1957, neoliberals advocated establishment of supranational institutions like EU communities to protect financial markets from redistribution of income and wealth by national democracies
Ambivalence of EEC/ EU: Shield against, or catalyst of neoliberal globalisation
Are Europeanisation and neoliberal globalisation contradictory or complementary?
Did it start in 1958 as the economic middle ground between right wing negative integration and left wing positive integration
Or is it purely a right wind free trade project
Depends
Part 2: End of Cold War and establishment of the EU
Return of the German Q.
Connection with oil prices
Gobrachev came to power wanted reform the economy
Wanted to stop the arms race
In 1989, communism collapsed
Gorbachev was super popular in the West but he was not so popular in Russia
End of the Cold-War, the joining of the West and East Germany was discussed
Margaret Thatcher- the German Question
Kohl decrees that Thatcher said “we beat the Germans twice and they are back at it”
On 25 March 1990, she provided historians and politicians to a discussion at Chequers about German reunification
A united Germany would not fit so well in the West
After reunification “there would be a growing inclination to resurrect the concept of Mittel-Europa with Germany’s role being that of a broken between East and West”
European communities were strengthened due to the reunification of Germany, within a year after the fall of the Berlin war, Germany was reunified
There were individual states that opposed unification of Germany but they had to give in due to the US, France and USSR supported this
Introduction of the European Monetary Union: consequence of the German reunification?
Former Prof. Andre Szasz: french demand and German concession
EU Monetary integration was partly a response to the breaking up of Bretton system
West Germany had dominated the European economics
To break the German dominance, European monetary union were made
The German Q came back to the table
Jochim Bitterlich, former head of the European Policy Department at the West Germany Federal Chancellor’s Office in late 1980s stated in 2022 - German unification and Euro were 2 parallel processes, not one following the other
All do agree that it was a French plan with German design: European central bank should be non-political with price stability as ts task, it was modelled based on the Deutsche Bundesbank
Summit European COuncil in Rome, Oct. 1990
Different organisations for European cooperation (both intergovernmental and supranational) should be brought under one roof
EU (maastricht Treaty signed in 1992, EU established in 1993)
Maastricht Treaty (1992):
New policies added like a common single currency
UK opted of the 3rd stage of the European economic and monetary union as a condition for it’s adoption of the Maastricht Treaty
UK followed independent monetary policy and maintained the pound sterling
EU: The Three pillars 1992-1993:
Identification with democracy resulted in Copenhagen criteria (1993), rules that defined whether or not a country is eligible to join the EU: institutions guaranteeing:
Democracy
Rule of law
Human rights
Respect for and protection of minorities
Functioning marketing economy
And cope with market pressures
First Enlargement 1973:
Ireland, Denmark, England
Second Enlargement:
Greece
Third Enlargement:
Spain and portugal
Third and a half:
East Germany
Fourth enlargement 1995:
Austria, Sweden , Finland
In 2004: Big Bang Enlargement:
10 new member states
1999: german Government and parliament move from Bonn to Berlin, former Eastern bloc becomes “central Europe”, return of North-SOuth division in Europe
Part 3: Neofunctionalism and Liberal intergovernmentalism
Theory 1: Neofunctionalism (Ernt B. Haas 1957)
Spill-over- integration of particular economic sectors will lead to the integration of related economic sectors, and eventually will lead to political integration (mentioned before)
Main actor is the supranational centre in Brussels
Theory 2: Liberal Intergovernmentalism (Andrew Moravsik 1998)
Main actors are governments of the member states
European Communities and EU are the product of a series of negotiations between nation states with conflicting economic interests
There are no internal dynamics and there’s no spill-over
Neofunctionalism is not the same as Monnet’s functional method liberal intergovernmentalism shouldn’t be confused with neoliberalism:
Monnet’s functional method:
strategy to create the conditions for the Europeanisation of political decision-making
ECSC and Euratom examples of functionalist or sectoral communities
Neofunctionalism:
Theoretical description of process of European Integration
Neoliberalism:
Political aim of rolling back state power by establishing IMF, World Bank and EC/ EU after Single European Act of 1987 in order to protect market system
Liberal intergovernmentalism:
Theoretical explanation of the European integration process by emphasising the continuous important role of national government
Liberal intergovernmentalism vs Neoliberalism: in Neoliberalism, politicians give power to supranational organisations and in Liberal Intergovernmentalism, the power remains within the national government
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
Court of Justice of the EU
EU Central Bank and EMU
European Court (EU Courts):
European Court of Justice, Luxembourg
European General Court, Luxembourg
European Civil Service Tribunal
European Court of Auditors
Council of Europe:
European Court of Human Rights, Strasbourg
European but not part of the EU
UN:
International Court of Justice, The Hague
Settles legal disputes by states
International Courts:
International Criminal Court, the Hague
Independent I.O., 120 MS
War crimes
Composition of European Court of Justice:
1 Judge per member state
8 doctor general
Judges hear cases and adopt decisions
First female judge in 1999, no retirement age
Appointed for 6 years, can be reappointed; often criticised about the appointment of the judges since it’s not clear the process
Lisbon treaty improved upon this
Advocate General:
Non-binding opinions to judges
5 from 5 largest member states, 3 rotating
Treaty of Lisbon increased number to 11
Registrar:
Procedural and administrative duties; 6 year term
Chambers:
Chamber of 3-5 judges
Grand Chamber of 13 Judges
Full court in exceptional cases
ECJ: Procedure
Written and oral stage
Final decision adopted by a majority:
No mention of dissenting opinion to maintain anonymity
Judgement published in EU’s official Journal
The decisions are final
European General Court:
Formerly known as the Court of First instance
Independent status since the Nice Treaty
Aim was to help out the European Court of Justice
Focuses of legal issues such as Administrative law. The judges are appointed the same as the European Court of Justice except there are no Advocate Generals.
European Civil Service Tribunal
Created in 2024:
For cases involving European administration
Judges:
7 judges
Cases can then be appealed further to the European General Court
Activities of the ECJ:
Aims that EU law is observed in interpretation and application
Jurisdiction: 2 main tasks
Direct actions
Any legal persons, member states or EU institutions can appeal on the basis of EU law not being followed
Infringement proceedings: If a member state fails to fulfil EU obligations
Annulment procedure aka Action for judicial review: exactly what it sounds like, review legality of acts
Action for damages: Compensation for individuals or member states due to EU’s illegal activity
Example: ES Lecturer Stefan Salomon litigated against Austria’s Schengen controls: free movement of people, if you cross a Schengen border then you cannot be checked. He was checked in a Schengenn border; Austria payed a fine
References to Preliminary ruling:
Not individuals but national courts who ask for advice/ opinions of the ECJ to decide on the case
In theory, non-hierarchical but in practice it absolutely is as it becomes difficult for the national court to go past the European courts.
Used to issue important political decisions:
Central in shaping legal order of EU
Important in development of key legal principles e.g: direct effect; supremacy
Judicial politics:
Treaties and constitutions as “incomplete contracts”
Courts can exploit vagueness to shape policy outcomes
Judges should be neutral in theory but most have their own political biases
EU especially prone to judicial politics
EU law is vague as member states can’t agree on the nitty-gritty
No constitution; treaty of Lisbon is the closest but it does not have the status of the constitution
EU decision making process involves many actors which means that there is more room for manoeuvre
Used this liberty to push EU law in a pro-European direction
ECJ ruling often in favour of consumer rights, gender equality etc
ECJ acts as policy maker unofficially
Concerns about ECJ being too political; the EPP has become the almighty power in the EU and is very well represented in the European Council so it’s not problematic that the ECJ counterweights that by introducing a more liberal and progressive bias
Weakens separation of powers
Judicial politics “integration through law”
In “Eurosclerosis” (stagnation of EU integration during the 1960s) ECJ emerges as a motor for integration
3 landmark rulings:
Often seen as “de facto constitution” of the EU
Van Gend en Loos ruling 1963: direct effect
imported chemicals from Western Germany to the Netherlands where they were asked to pay import taxes at Dutch customs which they objected to on the grounds
Dutch company invoked EU law against Dutch customs authority
ECJ was asked for preliminary ruling: does EU law apply?
ECJ decided that individuals can invoke EU law b/c the community constitutes a new legal order
Against the will of majority of member states w
EU law is similar to domestic law then international law
EU law is “law of the land” in member states
Costa vs Enel ruling: supremacy of EU law over national law
Italian court asked for preliminary ruling as there was a contradiction between Italian and european law
ECJ rules that EU law is superior than Italian law, by creating the EU, member states limited their sovereignty
Supremacy applied to all EU norms
Cassis de Dijon ruling 1979: mutual recognition
French liquor with 15-20% alc
German company wanted to import this and sell it but German law stated that liquor must have 25% alc and hence cannot be sold as liquor but does not align with European law of free trade
ECJ: if a product is marketed as one thing in one member state, you are automatically allowed to sell it under the same name in any other member state unless there are specific reasons against common welfare.
Current challenges:
Neutrality v Judicial politics:
Challenges separation of powers
Judicial politics has decreased due to workload
Eastern enlargement:
New judges from diverse legal traditions
Increased workload
Accession to European Court of Human Rights
Human rights not strongest aspect of ECJ’s Work
Political and legal autonomy will be compromised
ECJ has reacted to Europskepticsm shown through recent ruling where the ruling could’ve been pushed more towards integration. Ex: not as easy to access welfare state services in different member states if one works there.
Economic & Monetary Union:
Single currency: The Euro
Single monetary authority: European Central Bank
Responsible for euro
Determines monetary policy
Single monetary policy:
Sets key interest rate
Money supply
Credit conditions
Institutional asymmetry of EMU
Developed monetary union (role of ECB)
Less developed economic union, no economic government
European Central Bank:
Founded 1 June 1998
Located in Frankfurt/ Main
After German Bundesbank
Where is the euro used?
Euro area: 20 EU member states
EU member states that DO not use it
Do not YET comply with convergence criteria: Bulgaria, Czechia, Hungary Romania, Poland
Makes sure not to comply with convergence criteria: Sweden and Denmark has an opt out
Conditions for Optimal currency area (OCA)
Countries are sufficiently integrated economically
Transfer payments
If sufficient labour market mobility across countries
Then it makes sense to have 1 currency
Economic explanations for EMU
EMU suitable if Optimal Currency Area (OCA)
Most argue EU is not an OCA- EMU bad move
Some take broader view of OCA- less critical
‘Endogenous’ OCA theory: self-fulfilling prophecy
Economic explanation
EMU dependent on central bank credibility
Financial markets must have confidence
Some argue that ECB has full independence & has clear treaty-based mandate
More confidence than individual central banks
Why did member states decide to create the common currency?
Competition to the US: they wanted to establish Euro as the second currency and even more important than the dollar
Facilitate trade amongst member states
Insuring stability by having 1 central bank that manages inflation
More political integration: less conflict
Political explanations:
Neo-functionalism:
Spillover from single market from trading etc
Importance of supranational actors
Intergovernmental:
France keen to control Germany and Germany benefited from regime simila to nation
Symbolic power of joint currency
Convergence criteria: theory
Agreed in Maastricht Treaty 1991
Price Stability: inflation rate < 1.5% above best performing member state
Budget deficit < 3% of GDP
Accumulated public debt < 60% of GDP
Successful participation in ERD for the past 2 years
Interest rate for gov bonds < 2% - above rate of 3 top member states
EU Law Making
Source of EU Law: Air regulations for example is a source of EU law
Primary law (EU Treaties): Means that it prevails over the others even the international law
General Principles of EU Law: inform the interpretation of EU law
International Law:
Secondary Law: legal act approved based on the treaty; derived from primary law
Implementation of EU Law: technical rules like the authorization of products like vaccines. Adopted through implementary measures
1.1 The treaties
Protocols (binding):
Annexes:
Declaration (non binding): more political
Primary Law: Treaty on European Union TEU and TFEU
TFEU: Union policies and internal actions
Amount of power EU enjoy is dependent on the different areas
List of areas the EU can act
Competences: principle of conferral:
Essential for any federation; whenever there is a sharing of power
Key constitutional pact
Member states agreed that EU has power in x y and z
Mentions the boundaries which are agreed upon and the EU must act within through areas
This is foundational as member states have limited their own sovereignty
In a federal state, rule is the opposite, the competences of the state are enumerated but those that are unnamed are with the central government whereas in the EU they remain with the member states
Practical implications: if one wants to make sure that the EU remains within the boundaries, one must ask about the basis of any legal act that the EU is adopting- legal basis
Legal basis confers the power on the EU
Every legal act needs to have a legal basis although, these basis are vague and are interpreted so
EU competence types:
Exclusive competentives: custom unions, competition rule, monetary policy; the EU has the most power here over the member states
Shared competences: Internal market, environment, consumer protection. EU acts when necessary but member states take care of it but once the EU adopts an act in n area, member states cannot adopt any other acts
Complementary competences: supplementary competences, power of the EU is weaker, it can support member states. Ex. economic policy: EU cannot guide member states for national economic policy but the EU plans the European semester where the member states share their plans and then that is reviewed. Soft power.
CFSP
How to establish whether the EU can legislate?
Find competences in art. 4-6 TFEU
Then find the legal basis in Part three TFEU
What if no specific legal basis fits?
Exclusive & shared competences
Complementary competences
Subsidiary legal basis for internal market, Art. 114
Only measures necessary for the functioning of internal market
Subsidiary legal basis for all Treaty Objectives
Unanimity required in the Council
Structural principles: principle of subsidiarity : article 5 (3) + protocol n2
Content:
Area of shared competence
Union can act only if the objectives pursued by the measure such that it cannot be achieved at member state level due to for instance coordination or scale
And can be better achieved at this Union level
Ratio Legis: taking decisions close to citizens
Procedural spects:
Political control: protocol 2 (National parliaments)
Judicial control
Procedure:
Legislation is proposed by European Commission
Transmitted to other EU institutions and national parliaments
Individual opinion
Special legislative
The principle of proportionality:
EU will only take actions to achieve its aims and no more
Why do we have it ? Public power should not overreach in individual rights and member states rights
It asks questions that can get rid of arbitrariness so if there is an arbitrary problem, the proportionality helps uncover this
Conditions:
Appropriateness: Is this measure appropriate?, measure is adequate to it’s goal
Necessity: no alternative available that would be less restrictive but efficient
Proportionality in a strict sense: balancing
Secondary Law: types of legal acts
Regulation (Legally binding)
As close as it gets to the law; how we understand law in the context of the member states
General application (indeterminate number of situations- for all actors)
Each article of the regulation has the same legal value
Directly applicable in all Member states, no national implementation needed. Once GDPR is published in the official journal it becomes law.
Directive (Legally binding)
General application- apply to everyone
Not binding on individuals but are binding on the Member states with regard to a final result. Ex. the air quality needs to be x by 2026 and achieve it however you want
They require action by member states to be effective
The Member states have the freedom to implement whatever they see fit to achieve said goal
No direct effect
Deadline: set by each directive,
Obligation is unconditional and sufficiently precise
Decision (Legally binding)
Google fined 1.5 million euros due to breachment of the EU law
Also happen in sanctions
Applied to an individual: Individual act (precise addresses)
Binding in all its elements
Direct application
Recommendations and Opinions:
“Soft law”
Invitations addressed to MS or individuals to conform with an adopted line of conduct
Non binding
EU Foreign policy
24th Feb 2022: Press statement on Russia’s aggression against Ukraine
Precursors to current EU External Policy:
European Defence Community (1952): Common army amongst the Member states, efficient to protect western Europe from the USSR which was considered as an ‘external threat’. Emergence was blocked by the French parliament because it would mean that the US would withdraw their army from Europe.
European political Cooperation (1970): European community to act as one in different institutions. This was intergovernmental and the decisions made would be agreed upon by all member states but did not hold the member states accountable
Towards a ‘Political Union’- context of the Maastricht Treaty (1992)
Civil wars in Yugoslavia
Globalization- focusing into East Asia
Disillusion of the USSR also enhanced the instability in Europe
US played a large role in helping situations in Yugoslavia
Further coordinating their foreign policy together
Influence of European states crumbled away due to rise of new powers- China for example
Protect economic interests of EU- fascination of integration
Political Union:
Political identity: the reunification of Germany and the USSR debate about political identity began.
Enlargement: Other European states also wanted to the EU which forced the EU to think about the new values which the new member states would have to adhere to
Maastricht Treaty and the Birth if the Common Foreign and Security policy:
Maastricht introduced integration elements like the Euro
Common asylum policy introduced
In Art 3 (5): basis of the EU’s foreign policy - peace, security, solidarity and mutual respect
Adherence to these norms can be disputed as well as the statement that the EU is a normative power
Commons strategies, joint actions, common positions
Commons strategies: external policies in terms of priorities, common interest and the principle that guides the action of the EU. Global strategy helps to guide common action in the context of common, foreign and security policy
Joint Action: ex. election observation. Common positions are agreed upon in certain areas. Instruments through which common, foreign policy is operated. All member states have to agree and unanimity is required
St. Malo Declaration (1998)
The EU failed to respond effectively in Yugoslavia as well as the Kosovo crisis
It states that a common security and defence policy must be established in the EU, the member states agree and it came into force in 2003
Treaty of Lisbon (2007/09)
Mutual assistance clause: obliged member states to provide support if a member state is under attack
The CFSP: Highly Intergovernmental Policy Area
Key role in CFSP for the European Council and Foreign Affairs Council
EU member states remain key actors
Right of initiative
Possession of veto power
Role of the European Council in the CFSP:
Defines strategic outlook of the EU
Adopts common strategies
Provides guidelines to Foreign affairs Council
The Foreign Affairs Council:
Makes formal decisions like sanctions
Chaired by High representative of the Union for Foreign Policy
High representative of the Union for Foreign Affairs and Security Policy:
Following the Lisbon treaty, she is also part of the commission
Vice-president of the European Commission responsible for EU external action
Right to submit join proposals in all areas of eternal action
Head of the European Defence Agency
Responsible for implementation of Common Foreign and Security Policy
Limited influence of European Commission over CFSP:
Provision of development assistance and humanitarian aid
European commission plays a limited role as CFSP is not part of the ordinary legislative procedure
Supporting industrial cooperation in defence through EU Defence Fund- Andrius Kubilius- first commissioner to be given the portfolio of defence
Commission has played an increasingly important role by providing humanitarian aid
Limited influence of European Parliament over CFSP:
Kept informed and consulted on CFSP issues
Has a say on the Budget allocated to civilian CSDP missions
Can influence civilian operations but overall has little power
Proposals for a more effective EU:
EU s a security provider - 2018, defence president pushed for European army in order to defend against Russia and reduce military dependence on US which was criticised by many Eastern European states who wanted NATO to prevail
European Defence Union
Removal requirement for unanimity in CFSP decision-making