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INTRODUCTION TO EUROPEAN UNION INSTITUTIONS

INTRODUCTION TO EUROPEAN UNION INSTITUTIONS. Prof. Guglielmo Wolleb Academic year 2013-2014. “ Nation states are now too big to solve small problems, but too small to solve big ones ” Daniel Bell. Summary. 1 Summary of development 2 Institutional development

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INTRODUCTION TO EUROPEAN UNION INSTITUTIONS

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  1. INTRODUCTION TO EUROPEAN UNION INSTITUTIONS Prof. Guglielmo Wolleb Academic year 2013-2014

  2. “Nation states are now too big to solve small problems, but too small to solve big ones” Daniel Bell

  3. Summary 1 Summary of development 2 Institutional development 3 Core treaties of European integration 4 Degrees of integration 5 The institutional framework 6 EU competencies 7 EU legal acts 8 The legislative process 9 The implementation process 10 The EU budget

  4. 1.1 Summary of development: key aspects of European integration Two aspects: • Depth - Progressive enlargement of the level or scope of the powers conferred on the Community bodies, exclusively or shared with the national states • Enlargement - Progressive increase in the number of countries belonging to the Community and subsequently the European Union Two models: • Integration – There is a delegation of sovereignty to a supranational legal system integrated with the national legal system • Intergovernmental Cooperation– Long term and formalized commitment to work collaboratively in certain areas for the protection of common interests, eg. Art. 30 SEA on foreign policy

  5. 1.2 Summary of development: key stages 1948 Signing of the Convention establishing the Organisation for European Economic Cooperation (OEEC) for the management of Marshall Plan aid (16 countries + 2 later) 1948 Western Union as a military alliance (Western European Union in 1954 composed of 7 countries) 1949 Council of Europe established by 10 countries (gradually increased up to 46) for cooperation on issues of common interest, in particular civil rights 1952 supranational European Coal and Steel Community (ECSC) 6 countries 1958 the European Economic Community (EEC) and Euratom in the implementation of the Treaties of Rome 1973 UK, Ireland, Denmark become members 1978 European Monetary System (EMS) based on the ECU

  6. 1.2 Summary of development: key stages 1979 First elections to the European Parliament by universal suffrage 1981 Greece becomes a member 1986 Spain and Portugal become members 1987 Single European Act and the European Community 1992 Treaty on European Union signed in Maastricht 1995 Austria, Finland and Sweden become members 1997 Treaty of Amsterdam 1999 Third stage of EMU. Euro ‘ book money’ in 12 countries 2001 Treaty of Nice

  7. 1.2 Summary of development: key stages 2002 Euro currency in 11 countries2002 European Convention for drafting a European Constitution2003 Greece adopts euro2004 Cyprus, Estonia, Latvia, Lithuania, Malta, Poland, Czech Republic, Slovakia, Slovenia and Hungary (EU 25) become members2004 Rome Treaty establishes a European Constitution, subsequently rejected by France and Netherlands2007 Bulgaria and Romania (EU 27) become members; Slovenia adopts euro, Lisbon Reform Treaty to replace the Constitution, rejected by Ireland

  8. 1.2 Summary of development: keystages 2008 Slovakia adopts Euro 2009 The Treaty of Lisbon comes into force after a new referendum in Ireland 2013 Croatia becomes member

  9. 2 Institutional development 2.1 Foundation (1950s)2.2 Consolidation (1960s)2.3 Unblocking the deadlock (1970s) 2.4 The great revival (1980s)2.5 From the Economic Community to the European Union (1990s)2.6 Towards the enlargement, the single currency and the Treaty of Amsterdam (1990s)2.7 2000: Lisbon Strategy, Nice Treaty, enlargement, the single currency, the Reform Treaty2.8 The drivers of change

  10. 2.1 Foundation:  federalism and functionalism (1950s) • Two main orientations in immediate postwar period: • Federalist - build a federal economic and political Europe based on a full project • Functionalist - build a supranational institutional order through gradual integration, area by area, starting from market unification

  11. 2.1 Foundation:  federalism and functionalism (1950s) Several federalist inspired attempts: • Benelux (economic union between Belgium, Netherlands and Luxembourg, 1944) • OEEC (Organisation for European Economic Cooperation, (1948) • Council of Europe - defend the rule of law and human rights (1949) • European Payments Union - facilitate payments between European countries (1950) • Project of the European Defence Community (EDC) failed in 1954 for French opposition to German rearmament

  12. 2.1 Foundation:  federalism and functionalism (1950s) • Other international organisations formed in the immediate post-war: • GATT • NATO • BRETTON WOODS • WARSAW PACT • COMECON • Functionalist approach prevails: federalism not imposed. Progressive enlargement by sector: Schuman Declaration (1950) and European Coal and Steel Community - 6 countries (1952)

  13. 2.1 Foundation:  federalism and functionalism (1950s) • Organs of the ECSC: • High Authority (experts appointed by member states with strong autonomy in decision making) • Council of Ministers (representatives of nation-states) • Assembly (representatives of national parliaments) • Court of Justice (judicial body to settle disputes) • Advisory Committee (representatives of social partners)

  14. 2.1 Foundation:  federalism and functionalism (1950s) • 1957 Birth of European Economic Community and Euratom (Rome Treaties: the European Community treaty which established European Economic Community and the European community atomic energy treaty which established European Atomic Energy Community)

  15. 2.1 Foundation: principles of the EC Treaty • FREE MOVEMENT OF GOODS: CUSTOMS UNION (ELIMINATION OF CUSTOMS DUTIES AND QUANTITATIVE RESTRICTIONS ON INTERNAL TRADE, EXTERNAL COMMON CUSTOMS TARIFF) • FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL • COMMON AGRICULTURAL POLICY • COMMON TRANSPORT POLICY • COMMON TRADE POLICY • RULES OF COMPETITION • TAX PROVISIONS • HARMONIZING NATIONAL LEGISLATION WHICH AFFECTS SINGLE MARKET

  16. 2.1 Foundation: principles of the EC Treaty • COORDINATION OF MACROECONOMIC POLICY • CREATION OF A EUROPEAN SOCIAL FUND (ESF) • EUROPEAN INVESTMENT BANK (EIB) • SUPPORT FOR OVERSEAS COUNTRIES AND TERRITORIES (France)

  17. 2.1 Foundation: EEC institutions • COMMISSION • COUNCIL • ASSEMBLY (PARLIAMENT ONLY FROM 1962) • COURT OF JUSTICE • ECONOMIC AND SOCIAL COMMITTEE

  18. 2.2 Consolidation (1960s) • 1960s were characterized by an ongoing battle between proponents and opponents of supranationalism. De Gaulle's France is opposed to any attempt to strengthen the powers of the Community, the adoption of qualified majority decision-making procedures and the entry of Britain into the Community. The Fouchet Plans (1961) to restrict the powers of the Community, however, are rejected. • The clash with France leads to the so-called empty chair crisis (1967) solved with Luxembourg compromise imposing a truce between opposing positions • Consequently no changes in size or areas of responsibility or level of authority take place in this period

  19. 2.2 Consolidation (1960s) • The powers of the Community, however, did increase due to the role played by the Court of Justice • Two judgments of the Court of Justice led to the introduction of two important principles that reinforce the power of the Community: direct effect and the supremacy of Community over national law (see below) • The Brussels Treaty of 1965 (fusion) combines the three Communities. Simplifies the institutional structure by unifying organs: a single Council and a single Commission

  20. 2.2 Consolidation (1960s) • Committee of Permanent Representatives (COREPER), set up. Prepares the work of the Council • The decade ends with the Hague Conference of 1969 paving the way for major changes in 1970s. At the same time Pompidou, less anti-European, replaces de Gaulle in France

  21. 2.3 Unblocking the deadlock (1970s) • 1970s are a time of great global economic instability. The demise of Bretton Woods and the two oil shocks lead to global economic crisis. • The consequences of this crisis on Europe slow down the changes set out by Hague Conference. The currency snake experiment fails • But the impasse created by French opposition is overcome and major changes occur in both the territorial size of the Community and in its fields of jurisdiction

  22. 2.3 Unblocking the deadlock (1970s) • Territorial: • Once French opposition is overcome , UK, Ireland and Denmark become members (1973) • Institutional framework • The Treaty of 1970 (Luxembourg) changed the system of financing of the Community which is equipped with its own resources through a transfer of a percentage of the national VAT rate. • The Treaty of 1975 (Brussels) increases the power of Parliament in budgeting and establishing the Court of Auditors. • First direct elections to Parliament in 1979. • It was agreed to regularize the European Council meetings

  23. 2.3 Unblocking the deadlock (1970s) • Policy: • The European Community expanded its field of jurisdiction (small steps on environment, energy, social, consumer protection, regional, foreign policy) • Regional policy re-launched with the creation of the ERDF (1975) • European Monetary System and the ECU (1979): EMS is a quasi-fixed exchange rate system in which the value of the currencies has limited margin of fluctuation compared to the ECU (reference currency). The value of the ECU is the average weighted value of different currencies in the system.

  24. 2.4 The great revival: the Single European Act and the Single Market (1980s) • 1980s characterized internationally by crisis of USSR and liberalism of USA (Ronald Reagan ) and UK (Margaret Thatcher) • Strong pro-European alliance for Europe formed between the German Chancellor Helmut Kohl and French President Mitterand • In UK, Thatcher, unwilling to give up national power is in favor of greater European economic integration • The Commission and industrial lobbies worked in the same direction towards completion and deepening of the Single Market

  25. 2.4 The great revival: the Single European Act and the Single Market (1980s) • At the same time, as a counterweight to a greater integration of markets, there is a revival of other policies aimed at achieving a greater social and territorial cohesion, and strengthening the powers of the Community • Big changes in the European Community enshrined in a new treaty (the Single European Act, 1987)

  26. 2.4 The great revival: the Single European Act and the Single Market (1980s) • The Single European Act includes amendments to three Communities treaties and provisions on foreign policy. Provides for institutional reforms: • The European Council is mentioned in the treaty but not yet as an institutional body of the Community • Introduction of qualified majority voting in the Council for some matters • Strengthening the legislative power of Parliament: the introduction of cooperation procedure and of assent procedure .( Parliament no longer has advisory powers only. ) (see below) • Court of First Instance in support of ECJ set up.

  27. 2.4 The great revival: the Single European Act and the Single Market (1980s) Single Act provides for policy: • Completion of single market by 1992 (White Paper of 1985 under the chairmanship of Delors): elimination of physical fiscal and technical barriers • Economic and social cohesion policy (*Title V) • Policy for Research and Technological Development (Title VI) • Environmental policy (Title VII) • Social policies (Title III) • Institutionalization of European political cooperation in foreign policy • The Charter of Social Rights of Workers (not binding)

  28. 2.4 The great revival: the Single European Act and the Single Market (1980s) • Significant increase in the size of the Community with the accession of Greece (1981), Spain and Portugal (1986). All three countries applied for membership in the 1970s after the end of dictatorships • Enlargement led to an increase in regional disparities inside the Community and greater urgency in launching regional policy in 1988 • End of 1980s characterized by the break up of the USSR, the fall of the Berlin Wall (1989) and German reunification (1990) • German reunification speeded up monetary social and political intgegration. 1992 EU Treaty and the accession of ex-USSR states

  29. 2.5 From the Economic Community to the European Union(1990s) • From single market to single currency • From economic to social integration (Social Protocol, European citizenship rights, other areas of non-economic jurisdiction) • From economic to political integration (Justice and Foreign Policy) • From the Economic Community to the European Union • Some of these changes found in European Union Treaty, also known as the Maastricht Treaty (1992)

  30. 2.5 From the Economic Community to the European Union(1990s) • In the Treaty the Contracting Parties establish a European Union based on three pillars • First Pillar: the European Communities (EC) which include ECSC, the EEC and Euratom • Second pillar: common foreign and security policy (CFSP) • Third Pillar: Justice and Home Affairs (JHA) • First pillar works on community method, second and third on intergovernmental cooperation.

  31. 2.5 From the Economic Community to the European Union(1990s) • Major innovations introduced by the EU Treaty in the institutional context: • Economic and monetary union with the European System of Central Banks and the European Central Bank (1998) (formerly EMI) • European citizenship • Principle of subsidiarity • Increase the power of Parliament with the introduction of co-decision procedure in some areas • The European Council becomes an institution of the European Union for all purposes • European Ombudsman

  32. 2.5 From the Economic Community to the European Union(1990s) • Major innovations introduced by the EU Treaty in the policies of the first pillar (EC). (The first pillar includes all topics listed in the three treaties and the acquis communautaire • Protocol on Social Policy (opt-out of Great Britain and Ireland, dropped in 1992) • Enlargement of competences (although limited) to: education, consumer protection, health, trans-European networks, industry, culture, youth • Strengthening of the cohesion policies with the creation of the Cohesion Fund

  33. 2.5 From the Economic Community to the European Union(1990s) Second pillar (CFSP):Common foreign and security policy. Objectives: • to defend common interests and values​​ • maintaining peace, security, international cooperation • strengthening democracy and human rights. (Military intervention contemplated for humanitarian missions, peacekeeping. Agreement following the Treaty)

  34. 2.5 From the Economic Community to the European Union(1990s) Third pillar (JHA):Provisions on judicial and political cooperation in criminal matters (asylum, border control, immigration, drugs, international fraud, judicial cooperation in civil and criminal matters, police cooperation)

  35. 2.5 From the Economic Community to the European Union(1990s) • Treaty specifies three stages for the monetary union: free movement of capital and macroeconomic policy coordination, convergence, and adoption of the single currency • convergence criteria for candidate countries to the euro specified for public finance, inflation and interest rates

  36. 2.5 From the Economic Community to the European Union(1990s) EUROPEAN CITIZENSHIP According to the Treaty on European Union (1993): • Freedom of movement and residence throughout the Union; • Right to vote and stand in municipal and European Parliament elections in the State of residence; • Protection of diplomatic and consular authorities of any Member State when the State of which the individual is a national is not represented in a third country (Article 20 TEC); • Right to petition the European Parliament and appeal to the Ombudsman.

  37. 2.5 From the Economic Community to the European Union(1990s) EUROPEAN CITIZENSHIP According to the Treaty of Amsterdam (1999) the status of"European citizen" also gives the following rights: • Right to address the European institutions in one of the official languages ​​and receive an answer in the same language; • Right of access to documents of the European Parliament, Council andCommission, under certain conditions (Article 255 TEC);

  38. 2.5 From the Economic Community to the European Union(1990s) • Right to non discrimination between EU citizens based on nationality (Article 12 TEC) and the right to non-discrimination with respect to gender, race, religion, disability, age or sexual orientation; • ‘Level playing field’ for access to the European civil service.

  39. 2.6 Towards enlargement, the single currency and the Treaty of Amsterdam (1990s) 1990s after the Treaty are characterized by preparation for enlargement, the process of monetary integration, the adoption of a new treaty

  40. 2.6 Towards enlargement (1990s) • Size increases with entry of Sweden, Finland and Austria (1995) • Negative referendum in Switzerland and Norway • EU decided to expand eastward • Copenhagen Criteria set out (1993) for candidate countries regarding: • rule of law, democracy, human rights, respect for minorities, market economy, rules of competition and competitiveness, acceptance of the acquis communautaire

  41. 2.6 Towards enlargement (1990s) Challenges of enlargement: • Political: countries in transition to democracy • Economic: countries in transition to market economies and countries with a very low per capita income • Institutional: the increased size of the acquis communautaire Agenda 2000: • Analysis of the incoming countries • CAP reform: policies of price support and rural development • Reform of cohesion policy: concentration of resources and reducing the number of objectives

  42. 2.6 Towardsenlargement(1990s) • Financial instruments for candidate countries: PHARE (institution), ISPA (infrastructure and environment) and SAPARD (agriculture) • Disputes on the balance between creditor and debtor countries

  43. 2.6 Towards the single currency (1990s) • Third stage of EMU with the accession of 12 of 15 states (UK, Denmark and Sweden outside)

  44. 2.6 Amsterdam Treaty (1997) 1997 new treaty - makes other important changes to EU institutions and distribution of powers Policy: • principles on which the Union is based: freedom, democracy, respect for human rights, rule of law (which applies to new member states) • EU given the power to act against various forms of discrimination (race, sexual orientation, religion, age ...) • An employment chapter (Title VIII) and a social chapter (previously only a protocol) inserted into Treaty (first pillar) • several issues related to visas, asylum rights, immigration, judicial cooperation ...moved from third to first pillar • Stability and Growth Pact included in the Treaty • Schengen agreement incorporated into the Treaty (third pillar) (opt-out of Great Britain and Ireland)

  45. 2.6 Amsterdam Treaty (1997) Institutional modifications: • Increase of the use of qualified majority • Codecision procedure becomes standard • Approval of the Commission President by Parliament • Formalization and regulation of enhanced cooperation in the first and third pillars • Establishment of the High Representative for Foreign Policy. • CFSP instruments are redefined. Common strategies” are the responsibility of the European Council and require unanimity. “Joint actions” and “common positions” are the responsibility of the Council and require a vote by qualified majority • Scope of EU military actions defined

  46. 2.6 Amsterdam Treaty Aims of the Schengen area • Abolition of systematic checks at internal borders of the Schengen area • Strengthening of controls at external borders of the Schengen area • Cooperation between police forces and possibility to intervene in some cases beyond their borders • Coordination between states in the fight against international organized crime • Integration of police databases Members • Entrance gradually from the first agreement of 1985 • Today 28 European countries, of which three, Iceland, Norway and Switzerland are not part of the European Union. • The Schengen agreements were inserted into the Treaty of Amsterdam and the Treaty of Maastricht • The United Kingdom and Ireland have exercised opt-out • All new member states must adhere to the Schengen area

  47. 2.7 2000s:Lisbon strategy, Nice Treaty, enlargement, the single currency, the reform Treaty • Lisbon Strategy to boost growth and employment • The Treaty of Nice • Enlargement • Single currency • The Reform Treaty

  48. 2.7 2000s: Lisbon strategy • Concern for Europe's slow growth and high unemployment were present from1990s • 1990s saw European employment policy • 2000 Lisbon Strategy launched with the ambitious goal of making the EU the most competitive and dynamic knowledge-based economy by 2010. Objectives in terms of growth and employment to be achieved by that date. • Adoption of Open Method of Coordination • Unsatisfactory results in a mid-term review of the Lisbon Strategy in 2005 leads to review of strategy

  49. 2.7 2000s:Treaty of Nice Enlargement to EU 27 countries makes it necessary to revise decision-making for reasons of simplicity and efficiency and to reconcile different procedures. In particular, the voting mechanism must take into account the size of the states, the number of states and inhabitants. (More weight for large states but small states cannot disappear. Each decision must be approved by a significant portion of the population) These challenges are addressed by the Treaty of Nice (2001), which brings several changes:

  50. 2.7 2000s:Treaty of Nice • Institutional: • Changes in the number of Commissioners from 20 to 27, transitional, and then reduced in 2014 by fair rotation • A new weighting of states’ votes in the Council • Strengthening the powers of the President, now elected by qualified majority • New method of reaching a qualified majority in Council with the adoption of a criterion that takes into account the votes, the number of states and, on request, inhabitants • Further enlargement of the scope of application of qualified majority voting • Possibility of enhanced cooperation expanded and simplified

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