1 / 37

I. The notion of Treaties

EU-integration knowledges Prepared by Dr. Endre Domonkos (PhD) Academic Year 20 12 /2013 Autumn Semester. I. The notion of Treaties. Enlargement: Deepening:

janag
Télécharger la présentation

I. The notion of Treaties

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. EU-integration knowledges Prepared by Dr. Endre Domonkos (PhD) Academic Year 2012/2013 Autumn Semester

  2. I. The notion of Treaties • Enlargement: • Deepening: • Both of the above mentioned notions are in mutual interaction but don’t realize at the same time. • Among the legal sources, the Treaty on European Union and the three Treaties establishing the Communities, as well as subsequent amendments, occupy a central role. • Treaties are always the products of the so-called Intergovernmental Conferences (IGCs) among the governments of the Member States.

  3. II. The concept of the „Treaty” and „the Treaties” I. • The European Union was founded on four Treaties. • The three Community Treaties, establishing the European Community (EC) (formerly known as the European Economic Community), the European Coal and Steel Community (ECSC) and the European Atomic Energy Community (Euratom), as well as Treaty on European Union. • The previously four, now three treaties, are collectively known as the „Treaties”. • „Treaty” always refers to one of the three Treaties.

  4. II. The concept of the „Treaty” and „the Treaties” II. • New treaties always overwrite old ones. • The Treaty on European Union provides some kind of framework for the relationship between the Treaties. • On 1 December 2009, the Treaty of Lisbon entered into force that abolished the three pillar structure introduced by the Treaty of Maastricht. • It should be noted thatthe Treaty of Lisbon amends the current EU and EC treaties, without replacing them. 

  5. III. The nature of The Treaties: the framework treaty structure • Even to this day, the Treaties reflect the system laid down in the Treaty of Paris and the two Treaties of Rome. • The primary objective of the EEC Treaty was to establish a common market between its Member States. • The Treaties thus provide a legal point of reference for future EU instruments that are adopted to achieve the objectives.

  6. IV. The provisions of the Treaty of Rome • The Treaty of Rome that established the EEC, set the establishment of a common market as the overall aim of the Community. • Institutional system was also set up by the Treaty of Rome. 1. The Council of Ministers 2. The Commission 3. The Assembly 4. The Court of Justice

  7. VI. The first fifteen years of the EEC • On 1 January 1959. According to the dispositions of the Treaty of Rome the removal of customs and quantitative restrictions between the Member States was completed by the middle of 1968. • Common customs tariffs were also introduced. • While it was easy to introduce the customs union, the free movement of capital and labour appeared hard to implement.

  8. VI. The first fifteen years of the EEC • On 1 January 1959. According to the dispositions of the Treaty of Rome the removal of customs and quantitative restrictions between the Member States was completed by the middle of 1968. • Common customs tariffs were also introduced. • While it was easy to introduce the customs union, the free movement of capital and labour appeared hard to implement.

  9. VII. The european integration after De Gaulle’s viewpoint • In 1962. Introduction of a Common Agricultural Policy (CAP) • On 23 January 1963. Friendship agreement between France and the Federal Republic of Germany. • General De Gaulle set a veto on the application when the United Kingdom indicated its intention to join the Community in 1963 and in 1967. • On January 1966. Luxembourg compromise.

  10. VIII.The Merger Treaty and its institutional impact • In the mid-sixties, the institutions of the three integration organisations were united. • In pursuance of the Merger Treaty, adopted in 1965, the parallel institutions of the ECSC, the EEC and Euratom were merged by July 1967. • The High Authority of the ECSC was merged with the Commission.

  11. IX. The European integration process in the 1970’s I. • On 1-2 December 1969. Conference of Hague. • On the first half of 1970. Common decision about the establishment of Monetary union (Werner Report). • Main targets: harmonising the national financial, budgetary , tax policies and exchange rate mechanism, unification of national reserves, and introduction of single currency in three stages). • On 1 January 1973. Denmark, Ireland and United Kingdom became the members of the European Communities.

  12. IX. The European integration process in the 1970’s II. • In 1975. The Lome Convention was signed between the European Communities and ACP-countries. • On March 1979, European Monetary System (EMS) was launched as the major achievement of this period, which created a financial stability within the Community and represented the major step toward economic union. • From institutional perspective the key development of the seventies was that, from 1974 on, consultation between the Member States at the level of Heads of State or Government became a regular exercise.

  13. X. The Single European Act I. • In 1984. Compromise was achieved in Fontainebleau. • Making the markets more flexible + creating a real common market became an urgent issue for the EC of the middle eighties. • In 1985 the European Commission prepared a White Paper under the guidance of Lord Cockfield, which contained a plan for single market, to be implemented by 1992. • The aim of the White Paper was the following: • The Single European Act was signed on 18 February 1986 and entered into force on 1 January 1987.

  14. X. The Single European Act II. • In fact, a single market programme meant a harmonisation of Member State legislation on the basis of about 300 Community directives between 1987 and 1992. • The influence of European Parliament was also extended, the competence of the European Commission was widened. • Significant changes were made in the voting system of the Council, increasing the importance of qualified majority voting. • The Single European Act included the rules of the „European Political Cooperation” as well. • The European Council was also institutionalised by the Single European Act in foreign policy issues.

  15. X. The Single European Act III. • The Schengen Agreement (on 14 June 1985): • The Agreement was supplemented by the Convention implementing the Schengen Agreement (Schengen Implementing Convention), which laid down the rules of implementing the Agreement. • The European Communities and six EFTA Member States decided to create a large European economic area through extending the single market to EFTA and started negotiations in June 1990. • The Treaty of the establishment of the European Economic Area (EEA) on 2 May 1992.

  16. XI. Reforms of the CAP and the common budget in the 80’s • European Commission: in the field of agricultural policy it was essential eliminate the unlimited subsidies and harmonise the guaranteed prices to the world market prices. • Main targets: supporting environmental friendly projects, production quotas, early retirement, retraining programmes, supporting young farmers. • After the three form of financial resources,the Delors I Package introduced a fourth financial resource that was based on the Gross National Income (GNI) of the Member States. • The upper level of the GNI was set by 1, 2 % that should have been achieved till 1992.

  17. XII. The project of the Economic and Monetary Union • Delors- report about the creation of Economic and Monetary Union in three different stages. • The three stages towards EMU were the followings: Stage 1 (1990-1994): Stage 2 (1994-1999): Stage 3 (1999 onwards): • On July 1989. (Madrid):

  18. XIII. The Maastricht Treaty I. • The Maastricht Treaty, which was signed on 7 February 1992, brought fundamental changes to the integration process. • The Maastricht Treaty introduced the name ‘European Union’ (EU). • Thanks to the Maastricht Treaty, a specific three-pillar structure was established. • The first pillar was determined as the three Communities that were already in operation, i.e. the European Communities, including the tasks related to the new aims of the economic and monetary union.

  19. XIII. The Maastricht Treaty II. • The second pillar was the Common Foreign and Security Policy. • The third pillar was the Cooperation in the fields of Justice and Home Affairs. • Second and third pillar: intergovernmental cooperation (unanimous decision making). • The Treaty included the principle of subsidiarity in Community decision-making.

  20. XIV. The Stage 2 of the Economic and Monetary Union and the Maastricht convergence criteria • In Maastricht Member States decided the convergence criteria that were necessary to take part in Stage 3 of the Economic and Monetary Union. • The convergence criteria were the followings: 1. The inflation rate, 2. The government deficit, 3. The government debt, 4. The long-term interest rate, 5. Participation in ERM II for at least 2 years without severe tensions.

  21. XV. The Amsterdam Treaty • On 2 October 1997: Amsterdam Treaty was signed. • The main elements of the Amsterdam Treaty were the followings: 1. Significant widening of the decision-making competence of the European Parliament 2. Changes were made in the area of Common Foreign and Security Policy 3. Progress was made in intensifying cooperation on justice and home affairs 4. Employment policy was set on Community level. • Criticism: postponing institutional reforms.

  22. XVI. The introduction of euro • The 1995 Madrid European Council agreed on the name for the new currency – the euro – and set out the scenario for the transition to the single currency that would start on 1 January 1999. • In May 1998, 11 Member States met the convergence criteria and thus formed the first wave of entrants which would go on to adopt the euro as their single currency. • On 1 January 1999, the euro was introduced and the Eurosystem. • On 1 January 2002. Introduction of euro banknotes and coins. National banknotes and coins were withdrawn.

  23. XVII. The AGENDA 2000 • The EU had to specify a financial framework for funding the enlargement process and accepting new Member States. • AGENDA 2000 determined the EU’s financial perspectives (budgetary framework) for the 2000-2006 period. • It even specified the financial conditions for the accession on new Member States, to the extent that the Commission’s financial perspectives for the 2000-2006 period included a separate budget line for expenses related to the new Member States.

  24. XVIII. The way to the Treaty of Nice • The Cologne Summit held on 3 and 4 June 1999 decided to convene another Intergovernmental Conference in the first half of 2000 that would close by end of 2000. • Main targets of the Intergovernmental Conference were the followings: to promote the institutional reform + process of decision-making. • The Treaty of Nice was signed on 26 February 2001 and entered into force on 1 February 2003. • The undoubted importance of the Treaty of Nice was that its entry into force opened the way to the historical eastward enlargement.

  25. XIX. The provisions of the Treaty of Nice • The provisions of the Treaty of Nice were the followings: 1. The Treaty of Nice extended the role of majority voting in EU decision-making against unanimity-baseddecisions. 2. The Treaty extended decisions made through qualified majority voting to a number of areas. 3. As regards Community institutions, the Treaty of Nice specified the weights to be assigned to each country in the 27-member Union 4. The Treaty facilitated the use of enhanced cooperation between Member States. • Criticism:

  26. XX. The European Convention • Laeken Summit was held on 14-15 December 2001. • The Heads of State or Government and Member States decided to set up a broad body called Convention. • The Convention was established on 28 February 2002. • The Convention prepared the draft of a new Treaty for the European Union. • The draft Treaty was named the Constitutional Treaty, officially the Treaty establishing a Constitution for Europe.

  27. XXI. The Constitutional Treaty • Intergovernmental Conference was called on by the European Council on 4 October 2003. • The Constitutional Treaty was adopted at the Brussels Summit on 17-18 June 2004. • As a tribute to the Treaty of Rome of 1957, the 25 Member States signed the new Treaty on 29 October 2004 in Rome. • The Constitutional Treaty main targets were the followings:

  28. XXII. Internal crisis of the European Union • The Constitutional Treaty was refused by France (54, 8 No votes) and Netherlands (61, 7% No votes) on referenda held on 29 May and 1 June 2005. • In the first half of 2007. Germany assumed the Council Presidency. • The Berlin Declaration that was signed on 25 March 2007 had three implications for treaty reforms:

  29. XXIII. The path to the Treaty of Lisbon • The Member States agreed on a mandate for a new Intergovernmental conference convened on 23 July 2007 to finalise the Reform Treaty. • On 13 December 2007. The Reform Treaty (Treaty of Lisbon) was signed by the Member States. • The Treaty of Lisbon was refused by a referendum, which was held in Ireland on 12 June 2008 (53, 4 % No votes), but on 2 October 2009, 57 % of the population supported it. • On 1 December 2009. The Treaty of Lisbon entered into force.

  30. XXIV. The content of the Treaty of Lisbon I. • The Treaty of Lisbon in an amending Treaty in classical sense: it amends but doesn’t replace the Treaties in force. • The Treaty of Lisbon makes significant advances regarding the protection of fundamental rights. • The Charter lists all the fundamental rights under six major headings: Dignity, Freedom, Equality, Solidarity, Citizenship and Justice. 

  31. XXIII. The content of the Treaty of Lisbon II. • The Treaty of Lisbon confirms three principles of democratic governance in Europe: - Democratic equality:  - Representative democracy:  - Participatory democracy:  - The treaty also clarifies the relations between the European Union and its member countries. • INSTITUTIONAL CHANGEMENTS:

  32. XXIV. The content of the Treaty of Lisbon III. • The Treaty of Lisbon gives the national parliaments greater scope to participate alongside the European institutions in the work of the Union. • The Treaty of Lisbon enforces the principle of subsidiarity. • Citizens’ initiative: • One of the new elements of The Treaty of Lisbon that it clarifies the scope of competences.

  33. XXIV. The content of the Treaty of Lisbon IV. • According to the Treaty of Lisbon the European Council becomes a full EU institution. • The President is elected by the European Council for 2½ years. • The main changes in the decision-making process within the Council of the European Union: • The qualified majority voting will be extended to many new policy areas (e. g. immigration and culture). • In 2014, a new method will be introduced – double majority voting.

  34. XXIV. The content of the Treaty of Lisbon V. • The creation of EU High Representative for Foreign and Security policy / Commission vice-president is a new element introduced by the Treaty of Lisbon. • The Treaty also introduces a single legal personality for the Union that enables the EU to conclude international agreements and join international organisations. • No significant changes have been made to the role or powers of the European Central Bank or the Court of Auditors.

  35. Conclusion • Forms of integration(from The Treaty of Rome to the Maastricht Treaty): • Free trade area: • Customs union: • Common market: • Single (internal) market: • Economic union: • Political union:

  36. Literature - Zoltán Horváth (2011): Handbook on the European Union, Hungarian National Assembly, Fourth Edition, Chapter I., pp. 21- 80. - The Treaty of Lisbon. Taking Europe into the 21st century.

More Related