Revision:Politics - European Union

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European Union

Contents 1 Institutions of the EU= 1.1 European Commission 1.1.1 Powers 1.1.2 Criticisms 1.1.3 Misconceptions 1.1.4 Theorising 1.2 Council of Ministers/of the European Union 1.2.1 Strengths/Criticism 1.3 European Council 1.4 Presidency 1.5 European Parliament 1.6 CO-LEGISLATIVE w/Council of Ministers (of The European Union) 1.6.1 Supervisory Powers 1.6.2 Criticisms 1.6.3 Reform Proposals 1.7 European Court of Justice 1.8 Democratic Deficit? 2 EU TREATIES 2.1 Single European Act (1986) 2.1.1 What it did 2.1.2 Why was it important? 2.2 Maastricht Treaty (1991) 2.2.1 What it did 2.2.2 Why was it important? 2.3 Amsterdam Treaty (1997) 2.3.1 What it did 2.3.2 Why is it important 3 Sovereignty 3.1 EU THREAT TO SOVEREIGNTY 3.2 NO LOSS OF SOVEREIGNTY 4 Economics and Monetary Union (EMU) 4.1 For 4.2 Against 5 Federalism 5.1 What 5.2 For 5.3 Against 6 Enlargement 6.1 What 6.2 For 6.3 Against 7 Comments

Institutions of the EU=

• Intergovermentalism: International organisation in which national governments have primacy in decision making
• Council of Ministers and European Council
• Supranationalism: International organisation which contains institutions which are independent taking decision which are binding on members
• European Commission, European Parliament and European Court of Justice

European Commission

• CO-EXECUTIVE w/ Council of the European Union
• 27 Commissioners, 1 per Member State.

 *'Elected' by European Parliament
 * 5 Year renewable term
 * One commissioner as High Representative (Lisbon Treaty, 2009)
   * Becomes Vice-President of Commission

• President is nominated in European Council

 *Allocates Commissioner portfolios
 *Principal representative of the Commission in outside dealings.
 *Lays down Commission guidelines
 *Steers policy packages through European Council.
   *Delors Pakcage (1992), Agenda 2000 (1999) etc

• Commissioners must be INDEPENDENT of national government

 * TEU Art. 17
 * Chosen on grounds of general competence and independence from national government

• Commission also has a civil service – 16,000

Powers

• Initiate and formulate policy

 *Sole right of 'Legislative Initiation' (Treaty of Rome, 1957)

• Executes EU legislation
• Administers expenditure
• Guardian of the treaties

 *Ensures application of treaties and law
   *Offers non-compliant states a 'Reasoned Opinion'
     *Links to ECJ... 1999 French rejection of British Beef, ECJ found in favour of UK (2001)

• Represents the EU (international trade negotiations)
• Policy competence: agriculture, competition, environment

Criticisms

• Unelected
• Unaccountable
• Overly bureaucratic
• No control over physical means of enforcement
• Minor Foreign Policy and Defence Role
• Corruption (1999 resignations)

Misconceptions

• NOT a government

 *Designed to provide neutrality 
 * Works in the interest of the community

Theorising

• Intergovernmental

 *An actor operating via guidelines and principles
 *Minimal autonomy, bound by other institutions (EP/EC)

• Supranational

 *Actor able to be free from other institutions
 *Focus on decision making

Council of Ministers/of the European Union

• Rotating 6-Month Presidency in 3-Nation 18-Month 'Troika'. Meetings are held in incumbent Member State (Hungary)

 *Foreign Policy meetings are chaired by High Representative (Lisbon Treaty, 2009)
 *Build a consensus for initiatives
   *Extensive negotiation between Member States, European Parliament and European Commission
 *Ensure 'Continuity' and 'Consistency' of Policy development.

• Serves 4 major functions

 * Legislative
   *Develop/Making of Legislation
 * Executive
   *Blocking Power
     *Issues with 'Comitology'
   *May impose specific requirements
 * Steering
 * Forum (Mediator)
   * Voice of Member States

• 10 Different Policy formulations
• COREPER

 *Each Member State has One Permanent Delegate in Brussels
 *Main task to Co-Ordinate Council business; partly as a 'Fixer' and a 'Troubleshooter'
   *Senior Delegates operate in COREPER II
   *Deputy Permanent Representatives in COREPER I

• CO-LEGISLATIVE w/European Parliament (Post-Lisbon, 2009)
• Takes key decisions on Common Foreign Policy and Justice and Home Affairs
• Coordinates broad economic policies of member states
  • Harmonisation of tax rates
  • Increased flexibility of Labour markers
• Unanimity (only for major policies)
• Simple Majority (technical decisions)
• Qualified Majority Voting (proportion to population)

 *258/345 Votes required to pass motion

• CO-EXECUTIVE w/European Commission
• Small/Retained Executive role
• Foreign/Defence Policy and 'Interventions

Strengths/Criticism

• Can defend national interests
• Democratic
• Member States cabinets operate in different orders.

 *Ministers of a 'Similar Seniority' should meet but is often not the case.
 *Agendas can cross different sectors and some Ministers may be involved in meetings whereby they are not experts on the situation; 'Sectoral Responsibility'.

• Accountable
  • Decisions are slow
  • Heads of government are merely a ‘rubber stamp’
  • National leaders work for personal benefit not EU benefit

European Council

• Membership: Heads of State/Government of Member States, President of European Council and the President of the Commission

 *High Representative takes part in its work but DOES NOT vote.
 *President of the Commission and of the European Council also have NO voting right.

• Minimum of 2 meetings per year (Single European Act, 1986)... Usually 4

 *Forum at the highest political level

• Provide strategic leadership
• Initiated key developments – SEA, Maastricht, EMU
• NO Legislative power

 *Prevented by TEU (Maastricht, 1992)
 *Policy initiation... Dispenses Guidelines

• Co-Ordinator of EU Policy goals and Activities

Presidency

• Pre-Lisbon: Rotational Presidency
• New Role created via Lisbon Treaty (2009)
• Tasks of/role:

 *Drive forward Union work
 *Elected in the European Council by QMV BUT lack of unanimity may undermine Presidency
 *Operates only within European Council
 *No Specific Powers... May summon 'Special Meetings'

European Parliament

• Only directly elected institution
• All Member States use some form of PR

 *UK: D'Hondt List Method

• 785 MEPs

 *Elected for 5-Year terms
 *Divided between Member States
   *Germany: 99 MEPs
   *UK/France/Italy: 78
   *Spain/Poland: 54 etc

• Decisions made by majority vote (367+)

 *Decisions made in 'Party Groups' NOT in Member State blocks.

• No overall majority between Party Groups

 *Centrist coalitions

CO-LEGISLATIVE w/Council of Ministers (of The European Union)

• Adopts 'Draft' Legislation from the Commission.

 *Co-Decision procedure with Council of Ministers/the European Union (Post-Lisbon, 2009)

• Can formally adopt ideas for suggested legislation

 *Art. 225 TFEU: Acting Majority of the EP may request the Commission to submit any appropriate proposals if a 'Union Act' may be required.

• Co-Legislative Power
  • Shares with Council of Ministers/of the European Union
  • Influence varies depending on legislative process
    • Assent Procedure – simple majority vote
    • Consultation Procedure (Single Reading)

 *EP is asked for its 'opinion' by the Commission
   *Council makes decision regardless of EP 'opinion'
     *HOWEVER, IF the Council acts before the EP has given an 'opinion', the consequent 'Law' will be invalidated by the European Court of Justice

• • • Ordinary Legislative Procedure (OLP)

 *EP 'Co-Decides' with the Council (Post-Lisbon, 2009)
   *Power to veto proposals
   *Goal = To Amend NOT reject proposals
 *Can involve 3 Readings.

• • • Consent Procedure

 *Can veto but cannot ammend
 *Only given one reading 

• • • Budgetary Powers – parliament must agree

 *Power over Compulsory (C) and Non-Compulsory (NC) Expenditure.
 *Little control over CE due to National Government controls
 *NCE = Over 50%  of total expenditure
   *E.g. Aid to Post-Communist Countries
 *Scrutinises Commission's administrative and financial activites
   *Grants 'Discharge' (Approves) to 'The Books'

Supervisory Powers

• Commission

 *Post-Lisbon (2009): 'Elects' Commission President
   *European Council selection must conform with EP elections
 *All Commissioners-Delegate are subject to a '3-Hour Grilling'
   *Approved or Rejected e.g. Rocco Buttiglione (2004)
 *Art. 318 TFEU: Commission to submit annual accounts to EP/Council of Ministers (of the European Union)
 *Establishment of temporary committees to monitor maladministration
 *Budgetary Power
   *Refused 1990 Budget
   *1998: Refused discharge of budget (Not Approved)... 1999: Commission resigns before being dismissed
 *Cannot dismiss one Commissioner... Must dismiss entire Commission
 *Right to question the Commission

• Council of Ministers/of The European Union

 *Limited interference due to fears of 'Supranationalism'
   *Council is designed to be quick and efficient in making Intergovernmental decisions
 *Electoral cycles make it difficult to establish continuity between the two.

• European Council

 *Operates outside of the TFEU Framework
   *Purely intergovernmental organisation

Criticisms

• Not truly representative body

 *Debatable due to low voter turnout in 'Second Order' Elections

• High absentee rate
• Expensive and Bureaucratic to run
• Not sufficient powers

Reform Proposals

• Second upper chamber created using representatives of national legislatures
• EP should be able to dismiss individual members of Commission
• EP should be given more power to use Co-decision procedure

European Court of Justice

• 15 judges appointed by member states for 15years
• Rules on interpretations of the Treaties and EU laws
• Rules on where EU law takes precedence
• Lacks sanitations and relies heavily on Commission for enforcement

Democratic Deficit?

• Unrepresentative / Unaccountable / Secretive / Bureaucratic / Remote / Low participation
• Unelected Powers of the Commission
• Commission acting as both legislature and executive
• Unaccountable Council of Ministers forms legislature
• Impotence of European Parliament
• Only one chamber in EP
• MEPs lack of accountability
• Secrecy in decision making
• Undue influence of pressure groups and special interests
• European Central Bank which controls EMU but not under control of a democratic body
• EP Needs more powers
• Democratic things in EU
  • Way EP is chosen
  • Powers of EP (co-decision)
  • Checks and balances in system (ECJ)

EU TREATIES

Single European Act (1986)

What it did

• Progressive relation of monetary union
• Ever closer union of the European peoples
• Creation by 1992 of a single market
• Extension of QMV within Council of Ministers to economic issues
• Increase in the power of the European Parliament Cooperation Procedure
  • EP could propose (not force) amendments to economic laws
• Structural funds doubled to help those adversely affected by Single Market
• Boarding of jurisdiction to matters concerning energy and environment

Why was it important?

• Revived economic project by created the biggest trading unit in the world
• Creates greater social/economic equality through structural funds
• Began to tackle the democratic deficit (EP)
• Implied the EMU and led to European Central bank
  • Was seen as creeping federalism
• Factortame Case
  • Loss of sovereignty
• Growth of Europhobia in UK electorate and politics.

Maastricht Treaty (1991)

What it did

• European Community became the European Union
• Creation of the EU, 3 pillars
• European Communities
  • Supranational (ever close union)
  • Conditions of convergence criteria laid down for path to monetary union
  • Widened to new areas such as consumer protection and transport
  • QMV extended to environment and competition
  • Co-decision procedure
  • Social Chapter (UK opt out)
• Foreign Policy and Security Policy
  • Intergovernmental
  • Unanimity
  • Cooperation between possible common objectives and methods
  • Asset the Unions identity on the international scene
• Justice and Home Affairs
  • Intergovernmental/decentralised
    • Issues arising from open borders
      • Asylum/Immigration/Terrorism/Drugs
  • Policing would be coordinated by Europol
• Common European Citizenship – working/human rights, stand/vote in EU elections
• Subsidiary “in areas which do not fall within the EU’s exclusive competence decisions should be made at the lowest possible level” – Local/Federalism allows to preserve sovereignty and stop EU becoming too powerful.

Why was it important?

• Major step toward a federal super state? Single Currency, loss of identity
• Widening of supranational economic area
• Widening of EU’s jurisdiction but limited in force due to pillars
• Variable Geometry – UK/Denmark opting out of Social Chapter
• Ambiguity of Subsidiary – Federalism? States rights?
• Growth of Europhobia
  • Rebels were able to exploit Europhobia due to ERM collapse and nearly prevented the treaty from being ratified

Amsterdam Treaty (1997)

What it did

• Equal opportunities – discrimination on gender/race/sexuality/religion/age outlawed
• Border Controls – all removed except UK and Ireland (Schengen Agreement)
• Social Chapter fully incorporated
• More coordination of intergovernmental pillars via Europol
• Rapid Reaction Force (European Army – undermining of NATO?)
• QMV extended to employment and public health
• Green light for enlargement to former Communist States
• Common Laws on immigration, visas, asylum and divorce (UK opt out)

Why is it important

• Less notable and controversial that either SEA / Maastricht
• Retreat from grand vision of a federalist future
• Widening and deepening continued but slower
• Flexibility – integration at their own pace
• Commitment to enlargement and to another treaty to make arrangements for it

Sovereignty

Supreme and unrestricted power residing in an individual or group or body'

• Parliamentary Sovereignty
  • Right to make or re-make any law
  • Legislation cannot be overturned by any higher authority
  • No parliament can bind its successors
• Legal Sovereignty
  • Supreme power to make laws within a state that will be enforced
• External Sovereignty
  • Country is not subject to the legal authority of another country
• Internal Sovereignty
  • A system of government in which the legislature is legally supreme
• Political Sovereignty
  • The power to choose the legislature and the government rests with people.

EU THREAT TO SOVEREIGNTY

• EU law has primacy over national law
  • Factortame case
• UK has lost right of veto in areas where QMV applies
• EU acts in areas such as monetary policy, immigration and foreign policy
• Inability to throw the European Rascals out
  • EC, ECB and ECJ are unaccountable to the electorate
• Inevitability of the ‘ever-closer’ union in the future (federalism)
• 80% of legislation emanating from the EU
• Charter of Fundamental rights
• EU Constitution will extend QMV is it happens.

NO LOSS OF SOVEREIGNTY

• Sovereignty is in terms of effective influence and capacity to act
• UK has not lost sovereignty rather it has ‘pooled’ it with the EU
• Pooling sovereignty has allowed for greater objectives to be achieved
  • Single European Market
  • Single Currency
• Globalisation has meant that no state can act independently on most issues anyway, so it is a fallacy to claim we still have legal sovereignty
• UK has much more power/influence on the world stage as a strong member of EU
• Parliament could still revoke membership (2years…)
• Still unanimity on certain things (taxation, defence)
• Key functions of a state;
  • Own Currency (STILL HAVE)
  • Raise/Lower Taxes (STILL CAN)
  • Declare War (STILL CAN)

Economics and Monetary Union (EMU)

For

• Single market requires single currency
• Transaction costs eliminated (1/2% of GDP)
• Price Transparency
• Business Stability / Certainty increase
• Interest rates lower if we joined
• Possible loss of FDI if we don’t join
• Britain needs to pull its weight in Europe – can’t do so without being part of EMU

Against

• Erosion of sovereignty
• Changeover costs (£3.5billion)
• Can’t have one interest rate for such diverse economies
• Loss of ability to cope with external shocks
• Britain may become uncompetitive due to Europe’s high social costs and inflexible labour markets

Federalism

What

• Two levels of government regional/general
• Formal distribution of powers
• Written constitution
• An umpire

For

• Wider political structure needed for things nation states can’t do on its own
• Pooling of sovereignty not a loss
• Enhance security both politically/economically
• Inevitability of the single market/single currency
• Social benefits

Against

• Threat to national sovereignty
• Diversity is too great between EU members
• Democratic deficit, lack of elected commission etc.
• Nationalism is a virtue
• Will of smaller nations may be greater than larger nations
• Idealistic dream not reality – USA can do it, but EU is too diverse (no association as European, language barrier etc.)

Enlargement

What

• 10 new countries joined the EU on May 1st 2004 (Poland, Malta, Cyprus etc.)
• 2 more in 2007 (Bulgaria and Romania)
• Are the latest wave of enlargement that has been seen
• Croatia - 2010? Macedonia? Turkey?
• Requirements
• Stability of political institutions
• Market economy
• Meet EU membership obligation
• Adoption of ‘acquis communautaire’ law of the EU (competition/labour market etc)

For

• United and stable and influential Europe
• Preserve democracy in ex-Soviet States
• Slowing down of deepening (harder for federalism)
• Two speed Europe
• Increase Single Market Size, increased trading + jobs
• Greater range of goods + lower prices
• Catalysts for further economic reform in EU such as the CAP
• Lower cost skilled labour into labour shortages (doctors etc.)

Against

• Harder to make decisions
• QMV extension (loss of sovereignty)
• Strains on EU budget (CAP)
• Reduction of structural funds for Portugal etc.
• Drain resources from major EU contributors
• Higher unemployment in EU(15) – cheaper labour
• Economic migration to the west

Comments

These notes are aimed at people studying for OCR A Level Politics, Unit 3 - European Union.

Amendments by BillyMarsh have updated inaccuracies and unfounded bias. From notes on 2nd Year Undergraduate Module 'The European Union'

Originally written by cor on TSR Forums.