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1. THE EUROPEAN INTEGRATION PROCESS I
I. HISTORY
1. The idea of Europe
Before 1950, throughout history, we had common legal roots: Roman law, Rule of Law, Democracy, common law (basis of civil law) etc. We shared religious beliefs and had 3 “precedents” of Union: Christianity, the Roman Empire and a common language.
2. Inter-war period
After the WWI, the intellectual elites proposed an united Europe. Tried to avoid confrontations and to start cooperation in a peaceful and voluntary union.
- Caudenhove-Kalergi:^ Supranational^ view.^ “Manifesto^ Paneuropa”.^ Cession^ of^ Member^ States^ sovereignty. Assembly, Federal Tribunal, Government, European citizenship.
- Aristides Briand: Respect of member states sovereignty (confederation); intergovernmental vision. “Memorandum on the Organization of a System of Federal European Union”. Respect to to Member States sovereignty. Union of Economies. These visions can be identified through years and evolution of the eu integration process. Brexit problem; they prefer monetary union. Fascisms led to the WWII and impeded the realization of these proposals.
3. After Second World War
Different attempts for reconstruction. European movements multiply and proliferate.
- Churchill^ —>^ Proposal for the creation of a United States of Europe 1946.
- Union of European Federalists 1946.
- Independent League for European Cooperation 1946.
- European Parliamentary Union^ —>^ Kalergi 1947.
- Treaty of Alliance and Mutual Assistance between France and the UK 1947. Objective —> Overcome totalitarianism, national antagonisms and achieve peace.
4. First steps towards Europe
Congress of Europe/The Hague Congress (1948). Led to the creation of the Council of Europe (international organization ≠ European Council). 1949: The Statute of the Council of Europe is signed.
Communitarian Law Need for Europe’s economic recovery: Marshall Plan (European Recovery Program –ERP-). Plan to rebuild the economies of Western Europe; to distribute the aid, the Organization for European Economic Co- operation (OEEC) is created. Up to this moment; economic cooperation. II. “BIRTH AND EVOLUTION”
1. The “Little Europe” or the Europe of the Six
The Schuman Declaration of the 9th of may of 1950 proposed the creation of an European Coal and Still Community. The first objective was an economic integration and the second one, a political union. 6 countries embraced the plan: West Germany, Belgium, Italy, France, The Netherlands and Luxembourg.
2. Treaty establishing the European Coal and Steel Community (ECSC)
Signed on 18 April 1951. Entered into force 23 July 2002. Expired on 23 July 2002. It was the beginning of the European integration process. It established a common coal and steel market with common objectives. Institutions with effective powers to take decision through rules that escape from Member States individual control, that are controlled by their own jurisdictional organization and that have binding effects for the Member States. Objective : Contribute in this way to the creation of employment and the improvement of the standard of living. It encouraged solidarity and cohabitation. Functionalist approach: Sector by sector. The need of an own defense system led to the propose of the creation of an European defense Community (EDC), negotiated in 1952, accompanied by a Political Community (EPC). Both plans were shelved as the French National Assembly refused to ratify the Treaty for the establishment of a European Defense Community. The efforts focused in the economic integration with view to the consecution of the European unity. Relaunch of the process —> Meeting of Mesina in 1955. Led to the conclusion of two new Treaties in Rome, 25 March
Treaty establishing the European Economic Community (EEC). Objective: The creation of a common market based on the four freedoms of movements (goods, people, capital and services). Treaty establishing the European Atomic Energy Community (EAEC or “Euratom”). Integration in the nuclear energy sector. Characteristics :
- Sectorial nature (economic)
- New step towards an ever closer union between the peoples of Europe
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4. Subsequent amendments of the Foundational Treaties
Single European Acta (1986): Came into force the 1 July 1986; it extended de Communities competences in order to complete the internal market by the 31 December of 1992; increased supranationality and introduced the European cooperation in the field of foreign policy. Treaty of Maastricht on EU (1992): Came into force on November 1993
- Creates the EU based on the European Communities and completed with the forms of intergovernmental cooperation in common foreign and security policy (CFSP) and justice and home affairs (JHA).
- The original economic objective (the creation of a common market) is surpassed. The political ambition is expressed.
- The EMU is launched (the 1 January 2002 the^ €^ entered into circulation in 12 countries).
- Creates the European citizenship. Three pillars (groups in which the powers/competences of the Communities were classified):
- First pillar: The European Community^ —>^ Competences were the Communities had decision power (therefore, areas were MS had transferred sovereignty to the Communities). The community method was applied: Commission monopoly of the right of initiative; widespread use of qualified majority voting in the Council; active role for the European Parliament; uniform interpretation of Community law by the Court of Justice.
- Second pillar: CFSP^ —>^ Intergovernmental cooperation: the Commission's right of initiative is shared with the Member States or confined to specific areas of activity; the Council generally acts unanimously; the European Parliament has a purely consultative role; the Court of Justice plays only a minor role (its control is generally excluded).
- Third pillar: JHA^ —>^ Also intergovernmental cooperation. Amsterdam Treaty 2 October 1997 —> Into force 1 May 1999
- Introduces the principle of respect of fundamental rights and reinforces the mechanisms to make it effective.
- Carries out new institutional reforms with a view to enlargement.
- Transferred several matters from the third pillar (visas, asylum) to the first one^ —>^ In the third pillar remains the provisions on police and judicial cooperation in criminal matters. 1st Denmark, Ireland and UK 1973 (9MS). 2nd Greece 1981 (10MS). 3rd Spain and Portugal 1986 (12MS). 4th Austria, Finland and Sweden (15MS). 5th Cyprus, Malta, Hungary, Poland, Slovakia, Latvia, Estonia, Lithuania, Czech Republic and Slovenia 2004 (25MS). Bulgaria and Romania 2007 (27MS). 6th Croatia 1 July 2013 (28MS).
Communitarian Law Nice Treaty 26 February 2001 —> Into force 1 February 2003; it reach an agreement regarding certain institutional reforms that were not closed in Amsterdam.
- Institutional reforms needed in preparation for enlargement (e.g: the number of MEPs for each MS).
- But it already envisaged the need of new reforms. In December 2001, with the Laeken Declaration, a constituent process was initiated that would lead to the adoption of the so-called “European Constitution”.
5. After Niece
Declaration No 23 annexed to the Treaty of Nice envisaged the need for new reforms —> Called for a deeper and wider debate on the future of the European Union. 4 key issues:
- A more precise demarcation of responsibilities between the EU and the MS;
- The status of the Charter of Fundamental Rights of the European Union;
- A simplification of the Treaties;
- The role of national parliaments in the European architecture. Laeken Declaration December 2001 Begins a constituent process in 3 stages:
- Public debate
- A convention
- An intergovernmental conference
6. The Convention
Forum for debate regarding the future development of the EU and the possible answers. Objective: To prepare for the next IGC as transparently as possible and to address the for main issues concerning the further development of the EU. Works : The Convention drew up a draft Treaty establishing an European Constitution; from March 2002 to July 2003 ( months). Composition:
- A chair (Valéry Giscard D’Estaing)
- Two vice-chairs (Guiliano Amato and Jean-Luc Dehaene).
- 15 representatives for the Member States heads of state or government.
- 30 members of the national parliaments (two per Member State).
- 16 members of the European Parliament
- 2 members of the Commission.
Communitarian Law Following these difficulties —> The Heads of State and Government decided to launch a "period of reflection" on the future of Europe, but finally it was not possible to carry out the text.
The European Council held in Brussels, the 21 and 22 of June, decided to convene an IGC to finalize and adopt, not a Constitution, but a reform treaty for the European Union. The IGC 2007 started working in July and finished in October. The Heads of State and Government gave a detailed mandate to the IGC, and convened that the innovations agreed in 2004 were introduced in the new Reform Treaty. The final text of the treaty, drawn up by the IGC, was approved at the informal European Council in Lisbon on 18 and 19 October. The Treaty of Lisbon was signed by the Member States on 13 December 2007. After it, the ratification process was opened. Hungary was the first MS to ratify it. The intention was that the ratification process ended in 2008, for the Treaty entry into force before the EP elections (that were to be held in June 2009). But a negative referendum in Ireland avoid it. June 2009: The European Council granted certain legal guarantees to Ireland (relating to taxation policy, the right to life, education and the family, and Ireland's traditional policy of military neutrality), confirming Ireland’s sovereignty in these areas —> The objective was to facilitate a new referendum in Ireland. 3 October: Ireland hold the referendum and says yes to the Treaty. The Treaty is ratified the 23. 4 November: The President of the Czech Republic signed the Treaty, last country doing it.
10. Liston Treaty came into force 1 December 2009
Amends the TEU and the TEC, but do not replaces them (as it was the intention of the European Constitution). The Treaty of the EAEC is still in force. Therefore, it does not simplifies. The EU replaces and succeeds the European Community. The EU acquires legal personality. All the elements that could remind an evolution towards a federal State are eliminated (e.g.: the Minister of Foreign Affairs). It fuse the three pillars (although the CFSP maintains its intergovernmental characteristics). The Treaty introduces new institutional reforms (amends the rules concerning the composition of the Commission, the European Parliament, the Committee of the Regions and the European Economic and Social Committee). The Union recognizes the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union (CFR) —> The Charter is not incorporated to the Treaties (like the European Constitution did), but it is granted the same legal value as the Treaties. The distribution of competences is clarified. The decision-making procedures are also modified. Lisbon Treaty structure:
- Article 1: Amendments to the TEU
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- Article 2: Amendments to the TEC, whose name changes to Treaty on the Functioning of the European Union
- Articles 3 to 7: Final provisions
- Protocols Therefore, after the Lisbon Treaty reform, the structure of the Treaties is: A. Treaty on the European Union (TEU):
- Preamble
- Common provisions (Title I),
- Provisions on democratic principles (Title II),
- Provisions on the institutions (Title III),
- Provisions on enhanced cooperation (Title IV),
- General provisions on the union’s external action and specific provisions on the common foreign and security policy (Title V),
- Final provisions (Title VI). B. Treaty on the Functioning of the European Union:
- Preamble.
- Part one: principles.
- Part two: non-discrimination and citizenship of the Union.
- Part three: Union policies and internal action (internal market; free movement of goods; agriculture and fisheries; free movement of persons, services and capitals; area of freedom, security and justice; common rules on competition, taxation and approximation of laws; economic and monetary policy; employment; social policy; etc);
- Part four: association of overseas countries and territories.
- Part five: external action by the Union.
- Part six: institutional and financial provisions.
- Part seven: general and final provisions. These parts are organized in 33 Titles, that are divided in 34 Chapters and 358 articles 38 Protocols and 65 Declarations are annexed to the Treaties, that are part of them and have binding value:
- The Protocols have a varied scope and content, and refers to National Parliaments role, the principles of subsidiarity and proportionality, the Statute of the Court of Justice, the European Investment Bank...
- The Declarations are also numerous. They deal with positions or opinions regarding certain provisions of the Treaties, and are an important instrument for their interpretation. Others reflect certain MS positions regarding determined issues or territories, or specify the scope of certain expressions.
