EU Public-Policy Making: Characteristics

Core Characteristics of EU Public-Policy Making

• The EU serves as a funding mechanism, a common market with shared regulations and also operates as a geopolitical entity.
• While the EU takes on numerous roles, most of the work is done at the national level.
• Estimates for rules impacted by the EU are between 20-70%.
• Laws must be consistent across all levels of governance.
• The EU influences member states through guidance and limitations rather than directly enforcing laws.
• The EU's global presence is defined by external trade policies, coordinated foreign and defense strategies, and unified international representation.
• The EU engages geopolitically by interacting with other nations, offering candidate memberships, implementing development policies, and leading international peacekeeping and trade initiatives.
• As a treaty-based entity, members can withdraw, yet the EU adopts legislation and exhibits state-like attributes, without fully becoming a state.
• Each member maintains its own constitution.
• EU law doesn't always take precedence.
• Federalism is the distribution of authority across government levels, and not a centralized EU superstate.
• A supernational decision-making body has the power but only in certain policy areas.
• The EU supplements member states but doesn't fully replace policy in all regions.
• The EU parliament is very powerful.
• National politics are more prominent in public discussions, creating secondary elections
• Media attention in the EU is limited but growing.
• Some theories specific to the EU's evolution exist alongside more general international relations theories.
• Standard policy and political science theories generally apply well to the EU's internal operations and decision-making.

History of European Integration

• Widening is the addition of new members while deepening refers to policy agreements via treaties.
• The ECSC laid the foundations for the EU.
• From 1945-1951, the ECSC emerged, influenced by communism/capitalism dynamics.
• The USSR's growing influence was a concern.
• There was a growth of Communist movements in Italy and Germany
• To counter the risk of communist uprisings in Western Europe.
• Post-war reconstruction included addressing housing and economic crises.
• The Marshall Plan required European cooperation as a condition for Marshall Aid through the OEEC/OECD.
• The concept of federalization emerged, promoting deeper European cooperation surpassing alliances.
• Interdependence was seen as a way to avoid future wars.
• The Council of Europe focused on human rights with 46 states and a court in Strasbourg in the late 1940s.
• Jean Monnet sought to prevent Franco-German wars by creating mutual incentives, especially through the Coal and Steel Community.
• Germany had significant coal reserves, while France faced shortages.
• Jointly managing resources and markets meant coal and steel were taken out of national hands and given to a new organization.
• It worked to regain credibility and demonstrate democracy to the USSR.
• Temporary solutions can become permanent.

Treaty of Rome

• In 1957, It Established the EEC/Euratom
• This treaty diminished the global influence of France and the UK.
• EU cooperation was seen as a means to regain international influence.
• Created a single European market with external trade policies and fair competition among the original six members.
• The treaty included funds to reduce economic disparities and the Common Agricultural Policy.

1960's Stagnation

• Charles de Gaulle felt the EEC held excessive power.
• The UK's membership was blocked twice.
• There were decision-making gridlocks due to the "empty chair crisis".

1970's: Optimism and Expansion

• In 1973, UK, Denmark, and Ireland Join
• Countries joined the EU when France lifted its block.
• Environmental awareness grew, leading to the adoption of non-economic policies within the treaty.
• A loophole was found related to environment policy with backing by the Court of Justice
• The definition of economy expanded.
• Economic stagnation and high inflation marked the late 1970s.

1980's: Stagnation and Reform

• Greece joined in 1981
• Spain and Portugal Joined in 1984
• Marget Thatcher highlighted issues with the failing agricultural policy due to subsidized overproduction.
• Thatcher's era saw economic downturn, and the UK protested against being a net contributor.
• The Single European Act of 1986 expanded the Treaty of Rome.
• The creation of a single market fit the commissions ambition.
• A chapter on the environment was added.
• The European Parliament gained formal influence in certain areas through cooperation procedures.

Post Cold War

• Concerns arose about a more powerful, reunified Germany.
• Opinions were divided on how to move forward with European Integration: some favored greater cooperation, while others feared German dominance.

1990's Expansion

• Austria, Sweden and Finland joined in 1995
• The 1993 Maastricht Treaty established the European Union with a Revised EEC/SEA in the 1st pillar
• The new framework had more policy depth and co-decision-making.
• Common Foreign and Security Policy in the 2nd pillar, where the EP was not involved.
• The Justice and Home Affairs in the 3rd Pillar, where EP was not involved with EUROPOL.
• The Maastricht Treaty committed to a common currency managed by the ECB in Frankfurt and allowed Denmark and the UK to opt-out of certain parts.

1999 Treaty of Amsterdam

• The treaty incorporated more policies into the 1st pillar and defense cooperation/Schengen into the 2nd pillar.
• Elements of the Schengen Agreement were integrated into the first pillar.

2000’s Expansion and Reform

• 2004 there was expansion to include Poland, Hungary, Czech Republic, Slovakia, Slovenia, Latvia, Lithuania, Estonia, Malta, Cyprus (PL HU CZ SV SK LV LE EE MT CY)
• The 2003 Treaty of Nice focused on more deepening.
• The treaty included one commissioner per member state and point system reform with population and # of MS.
• The treaty of Nice also created calls for simplification
• Some constitutional treaty components were integrated into existing treaties, minus EU symbols.
• The new framework made co-decision the norm, introduced the process for leaving the EU, and solidified the European flag and anthem.

2007 Onward

• Bulgaria and Romania Join in 2007 (+ BG RO)
• Croatia Joins in 2013 (+ HR)
• The Lisbon Treaty, signed in 2009, increased the power of the European Parliament.
• The 2009-2025 era saw working around existing treaties and a Eurozone crisis.
• Member state leaders took on a more prominent role in guiding the direction of Europe

The EU and Finance

• In 2021 there was Brexit
• The N.A.T.O Model identifies four policy instruments: Nodality, Authority, Treasure, and Organization that are all different in the EU
• Budgetary procedures include the Commission preparing an annual draft budget, Council and EP propose amendments, and must accept/reject a compromise.
• The multi-annual financial framework spans 7 years, requiring unanimous Council approval and EP acceptance.
• Earnings come from member state contributions, import tariffs, fines, Eurobonds, and taxes.
• Revenues consist of Gross National Income contributions and "own resources" like custom/excise duties, VAT, carbon/single-use plastic taxes.
• The EU's significant spending policies fund Cohesion, Regional Development, Agricultural policy and Research
• The EU budget is small, but has a big impact on subsidy recipients like farmers and poorer member states.
• Aid is conditional on the rule of law and cross compliance.
• There are three levels to water subsidies, multi-annual financial framework, annual levels, and individual subsidy decisions

The European Commission

• The European Commission proposes legislation, the EP and Council adopt it, the Commission issues administrative rules, and member states implement it.
• The EU commission’s roles include policy preparation, overseeing implementation, and external representation.
• The Commission has almost exclusive rights for legislative initiatives through a process involving expert groups, consultation, white papers, impact assessment, and approval
• The commissioner with cabinet weekly meetings, and directors historically controls this process
• Comitology involves detailed decisions being delegated to the Commission due to legislatures' limitations, with legislative oversight in return.
• There are two types of Comitology committees, delegated and implementing acts.
• It is the guardian of the treaties and ensures compliance, but also may launch infringement procedures.
• A relatively small staff obtains information through national administration links, stakeholder meetings, and study reports.

Commission Appointment

• The European Council nominates a president with consideration of EP election, followed by an EP vote.
• Member States nominate a commissionaire, the EP hears candidates, and the Council votes.
• Though the Commission is formally independent, all actors keep eachother in check.

Council of Ministers & The European Council

• The Council of Europe deals with human rights issues, not the EU.
• The Council of the European Union is the Council of Ministers, while the European Council is and composed of heads of state and government.
• Inside its complex structure, the council has ministers at the decision-making level, Coreper responsible for internal council issues, and many working groups.
• Permanent representations serve as embassies.
• The Presidency rotates every six months and organizes the council's agenda.
• The general secretariat handles logistics and offers advice.
• Unanimity is required for exceptions given to member states, negotiator success, and compromise between issues.
• The council creates consensus through bargaining among working groups, Coreper, and ministers.
• Deliberation also occurs between these groups
• Some issues require all member states to agree or veto
• Qualified majority voting (QMV) is used for most issues: if the proposal comes from the EU commission > 55% of member states in favor
• QMV only passes if those states represent 65% of the EU population
• A blocking minority: >35% of EU population (at least 4 large states)
• Member states align positions with ministries, but the Council's transparency is improving.

Foreign Policy

• The processes described before primarily applies to single market and EU Laws.
• Foreign policy has hardly any role for rotating presidency and the High representative is in control

Councils

• The European Council differs from the Council of Ministers.
• The Heads of state and government meet at Summits
• There are hardly any formal decisions.
• Highly political issues and decision-making is difficult.
• European Governance is informally very important.

The European Parliament

• The European Parliament can encourage the commission with the agenda, amend proposals, control some decision-making and hold the commission to account
• The Ordinary Legislative Procedure (OLP) is the main decision-making process for adopting legislation in the European Union
• Building majorities involves political groups and thematic specialization.
• First the elections of national parties, then the formation of a the grouping in Europe
• Sometimes the motivation depends on the individuals and there are group limitations

Thematic Specialization

• There are +- 22 parliamentary comittees
• All political groups are represtented on the parliamentary committees.
• Rapporteurs are file managers that are able to take in account addendums and propose a position

The Unit

• The unit that prepared the proposal also has the unit head, director, or director general

EU Legal Order

• The structure of the EU Legal Order includes treaties, legislation and delegated/implementing acts.
• The legal basis specifies articles in the treaties and decision-making procedures.
• TEU treaty is broad while the TFEU treaty is much more and the charter is on fundamental rights.
• EU law includes principles like conferred powers, subsidiarity, and proportionality.
• Only the EU can enact laws under exclusive competence in cases such as customs, competition and trade.
• Shared competence is when the EU and member states share competence in certain areas as long as the EU has not done so
• Decision-making happens at the lowest level possible and can be challenged by national parliaments.
• If an objective is in play, measures can't overachieve.
• 3, The directive needs to be transposed into national law
• The Court of Justice handles procedures and infringement cases.

Environmental Policy

• A somewhat quiet period, but still saw the Accession of UK, Ireland and Denmark and the founding of the EMS system
• The Paris Declaration marked the EU's start in this area, building on landmark decisions by the European Court of Justice related to direct effect and supremacy.
• The principle of mutual recognition was established
• Environmental protection can justify bottle rules
• The Single European Act in 1980 gave a basic legal framework for creating environmental policy and addressing border problems like acid rain
• Germany wanted to push the framework through more regulations
• The principle of subsidiarity means that policies should be made at the lowest level possible
• Environment policy has used principles of precaution, prevention, rectifying at the source, and ensuring polluters pay for damage.
• The European Green Deal wants climate-neutrality in 2050 with many initiatives
• Pressures on marine waters in the EU is multifaceted and interconnected

Spatial Planning

• The comprehensive model combines various sectorial policies, integrates planning vertically and policy horizontally.
• The evolution started in 1999 with ESDP, Lisbon Treaty in 2007
• The Lisbon Treaty was revised with Territorial Agenda 2020 and 2030.
• The EU influences through non-binding frameworks.
• The Leipzig charter wants integrated development.

EU Influence

• The EU assists through non-binding frameworks and financial mechanisms.
• The EU also implements mechanism for network and cooperation and discourse setting
• Land based spatial planning has fixed boundaries, where Marine spatial planning is the opposite
• 2014, was the development of martime spatial plan