Regional Integration: Legal Frameworks

Regional Integration Legal Frameworks

• A legal framework for regional integration includes the laws, agreements, treaties, and institutional structures that enable cooperation and integration among neighboring or allied countries.
• These frameworks enhance economic cooperation, promote peace and security, facilitate shared policies, and ensure legal mechanisms for conflict resolution and policy implementation.

Key Components of Regional Legal Frameworks

• Treaties/Agreements: Foundational legal documents that define the scope of cooperation (e.g., the Treaty of Lisbon for the EU).
• Regional Institutions: Bodies established to enforce agreements and monitor compliance (e.g., European Commission for the EU, ASEAN Secretariat for ASEAN).
• Dispute Resolution Mechanisms: Mechanisms for resolving conflicts between members (e.g., the European Court of Justice).
• Protocols and Annexes: Implement the goals outlined in the founding documents, providing more detailed agreements.
• Legal Standards and Regulations: Apply across member states in areas like trade, human rights, and environmental protection.

EU Legal Basis

• The Treaty of Paris (establishing the ECSC) was signed on 18 April 1951, and in force in 1952.
• The Treaty of Paris was an agreement where six European States agreed to work towards integration and which set up bodies such as a 'High Authority', a Parliamentary Assembly and other committees.
• The ECSC Treaty expired on 23 July 2002, after 50 years.
• The Research Fund for Coal and Steel uses allocated assets from the ECSC's dissolution.
• The Treaties of Rome established the EEC and the European Atomic Energy Community (EAEC).
• The Treaties of Rome were signed on March 25, 1957, and came into force on January 1, 1958.
• The Treaties of Rome were concluded for an unlimited period, which conferred quasi-constitutional status on them.
• The six founding countries were Belgium, France, Germany, Italy, Luxembourg, and the Netherlands.

The Maastricht and Amsterdam Treaties

• They created a European Union based on three pillars: the European Communities, the CFSP, and cooperation in the field of JHI.
• The Amsterdam Treaty enabled the Union to function more efficiently and democratically, helping its enlargement.
• The Treaty on European Union was signed in Maastricht on 7 February 1992, and in force on 1 November 1993.

The Maastricht Treaty and Union Structure

• The Maastricht Treaty created an 'ever-closer union among the peoples of Europe'.
• The Union was based on the European Communities and had a single institutional structure comprised of the Council, the European Parliament, etc.
• The Treaty established an Economic and Social Committee and a European Committee of the Regions, which both had advisory powers.

The Maastricht Treaty and the Union's Powers

• The Union was given certain powers classified into three pillars:
• The first pillar was the European Communities, providing a framework enabling powers transferred from Member States.
• The second pillar set out the common foreign and security policy.
• The third pillar was cooperation in the fields of justice and home affairs.

The European Community (first pillar)

• The task was to make the single market work and to promote balanced and sustainable development of economic activities, a high level of employment and social protection.
• Objectives were acting within its powers, by establishing a common market and related measures.
• Community activities had to respect the principle of proportionality and, in areas that did not fall within its exclusive competence, the principle of subsidiarity.

The common foreign and security policy (CFSP) (second pillar)

• The Union had the task of defining and implementing, by intergovernmental methods, a common foreign and security policy.
• Member States were to support this policy actively and unreservedly in a spirit of loyalty and mutual solidarity.
• It was structured to safeguard the common values, fundamental interests, independence and integrity of the Union.

Cooperation in the fields of justice and home affairs (third pillar)

• The Union's objective was to develop common action by intergovernmental methods to provide citizens with a high level of safety within an area of freedom, security and justice, covering the following areas:
  • Rules and the exercise of controls on crossing the Community's external borders.
  • Combating terrorism, serious crime, drug trafficking and international fraud.
  • Judicial cooperation in criminal and civil matters.
  • Creation of a European Police Office (Europol) with a system for exchanging information between national police forces.
  • Controlling illegal immigration.
  • Common asylum policy.

The Amsterdam Treaty

• The Treaty of Amsterdam amending the Treaty on European Union was signed in Amsterdam in Oct 1997, entered into force May 1999.

Increased Powers for the Union

• Special importance was given to balanced and sustainable development and a high level of employment.
• Mechanism was set up to coordinate Member States' policies on employment.
• Some Community measures were possible in this area.

European Community

• The Agreement on Social Policy was incorporated into the EC Treaty with some improvements (removal of the opt-out).
• The Community method now applied to some major areas which had hitherto come under the third pillar, such as asylum, immigration, crossing external borders.
• Areas included combating fraud, customs cooperation and judicial cooperation in civil matters, in addition to some of the cooperation under the Schengen Agreement.

European Union

• Intergovernmental cooperation was strengthened by defining objectives and precise tasks and creating a new legal instrument similar to a directive.
• Instruments of the common foreign and security policy were developed later, in particular by creating a new instrument, the common strategy, a new office.

A Stronger Position for Parliament

• Under the codecision procedure, Parliament and the Council became co-legislators on an equal footing with the exception of agriculture and competition policy.
• The codecision procedure applied to all the areas where the Council was permitted to take decisions by qualified majority.

Power of Control

• Parliament also had a vote to approve in advance the person nominated as President of the future Commission (Article 214).

Election and Statute of Members

• The Community's power to adopt common principles was added to the existing power to adopt a uniform procedure regarding the procedure for elections to Parliament.
• A legal basis was created to adopt a single statute for MEPs.

Closer Cooperation

• The Treaties contained general provisions allowing some Member States to organize closer cooperation between themselves under certain conditions.
• The areas where closer cooperation was possible were the third pillar and, under restrictive conditions, matters subject to non-exclusive Community competence.

Simplification

• The Amsterdam Treaty removed all provisions which were void or obsolete, while ensuring that this did not affect the legal effects derived from them.
• The Treaty articles were renumbered.
• The Treaty was signed and submitted for ratification in the form of amendments to the existing Treaties.

Institutional Reforms with a View to Enlargement

• The Amsterdam Treaty set the maximum number of Members of the European Parliament at 700 (Article 189).
• The composition of the Commission and the question of weighted votes were covered by a 'Protocol on the Institutions' attached to the Treaty.
• Before the 21st Member State joined, a new intergovernmental conference would have to comprehensively review the Treaties' provisions on the institutions.
• There was provision for the Council to use qualified majority voting in a number of the legal bases newly established by the Amsterdam Treaty.

Other Matters

• A protocol covered Community procedures for implementing the principle of subsidiarity.
• New provisions on access to documents (Article 255) and greater openness in the Council's legislative work (Article 207(3)) improved transparency.

Role of the European Parliament

• The European Parliament was consulted before an intergovernmental conference was called.
• Parliament was also involved in the intergovernmental conferences according to ad hoc formulas.

Treaty of Lisbon

• The Treaty of Lisbon amends the Treaty on European Union and the Treaty establishing the European Community (OJ C 306, 17.12.2007); entry into force on 1 December 2009.
• The Treaty of Lisbon started as a constitutional project in 2001, followed by the European Convention which drafted the Treaty establishing a Constitution for Europe.
• The Treaty of Lisbon is a result of the negative outcome of two referendums on the Constitutional Treaty.
• On the basis of the Berlin Declaration of March 2007, the European Council of 21 to 23 June 2007 adopted a mandate for a subsequent Intergovernmental Conference (IGC).
• The IGC concluded its work in October 2007 and the Treaty was signed on 13 December 2007.

Objectives and Legal Principles

• The Treaty establishing the European Community is renamed the 'Treaty on the Functioning of the European Union' (TFEU) and the term 'Community' is replaced by 'Union'.
• The Union takes the place of the Community and is its legal successor.
• The Treaty of Lisbon does not create state-like Union symbols like a flag or an anthem.
• No additional exclusive competences are transferred to the Union by the Treaty of Lisbon.

Enhanced Democracy and Legal Power

• High level of parliamentary scrutiny and democratic accountability is attained.
• The Treaty of Lisbon contains no article formally enshrining the supremacy of Union law over national legislation.
• Declaration 17 to the Treaty stated that EU law takes precedence over national law.
• The Treaty of Lisbon clarifies the powers of the Union.
• It distinguishes between three types of competences:
  • Exclusive competence, where the Union alone can legislate, and Member States only implement;
  • Shared competence, where the Member States can legislate and adopt legally binding measures if the Union has not done so;
  • Supporting competence, where the EU adopts measures to support or complement Member States' policies.

Union Competence

• Union competences can now be handed back to the Member States in the course of a Treaty revision.
• The Treaty of Lisbon gives the EU full legal personality, obtaining the ability to sign international treaties in the areas of its attributed powers or to join an international organisation.

Additional Formal Procedures

• The Treaty provides formal procedures for withdrawal.
• Treaty absorption completed by third piliar aspects.
• Parliament proposes amendments to the Treaties.

Fundamental Rights

• The Treaty of Lisbon expresses the three fundamental principles of democratic equality.
• The Charter of Fundamental Rights is not incorporated directly into the Treaty of Lisbon, but acquires a legally binding character.
• The process of the EU's accession to the ECHR was opened when 14th protocol entered into force on June 1, 2010.

A New Institutional Set-Up

• Parliament is now composed of representatives of the Union's citizens.
• Parliament's legislative powers have been increased through the ordinary legislative procedure.
• The maximum number of MEPs has been set at 751, with citizens' representation being degressively proportional.
• The maximum number of seats per Member State is reduced to 96, while the minimum number is increased to 6.

New Regulations

• The Treaty of Lisbon formally recognizes the European Council as an EU institution.
• It is responsible for providing the Union with the 'impetus necessary for its development' and for defining its 'general political directions and priorities'.
• The VP / HR is appointed by a qualified majority of the European Council.
• Since the President of the Commission is now chosen and elected taking into account the outcome of the European elections, the political legitimacy of the office is increased.

Several Passerelle Clauses

• These allow for a change from unanimous decision-making to qualified majority voting and from the consultation procedure to codecision.
• Areas where the Union has no exclusive powers can establish enhanced cooperation among themselves.
• Authorization for its use must be granted by the Council after obtaining the consent of the European Parliament.
• The Treaty of Lisbon strengthens the principle of subsidiarity by involving the national parliaments.

New / Extended Policies

• Policies introduced in environment policy, which now includes the fight against climate change, and energy policy, which makes new references to solidarity and the security and interconnectivity of supply
• On the common security and defence policy, defence clauses are introduced.

Role of the European Parliament

• Parliament's contributions for the Treaty of Lisbon led to the signature.
• Parliament acknowledged some provisions where they fell short of expectation.
• A resolution on improving the functioning of the European Union suggested more suggestions.

African Union (AU)

• Constitutive Act of the African Union established a legal framework focused on economic, political, and legal integration.
• Legal framework focused on peace, security, governance, and development.
• The Core Legal Imperatives in Achieving African Regional Integration:
  • Divergent legal systems.
  • Non-ratification and non-implementation of key obligations.
  • Lack of fully developed legal principles within the municipal law.
  • Conflict of laws.
  • Ambiguity of treaty language.

Impediments of an Economic Nature

• Lack of (financial) incentive to ensure compliance; inadequate (financial and human) resources and technical expertise for implementation; weak economic structure of African states; differing macro-economic policies; concerns about uneven gains and losses; and low levels of intra-African trade.
• Political obstacles to integration: unbridled attachment to national sovereignty; inability to incorporate integration goals into national development programme; ineffective national institutions; and political instability and conflicts.

East African Community (EAC)

• Focus on regional integration, economic cooperation, and a common market.
• Enabled legal framework that has created a conducive legal environment for investments to thrive.
• Legal framework enabling harmonization and rationalization of investment incentives.
• Aims to promote the EAC as a single investment area.

Legal Framework

Act Status:

• The EAC Customs Management Act, 2004: Last amended in 2012, in force.
• The EAC Elimination of Non-Tariff Barriers Act, 2017: In force - not ratified.

Partner States

• In line with this, a careful reading of various Treaty provisions suggests that the Partner States intended to confer powers to the Community in the following areas: i) Trade liberalization and development, including the establishment of a Customs Union and a common market; ii) Investment and industrial development
• A careful reading of provisions led to: iii) Standardization, quality assurance, metrology and testing iv) Monetary and financial matters, including the free movement of capital v) Infrastructure and services vi) Development of human resources, science and technology
• There was further guidance on: vii) Free movement of persons, labor, services, right of establishment and residence viii) Agriculture and food security ix) Environment and natural resources management x) Tourism and wildlife management xi) Health, social and cultural activities
• Other areas for Partnership: xii) Enhancing the role of women in socio-economic development xiii) Political matters xiv) Legal and judicial affairs.
• Emphasis on economic integration, security cooperation, and non-interference.

European Union Legal Framework

• Treaties: Foundational documents such as the Treaty of Rome (1957), Treaty of Lisbon (2007).
• Legal Structure:
  • European Parliament (legislative body).
  • European Commission (executive body).
  • European Court of Justice (judicial body).

Key Policies

• Single Market: Free movement of goods, services, capital, and people.
• Common Policies: Common Agricultural Policy (CAP), trade policy, environmental policy.
• Eurozone: Shared currency for some member states (Euro).

Challenges

• Sovereignty Issues: Member states occasionally resist ceding national powers (e.g., Brexit).
• Economic Disparities: Wealthier states vs. economically weaker member states.
• Political Divergence: National interests sometimes conflict with EU goals (e.g., immigration policy, fiscal discipline).

African Union Legal Framework

• Treaties: Constitutive Act of the African Union (2000).
• Treaties address peace, security, governance, and economic cooperation.
• Legal Structure:
• African Union Commission (AUC:) Executive body.
• Pan-African Parliament Legislative Body.
• African Court on Human and Peoples' Rights Judicial Body.

Asia Legal Framework

• Treaties: ASEAN Charter (2007) - Provides the legal foundation for ASEAN.
• Treaties set out that - ASEAN Secretariat is the main administrative body, and the ASEAN Summit meets to discuss strategic issues.

Key Policies and Challenges

• Weak Enforcement: Lack of strong enforcement powers to compel member states to comply with AU decisions.
• Political Instability: Ongoing conflicts in member states hinder the AU's effectiveness.
• Divergent Interests: Diverse political and economic conditions among African nations make consensus difficult

The East African Community Legal Framework

• Treaty: The treaty for the Establishment of the East African Community (1999)
• Legal Structure is - The East African Legislative Assembly (EALA) is the Legislative arm and the East African Court of Justice (EACJ) judicial body, the EAC Secretariat is the executive body for coordination.

ASEAN Legal Framework

• ASEAN Free Trade Area (AFTA) Promotes trade by reducing tariffs.
• The ASEAN Economic Community (AEC) Aims for a single market and production base.
• Key regional issues and political cooperation

Additional Challenges in Asia

• Non-Interference Principle Limits ASEAN's ability to address domestic issues in member states
• Diverse Political Systems Different political ideologies affect decision making.

Evaluation Criteria for Legal Frameworks

• Effectiveness: Able to achieve stated goals .
• Efficiency:Cost efficient implementation.
• Sustainability:Adaptability to new challenges.

Inclusivity and Flexibility

• Inclusivity: Participation of all members in decision-making processes and benefits
• Flexibility: adapt to geopolitical, economic, or social conditions.

Evaluating the Effectiveness of Forums

• EU: Highly effective in economic integration, human rights/governance
• EU: Challenges in political cohesion and sovereignty concerns
• AU: strong in conflict resolution but enforcement is weak.

Issues in Trade Community and Legal Frameworks

• Trade in East Africa Community faces political instability
• Lack of political will in East Africa prevents full integration

Challenges Facing Regional Legal Frameworks

• Sovereignity vs Regionalism; Divergent National Issues; Economic Inequalities; Weak Enforcement Mechanisms; Geopolitical Tensions

Recommendations for Strengthening Regional Legal Frameworks

1. Stronger Enforcement Bodies : more robust institutions
2. Balanced Power Sharing: equitable decisions
3. Incresed Collaboration invest in integration