7th Module .pptx

III POLICY-MAKING OF THE EUROPEAN UNION Making and management of policies; Trade and Development 7th MODULE Marco da Costa, Ph.D Department of Political Science Saint Louis University THE MAKING AND MANAGEMENT OF EUROPEAN-LEVEL POLICIES INTRODUCTION There is NO one way of making European policy (The...

III POLICY-MAKING OF THE EUROPEAN UNION Making and management of policies; Trade and Development 7th MODULE Marco da Costa, Ph.D Department of Political Science Saint Louis University THE MAKING AND MANAGEMENT OF EUROPEAN-LEVEL POLICIES INTRODUCTION There is NO one way of making European policy (Theories):  Some policies, such as foreign policy and policy on certain aspects of justice and home affairs, are very intergovernmental, and use a decision-making process that is based largely on government-togovernment cooperation.  By contrast, there is much more of a supranational (EU-level) quality to policies, such as agricultural policy because of the “Single Market”: protecting the EU COMPETENCE S The TFEU outlines the EU competences according to the level of EU powers in each area (Articles 2, 3, 4, 5 and 6). The TFEU: Treaty on the Functioning of the Euro pean Union. The TFEU is one of 2 primary treaties of the EU, alongside the Treaty on European Union (TEU, 1992- 'Maastricht Treaty’:). It forms the detailed basis of EU law by defining the principles and objectives EU COMPETENCES A)'exclusive' competences: customs union common commercial policy (video) competition (for internal market) protection of marine biological resources 1-international agreements 2-monetary policy (euro area)  1-Member states cannot conclude bilateral trade agreements with a non-EU country (The Council of the EU concludes international agreements on behalf of the Union). Parliament’s consent is needed for the conclusion of trade and other international agreements with non-EU States. Preparatory work is carried out by the committees. Example: in 2017, the European Union was negotiating the Transatlantic Trade and Investment Agreement with the United States / The EC in Latin America. B) ‘shared' competences Research, technological internal market development and space social policy Humanitarian aid economic, social, and territorial cohesion energy agriculture and fisheries area of freedom, security, and Environment (video) justice consumer protection common safety concerns in public transport health trans-European networks Member States can act freely as long as EU legislative bodies have not previously intervened. Many of these issues will be addressed legislatively by the OLP (Ordinary Legislative Procedure). FOR WHO? These are issues that are “shared” competences between the European Parliament (European interest) and the Council of the EU (national interest): two legislative bodies in the EU  Member states agree that the EU may act to help achieve common objectives. So… The EU only supports or coordinates what member states do  These shared competencies are based on the principle of subsidiarity (“El principio de subsidiariedad”): The principle that the EU should only act where this is necessary, either because of the nature of the issue or because the objectives can be better achieved at the level of the EU than by member states C) “supporting, coordinating, and supplementary” competences: protection and improvement of human health (video) industry culture tourism 1-education, vocational training, youth, and sport civil protection administrative cooperation  The EU only provides finance or ‘incentive measures’ to support what member states do.  In these cases, member states retain full legislative competence, and the harmonization of national laws and European regulations is explicitly excluded.  1-For example, the EU cannot adopt measures that would oblige member states to VIDEO Observing the different competences of the EU (exclusive, shared, shared and coordinated), which do you think should be an exclusive competence for the EU or the opposite? Has Europe forgotten defense (area of freedom, security, and justice: “shared competence”) in the last thirty years because it is always under the umbrella of NATO and the USA? (Ukraine-Russia) (Discussion Board 7th) INTRODUCTION, COMPETENCES AND… How does EU law-making work? Five stages are often identified in a typical public policy cycle: 1) Agenda-setting 2) Policy formulation 3) Decision-negotiations 4) Implementation 5) Evaluation 1) AGENDA-SETTING MAXWELL McCOMBS (VIDEO) and DONALD SHAW: Agenda-Setting Theory    This theory was developed by Maxwell McCombs and Donald Shaw in 1972 as a result of their study of North Carolina voters during the 1968 presidential election campaign. This study found a correlation between issues that voters believed were important and issues that the media gave prominence to. So… This theory would study the phenomenon of the formation of public opinion. According to this theory, “public opinion” is… 1- the opinion that citizens form based on a series of topics-issues proposed by the media. 2- there is a transfer to the citizen of issues that the press considers important. 3- therefore, the political-media reality is a construction of the  Identifying a problem and agreeing to do something to address it: Every year, the Commission adopts its annual work programme setting out the list of the most important actions it will take in the year ahead.  The centrepiece of the agenda-setting process when it comes to legislation is the Commission Work Programme (CWP)- “Programa de trabajo de la Comisión”.  This Commission has the last word in deciding whether or not to present a proposal. BUT…. Its programme is based on prior consultation with other institutions such as the European Parliament, the Council, and the European Commission. LINK “The Commission has delivered on over 90% of the commitments made in the 2019 Political Guidelines of President von der Leyen. In 2024, a dedicated effort by the colegislators is needed to find agreement on outstanding proposals to bring benefits for Europe’s citizens and businesses. This Commission will work until the last day of its mandate to address our common challenges. We will provide strong support to the European Parliament and Council to facilitate agreements on remaining key proposals, while tabling the few new initiatives still needed to deliver on our promises Commission Work Programme and preparing the Union for tomorrow”. (CWP): six headline ambitions (PDF in  Von der Leyen is Canvas) already in the A European Green Deal (pp. 7-8) electoral campaign.  Please, co-legislators, find agreements and legislate. WHY? disagreements/ agreements between EP (citizen interest) and the EU Council (national interest) A Europe fit for the digital age (pp. 8-9) An economy that works for people (pp. 910) A stronger Europe in the world (pp. 11-12) Promoting our European way of life (pp. 12-13) 2) POLICY FORMULATION  This is almost always in the hands of the… European Commission REMEMBER: the Commission proposes new laws / legislatives proposals  The Commission has to explain (mainly, CONVINCE to the EP and the Council): why there is a problem that requires an intervention what objectives the Commission hopes to achieve which options are available to pursue those objectives and which option is recommended the impact that those options can be expected to have, particularly in economic, social, and environmental terms (and beneficial to citizens) how monitoring and evaluation is to be assured  The Commission drafts the legislation (examination of the proposal) that is passed on to the two legislative bodies… WHO EXAMINES THE PROPOSAL?  From the European Commission? It is represented by the lead department responsible for the file (DG ´s)  From the UE Council? The rotating presidency of the Council brings representatives of the member states and specialists from the home governments / General Secretariat of the Council (GSC)  From the European Parliament? One of the 20 standing committees is usually recognized as the ‘committee responsible' for the file, depending on the field. The committees submit their final report to Parliament as a whole: The EP adopts the text of the legislative proposal at its plenary session: 20 AND 3 3) DECISION-NEGOTIATIONS  Adopting the final decision.  FOUR REMINDERS (Module 5th): 1. The main vehicle through which the EP and the Council expresses their preferences and shapes legislation is the… Ordinary Legislative Procedure (OLP) 2. This procedure was first introduced by the Maastricht Treaty in 1993 and has now become the dominant method for adopting EU legislation. 3. The OLP makes the EP a genuine co-legislator with the UE Council, on an equal footing. 4. The OLP covers a wide range of areas, such as economic and monetary affairs, energy, agriculture, fisheries, transport, the environment and consumer protection. What type of competences?  To adopt the final decision, the EP and the Council have to agree. HOW? There are up to THREE readings of legislation in this procedure, meaning that there are successive moments at which the two institutions can come to an agreement ‘First reading agreements’ are reached when the EP and the Council find a compromise through INFORMAL negotiations and meetings known as “trilogues” on the basis of the Commission’s proposal.  The documents supporting these meetings are not made public while negotiations are taking place. Discussions seem to take place between a small number of people behind closed doors, while the plenary does no more than formally ratify the provisional agreement by a single vote. This has led to debate as to whether this practice satisfies norms of transparency, participation, and accountability, especially at first reading. PROS?  Others, in contrast, consider that a reasonable balance has now been found. The process is supported by a fourcolumn document at first reading. The first column contains the Commission’s proposal, the second and third columns normally show the EP and Council’s respective mandates, while the fourth column is gradually filled with comments, compromise proposals, and eventually the EU COPYRIGHT REFORM complete agreement. Around 90 per cent of concluded files end in the first ‘Second readings’ mean that the Council’s position at first reading had not been pre-agreed with Parliament. Between July 2014 and June 2019, only four out of a total of 401 files were concluded at this stage. ‘Third readings’ represent the last chance to agree. A ‘conciliation committee’ is convened between Council and Parliament delegations with short deadlines to agree on a ‘Joint Text’. This then has to be ratified by the two institutions. There was no case of conciliation between July 2014 and June 2020. After 2020, 85 per cent of all OLP agreements are reached without the need for conciliation: The EU does not foster a ‘voting/veto’ culture. If the legislative agreement does not arrive after conciliation… What happens? 4) IMPLEMENTATION  Putting the decision into effect.  There is an interaction between the European Commission and the member states: National authorities are primarily responsible for doing what is necessary to make things work through practical implementation in terms of resources, surveillance, and enforcement, as well as by means of the transposition of EU directives into national laws where appropriate. The task of the Commission is to assist member states and stakeholders: It is only as a last resort that the Commission will initiate infringement proceedings before the Court of Justice, if it concludes that a member state is not applying or enforcing legal obligations, for example by failing to notify measures incorporating directives into national law, or transposing directives incompletely or incorrectly. Once an agreement is reached between Parliament and the Council of the European Union, the legislative act is 1-published in the Official Journal of the European Union. It is then 2-transposed into national legislation, and 3-applies to all European citizens. LINK (Module 5th-PDF Canvas) TRADE AND DEVELOPMENT POLICIES INTRODUCTION  The European Union is unquestionably one of the largest concentrations of economic power in the global arena: in trade, investment, and other forms of international production and exchange, the EU can be seen as a potential economic superpower such as USA, India, or China.  In recent years, the Union, through the Commission, has sought to exploit a number of these opportunities and to establish itself as a key player in the emerging global economy: a leading role in the handling of international environmental issues its claim to be a leader in the provision of EU COMPETENCES  This policy (trade and development) is “shared” between the EU institutions and national governments. For example: the majority of development aid to the less developed countries is given by member states as part of their national programmes INSTITUTIONS  Commission, Council, and EP play a central role in initiating, conducting and implementing commercial policy agreements BUT…  The core of the European Union’s external economic relations is the Common Commercial Policy (CCP) - “Política comercial común de la UE”: The CCP is the means by which the EU manages the complex range of partnerships, negotiations, agreements, and disputes that emerge through the operation of the customs union and the Single Market POLICY-MAKING FOR TRADE Two types: A) “TRADE PROMOTION” The EU has developed a complex range of trade and commercial agreements, covering almost every corner of the globe. B) “TRADE DEFENCE” The EU is concerned to counter perceived unfair trade practices by its key partners, such as the dumping (“competencia desleal”) of goods at unrealistically low prices on the EU market, the subsidization (“subsidio”) of goods, or the creation of barriers to EU exports. A) “TRADE PROMOTION” Some of these are bilateral, with individual countries such as China; others are inter-regional, covering relations with groupings such as the Association of Southeast Asian Nations (ASEAN) or with the Organisation of African, Caribbean and Pacific States (OACPS); others still are multilateral, with the prime example being the World Trade Organization (WTO), an international organization that deals with the rules governing trade between countries. B) “TRADE DEFENCE” RUSIA: commercial relationships with Russia have been significantly affected by the conflicts of the past few years in Ukraine (and now with the war) and have also led to the imposition of economic sanctions by the Union (Module 12th). CHINA: the EU has had to change its approach as China TENSIONS (AND CHALLENGES) AND CONTRADICTIONS IN EU TRADE AND DEVELOPMENT POLICY  The EU professes its commitment to the global management of trade issues but often acts as though it wishes to pursue its own interests in a unilateral manner.  BREXIT: The negative impact of the departure of the UK from the EU. The UK was one of the three largest trading countries in the EU (now an economic rival), and its second largest donor of overseas development assistance.  GLOBAL COMPETITION: The external pressures created by globalization, by competition from major established and emerging economies (China, India, etc.).  CRISIS IN 2008: The impact of the financial and economic crisis since 2008 must also be factored into this balance, since it has created pressures for greater 1protectionism in trade and for 2-reductions in overseas development assistance. On the whole, the EU has maintained its general stance in favour of trade liberalization and a major commitment to overseas aid, but the pressures persist and have been underlined by the 3-rise of populism and nationalism in several EU member states.  Tensions between the national preferences of the member states and the European perspective of the Commission, raising questions about the extent to Poland and Hungary imposed in 2023 a ban on food grain from Ukraine. Warsaw decided to soothe angry farmers, who complained of a glut of Ukrainian grain that was driving down prices. The move exposes cracks in the European solidarity with Kyiv in the ongoing war against Russia. The European Commission is in favour of integrating Ukraine (future enlargement?) into the EU because it would be very positive for the European economy. Ukraine is known as the “breadbasket of Europe”.

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