History of European Integration PDF

History and Treaty Framework Orlando Scarcello 16/09/2024  History: the origins of the European integration Post-WWII need for continental stability and anti-Soviet project of Western European integration (Churcill’s Zurich speech 194...

History and Treaty Framework Orlando Scarcello 16/09/2024  History: the origins of the European integration Post-WWII need for continental stability and anti-Soviet project of Western European integration (Churcill’s Zurich speech 1946) Council of Europe (1949) Other organizations like NATO were set up approximately at the same time  The Schuman Declaration (9 May 1950) “A united Europe was not achieved and we had war. Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements which first create a de facto solidarity. The coming together of the nations of Europe requires the elimination of the age-old opposition of France and Germany […] The pooling of coal and steel production should immediately provide for the setting up of common foundations for economic development as a first step in the federation of Europe […] The solidarity in production thus established will make it plain that any war between France and Germany becomes not merely unthinkable, but materially impossible”  ECSC Treaty, 1951 Common market for coal and steel  Belgium, France, West Germany, Italy, Luxemburg, the Netherlands (the Inner Six) Governance: o High Authority to implement the treaty o Council of the MS’s Ministers o Assembly  delegates of the national Parliaments o Court of Justice The Treaty expired in 2002  European Defence Community (1952) Treaty on Common Defence, refused by the French National Assembly in 1954 Compensated by NATO and the Western European Union  the latter has been taken over by the EU’S CFSP in 2011 Defence remains a State competence, but increased voluntary cooperation since 2022 Turning point  from political to economic integration EEC Treaty and Euratom (1957). EEC (Treaty of Rome, 1957) o Goal of a general common market  free movement of goods, services, peoples, and capitals o Flanking policies (trade, agriculture, transport) o Governance: Commission, Council, Assembly, and Court of Justice. Regulations and decisions Euratom (signed in Rome, 1957 too): common market for the development of nuclear energy, similar governance Merger Treaty (Treaty of Brussels, 1965): unification of the Council and the Commission. The Communities shared since the beginning the Assembly and the Court of Justice The empty chair crisis (1965-1966) Progress in the first years President De Gaulle instructed the French executive to boycott the meetings to prevent the shift towards supranationalism and majority vote (empty chair crisis) UK’s access blocked by France Luxemburg compromise: major national interests will be decided by unanimity  a “constitutional convention” The Seventies: slow progress Own resources (1970 and 1975): fixed quotas from common customs, agricultural levies, VAT would directly go to the Communities  more budgetary independence Denmark, Ireland and UK join (1972) Regular meetings of the Heads of States and Government (European Council) The Assembly would be directly elected (decided in 1976, first election in 1979)  European Parliament From the currency snake to the European Monetary System (1978) The Court of Justice as a hidden engine (Sixties and Seventies)  Single European Act (1986) Enlargement: Greece (1981), Spain and Portugal (1986) SEA introduced multiple changes o Governance: Court of First Instance and more frequent majority vote in the Council o Competences: new powers in areas like environment and research o Coordination in economic and monetary policies o Social policies and “area without internal frontiers” o Contribution as quota of national GDP to the EU budget birth of the multiannual financial framework. Decisive involvement of the Parliament The Maastricht Treaty (1993) - 1 Need for greater monetary and economic union New geopolitical order  fall of the Eastern bloc and German reunification Schengen (1985) and Dublin (1990) as separate forms of integration Need for a new Treaty  Maastricht (1993) The Maastricht Treaty (1993) -2 Dramatic acceleration in the pace of integration o Monetary union and economic coordination (first stage of monetary union) o EU citizenship o Common Foreign and Security Policy and Justice and Home Affairs o New competences o Subsidiarity and national identity, opt-outs Hard ratification in France, Denmark, UK, Germany  The Greek Temple The EC merged the three Communities (from EEC to EC)  mostly supranational method (qualified majority) Pillars 2 and 3 subject to the intergovernmental method (Council-governance and unanimity), special regulative instruments Source: R. Schuetze, EU Law (OUP 2021)  From Maastricht to Lisbon: intermediate steps Austria, Sweden and Finland join the EU (1995) EMU  Stability and Growth Pact and ESCB, ECB (1994, second stage) Schengen ratified by all MSs (but UK and Ireland) by 1997 Dublin Convention ratified by 1997 and incorporated into EU law EMU  fixed exchange rated (third stage, 1999)  From Maastricht to Lisbon: Amsterdam (1997) Amsterdam Treaty (1997): o High Representative for Foreign and Security Policy o The values of the EU and potential institutional implications (article 7 TEU) o Co-decision procedure for the First Pillar and vote of confidence in the EU Parliament for the Commission (towards a supranational executive) o From JHA to Area of Freedom, Security and Justice (AFSJ)  asylum and migration, border controls, cooperation in civil and criminal proceedings under the first pillar. Schengen incorporated o Enhanced cooperation  From Maastricht to Lisbon: Nice and the Charter (1999-2000) Nice Treaty added a few technical adjustments (e.g., slight reform of qualified majority in the Council) A Convention had been called to draft a Charter of Fundamental Rights  representatives of the national Parliaments, governments, EU Parliament, and Commission Charter “proclaimed” at the European Council in Nice (2000)  Not binding for the time being  From Maastricht to Lisbon: the failed Constitutional Treaty (2004-2005) Vast enlargement to the East: Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia (2004). Bulgaria and Romania in 2007 A “constitution” for Europe  Convention to draft a Constitutional Treaty (2002), the text would be then passed to an intergovernmental conference o Stronger EP, more involvement of national parliaments, binding Charter, simpler system of competences, symbolic elements (flag, “constitution”, EU “laws”) o Rejected at the French and Dutch referenda (2005)  The Lisbon Treaty (2009) After 2 years of pause, a new ICG largely elaborating on the previous Constitution Treaty  Lisbon Treaty (2009). Difficulties in ratification in Ireland and Germany o Abolition of the three pillars structure and of the EC Community  TEU and TFEU o Binding Charter o Reform and expansion of competences o Stronger involvement of national Parliaments o Ordinary legislative procedure o European Council as an institution  The Treaties: 2009-current Treaty on the European Union (TEU): 55 articles, Six Titles: Common Provisions – Democratic Principles – Institutions – Enhanced Cooperation – External action and CFSP – Final Provisions Treaty on the Functioning of the EU (TFEU): 358 articles, Seven Parts: Principles – Citizenship (non-discrimination) – Internal Policies – Overseas Associations – External Action – Institution and Finances Charter of Fundamental Rights of the EU: 54 articles, 7 Chapters 37 Protocols (see art. 51 TEU), 2 Annexes (lists of products/overseas territories) 65 Declarations Bottom line: a (more) political Union “Ever closer union”  political union: equality, sincere cooperation Article 2 TEU: “The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.” Article 6 TEU Single market, AFSJ, Schengen, monetary union and economic coordination, Dublin system, CFSP From Lisbon onwards (2009-2024) Several reforms of the economic governance in the face of the financial crisis: ESM stability mechanism, ECB’s purchasing programs (OMT, PSPP) Croatia joined the EU (2013) Brexit (2016-2020): UK decided to leave in June 2016, withdrawal became effective in January 2020. A Withdrawal Agreement governs the rights of EU citizens in the UK and of British citizens in the EU Post-pandemic recovery plan  NGEU governance Several reforms of migration and asylum to govern migration fluxes from the Mediterranean and the Balkans (last major reform in 2024)  Enhanced Cooperation The Treaties allow for closer integration among States willing to “go ahead” (article 20 TEU) At least 9 Member States  all MS participate in “enhance” Council, but only members vote Last resort and open to participation from other Member States  Commission will evaluate if the MS respects the conditions for participation, Council adopts interim measures Differentiated integration can also occur outside the framework of the Treaties (e.g., the ESM) Enhanced cooperation: procedure Procedure as in article 329(1) TFEU : proposed by the Commission, approved by QMV in Council, EP consent For CFSP, article 329(2) TFEU: HR (opinion), Commission (opinion), EP (knowledge), Council (unanimity) Enhanced cooperation: limits EU exclusive competences are excluded from enhanced cooperation Enhanced cooperation shall not jeopardize the single market, competition, and territorial cohesion of the EU Not part of the acquis  relevant for accession of other States Court of Justice: “only those situations in which it is impossible to adopt such legislation in the foreseeable future may give rise to the adoption of a decision authorizing enhanced cooperation” (C-274-5/11, Spain and Italy v. Council)  Two special regimes Two forms of particularly important à la carte integration: Schengen and the Eurozone Formally, not enhanced cooperation  Schengen Born as a limited treaty of international law in 1985  incorporated into EU law via Protocol 19 Freedom of movement of people  no border controls via land, sea, and air and common visa policy (but temporary derogations are possible) Bulgaria and Romania still not fully integrated: members since 31 March 2024, but land controls are still provisionally in place. Ireland and Cyprus are still out. Unique regime for Denmark. Non-EU countries are part of the agreement too (Switzerland, Norway, Iceland, Liechtenstein). Micro-nations have open borders with Schengen members (Andorra, Monaco, San Marino, and the Vatican City)  The Eurozone Monetary union  Bulgaria, the Czech Republic, Denmark, Hungary, Poland, Romania, and Sweden are out, but only Denmark (and UK) has an opt out. Some non-EU States use the euro as their currency (e.g., Kosovo) Convergence criteria: price stability, sustainable financial position, two years of EU Monetary System, cap for long term interests of public bonds Eurogroup  informal reunions of the Ministers of Finances of the Eurozone MSs. Recognized in the Protocol 14 and has a President. Does not have legal powers, but very influential politically  Accession to the EU - 1 The applicant State must respect the criteria set by the European Council (so-called Copenhagen criteria): o economic criteria (market economy, ability to join the competitive single market), o legal criteria (ability to incorporate the acquis) o political criteria (values of article 2 TEU) Article 49 TEU: unanimous decision in the Council, after consulting the Commission and with consent of EU Parliament (majority of its components)  candidate status  Accession to the EU - 2 Current candidates: Albania, Bosnia-Herzegovina, Georgia, Moldova, Montenegro, North Macedonia, Serbia, Turkey, Ukraine Frequent association agreements Negotiations: 35 chapters to be covered (mostly institutional and economic issues) Accession Agreement: unanimous Council decision and internal ratification of all MS (article 49 TEU)  value of primary EU law, Act of Accession attached to the Treaties Progressive “integration” can be established in the Accession Agreement  Withdrawal from the EU - 1 British and Commission proposals at the Convention of 2002  compromise solution  currently codified in the Lisbon Treaty Article 50 TEU: o The Member State must notify the Council based on its internal constitutional rules o 2 years to reach a withdrawal agreement on the exit  approved by the Council (special QMV) with consent of EU Parliament o The term to negotiate can be extended by the European Council by unanimity  Withdrawal from the EU - 2 Duty to negotiate an agreement  withdrawal agreement as an ordinary international treaty between the EU and the withdrawing State European Council issues guidelines, Council choses the negotiator Once out, the former MS can possibly reapply via article 49 TEU Only one case so far: UK (June 2016-January 2020). Withdrawal Agreement: citizens’ rights, transition provisions, financial provisions, institutional provisions, Protocol on Ireland/Northern Ireland, Protocol on Sovereign Base in Cyprus, Protocol on Gibraltar  The other projects of European integrations European Free Trade Association (EFTA)  comprises Iceland, Liechtenstein, Norway, Switzerland and promotes a free trade area European Economic Area (EEA)  comprises Iceland, Liechtenstein, and Norway and coordinates EFTA and EU, may incorporate part of EU law (functional to economic cooperation) Council of Europe  international organization to uphold the rule of law and human rights in Europe (has an Assembly, a Committee of Ministers, a Convention, and a Court) European Political Community  intergovernmental forum of political cooperation