History of European Integration HC1 & 2 PDF

**HC1 & 2 - History of European Integration** **Before and During the War** Nation states vs Europe - Victor Hugo's vision of seamless travel across European cities, symbolizing unity. - The United States as a model of: - [Federalism]: In a federal structure, individual st...

**HC1 & 2 - History of European Integration** **Before and During the War** Nation states vs Europe - Victor Hugo's vision of seamless travel across European cities, symbolizing unity. - The United States as a model of: - [Federalism]: In a federal structure, individual states maintain autonomy while cooperating under an overarching national government. The question arose whether Europe could adopt a similar model, in which nation-states would partially relinquish their sovereignty to ensure economic, social, and political stability. - [Continental power]: European nations wanted the same collective ability for global power. After WWI, \"war to end all wars\": [Pan-Europa Movement] advocating European federalism to prevent war. → \"United States of Europe.\" - The First World War (1914--1918)/ \"the war to end all wars,\" highlighted the destructive power of nationalism and militarism. In the aftermath of the war, the Pan-European Movement (1923) was founded by Richard Coudenhove-Kalergi. This movement advocated for a united Europe as a solution to war and conflict, emphasizing cooperation among democracies. Winston Churchill during WWII: Advocating for European integration to prevent conflict, especially between major powers like Germany and France. → Example: treaty of Dunkirk Resistance against Nazi Germany: Foundation post war collaboration. David Mitrany: British political scientist, developed the concept of [functionalism] during and after the Second World War. He proposed that cooperation in functional areas such as trade, infrastructure & technology promote political unity. He believed that practical collaboration in specific fields would foster cross-border trust, ultimately leading to lasting peace. **After the second world war** **1946**: [Churchill's speech on a United Europe at Zurich University]. - Advocating for a "United States of Europe" to ensure a lasting peace. **1947**: [Treaty of Dunkirk signed (1947 march)] - In case of threat France and Britain will unite as one. (military) **1948**: Organization for European Economic Cooperation (OEEC) established. - It coordinated U.S. financial aid under the Marshall Plan. By distributing aid collectively rather than individually, the OEEC stimulated cooperation among European nations and laid the groundwork for economic integration. **1948**: [Congress of Europe in The Hague] - Considered a federalist congress, chaired by Winston Churchill, advocating federalism and European unity. - Provided critical momentum for European integration by envisioning a unified and cooperative future. - Three objectives: I. Demonstrate existence body of public opinion in support of European unity. II. To discuss the challenges posed by European unity and propose practical solutions to governments. III. To give new impetus to the international publicity campaign. - Institutions suggested at the Congress: European Centre for Culture, College of Europe, Council of Europe and the European Convention on Human Rights. - After the congress, Churchill said in a speech: \'Men will be proud to say, I am a European.\' **1948**: [Berlin Blockade] - The Soviet Union blockaded West Berlin, to force the Allies out of the city. It underscored tensions leading to the Cold War and emphasized the need for a united Western response (later becoming NATO). **1948**: [Treaty of Brussels] signed. - Mutual defense agreement among Belgium, the Netherlands, Luxembourg, France, and the UK against threats such as Germany and the Soviet Union. The BeNeLux nations joined the Treaty of Dunkirk to strengthen Western European defense. It evolved into the Western European Union after 1954, emphasizing collective security. **1949**: [North Atlantic Treaty Organization (NATO)] signed. - NATO was formed to provide collective security against the threat of Soviet aggression. Its creation marked a significant step in transatlantic cooperation and solidified the military alliance between the U.S., Canada, and European nations. It aimed to deter Soviet expansion and ensure the defense of Western Europe through mutual commitments and strategic planning. **1949**: [Statute of the Council of Europe] signed. - It establishes a framework for cooperation in human rights and democracy. - This led to the creation of the European Court of Human Rights (ECtHR) under the European Convention on Human Rights, which came into force in 1953. The ECtHR allows individuals to bring cases against their governments for human rights violations, setting a precedent for human rights protection across Europe. **Founding the European Communities** **1950**: May 9, [Schuman Declaration] - Proposed pooling coal and steel production under a supranational authority to ensure peace and prevent future wars. The goal was to make war between historical rivals, such as France and Germany, materially impossible by integrating their economies. This idea laid to: **1951**: [Treaty of Paris] - Established the European Coal and Steel Community (ECSC). - France, West-Germany, Italy, the Netherlands, Belgium and Luxembourg. **1952**: [European Defence Community (EDC)] signed. - Aimed to create a pan-European military force under supranational control to counter Soviet aggression and prevent conflict. - 1954: EDC rejected by the French Parliament due to concerns over national sovereignty and German rearmament. **1953**: Draft [treaty for a European Political Community (EPC)] adopted - Linked to the EDC: when this failed, so did EPC. **1954**: [Western European Union (WEU)] established. - To coordinate European defense and security policies among member states. It evolved from the Treaty of Brussels and played a role in fostering cooperation during the Cold War, bridging gap between NATO and European integration efforts. **1955**: Western German accession to NATO. **1957**: [Treaty of Rome] - Created the European Economic Community (EEC) and the European Atomic Energy Community (Euratom), they were established in 1958. - France, West Germany, Italy, Belgium, the Netherlands, and Luxembourg. - Marking a shift towards economic integration. **1959**: [European Free Trade Association (EFTA)] established. - Austria, Denmark, Norway, Portugal, Sweden, Switzerland and the UK. - EEC versus EFTA: the inner Six against the outer seven. - Alternative to the European Economic Community (EEC). EFTA focused solely on free trade without the deeper political integration of the EEC, creating a divide between the \'inner Six\' (EEC members) and the \'outer Seven\' (EFTA members). This division highlighted differing visions of European cooperation: EEC\'s pursuit of economic and political union versus EFTA\'s preference for economic collaboration only. **Years of crisis\ 1963**: 22 january, [The Elysée Treaty] signed. - Franco-German friendship. - Aims: - Message of reconciliation - Groundwork for bilateral cooperation to support European integration. - 22 january 2019: [Aachen treaty] signed by France & Germany - Aims: - Renew message of reconciliation & Strengthen bilateral cooperation **1963**: Membership application of the UK, and Denmark, Ireland and Norway. - The UK was rejected twice by French President Du Gaulle. (Du Gaulle feared that british accession would undermine European integration) - Norway voted against joining in a referendum 1972. **1965**: [Empty Chair Crisis] begins. - Lasted 7 months. - A proposal was drawn up for financing the Common Agricultural Policy (CAP) that suggested, in part, majority voting in the Council of Ministers. - - French President De Gaulle disagreed with the proposal, believing it threatened national sovereignty. - On July 1, 1965, France began boycotting the Council of Ministers, effectively halting decision-making within the EU. **1966**: [Luxembourg Compromise] ends the Empty Chair Crisis. Luxembourgish Prime Minister Werner proposed the compromise, which was agreed in January 1966. Resolved decision-making conflicts in the EU by allowing member states to veto proposals that threatened its vital national interests. This balance between national sovereignty and European unity helped prevent further blockades of EU operations. → Still in use. **1973**: [First enlargement] of the EU with the UK, Denmark, and Ireland joining. **1975**: [First British referendum on EU membership ] - \'Do you think the United Kingdom should stay in the European Community (the common Market)?\' → 67% voted to remain, 33% to exit. **1981**: [Thatcher\'s speech at the College of Europe] on Britain and Europe. - She emphasized Britain's commitment to European cooperation, describing it as essential for prosperity and security. However, she strongly rejected centralized power in Brussels or the creation of a \"European super-state.\" Thatcher stated, \"We have not successfully rolled back the frontiers of the state in Britain, only to see them re-imposed at a European level.\" This speech highlighted Britain\'s preference for collaboration over integration and foreshadowed the tensions that would later culminate in Brexit. **1985**: [The UK rebate] - Financial mechanism negotiated by Margaret Thatcher to reduce British contributions to the EU budget. This was due to the UK\'s relatively low return from EU agricultural subsidies compared to its contributions, emphasizing fairness in budget allocation and setting a precedent for other member states to renegotiate terms. **Deepening and Widening Integration** Two schools of thought on how the EU could develop: - [Deepening]: Intensification of integration processes and structures. - For instance: Acquiring collective debt during the COVID-19 pandemic (next-generation plan). - [Widening]: Refers to the enlargement of the EU, but may also be used to denote the increasing scope of Community or Union competences. - For instance: Accession of Albania or North Macedonia. **Deepening of European Integration** **1985**: European Council agrees to the establishment of a Single Market. **1986**: [Single European Act] signed; entered into force July 1987. - Single Market and Treaty basis for European Political Cooperation (EPC). **1992**: [Single Market] established. **1993**: [Maastricht Treaty] - Establishing the European Union. Signed 1992, entered into force 1993. - Goals: - To expand the scope of European integration; - To reform the EC's institutions and decision-making procedures; - To bring about the European Monetary Union. - Brought together the EEC (EMU), ECSC, and Euratom into the European Union. - Initiated cooperation on Common Foreign and Security Policy (CFSP) and\ Justice and Home Affairs (JHA). - Three pillars: I. European Communities II. Common Foreign and Security Policy III. Justice and Home Affairs **1997**: [Amsterdam Treaty]; entered into force May 1999. - Signed 1997, entered into force 1999 - Added the establishment of an area of freedom, security and justice\ (AFSJ) to the EU's objectives. - Changed Pillar III: - Much of Justice and Home Affairs activity was shifted from Pillar III into Pilar I. → Communitarisation, transferring specific national policies to EU-level governance for more uniformity. - Police and judicial cooperation in criminal matters remained in Pillar III. - Schengen cooperation was incorporated into the EU. - However, this led to increasing differentiation: The UK, Ireland, and Denmark gained several opt-outs. **1999**: Stage III of the [Economic and Monetary Union] (EMU). - 2002: Introduction of the euro. **2001**: [Treaty of Nice] signed; entered into force February 2003. - Aimed to reform the institutional structure of the EU to withstand the challenges of the new enlargement (ex. the upcoming accession of middle and eastern Europe). Changes included: - Introduced weighted voting in the Council. The number of votes was increased for all Member States, but the share accounted for by the most populous. MS power decreased: previously 55% of votes, it fell to 45% when the 10 new members joined, and to 44.5% on 1 January 2007. - (MS get a number of votes depending on the size of population, weighted voting ensures that smaller countries have a higher relative share of votes to its size, ensuring their voices are heard) - Seats in the European Parliament increased from 700 to 732. - The powers of the EP were increased. - But the Nice Treaty couldn't address all the challenges to a larger growth. EU: it was meant as a temporary solution. **2001-2004**: Future of Europe debate launched; [European Convention]. **2004**: Treaty establishing a [Constitution for Europe] signed. **2007**: [Lisbon Treaty] signed → Still in use - In 2003, a [Constitutional Treaty] was proposed, designed to replace all existing documents and become the EU's single constitutional document. - Introduced fundamental rights and clauses on a President of the EU and Foreign Minister. - However, the constitutional dimension was controversial. - 2005: France & Netherlands against it in referendums. - Treaty failed and was regarded as evidence of anti-EU sentiment. (Worries about sovereignty and loss of legitimacy of democracy) - Instead: [Lisbon Treaty]: signed 2007, entered into force december 2009 - Altered the Treaty on the European Union. - Altered and renamed the Treaty establishing the European Community into the Treaty on the Functioning of the European Union (TFEU). - Made the EU Charter of the Fundamental Rights a binding legal element and streamlined decision-making. - Included clauses President of the EU but used High Representative instead of Foreign Minister. **Widening of European Integration**\ → Original six: France, Germany, Italy, Belgium, the Netherlands, Luxemburg **1973**: First enlargement: UK, Ireland (neutral), Denmark (Norway) - First group of members to access from the European Free Trade Association. - UK: Commonwealth + permanent chair UN **1981**: Second enlargement: Greece (crisis) **1987**: Third: Mediterranean accession: Spain and Portugal (trade openings to Latin America) **1987**: Turkish application (still pending due to failure to comply with Copenhagen criteria) **1995**: Fourth enlargement: Austria, Finland, and Sweden - Second group of members to access from the European Free Trade Association. - Lichtenstein, Norway, Iceland and Switzerland remain members; EU signed a treaty all except Switzerland to establish to EEA (european economic area) **2004**: Fifth enlargement: Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenian → Central and Eastern European countries (CEECs) **2007**: Bulgaria and Romania **2013**: Croatia (first after crisis 2008) **Widening and deepening: the interaction** - Each accession by a new group of members is followed by a new treaty foreseeing deeper integration. - There are modes of cooperation with outsiders (widening): - Schengen (Iceland, Lichtenstein, Norway, Switzerland) - EEA (Iceland, Lichtenstein, Norway) - Bilateral agreements with Switzerland - Customs Union with Turkey - Potential future enlargement: - Candidate countries: Albania, the Republic of North Macedonia, Montenegro, Serbia and Turkey, Ukraine & Moldova. - Potential candidates: Bosnia and Herzegovina, Kosovo, Georgia **Current Crises** - War back in Europe: Renewed military conflict challenges European stability. - Brexit: The UK's departure removed a nuclear power and a UN Security Council seat from the EU but also resolved a frequently blocking member issue. - Eurozone Crisis 2008: Continued financial instability affecting several member states. - Migration Crisis 2015: Strains on EU cohesion as responses to migration differed among member states. - COVID-19 Pandemic: Severe health and economic challenges for the EU. - Defense Concerns: Calls for a European army and reassessment of NATO's role in regional security. **HC3 Theorising European Integration** **Political Science and EU** The EU is a political system, a [Unidentified Political Object (UPO)], a \'nature of the beast\' discussion. → Sui generis - unique in itself. Key questions: - Which concepts help us categorize our knowledge about the EU? - Is there solidarity among European nation-states? Just study one? - Power sharing among political institutions in a multi-level system? Goal: Make it practically impossible to start a war. → EU one of the centers of global power. **The Relationship Between the EU and Member States** Did the EU already exist in one way or another? It draws from historical forms of governance such as confederations, nation-states, empires, and colonies while remaining unique. - [Statehood] (E. Gellner): Reflects on how modernity shaped nation-states (NS) and how the EU is built upon and diverges from these traditional forms. - [Imagined Community] (B. Anderson): Highlights how EU is a construct, much like nations were, representing collective identity beyond physical borders. - [Symbiosis vs. Rivalry] (P. Taylor): EU exists in cooperation with member states (MS), ensuring mutual benefit, a relationship influenced by historical governance forms like confederations and empires. - [Sovereignty] (A. Milward): While historical governance often centralized power, the EU redefines sovereignty as shared and enhanced by integration, blending historical models with modern realities. 1992: [Maastricht Treaty] marked the formal start of the EU, establishing symbols like the flag and reinforcing the constructivist idea (shared symbols foster identity and unity). European nation-states, whose economies were too small to compete globally, formed a symbiotic relationship within the EU to strengthen global presence. → EU can only exist if the states that formed it want it to exist. **Characteristics that helped shape the EU** **1.Federalism** Advocates for a [supra-state] \"United States of Europe\" to replace national states and overcome nationalism. (To strong) federalist characteristics in treaties (EC/EU) often fail ratification due to national resistance (parliamentary/ referendum). EDC/ Constitution for Europe federalist movement is a driving force of EU integration. **2.Intergovernmentalism** Discusses what kind of integration among European states was desired post-WWII. [Intergovernmentalism]: States power/ core sovereignty should remain intact especially in high political (Stanley Hoffmann) and nationally sensitive areas (army, money/ currency issues). Integration in practice: Member states delegate tasks to Brussels if it serves national interests. Because it\'s better organized in Brussels or to avoid the political cost in national politics, if a painful decision is necessary. → States only cooperate and delegate when it benefits them, especially avoiding sensitive issues like military or money. **3.Liberal Intergovernmentalism** Andrew Moravcsik's theory \'preferences of power\' emphasizes: - Formation of national preferences and intergovernmental bargaining. - What [national interests] to defend and promote intergovernmentally? - Delegation of authority to EU institutions through interstate agreements. - Single Market demonstrates how economic integration was negotiated to balance national and collective interests. - Economic benefits and strategic negotiations lead states to integrate more deeply while still safeguarding their key national interests. **4. Functionalism and Neo-functionalism** Functionalism (David Mitrany - A working peace system): Promotes functional non-political, technocratic integration to make war impossible. - Applied by Jean Monnet: The EC's formation is based on this technocratic logic, thus the blame for technocracy. → By choice. It\'s on purpose. **Premises of Neo-functionalism** Neo-functionalism (Ernst Haas - The Uniting of Europe): Builds on functionalism with these main premises: [1. Gradual Integration (Spillover)]: Integration in one area necessitates cooperation in others. → Ever closer union: ECSC → EEC → Single Market → Euro (Deepening) 2\. [Elite Socialization/ loyalty] transfer trough: - (Euro-)bureaucrats / Technocrats create joined values and loyalties → because of continued socialization (adoption of values/ beliefs) over the years → which stimulates further integration. - Shift of political debate from national capitals to Brussels. → Formation of supranational interest groups. (For instance: Greenpeace & Amnesty) 3.[Permissive Consensus to Constraining Dissensus]: Initially, public support enabled elites to drive integration, believing decisions benefited citizens and the economy (permissive). Today, public skepticism of the elite and Brussel limits further integration (constraining). **Predictions of Neo-functionalism** Economic integration benefits all member states → [Economies of scale]. It leads to political integration via elite socialization & loyalty shifts, emergence of supranational interest groups (pan-European trade unions, NGOs) and step-by-step gradual integration (spillover). **Europeanization** Constructivist view: norms, values & interests evolve under specific conditions. EU policy-making occurs through: - [Bottom-up Uploading] (policy-shaping): Member states shape EU rules based on their preferences (\"goodness of fit\"). (EU adapted Denmark's environmental policies) - [Top-down Downloading] (policy-taking): EU rules reshape domestic politics, empowering specific groups and creating a \"Brusselisation\" effect. [Norm internalization]: E.g. safeguarding the environment in industrial legislation, respecting human rights to become members. ⇒ Brusselisation/ EU-ization. (Adopting standards from the EU to domestic). [De-Europeanisation]: Reversal of EU norms, as seen in [democratic backsliding] (e.g., Hungary or Brexit). → De-coupling from EU or EU norms after having acquired them. **Multi-level Governance** Governance approaches to study the EU in a 'third way' manner separate from international and domestic politics, but as a sui generis entity. It operates as a unique governance system involving actors at multiple levels: - EU/Brussels level - Nation state (member states) level - Sub-national/regional/local level → [Subsidiarity principles]: Decisions should be made at the level closest to citizens. **HC4 Institutions of the European Union** **Main Institutions of the EU** **1. European Commission *(regering met ministeries) (Cooking up the laws)\ ***Functions: - Executive branch of the EU. - Initiator of secondary EU law. - Protector of EU law. Structure and composition: - 5 year mandate (same as EP). Commission formation follows the EP elections. - President (Ursula von der Leyen) chosen by the European Council, reflecting EP election outcomes for a 5 year mandate that is renewable. - 27 Commissioners, one per member state, proposed by national governments but not representing them → No instructions from their domestic country. - Commissioners oversee portfolios (distributed by the commission president) and have their own cabinets. And are head of their own Directorates-General (DG) (*ministerie*) composed of eurocrats. - Commissioner individually approved by the European Parliament. - High Representative/Vice President (HR/VP) leads EU foreign policy, combining roles in the European Commission and Council of EU. Coordinating member states & external representation. **2. Council of the European Union *(1e kamer) (C for country leaders, big round table of ministers from member states collaborating on decisions)***\ Decides on Commission legislative proposals, no legislation passes without its approval. Represents member states' governments. - Configurations: GAC, ECOFIN, JHA agriculture/transport, ministers etc. (Chaired by semi-annual rotating Council presidency) - Daily meetings by Committee of Permanent Representatives (COREPER) Council meeting structure according to Lisbon Treaty: - Foreign Affairs Council meetings are presided by the representative/Vice President. - The rest of the Council configurations as well as COREPER meetings are presided by the relevant minister or the ambassador from the member state that holds the rotating Council presidency for 6 months. Decision-making: Uses Qualified Majority Voting (QMV): 55% of member states (16 of 28) representing 65% of the EU population must agree. → Some issues require unanimity. **3. European Council *(C of Chief leaders as Dick Schoof, the big bosses who make strategies and directions)***\ Provides strategic direction and resolves high-level disputes. Comprised of heads of state/government, President of the European Council, and the High Representative (Foreign Affairs Council). Decisions: Consensus-based (usually unanimous).\ Presidency: Fixed-term President for 2.5 years. This term is renewable once to become 5 years paralleling EP and European Commission terms. → According to the Lisbon treaty. **4. European Parliament (EP) *(2e kamer) (EP, peoples voices, Elected people vote on behalf of EU citizens)***\ Legislative branch with budgetary powers and supervision over other institutions. - Direct elections (not reps of national parliaments) every 5 years since 1979. - Members (705 post-Brexit) sit by political group/ ideology, not nationality. - Committees and plenary sessions (translating to all languages). - Elections according to the national quota of parliamentarians. - Represents the EU's citizens, their power is increasing over time. Political Groups in the European Parliament\ The European Parliament is composed of various political groups that represent a broad spectrum of ideologies. They play a significant role in shaping EU policies, decision-making, and legislation: - [Group of the European People\'s Party (Christian Democrats) → Center-right] - Group of the Progressive Alliance of Socialists and Democrats in the European Parliament → Center-left - European Conservatives and Reformists Group (ECR) → Center-right, Eurosceptic - Group of the Alliance of Liberals and Democrats for Europe (Renew Europe) → Liberal, centrist - Group of the Greens/European Free Alliance (Greens/EFA) → Progressive, green politics - Confederal Group of the European United Left - Nordic Green Left (GUE/NGL) → Left-wing, socialist - Europe of Freedom and Direct Democracy Group (EFDD) → Eurosceptic, populist - Europe of Nations and Freedom Group (ENF) → Far-right, nationalist **5. Court of Justice of the European Union (CJEU) *(Hooggerechtshof)*** - Ensures uniform application of EU law across member states. - Provides preliminary rulings at the request of national courts. - Major cases have advanced integration (Cassis de Dijon, Article 50 rulings/ brexit). Structure: - 27 judges (one per member state), appointed for 6-year terms with partial replacement every 3 years. - Includes: - The Court of Justice: handles high-level legal disputes and interpretations. - General Court (first instance): handels cases brought by individuals & companies like competition law and trade issues. **Subsidiary Institutions** [European Central Bank (ECB)]: Manages the euro and monetary policy. [Court of Auditors]: Oversees EU revenue and expenditure. (Rekenkamer) [EEAS (European External Action Service)]: Conducts foreign affairs and security policy. **HC5 Decision-making in the European Union** **What Does EU Law Consist Of?** - Primary EU Law: Foundational treaties, including the Treaty of Rome, SEA Maastricht, Amsterdam, Nice, Lisbon, and others. These treaties are internationally negotiated and binding on all member states. - Secondary EU Law: Legislation created by EU institutions, such as regulations, directives, decisions, opinions, and recommendations. - All binding and non-binding decisions taken by EU institutions. - Secondary law cannot contradict primary law. Together: Acquis communautaire: New member states have to accept it entirely, no-opt outs. **The Pillar Structure of the EU** Introduced by the Maastricht Treaty and removed by the Lisbon Treaty, though the underlying rationale remains: **First Pillar: European Communities** - Consists of: - European (Economic) Community (EC/EEC) → EMU - European Coal and Steel Community (ECSC) - European Atomic Energy Community (Euratom) - Legislation follows the [Community Method]: the European Commission proposes laws, and the European Parliament and Council of the EU decide together using co-decision, today named as the ordinary legislative procedure (OLP). - Not always so → Treaty of Rome: EP is consulted, and the Council decides by QMV. - Acceptance of International Treaties by EU/EC: EP consents + national procedures for ratification (parliamentary ratification or referendum). CJEU (Hooggerechtshof) has final jurisdiction over all legislation. **Second Pillar: Common Foreign and Security Policy (CFSP).** - Focuses on EU-wide diplomacy, defense, and foreign policy/ relations. - Decisions are made intergovernmental, meaning member states must agree unanimously or by consensus. - The European Parliament has minimal influence here, as legislative power rests primarily with the Council of the EU or European Council. (ex. military missions) **Third Pillar: Justice and Home Affairs (JHA)/ Area freedom, security & justice (AFSJ)** - Deals with cross-border issues like police cooperation, immigration, asylum, and criminal justice. - Similar to the second pillar, it operates intergovernmental, with decisions made by member states. - The European Commission and Parliament have limited roles, while member states retain significant control over policies. **Decision-Making Procedures** 1. [Community Method]: Dominant in the First Pillar (e.g., economic legislation): - Co-decision (Ordinary Legislative Procedure): Commission proposes; Council and EP decide together. - Historical evolution: - *Treaty of Rome*: EP consulted; Council decides by QMV. - *Single European Act*: Introduced cooperation, requiring Council unanimity if EP opposes. - *Maastricht Treaty*: Co-decision introduced, granting EP veto power. - *Treaty of Lisbon*: Co-decision became the Ordinary Legislative Procedure (OLP). 2. CFSP and AFSJ: [Intergovernmental decision-making]: - The member states cannot be taken to the Court for decisions made in these areas. - The European Commission may share the right of initiative, but the member states are the primary initiators of proposals. - The EP\'s involvement is limited; it can only ask questions or be informed but lacks legislative authority. - Key decision-makers include the Foreign Affairs Council (FAC) for CFSP and the Council of Justice and Home Affairs (JHA) for AFSJ, often requiring unanimity or consensus, limited QMV. 3. [Open Method of Cooperation (OMC)]: - Used for flexible, voluntary cooperation (e.g., social policy, education). - Member states agree on desired targets, benchmarks, and report progress without legally binding commitments. = Voluntary. (First created in 2000) **Types of Secondary EU Law** 1. [Regulation]: Directly binding on all member states, no additional national legislation required. 2. [Directive]: Binding goals, but member states decide implementation methods through national law. 3. [Decision]: Binding on specific parties (e.g., court rulings). 4. [Opinion]: Non-binding but carries political weight. 5. [Recommendation]: Non-binding guidance. **Democratic Deficit** - [Permissive consensus]: Historically, EU integration was elite-driven and technocratic. - [Weak EP role]: Though improving, the EP's influence remains weaker than the Commission or Council. - [Comitology]: Council committees (of MS) that oversee Commission activities. **Citizen and National Involvement** 1. [Citizen's Initiative]: Democratic instrument introduced in 2012, allows citizens to propose legislation. - Must fall within EU competencies. - So far, not well used. 2. [National Parliaments]: Under the Treaty of Lisbon, a relationship was formalized between the EP and national parliaments. - National parliaments scrutinize proposed EU legislation, particularly ensuring compliance with the [principle of subsidiarity]. - 8 national parliaments can collectively block a Commission proposal if subsidiarity is violated. - National parliaments also vote on mixed international treaties (excluding trade agreements) signed by the EU. → Criticism: not enough time for checking all the proposed legislation. **Principle of Subsidiarity** → Introduced by the Maastricht Treaty. Decisions and laws should be made at the level closest to citizens unless better addressed at the EU level because of efficiency and appropriate scope of governance. All the rest should be done at the level of the constituting states. **HC6 Economic and Monetary Union (EMU)** **Stages of Economic Integration** Economic integration develops gradually, with countries cooperating more closely over time: [1. Free Trade Area (FTA)]: - Tariffs between members are eliminated, but each country maintains its own tariffs for non-members. [2. Customs Union]: - In addition to eliminating internal tariffs, a common external tariff is established. [3. Single Market]: - Free movement of goods, services, capital, and labor between member states. [4. Economic and Monetary Union (EMU)]: - Member states harmonize their economic and monetary policies (e.g., the introduction of the euro). [5. Political Union]: - Common government, integrating economic and political decision-making. **The Single Market** Began with the [Treaty of Rome] (1957), which aimed for \"ever closer union\" among the peoples of Europe. Sought to establish a customs union first, and a single market in time. The [Single European Act] (1986) set the establishment of the single market by 1992. Four Freedoms: Free movement of goods/ service/ capital/ people. - 1985 Delors Commission → In Delors his term, the internal market came about + Schengen. - 1988 Cecchini: Cost of Non-Europe (Examined costs & benefits EU common market) Integration Measures: - Negative integration: Removing physical, fiscal, technical trade barriers (like tariffs). - Positive integration: Common standards, such as social and environmental norms, creating a level playing field (for the economic factors). → Brussels Effect: EU regulations often set global standards due to its market size. **Key Rulings for EU Law** Van Gend en Loos (1963): Dutch company argued that NL had violated EU law by imposing tariffs on imported goods. This established the principle of [direct effect], making EU law enforceable by individuals in national courts. → Ex. If an EU directive protects workers' rights, an employee can sue their employer in their national court based on that directive. Costa v. ENEL (1964): Mr. Costa challenged Italy by arguing their electricity sector was in conflict with EU law. This established the principle of [supremacy]: EU law takes precedence over national law. → Ex. if a member state\'s environmental law conflicts with EU environmental regulations, the EU regulation must be applied. Cassis de Dijon (1979): A German importer wanted to sell French liquor in Germany, but Germany refused to sell alcohol that did not meet its national criteria. This introduced the principle of [mutual recognition]: A product legally sold in one member state must be accepted in others unless there are overriding reasons (e.g., public health). → Ex. If a drink complies with safety standards in France, it must be accepted in Germany without additional restrictions. **The Eurosystem** The path to the euro began with the fixation of exchange rates: Bretton Woods system: Fixed exchange rate system until 1973 (currencies linked to US) - [Snake in the tunnel]: European currencies were pegged to each other and the dollar. - [Snake outside the tunnel]: Currencies were only pegged to each other with a fluctuation margin of ±2.25%. - The [European Currency Unit (ECU)] was introduced as banking currency. **Three Stages of EMU** 1. 1990-1993: Free movement of capital; closer economic policy coordination; cooperation between central banks. 2. 1994-1998: Convergence with [Maastricht criteria] compliance (inflation, public debt, budget deficit, interest rates, exchange rate stability). 3. Since 1999: Establishment of the [European Central Bank (ECB)]; fixed exchange rates; introduction of the Euro. → The political agenda of the time was to use the Maastricht plan to contain Germany after the end of the Cold War and German reunification. **Maastricht Convergence Criteria** To join the EMU, member states had to meet strict economic criteria:  **Stability and Growth pact 1997\ **Agreed upon in 1997 SGP aims to ensure that member states continue their fiscal discipline post-Euro adoption, through: - A medium-term budgetary objective → keeping a country\'s budget balanced or in surplus over several years to ensure fiscal discipline. The SGP involves multilateral budgetary surveillance and a deficit limit, through the [excessive deficit procedure (EDP)]. - Financial penalties in countries in excessive deficits; - Fear of high public debt; - Especially German fear that the Euro will be a weak currency, otherwise; - Fear of the ECB having to purchase government debt; - [No bailout clause], governments will not take on each other's debts. **Theory: Optimum Currency Area (OCA)**\ An [optimum currency area (OCA)] is an area that is economically closely linked by trade in goods and services and factor mobility (capital/labour) → that also will increase further intra EU trade. - MS should only share a single currency, if they have ways to help each other during tough economic times (ex. helping struggling regions, like greece, without this the struggling region may face severe problems because they can\'t fall back on their own currency). - In a currency union devaluing the currency is not an option, so MS need other ways to handle economic differences, such as better coordination, fiscal transfers or shared policies → like the EU. Thus an OCA requires: - [High factor mobility] - Production factors, such as labor and capital, can easily move between countries or regions. - [Similar economic structure] - OCA works best when countries have cooperation in economic systems. (ex. big differences between northern and southerns EU MS economies is not optimal for the OCA) - [Fiscal federalism] - Is like a safety net within a group of countries using the same currency. Wealthier members help out struggling members (by transferring money) to keep the whole group stable. The euro hoped for closer fiscal cooperation. (ex. Eurozone crisis with Greece) - [Banking union] - Unified banking system. Bank regulation and supervision are centralized at the level of currency union, like the Eurzone, instead of being managed by individual countries. (ex. During eurozone crisis many national banks were exposed to risks, a unified bank would have allowed for a coordinated oversight → thus potentially better outcomes.) **EU's Economic Leverages**\ The EU has three powers when it comes to economic leverage: 1. [Regulatory Powers]: Setting market standards, antitrust regulations, merger controls, etc. (ex. the EU sets rule to ensure fair competition and high standards across all MS, ensuring an even playing field like a dumping ban) 2. [Redistributive Powers]: Cohesion, agricultural, and structural funds. 3. [Expenditure Powers]: EU budget funded by VAT, customs duties, and national contributions. (ex. the usage of taxes and contributions of member states to invest in programs towards the common good) **Eurozone Crisis** The financial crisis began in Greece (2009) and spread to other member states. New Institutions were created: - [European Financial Stability Facility (EFSF)]: Temporary bailout fund. - [European Stability Mechanism (ESM)]: Permanent financial stability fund. Changes to rules of Stability and Growth Pact ([Fiscal Compact] → Rulebook to keep EU countries budgets in check to ensure they; don\'t overspend, reduce debt levels and follow stricter rules to avoid another debt crisis.) - Stricter rules in the SGP: importance of deficit and debt was reinforced. - Enhanced role of the European Commission in monitoring public finances. [The Banking Union]: Strengthened regulation of the banking sector by placing Eurozone banks under the centralized supervision of the European Central Bank (ECB). **Corona Rescue Package (Next Generation EU)** Stimulus package of €750 billion, divided into loans (€386 billion) and grants (€364 billion), to recover the economy post-COVID-19 and become stronger & more innovative. - Solidarity mechanism: - Joint borrowing by the EU via bonds issued by the European Commission, ECB, and EIB. (Shared risk through joint debt issuance) - Spending is controlled by the EU Commission & peer monitoring. (ex. EU MS can review each others spending plans → this process fosters peer pressure to ensure compliance to EU rules) - Money will be used by MS, regions and entrepreneurs to focus on digitalization and green innovations. **The next turn in the Single Market: European Green Deal and the digital single market** - Digitalisation of the single market to retain global competitiveness - COVID impact: #### **The Next Turn in the Single Market** [European Green Deal]**:** - Launched in 2019 to make Europe the first climate-neutral continent by 2050. - Tools: [Regulatory tools] (EU laws) and [financial instruments] (e.g., incentives, taxation). - Updated 2030 target: Reduce greenhouse gas emissions by at least 55% compared to 1990 levels. - Political opposition: This has led to rebranding the effort as a [\"clean, just, and competitive transition\"], emphasizing fairness and economic opportunity alongside environmental goals. [Digital Single Market]**:** - Focus on digitalization to maintain global competitiveness. - Post-COVID rescue fund supports digital, innovative, and green businesses. **HC7 CJHA, AFSJ and the EUs Migration Management Policies** **Historical Background** 1975 [Trevi Group]: Informal cooperation among member states to tackle cross-border terrorism, organized crime, and trafficking. - TREVI: Terrorisme, Radicalism, Extremism, Violence International. - Non-binding consultations outside treaty frameworks. - Laid the groundwork for structures as JHA, Europol, Maastricht Treaty and the Schengen Agreement, these could happen because of the protection Trevi covered → Policing on a supranational level. 1986 [Schengen] Agreement: Removed internal borders within the EU by creating shared external border policies. - Introduced the Schengen Information System (SIS) for data sharing. - Visa policy standardized EU-wide. - Established that asylum applications are handled by the first country of entry. → Works for the entirety of EU MS → Removes workload for MS **Milestones** [Maastricht Treaty] (1992): Created the third pillar (CJHA) for intergovernmental cooperation. - Key issues: asylum, immigration, counter-terrorism, organized crime, asylum and immigration. - Decision-making: JHA Council required unanimity; limited roles for the Commission, EP, and CJEU. - Non-binding policy instruments. [Amsterdam Treaty] (1997): Renamed CJHA (justice and home affairs) to AFSJ (Area of freedom, Security, and Justice) - Transferred aspects like immigration, asylum, and civil judicial cooperation to the first pillar, increasing supranational governance. - Proposals now come from the European commission. - European Parliament gained more involvement → giving citizens more representatives a say in these policies - Schengen incorporated into EU law. - Criminal matters remained intergovernmental (third pillar). [Tampere Summit] (1999): Introduced the Common European Asylum System (CEAS). - Discussed the future direction of CJHA (third pillar), focusing on commitments to freedom of movement, convergence of judicial systems, and better migration management through the [Common European Asylum System (CEAS)]. - It also emphasized tackling racism and xenophobia, deterring human trafficking, and linking CJHA to foreign policy and development aid to address root causes of migration. (ex. helping neighboring countries develop so people wouldn't feel the need to migrate) [European Judicial Area] - Mutual recognition of judicial decisions. (ex. A court ruling in Germany on a business dispute can be enforced in France without reopening the case) - Information exchange for prosecutions (ex. sharing data about a suspect wanted in one country so they can be apprehended in another. - [Eurojust] created (→ Tampere), assisting national investigations of organized crime. - European Police College → Training of supranational police and law enforcement. - European Arrest Warrant (ex. a suspect wanted for fraud in Spain can be arrested from Germany within weeks, rather than months or years) [Hague Programme] (2004): Focused on combating terrorism and securing external borders. - Established [Frontex] securing borders (European Border and Coast Guard Agency). - Promotes intelligence sharing and analysis of terrorist threats through [SitCen]. - Partnership with (non-eu) countries of origin/transit → addressing migration at the root and ensuring migrants could be returned to their home countries efficiently. - Conclusion of further readmission agreements. [Lisbon Treaty] (2009): Abolished the pillar structure. - Expanded CJEU jurisdiction over all areas of AFSJ (pillar III). - Commission right of co-initiative alongside MS. - EP gained co-legislative power under OLP (Ordinary Legislative Procedure). - Strengthened internal security strategy against organized crime and terrorism. - Integrated border management. (Frontex) → Balancing security with free movement. **Challenges to Schengen** - Increased migration pressures: - Western Balkans (economic migration). - Arab Spring (political unrest). - 2015 migration crisis (refugees from Syria, Afghanistan, Africa). - Temporary reinstatement of internal border controls. - Resistance Eastern European countries (Hungary & Poland) to relocation quotas. - Overburdened frontline states (Greece & Italy). - UNHCR (United Nation Commissioner for Refugees) and IOM (International Organisation for Migration) involvement, but inadequate because of limited authority, capacity challenges, lack of integration within EU policies. **External implications of the AFSJ** - Not meant to be an independent external policy - External counter-terrorism cooperation, linked to CFSP (Common foreign and Security Policy) - Conclusion of agreements with third countries, especially re-admission agreements, which is a precondition of visa liberalisation (no visa required) with the EU. - Europol, Eurojust and Frontex sign agreements with third countries. (ex. intelligence sharing, joint operations against crime) - EP consent required in these agreements, EP has a strong role approving agreements with third countries, particularly those related to: re-admission, visa liberalization and security cooperation → this ensures that such agreements respect EU values, such as human rights and democratic accountability) **Migration Crisis (2015)** A large-scale crisis predominantly involving refugees from Syria, Afghanistan, and Africa. National border checks were reinstated, relying heavily on member states\' capacities for asylum processing and control. Despite the Common European Asylum System (CEAS), the Dublin Convention placed primary responsibility on countries of first entry, leading to strain on frontline states like Greece and Italy. Migration policies aimed to balance human rights protection with operational measures, such as saving lives at sea and combating smugglers through NATO maritime operations. - [Dublin Convention]: Determines responsibility for asylum applications, focusing on the first country of entry. → Aims to avoid asylum shopping (multiple applications in different countries), but it doesn't include burden sharing mechanisms between MS - [Common European Asylum System (CEAS)]: Standardizes asylum procedures and quality across the EU. (conditions of procedures of minimum standards) **EU's Agenda on migration (2015)** Combines supranational and intergovernmental approaches: - Strengthened Frontex → Manage and secure external borders during a crisis. - Reform of Dublin Regulation with a fairness mechanism for relocation. → Responsibility for asylum claims to the first country entry → ensure fairness. - Hotspots established in Italy and Greece with an EU presence. → Screening operations for migrants in these countries. - Coordinating return procedures: [Return Directive] for repatriation of migrants. → outline rules for the return of irregular migrants (those not granted asylum) to their countries in a humane and efficient way. - [Asylum Procedures Directive] → common standards for asylum to ensure: fairness, efficiency and protection of asylum seekers. - [Reception Conditions Directive] → the minimum standard for the reception of asylum seekers in EU countries, including healthcare, housing, food, access to education or employment for asylum seekers while their claims are processed. (ex. migrant kids going to school) **Intergovernmental Aspects of EU Agenda on Migration** - [EU-Turkey Deal] (2016): Aimed to reduce irregular migration through resettlement. → Migration flows from the middle east, Turkey agreed to take back migrants in return of aid and acceleration of visa liberalization for Turkish nationals - [Trust Funds]: - Africa Trust Fund → funding to address the root causes of migration - EU Regional Trust Fund for Syrian Crisis. → Humanitarian aid and development assistance. - EU collaboration with North Africa: Built reception centers in exchange for aid and trade benefits. → To manage migration flows before migrants reach Europe in return for financial support. - Clause of readmission into trade agreements with former colonies. → Trade agreements with non EU countries (often former colonies) requiring these countries to accept the return of their nationals who entered the EU irregularly - Addressing the causes of displacement of persons → EU works to address the root causes of migration (ex. poverty, conflict and instability, climate change) → so that people can stay in their home countries **Safe Country Concept** A country is deemed safe if it ensures democracy, human rights, and no persecution, torture, or armed conflict (based on Geneva Convention and EU Asylum Procedures Directive). → kind of like the EU. Potential EU MS have to comply with the Copenhagen criteria to ensure democracy, the rule of law, human rights and respect for protection of minorities. Candidates of EU memberships are thus usually safe. [Safe Country Lists]: - No formal EU-wide list yet → member states rely on national lists. - The EU is working on harmonized lists with the EP and Commission. MS can propose additions, but if a country is removed from the list, they have to accept. List based on reception of applications. **New Pact on Migration (2020)** The New Pact on Migration (2020) balances responsibility and solidarity among member states. Member state solidarity: 50% on population, 50% on GDP (larger and wealthier countries take on more migrants and refugees). Each MS contributes by choosing 1 of 3: 1. Take in relocated refugees. 2. Sponsor measures for integration, such as schooling or healthcare. 3. Sponsor returns: - [Return Mechanisms]: Voluntary Returns, encouraging migrants to return to their home voluntarily, and Readmission Agreements, agreements with third countries to ensure they accept the return of their nationals who entered the EU irregularly. - [Removal operations] coordinated by Frontex: Forced return. **HC8 Common Foreign and Security Policy of the EU** **1970s: European Political Cooperation (EPC)** Initiated during the Cold War\'s [détente period] (→ Relaxation of tensions between US & SU) Willy Brandt's [Ostpolitik]: - German initiative to improve relations with the Soviet Union. → Strategy to normalize relations between west Germany and Eastern bloc countries, including East germany → Part of Detente and aimed to improve communication, trade with the east and promote peace and stability in a divided Europe Membership of the UK: - Joined in 1973, showing the European communities growing appeal and its role in Western europe (both politically and economically) [Lome Agreements] with ACP countries: - Signed in 1975, the agreements established trade and aid partnership between the EC and ACP countries (Africa, Carbibean, Pacific) → Trade preferences for ACP countries to export to the EC without tariffs and development aid for infrastructure and economic projects 1970s [Petrol Crisis] - Revealed Europe's vulnerability to external shocks, highlighting the urgent need for a coordinated foreign policy. This triggered discussions on European Political Cooperation (EPC) to address economic and political crises collectively. → highlighted the European dependence on the Middle east. [European council meetings] initiated: - Refers to the start of regular summits where heads of state or government of EU member states meet to set strategic priorities and address key issues. These meetings marked a step toward greater political coordination and laid the groundwork for unified decision-making in the EU. Foreign ministers speak [foreign policy] + [COREU]: - Foreign ministers from EC MS began coordinating their stances on international issues to present a united front. - COREU: communication network to facilitate quick information exchange between EU foreign ministers → laid foundation [Common Foreign and Security Policy] (CFSP) [Henry Kissinger's] Question: \"*With whom do I speak for Europe?*\" - Emphasized the lack of unity. → there wasn\'t really a vocal point in the EU, too much fragmentation in European diplomacy. [François Duchêne's] [Civilian Power Europe]: - Promoted Europe's role as a global civilian power: emphasizing its reliance on economic influence, diplomacy and development aid rather than military might. **Single European Act (1987)** Formalized [European Political Cooperation] (EPC). → Structured framework for MS to coordinate foreign policy. - Decision-making remained intergovernmental (unanimity/ consensus). - No role for the Commission, EP, or ECJ. → To ensure they stayed intergovernmental rather than supranational. **Maastricht Treaty (1992)** - Established CFSP as the EU's second pillar. → Formalizing and expanding European on foreign and security issues. - Introduced: common positions, joint actions, and common strategies. - Military dimension supported by the WEU (inner six), providing military capability for crisis management and peacekeeping - [Petersberg Tasks]: Focused on humanitarian rescue, peacekeeping, and crisis management as priorities for EU military operations. - Raised questions about NATO's role and potential overlap (WEU/NATO/CFSP triangle). → Would they duplicate effort and divide responsibilities? Would that work? - ​​1996 Berlin + [European Security and Defence Identity] (ESDI) - ESDI allowed the EU to access NATO resources for its own military operations, ensuring cooperation while avoiding duplication. This framework strengthened EU-NATO collaboration in defense. **Amsterdam Treaty (1997)** Created the [High Representative] for CFSP (first: Javier Solana, 1999). → to strengthen the visibility and coherence of EU foreign policy (with whom do I speak with?) - Institutionalized warning and policy planning mechanisms → react faster to crises. - Introduced [QMV] (Qualified Majority Voting) for some foreign policy decisions → to make decision making faster. (not military policies!) **1990s moving unto early 2000s** [Bosnian war] (1992 - 1995) - Bill Clinton emphasized that the conflict was a European issue, pushing EU countries to take responsibility for peacekeeping and reconstruction efforts. This highlighted Europe's need for stronger defense coordination. [Franco-British St. Malo Summit] (1998) - France and the UK agreed on the need for EU autonomous military capabilities, independent of NATO, while still complimenting it. This marked a significant step toward a common European defense policy. [NATO's Kosovo intervention] (1999) - NATO launched a military intervention to stop ethnic cleansing in Kosovo, exposing Europe's reliance on NATO for security operations and underscoring the EU's limited military capabilities at the time. [Helsinki Headline Goal] (1999) - Goal: up to 60.000 forces by 2003, to be deployed within a month, to serve for a year [Civilian Goal] (2000) - To support post-conflict stabilization, the EU aimed to deploy 5,000 civilian experts, including judges and public prosecutors, to help restore governance and the rule of law in crisis regions. [Nice European Council] (2000) - Introduced key defense structures, including the Political and Security Committee (PSC), EU Military Committee, and EU Military Staff, to facilitate decision-making and planning for EU-led operations. It also allowed for operations independent of NATO resources. [EU-NATO Declaration] (2002) - Formalized cooperation between the EU and NATO, defining how the two organizations would share resources and coordinate on military operations to avoid duplication of efforts. **European Security Strategy (2003)** Developed in response to US "Bush Doctrine" (2002) emphasizing unilateral action: - Pre-emptive strikes → the right to strike first against threats. - Focus on WMD → Combating materials increasing was central to U.S. policy. - War on Terror → Global military action against terrorism, including the invasion of Iraq in 2003. Identified 5 security challenges: 1. Terrorism → growing concern post 9/11. 2. Weapons of Mass Destruction (WMD) → nuclear weapons posed a big threat. 3. Regional conflicts → Like the Balkans, Middle East and Africa created instability that could spill into Europe. 4. Organized crime → Cross border crime, drug smuggling etc. was getting more sophisticated and globalized. 5. State failure → weaker states would become havens for terrorism, crime → and so threatening European interests. → Advocated for multilateralism and international law as EU's guiding principles. → [Normative Power Europe] (Ian Manners, 2002): EU promotes norms like human rights and abolishing the death penalty globally. **Before and after Lisbon Treaty** 2003: First EU military missions with NATO resources W. Balkans 2004: First EU military mission without NATO resources in Congo 2004: [European Defence Agency] (EDA) - Denmark (and UK) not participating. 26 countries - Aim to facilitate and support Defence Cooperation and capabilities (control, command, communication, logistical capabilities). - European Defence Fund (co-finance defence industry and research projects) 2009: Lisbon Treaty HR/VP - Established the role of HR/VP (High Representative/Vice President) to strengthen foreign policy coordination. - [European External Action Service] (EEAS) created from staff from: Commission, Council Secretariat, and National Foreign Ministries. EU Global Strategy: [Principled Pragmatism], balancing its core values (like human rights) with realistic and effective foreign policy actions. **Permanent Structured Cooperation (PeSCO)** [PeSCO], a legally binding framework for enhancing coordination, increasing investments and more defence cooperation under the Lisbon Treaty and [Common Security and Defence Policy] (CSDP). - Participating is voluntary for MS. → UK, Denmark and Malta do not participate. - Decision-making will remain in the hands of the participating Member - States in the Council. → This is without prejudice to the specific character of the security and defence policy of certain EU Member States (neutrality). - Examples of PeSCo projects: Network of Logistic Hubs, Cyber Rapid Response Teams and Joint EU Intelligence School. PeSCo and [Third States] (UK and /or Turkey) - Third states can participate in PeSCo projects under certain conditions, full membership is limited to EU MS that commit to binding defense obligations (ex. MS that invest in improving military capabilities and contributing to EU security). - So third states can't join, but can participate if they meet the general conditions set by the council - MS that are involved with a certain project decide whether to invite a third state and the council needs to approve. - Third states must respect decision making autonomy of the EU and not undermine PeSCo's goals. (ex. Turkey helps with migration & UK helps with military operations). **Impact of the War in Ukraine** - Raised questions about the protection of neutral EU member states (e.g., Austria, Ireland, Cyprus, Malta). → neutral EU members are not covered by NATO's article 5 - Germany and other EU states stepped up military investments, similar to the COVID-19 rescue package. - European Peace Facility: €5 billion fund for rapid crisis response and urgent military assistance. **HC9 EU Enlargement** **EU\'s Enlargement Policy** Sui generis (unique) policy area for the EU. → Also used as foreign policy tool. - The policy making in the EU is distinct from others (like the USA) due to its transformative nature for both the EU and the MS. - Each round of new accessions transform the EU: - New priority policy areas - New geographies of interest. - Acceding states are themselves also transformed. - Especially important after the Cold War with the accession of the neutrals. - Accession of Central and Eastern European countries (CEECs) - There's an ongoing accession process of the Western Balkans. **Historical Background** [Northern Enlargement] (1973): UK, Ireland, and Denmark. - Brought a nuclear power (UK) and UNSC membership. - Expanded EU trade relations via Commonwealth ties. - Having new trade relationships with former colonies. - Ireland was the first neutral country to join. → Norway opted out following a referendum. [Mediterranean Enlargement] (1980s): Greece (1981), Spain and Portugal (1986). - Supported transitions from dictatorial regimes to democracy. - Strengthened the EU's Mediterranean focus. - Latin American ties brought in perspective (due to Spain\'s connection the South America) - Introduced economic disparities, requiring financial support. (Weaker southern MS vs richer Northern states) - Spain's recognition of Israel and proving importance of Spain in brokering peace in the Middle East [EFTA Enlargement] (1995): Sweden, Finland, and Austria joined. - - - - **Accession of Central and Eastern European Countries (CEECs)** Post-Cold War [re-definition of Europe]: - Post-communist countries. Governments and economies crumble. - Reconciliation of Germany with Eastern Europe after WWII. - Return of ['Mitteleuropa'], Haclav Havel → Central Europe\'s shared culture and history. Range of EU policies to stabilise Eastern Europe - [Stability Pact for South-Eastern Europe]: French EU initiative. Good neighbourly relations to avoid border and minorities issues based conflicts - [PHARE program]: Financial aid for transforming communist economies. - **Copenhagen Criteria (1993)** Criteria that applicant states have to meet in order to join the EU. These were agreed upon at the Copenhagen European Council meeting in 1993. - [Political]: Democracy, rule of law, human rights, and minority rights. - [Economic]: Functioning market economy capable of handling competition. - [Legal and administrative]: Adoption of the EU acquis. - [Fourth criterion]: EU's capacity to integrate new members. **The Accession Process** 1. Application and Candidacy: - Application submitted to the Council. - Council decides on [eligibility]; Commission gives an opinion (*avis*). - The European Council decides to announce the country as a candidate country. 2. Structured Pre-Accession Process: - Association agreements establish cooperation frameworks. - Screening of candidate countries' laws by the Commission - An accession partnership document → Political aspect & legal approximation. - National Programme (and calendar) for the Adoption of the Acquis - Pre-accession financial aid supports necessary reforms. - Regular progress reports from the Commission. 3. Negotiations: - Acquis divided into 35 chapters, each provisionally closed upon agreement. - Intergovernmental conference about time and money. - MS negotiations about negotiating framework. → Bargaining aspect of joining. - All Copenhagen criteria should be fulfilled. → Accession treaty signed & ratified by all member states and the candidate country. **Transformative power of the EU** - [Conditionality]: countries must meet specific conditions to benefit from EU membership. - [Incentives for compliance]: the EU provides benefits for countries that comply with its standards, creating a strong motivation for reform - [Cost of non-compliance]: Non compliance can result in costs, creating pressure - [Credibility of the accession process]: transformative powers of the EU relies on the credibility and the idea that compliance will be rewarded with real benefits **Main problems during accession CEEC** Reconciliation after the Second World War - Benes decrees: Czechoslovak government laws to punish Nazi's, expel ethnic Germans and Hungarians who were seen as complicit in the occupation and confiscate their properties. - Closure of Soviet style nuclear plants - Status of Russians → Access to Kaliningrad from Russia **Regatta or Big Bang enlargement** - [Big Ban principle]: states join in big groups: - 2004: Czech Rep, Poland, Hungary, Slovakia, Estonia, Lithuania, Latvia (three Baltic and former Soviet states), Slovenia (former Yugoslav Republic), Cyprus, Malta - [Regatta principle]: states join when they are qualified, rather than in groups: - 2007: Bulgaria, Romania - 2013: Croatia **Result of the CEECs accession** - Growing importance of security against Russia - Growing interest in Ukraine and an Eastern Partnership - European Neighbourhood Policy - Greater reliance on NATO for protection of the CEECs Is the EU too big to function effectively? → Decision making more complex with 27 member states (consensus) → different MS have different priorities (ex. eastern Europe's focus on Russia and Southern Europe's focus on migration) - Does the EU then need reform? → the proposed European constitution (rejected by France/Netherlands) → then resulting in the Lisbon treaty to simplify desicion making - [White paper on the future of Europe] 2016: outlined five scenarios for the EU\'s evolution by 2025, focusing on challenges like globalization, migration, and technological change to stimulate debate on its strategic direction. - [Conference on the Future of Europe] 2020: was a participatory initiative inviting citizens, civil society, and institutions to discuss EU reforms, democracy, and policy priorities to shape its future trajectory. **Current Enlargement Process** Candidates: - Western Balkan countries (e.g., Serbia, Montenegro, Albania). → In negotiations. - Turkey → Negotiations actively frozen → not legally - Ukraine and Moldova → Candidates post-2022. - Kosovo → Potential candidate with statehood challenges. - Iceland → Declared candidate after application (after financial crisis), but withdrew. **HC10 Withdrawal from the EU: Brexit** **Historical Background for an EU Exit** No provision for exiting EU before Lisbon Treaty → not foreseen, only thought of getting closer. - Former exit - Greenland, part of Denmark, withdrew from the EU in 1985 by signing a 'special case' withdrawal treaty regulating fisheries and market access rights for fisheries. - After a referendum in 1982 in which 52% voted leave, after Home Rule gained from Denmark. Now an overseas territory association relationship. - First time in Lisbon Treaty - Article 50, about procedures - Withdrawal agreement - Agreement on Future relationship → Ex. Regulations about border controls → Issues in the negotiations **Historical Background for the Brexit** UK held a referendum in 1975 on EU membership - After government change that followed accession. - 67% in favour of staying in the Common Market, 33% against. British opt-outs and rebate since 1980s - The UK has never been a Member State comfortable inside the EU [Euroscepticism] among politicians and media - Public discourse about Britain's place in the world - Rise of UKIP and conservative party rivalry, the switch from the Tories away\ from the EPP to the Eurosceptic EU reform group (ECR) 2015 general elections: PM Cameron promise to renegotiate - After he won the elections: referendum - Result leave 51.9% UK Opt-outs: The UK had multiple opt-outs since becoming a EU member or member of the the predecessor from the EU community - [Euro]: The UK was not required to adopt the euro as its currency. - [Schengen Agreement]: The UK was not part of the free border movement. - [Social and judicial cooperation]: The UK did not implement all the rules. These opt-outs demonstrate the UK\'s ambivalent attitude towards further integration within the EU. The UK wanted to prevent certain rules from being implemented across the entire EU, hence the veto. As a result, an agreement was made allowing the UK to secure specific opt-outs. This allowed the rest of the EU to vote on matters again. Why opt-outs? - The UK had significant political and economic influence and was an important member state for the EU. - The EU was willing to make compromises to keep the UK within the Union, as the benefits of its membership (economic, strategic, diplomatic) were substantial. → Ex.: If I move from the Netherlands to Germany, I immediately have the same rights. If I move to England, I only get those rights after five years. **Article 50 - Withdrawal from EU** 1. Right to Withdraw: Any EU Member State can decide to withdraw from the Union, following its own constitutional processes. 2. Notification and Negotiation: - The withdrawing state must notify the European Council of its intent. - The EU will negotiate a withdrawal agreement outlining the terms, including the future relationship with the Union. - The agreement requires approval by a qualified majority in the Council and consent from the European Parliament. 3. Two-Year Deadline: EU treaties will stop applying to the withdrawing state two years after the notification unless: - A withdrawal agreement enters into force earlier. - The period is extended by unanimous agreement between the European Council and the withdrawing state. 4. Exclusion from Decision-Making: During withdrawal negotiations, the withdrawing state cannot participate in EU Council discussions or decisions concerning its withdrawal. 5. Rejoining the EU: If a state that has withdrawn wishes to rejoin the EU, it must follow the same procedures as any new applicant, as outlined in Article 49. → Article 49 = joining the EU / Copenhagen criteria → If the UK wants to rejoin they won't have any opt-outs. They will have to adapt to EU law. → Once there is an agreement it also extends to the non-member states who are affiliated with the EU. (EEA: Norway, Iceland, and Liechtenstein) **Negotiating Withdrawal** In the form of an intergovernmental conference again, so: 27 MS meet to form their negotiation guideline. - One negotiator on behalf of all remaining Member States. - Michel Barnier (\"My Secret Brexit Diary\") → book about the withdrawal of the UK → shows how complex it is and how much of EU is integrated Negotiations between Barnier and UK Minister for exiting the EU. - The UK minister changed three times. (Ending with Therasa May) The Withdrawal Agreement (WA) needs to be adopted by Qualified Majority Voting in the Council and EP to consent. - QMV is the reason why the British attempted to override Ireland by approaching individual Member States, which they declined. This is a vital national issue for the Republic of Ireland-Luxembourg Compromise. - The EP mentioned they would not consent if rights of EU nationals living in the UK are not guaranteed. - **Negotiating Future Relationship**\ Future relationships can only be negotiated & concluded after Britain becomes a third country. - This is against the rationale of negotiation theory. (Nothing is agreed until everything is agreed.) - Conditions of withdrawal are linked to the context of future relationships. - Ex: if the future relationship is customs union or single market, then there is no need for a Northern Ireland backstop clause. This explains different standing points of parties in the British parliament. Therefore, the negotiations were about both the Withdrawal Agreement (first agreement) and the Trade and Cooperation agreement (second agreement). [No Deal Brexit] would be: - Two years after withdrawal negotiations began, the exit entered into force. This makes sure that the EU institutions cannot forcefully keep a MS in, by not agreeing to a withdrawal agreement. **Problem Issues** - UK desire to conclude its own trade agreements → i.e., no customs union - UK desire to exit Court of Justice of the EU jurisdiction → no single market, no CU - UK desire to make its own laws - UK desire to limit intra-EU migration - No free circulation of workers --- but what about rights of current residents? - Principle of reciprocity. - No short-term visa requirements as long as UK grants this to all EU member\ states. - [Divorce bill]: There is about €40 billion that the UK should still pay into the EU budget for commitments made earlier. Ex.: pension payments to retired British personnel. → No future agreement if you don't pay. **Peace in Northern Ireland / GFA** Peace in Northern Ireland depends on EU membership. - Namely: no hard border/no border checks on the island of Ireland. - Good Friday Agreement → also Belfast agreement, aimed at ending decades of conflict in Northern Island → after intense negotiations between British and Irish governments. Is this impossible without the Single Market or Customs Union? - If there will be different standards and different laws, then checks are necessary. But if the UK stays aligned to EU regulations all the time and does not make its own standards, then not. DUP (part of the government in Northern Ireland, also backing Conservative government in Westminster) does not want Northern Ireland to have a different status than the rest of the UK, nor a border along the Irish sea. → Issue of vital national interest to Ireland.\ → Borders will go against the Good Friday Agreement. Extra: Mnemonic to re remember the EU **1. European Commission (Executive Power)** Function: Proposes laws, implements policies, and manages the budget.\ Mnemonic: - C for "Chef": The Commission is the \"chef\" that cooks up the laws. - Think of it as the \"Commission = Creator of policies\". **2. Council of the European Union (Council of Ministers)** Function: Approves laws together with the European Parliament. Represents national governments.\ Mnemonic: - Council → C for "Country leaders". - Imagine a roundtable of ministers from member states collaborating on decisions. **3. European Parliament (EP)** Function: Represents citizens, approves laws, and controls the budget.\ Mnemonic: - P for "People\'s voice": The Parliament speaks for the people. - \"EP = Elected People\" → They vote and debate on behalf of EU citizens. **4. European Council** Function: Defines the EU\'s overall political direction and priorities. Composed of heads of state/government.\ Mnemonic: - Council → C for \"Chief Leaders\". - Think of the \"Big Bosses\" who set the broad strategies and directions.