EU Campaign Points & European Commission (PDF)

EU campaign points of leading parties: -​ PVV wants a binding referendum over Nexit, and “0 Dutch Euros to Europe” -​ VVD wants less veto powers, strict rules for budget and enlargement, and more geopolitical power to EU -​ GL/PvdA wants a more social Europe and implement the Green de...

EU campaign points of leading parties: -​ PVV wants a binding referendum over Nexit, and “0 Dutch Euros to Europe” -​ VVD wants less veto powers, strict rules for budget and enlargement, and more geopolitical power to EU -​ GL/PvdA wants a more social Europe and implement the Green deal -​ NSC wants more veto power, against “transfer union” Supranationalism vs Intergovernmentalism Question: supranational vs intergovernmental differences? European Commission: Promoting the common interest -​ Overview: -​ Guardian of the treaties -​ Executive of the EU -​ Distinct from Council-innovative -​ Ex-High Authority of ECSC -​ Embodies Jean Monnet’s vision of a “functionalist bureaucracy” -​ Role of the Commission: -​ Agenda setting and proposing legislation to Parliament and the Council -​ Manage and implements EU policies and budget -​ Enforce European law (with the COurt of Justice) -​ Represent the EU on the international stage -​ Functions of the Commission -​ Two functions: 1.​ Political executive wing: commissioners and staff 2.​ Administrative wing: Commission directorate generals and services Question: what is the European commission? -​ Commission president: political leader of the commission: -​ Has permanent secretariat: Secretariat- General -​ Power to reject: Commissioner nominees  -​ Power to re-allocate portfolios & reshuffle -​ Primus supra pares Question: what is the role of the commission president? -​ The college of commissioners: -​ 1 commissioner per member states -​ Each with portfolio -​ Sectrol: Trade, Energy, Home Affairs etc -​ Functional: budget -​ Plans to reduce to ⅔ by 2014 but not implemented -​ Consensus reached through debate and bargaining -​ Principle of collegiality- voting rare European Commission: structure Question: what is the structure of european commission? -​ Appointment of the Commission: -​ 2 step process 1.​ Appointment of the Commission’s President 2.​ Appointment of the Commissioners 2a. Proposition of the High Representative of the Union for Foreign Affairs and Security Policy 2b. Proposition Of the other Commissioners 2c. Appointment of the Commission Question: how is the commission appointed? ‘Splizenkandidater’: to be discussed in class on EP= European Parliament The Cabinet: Commissioner’s private office -​ Key role in forwarding Commissioner’s ideas -​ Monitors work in other Commissioner’s departments -​ Staff interact vertically and horizontally -​ Regular Chefs de Cabinet meetings chaired by SG -​ Interface with outside world -​ Traditionally national clusters but increasingly supranational composition and culture -​ Redefinition of relationship between national governments and commission -​ Functions of the Commission: -​ Two functions: -​ Political executive wing -​ Commissioners and staff -​ Administrative Wing -​ Commission directorates generals and services Question: what is the function of the commission? -​ DGs and Services: -​ Part of the admin/ bureaucratic level -​ Divided among departments called “directorate-generals” or services -​ Each DG is in charge of a particular area. -​ DGs prepare legislative documents, these documents only become official after being “adopted” by the College -​ DGs manage the adopted programs and policies -​ Organisation of the commission -​ Commissions administration -​ In total, c. 30,000 commission officials -​ C.12,500 AD officials -​ Most prestigious -​ Involved in policy-making and policy management -​ Competitive recruitment process based on merit “Concours” -​ National quotas -​ Geographical balance -​ Multinational chains of command -​ Nationality historically an issue for appointment to higher levels, now much less ​ -​ How “supranational” are commissioners really? -​ Q commissioner/member state; battle over portfolios -​ “Reliable” national politicians with national careers -​ Gehring and Schneider: providing the commissioner increases national budget allocation -​ External Relations  -​ Special case: foreign affairs and security policy represented by the high representative -​ Until Lisbon, High Representative was part of Council -​ In CFSP still under mandate of council Intergovernmental or supranational? Intergovernmental ​ ​ ​ -​ National government are motors of integration -​ Commission’s authority is delegated -​ Commission facilitates IG cooperation -​ Power decided by treaty negotiations -​ Commission actors pursue national interests Supranational: -​ Commission influences European Council and IGC outcomes -​ Day-to-day. Commission interprets vague treaty-based framework -​ Commission actors tend to have a supranational identity European Council: -​ Founded in 1974, 1987 first mentioned in the treaties -​ Since 2009 official institution of the EU -​ Heads of state and government -​ Founding idea: no civil servants! -​ Meet four times a year -​ General political directions and priorities -​ Agenda setter, no legislative function Question: what is the European council? European Council Meeting -​ High profiles summits of political leaders -​ Attended by European Commission Pres and High Representative -​ Breaks deadlock over politically charged issues -​ Key role during 2 decades of eurosclerosis ‘ President of the European Council -​ role exists since 2009 -​ Elected by the European Council with qualified majority -​ For 2.5 years -​ Renewable once Charles Michel: -​ President of the European Council -​ Former prime minister of Belgium -​ Member of Renew Europe -​ Predecessors: -​ Donald Tusk -​ Herman van Rompuy High representative: -​ High representative of the union for foreign affairs and security policy -​ Visible International legal personality -​ Blurs boundaries between council + commission -​ Posts EU as credible global actor -​ High- level diplomacy through European External Action service -​ European Council appoints HR for 5-year term Rotating presidency: -​ Every 6 years, other member states has presidency -​ Plans, schedules & chairs Coreper and working groups -​ Highly coveted -​ Balances power between big and small countries -​ Great agenda setting possibility -​ However, Huge workload -​ Enigmatic Identity -​ Collective european solutions vs national interests -​ Permanent president of European Council -​ Loss of power Council of EU -​ Legislative body -​ Formerly “council of ministers” -​ Meetings of national ministers -​ Eg. ECOFIN council Foreign affairs council -​ Frequency varies -​ Importance of portfolio -​ EU competencies -​ Meetings of over 100 people Question: what is the council of EU COREPER: -​ Committee of permanent representatives -​ Two permanent representatives per member state -​ Preparatory body of the council -​ Intense negotiations: de-facto decision. Makers -​ Weekly meetings to prepare work of the council -​ Unique vantage point -​ Horizontally; work across all EU affairs -​ Vertically: work between ministers and experts -​ Permanent representatives -​ Criticized for lack of transparency Question: what is COREPER? Inter-institutional relations: -​ Interactions with commission -​ Main pulse and dynamic of European integration -​ Both strained and smooth -​ Empty chair crisis of 1965 -​ Interactions with European parliament -​ Originally one sided -​ Towards a bicameral federal political system Question: what are inter-institutional relations? EP in EU: where is it? -​ France wanted to have some piece of the European cake hence the Strasbourg Evolving EP: -​ 1951: common assembly of ECSC -​ Added democratic legitimacy -​ 78 members appointed from national legislature -​ 1979: first direct elections to EP -​ EP used direct elections to ask for more power -​ Today: equal legislative and budgetary partner to the Council -​ Scrutinize and hold the Commission to account Question: how has the EP evolved? -​ Treaty of rome: 1957 -​ Coverage extended to three communities -​ Increased right of consultation but council not be obliged to take account of Assembly’s position -​ Right to propose elections by direct suffrage Power and influence in 3 key areas 1.​ EU Budget: -​ Budget treaties of 1970 & 1975 -​ Right to amend/ reject and sign off books -​ Consulted re. Appointments in Courts of Auditors -​ Rower re. non -compulsory spend only (20%) -​ Persistent conflict between Council and EP -​ Resolution via multiannual financial perspective -​ Lisbon removes non compulsory distinction -​ EP and Council as bicameral budgetary authority -​ Central tool: priorities, direction and how money is spent -​ Multiannual Framework (MMF) result of long political process -​ 2021-2027 MFF and NextGenerationEU (total 1.8 trillion euros) -​ First proposal by commission in May 2018  -​ Revised 2020 due to Corona -​ July 2020 agreed by member states -​ December 2020 agreed by EP 2.​ EP and the Commission -​ Dismissal -​ EP enjoys right to dismiss whole commission -​ Never happened, but Santer commission resigned (1999) -​ Appointment -​ 1992 Maastricht & 1997 Amsterdam: formal right to veto President-designate & whole COmmission -​ 2007 Lisbon: direct role in appointing President -​ EP interview and proves individual COM candidates -​ Scrutiny -​ Limited to invitation to explain & justify decisions -​ Commission submits annual work programme to EP -​ Ex. 2004 Rocco Buttiglione e 2019. EP rejects French, Hungarian and Polish candidate 3.​ EP’s increasing legislative powers: -​ Consultation procedure (1979) -​ Cooperation procedure -​ Introduced by 1986 SEA -​ Second reading and conditional veto -​ Closer collaboration with commission -​ Co-decision (renamed Ordinary Legislative Procedure by Lisbon Treaty) -​ Introduced by 1992 Maastricht Treaty -​ Third reading; unconditional veto; conciliation process -​ From Article 15, today it covers 85 policy areas -​ EP and council as co-legislators -​ EP has shaped legislation va the OPL -​ Eg. increasing environmental standards, promoting civil liberties, improving consumer rights -​ Changing inter-institutional relations -​ Small negotiating teams from EP and council -​ Trilogues (EP, Council, COM) -​ Legislation concluded on first reading -​ However, implications for transparency -​ Efficiency vs Legitimacy 4.​ Internal politics of the EP -​ Strong committees and weak parties -​ Political groups -​ Link between Brussels and national level parties -​ need 23 MEPs to create a group -​ Seven cross-national groups -​ Largest groups -​ European People’s Part (EEP): centre-right -​ Social & Democratic Alliance (S&D): centre- left Question: what power does the EP have? Key positions: -​ President -​ Chairs Plenary and represents the EP -​ Allocation decided by party elites -​ Vice President -​ Support the President and help run the parliament -​ Committee chairs -​ Set calendar and agenda of meetings -​ Participate in OLP inter-institutional negotiations EP president Robert Metsola -​ In office since 2022 -​ After death of Daide Sassoli -​ Youngest president, third woman, first Maltese -​ Member of EPP Committees -​ Over 20 standing committees -​ Divided functionally into policy areas -​ Repository for policy expertise -​ Legislation mainly discussed in committees -​ Appoint teams for intra/inter-institutional negotiations Rapporteurs and shadow rapporteurs -​ Draft committee reports -​ Shape positions adopted by their political groups -​ Central to negotiation team for talks under OLP Legislative process: trilogues -​ Commission + EP + Council together -​ Lack of transparency, but much faster Parliament at Work: PLenary -​ Multilingualism: 24 Languages = 552 combinations -​ Effects on debted & the public -​ Plenary for public position taking; specifics aöready discussed within committees -​ Keeping check on committees -​ Final say about reports Question: what legislation and parliamentary work does EP do? EU Policy Making Processes: -​ Understanding EU policy making processes: -​ Always moving between intergovernmental and supranational modes of decision making- translated into institutions  -​ Member states are okay with giving up some of their sovereignty as EU helps them move forward -​ Member states autonomy in question -​ Helen Wallace describes this as The Policy Pendulum: -​ In some cases, transnational solutions are good but in some national are preferred -​ Based on subsidiarity, proportionality and the notion of competence- the pendulum shows this as it brings into question should the EU be doing more or can this be handled by the individual member states -​ Always is a consideration- before launching an initiative there is a check system which asks questions about the proportionality -​ This is related to the notion of subsidiarity- outcome of thinking about the proportionality; if the member state can solve the issue well then EU would not intervene. Member states have a lot of autonomy -​ Competences: Treaty of Lisbon divides competences: -​ Exclusive competence: -​ EU is free to interfere and come up regulations -​ EU may legislate and adopt new laws -​ Ex: customs union monetary policy for the Member states -​ Shared competence -​ Member states exercise their competence to the extent that EU is not exercising their competence -​ This must be justified in relation to subsidiarity -​ They must be negotiated -​ Both are present -​ Ex: internal market, agricultural -​ Coordinated competence -​ Arrangement of member states coordinate in terms of economics and labour forces -​ Ex: industry, culture, tourism -​ Exceptions competence How do these instruments come into being? -​ Ordinary Legislative Procedure: -​ Procedure that EU strives for as it is the most transparent -​ Most of the laws go through this procedure -​ In relation to secondary legislation -​ One step of bigger procedure -​ Step 1: agenda setting: what we want to do -​ Also called forward planning -​ All institutions are involved -​ Legislation round: 5 years -​ Step 2: legislative proposal: what are we gonna do  -​ European commission is the only one that can initiate this and propose legislation -​ They discuss the proportionality and they do impact assessment -​ External: consulting all stakeholders -​ Step 3: Adoption of legislation -​ Council of EU/ Ministers European parliament -​ Ordinary legislative procedure is used here -​ Approval of these institution are needed -​ EU Parliament usually adds amendments -​ Voting procedures: QMV -​ Majority voting (50%) -​ Trilogues: -​ Interinstitutional negotiations for the adoption of EU legislation -​ COEREPER becomes more important -​ Permanent representations become more important -​ Step 4: implementation of legislation -​ Monitored by European commission and European Court of Justice -​ Depending on the kind of initiative, controls are firmer or looser -​ Member states are responsible -​ EU parliament controls as well- signals if a state is not following the legislation- calls the commission -​ Step 5: evaluation of legislation -​ Several reviews take place -​ Handled by the European Commission Question: what is the OLP and how are decisions in the EU made? Decision making procedures: -​ Related to policy making instruments: -​ Co-decision: community method -​ Consultation: -​ Commission and the council are to consult the European parliament -​ Council is not bound by the Parliament's position but only by the obligation to consult it -​ Extensively seen in EU foreign policy -​ Consent -​ Commission makes a proposal which must be either rejected or accepted by the European Parliament -​ Cannot make any amendments- reject or accept the proposal as it is -​ Rejection of a proposal constitutes a veto for the Parliament -​ Coordination: soft law -​ Recommendations and opinions -​ Expanded after the Lisbon Treaty Question: what are the three different decision making procedures? Alternative modes of Governance: -​ Transformation of ‘old’ institutional and procedural provision for decision-making, introducing softer and less- demanding coordination processes -​ Nature of policy instruments being categorized as binding or non-binding has been modified by using soft law in particular. More steering without coercion -​ Involvement of private actors and autonomous institutions on EU decision Open Method of Coordination: -​ EU ministers agree on policy goals in the area concerned -​ Member states translate these guidelines into national and regional policies with specific targets -​ Ministers agree on benchmarks and indicators to measure and compare best practices within the EU and worldwide -​ Through evaluation, Member states performances are assessed relative to each other and their final goal Question: what is the open method of coordination? Responses to Crises Politicization and Euroscepticism -​ Slow decision align, discord among member states -​ Politics of last resort -​ Breaking of EU law -​ Circumbentong EU öaw -​ Informal arrangements -​ Nw ways forward- recovery fund, Eurobonds Question: what are the responses to crises politicization? Policy Coordination -​ Primarily applied in the field of European Economic Policy -​ Policy Coordination: Set of EU frameworks for shaping national policies- common goals and guidelines which are reviewed at the EU level ‘ CFSP: Main differences other policy fields: -​ Right of initiative- normally it is the European Commission that has this but in foreign policy it’s the heads of states aka High representative and EU Council -​ Decision making by unanimity vote of EU Council and Council of EU -​ Role of the Parliament and Commission is much weaker Question: what is the CFSP? Court of Justice of the EU EU Central Bank and EMU European Court (EU Courts): -​ European Court of Justice, Luxembourg -​ European General Court, Luxembourg -​ European Civil Service Tribunal -​ European Court of Auditors Question: what are the different courts? Council of Europe: -​ European Court of Human Rights, Strasbourg -​ European but not part of the EU UN: -​ International Court of Justice, The Hague -​ Settles legal disputes by states International Courts: -​ International Criminal Court, the Hague -​ Independent I.O., 120 MS -​ War crimes Composition of European Court of Justice: -​ 1 Judge per member state -​ 8 doctor general -​ Judges hear cases and adopt decisions -​ First female judge in 1999, no retirement age -​ Appointed for 6 years, can be reappointed; often criticised about the appointment of the judges since it’s not clear the process -​ Lisbon treaty improved upon this -​ Advocate General: -​ Non-binding opinions to judges -​ 5 from 5 largest member states, 3 rotating -​ Treaty of Lisbon increased number to 11 -​ Registrar: -​ Procedural and administrative duties; 6 year term -​ Chambers: -​ Chamber of 3-5 judges -​ Grand Chamber of 13 Judges -​ Full court in exceptional cases ECJ: Procedure -​ Written and oral stage -​ Final decision adopted by a majority: -​ No mention of dissenting opinion to maintain anonymity -​ Judgement published in EU’s official Journal -​ The decisions are final Question: what is the ECJ’s procedure? European General Court: -​ Formerly known as the Court of First instance -​ Independent status since the Nice Treaty -​ Aim was to help out the European Court of Justice -​ Focuses of legal issues such as Administrative law. The judges are appointed the same as the European Court of Justice except there are no Advocate Generals. Question: what is the European General court? European Civil Service Tribunal -​ Created in 2024: -​ For cases involving European administration -​ Judges: -​ 7 judges -​ Cases can then be appealed further to the European General Court Question: what is the European Civil Service Tribunal? Activities of the ECJ: -​ Aims that EU law is observed in interpretation and application -​ Jurisdiction: 2 main tasks -​ Direct actions -​ Any legal persons, member states or EU institutions can appeal on the basis of EU law not being followed -​ Infringement proceedings: If a member state fails to fulfil EU obligations -​ Annulment procedure aka Action for judicial review: exactly what it sounds like, review legality of acts -​ Action for damages: Compensation for individuals or member states due to EU’s illegal activity -​ Example: ES Lecturer Stefan Salomon litigated against Austria’s Schengen controls: free movement of people, if you cross a Schengen border then you cannot be checked. He was checked in a Schengenn border; Austria payed a fine Question: what are the activities of the ECJ? References to Preliminary ruling: -​ Not individuals but national courts who ask for advice/ opinions of the ECJ to decide on the case -​ In theory, non-hierarchical but in practice it absolutely is as it becomes difficult for the national court to go past the European courts. -​ Used to issue important political decisions: -​ Central in shaping legal order of EU -​ Important in development of key legal principles e.g: direct effect; supremacy Judicial politics:  -​ Treaties and constitutions as “incomplete contracts” -​ Courts can exploit vagueness to shape policy outcomes -​ Judges should be neutral in theory but most have their own political biases -​ EU especially prone to judicial politics -​ EU law is vague as member states can’t agree on the nitty-gritty -​ No constitution; treaty of Lisbon is the closest but it does not have the status of the constitution -​ EU decision making process involves many actors which means that there is more room for manoeuvre -​ Used this liberty to push EU law in a pro-European direction -​ ECJ ruling often in favour of consumer rights, gender equality etc -​ ECJ acts as policy maker unofficially -​ Concerns about ECJ being too political; the EPP has become the almighty power in the EU and is very well represented in the European Council so it’s not problematic that the ECJ counterweights that by introducing a more liberal and progressive bias -​ Weakens separation of power Judicial politics “integration through law” -​ In “Eurosclerosis” (stagnation of EU integration during the 1960s) ECJ emerges as a motor for integration -​ 3 landmark rulings: -​ Often seen as “de facto constitution” of the EU -​ Van Gend en Loos ruling 1963: direct effect -​ imported chemicals from Western Germany to the Netherlands where they were asked to pay import taxes at Dutch customs which they objected to on the grounds -​ Dutch company invoked EU law against Dutch customs authority -​ ECJ was asked for preliminary ruling: does EU law apply? -​ ECJ decided that individuals can invoke EU law b/c the community constitutes a new legal order -​ Against the will of majority of member states w -​ EU law is similar to domestic law then international law -​ EU law is “law of the land” in member states -​ Costa vs Enel ruling: supremacy of EU law over national law -​ Italian court asked for preliminary ruling as there was a contradiction between Italian and european law -​ ECJ rules that EU law is superior than Italian law, by creating the EU, member states limited their sovereignty -​ Supremacy applied to all EU norms -​ Cassis de Dijon ruling 1979: mutual recognition -​ French liquor with 15-20% alc -​ German company wanted to import this and sell it but German law stated that liquor must have 25% alc and hence cannot be sold as liquor but does not align with European law of free trade -​ ECJ: if a product is marketed as one thing in one member state, you are automatically allowed to sell it under the same name in any other  member state unless there are specific reasons against common welfare. Question: what are the 3 landmark rulings? Current challenges: -​ Neutrality v Judicial politics: -​ Challenges separation of powers -​ Judicial politics has decreased due to workload -​ Eastern enlargement: -​ New judges from diverse legal traditions -​ Increased workload -​ Accession to European Court of Human Rights -​ Human rights not strongest aspect of ECJ’s Work -​ Political and legal autonomy will be compromised -​ ECJ has reacted to Europskepticsm shown through recent ruling where the ruling could’ve been pushed more towards integration. Ex: not as easy to access welfare state services in different member states if one works there. Economic & Monetary Union: -​ Single currency: The Euro -​ Single monetary authority: European Central Bank -​ Responsible for euro -​ Determines monetary policy -​ Single monetary policy: -​ Sets key interest rate -​ Money supply -​ Credit conditions -​ Institutional asymmetry of EMU -​ Developed monetary union (role of ECB) -​ Less developed economic union, no economic government Question: what is the EMU? European Central Bank: -​ Founded 1 June 1998 -​ Located in Frankfurt/ Main -​ After German Bundesbank Where is the euro used? -​ Euro area: 20 EU member states -​ EU member states that DO not use it -​ Do not YET comply with convergence criteria: Bulgaria, Czechia, Hungary Romania, Poland -​ Makes sure not to comply with convergence criteria: Sweden and Denmark has an opt out Conditions for Optimal currency area (OCA) -​ Countries are sufficiently integrated economically -​ Transfer payments -​ If sufficient labour market mobility across countries -​ Then it makes sense to have 1 currency Question: what are the conditions for OCA? Economic explanations for EMU -​ EMU suitable if Optimal Currency Area (OCA) -​ Most argue EU is not an OCA- EMU bad move -​ Some take broader view of OCA- less critical -​ ‘Endogenous’ OCA theory: self-fulfilling prophecy Economic explanation -​ EMU dependent on central bank credibility -​ Financial markets must have confidence -​ Some argue that ECB has full independence & has clear treaty-based mandate -​ More confidence than individual central banks Why did member states decide to create the common currency? -​ Competition to the US: they wanted to establish Euro as the second currency and even more important than the dollar -​ Facilitate trade amongst member states -​ Insuring stability by having 1 central bank that manages inflation -​ More political integration: less conflict Political explanations: -​ Neo-functionalism: -​ Spillover from single market from trading etc -​ Importance of supranational actors -​ Intergovernmental: -​ France keen to control Germany and Germany benefited from regime simila to nation -​ Symbolic power of joint currency Question: difference between neo-functionalism or intergovernmentalism? Convergence criteria: theory Agreed in Maastricht Treaty 1991 -​ Price Stability: inflation rate < 1.5% above best performing member state -​ Budget deficit < 3% of GDP -​ Accumulated public debt < 60% of GDP -​ Successful participation in ERD for the past 2 years -​ Interest rate for gov bonds < 2% - above rate of 3 top member states Question: what is the convergence criteria? EU Law Making 1.​ Source of EU Law: Air regulations for example is a source of EU law -​ Primary law (EU Treaties): Means that it prevails over the others even the international law -​ General Principles of EU Law: inform the interpretation of EU law -​ International Law: -​ Secondary Law: legal act approved based on the treaty; derived from primary law -​ Implementation of EU Law: technical rules like the authorization of products like vaccines. Adopted through implementary measures 1.1 The treaties -​ Protocols (binding): -​ Annexes: -​ Declaration (non binding): more political Primary Law: Treaty on European Union TEU and TFEU TFEU: Union policies and internal actions -​ Amount of power EU enjoy is dependent on the different areas -​ List of areas the EU can act 2.​ Competences: principle of conferral: -​ Essential for any federation; whenever there is a sharing of power -​ Key constitutional pact -​ Member states agreed that EU has power in x y and z -​ Mentions the boundaries which are agreed upon and the EU must act within through areas -​ This is foundational as member states have limited their own sovereignty -​ In a federal state, rule is the opposite, the competences of the state are enumerated but those that are unnamed are with the central government whereas in the EU they remain with the member states -​ Practical implications: if one wants to make sure that the EU remains within the boundaries, one must ask about the basis of any legal act that the EU is adopting- legal basis -​ Legal basis confers the power on the EU -​ Every legal act needs to have a legal basis although, these basis are vague and are interpreted so ​ EU competence types: -​ Exclusive competentives: custom unions, competition rule, monetary policy; the EU has the most power here over the member states -​ Shared competences: Internal market, environment, consumer protection. EU acts when necessary but member states take care of it but once the EU adopts an act in n area, member states cannot adopt any other acts  -​ Complementary competences: supplementary competences, power of the EU is weaker, it can support member states. Ex. economic policy: EU cannot guide member states for national economic policy but the EU plans the European semester where the member states share their plans and then that is reviewed. Soft power. -​ CFSP How to establish whether the EU can legislate? -​ Find competences in art. 4-6 TFEU -​ Then find the legal basis in Part three TFEU What if no specific legal basis fits? -​ Exclusive & shared competences -​ Complementary competences -​ Subsidiary legal basis for internal market, Art. 114 -​ Only measures necessary for the functioning of internal market -​ Subsidiary legal basis for all Treaty Objectives -​ Unanimity required in the Council Structural principles: principle of subsidiarity : article 5 (3) + protocol n2 -​ Content: -​ Area of shared competence -​ Union can act only if the objectives pursued by the measure such that it cannot be achieved at member state level due to for instance coordination or scale -​ And can be better achieved at this Union level -​ Ratio Legis: taking decisions close to citizens -​ Procedural spects: -​ Political control: protocol 2 (National parliaments) -​ Judicial control Procedure: -​ Legislation is proposed by European Commission -​ Transmitted to other EU institutions and national parliaments -​ Individual opinion -​ Special legislative The principle of proportionality: -​ EU will only take actions to achieve its aims and no more -​ Why do we have it ? Public power should not overreach in individual rights and member states rights -​ It asks questions that can get rid of arbitrariness so if there is an arbitrary problem, the proportionality helps uncover this -​ Conditions: -​ Appropriateness: Is this measure appropriate?, measure is adequate to it’s goal -​ Necessity: no alternative available that would be less restrictive but efficient -​ Proportionality in a strict sense: balancing  -​ Secondary Law: types of legal acts -​ Regulation (Legally binding) -​ As close as it gets to the law; how we understand law in the context of the member states -​ General application (indeterminate number of situations- for all actors) -​ Each article of the regulation has the same legal value -​ Directly applicable in all Member states, no national implementation needed. Once GDPR is published in the official journal it becomes law. -​ Directive (Legally binding) -​ General application- apply to everyone -​ Not binding on individuals but are binding on the Member states with regard to a final result. Ex. the air quality needs to be x by 2026 and achieve it however you want -​ They require action by member states to be effective -​ The Member states have the freedom to implement whatever they see fit to achieve said goal -​ No direct effect -​ Deadline: set by each directive, -​ Obligation is unconditional and sufficiently precise -​ Decision (Legally binding) -​ Google fined 1.5 million euros due to breachment of the EU law -​ Also happen in sanctions -​ Applied to an individual: Individual act (precise addresses) -​ Binding in all its elements -​ Direct application Recommendations and Opinions: -​ “Soft law” -​ Invitations addressed to MS or individuals to conform with an adopted line of conduct -​ Non binding EU Foreign policy 24th Feb 2022: Press statement on Russia’s aggression against Ukraine Precursors to current EU External Policy: -​ European Defence Community (1952): Common army amongst the Member states, efficient to protect western Europe from the USSR which was considered as an ‘external threat’. Emergence was blocked by the French parliament because it would mean that the US would withdraw their army from Europe. -​ European political Cooperation (1970): European community to act as one in different institutions. This was intergovernmental and the decisions made would be agreed upon by all member states but did not hold the member states accountable Question: what is the EDC/ EPC? Towards a ‘Political Union’- context of the Maastricht Treaty (1992) -​ Civil wars in Yugoslavia -​ Globalization- focusing into East Asia  -​ Disillusion of the USSR also enhanced the instability in Europe -​ US played a large role in helping situations in Yugoslavia -​ Further coordinating their foreign policy together -​ Influence of European states crumbled away due to rise of new powers- China for example -​ Protect economic interests of EU- fascination of integration Question: what was the context of the Maastricht Treaty? Political Union: -​ Political identity: the reunification of Germany and the USSR debate about political identity began. -​ Enlargement: Other European states also wanted to the EU which forced the EU to think about the new values which the new member states would have to adhere to Maastricht Treaty and the Birth of the Common Foreign and Security policy: -​ Maastricht introduced integration elements like the Euro -​ Common asylum policy introduced -​ In Art 3 (5): basis of the EU’s foreign policy - peace, security, solidarity and mutual respect -​ Adherence to these norms can be disputed as well as the statement that the EU is a normative power Question: what was the Maastricht treaty in the context of the CFSP? Commons strategies, joint actions, common positions -​ Commons strategies: external policies in terms of priorities, common interest and the principle that guides the action of the EU. Global strategy helps to guide common action in the context of common, foreign and security policy -​ Joint Action: ex. election observation. Common positions are agreed upon in certain areas. Instruments through which common, foreign policy is operated. All member states have to agree and unanimity is required St. Malo Declaration (1998) -​ The EU failed to respond effectively in Yugoslavia as well as the Kosovo crisis -​ It states that a common security and defence policy must be established in the EU, the member states agree and it came into force in 2003 Question: what was the St. Mali Declaration? Treaty of Lisbon (2007/09) -​ Mutual assistance clause: obliged member states to provide support if a member state is under attack The CFSP: Highly Intergovernmental Policy Area -​ Key role in CFSP for the European Council and Foreign Affairs Council -​ EU member states remain key actors -​ Right of initiative  -​ Possession of veto power Question: what was the CFSP? Role of the European Council in the CFSP: -​ Defines strategic outlook of the EU -​ Adopts common strategies -​ Provides guidelines to Foreign affairs Council Question: what was the role of the European Council in the CFSP? The Foreign Affairs Council: -​ Makes formal decisions like sanctions -​ Chaired by High representative of the Union for Foreign Policy High representative of the Union for Foreign Affairs and Security Policy: -​ Following the Lisbon treaty, she is also part of the commission -​ Vice-president of the European Commission responsible for EU external action -​ Right to submit join proposals in all areas of eternal action -​ Head of the European Defence Agency -​ Responsible for implementation of Common Foreign and Security Policy Question: what is the high representative ? Limited influence of European Commission over CFSP: -​ Provision of development assistance and humanitarian aid -​ European commission plays a limited role as CFSP is not part of the ordinary legislative procedure -​ Supporting industrial cooperation in defence through EU Defence Fund- Andrius Kubilius- first commissioner to be given the portfolio of defence -​ Commission has played an increasingly important role by providing humanitarian aid Limited influence of European Parliament over CFSP: -​ Kept informed and consulted on CFSP issues -​ Has a say on the Budget allocated to civilian CSDP missions -​ Can influence civilian operations but overall has little power Proposals for a more effective EU: -​ EU s a security provider - 2018, defence president pushed for European army in order to defend against Russia and reduce military dependence on US which was criticised by many Eastern European states who wanted NATO to prevail -​ European Defence Union -​ Removal requirement for unanimity in CFSP decision-making Democratic Deficit and legitimacy -​ Legitimacy: -​ Belief in legitimacy (Max Weber) -​ Probability that to a relevant degree the appropriate attitudes will exist- people accept people in power and to be led by them -​ People consent to being led  -​ Institutional legitimacy: -​ Input legitimacy: -​ Political criterion -​ Government by the people -​ European demos involved in decision making process -​ Representative institutions -​ First step -​ Output legitimacy: -​ Performance criterion -​ Government for the people -​ Outcome in general interest -​ Addresses the performance of policies -​ Throughput legitimacy: -​ Cicien Schimdt -​ Procedural criterion: Quality of government processes -​ Government of the people -​ Links input and output legitimacy ‘ Question: what is democratic deficit? -​ Democratic Deficit: loss of democracy caused by transfer of powers democratic deficit the EU institutions and to member state executives arising out of EUropean integration -​ Academic debate since 1980s -​ Analytical-normative debate; member states are more democratic than the EU itself -​ 5 main claims: -​ Increased executive power/ decreased national parliamentary control -​ Major decisions taken by the executive -​ EU can be used by a scapegoat for unpopular decisions -​ QMV: decreasing veto power of single MS -​ European parliament is too weak -​ Increasing power of EP cannot compensate for loss of power of national parliament -​ The council dominates budget -​ The MEP’s are not well connected to the voters -​ No European elections -​ Voters not able to vote for/ against EU policies- not true now since a lot of policies are shown within the campaign also recently there have been increases in referendums. Since Brexit people are more careful to call a referendum but there are still more today than before -​ EP elections as national second-order election -​ National elections nt bout EU politics -​ EU is too distant -​ Citizens cannot understand the EU, more knowledge about the EU  -​ EU institutions and procedures are technocrats, complex and intransparent -​ Multiple languages in EP render it inefficient and hard to follow -​ Policy drift -​ Policies adopted by EU are not supported by majority -​ Ex: Neo-liberal regulatory framework, Farmer subsidies through CAP -​ Giadoenico Majone: EU regulatory state -​ Regulatory state: -​ Rulemaking, monitoring, enforcement techniques and institutions -​ To address market failures, achieve Parento-efficient situations -​ Politicization results in redistributive rather than regulatory state -​ Policy outcomes would not necessarily be pareto efficient -​ No democratic deficit but a credibility crisis -​ Andrew Moravcsuj: defence of the democratic deficit -​ EU is not creating a bias but correcting it -​ Member states give some of their sovereignty -​ EU does not have that much policy power and is mainly about cross border economic activity