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The EU as a Dominant International Organisation

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1 The EU as a Dominant International Organisation

2 TRADITIONAL APPROACHES TO THE EUROPEAN INTEGRATION PROCESS
or: the dialectic of Supranationalism and Inter-governmentalism SUPRANATIONALISM INTERGOVERNMENTALISM National states transfer certain rights or parts of their sovereignty to a supra-national authority constituted as an independend international actor by international treaty National states cooperate on the (inter-) governmental level without formally questioning parts of their sovereignty or limiting the execution of their sovereign rights

3 MULTILEVEL GOVERNANCE: MAIN ACTORS AND LEVELS OF ANALYSIS
GOVERNMENT A GOVERNMENT B GOVERNMENT C International & national regimes Supranational and intergovernmental actors TARGET STATE Transnational groups International level Administration Legislative branch Judiciary system Central state Domestic groups&issue-specific groups (commercial, religios, and environmental) State level Administration Legislative branch Judiciary system Regional/substate unit Regional level Individual cognition; Belief system; Personal and national identity Individual level

4 WHAT IS THE EUROPEAN UNION I a?
More than a traditional international organization a functional administration union an international regime* a federation of states Less than a federal state a unitary state An integrated (or interlocking) system of states („Staatenverbund“) (German Constitutional Court on the constitutional legality of the Maastricht Agreement) * international regime: a set of rules, norms, principles, and procedures that focus expectations regarding international behaviour [ an “informal” international organisation that is based more on usage, case law, and individual resolutions than on a complex written treaty ratified by all participants ]

5 WHAT IS THE EUROPEAN UNION I b?
The EU is a multi-level system of governance: a confederation located between inter-state and intra-state patterns of rule. (Armstrong/Bulmer 1998) An increasingly intensified combination/linkage of regional national transnational supranational international levels of decision-making and policy execution including a large variety of actors, resources and functions in a diversity of policy areas multi-level games

6 WHAT IS THE EUROPEAN UNION I b ?
Standard decision-making procedure is the negotiation process by which national political and societal actors strive for consensually agreed compromise solutions and package deals PROCEDURAL CHARACTERISTICS: Governance refers to a process of exercising power, i.e. the art, manner, style, or method of governing [ NOT to the Government as a formal institution ], the novelty of which lies in the inclusion of civil society actors on all decision-making levels (local, regional, national, international) PHENOMENOLOGICAL CHARACTERISTICS:

7 WHAT IS THE EUROPEAN UNION III ?
More than a regime, less than a federation ... – but why ? We name four characteristics: The Commission as guardian of the Treaties and motor of the integration process which can – unlike secretariats in a regime structure – exercise a right of control over EU Member States and can take them to court if they do not fulfill their treaty obligations The existence of a supranational legal order which – as is customary in international law – not only addresses itself to the Member States, but equally to individual EU citizens who can claim rights directly from the norms of this supranational order. Equally, in all Treaties inter- pretation matters as well as in respect to secondary EU legislation, the European Court of Justice overrides the court system of the Member States; on the other hand, the execution of ECJ decisions is left to the national legal systems The EU has its own budget and its own sources of income, does not depend, in other words, solely on the contributions of the Member States Within the EU decision making framework, decisions can be made by (qualified) majority, whereas in classic international law decisions regulating the relations of states have to be made unanimously Finally, the EU is not only a legal body set up by international treaty – it is also a body which can formulate internationally valid norms and rules itself (constituted by primary Community law, it produces secondary Community law as its main occupation) – its main political function is regulatory, not so much distributive or redistributive.

8 History of the European Integration
OEEC 1948 Congress of Hague 1948 Council of Europe 1949 Schuman Plan 1950 ECSC 1951 Treaties of Rome 1957 EEC and Euratome

9 Schumann Declaration – 9. Mai 1950
World peace cannot be safeguarded without the making of creative efforts proportionate to the dangers which threaten it Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements which first create a de facto solidarity. The coming together of the nations of Europe requires the elimination of the age-old opposition of France and Germany. Any action taken must in the first place concern these two countries. Prof. Dr. W. Woyke

10 Schumann Declaration It proposes that Franco-German production of coal and steel as a whole be placed under a common High Authority, within the framework of an organisation open to the participation of the other countries of Europe. Prof. Dr. W. Woyke

11 Motives of European Integration
Overcoming of nationalism Solving the German problem Building new structures of security Reconstruction at an accelerated tempo self-assertion of Europe and the attempt to win influence in the international policy Prof. Dr. W. Woyke

12 The EU in permanent Development
Members 1973 IR,DK, GB, 1981 GR 1986 E, P 1995 A, S, SF 2004/7* * CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, RO, BUL Treaties EEA 1987 Maastricht 1993 Amsterdam 1999 Nizza 2003 Constitution for Europe 2008?

13 Die EU-25 und die Beitrittskandidaten

14 The European Treaties 1957 Treaty of Rome 1987 The Single European Act
establishing the European Economic Community (EEC) and the European Atomic Energy Community (Euratom) Set a deadline of 12 Years for the staged removal of all barriers to a common market Another priority was to lift restrictions on the free movement Agreement on a Common Agricultural Policy (CAP) 1987 The Single European Act Created the single biggest market and trading unit in the world Gave legal status to European Political Cooperation (EPC) Prof. Dr. W. Woyke

15 THE EUROPEAN UNION THE TREATIES
First Pillar: the European Communities Second Pillar: Common foreign and security policy Third Pillar: cooperation in justice and home affairs EC Customs union and single market Agricultural policy Structural policy Trade policy New or amended provisions on EU citizenship Education and culture Trans-European networks Health Research and environment Social policy Asylum policy External borders Immigration policy EURATOM ECSC Cooperation, common positiions and measures Peacekeeping Human Rights Democracy Aid to non-member countries Drawing on the WEU: questions concerning the security of the EU Disarmament Financial aspects of defence Long-term : Europe‘s security framework FOREIGN POLICY SECURITY POLICY Cooperation between judicial authorities in civil and criminal law Police cooperation Combating racism and xenophobia Fighting drugs and the arms trade Fighting terrorism Criminal acts against children, trafficking in human beings THE TREATIES

16 The Treaty of Amsterdam
The European Treaties The Treaty of Amsterdam EG More Possibility of co-decision procedure More Cooperation in the third pillar (Europol) More Power for the European Parliament CFSP Adoption of qualified majority in the second pillar Possibility of a veto still exists Cooperation in justice and home affairs Opting-out possibility for DK and UK Unanimity in the decision process still exists Prof. Dr. W. Woyke

17 Treaty of Nice 2003 Institutional Reforms Left- over:
Commission: since 2005 one Commissioner per State from 27 members System of Rotation New system of Votes in the Council Qualified Majority extended (triple Majority is necessary) Left- over: membership of the Parliament of the Committee of the Regions and the European Economic and Sozial Committee Prof. Dr. W. Woyke

18 The institutions of the EU
European Council 27 Heads of States and Governments + President of the Commission; decision of general principles The institutions of the EU Proposals Commission 27 Commissioners President (inclusive) executive + exclusive right for initiative Council of Ministers 27 ministers main legislator Decision European Court of Justice European Parliament 786 deputies co-decision procedure in „laws“ Acceptance of Enlargement etc. European Court of Auditors

19 Votes since Nice in the European Council
Members Votes before Nice Germany 29 10 United Kingdom France Italy Spain 27 8 Poland Netherlands 13 5 Greece 12 Czech Republic Belgium Hungary Portugal Sweden 4 Austria Slovakia 7 Denmark 3 Finland Ireland Lithuania Latvia Slovenia Estonia Cyprus Luxembourg 2 Malta 321 87 Votes since Nice in the European Council

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21 WHAT IS THE EUROPEAN UNION III ?
More than a regime, less than a state ... – but why ? We name four characteristics: the lack of territorial sovereignty, which still resides in the member states the lack of a monopoly of armed power, which is still exercised by the member states the lack of a European demos: despite the Union citizenship introduced by the Treaty of Amsterdam (Art. 17 – 22 ECT), national citizenship still comes first (Art.17); Union citizenship is only supplementary the lack of major redistributive economic power (with only 1. 27% of the European GDP spent by Brussels, redistribution in favour of public functions does not make much of an impression on national economies) Prof. Dr. W. Woyke

22 WHAT IS THE EUROPEAN UNION IV ?
The core of the emerging European polity’s novelty lies in the growing dissociation between territorial constituencies and functional competences In the classic model of the state, the exercise of public authority in different functional domains is congruent with a specific territory - or: when one arrives at the state’s borders, the legitimate exercise of coercion in all its functional domains ends. In other words: the foundation of stateness is based on the indispensable coincidence of territorial and functional authority. In the development of the EU, the functional and territorial domains of authority have become less rather than more congruent over time. What seems to be asserting itself is a plurality of polities at different levels of aggregation – supra-national, national, subnational – that overlap in a multitude of policy areas or functional domains. The EU authorities have few exclusive competences and hardly exercise hierarchical control over member states (with the notable exception of competition policy); rather, in the execution of their legal instruments they depend on the member states to an inordinate extent. Prof. Dr. W. Woyke

23 WHAT IS THE EUROPEAN UNION IV ?
It is these multiple levels of political aggregation – or more precisely: the actors located on them/representing them – which continuously negotiate with each other in order to perform common tasks and resolve common problems across an expanding range of issues. Without a monopoly of coercion, without a center for the definitive resolution of conflicts, without an agent for the authoritative allocation of public goods, there are only a number of policy-making processes (admittedly solidifying over time into more permanent structures). The participants in these processes are not just a fixed number of states, but an enormous variety of sub-national units and networks, transnational firms, supra-national associations and the like. Prof. Dr. W. Woyke


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