Chap. 1. The Evolving Union

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Chap. 1. The Evolving Union

• The evolution of the European Union is principally an issue of dynamics, viewed through the lens of history (Section 1), law (Section 2), and economics (Section 3)

• In terms of history, see KD, pp. 7-18

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Section 1. The Dynamics of History

• Forsaking developments on European empires built on force (e.g. the Holy Roman Empire), the driving force behind European integration long had to do with the need to eliminate war in international relations and generally overcome bloody divisions between European nations : see most notably the Treaty of Westphalia (1648)

• Different figures stand out for presenting visions of a peacefully united world, achieved by applying advanced legal, social, and moral theories : in large part, this implies a United Nations-like parliament of nations and global disarmament

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William Penn (1644-1718)

• English Quaker (educated at Lincoln’s Inn…) and founder of Pennsylvania

• Author of “An Essay Towards the Present and Future Peace of Europe, by the Establishment of an European Dyet, Parliament or Estates” (1693)

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Abbé Charles Castel de Saint-Pierre (1658-1743)

• French abbot and writer who set the seeds of the Enlightenment

• Traumatized by the wars that marred the end of the reign of Louis XIV, l’abbé de Saint Pierre laid down a federalist project in his “Projet pour rendre la paix perpetuelle en Europe” (1713)

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Victor Hugo (1802-1885)

• French romantic writer and politician

• Amongst ceaseless struggles (against capital punishment, for freedom of expression, …), Hugo famously advocated the establishment of the “United States of Europe”

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Giuseppe Mazzini (1805-1872)

• Italian philosopher and politician (pensiero et azione), credited with fashioning the idea that Italy was one nation

• In Mazzini’s view, European unification was a logical continuation of Italian unification

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The 20th Century

Tragedies, ideals, and realizations… The setting up of the EU is at the crossroads of (§1) major geopolitical upheavals (two world wars) and (§2) ensuing ideas to address a new world order

Ultimately, the European project will be effectively realized (§3)

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§1. Geopolitical Upheavals

A. WWI (1914-1918)Over 40 million casualties, and a large redrawing of the map of Europe, with the dissolution of old empires (Austro-Hungarian and Ottoman empires) and the ensuing creation of many new nations

In the aftermath of WWI, two figures stand out for their bold dreams…

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Alexis Léger (1887-1975)

• French diplomat and poet (Nobel Literature Prize 1960)

• Author of a Mémorandum sur l’organisation d’un régime d’union fédérale européenne (1929)

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Aristide Briand (1862-1932)

French politician (Nobel Peace Prize 1926), renowned for his role in the Locarno Pact of 1925 and a memorandum presented to the League of Nations in 1930

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Geopolitical Upheavals (Contd.)

B. WWII (1939-1945)…The deadliest conflict in human history with over 70 million deadIn the aftermath of WWII, three types of organization were established

–Economic : Benelux (1944), OEEC (1948) OECD (1961)

–Military : WEU (1948), NATO (1949)–Political : Council of Europe (1949) :

developed in KD, pp. 7-8Differences with the European Union

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§2. Ideas

• Two schools of thought are available when theorizing international relations : “realism” (self-interest of nation-states) and “functionalism” (states share common interests and needs)(theory formulated by Ernst B. Haas and David Mitrany)

• Applying the functionalist theory to various economic sectors (commodities and services) or issue-areas (justice and home affairs), a “spillover effect” is triggered, furthering the process of integration. Through this series of chain-events, it becomes difficult to resist integration as it progresses

• On functionalism, see KD, p. 10• Different figures stand out…

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Jean Monnet (1888-1979)

Visionary statesman who never held political power huge influence by reason of an incomparable network of contacts and because he was an artful persuader

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Robert Schuman (1886-1963)

• French Foreign Minister• Famous for the so-called

“Schuman Declaration” of May 9, 1950 : emphasis on the gradual approach (functionalist approach) to integration

• Proposal to pool basic production of coal and steel under a common High Authority (whose decisions would be binding) first step in the federation of Europe

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Paul-Henri Spaak

• The Messina Conference of 1955 prepared the ground for broad-based integration an intergovernmental committee ensued, chaired by the Belgian foreign minister, Spaak

• Its report, in April 1956, examined the economic attraction of integration and elaborated proposals for institutional support

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§3. Realizations

Five moments may be singled out…A. The Setting-Up of the European Union

(1951-1958)B. The Realization of European

Integration (1958-1992)C. Deepening of European IntegrationD. EnlargementE. Constitutional crisis of 2005-2009

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A. The Setting-Up of the European Union (1951-1958)

a). European Coal and Steel Community (ECSC - Treaty of Paris, 1951) : a Promising Start…(KD, pp. 8-9)

b). European Defence Community : a Resounding Failure in 1954…

c). European Economic Community (EEC) and European Atomic Energy Community (Euratom) : the two Treaties of Rome signed in 1957

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B. Realization of European Integration (1958-92)

1. Infancy (1958-1969). Competing Interests and Merger Treaty of 1965 (entry into effect in 1967): rationalization of the administrations of the three Communities (KD, p. 10)

2. Growth (1970-1985). Enlargement and Political Stagnation (doom and gloom… albeit first EP elections in 1979, beginning of the European monetary system, setting up of the European Council, …)

3. Maturity (1986-1992). A New Momentum : largely related to the Single European Act, signed in 1986 and in effect as of 1 July 1987 Timetable aimed at completing the internal market by 31 December 1992 (physical, technical,and fiscal barriers aimed at primarily)(KD, pp. 11-12)

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C. Deepening of European Integration

The reasons behind the deepening of European integration are threefold

• Internal momentum• External reasons : effective enlargement

(Austria, Finland, and Sweden on 1 January 1995) and impending enlargement (consequence of the fall of the Berlin Wall on 9 November 1989)

• Changes in world trade flows and spectacular development of information and communication technologies (ICTs)

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1). Treaty on European Union (Maastricht) of Feb. 7, 1992The TEU greatly modified the ambit of the European Union’s action and enhanced its effectiveness (KD, pp. 12-15)

1). Pillar structure

2). Institutional changes per se

3). New areas of competence

4). Novel concepts : e.g. EU citizenship

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1.1). Pillar Structure

European CommunitiesEuropean (Economic) Community : ECEuropean Atomic Energy CommunityEuropean Coal and Steel Community

Common Foreign and Security Policy(CFSP)

Justice and Home Affairs(JHA)

European Union

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Common Provisions

• Before coming to each of the three pillars, the TEU contains provisions that are “common” to all three pillars (Title I of the TEU)

• Combination of rhetoric and objectives : see Article 2 TEU

• Title I TEU (Common Provisions) was made non-justiciable, i.e. the European Court of Justice cannot exercise its jurisdiction over Title I : see Article 46 TEU

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First Pillar : Community

• The first pillar largely covers the existing Community dimension, i.e. the Treaty establishing the European Community, the European Atomic Energy Community, and the Coal and Steel Community

• Amendments to these 3 Treaties laid down in Titles II-IV TEU respectively

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Second Pillar : CFSP

• The second pillar covers “Common Foreign and Security Policy”

• Legal basis : Title V TEU• In the main, decisions taken

by the Council acting unanimously (Art. 23 TEU)

• Political and Security Committee (Art. 25 TEU)

• Presidency and Secretary-General of the Council, High Representative for the CFSP (Art. 18 and 26 TEU)

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Third Pillar : JHA

• The third pillar initially covered cooperation in the field of “Justice and Home Affairs”

• Legal basis : Title VI TEU

• Policies covered by JHA : Art. 29 TEU

• Mantle of JHA belongs to the Council, again, in the main, acting unanimously