TRADITIONAL APPROACHES TO THE EUROPEAN INTEGRATION PROCESS or: the dialectic of Supranationalism and Inter-governmentalism National states transfer certain.

TRADITIONAL APPROACHES TO THE EUROPEAN INTEGRATION PROCESS

or: the dialectic of Supranationalism and Inter-governmentalism

TRADITIONAL APPROACHES TO THE EUROPEAN INTEGRATION PROCESS

or: the dialectic of Supranationalism and Inter-governmentalism

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 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

National states cooperate on the (inter-)

governmental level without formally

questioning parts of their sovereignty or

limiting the execution of their sovereign

rights

SUPRANATIONALISM INTERGOVERNMENTALISM

MULTILEVEL GOVERNANCE: MAIN ACTORS AND LEVELS OF ANALYSISMULTILEVEL GOVERNANCE: MAIN ACTORS AND LEVELS OF ANALYSIS

GOVERNMENT A

GOVERNMENT B

GOVERNMENT C

International & national regimes

International & national regimes

Supranational and intergovernmental

actors

Supranational and intergovernmental

actorsTARGET STATE

TARGET STATE

Transnational groups

Administration Legislative branch Judiciary system

Central state

Administration Legislative branch Judiciary system

Central state

Administration Legislative branch Judiciary system

Regional/substate unit

Administration Legislative branch Judiciary system

Regional/substate unit

Individual cognition; Belief system;

Personal and national identity

Individual cognition; Belief system;

Personal and national identity

Domestic groups&issue-

specific groups

(commercial, religios,

and environmental)

Domestic groups&issue-

specific groups

(commercial, religios,

and environmental)

International levelInternational level

State levelState level

Regional levelRegional level

Individual levelIndividual level

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

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

WHAT IS THE EUROPEAN UNION I a?

An integrated (or interlocking) system of states („Staatenverbund“)

(German Constitutional Court on the constitutional legality of the Maastricht Agreement)

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 ]

* 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 ]

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)

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

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 gamesmulti-level games

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

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: 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)

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: PHENOMENOLOGICAL CHARACTERISTICS:

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

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.

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.

History of the European Integration

OEEC 1948

Schuman Plan 1950

Congress of Hague 1948

Council of

Europe 1949

Treaties of Rome 1957

EEC and Euratome

ECSC 1951

Prof. Dr. W. Woyke

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

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

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

Members

The EU in permanent Development

1973IR,DK,

GB,

1981GR

1986E, P

1995A, S, SF

2004/7*

* CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, RO, BUL

EEA1987

Maastricht1993

Amsterdam1999

Nizza2003

Constitution for Europe 2008?

Treaties

Die EU-25 und die Beitrittskandidaten

Prof. Dr. W. Woyke

The European Treaties

• 1957 Treaty of Rome– 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)

THE EUROPEAN UNION

First Pillar: the European Communities

Second Pillar: Common foreign

and security policy

Third Pillar: cooperation in justice

and home affairs

ECEC 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

ECSCEURATOM

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 POLICYFOREIGN POLICY

SECURITY POLICYSECURITY 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 TREATIESTHE TREATIES

Prof. Dr. W. Woyke

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

Treaty of Nice 2003

• Institutional Reforms – 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

The institutions of the EUEuropean Council27 Heads of States and Governments +President of the Commission; decision of general principles

European Parliament786 deputies co-decision procedure in „laws“Acceptance of Enlargement etc.

Commission27 Commissioners

President (inclusive)

executive + exclusive right for initiative

European Court of Auditors

European Court of Justice

Council of Ministers

27 ministers

main legislator

Decision

Proposals

Members Votes before Nice

Germany 29 10

United Kingdom 29 10

France 29 10

Italy 29 10

Spain 27 8

Poland 27  

Netherlands 13 5

Greece 12 5

Czech Republic 12  

Belgium 12 5

Hungary 12  

Portugal 12 5

Sweden 10 4

Austria 10 4

Slovakia 7  

Denmark 7 3

Finland 7 3

Ireland 7 3

Lithuania 7  

Latvia 4  

Slovenia 4  

Estonia 4  

Cyprus 4  

Luxembourg 4 2

Malta 3  

  321 87

Votes since Nice in the European Council

Prof. Dr. W. Woyke

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)

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

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

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.

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

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.

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.