treaties and integr. process institutions

8/12/2019 Treaties and Integr. Process Institutions

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The Treaties and the

Integration Process

Since SEA round oftreaty reform every 4-

5 years:

Integration process requires periodic revision;

Catch up with evolving realities and enabledesired development to occur;

Consequence of governmental bargaining

(some governments inevitable disappointed withthe outcome of the treaties and start pressingfor another round even during ratification);

The last three treatiesMaastrichtAmsterdamNicehave especially providedfor further rounds reform.


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The Making of the Treaties

IGC

Working groups of national experts

Identify relevant points and try to establish consensus(normally no engagement in negotiation);

Personal representatives of he ministers

Preparatory group; senior national offices; Permanentrepresentatives to EU; fortnightly meetings arenormal.


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Foreign Ministers

They oversee the process and provide political guidelines;

Highly specialized issues; often outside the normal departmentalremit of participants.

European Council meeting

All outstanding issues are negotiated and traded; feverishatmosphere; much of he business concluded in informal

bilateral meetings.Nice broke the record: spread over 4 days.

Leaving aside expert group, 370 hours, 30 meetings of PersonalRepresentatives ,ten of Foreign Ministers, 3 of EuropeanCouncil.

Presidency act as the engine driving the Conference; findingcompromises


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reaties and the Nature of European Integration

In terms of understanding the foundation,

development, and essential nature of he EU, the

stories of the Treaties are extremely revealing .

They highlight and confirm long-established

characteristics and features of the integration

process:

>


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Treaties and the Nature of European Integration 1

- Economics before politics

- Flexibility

ops-out; enhance cooperation- Incrementalism

almost constant edging forwards, pressure from more advances

- Increased complexity

Treaties=outcomesnegotiations; compromises between desire of

advancement and protection of national interests- Variable pace


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- Interplay between supranational andnationalactors

EC, EP, CJ =some influence

Governments key actors

Commission presents, but no vote

Treaties lead to history-making decision(Peterson) and then increased influenza ofother actors


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- Benefits for everybody

Disagreement in all treaty-making negotiations between member

states; nonetheless recognition of benefits for all, alwayssomething to gain from the integration process

- An elite-driven ProcessPolitical and administrative elites tend to set the policy agenda,

usually taking decision without consulting their electorates.Reaction, seeking more citizens involvement


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An Ongoing Process

All the EC/EU Treaties has contributed

significantly to promote the development ofthe Integration Process.

None has marker the end of the process or

identify where that end might be.

Compromises emerge from the treatyprocess.


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The EUInstitutions: An Overview

The European Union (EU) straddle acceptedcategories of political organization.

It is less a federation and more than aregime, a kind of confederation but not yet aGemeinschaft, neither state nor ordinaryinternational organization.

The EU is unique experiment embedding thenational in the European, and the Europeanin the national. (Laffan)


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The EUInstitutions

1Commission

2Council (of Ministers)

3- European Parliament

4- Court of Justice of the European Union (before: European

Communities)

5- Court of auditors

6European Council (locus of power).

7- European Central Bank


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Other Institutions and actors

Economic and Social Committee

Committee of the Regions

European Investment Bank

European System of Central Banks

Court of Auditors


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The Commission

Frequently portrayed as he civil serviceof the EU, theCommission is rather lessand rather more than that.

- rather more: in the sense that the treaties and political practicehave assigned to it much greater policy-initiatives and decision-making power than those enjoyed, in theory at least, by nationalcivil services;

- rather less: in that its role in policy implementation is greatlylimited by the fact that agencies in the member states arecharged with most of the EUday-to-day administrationresponsibilities.


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The Commission 1

The Commission is centrally involved in EUdecision-making at all levels and on allfronts.

It has an array of power resourcesand policyinstruments at its disposal (strengthened bythe frequent unwillingness or inabilityof otherEU institutions to provide clear leadership.

The Commission is at the very HEARTof theEU system, the enginedriving it.


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The Commission 2The College of Commissioners

Seated at the summit of the Commission are the

individual Commissioners, who are each in charge of

particular policy areas and who meet collectively asthe Collegeof Commissioners.

Originally they numbered 9; with the enlargements

their size has grown: 13, 14,17, 20(with the 3

EFTAns in 1995), 25-27(enlargements 2004-07). France, Spain Germany, Italy, UK used to have 2

From January 2005 one each member states


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The Commission 3The College of Commissioners

When EU Member States 27 or more: the number of Memberof the Commission shall be less than the number of MemberStates.

Members of the Commission shall be chosen according to arotation systembased on the principle of equality, theimplementing for which shall be adopted by the Council, actingunanimously, and

- the number of members of the Commission shall be set by theCouncil, acting unanimously (Nice Treaty, Protocol A, art. 4)


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The Commission 4Appointment procedure

Prior to the College that took office inJanuary 1993, Colleges were appointedevery four years(2+ automatically 2) bycommon accord of the governments of themember states.

The Maastricht Treaty (1992) changed thisprocedure, primarily to strengthen the linksbetween the Commission and he EP


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On the occasion of the firs application of the new Maastrichtprocedure in 1994 fir the Commission that assumed office inJanuary 1995 (Lux. PM Jacques Santercompromisefollowing UK refusal to support Belgian PM Jean-LucDehaene)EP was barely consulted;

- EP made clear to the European Council the need of a EP voteof confirmation.

- Santer confirmed by narrow majority and EP hearing for

College.

(Santer Commission resigned in March 1999; EP threatened todismiss it) Romano Prodi followed.


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The Nice Treaty further altered the

procedure by specifying qualified majority(and not for consensus) for decisions:

- In European Council, on the nomination of the

President and on the other Commissionersplusthe appointment of the al College.


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The Commission 9Appointment procedurePost NICE

The Council, meeting in the composition ofHead of States or Governments and acting

by qualified majority, shall nominate the

person it intends to appoint as President of

the Commission; the nomination shall beapproved bythe European Parliament.


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The Commission 10Appointment procedurePost NICE 1

The Council, acting by qualified majority anby common accord with the nominee for

President, shall adopt the list of the other

persons whom it intends to appoint as

Members of the Commission, drawn up inaccordancewith the proposals made by each

Member States.


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The Commission:

Impartiality and independence

Commissioner are notsupposed to be national representativesbut should:

in the general interest of the Community, be completedindependent in the performance of their duties

and (much the same sentiment)

neither seek nor take instructions from any government or from

any other body.


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The Commission:

Impartiality and independence 1Solemn Declaration

Each Commissioners, on assuming office, makes the following solemndeclaration:

I solemnly undertake:

To perform my duties in complete independence, in the general interest of theCommunity;

In carrying out my duty, neither to seek nor to take instructions from anyGovernment or body;

To refrain from any incompatible with my duties;

I formally note the undertaking of each Member States to respect this principleand not to seek to influence Members of the Commission in the performance oftheir task;

I further undertake to respect, both during and after my term of office, theobligation arising therefrom, and in particular the duty to behave with integrityand discretion as regards the acceptance, after I have ceased to hold office, of

certain appointments or benefits.


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The Commission:

Impartiality and independence 2

Can, in practice, full impartiality be achieved

or attempt?

Is it realistic to expect Commissioners, upon

assuming office, suddenly to detach

themselves from previous loyaltiesandconcern themselves solely with the wider

European interest ?


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The CommissionCharacteristics

There are no rules or understandingas to what sort of people,with what sort of experience and background, member statesgovernments should nominate to be Commissioners.

- Former national politicians just short of the top rank;

- Increasing EU importance, increased political weightofmembers (PM, Deputy PM, Ministers)

- Naturally a rang of political opinionrepresented.


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The CommissionTe President

The most prestigious and potentially influential College post isthe Presidency

Although most important Commission decisions must be taken

collectively by the 20 Commissioners, the PRESIDENT: Is the most prominent, and usually the best known, of the

Commissioners;

Is the principal representatives of the Commission in its dealingwith other EU institutions and with outside bodies;

Is generally expected to give a sense of direction to his fellowCommissioners and, more broadly, to the Commission as awhole (this latter was strengthened by theAmsterdam Treaty:The Commission shall work under the political guidanceof itspresident;

Allocate Commissioners portfolio;

My request follow Commissioners to resign, after obtaining theapproval of the College (provision added to Nice Treaty afterEdith Cressons refusal to resi n Santer Commission


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The CommissionTe President 1

Is directly responsible for overseeing some of the Commissions

mostimportant administrative servicesnotably the Secretariat

general, which, a.o, is responsible for the coordination of theCommission activities and for relations with Council and EP.

Make take on specific responsibilities of his/her own, usualy in

harness with other Commissioners.

Given the importance of the officeof President, the EuropeanCouncil is very careful about who is nominated to be

Commission Presient


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The CommissionCabinets

To assist them in the performance of their duties,Commissioners have personal cabinet.

- Small team of officials- Coming from the same nation of the Commissioner

- Prodi:

* more multinational,

* deputy of other nationality ad the chief

Cabinets undertake a number of tasks

Presidents cabinet centrally involved in brokering the manydifferent views.


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The CommissionBureaucracy

Below the Commissioners lies the Commission

bureaucracy.

23 languages, but most of the Commissions internal

business are conducted in English and French.

EU stuff 2002: 29 997 - 21 750 by the Commission

Recruitment: on the basis open competitive

procedures; low levels: private companies

Multinational staffing policy


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The CommissionOrganization

The Directorates General and otherservices

(Name + Number; Prodi abolished confusingnumbers; introduction of shortened names

DG TREN (Transport and Energy)

- Directorate- Units

In addition to DC, other services


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The CommissionOrganization 1 The Hierarchical structure

-All important matters are channeled through the weekly meeting

of the College of Commissioners. At this meeting decisions aretaken unanimously if possible, but by majority vote if need be.

-In particular policy areas the Commissioners holding the portfolioin questions carries the main leadership responsibility.

-DGs are formally headed by Director General, who areresponsible to the appropriate Commissioner/s.

-Directorates are headed by Directors, who report to theDirectorate General.

-Units are headed by Heads of Units, who report to the Directorresponsible.


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The CommissionOrganization 2

Decision-making mechanismThe hierarchical structure produces a model route via which proposals

for decisions make their way through the Commission machinery:

An initial draftis drawn up at middle-rankinglevel in theappropriate DG. Outside assistanceconsultants, academics,national officials and experts and sectional interestsis sought.

The parametersof the draft determined by existing EU policy orby guidelines at senior Commission/or Council level.


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The CommissionOrganization 3cont.

The draft is passed upwards -through superiors

within the DG, through the cabinet of the

Commissioners responsible, and through the weekly

meetings of the chef de cabinetsuntil the College

of Commissioners is reached . During this passages

the draft may be extensively revised.


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The College of Commissionerscan dovirtually what it likes with the proposal. I may

acceptit, rejectit, referit to back to the DG

for redrafting, or defertaking a decision.


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Commissioners meetingare always preceded byother meetingdesigned to ease the way to decision-

making:- Informaland ad hoc consultations between

Commissioners involved;

- The Commissions agenda is always considered at aweekly meeting of the heads of the Commissionerscabinet.

(Chefs of cabinets meeting chaired by CommissionpsSecretary General)


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The CommissionOrganization 6.

Cabinets membersresponsible for particularpolicy area feedinto chef de cabinet

meeting. Officialsfrom the different cabinets, who are

generally well known to one another, oftenexchange views on informal bases.


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The CommissionRespons. + powers 1

Responsibilities an powers Some of the Commissions responsibilities and powers are prescribed in

Treaties and EU legislation; others from practical necessities.

Initiatives: put proposals before the Council

Implementation

Supervision

Art. 211 TEC: The Commission shall formulate recommendations or

deliver opinions on matters dealt with in this Treaty, if itexpressly so provides or if the Commission consider itnecessary: act to advance the EU development.

(White papersGreen Papers)


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Commissions advisory committee

network (two main types):1Expert committees: composed ofnational

officials, experts and specialists ( nominated by

national governments)

2- Consultative committees: composed ofrepresentatives of sectional interests (organized and

funded by the Commission).


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Executive function:

- Rule-making powers

- Management of the EU finances

- Supervisor of front-line policy

implementation- Comitology (arrangements associated with

procedure)


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The guardian of the legal framework

In association with the Court of Justiceof the EuropeanCommunities , The Commission is charged with ensuring that

treaties and EU legislationare respected.

- Non-compliance by member states (since Maastricht,empowered to impose sanctions against MS in breach of their legal

obligations).

- Firms breaching EU laws on restrictive practices

(Banks colluding to set charges).- Firms breaching EU rules on state aids

( state subsidization of business and industries)

- Potential breaches of EU rules on company mergers


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Mediator and conciliator

Promoter of general interest


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Agencies

Part of the Commissions activities

Locates in member states

European Environment Agency (EEA)

Copenhagen, Denmark


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European Parliament - EP

Assembly of the Europeaan Coal and Steel Community (CECA)

1962: The Assembly autonomously adopter the title of EuropeanParliament

1970, 1975: EU budget power:- Right to propose modifications to compulsory expenditure (e.g.

agriculture) QMV require for rejection;

- Right to propose amendments to no-compulsory expenditure (mostthings apart from agriculture);

- EP acting by majority of its members and two-thirds of the votes cast,may, if there are important reasons, reject the draft budget and ask fora new draft to be submitted to it

SEA (1986): official name: EP and cooperation procedure.

More and more powers:


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EP fw.up. 1

Consultative procedure: EP asked for an opinion onCommission proposal for legislation; once that opinion hasgiven the Council may take whatever decision it wishes.

Council decision previous EP opinion will be ruled invalid ECJ. Cooperation procedure: second reading process: The Council is

confined to adopting a common position to be referred back to EPwith explanation of its common position and reasons of ejecting EPamendments.

If EP is dissatisfied, in second reading it can exercise pressure in

amending or rejecting the common position by absolute majority vote.This vote is non veto, but political weight and Councilcan overcomesuch situation and adopt with unanimous vote only; interinstitutionalbargaining


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EP fw.up 2

Co-decision procedure:

Councils and EPs approval required.

-Third reading-Conciliation Committee

Assent procedure:EP must consider proposals at a singlereading and with non provision for amendments.

-necessary EPs assent by an absolute majority of members foraccessionof new members and associationagreements

Commissions nominee and censorship


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EP fw.up 3

EPs members:

-Until 1979 MEPs ere nominated by the National

Parliaments-No national parties but European political groups (now

7 + 1)

- Santer Commission

- Location: StrasbourgBrussels- 732 MEPs election 2004


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The Council (of Ministers)

CoM is the principal meeting place for the national

governments

Minister, deputy ministers

The principal responsibility of the CoM is to take

policy and legislative decisions

CoM has most room for independent manoeuvre

when it is acting under pillars two and three of theEU (nor restricted to act on the basis of Commission

proposals (pillar one)


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CoM 2

Committee of Permanent Representatives

Weekly meeting

COREPER 2 (permanent representatives)

COREPER 1 (deputy)

Committees and working groups Secretariat General

Merger Treaty 1965>1967


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CoM 3

Voting: simple majority; unanimity; QMV

Abstention= negative vote

Voting weights Minority block


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CoM 5

QMV: now 71.3 % - after 74.8

Commission proposal: cast by a majority of states

Council proposals: cast by two-third of states (helpful tosmall states)

If verificationis required: at least 62% of the EUs

population (helpful to large stats)

Twice-yearly rotation


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European Council

Heads of States or Governments

(Heads of State France, Finland)

Paris 1974: 3 Summits a year

SEA: legalized, 2 Summits a year

Further confirmations


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European Council1

Political GUIDELINES

The Council, meeting in the composition of Heads of States orGovernments

Twice-yearly rotation

Constitutional Treaty two years an

19741981 President Valry Giscsard dEstaing andChancellor Helmut Schmit closely co-operated:

European Councilhas, to a large extent, replaced thecommissionas Communitys notar.


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The Court of Justiceof the European

Union

Since the EC Coal and Steel 1951.

Not to be confused with the European Court of Human Rights ,based in Strasbourg, set up by the Council of Europe under theEuropean Convention of Human Rights signed in 1950.

Task: ensuring that the law is applied throughout the Community inaccordance with the provisions of the treaties.

Correct enforcement and interpretation of the EU law.

Now: 25 judges (one each member state) and 9 advocates-

general.Judges are chosen by the Council of Ministers, on the nomination

of member states.


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ECJ fw.up 1

ECJ Jurisdiction

In general six types of cases come before the Court or

its Chambers:1. Dispute between member states;

2. Dispute between the EIU and member states;

3. Dispute between the Institutions

4. Dispute between individuals, or corporate bodies,and the EU (including staff cases);

5. Opinions on international agreements;

6. Preliminary ruling on cases referred by national

courts.


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ECJ fw.up 2

ECJ sentences: National governments and citizens of EUmember states are subjected to the ECJ sentences.

Court of First Instance

The SEA provided for the establishment of a Court of FirstInstance

CFI crated in 1989, recently operating

Right of appeal to the ECJ

From 2005 staff cases heard by European Union Civil ServiceTribunal, with right of appeal to the CFI.


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The Economic and Social Committee

Rome Treaty EEC 1957sectional interests

Four reasons:

1- Five of the six (Germany was an exception) has such bodies intheir own national systems;

2- The essentially economic nature of the Community meant thatsectional interests would be directly affected;

3- The Assembly (called EP) was not enough to express sectionalinterests;

4- The institutional framework of the Rome Treaty was based onthe Treaty of Paris model, and that had provided for a socio-economic advisory body in the ECSC Consultative Committee.


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ESCfw.up 1

Membership divided in three groups:

1- Group I: Employers

Group II: WorkersGroup III: Various interests

Opinions issues in three circumstances:

1- Mandatory referral;

2- Optional consultation;

3- Own initiatives.

ESC is based in Brussels (the same building of CoR)


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Committee of the Regions

Regionalism, regional issues and regional

politics: more and more significant role.

1975: European Regional Development Fund

Size and national composition of the

membership of the CoR is the same as that

of the ECS.Compulsory, optional, own initiatives


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The European Investment Bank- EIB

Crested under the EEC Treaty 1957

Italys request

Art. 267 TEC: contribute, on a non-profit-making basis, via the granting of loans and the giving of guarantees ,to the balanced and steady developmentof the common market in the interests of the Community.

Projects must:- further economic and social cohesion;

- Involve modernisation;

- Common interests of several member states;

- be financially and technically viable.

- The Bank gets the money on the capital market

Hierarchy of decisions:

- Board of Governors(one minister x member state): general directives;

- Board of Directors(general responsibility management according to the provisions and and for deciding

on loans and guarantees; 25 Directors nominated by members states + 1 by Commission- Management Committee(current operations); Presid.+7 VP: weekly meetings.

- EIB based in Luxemburg


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Court of Auditors

The 1975Treaty Amending Certain FinanceProvisions of the Treatiesreplacedthe two existing

Community audit bodies - the Audit Board pf theEEC and Euratom and the ECSC Auditorwith asingle Court of Auditors

The Maastricht Treatyenhanced the Court ofAuditorss standing by raising it to the rank of a fully

fledged Community Institution. The main tasks of the Court of Auditors are to

examine all the EU revenueand expenditureaccounts .

The Court of Auditors is based in Luxemburg


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The European System

of Central Banks

As the EU moved forward during the 1990sa with theconstruction of the Economic and Monetary Union

(EMU), an institutional structure was created tomanage it.

The December 1995 Madrid European Councildecided that the single currency would be calledEURO.

Extensively debate on two questions:- Given that the single currency would require

common monetary policies, what should be thebalance between politicians and bankers ?

- Given that the single currency would require some


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ESCB Fw.up 1

Answers:

-Bankers responsible for day-to daymanagement of

common monetary policy, but not with completelyfree hands: subject to some political directionandaccountability.

- The impasse was resolved with the agreement thatthat the single currency ministers would some timesmeet as a group, but their gatherings would be forthe purpose of consultation and cooperation ratherthan decision-making. The result was an articulatedEMU institutional structure (as follows):


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ESCB- fw.up. 2 The EcofinCouncil of Ministers:Composed of national ministers of Finance from the EU member states:

responsible for the broad outline of EU macroeconomic policy. It can takeaction against Euro zone states with excessive government deficit.

The EuroGroup, or Euro countries CouncilComposed of national ministers of Finance from the single currency member

states; The European Central Bank(ECB)ECB operates within the framework of the European System of Central Banks

(ESCB).

ESCB is composed by the ECB and the EU national central banks (NCBs).

NCBs of member states not part of the Euro zone have a separated statuswithin the ESCB.

treaties and integr. process institutions

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