History and Theory of European Integration

1. History and Theory of European Integration Marina V. Larionova JEAN MONNET European Module

2. Lecture 8 The Ever Enlarging European Union (1993-1999) JEAN MONNET European Module

3. Contents: • The Eftan enlargements and its implications. • From Maastricht to Amsterdam, from the TEU to the Amsterdam treaty, issues and outcomes. JEAN MONNET European Module

4. Recommended Readings • Dinan Desmond (1999) Ever Closer Union. An Introduction to European Integration. Second edition. The European Union Series. Palgrave. Chapter 7, chapter 13, chapter 16; • Dinan Desmond (1999) Treaty Change in the European Union: the Amsterdam Experience. Developments in the European Union, Cram L., Dinan D. and Neill Nugent (eds), Macmillan press Ltd., 1999; • L.Tsoukalis. The Economic and Monetary Union: The Primacy of High Politics (1996). The European Union. Readings on the Theory and Practice of European Integration, Nelsen B.F. and Alexander C – G. Stubb (eds.), Palgrave, 1998. JEAN MONNET European Module

5. European Economic Area “a new form of structured partnership with common decision making and administrative institutions”? Jacques Delors, speech to the EP, January 17, 1989 JEAN MONNET European Module

6. EFTA members • Austria • Finland • Iceland • Liechtenstein • Norway • Sweden • Switzerland EEA – a means to enter the single market JEAN MONNET European Module

7. Negotiating the Treaty • A joint EC-EFTA steering group - January 1989 • Launch of negotiations – mid 1990 Acquis communautaire on internal market • The fundamental objectives: • free movement of goods • free movement of persons • freedom to provide services • free movement of capital • Contentious issues • Fishing grounds • Alpine transit • EFTA countries contribution to the EC cohesion funds • Decision shaping versus decision – making • EC-EFTA Court JEAN MONNET European Module

8. The institutions: • EEA Council of Ministers • EEA Joint Committee • EEA Joint Parliamentary Committee • EEA Consultative Committee • EFTA Court cooperation with the EU Court of Justice May 2, 1992 –signing the Treaty – a step towards the EU membership JEAN MONNET European Module

9. Accession applications • July, 1989 – Austria • June 1991 – Sweden • March 1992 - Finland • May 1992 – Switzerland • November 1992 – Norway JEAN MONNET European Module

10. Negotiating the Accession JEAN MONNET European Module

11. June 1992 Lisbon Council • Widening and deepening • Completion of the TEU ratification process • Neutral countries political commitment to CFSP JEAN MONNET European Module

12. December 1992 Edinburgh Council Decision to start negotiations after TEU ratification JEAN MONNET European Module

13. June 1993 Copenhagen Council • Target negotiations completion deadline of January 1995 • End of negotiations - March 1, 1994 • EP vote – May 1994 JEAN MONNET European Module

14. Contentious issues • Derogation periods from the acquis communautaire • Social policy / structural funds • Energy and environment • Agriculture and fisheries • Decision making • Re weighting the QMV system • Number of commissioners • Number of representatives in the EU Parliament JEAN MONNET European Module

15. Ioannina Compromise • Blocking minority – 23 to 25 • Qualified majority – 65 “If members of the Council representing a total of 23 to 25 votes indicate their intention to oppose the adoption by the council of a decision by a qualified majority, the Council will do all within its power to reach, within a reasonable time a satisfactory solution that can be adopted by at least 65 votes” JEAN MONNET European Module

16. The Fifteen62 votes with the blocking minority of 29.9% JEAN MONNET European Module

17. 1994 Accession referendum results • Austria – 66, 6 per cent in favor • Finland – 56, 9 per cent in favor • Sweden – 52 percent in favor • Norway – 47. 5 in favor JEAN MONNET European Module

18. Lessons from the third enlargement negotiations • Enhancing tendency for variable geometry • Acute need for institutional reform “IGC is indispensable to carry out reforms that will allow us to admit new members without risk to them or us” Carlos Westendorp • Danger of revoking existing agreements on claims that enlargement threatens national interests of the old member states JEAN MONNET European Module

19. IGC to be convened as mandated by the TEU Principles • Thorough preparation • Transparency • Public opinion involvement JEAN MONNET European Module

20. Reflection group Composition • Member states representatives • Commission representative (Macelino Oreja) • Two EP representatives following the Corfu Council June 1994 decision “The incursion of supranationalism into an avowedly intergovernmental process reflects the blending of supranationalism and intergovernmentalism throughout the EU system. It also casts doubt on the liberal intergovernmental view of treaty change, which dismisses the importance of supranational actors in shaping large interstate bargains.” Desmond Dinan JEAN MONNET European Module

21. Points of departure for negotiations • EC report • Openness • Legitimacy • Simplification of procedures • Effectiveness of operations • Bringing the EU closer to its citizens • EP report • Revision of the TEU architecture / abolishing the three pillar structure • Extension of the co-decision and assent procedures • Council report • Court of Justice report • Court of Auditors report • Lamers-Schauble paper on flexibility JEAN MONNET European Module

22. Mandate and Procedure • the IGC preparation • forming the agenda • identifying areas for reform • identifying areas of likely agreement • commenting on divergence of positions • June 1995 Messina meeting of Foreign Ministers • Regular meetings • December 1995 Madrid Council report • Improving EU efficiency and accountability • Improving the ability to act internationally • Making EU relevant to the citizens JEAN MONNET European Module

23. Factors of pressure • The Balkans crisis • The Prospect of Eastern Enlargement • Economic recession and divergence of the member states policies • EMU criteria to be met by a small group • Need for flexible Treaty provisions to integrate further on a new basis • Christian Democratic Union / Christian Social Union Group Reflections on European Policy • “The existing hard core of countries oriented to grater integration and closer cooperation must be further strengthened” • Coherence and consistency combined with elasticity and flexibility • Test of commitment to European integration for Britain • Italian – German relations strained further • Major’s Europe a la carte versus the two tier concept JEAN MONNET European Module

24. Key issues • Flexibility • Institutional reform • CFSP reform • Free movement of people JEAN MONNET European Module

25. March 29, 1996, launch of IGC in Turin JEAN MONNET European Module

26. Participants • Commission without a right of veto • EP to be briefed and consulted • Member states – key actors • Germany - Helmut Kohl • France - Chirac + Jospin • The UK - Major to be replace by Blair after May 1997 elections • Three Presidencies • Italian - focused on domestic reform • Irish – preparing the first draft based on “successive approximations” • Dutch – shadowed by the TEU experience JEAN MONNET European Module

27. Enhanced cooperation: Flexibility • To be developed within the EU institutional framework as outlined in Kohl-Chirac letter in December 1996 • To be applied to the EU as a whole for member states wishing to cooperate more closely • To proceed subject to a Council decision with the right of member - states to block the use of flexibility principle JEAN MONNET European Module

28. Common Foreign and Security Policy • CFSP unit for analysis and planning • High Representative authority designation to the Council Secretary General • Introduction of constructive abstentionism • Agreement to the possibility of integration of the WEU into the EU “should the EC so decide” • Inclusion of the peacekeeping, humanitarian, rescue and related operations into the Treaty JEAN MONNET European Module

29. Institutional and decision making reform • Re weighting of votes in the Council and introduction of the double majority principle • Extension of the QMV within the first pillar to research and development policies • Extension of the QMV into visa and asylum policy areas blocked by Kohl • The Commission size and number of commissioners per country • Compromise • Delay till the next enlargement • Limit the number of commissioners to one per member state • Re weight the votes in the Council to compensate for loss of influence in the Commission • EP • Consultation • Co-decision – right of veto by absolute majority of the total membership • Assent • 700 members JEAN MONNET European Module

30. Area of freedom, security and justiceestablishment Free Movement of People brought into the EU framework Immigration and asylum policy transferred to the first pillar • Schengen acquis • a protocol to the Treaty • to be communitized within five years • provision for a European Council unanimous decision to remove internal border controls and establish common procedures for external controls by May 2004 • Irish and British opt out JEAN MONNET European Module

31. Subsidiarity Edinburgh Council subsidiarity protocol incorporated into the Treaty “…decisions must be taken as closely as possible to the citizens. Greater unity can be achieved without excessive centralization. It is for each member state to decide how its powers should be exercised domestically. The Community can only act where member states have given it power to do so in the treaties. Action at the Community level should happen only when proper and necessary…Subsidiarity or nearness is essential if the Community is to develop with the support of its citizens.” JEAN MONNET European Module

32. Transparencyclause “right of access for all citizens of the Union and any natural or legal person residing or having a registered office in a member state” to the EP, Commission and Council of Ministers documents. JEAN MONNET European Module

33. Treaty of Amsterdam signed on October, 2, 1997 Provision for an IGC to be convened at least a year before the EU exceeds 20 members for comprehensive review of institutional and decision making provisions. Came into force on May 1999 after a smooth ratification JEAN MONNET European Module

34. Main failures • Institutional reform • Safeguards on the Flexibility principle clause • Closeness to the citizens– challenge of comprehension • Four parts • Amendments • Simplifications • 13 protocols • 50 declarations “…it is impossible to replace the EU’s founding Treaties with a new, streamlined set of objectives, guiding principles and institutions – however intellectually alluring the prospect would be.” Desmond Dinan JEAN MONNET European Module

35. Annex: Structure of the Treaty The Amsterdam Treaty consists of • three parts • an annex • thirteen protocols The Intergovernmental Conference also adopted • fifty-one declarations, annexed to the Final Act It also noted a further • eight declarations by various Member States, annexed to the Final Act. JEAN MONNET European Module

36. The first part covers the substantive amendments and comprises five articles: • Article 1 contains the amendments made to the Treaty on European Union; • Article 2contains the amendments to the Treaty establishing the European Community; • Article 3contains the amendments to the Treaty establishing the European Coal and Steel Community; • Article 4 contains the amendments to the Treaty establishing the European Atomic Energy Community; • Article 5 contains the amendments to the Act annexed to the Council Decision of 20 September 1976 on the election of representatives to the European Parliament by direct universal suffrage. JEAN MONNET European Module

37. The second part The second part of the Treaty - Articles 6 to 11 • deals with the simplification of the treaties establishing the three European Communities and their annexes and protocols, with a view to deleting lapsed clauses and adapting the text of certain provisions accordingly (Articles 6, 7 and 8). • provides for the repeal of the Convention of 25 March 1957 on certain institutions common to the European Communities and the merger Treaty of 8 April 1965 (Article 9). • clarifies that this simplification exercise does not alter the legal effects of the texts or the acts in force adopted on the basis of them (Article 10). • specifies that the Court of Justice is competent to interpret the provisions of this part of the Treaty (Article 11). JEAN MONNET European Module

38. The third part The third part - Articles 12 to 15 - contains the general and final provisions of the Treaty; • Article 12 relates to the renumbering of the provisions of the Treaty on European Union and the Treaty establishing the European Community; • Article 13 specifies that the Treaty is concluded for an unlimited period; • Article 14 deals with ratification and entry into force; • Article 15 lists the different language versions. JEAN MONNET European Module

39. Annex The annex to the Treaty contains the tables of equivalence for the renumbering of provisions of the Treaty on European Union and the Treaty establishing the European Community. JEAN MONNET European Module

40. 13 protocols: • Protocol on Article 17 (ex Article J.7) of the EU Treaty, dealing with the Western European Union and the progressive framing of a common defence policy; • Protocol integrating the Schengen acquis into the framework of the European Union; • Protocol on the application of certain aspects of Article 14 (ex Article 7a) of the Treaty establishing the European Community to the United Kingdom and to Ireland; • Protocol on the position of the United Kingdom and Ireland in relation to the new Title of the Treaty establishing the European Community on "visas, asylum, immigration and other policies related to free movement of persons"; • Protocol on the position of Denmark in relation to the new Title of the Treaty establishing the European Community on "visas, asylum, immigration and other policies related to free movement of persons" and to certain aspect of the common foreign and security policy; JEAN MONNET European Module

41. Protocols: • Protocol on asylum for nationals of Member States of the European Union; • Protocol on the application of the principles of subsidiarity and proportionality; • Protocol on external relations of the Member States with regard to the crossing of external borders; • Protocol on the system of public broadcasting in the Member States; • Protocol on protection and welfare of animals; • Protocol on the institutions with the prospect of enlargement; • Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Communities and of Europol; • Protocol on the role of national Parliaments in the European Union. JEAN MONNET European Module

42. Lecture 9: Theorizing the new Europe Changing Context of European Integration, the old and new paradigms and theoretical synthesis. • Multi level governance • New institutionalism • Policy networks • Actor based models JEAN MONNET European Module

43. Readings for the lecture • Rosamond Ben. (2000) Theories of European Integration. The European Union Series. Palgrave; chapter 5 • Pierson P. The Path to European Integration: A Historical Institutional Analysis (1996). The European Union. Readings on the Theory and Practice of European Integration, Nelsen B.F. and Alexander C – G. Stubb (eds.), Palgrave, 1998; • Marks G., Hooge L., Blank K. European Integration from the 1980s: State-Centric v. Multi-Level Governance (1996). The European Union. Readings on the Theory and Practice of European Integration, Nelsen B.F. and Alexander C – G. Stubb (eds.), Palgrave, 1998; • Nugent N. Decision-Making in “Developments in the European Union”, edited by Cram L., Dinan D. and Nugent N., Macmillan Press Ltd, 1999. JEAN MONNET European Module

44. Lecture 10: Theorizing the new Europe New (liberal) intergovenmentalism. Two level games, influence of domestic policies. JEAN MONNET European Module

45. Readings for the lecture • Rosamond Ben. (2000) Theories of European Integration. The European Union Series. Palgrave; chapter 6; • Moravcsik A. Negotiating the Single European Act: National Interest and Conventional Statecraft in the European Community (1991). The European Union. Readings on the Theory and Practice of European Integration, Nelsen B.F. and Alexander C – G. Stubb (eds.), Palgrave, 1998; • Hix S. The Study of the European Community: The Challenge to Comparative Politics (1994). The European Union. Readings on the Theory and Practice of European Integration, Nelsen B.F. and Alexander C – G. Stubb (eds.), Palgrave, 1998; • Schimmelfennig F. Liberal Intergovernmentalism (2004) in European Integration Theory. Wiener A. and Diez Th. (eds). Oxford. JEAN MONNET European Module

46. Thank you! JEAN MONNET European Module