Midterm Review (Pol 461)

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Table 5:

Economic requirements for a state to become part of the EU?

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1) Must be able to be part of a free market

2) Growth & Stability Pact:

Must have public debt < 60% of state's GDP; Must have deficit < 3% of state's GDP

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7 enlargements of the EU form what is called...

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The Eurozone

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Total number of member states in the EU and candidates

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28 member states + 5 candidates

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5 candidate states wanting to join the EU

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Turkey, Macedonia, Iceland, Montenegro, Serbia (T-MIMS)

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5 main bodies of the EU

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European Council

Council of Ministers

European Commission

European Parliament

Court of Justice of the E.U.

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Risks of a continuous enlargement of the EU?

Linguistic issues

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Minority languages continue to be difficult to translate between using Pivot Languages (French, German, English)

28 states, 24 different languages makes it harder to get things done due to linguistic issues

40,000 people speak minority languages, translators are already a huge cost in the budget of EU ~ 1 billion Euros/year

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Risks of a continuous enlargement of the EU?

Economic problems

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1) Loss of a true free trade market; It's difficult for states to stop subsidizing national companies

2) Mistrust of goods and services coming from disadvantaged eastern states; worry that workers will come flocking for work, screwing up unemployment. States use the 7 year delay process to save specific sectors of their economy. When UK and Ireland allowed everyone to enter in 2004, Irish lost jobs and there was a shortage of labor in Poland b/c too many workers left to work in Western Europe.

3) EU would have to dedicate more money to disadvantaged states, less money to true European countries

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7 year delay process

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States can refuse entry of workers from disadvantaged states for a maximum of 7 years

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Risks of a continuous enlargement of the EU?

Political and Security problems

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1) Difficult to make decisions b/c of differing interests politically, geographically, and economically. More difficult to solve foreign affairs.

2) Addition of Turkey allows entrance to Europe from Middle East which is bad, but addition of Turkey would be a good source of checking on states like Iraq and Afghanistan.

3) Agricultural problem: Turkey would replace France as agricultural powerhouse in the EU

4) Harder to fight corruption, crime and terrorism

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A Progressive Enlargement of the EU:

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6 founder states (1957): Belgium, France, Germany, Italy, Luxembourg, Netherlands

+ 7 enlargements (1973, 1981, 1986, 1995, 2004, 2007, 2013)

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Table 4:

1950- Schuman declaration

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proposed the creation of the ECSC with the intention to pool steel and coal production with main goal to make war b/w France and Germany impossible after WWII.

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Paris Treaty - 1951

1st treaty

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Formally establishes the European Coal and Steel Community and its institutions:

High Authority --> European Commission

Council of Ministers

Common Assembly --> European Parliament

European Court of Justice

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Rome Treaty - 1957

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Establishes the European Economic Community and the European Atomic Energy Community. (EEC becomes Euro. Community by Maastricht Treaty)

Intention of EEC: Push for free movement of all goods, capital, and people for all 6 states. Wants to launch Europe's economies and become self-sufficient. EEC establishes the European Commission

Intention of Euro. Atomic Energy Community: developing a special market for nuclear power in Europe. Protects against nuclear attack within Europe.

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Treaty of Brussels/Merger Treaty (not as important):

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Combines bodies of EEC, ECSC, and EAEC into the European Communities

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Luxemburg Treaty/ Single European Act - 1986

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1) first revision of the treaty of Rome

Intention: to set a deadline for creating a single market within the European Community by 1992. Remove barriers and increase harmony and competitiveness among its countries.

Outcome: reformed legislative process --> cooperation procedure, extension of Qualified Majority voting to new areas.

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The Maastricht Treaty - 1992

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Three pillars:

1) supranational pillar- European Communities now includes: ECSC, EAEC, & Euro. Community

2) Creation of Common Foreign and Security Policy: security, defense, diplomacy, external relations, funding to other states.

3) Creation of Cooperative Justice Home Affairs: cross-border issues, ensures free movement of citizens, guarantee's rights, asylum and immigration matters, justice, freedom and security.

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Maastricht treaty eventually leads to?

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1) Codecision Principle- Committee of Ministers and EP must codecide on matters; gives more power to the European Parliament

2) European citizenship

3) The Euro

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The Amsterdam Treaty - 1997

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Amends parts of Maastricht Treaty

Intention: Put greater emphasis on citizenship and rights of the individual

1) most legislation adopted by codecision procedure - extended to 2/3

2) Makes reinforced cooperation possible between a certain number of states.

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The Nice Treaty - 2001

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1) reforms the institutional structure of the EU to withstand eastward expansion

2) enlarges # of seats in European Parliament to 732.

3) Makes co-decision the regular process

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Summary of Treaties:

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Treaty of Paris- sets up the ECSC after WWII.

Treaty of Rome- sets up the EEC and the EAEC; expands to general economic cooperation.

Single European Act- extension of qualified majority voting in place of unanimity vote, creation of cooperation procedures

Maastricht Treaty- sets up the EU, adds monetary and political aspects, establishes co-decision procedure

Treaty of Amsterdam- increased use of the co-decision voting procedure

Treaty of Nice- redefines the voting system in the council

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Treaty of Lisbon - 2007

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Amends Maastricht & Rome Treaties

1) unanimity vote changed to qualified majority voting in 45 areas

2) change in calculating a majority to a double majority

3) Forms a bicameral legislature w/ CoM under ordinary revision procedure

4) Makes the EU's bill of rights, the "Charter of Fundamental Rights" legally binding.

5) Gives states the right to leave the EU.

6) Makes co-decision the regular process used by the legislative bodies (must codecide on 90% of topics now)

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2 things every treaty made has accomplished?

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1) Given more power to the weakest body, the European Parliament (formerly Common Assembly)

2) Given more power to Europe

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Why does Great Britain not want to be part of EU?

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UK does not want to lose powers, they already have their own currency, and you cannot move freely to the UK from other European countries because the UK is an island.

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EU is a political, monetary, and economical union...

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1) Based on an open economy

2) Political cooperation between the states

3) Having a collective European law

4) States have accepted to transfer certain parts of their sovereignty and power to the EU.

5) More than a confederation & not a state either. EU is an International organization

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Ways to amend and adjust the Treaties; Two situations to increase/decrease the competences of the E.U.:

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1) The ordinary revision procedure (classical way) - A conference or convention, the document is signed and ratified by all countries. Takes 2-3 years. Decreases the competences of the E.U. by forcing them to slow down legislation process.

3 requirements: must consult different bodies of EU, must organize a conference/convention to amend the treaty, document must be signed by all presidents/PMs and ratified.

2) Intergovernmental Agreements (alternative way) - simple contract between states or certain # of states who accept the agreement and the agreement is enforced. Contract must be ratified, but don't have to organize a conference. Faster/more efficient than ORP. Increases competences of the E.U. by speeding up legislative process.

Best example: Luxembourg compromise

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Simplifying the EU's functioning, decision making & legislative process

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1) Simplified procedure #1 - removes the need to organize a conference/convention to amend the treaty, the EU will decide by itself and states PMs will sign and ratify treaty.

2) Bridge clause - allows qualified majority instead of unanimity in the Council of Ministers & allows for Co-decision in the Euro. Parliament instead of congruent opinion or cooperation procedures ; speeds up process

3) Flexibility Clause: Treaties are flexible enough for the EU to do a certain number of things without officially having to amend the treaties to be able to do these things.

4) Reinforced Cooperations: Certain number of states can pass a regulation that will only be applicable to themselves, only possible if 9 states or more want to do this. A way for states to pass legislation even if other states don't want to do something.

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European Parliament is more powerful due to two main reasons:

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1) Since 1979, the EP is the only body directly elected by Europeans, being elected by the people gives them more power.

2) EP has been given more power in the decision making process starting with the Single European Act --> EP given Cooperation Procedure and Congruent Opinion procedure. Parliament is given co-decision procedure w/ Maastricht Treaty in 1992.

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Table 5:

Is the EU a federal state?

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No, not yet.

Resemblence:

1) The EU resembles a federal construction with independent bodies like in a federal state, 2) decisions are not taken unanimously but by qualified majority

3) Law of the EU supersedes national law (supreme courts)

Requirements of a state:

1) Boundaries, Population, Independent Government. EU does not have an independent government, States have accepted to transfer some power to the EU, but the EU cannot take power from the states.

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Van Gend vs. Loos case - 1963

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Communities establish a new legal order in international law in which states have accepted to limit on restricted areas their sovereign rights. The subjects of this new legal order are the member states and their people.

Conclusion: Court of Justice decides EU is a federation of nation states, meaning its a kind of federal thing consisting of independent states in which states have given up sovereignty.

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EU is represented by five symbols of Europe:

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1) Flag (1955) : 12 gold stars, number of perfection.

2) Euro (1999-2002): currency of 19 states

3) Motto: In Varietate Concordia - Unity in Diversity.

4) Day of Europe - May 9th (day of Schuman dec.)

5) Anthem - Ode to Joy

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Enlargement of the EU:

Main reason for joining the EU?

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1) Hope it will be good for the economy.

2) Part of a club of good democratic states

3) Smaller states can participate in world politics unlike before.

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Enlargement of the EU:

Accession Process (application process by a state wishing to join the EU)

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1) State send application to Council of Ministers.

2) CoM informs EP & national parliaments of member states, asks for their opinions.

3) Commissioner to the Enlargement gives his opinion.

4) On basis of commissioner's opinion, European Council will say unanimously whether they accept the state as a candidate.

5) If yes, there is a long period of negotiations between the candidate and Euro. Commission. Commission must decide on 35 chapters, & during this period, the candidate state receives money from the EU, called pre-accession aid

6) Commission gives its opinion after negotiates & Council of Ministers and EP must both say "yes".

7) Accession Treaty signed b/w candidate and the EU and is ratified by all states

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Economic requirements of a candidate state to pass the Accession process & become part of the EU:

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1) Able to accept free market competition; may have to change regulations/infrastructures

2) Must have free economy, no communism

3) Must accept the Growth and Stability pact

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Political requirements of a candidate state to pass the Accession process & become part of the EU:

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1) Must be a democratic state

2) Must be stable.

3) Must respect human rights, gender equality, & minorities.

4) Judicial system must be independent and work properly.

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Institutional requirements of a candidate state to pass Accession process & become part of the EU:

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1) State wanting to join EU must be able to take over all existing rules of the EU - takes time for state to accept over 1000 pages of laws

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Which states can potentially one day join the EU?

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Present candidates: Turkey, Iceland, Macedonia, Montenegro, Serbia (TIMMS)

Potential future candidates: Albania, Bosnia, Kosovo

Unresolved: Azerbaijan, Armenia, Belarus, Georgia

EU has refused: Morocco (should be able to join if EU accepts Turkey), Ukraine (didn't want to displease Russia)

States that have refused to join EU: Norway (refused twice), Switzerland

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Why is Turkey's accession an issue?

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1) Accepting Turkey into the EU would raise political problems as far as maintaining democratic alliances.

2) Turkey refuses to recognize Cyprus as an independent state b/c Turkey occupies Northern right part of Cyprus.

3) Human Rights issues- Turkey doesn't believe in gender equality.

4) Borders of Turkey stretch the geographical definition of Europe.

5) If Turkey joined EU, 25% of EU's budget would go to Turkey.

6) Situation b/w Greece & Turkey is not pretty

7) Turkey borders w/ Iraq, Iran, & Syria

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Table 6 Acronyms:

The 4 Common Policies

AFTT: All Fish Tickle Titties

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Common Agricultural Policy

Common Fisheries Policy

Common Transportation Policy

Common Trade Policy

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The 4 Freedoms guaranteed by the EU:

GPSC: Godly Pierre Serves Candy (this happened in class)

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Free movement of Goods: the principle, the safeguard clause

Free movement of People: the Schengen agreements, the safeguard clause

Free movement of Services: right to work/study, the Bosman case (soccer, 1995)

Free movement of Capital:

1972 - the "currency snake"

1978 - the European Monetary System

1992 - The Euro

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Other European economic organizations:

EFTA - SNLI

EEA!! - NLI

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European Free Trade Association (1960)- SNLI

A free exchange zone b/w 28 member states and

Switzerland, Norway, Liechtenstein, Iceland

European Economic Area: An interregional cooperation organization; EFTA states that join the EEA are able to participate in the EU's single internal market without being EU members. They adopt by the same legislation as the EU except in matters of fisheries and agriculture.

Norway, Liechtenstein, and Iceland

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The Free Competition Principle has 4 Goals the EU wants to control:

SACC

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1) State aid

2) Abuse of commanding position

3) Collusions among companies

4) Company Mergers

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Acronyms for Table 7:

Areas of Competence of the EU; In which matters do the 28 member states or EU have Legal say? MSN

I. Main - Every Snail Snisters (ESS)

II. Special

III. National

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I. Main Competences - Exclusive, Shared, Supporting

II. Special Competences

ex. coordination of economic policies and employment, C.F.S.P., Flexibility clause

III. National Competences

ex. national citizenship, housing, welfare state, health services, hospitals, corporate tax rates and any policy that requires large commitments of public money

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Sources of European Law: W & Un

WL: Only Dentists Eat Oysters (ODEO)

UL:

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Written Law: 3 types

1) The Original Law

-the treaties

2) The Derived law :

-regulations

-directives

-decisions

-recommendations

3) External Obligations

-Association agreements

-Cooperation agreements

-Trade Agreements

Unwritten Law - 1 type

-the general principles of law, agreements between member states

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Derived Law:

Four main kinds of legal acts produced by the EU's bodies? RDRD

Ricky Doesn't Drink Recklessly

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Ricky Doesn't Drink Recklessly

Regulations,

Directives,

Decisions

Recommendations

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External Obligations: 3 types of agreements

Always Ask Corey About Tits and Ass (AACATA)

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3 types of external obligations:

Association Agreements

Cooperation Agreements

Trade Agreements

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New range of measures to avoid future "Eurocrisis"

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1) New rules

2) Reinforcement of the Growth and Stability Pact & founding of the European Budgetary Pact in 2012

3) Austerity measures imposed on people