SG1 Intergration - Integration tutorial PDF

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Integration tutorial...

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2020-2021 LAW OF THE EUROPEAN UNION TUTORIAL ONE: INTEGRATION VS. DESINTEGRATION Aims and Intended Learning Outcomes The aim of the session is to introduce the EU and its main institutions, charting its historical evolution and assessing recent developments. It is important to know the historical facts but also to try to understand why the European Economic Communities were created, why ever more countries wanted to join it over time, and what is it ‘raison d’être’ today; and why the UK appears the odd one out no longer believing in its added value. By the end of this topic, students should be able to:

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Describe the historical evolution of the EU, particular by way of identifying the major Treaty agreements. Describe the key ideological, political and economic factors that have shaped that evolution, and evaluate the significance of highlighted incidents in its history

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Describe and account for the EU’s current constitutional structure

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Understand the structure of the primary Treaties and be aware of certain specific provisions.

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Identify the mean reasons for European integration

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TUTORIAL PREPARATION: Listen to the pre-recorded lectures for this topic. It is recommended that you take notes while watching the videos. Read the relevant chapters in your textbook. Again, it is advised to take notes while you are doing this. The text-book and the pre-recorded lectures may provide a different angle to look at the same reality. This will stimulate your own critical thinking and skills to learn through different sources of information. Try to identify additional elements of information or points of view which are different in the textbook and the prerecorded lectures.

When pre-recorded lectures make use of information that is not in the textbook, such information will always be available in the additional readings for the tutorial. Read all the readings indicated for the tutorial (see below) and prepare the questions. We recommend that, after your tutorial, and with the information you just received during the tutorial, you try to give structure to the material again by linking the information from pre-recorded lectures, reading materials and tutorial discussion.

READING: Textbook: * Sylvia de Mars (2020), EU law in the UK, OUP, Chapters 1 and 2. You can find the textbook on Lawtrove (make sure you are logged in with your Cardiff account): https://www-oxfordlawtrovecom.abc.cardiff.ac.uk/view/10.1093/he/9780198805922.001.0001/he9780198805922 If you use Sylvia de Mars as your textbook, please read also for this tutorial: Paul Craig and Gráinne de Búrca (2020), EU Law, OUP, Chapter 1, p. 22-27, Section 7 (Post-Lisbon) and start of Section 8 (neo-functionalism and intergovernmentalism). https://www.oxfordlawtrove.com/view/10.1093/he/9780198859840.001.0001/he9780198859840-chapter-1

* If you use Paul Craig and Gráinne de Búrca (2020), EU Law, OUP, as textbook, please read Chapters 1 and 3. (NOT chapter 2).

Other compulsory reading for the tutorial Preamble and Articles 1 to 3 of the Treaty on European Union:

https://eur-lex.europa.eu/homepage.html (Make sure you are reading the Treaty on European Union, and not the Treaty on Functioning of the European Union).

David Benson, Viviane Gravey and Andrew Jordan ‘Environmental Policy’, in Michelle Cini and Nieves Pérez-Solórzano Borragán (2019, 6 th ed), European Union Politics, Oxford University Press, p.373-386. Read at least p.373 to 378 (until start of the section ‘Linking different perspectives’). Available online via Lawtrove and our library (make sure you are logged in): https://www-oxfordpoliticstrovecom.abc.cardiff.ac.uk/view/10.1093/hepl/9780198806530.001.0001/hepl9780198806530 Brigid Laffan, ‘The future of the EU’, in Michelle Cini and Nieves Pérez-Solórzano Borragán (2019, 6th ed), European Union Politics, Oxford University Press, p.425435. Available online via Lawtrove and our library (make sure you are logged in): https://www-oxfordpoliticstrovecom.abc.cardiff.ac.uk/view/10.1093/hepl/9780198806530.001.0001/hepl9780198806530 Watch the following videos: Prof. Gráinne de Búrca, Session on the law of the European Union, Academy of European Law, 2-13 July 2012, European University Institute, at Youtube: https://www.youtube.com/watch?v=j9XHoV9--As (Watch the first 40 minutes (at least)). ‘Builders of Europe. Speech by Koen Lenaerts, President of the European Court of Justice’, at Youtube: https://www.youtube.com/watch?v=uMj3ITpU_LY

EUI Interviews, Prof. Koen Lenaerts, President of the European Court of Justice; at Youtube: https://www.youtube.com/watch?v=jv9mphOWDBQ

‘The Brussels Effect; The rise of a regulatory superstate in Europe’, by Prof. Anu Bradfor, at Youtube:

https://www.youtube.com/watch?v=QeFmR3Fkjzw (listen to the first 10 minutes at least. No need to listen to the entire video; we will come back on this in TOPIC 9 of the module).

QUESTIONS:

Know your history: 1. For each decade, from the 1950s onwards, select at least two significant

events in the evolution of the EC/EU and its legal order, and explain the impact of these events. 1950’s European Steel and Coal combine close economic ties so they wouldn’t fight(a policitcal project union, whereas before in Shoman declaration there was an idea of nation states having less meaning, yet officially all done through politics). Treaty of rome creates EEC  6 member state which gives larger remit to cover more economic

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-the institutional framework remains unchanged; -the Treaties are increasingly implemented, not at least thanks to the role of the Court of Justice

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-However, difficult to adopt NEW rules;

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Unanimity requirement in the Council

1960’s European free trade community extended (areas of free trade)

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1965 ‘Empty Chair’ crisis Perception that EEC is not doing much; disinterest;

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Assembly becomes a directly elected EP (agreed in 1976, first election 1979)

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Insecurities about what the project was actually intended for

Hauge Summit to discuss enlargement of EU

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Inspired more people to

CAP launched Free cross boarder trade

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No more taxes and tariffs to be paid between the countries

1970’s / 1980s’s

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1973: UK, Ireland, Denmark join 1981: Greece joins

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1986: Spain and Portugal join

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Why do they join? = UK; poor economic situation ‘the sick man of Europe’ and the advantage of joining (Greece, Spain and Portugal) was said to have influenced the consolidating of democracy.

1979 all EU citezens allowed to vote 

To elect within the European Parliament

Single European Act 1986

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A vehicle for the Single Market Programme – to create a ‘common market’ (removing barriers to trade) by the end 1992, beyond eurosclerosis Avoid deadlock in the Council: QMV

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New policy areas: environment, R&D, economic and social cohesion

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First steps of coordination of monetary policy

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Trade wasn’t flowing freely before this due to different regulations within the individual nations/

How did we get to this change?

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Empty Chair + British no on budget + enlargement A positive narrative on further integration:

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Jacques Delors; common market + social dimension (environment, cohesion)

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>< the ambiguous UK position:

Thatcher; favour of free movement services

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But: ‘I want my money back’; British rebate, Fontainebleau European Council, June 1984

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Resistance on European regulatory and redistributive policy

1990’s Creation of single market The most important Treaty change  from EEC to EU (from market to political union) Why? Spill-over; it is not just about trade:

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From common market  economic and monetary union Common market  common protective rules on environment, social and consumer protection;

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Facilitated by greater use of QMV, more influence of the EP (co-decision procedure)

Treaty of Amsterdam  

Prepared union for arrival of new member state Commission not elected, control induced from elective body for the people over (…… LOOK UP)

2000’s (The Nice Treaty)

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Since the fall of the Iron Curtain, throughout 1990s, nearly all countries of CEE expressed will to join EU Principled decision to accept these countries; but long process of ‘conditionality’. Some old MS worried that ‘widening will be at cost of deepening’, whereas particularly UK keen on enlargement because it would temper deepening.

2004 large extension of members  

10 new countries join the EU Brings number of MS to 25

Treaty of Lisbon 2009 2010’s The ’POST LISBON TREATY CRISIS’ ; “crises Europe”?

Post-Lisbon; no new Treaties  Yet, many new challenges  EU tried to adjust without Treaty change  

Terrorist threat Economic and financial crisis

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The migration crisis (see PP 2 slide 3 for diagram).

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Post-Lisbon; no new Treaties. Yet, many new challenges. EU tried to adjust without Treaty change

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COVID19: Limited EU competence

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EU would not be the place to impose very restrictive measures

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Challenge for free movement/Schengen

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Answer:

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Pooling of scientific expertise; funding research

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A 750 billion recovery fund “Next Generation EU’

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Solidarity

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Conditionality in function of future challenges

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UK leave EU

The ‘raison d’être’ (purpose) of the European Union: 2. Why were the European Economic Communities (EEC) created? Treaty of Rome 1957

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EURATOM + European Economic Community (EEC) Goal ‘to lay the foundations of an ever closer union among the peoples of Europe’

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Establish a common market: customs union (already in BENELUX), + free movement of goods, persons, services and capital.

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To approximate national economic policies

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To develop common policies, most specifically in agriculture and transport

3. Why did the Maastricht Treaty turn the EEC into the European Union? The Maastricht Treaty (formally known as the Treaty on European Union), which was signed on February 7, 1992, created the European Union 

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Maastricht = a leap forward introduction ‘towards an ever closer Union’ amongst the people, accepting that this isn’t purely a political project.

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Introduces more than simply a convention / treaty on some aspects, creates a legal entity.

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The Maastricht Treaty was too much for some, and too little for others.

4. What are the main changes introduced by the Maastricht Treaty?

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Freely moving between member states / free movement of people within the EU’s borders. The elimination of border controls conflicted with some national immigration, asylum, and residency policies and made it difficult to combat crime and to apply national civil codes uniformly, thus creating the need for new Europe-wide policies. For example, national asylum policies that treated thirdcountry nationals differently could not, in practice, endure once people were allowed to move freely across national borders.

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Closer coop between police and judiciary on home affairs

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Paved the way for a single currency

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Radical change in reform of the legislative process. The range of policies subject to qualified majority voting in the Council of Ministers was broadened. The treaty also endowed the Parliament with a limited right of rejection over legislation in most of the areas subject to qualified majority voting, and in a few areas, including citizenship, it was given veto power. The treaty formally incorporated the Court of Auditors, which was created in the 1970s to monitor revenue and expenditures, into the EC.

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As part of the treaty’s second pillar, members undertook to define and implement common foreign and security policies. Members agreed that, where possible, they would adopt common defense policies, which would be implemented through the Western European Union, a security organization that includes many EU members. Joint actions—which were not subject to monitoring or enforcement by the Commission or the ECJ—required unanimity.

Issues surrounding the trreaty: The idea of a ‘political union’, or ‘ever closer union’ was difficult to digest in some countries;

i. Denmark rejected the Treaty in a first referendum(others who were worried about infringements upon their country’s sovereignty)

ii. UK; hardly passed in Parliament(British Prime Minister John Major was forced to call a vote of confidence in order to secure its passage)

iii. Even the French gave a ‘petit oui’ in referendum iv. At the same time, the three pillar structure could hardly be said to offer a proper ‘political union’

5. Read the Preamble and Articles 1 to 3 of the Treaty on European Union: what are the principles and objectives of the EU as defined in Articles 2 and 3 TEU? ART 2 : Article 2 states that the EU is "founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities". The member states share a "society in which pluralism, nondiscrimination, tolerance, justice, solidarity and equality between women and men prevail". ART 3: Article 3 then states the aims of the EU in six points. The first is simply to promote peace, European values and its citizens' well-being. The second relates to free movement with external border controls in place. Point 3 deals with the internal market.

Article 1 TEU refers to ‘the process of creating an ever closer union’. What does this mean? Is that the ultimate goal of European integration?  

There is no agreement on this broad unclear question Firstly, it was about using the economy to bring about peace and prosperity which were the main objectives set within.

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Could still be considered as being an ongoing objective that we persevere with.

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Evolution has proven that this isn’t the case in terms of peace and prosperity as a reality.

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If anything, sovereignty of states has singly become stronger

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Clearly are some states that want MORE integration, and others such as the UK found that there was TOO much and left the EU in respect for their own sovereignty instead

Listen to the video of the speech (‘builders of Europe’) by Prof. Koen Lenaerts, President of the Court of Justice of the EU. Is the EU a State? Does it aim to be a state? So what does it mean to commit to European integration?  

Clearly says EU isn’t a state and doesn’t want to be /aim to (no const /central gov) Is a plurarity of people of nations / diff nationalities, no unfirom state as they are distinct but are united through EU

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Is a state of mind

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‘United in diversity’

And what is, according to Lenaerts, the role of the Court of Justice in this process? (see video of interview at the EUI). To check law is being set out in an appropriate manner and that all member states are complying appropriately. 6. European environmental law and policy is a good illustration of how the EU has evolved. Read Benson, Gravey and Jordan (2020), p.373-380, and answer the following questions:

a. What were the key Treaty changes for the development of the EU’s environmental policy? The primary reason at that time for the introduction of a common environmental policy was the concern that diverse environmental standards could result in trade barriers and competitive distortions in the Common Market. Different national standards for particular products, such as limitations on vehicle emissions for the lead content of petrol, posed significant barriers to the free trade of these products within the Economic Community (EC). An additional motivation driving the EU's emerging environmental policy was the increasing international politicisation of environmental problems and the growing realisation from the beginning of the 1970s that environmental pollution did not stop at national borders, but had to be addressed by cross-border measure

b. What is the role of each of the main EU Institutions in environmental policy? Environmental management

Prevention (preventing problems is cheaper and fairer than paying to remedy them afterwards) Action at source (using the best available technology to minimize polluting emissions) Integrated pollution control (ensuring that, for example, attempts to remedy water pollution are no transformed into air or land pollution problems)

Specification of environmental standards

Resource conservation (environmental protection as a goal in its own right)

High level of protection (aiming for the highest level of protection possible) Precaution (acting to protect the environment even when cause–effect relationships are not fully understood) Allocation of authority

Appropriate level of action (acting at the ‘right’ level) Subsidiarity (only acting at EU level when problems cannot be tackled at national level)

Policy integration

Polluter pays (the polluter, rather than society as a whole, should pay to address problems) Environmental policy integration (integrating an environmental dimension into the development of new sectoral policies such as agriculture and transport)

c. Check also on the concept of ‘regulatory competition’ in the text (p.378): (DIDN’T DO THIS QUESTION AND DID NOT GO OVER THIS)

i. If you are a company that exports to several EU countries, or you have the capacity to decide in which country you produce (most of) your goods; would you prefer a Europe with many different national environmental rules, or rather a European Union setting common standards of environmental protection for the entire EU?

ii. If you are an environmental organization, would you rather have common European environmental rules, or a diversity of national rules?

iii. As environmental challenges, and climate change in particular, have a global dimension, and one would need to seek at the international level agreement with all big world powers, do you think it is best for the EU to speak with one voice on the international scene, or is it better that all its countries (whether Germany or Malta) try to play an international role on their own? How does the fact that the EU has one single market affects its strength in international negotiations?

d. Would you call EU environmental policy a good example of neo-functionalist spill-over?

7. Why did the countries of Central and Eastern Europe want to join the European Union after the fall of the Iron Curtain? How did the European Union respond to that? How did this translate in Treaty change? NICE TREATY  Since the fall of the Iron Curtain, throughout 1990s, nearly all countries ...