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Samenvatting European Justice
- Établissement
- Universiteit Gent (UGent)
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European and Internationaljustice. Home Affairs and
Security Policy
European Union
1. Origin and historical development
= The result of a combination of different cooperation mechanisms, both
intergovernmental and supranational in nature.
Intergovernmental cooperation= a form of cooperation between
governments.
- Decision-making power is vested in bodies composed of
governmental representatives.
- Given the importance of retaining national sovereignty, international
agreements are usually a reflection of unanimously accepted
agreements.
- Some intergovernmental organizations may still be equipped with
either parliamentary assemblies or expert committees --> there
function will be merely advisory.
- Disadvantage: because all the decisions must be endorsed by all
participating states, intergovernmental cooperation has little other
means of forcing these decisions, other than through political
pressure
Supranational cooperation = decisions may be adopted following a
majority vote and thus do not need the acceptance of all participating
states. Therefore, these organizations are far less dependent upon the
goodwill of the participating states. Additionally, their bodies are
independent, and their decision-making process is one of qualified
majority voting, rather than unanimity. Supranational cooperation requires
participating states to give up part of their sovereignty.
Three major phases:
① The first phase: 3 supranational European Communities, as well as
intergovernmental cooperation within the framework of European
Political Cooperation.
② The second phase: not only the structuring of different tracks of
integration but also further development thereof within the so-called
pillar structure. The structure maintained the distinction between
supranational and intergovernmental cooperation.
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,③ The third phase: the reshaping of the EU towards its current form.
The EU has now abandoned the pillar structure.
1) Phase one: European communities and European Political
Cooperation
= Comprises three supranational European Communities, as well as
intergovernmental cooperation within the framework of European Political
Cooperation
These supranational Communities can be explained as being a
counter reaction against the weak intergovernmental nature of the
Council of Europe
When the Council of Europe was founded in the post-war setting of 1949,
discord (onenigheid) emerged as to the nature of this new organization.
Due to its intergovernmental nature, they feared that the Council of
Europe would never be strong enough to address issues related to
warfare. This explains why a number of European leaders wished to tackle
the two major industries involved in arms production, namely coal and
steel, by controlling these industries using a supranational structure.
This leads to the set-up of the first supranational European Community,
namely the European Coal and Steel Community. In the following years
two more communities were founded: European Economic Community &
European Atomic Energy Community.
European Coal and Steel Community – 1951 – ECSC (1)
- The decision to control the coal and steel industries in a
supranational manner was not an entirely unexpected one.
Accepting the common control of these industries, the states would
go beyond the intergovernmental deliberations in which the Council
of Europe had thus far engaged.
- The French government in particular was not pleased with the
intergovernmental nature of the Council of Europe and thus the
prevailing absence of forceful and decisive measures, which could
be relied upon to prevent a second revival of the German war threat.
- The general commissioner of the plan and the French minister of
Foreign Affairs called upon (West) Germany and the other European
states to accept a common supranational control of these two wars
industries.
- Not only would this mean an important step towards permanent
peace between the states of Western Europe, but even more, the
supranational cooperation would simultaneously strengthen the
power of the Western European states vis-à-vis (tegenover) the
Soviet Union’s expansionism in Central and Eastern Europe
2
, - The six Western European states (Paris, Belgium, the Netherlands,
Luxemburg, Germany, France & Italy) agreed to give up the control
over these two traditional war industries to an independent,
supranational body = ‘High Authority’
High Authority= an independent executive body, responsible for
monitoring the progress towards achieving the treaty’s objectives and
acting in the Community’s general interest.
In addition to the High Authority, a Common Assembly was installed. Paul-
Henri Spaak became the “Common assembly’s” first president, later it
became the European Parliament.
European Economic Community – 1957 – EEC (2)
- The creation of the EEC went hand in hand with the creation of the
EAEC (Euratom). It was the first example of what would later be
considered the driving engine of the European Union: a deal struck
between France and Germany. The Germans were in favour of a
European Economic Community, while the France pleaded for the
creation of Euratom.
- The Spaak report served as a foundation for the Treaty establishing
the EEC treaty.
- Introducing a common market (common customs tariff and a
common trade policy)
o Free movement of goods, persons, services and capital
- The treaty determined that Member States would coordinate their
economic policies.
1984 European Single Act: internal market by 1992, i.e., area without
internal borders in which the free movement of goods, capital, services
and persons is guaranteed.
European Atomic Energy Community – 1957 – EURATOM (3)
- Euratom Treaty (signed at the same time as the EEC Treaty)
- Aimed to establish the conditions needed for a rapid development of
the atomic energy industry.
- A common market was set up for nuclear energy as well.
Merger treaty
- Aimed at uniting the three separate communities under one,
common overarching structure. Under the name ‘the European
communities’
European Political Cooperation
3
, The choice for supranational cooperation was never self-evident. Certain
policy areas are too sensitive to adopt supranational forms of cooperation.
This is why an intergovernmental track of integration was developed.
This intergovernmental track was called “European Political Cooperation”.
The idea came about within the framework of the so-called “European
Council”, the meeting of the heads of state and governmental.
Although the European Council as a formal structure was only officially set
up with the single European act in 1986, the heads of state and
government of all Member states had been regularly organizing meetings
since 1961. They meet three times a year and include the ministers of
foreign affairs the European Union.
The European Political Cooperation (EPC) was used to discuss aspects of
the common foreign policy and international cooperation in justice and
home affairs and matters.
Common foreign policy (1)
Was the first policy area within the framework of European Political
Cooperation on which Member States agreed to act in a coordinated
fashion. The decision was based on the Davignon Report on 27 October
1970, which stipulated the need for a mechanism which would allow more
common vision towards international affairs.
The European Communities decided to organize semi-annual meetings of
their ministers of Foreign Affairs, where a member of the Commission
could additionally be invited. These meetings allowed Member States
regularly to consult one another and exchange information, which would in
turn give way to a more common vision on relevant issues in international
politics. This also provided an opportunity for cooperation between
Member States, allowing them to set forth a common stance on certain
topics, which then allowed for their common voice to have greater
bearing.
International cooperation in justice and home affairs (2)
Second policy area
4 justice and home affairs matters: customs, police, justice, asylum,
immigration & external border issues. These policy areas where later
integrated into the framework of the European Union.
Customs
1967: The Mutual Assistance Group (MAG) was founded. They would
provide mutual assistance in customs administration = the Naples I
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