Committee on Constitutional Affairs
With eurosceptic political parties on the rise and non-EU countries still looking to join the European Union, what steps should the EU take in order to pursue long-term stability and become a stronger political union?
Submitted by: João Silva (PT) & Sofia Domaratska (UA)
Since its inception, the concept of a European Union has been the subject of intense debate - from Robert Schuman’s call for “concrete achievements that create de facto solidarity”[1] to Margaret Thatcher’s Bruges speech extolling national sovereignty[2], there’s always been a range of visions for the future of Europe. Starting from an economic perspective restricted to Western Europe[3], the EU is now a pan-continental, wide-ranging policy coordination project, consisting of 28 Member-States[4], and realistic ambitions for enlargement[5]. Doubts persist, however, and the (re-)emergence of forces who believe the EU is not an idealistic project, but a dangerous experiment intent on diminishing freedom[6], constitutes a grave threat to the European dream.
Definition of Key terms
-
-
EU legal instruments are the available instruments that EU institutions can use to carry out their tasks (Articles 288, 290 of the Treaty of the Functioning of the European Union);
-
European Union enlargement describes the process of admitting new Member States (MSs) to join the EU. The EU provides focused pre-accession financial and technical aid to the candidate countries to help them introduce the necessary political, economic and institutional reforms, so as to bring them into line with EU standards;
-
European civil society refers to all forms of social action carried out by individuals or groups who are neither connected to, nor managed by, the MSs;
-
Democratic deficit is when citizens feel disconnected from the complex institutions that govern their lives. For example, EU voters might feel that their impact on the EU decisions is minimal and they are unable to change the course of politics and policies;
-
Democratic legitimacy the notion that the legitimate government is the one that is democratically elected and is held accountable by civil society;
-
The principle of subsidiarity is defined in Article 5 of the Treaty on European Union. According to the principle of subsidiarity apart from areas where EU exercises exclusive competence EU can also intervene “when the objectives of an action cannot be sufficiently achieved by the Member States, but can be better achieved at Union level, by reason of the scale and effects of the proposed action’;
-
The principle of proportionality is defined in Article 5 of the Treaty of the European Union. According to the principle of proportionality in order to achieve its aims the EU can take actions that are necessary to fulfill the objective and proportionate in their form and content to it;
-
European Citizens Initiative is an instrument that allows citizens to suggest concrete legal changes in any field where the European Commission has the power to propose legislation, such as the environment, agriculture, energy, transport or trade.
-
The general trend of “an ever closer Union among the peoples of Europe”, stated in the preamble of the Treaty of Rome[7], seemed to be the pattern for the EU in the latter half of the 20th century, as the post-war European powers recognised the need to work together to avoid enveloping the continent in large-scale self-destructive wars[8], and their twilight as powerful global players in a decolonised world stage[9]. This resulted in the development of some of the EU’s most recognisable features - the Single Market; the Euro, a common currency for 19 MSs; its 4 political institutions[10], and several ad hoc agreements extending the EU’s influence beyond its borders through other polities, namely the Council of Europe, the European Economic Area, and the European Space Agency. Other achievements of the EU have included peacebuilding in Europe for 75 years, and fostering the growth and solidification of democracy
However, the Great Recession[12], the European sovereign debt crisis[13], as well as enlargements eastward that left the Union with internally inconsistent expectations, have exposed the vulnerabilities in the EU’s economic and political structures[14] - triggering rising levels of dissatisfaction with the Union in various MSs and a recent increase in the popularity of Eurosceptic forces, both of which were part of the reasons that led to the UK triggering Article 50 of the Lisbon Treaty, starting its withdrawal from the EU[15]. Parallel to this, a number of MSs - most prominently Hungary[16] and Poland[17] - have embarked upon illiberal trends, cracking down on media freedoms, judiciary independence and other democratic norms[18].
Since the Brexit referendum (and with anti-establishment populist movements, such as the French yellow vest movement, on the rise), the EU can be said to have become a project that shrinks and enlarges simultaneously, with five countries’ applications to join the EU having officially been recognised, and several more possibly in the wings[19]. The balance struck between integration and sovereignty is vital for the future of its half-billion inhabitants (and of others who might join in the future), who depend upon it for human rights, economic coordination, international agreements, and much more[20].
Key Conflicts
While some parties and national authorities of EU Member States claim that the transfer of national competences to the European level is increasingly a negative development[21], other countries being on the edge of joining the EU believe that the European integration will boost their economic growth, political stability and democratic participation[22].
Eurosceptics assert that there are no adequate mechanisms to incorporate public opinion into the process of European policy making. Not to mention that a European civil society is still insufficiently developed. For example, the EU has experienced steadily low turnout rates in the European Parliament elections and legislative bodies lack the right of legislative initiative. Moreover national governments, heads of states and ministers exercise legislative power in the EU, whereas they were initially elected or appointed as executives[23].
On the contrary, with the extension of the European Parliament competences during the past decade and the public elections since the 1970s many claim that the EU is moving into the right direction. For instance, since 1 April, 2012 one million citizens can directly call on the European Commission to initiate a law by means of the European Citizens Initiative. Furthermore, in the last European Parliament elections that took place on the 23-26th of May 2019 showed the highest turnout in 20 years (more than 50%).
Stakeholders
The EU’s political institutions are representatives of various levels of European countries’ democracies - the European Council holds the Heads of State or Government of the MSs and provides a broad vision for the Union’s objectives. The European Commission proposes and enforces laws, including the EU budget. It has 28 Commissioners, one for each of the MSs, with the President of the Commission among them. The European Parliament, with 751 Members (or 705 after the UK’s departure), is directly elected by the people of the Member States, and has the power to amend, adopt or reject legislative proposals, along with the Council of the European Union, which is constituted by ministers from national governments[24].
Existing allegations declare that there is a democratic deficit in the EU as the European Parliament is the only directly elected institution in the EU, the Commission being the only institution with the right to propose legislation, and the general lack of public awareness regarding the Union’s legislative action[25].
The relationship between the different EU institutions, with the division of responsibilities in the process of the creation of the EU’s laws and budget, and the bodies that mediate their implementation.
28 Member States are party to the founding treaties of the Union and thereby subject to the privileges and obligations of membership. The member states of the EU are subjected to binding laws in exchange for representation within the common legislative and judicial institutions. They must also contribute to the EU’s budget with a contribution proportional to their respective Gross National Product[26].
Candidate countries - a status dependant on an initial evaluation by the European Commission, and the final attribution of which is of the Council of the EU’s responsibility; this initial assessment is based on the country guaranteeing democracy, rule of law and human rights, a fair market economy and the ability to meet the obligations of EU membership. These countries have entered the 35-chapter of acquis process (the adoption and enforcement of all EU requirements) and may, when negotiations conclude, sign an Accession Treaty that will allow them to join the EU; potential candidates are countries that have been recognised as having a clear prospect of joining the EU, but don’t yet have candidate status.[27]
The European External Action Service (EEAS) is the EU’s diplomatic service, seeking to implement the Union’s stated foreign policy goals[28]; among these, the so-called enlargement agenda is of particular importance, within the framework of the Stabilisation and Association Process, which relates to the Western Balkans region. The EEAS negotiates on behalf of the EU institutions and MSs and is headed by the High Representative of the Union for Foreign Affairs and Security Policy, Federica Mogherini[29]
Existing Measures and Current Legislation
Article 3 of the Treaty of the Functioning of the European Union (TFEU) is a legal ground for the competences of the European Union and the Member States. They are divided into exclusive competences of the EU, shared between the EU and the Member States and supporting competences of the EU towards Member States.
The Copenhagen Criteria and 35 Chapters of the acquis are the conditions required by the applicant country in order to be eligible for EU accession. These are political criteria: stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities; economic criteria: a functioning market economy and the capacity to cope with competition and market forces; administrative and institutional capacity to effectively implement the acquis* and ability to take on the obligations of membership.
White Paper on the Future of Europe document by the European Commission that outlines five possible scenarios for Future of Europe and developments in major policy areas. These include carrying on positive reform agenda (1), only focusing on the single market (2), allowing willing MS to do more in certain areas (3), only focusing on reduced number of areas but work more efficiently (4), or do more together across all policy areas (5).
The Stabilisation and Association Process (SAP) is the European Union's policy towards the Western Balkans, established with the aim of eventual EU membership. The SAP sets out common political and economic goals although progress evaluation is based on countries' own merits.
Association agreement is a legally binding agreement between the EU and third countries. It is one of three special types of international agreements. It is aimed to foster close relationships between the EU and countries on a wide range of topics. The EU has a special agreement procedure with which to adopt association agreements.
Food for thought questions
-
Is the European Union meant to become a political federation or should it be a loose, economically-focused confederation of states?
-
With many neighbouring countries wishing to join the European project, what position should the EU take on the enlargement process?
-
What elements are a vital part of a stable political community? How can they be implemented them in a European context?
Links to further research and materials
Text resources:
Summary of the Treaty of Lisbon in one page
Does Europe suffer from democratic deficit?
YouTube videos:
How democratic is the EU? - quick explanation about 3 things that legitimate political community needs: participation, solving long term problems, identity.
What EU Elections Tell Us About How Europe Feels - Brexit Explained
[1] European Union, (2017), The Schuman Declaration – 9 May 1950
[2] Thatcher, M., (1988), Speech to the College of Europe ("The Bruges Speech")
[3] Nakamura, K., (2016), Encyclopedia Britannica, European Coal and Steel Community
[4] European Union, (2019), The EU in brief
[5] BBC, (2014), EU enlargement: The next seven
[6] Al-Jazeera, (2019), Europe's voters elect new parliament as nationalism mounts
[7] European Council and Council of the European Union, (2017), Ever Closer Union: The Legacy of the Treaties of Rome for Today's Europe 1957-2017 - Online exhibition
[8] BBC, (2015), What is the EU and how does it work?
[9] University of Portsmouth, (2013), European Studies Hub, NATO, the Cold War and the European Union
[10] European Union, (2019), The EU in brief
[11] European Union, (2019), The EU in brief
[12] Weisbrot, M., (2014), Why has Europe's economy done worse than the US?, The Guardian
[13] Boffey, D., (2018), Why Brexit is just a sideshow for an EU beset by problems on all sides, The Guardian
[14] Elliot, L., (2019), The European Union has bigger problems to deal with than Brexit, The Guardian
[15] Rothwell, J., Capurro, D., (2019), What is Article 50? The only explanation you need to read, The Telegraph
[16] Kelemen, R. D., (2019), Hungary’s democracy just got a failing grade, The Washington Post
[17] Forthomme, C., (2017), The collapse of Democracy in Poland: What it Means for Europe, Impakter
[18] Dozier, J., (2016), What exactly is “illiberal democracy”?, Global Risk Insights
[19] European Commission, (2019), Enlargement - Candidate countries and potential candidates
[20] European Commission, (2019), 10 Commission priorities for 2015-19
[21] David Cameron’s letter to Donald Tusk (2015) A new settlement for the UK in the Reformed European Union
[22] Debating Europe: Arguments for and against enlargement
[23] Voter turnout in European Parliament elections: a spatial analysis (2016)
[24] BBC, (2010), How EU institutions work: Overview
[25] The Economist, (2017), How to address the EU’s democratic deficit
[26] European Union, (2019), Countries
[27] European Commission, (2019), Enlargement - Candidate countries and potential candidates
[28] European Union External Action, (2016), About the European External Action Service (EEAS)
[29] European Commission, (2019), High Representative of the Union for Foreign Affairs and Security Policy / Vice-President of the Commission