Unit 5 The European Union: History and Institutions

Transcription

1 Unit 5 The European Union: History and Institutions 5.1 The founding fathers of the European Union The European Union (EU) is a union of twenty-eight states founded to enhance political, economic and social co-operation. It is a pact between sovereign nations which have resolved to share a common destiny and to pool an increasing share of their sovereignty. The following visionary leaders inspired the creation of the European Union we live in today. Jean Monnet was a French tradesman and later diplomat born in 1888 in Cognac. In 1946 he became Head of the Planning Commissariat (Commissariat Général du Plan) in charge of post-war reconstruction. He prepared the Schuman Declaration (1950) and became the first President of the High Authority of the European Coal and Steel Community (the predecessor of the European Community). In 1955, Monnet founded the Action Committee for the United States of Europe, which was influential in subsequent steps towards integration, such as the creation of the European Council. Robert Schuman [ʃu man] was a French statesman born in 1886 in Luxembourg. As Foreign minister he was a key figure in building post-war Europe. On 9 May 1950,

2 the Schuman Declaration proposed to place French and German production of coal and steel under one common High Authority open to the participation of Western European countries. This cooperation was to be designed in such a way as to create common interests between European countries which would lead to gradual political integration, a condition for the pacification of relations between them: Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements which first create a de facto solidarity. The coming together of the nations of Europe requires the elimination of the age-old opposition of France and Germany. Alcide De Gasperi was an Italian statesman born in 1881 as a subject of the Austro- Hungarian Empire. He was one the founders of the Christian Democracy party. From 1945 to 1953 he was the Prime Minister of eight successive coalition governments. His eight-year term in office remains a landmark of political longevity for a leader in modern Italian politics. He helped organize the Council of Europe and supported the Schuman Plan and, together with the French Government, the project of a European Defence Comunity and of a European Political Community which eventually failed due to the lack of support in the French National Assembly in Konrad Adenauer, born in 1876 was mayor of Cologne from 1917 to 1933 and was imprisoned by the Nazi-regime. After World-War II he devoted himself to building a new political party, the Christian Democratic Union (CDU), embraced both Protestants and Roman Catholics in a single party and won the first election of the Bundestag in He was the first post-war Chancellor of the Federal Republic of Germany, from 1949 to He supported European integration in close cooperation with France and signed the Franco-German Elysée Treaty on January 22, Sir Winston Churchill was a British politician and the Prime Minister of the United Kingdom from 1940 to 1945 and again from 1951 to Widely regarded as one of the greatest wartime leaders of the 20th century, Churchill was also an officer in the British Army, a historian, a writer, and an painter. In a famous speech delivered at the University of Zurich on 19 September 1946 he advocated the creation of United States of Europe.

3 Answer the following questions: 1) Find a synonym for pool (in sovereign nations have resolved to pool an increasing share of their sovereignty ). 2) Substitute instrumental with a suitable adjective: He was instrumental in building post-war Europe. 3) Why is the Schumann Declaration important for the birth of Europe? 4) Find a synonym for landmark in a landmark of political longevity. 5) Find a synonym for forged in forged close relations. FOCUS ON GRAMMAR: -ing forms In addition to using ing forms after certain verbs (see Murphy, units 52-59), in English we always use ing forms after prepositions: ex. He was instrumental in building post-war Europe. This Commission is committed to making a difference and to doing things differently (to here is a preposition) -ing forms are also used to obtain abstract nouns:

4 ex. The Monnet Plan included taking control of the German coalproducing areas. - ing forms can be used to substitute defining relative clauses. Compare the following sentences: a) The Maastricht Treaty created a European Union consisting of three pillars. b) The Maastricht Treaty created a European Union that consisted of three pillars. Exercise Analyze the ing forms in section 5.2.

5 5.2 EU Treaties The ground rules of the European Union are set out in a series of treaties. By signing a treaty, a state expresses the intention to comply with the treaty. However, this expression of intent in itself is not binding. Once the treaty has been signed, each state will deal with it according to its own national procedures. In most countries, parliamentary approval is required. After approval has been granted under a state s own internal procedures, it will notify the other parties that they consent to be bound by the treaty. This is called ratification. Once ratified by a sufficient number of States the treaty enters into force and is officially binding on the state. We will now focus on some of the most important EU treaties. Treaty of Paris (signed 1951 entered into force 1952) The treaty was signed by six countries (Belgium, France, West Germany, Italy, Luxembourg, and the Netherlands) and established the European Coal and Steel Community (ECSC). The purpose was to create interdependence in coal and steel so that one country could no longer mobilize its armed forces without others knowing. This eased distrust and tensions after WWII. The ECSC treaty expired in The ECSC treaty established the main institutions of the present day European Union: High Authority (now Commission), Council of Ministers (now Council), Parliamentary assembly (now European Parliament) and Court of Justice. The ECSC treaty expired in 2002 and since then the European coal and steel market is ruled by the common internal market rules. Rome Treaties (signed 1957 entered into force 1958) The six member states of the ECSC signed two new treaties on 27 march 1957, creating a European Economic Community (EEC) and a European Atomic Energy Community (Euratom). The EEC treaty established a Common market, common policies in the fields of transport, agriculture and social policy. The EEC Treaty has been amended and renamed on several occasions, the most important of which were: - the 1993 Treaty of Maastricht on European Union, renaming it Treaty establishing the European Community or EC Treaty; - the Treaty of Lisbon, replacing the EC Treaty with the Treaty on the Functioning of the European Union or TFEU Treaty.

6 The Euratom treaty created a common policy for the production of nuclear energy for civil purposes. The Euratom treaty is still in force. Treaty on European Union [Maastricht Treaty] (signed 1992 entered into force 1993) It is a major EU milestone, setting clear rules for the future single currency as well as for foreign and security policy and closer cooperation in justice and home affairs. The Treaty introduced the concept of European citizenship, reinforced the powers of the European Parliament giving it a key role in the legislative process and launched the economic and monetary union (EMU). Moreover, it created a European Union consisting of three pillars: the European Communities (EEC which was renamed European Community, without the adjective economic, in order to stress the dimension of political integration Euratom and ECSC), Common Foreign and Security Policy (CFSP), and police and judicial cooperation in criminal matters (JHA). This structure was eventually abandoned with the entry into force of the Treaty of Lisbon, when the EU succeeded to the EC as a single organisation. Treaty of Lisbon (signed 2007 entered into force 2009) The Treaty of Lisbon was designed to make the EU more democratic, efficient and transparent, and thereby able to tackle global challenges such as climate change, security and sustainable development. The Lisbon Treaty further enlarged the powers of the European Parliament, which has been directly elected by EU citizens since 1979 and started to acquire legislative power with the Treaty of Maastricht. The Lisbon Treaty has transformed the European Council which previously was a meeting at the level of heads of state or government into a formal institution of the Union with a permanent president and has established a new High Representative for Foreign Affairs. The Lisbon Treaty has also rendered the Charter of Fundamental Rights binding for EU institutions and Member States. Answer the following questions: 1) What does set out at the beginning of the first paragraph mean? 2) What is the difference between signing a treaty and ratifying a treaty?

7 3) What was the political function of the Treaty of Paris? 4) Is the Treaty of Lisbon the EU Constitution? 5) What was the main goal of the Treaty of Lisbon?

8 KEY WORDS treaty /ˈtriːtɪ/ binding agreement between/among countries bill of rights /bɪləvraɪts/ a formal declaration of the legal and civil rights of the citizens of any state, country, federation, etc. ombudsman /ˈɒmbʊdzmən/ a person (such as government official) who investigates complaints and tries to deal with problems fairly supranational /ˌsuːprəˈnæʃənl/ involving more than one country FOCUS ON LEXIS: EXPANDING YOUR LEXICAL KNOWLDEGE 1) Find the difference in meaning between agree with, agree on and agree to. 2) Note that the verb subscribe is used with the preposition to to mean agree with. How does the equivalent verb function in your native language? 3) Look up the pronunciation of access.

9 5.3 Charter of fundamental rights of the EU Not to be confused with the European Convention on Human Rights (ECHR) signed in Rome in 1950, the Charter of Fundamental Rights of the European Union contains a list of human rights recognised by the European Union (EU) that are legally binding to EU institutions as well as to its Member States when they apply EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December The Charter has become a powerful tool to protect citizens when EU law and policies are applied. Individuals can use judicial and political mechanisms to hold EU institutions to account when they fail to comply with EU citizens rights. The Charter can also be used to pressure decision makers to bring policies and legislation under development in line with human rights standards. This document deals with substantive rights such as dignity, freedoms, equality, solidarity, citizens' rights and justice. Nevertheless, the Annual Report on the application of the Charter shows that the document is frequently misunderstood by EU citizens, and a recent survey by the European Ombudsman found that 72% of Europeans do not feel well informed about the Charter. Answer the following questions: 1) Does the Charter of Fundamental Rights of the European Union have legal effect? 2) How can you use the Charter to defend you rights? 3) Rephrase the following sentence: The Charter can be used to hold EU institutions to account when they fail to comply with the Charter.

10 4) Had you ever heard about the Charter before? On what occasion? 5.4 Policymaking in the European Union Policymaking in the European Union (EU) takes place across six institutions: the European Parliament the European Council the Council of the European Union the European Commission the European Court of Justice the European Central Bank With the Lisbon Treaty, the ordinary legislative procedure which brings together Council, Parliament and Commission has become the standard way of decision-making. The European Commission s main functions are to propose and implement community policies adopted by the Council and the Parliament and to oversee the application of Union law and policies in Member States. Before the Commission proposes new initiatives it assesses the potential economic, social and environmental consequences that they may have. It does this by preparing 'Impact assessments' which set out the advantages and disadvantages of possible policy options. Citizens, businesses and organisations can participate in the consultation procedure via the website Public consultations ( The Commission acts in the general interest of the Union with complete independence from national governments. It is the guardian of the Treaties and oversees the application of Union law under the control of the Court of Justice of the European Union. It executes the budget and manages the programmes.

11 The European Council is composed of the Heads of State or Government of the Member States, as well as its permanent President and the President of the European Commission who meet from time to time, at least twice every six months. The European Council defines the general political directions and priorities of the Union, but does not exercise legislative functions. The Council of the European Union ( Council of Ministers or Council ) is the Union's main decision-making body. Its meetings are attended by Member State ministers, and it is thus the institution which represents the Member States. The Council holds legislative powers usually in codecision with the European Parliament, in some cases alone. The European Parliament (EP) is the assembly of the representatives of the 500 million Union citizens. The Maastricht Treaty strengthened the role of the European Parliament by placing it on an equal footing with the Council of Ministers. The Lisbon Treaty further developed the fields where the Parliament is a co-legislator, leaving only a few exceptional cases to the decision of the sole Council. The European Parliament's main functions are as follows: legislative power (with the Council); budgetary power (Parliament shares budgetary powers with the Council in voting on the annual budget); power of control over the Union's institutions, in particular the Commission. Parliament can give or withhold approval for the designation of Commissioners and has the power to dismiss the Commission as a body by passing a motion of censure. Now watch the videoclips and answer the questions: A) The two Parliaments WYmfu7GOQK8 1) Why does the EU Parliament have a second formal seat in Brussels (in addition to its Strasbourg seat)?

12 2) What happens in Brussels as opposed to Strasbourg? 3) Match each word to its definition: a. decamp b. enshrined c. groundwork d. kill off e. run over f. shenanigan 1. exceed 2. protected 3. misbehaviour 4. leave 5. preparation 6. eliminate

13 B) 'Ordinary Legislative Procedure WYmfu7GOQK8 1) What is the official name of co-decision? 2) Where does the law-making procedure start? 3) Can citizens propose a law? 4) What is the role of the Parliament s rapporteur? 5) How many readings are possibile for each law? 6) At which stage can the Conciliation take place?

14 CRITICAL THINKING: The EU law-making procedure Read the following two texts and list the problems connected with the EU lawmaking process. Complex EU law-making dubbed 'infernal, undemocratic' 1 1. Brussels is awash with stories about the unhealthy influence of lobbyists on law-makers, but as big a scandal is the increasing amount of legislation made with little scrutiny at all. The lack of oversight - despite 754 MEPs and thousands of lobbyists - is down to the rising use of so-called secondary legislation coupled with a greater tendency to fast-track primary laws. 2. The twin effect has been to make much of EU law-making untransparent and unpredictable, according to Daniel Gueguen, himself a lobbyist and long-time expert on so-called comitology. The problem boils down to the current trend of making basic EU laws very general. This helps achieve consensus in politically important but sensitive areas, on the understanding that the nitty gritty will be fixed at the secondary legislation level. 3. But this is where the problem lies. The second layer system is complicated and gives a lot power to the European Commission. "When EU leaders signed the Lisbon Treaty, they were not aware of what was in it," he suggests. Secondary legislation is either a general delegated act or a more technical implementing act enabling the European Commission to respectively tweak laws or decide on how they should be implemented. The division between the two appears legally clear on paper. But it is in fact highly political as it concerns power. 1 Adapted from

15 Answer the following questions: 1) What are the two main problems affecting law-making in Brussels? 2) How can you explain the current trend of making EU laws in politically important but sensitive areas very general? 3) What are the dangers of secondary legislation? 4) Find synonyms for the following verbs: to be awash with to be down to to fast-track to boil down to to fix the nitty gritty to tweak What is comitology? Comitology refers to a set of procedures through which EU countries control how the European Commission implements EU law. Broadly speaking, before it can implement an EU legal act, the Commission must consult, for the detailed implementing measures it proposes, a committee where every EU country is represented. The committee provides an opinion on the Commission's proposed measures. These opinions can be more or less binding on the Commission, depending on the particular procedure specified in the legal act being implemented.