Politics Day Briefing
Constitution
The European Union (EU) has no formal written constitution. Attempts to introduce a Constitution foundered on decisive “no” votes against adopting the proposed Constitution in referendums in France (May 2005) and Holland (June 2005) Ireland voted also “no”. But the Constitution was tinkered with and re-presented as the Treaty of Lisbon (see below) Irelandsubsequently ratified the Treaty.
Nonetheless the EU has always had constitutional arrangements which have evolved by custom and practice and by Treaties signed by member states, for example:
Treaty of Rome (1956) establishing the original “European Economic Community” (EEC)
Treaty of Maastricht (1991) clarified the role of the institutions, increasing the powers of the Parliament and setting out a pathway to Monetary Union (EMU) and creating the “European Union”
Treaty of Nice (2000) clarified the financial and institutional arrangements to deal with the expansion of the EU, particularly into the former Soviet sphere.
Treaty of Lisbon (2009) streamlined arrangements. Permanent President, reduced Commission and enhanced power for Parliament.
Institutions
The EU is predicated on the traditional democratic norms of “checks and balances” with four institutions:
1. Council of Ministers
A quasi-executive, “intergovernmental” body where representatives of members states meet to define “general political guidelines“.
The Council Presidency is now permanent, former Belgian Prime Minister, van Rumpuy. And has a Permanent high representative for foreign affairs, Lady Ashton (UK)
Voting in the Council is “weighted” according to the size of the country.
As the EU has expanded, the Council has gained in power.
2. The European Commission
In effect the administration is charged with initiating the detailed legislative programme set out by the Council‘s general guidelines.
The Commission’s is divided into Directorates based on EU competences, e.g. Trade, Transport.
Each headed by a Commissioner nominated by the member states and agreed by the Parliament.
The Commission has lost power since the late 1980s and is more and more a classical civil service.
Most important, the EU legislative process has an in-built consultation procedure. The Commission must consult all parties to a subject before and during drafting.
The Commission has been successfully sidelined since the days of Jacques Delors (President of Commission 1985-95)
3. The European Parliament has been directly elected since 1979 on a five year mandate.
Parliament has the right to agree, amend and ratify legislation much in the classical manner of second chambers in democratic countries.
Crucially the elected members sit in political blocks, not national delegations.
4. Court of Justice
Independently appointed body to adjudicate in inter-institutional disputes.
TO RECAP
Policy Chain.
COUNCIL sets out aims, usually at a summit
COMMISSION comes up with implementing legislation
PARLIAMENT approves, amends
Trade Policy Chain
· Trade agreements are time-limited (usually 3 years)
· All have inbuilt monitoring and reviews
· Since DOHA, all have a capacity building, trade related technical assistance
· The Council sets out broad guidelines and issues a NEGOTIATING MANDATE to COMMISSION. Copy to PARLIAMENT
· COMMISSION consults other parties, eg. European Economic and Social Committee
· COMMISSION NEGOTIATES WITH THIRD PARTY
· COMMISSION MUST UPDATE PARLIAMENT
· PARLIAMENT and COUNCIL must ratify agreement
Regulation
The Treaty of Rome bases on Four Freedoms
movement of Goods, services, capital and people.
In a nutshell, the EU institutions remove barriers to the free movement and put in place a framework to advance free movement.
This simple fact unleashes a tide of regulatory activity.
However...
Ideologically, the EU accepts that the market alone will not ensure "life, liberty and the pursuit of happiness".
Generally, most Europeans, even post Thatcher Britons, accept a more interventionist state than the USA.
And the model still remains a "social market economy, not a free market economy"
The EU is a kind of NAFTA +
A free trade area with stronger social, environmental supra-national regulation and accountable to an international electorate.
All of which centres on Brussels.
Which brings us to the classical question
IS BRUSSELS LIKE WASHINGTON, or any other national capital ?
Which brings us to the classical politician’s answer
YES AND NO
Yes.
There is an increasing “Beltway” mentality. The actual institutions are within sight of each other and there is much coming and going, tip-offs, nudges and winks, second-guessing and horse trading.
Lobbyists play an increasing role. However, they are not as stringently controlled as in Washington.
Timing and insider knowledge is all important.
No
There are 27 countries and 22 languages.
There is in effect no “government” that is no partisan Party government and therefore no immediate “Payroll vote” as in national politics.
The European Parliament is multi-party, mainly because of a system of “proportional representation” which ensures small parties get elected.
This “proportionality” applies also to key positions, for example in Parliament the Majority Block does not take all key jobs, everyone gets something according to size of group.
Therefore, there is a larger range of political opinion “inside” the system than in the USA.
The political parties are much stronger in Europe than in the USA. The resources available for Parliamentary work go to the Parties rather than the individual member.
Crucially, individual member's election expenses are strictly capped in Europe and candidates rely much more on their party structures for support financially and politically.
Enjoy your course.
Michael Hindley
December 2009