Constructing Europe

Question 1

List all the EU treaties/acts in the right order

Answer 1

Treaty of Paris - 1952
Treaty of Rome - 1957
Merger Treaty - 1965
Single European Act - 1986
Treaty of Maastricht - 1992
Treaty of Amsterdam - 1999
Treaty of Nice - 2003
(Constitutional Treaty - 2004)
Treaty of Lisbon - 2009

Question 2

What did the Treaty of Paris (1952) create?

Answer 2

ECSC

Council of Ministers
High Authority
Common Assembly

Question 3

What did the Treaty of Rome (1957) create?

Answer 3

EEC - common market
Euratom (EAEC)

Council of the EEC (future Council of the EU)

Question 4

What did the Merger Treaty (1965) do?

Answer 4

EEC + EAEC + ECSC = EC

Question 5

What did the SEA (1986) modify?

Answer 5

Single Market

👑 Establishment of European Council
🙋‍♀️ Increased QMV
🔍 EC granted implementing rights
💪 More power to EP (assent required when enlargement/association agreements

Question 6

What changes did the Maastricht Treaty (1992) make?

Answer 6

🆔 Creation of EU + EU citizenship
🏛️ Pillar structure
🌍 Establishment of CFSP
⚖️ EP + Council = co-decision (dem.)
💰Creation of EMU - idea of €
🌳 Committee of Regions (dem.)

Question 7

More info about the EMU (principles, exceptions)

Answer 7

Principles
1) Coordination of eco policy-making btw MS
2) Limitation of deficit

Exceptions
UK & DK given opt-outs regarding €

Question 8

Name the 3 pillars & explain the idea behind - when were they abolished?

Answer 8

SUPRANATIONAL
European Communities (core economic, social & environmental initiatives)

INTERGOVERNMENTAL
- Common Foreign & Security Policy
- Police & Judicial Cooperation in Criminal Matters

Abolished in 2009 - Lisbon

Question 9

More info about the Committee of Regions (role, importance)

Answer 9

Role
-Consulted by EC when drafting legislation (non-binding)
-Strengthens national power

Importance
Closer to the ppl - democratisation

Question 10

What was the purpose of Amsterdam (1999)? What changes did it bring about?

Answer 10

Prepare for Eastern Enlargement

🌍 Position of HR
🙋‍♀️ More QMV
🙅‍♂️ Constructive abstention*

*countries can opt out without preventing others from going ahead

Question 11

What was the purpose the the Constitutional Treaty (2004)? Why was it rejected?

Answer 11

Purpose: replace all existing treaties

Rejected by FR & NL in national referenda (concerns over loss of sovereignty)

Question 12

What changes did Lisbon (2009) bring about?

Answer 12

🏛️ 3-pillar structure changed to competences
🌍 Creation of EEAS
👑 President of European Council
🖕Article 50: MS allowed to leave EU

Democratic legit:
💪 Strengthening EP
📆 EP & EC have same term
💡 Citizen’s initiative

Future:
Simplified revision procedure - Treaty can be amended (no need for new one)

Question 13

Why did Lisbon work while the CT didn’t?

Answer 13

Constitution ≠ Treaty (worries abt sovereignty)

Lisbon = technocratic (✨amending✨ aspect highlighted)

Collusion between MS (Ireland only one holding referendum)

Question 14

Which changes did Nice (2003) bring about?

Answer 14

👯‍♀️ Change in number of Commissioners/country
💪 Increase in EP supervisory & legislative powers
🙋‍♀️ Increase of QMV
✨ Creation of Charter of Fundamental Rights

Question 15

Explain the process of OLP

Answer 15

Consists in 3 readings (4 moments when inst. can come to an agreement)

First-reading agr.
- Compromise found through trilogues
- EP & Council vote
- 90% of all files end there

Early 2nd reading agr.
- compromised reached after EP reading
- adopted as Council’s position

2nd reading agr.
- Council position at 1st reading ≠ EP’s position
- EP may adopt amendments to Council’s position

3rd reading
- Last chance to agree
- Conciliation committee: short deadlines to agree on txt which has to be ratified by EP & Council

Question 16

What are the two SLPs?

Answer 16

Consultation procedure
- EP informed of legislation but has no decision-making power
- Council has to request EP opinion & wait for it but op. non-binding
Eg. for internal market

Consent procedure
- EP can veto but not amend
Eg. international agreements

Question 17

What are the types of law?
(hard vs soft // primary vs secondary)

Answer 17

Hard vs Soft
Hard
Legal obligations, can be enforced by a court

Soft
Guidelines, purely indicative

Primary vs secondary
Primary
Treaties - set out EU objectives, rules for institutions, decision-making processes & EU-MS relations

Secondary
Body that comes out of objectives set out by treaty

Question 18

Define: regulations, directives

Answer 18

Regulations
Legally binding, applicable as such in MS (no transposition)

Directives
Ask for results, but MS choose path (have to communicate results to EC within 2y - otherwise infringement

Question 19

What are delegated & implementing acts?

Answer 19

Delegated acts
EC supplements/amends non-essential parts of EU law. Adopted by EC & enters into force if EP/Council don’t have any objections

Implementing acts
Acts seeking to create a uniform ground for implementation of legislation - supervision by cosmetology committees

Question 20

What are the different types of competences?

Answer 20

Exclusive competences
Autonomous action of the EU - MS act all together or not at all

Shared competences
EU has to justify its actions in terms of subsidiarity - MS must stand back but can step in again when EU stops exercising comp.

Parallel competences
MS & EU can act at the same time

Supporting/coordinating/supplementary competences
EU provides finances to support what the MS do

Policy coordination
EU provides arrangements by which MS coordinate national policies around common guidelines

Question 21

Define subsidiarity

Answer 21

EU should only act when action at national level is insufficient (ensures actions are taken as close to the citizens as possible)

Question 22

Define proportionality

Answer 22

Legislation has to be justified & shouldn’t go any further than necessary

Question 23

What are the different types of decision-making in the Council?

Answer 23

QMV
Double maj. => 55% of the MS representing 65% of EU pop
Default voting procedure since Lisbon

Unanimity
Limited to small number of sensible matters
eg. CFSP or access to EU

Majority voting
14 MS in favour

✨Consensus✨
(see consensus card)

Conciliation
(see trilogues card)

Question 24

What is the culture of consensus? What are its strengths & weaknesses?

Answer 24

Obtaining unanimity without voting - does not mean general agreement but rather absence of explicit opposition
!!! Relies on logic of appropriateness

Strengths
- Hide winners & losers
- Blame avoidance (from national pop.)
- Outvoted countries would be more reluctant to implement policies they voted against
- Increase in productivity

Weaknesses
Lack of transparency & accountability

Question 25

What are the different theories regarding the independence of the EC?

Answer 25

Intergovernmentalism
Governments are the driving force behind decisions - EC has no power bank of its own

Institutionalism
- EC can rely on certain strategies to manipulate situations (information imbalance, alliances between MS)
- Looks at interests above national concerns

“Middle-ground” (Bailer)
EC has more info that MS & can use this to its advantage BUT MS still have very strong influence

Question 26

What 4 types of political roles does the EC have, as a bureaucracy?

Answer 26

Ideological political 💡
EC is goal-oriented & fosters major socio-economic changes to promote integration

Policy political role 👮‍♀️
Agenda-setting allows EC to promote certain issues over others

Organisational political role △
EC decisions are taken in order to justify its existence & preserve itself

Administrative political role 🧩
Implementation = political act (re-interpreting to adapt to the field)

Question 27

What are the (dis)advantages of enlargement for the European Union and candidate countries?

Answer 27

Candidate countries
Advantages
- Common Market = better economy
- Increased security & stability
- More weight at international level

Disadvantages
- Adaptation costs
- Imbalanced relationship (conditionality)

European Union
Advantages
- Security & stability (stabilitocracies)
- Enlargement = geopolitical tool

Disadvantages
- Constant reform to adapt
- Increasingly difficult to function effectively
- Economic disparities
- Populist Euroscepticism

Question 28

What are the 3 theories regarding the purpose of the EU?

Answer 28

Value-based community
Bring democracy & re-uniting Europe - based on common history & culture
eg. Balkan & Eastern Enlargement

Problem-solving entity
Utility & efficiency
eg. EFTA enlargement

Rights-based entity
Democratic principles, rights & justice
Mediterranean & Balkan enlargement

Question 29

What are the steps of the application process?

Answer 29

1) Membership application submitted to EC & Council

2) EC prepares opinion

3) Decision by Council to start accession negociations

4) Screening process by EC

5) Negotiations led by Presidency

6) EC, EP & MS endorse outcome of negotiations

7) MS & candidate country ratify Accession Treaty

Question 30

What are the 3 types of Copenhagen criteria?

Answer 30

Political criteria
- Stability of institutions guaranteeing democracy
- Respect of rule of law, human rights & values

Economic criteria
Functioning market eco. capable of coping with competition in Single Market

Administrative & institutional capacity
- Acquis communautaire
- Absorption capacity: ability to take on obligations of membership

Question 31

What are the 4 theories of Europeanisation? What is required to Europeanise?

Answer 31

Top-down
Rational choice institutionalism
Decision-making in the MS shaped by cost-benefit analysis

Sociological institutionalism
The more a EU policy is in line with domestic interests, the more chances it has of being successful

Bottom-up
Rational intergovernmental
Bigger states have more bargaining power & therefore have more chances of seeing their interests taken into account

Constructivist intergovernmental
Actors are flexible & change opinions - even small MS can be influent if they can give good arguments

!!! Top-down Europeanisation requires misfit, eg. for the domestic policies not to be in line with European standards

Question 32

What is the sequential approach to Europeanisation?

Answer 32

Synthesis of top-down & bottom-up Europeanisation

The more an EU state has influence at EU level (can upload/influence policies), the easier for them it will be to download the resulting policies

Question 33

Define: top-down & bottom-up Europeanisation

Answer 33

Top-down
How the EU influences MS & 3rd countries

Bottom-up
How MS shape EU & upload their preferences to the EU

Question 34

Define: Europeanisation

Answer 34

Interaction of EU-MS-3rd countries & how they shape each other

Question 35

Explain the 4 worlds of compliance

Answer 35

World of law observants
Compliance > domestic concerns
Denmark, Finland, Sweden

World of domestic politics
Temporary non-compliance in case of conflict of interests
Belgium, Germany, Netherlands…

World of transposition neglect
Intervention of EU necessary to make them comply, only superficial results
France, Greece, Portugal

World of dead letters
Compliance in the transposition stage, but not enforced
Ireland, Italy, Hungary…