ETVT the EU has undermined the sovereignty of its member states Flashcards
structure
- influence of EU on national policy making
- EU’s commitment to an ever closer
union - influence of EU core institutions on state sovereignty
LOA
reduced it but not undermined
- for eu undermines sovereignty of its member states
⚖️ Supremacy of EU law: EU law takes precedence over national law, limiting member states’ ability to legislate on key policies.
📜 Costa v ENEL (1964): ECJ ruling confirmed EU law is supreme and binding on all member states.
💼 Impact on national policy: EU law overrides national preferences in areas like competition, trade, environmental standards & consumer protection.
🌿 France’s pesticide law (2019): ECJ ruled France’s law protecting wine industry non-compliant with EU regulations — France had to withdraw it.
🚗 Italy’s automotive & steel industries: EU laws prevent Italy from using tariffs or subsidies to protect struggling sectors from global competition.
🌍 Poland & environmental laws: Poland must meet strict EU environmental standards (e.g. air quality, emissions), even though it relies on coal for energy.
🏛️ Qualified Majority Voting (2020): Poland lost veto over environmental directives, showing how EU decisions can override national interests.
- against
🛡️ National control over critical policies: Member states retain control over defence, health, education, and taxation; EU cannot decide without unanimous agreement.
🪖 Defence autonomy: No EU military; countries like France & Poland conduct independent defence operations.
📚 Education autonomy: States like France & Germany set their own curriculums, preserving cultural & educational control.
⚖️ Subsidiarity principle: EU can only act if member states can’t achieve objectives independently, preserving sovereignty.
💼 Opt-outs: Member states can negotiate opt-outs (e.g. Denmark opted out of the euro), protecting key policy areas.
💬 Voluntary membership: EU membership is voluntary, and countries can leave (e.g. Brexit), preserving ultimate sovereignty.
🌍 Brexit: UK regained control over immigration & trade policies post-EU exit, illustrating the sovereign right to leave.
- for eu committed to ever closer union
EU’s “Ever Closer Union” 🤝:
Stated in the Treaty of Rome (1957) and reaffirmed in the Maastricht Treaty (1992).
Commits member states to deeper integration, potentially eroding national sovereignty.
Key EU Leaders’ Push for Deeper Integration 🌍:
Ursula von der Leyen (European Commission President) and Emmanuel Macron (French President) advocate for a stronger, more centralised EU.
Macron promotes “strategic autonomy” for Europe.
Shift Toward Federalisation 🏛️:
As integration deepens, decision-making power moves to supranational EU institutions.
National sovereignty becomes increasingly diluted.
Qualified Majority Voting (QMV) Expands 📊:
Allows EU laws to be passed by a ‘double majority,’ meaning member states can be outvoted.
No veto power in many critical areas affecting national interests.
QMV requirements: 55% of member states must approve, representing at least 65% of the EU population.
QMV Extended to More Areas 📑:
The Lisbon Treaty (2009) expanded QMV to 40+ new areas (e.g., judicial cooperation, energy policy).
This reduces member states’ sovereignty over significant policy areas.
Controversial Examples of QMV ⚖️:
2015 Migrant Relocation Quotas 🌍: EU mandated relocation quotas, requiring Hungary, Poland, and the Czech Republic to accept refugees, despite opposition.
2020 Climate Targets 🌱: Poland was overruled on ambitious EU climate goals, requiring a 55% reduction in carbon emissions by 2030, despite concerns about its coal economy.
- against overall inflation of states due to pooled sovereignty
Pooling Sovereignty for Greater Collective Influence 🤝:
By pooling sovereignty with the EU, member states gain more global influence than they could individually.
Smaller member states especially benefit from collective bargaining power.
EU as a Global Economic Power 🌍💰:
Acting as a bloc (15% of global GDP), the EU negotiates major trade agreements.
Examples include:
EU-Canada CETA: Eliminated tariffs on 98% of goods.
EU-Japan Economic Partnership: Improved market access, intellectual property protections, and reduced tariffs.
These agreements provide significant economic benefits, particularly for smaller states like Estonia.
Smaller States’ Greater Influence 🌏:
Without the EU, smaller states wouldn’t have been able to negotiate favourable trade terms.
The EU amplifies their economic power and diplomatic leverage.
Collective Influence in Global Organisations 🌐:
In organisations like the WTO, IMF, and WHO, the EU’s collective power shapes global policy.
Example: The EU helped shape the Paris Climate Accord 🌍, pushing for binding commitments to limit global warming to 1.5°C.
Resistance to Further Integration 🛑:
The rise of right-wing populism in countries like Poland, Hungary, and the Netherlands reflects reluctance to cede more sovereignty.
Leaders in these countries push for “taking back control” from Brussels, particularly regarding immigration policies
- for EU has number of supranational institutions
Supranational Institutions Limit Member States’ Sovereignty ⚖️:
Supranationalism means that member states transfer some sovereignty to central bodies that make binding decisions.
Member states cannot veto decisions within these institutions, thus limiting their control.
European Central Bank (ECB) 💶:
The ECB dictates monetary policy for the 20 Eurozone countries—setting interest rates and managing inflation.
Member states like Italy, Germany, and Greece cannot adjust their monetary policies independently.
Eurozone Crisis Example: Greece had to accept stringent austerity measures imposed by the IMF, EU, and ECB as a condition for bailout packages.
These measures led to a 25% drop in GDP and youth unemployment exceeding 50%, showing the loss of economic sovereignty.
European Commission 🏛️:
The European Commission proposes and enforces legislation across the EU on trade, environmental standards, and competition.
It has the power to impose sanctions or cut funding if member states violate EU rules, as seen with Poland and Hungary over rule-of-law violations.
This shows how the European Commission can limit national sovereignty by enforcing penalties without consent.
- against most powerful EU institutions are intergovernmental
EU Institutions Preserve Member States’ Sovereignty 🇪🇺
The European Council, composed of heads of state/government, is the primary decision-making body for key EU policies, especially foreign policy and security.
Unanimity Principle ⚖️: In most cases, decisions in the Council require unanimity, meaning every country has a veto over decisions that could significantly impact their sovereignty, such as tax policy, foreign policy, or constitutional matters.
Ireland’s Veto on Taxation 💼
In 2015, Ireland vetoed EU proposals to change corporate tax rules, preserving its low-tax regime and protecting its national interests from EU interference.
European Council’s Role in Crises 🌍
During the 2008 financial crisis and COVID-19 pandemic, the European Council played a central role in shaping EU responses.
The Next Generation EU recovery fund, a €750 billion package, was reached through intergovernmental negotiations, allowing for compromise between fiscally conservative countries (e.g., Netherlands and Austria) and affected states (e.g., Italy and Spain).
This shows the EU can work through intergovernmentalism, where no country is forced into policies that contradict its fundamental interests.
Council of the European Union 🏛️
The Council of the European Union allows ministers from each member state to vote on policies affecting their national interests.
Qualified Majority Voting (QMV) is used for most decisions, but for sensitive issues like taxation and defence, unanimity is still required, ensuring no state is forced into decisions that go against its core interests.
What is the principle of EU law supremacy?
In cases of conflict, EU law takes precedence over national law, limiting member states’ control over certain policy areas.
What was the Costa v ENEL (1964) ruling?
The European Court of Justice ruled that EU law is supreme and binding on all member states, establishing the principle of EU law supremacy.
Which policy areas are affected by EU law supremacy?
Areas such as competition law, trade, environmental standards, and consumer protection are affected, where EU regulations must be followed.
How did France’s 2019 pesticide law conflict with EU law?
France introduced a law to limit pesticide use to protect the wine industry, but the European Court of Justice ruled it non-compliant with EU agricultural standards in 2021.
How did Italy’s struggling automotive and steel industries face challenges due to EU law?
Italy was unable to support struggling industries with tariffs or subsidies due to EU rules on fair competition.
How did Poland’s reliance on coal impact its environmental policies?
Poland was forced to adopt strict EU environmental standards, even though it heavily relies on coal for energy, showing how EU law can override national interests.
What is the principle of subsidiarity in the EU?
Subsidiarity ensures decisions are made at the most local level possible, limiting EU authority to areas where collective action is necessary.
What areas remain under member states’ control despite EU membership?
Areas such as national defense, health, education, and taxation remain under full control of member states, with the EU unable to legislate without consensus.
What is the importance of opt-outs in EU treaties?
Member states can negotiate opt-outs from specific EU policies, allowing them to maintain control in sensitive areas like monetary policy or immigration.
How did Denmark maintain its sovereignty over monetary policy?
Denmark opted out of adopting the euro and continues to use the Danish krone, preserving its independent monetary policy.
What is the significance of Article 50 in the Lisbon Treaty?
Article 50 provides a legal pathway for any member state to leave the EU, ensuring that sovereignty over membership is preserved.
What is the EU’s commitment to an ever closer union?
The EU is committed to deeper integration, as stated in the Treaty of Rome (1957) and the Maastricht Treaty (1992), which may require further erosion of national sovereignty.
What is Qualified Majority Voting (QMV) in the EU?
QMV allows legislation to pass with a ‘double majority’ in the Council of the European Union, reducing member states’ ability to veto decisions.
How did the EU use QMV to impose migrant quotas in 2015?
The EU approved mandatory migrant relocation quotas under QMV, requiring countries like Hungary, Poland, and the Czech Republic to accept refugees, despite opposition.
What is the effect of QMV on climate policy?
Under QMV, the EU set ambitious climate targets, such as reducing carbon emissions by 55% by 2030, overriding Poland’s objections due to its coal-dependent economy.
What is the EU’s collective influence in global trade and climate policy?
By pooling sovereignty, EU member states have greater global influence, allowing them to negotiate major trade deals and play a significant role in climate agreements.