home *** CD-ROM | disk | FTP | other *** search
- Path: senator-bedfellow.mit.edu!dreaderd!not-for-mail
- Message-ID: <european-union/basics/part2_1084525555@rtfm.mit.edu>
- Supersedes: <european-union/basics/part2_1082634815@rtfm.mit.edu>
- Expires: 18 Jun 2004 09:05:55 GMT
- References: <european-union/basics/part1_1084525555@rtfm.mit.edu>
- X-Last-Updated: 1997/03/07
- From: eubasics@allmansland.com
- Newsgroups: talk.politics.european-union,eunet.politics,alt.politics.ec,alt.answers,talk.answers,news.answers
- Subject: European Union Basics (FAQ), Part2/8
- Approved: news-answers-request@MIT.EDU
- Followup-To: talk.politics.european-union
- Reply-To: eubasics@allmansland.com (Roland Siebelink)
- Organization: Allmansland/De Schutter Digital Media
- MIME-Version: 1.0
- Content-Type: text/plain; charset="iso-8859-1"
- Content-Transfer-Encoding: 8bit
- X-URL: http://eubasics.allmansland.com/general.html
- Summary: This file is part of an eight-part posting containing basic
- information about the European Union and other related or unrelated
- European political organisations. It is hoped to serve both as background
- information for those wishing to discuss European politics on the
- talk.politics.european-union newsgroup, and as a general reference for
- anyone concerned with politics in Europe.
- Originator: faqserv@penguin-lust.MIT.EDU
- Date: 14 May 2004 09:07:03 GMT
- Lines: 627
- NNTP-Posting-Host: penguin-lust.mit.edu
- X-Trace: 1084525623 senator-bedfellow.mit.edu 569 18.181.0.29
- Xref: senator-bedfellow.mit.edu talk.politics.european-union:201833 eunet.politics:30702 alt.politics.ec:28048 alt.answers:72883 talk.answers:7092 news.answers:271258
-
- Archive-name: european-union/basics/part2
- Posting-Frequency: once every three weeks
- URL: http://eubasics.allmansland.com/general.html
-
- + NB READERS OF THIS TEXT VERSION:
- + The original and most recent version of this file is always available
- + on the world-wide web. If you have Web access, please consider viewing
- + it there at the URL mentioned above.
-
- EU Basics FAQ: General questions
- [generalquestions]
-
- What is the European Union or EU?
-
- +European Union; is the name of the organization for the member countries
- that have decided to co-operate on a great number of areas, ranging from a
- single market to foreign policy, and from mutual recognition of school
- diplomas to exchange of criminal records. This co-operation is in various
- forms, officially referred to as three +pillars;:
-
- The [three] European Communities (EC, supranational)
-
- The Common Foreign and Security Policy (CFSP, intergovernmental)
-
- The Co-operation in the Fields of Justice and Home Affairs (JHA,
- intergovernmental)
-
- The Conservative government of the UK decided not to take part in
- co-operation on social matters, which was designed to be part of the revised
- EEC Treaty (and thus of the first pillar). All other member states then
- decided to include this co-operation in a separate Social Chapter, or
- rather a separate social protocol, added to the Maastricht Treaty, and which
- is not applicable to the UK. As such, this area could now be considered a
- fourth pillar, although most observers still consider it part of the first
- pillar as it is a supranational form of cooperation. Note: The UK Labour
- party has repeatedly promised to remove the British opt-out to the Social
- Chapter if it gets elected.
-
- When did the EU come into being?
-
- The European Union as an umbrella organisation has come into existence only
- in November 1993, after the ratification of the Maastricht Treaty. Its
- constituent organisations were founded/organised as below:
-
- 1952 The European Coal and Steel Community (ECSC) was
- established by the Treaty of Paris (1951).
-
- 1954 The European Defence Community (EDC) Treaty, signed in
- Paris (1952) and ratified by all five other ECSC
- member states, was vetoed by a majority of left-wing
- and right-wing radicals in the French Assemblie
- (August 30th). The Treaty had provided for a European
- army, a common budget and common institutions, among
- which a directly elected Common Assembly and for this
- Assembly to study ways of creating a federal
- organisation with a clear separation of powers and a
- bicameral parliament. The French veto against the EDC
- Treaty also meant the end of the draft Treaty
- establishing a Political Community, approved by the
- ECSC Assembly on 10 March 1953.
-
- 1958 The European Economic Community (EEC) and the European
- Atomic Energy Community (Euratom) were established by
- the twoTreaties of Rome (1957).
-
- 1967 The institutions of the ECSC, EEC and Euratom were
- merged, with a single European Commission replacing
- the ECSC High Authority, EEC Commission, Euratom
- Commission. A single +European Parliament; (though
- officially still called the European Parliamentary
- Assembly) replaced the three virtual Assemblies of the
- Communities, too, although the members of these
- Assemblies had always been the same people acting in
- different capacities on different matters.
-
- 1979 For the first time, Members of the European Parliament
- were elected directly by the people of all Member
- states (June 7-10).
-
- 1987 The Single European Act of 1987 provided the
- implementation provisions for the Single European
- Market[1], and it codified agreement on majority
- voting in the Council[2] on a range of questions. It
- also formally codified the European Co-ordination in
- the Sphere of Foreign Policy, which was known as
- European Political Cooperation and dating back to the
- 1970 Davignon report.
-
- 1993 The European Union was established by the Maastricht
- Treaty which came into force in November 1993. It
- created an explicit three-pillar structure with a new
- Common Foreign and Security Policy (CFSP) replacing
- the Single Act provisions in this field, and codifying
- the Co-operation in the field of Justice and Home
- Affairs (JHA). It also reexpanded the scope of the
- EEC, to include provisions for an Economic and
- Monetary Union with a single European currency from
- the end of the century onwards, and it re-baptised the
- EEC to simply European Community (EC).
-
- 1996 A new Intergovernmental Conference (IGC, ie a round of
- negotiations over changes to the Treaties) will start
- in Turin on March 29. As the debate over the European
- Union is likely to focus strongly on the IGC in the
- course of this year, we have added a special
- section[3] on it to this list.
-
- What countries are members of the EU?
-
- The EU now consists of 15 member states. Its original membership of six was
- gradually enlarged as follows:
-
- From 1952 (original ECSC membership):
-
- Belgium (BE);
-
- Germany (DE), the 5 new Ldnder of the former GDR joined in 1991;
-
- France (FR);
-
- Italy (IT);
-
- Luxembourg (LU);
-
- Netherlands (NL);
-
- From 1973 (first enlargement):
-
- Denmark (DK);
-
- Republic of Ireland (IE);
-
- United Kingdom (GB);
-
- [Norwegians rejected membership];
-
- From 1981 (second enlargement):
-
- Greece (GR);
-
- From 1986 (third enlargement):
-
- Portugal (PT);
-
- Spain (ES);
-
- From 1995 (fourth enlargement):
-
- Austria (AT);
-
- Finland (FI);
-
- Sweden (SE);
-
- [Norwegians rejected membership again].
-
- Countries being considered for the fifth enlargement:
- Bulgaria (BL);
- Cyprus (CY);
- Czech Republic (CZ);
- Estonia (EE);
- Hungary (HU);
- Latvia (LV);
- Lithuania (LT);
- Malta (MT);
- Poland (PL);
- Romania (RU);
- Slovakia (SK);
- Slovenia (SL).
-
- Of these, only Malta and Cyprus have been promised that the actual
- negotiations for their accession will start six months after finalisation of
- the Intergovernmental Conference.[4] In December 1995, the European
- Council[5] decided that indidividual assessments of the remaining ten
- candidates' prospects as well as a collective assessment of enlargement
- should be ready by that time as well, so that membership negotiations with
- some of the other countries could start at the same time as those with
- Cyprus and Malta.
-
- In preparation for this, all twelve countries are invited to one meeting of
- the European Council every year, although it has been made clear that this
- does not automatically mean that all countries will be invited as new
- candidate members.
-
- Turkey and Morocco have applied for membership in the past, but their
- candidacies were rejected. Turkey did finally get its long-awaited customs
- union treaty with the EU in 1996.
-
- Which are the languages of the EU?
-
- Like most international organisations, the EU has two sorts of languages:
- official languages and working languages. Official languages are used for
- official public documents, especially those with legal value. Working
- languages are the languages used internally. Sometimes there is also talk of
- treaty languages: these are said to be official languages in which only
- basic legal texts are translated, and not all official public documents with
- legal value. Since EU legislation is directly applicable in national law,
- all languages with official legal status in one or more of the member states
- should be official EU languages as well. This means that there are now
- eleven official EU languages:
-
- German (88.8 million inhabitants of linguistic area*: in Germany,
- Austria, Belgium, Italy and Luxembourg)
-
- French (63.3 million, in France, Belgium, Luxembourg and Italy)
-
- English (60.0 million, in UK and Republic of Ireland)
-
- Italian (56.4 million, in Italy)
-
- Spanish (39.2 million, in Spain)
-
- Dutch (21.1 million, in the Netherlands and Belgium)
-
- Greek (10.3 million, in Greece)
-
- Portuguese (9.8 million, in Portugal)
-
- Swedish (9.0 million, in Sweden and Finland)
-
- Danish (5.2 million, in Denmark)
-
- Finnish (4.7 million, in Finland).
-
- Every member state has decided for itself what language(s) to make official
- EU languages; thus, these figures do not take into account recognised
- +minority; languages such as Catalan and Frisian, nor of officially
- recognised national languages such as irish (which is only a treaty
- language, not an official language) and Letzebuergesch (which has been
- recognised as a national language only in 1983).
-
- Council members have never been able to agree on a limit to the number of
- working languages within the institutions. All official languages are
- considered equal in every way. It should be noted though that, in practice,
- some languages are more equal than others. The Commission has limited much
- of its internal translations to French, English and German; some informal
- meetings do not have interpreters at all and are conducted in English
- entirely. Nick Bernard[6] says the Court of Justice uses French as an
- internal working language. According to Bart Schelfhout[7], this is due to
- the fact that French is far more considered a juristic language (precision
- and vocabulary) than is English
-
- EU interpretation services have already noted that the current expansion to
- eleven working languages will already be virtually unworkable; an expansion
- to sixteen or more (with some former Eastern Bloc countries joining) will be
- technically impossible. It is therefore to be expected, in my view, that the
- number of working languages will be limited to three (English, French and
- German) or five (with Italian and Spanish), if only for passive use
- (languages to translate into)
-
- Still, Marc Bonnaud[8] notes that
-
- +The EU Coucil of Ministers of 12 June 95 has not only reaffirmed i
- ts firm attachment to Linguistic Diversity , it has also decided to
- setup a commission to check that all the Institutions respect this,
- and first of all, those concerned with the +information society; (DG
- XIII which violates daily the founding treaties and the regulation #
- 1 of the Commission). The Commission has been invited to make yearly
- reports on the application of these decisions. [...] I expect these
- decisions to be included one way or another in the revised Treaty.;
-
- Carsten Quell[9] of the Freie Universitdt Berlin has done extensive research
- on this topic.
-
- How come the flag has only twelve stars?
-
- Questions that concern the European flag keep recurring. Especially since
- the enlargement of the EU from twelve to fifteen member states, people are
- wondering why there are still only twelve stars on the flag. The short
- answer is mainly that the number of stars was never intended to correspond
- to the number of member states; both just happened to be twelve between 1986
- and 1994.
-
- [IMAGE]
-
- The flag with twelve gold stars in a circle on a blue background was
- originally designed for the Council of Europe[10], founded in 1949. One of
- the founding members of this organisation was the country of Saarland, which
- had been part of Germany only since 1935, but was occupied by the French
- after World War II. At the time of the foundation of the Council of Europe,
- it was not at all clear whether Saarland (which was in the French zone of
- the allied occupation forces) would retain its international status under
- the custody of the United Nations, become part of France or rejoin Germany
- [it finally chose the latter in a 1955 referendum].
-
- To reconcile any possible differences over the sovereignty of Saarland, the
- founding members of the Council of Europe decided not to have a number of
- stars corresponding to the disputed number of founding states. Rather, the
- number of twelve stars was chosen to be a symbol of completeness and of
- unity, as it corresponded to the number of stars in the zodiac, the number
- of months in the year and (for the purpose of winning over the mainly
- Christian European people) to the number of Jesus's apostles. Thus the flag
- of the Council of Europe still consists of twelve stars, even though it has
- over thirty members now.
-
- The then European Communities +borrowed; the flag of the Council of Europe
- only in 1986, after its enlargement to twelve members. Thus, as far as the
- European Communities are concerned, there was indeed a (coincidental)
- correspondence between the number of member states and the number of stars
- in the flag. Still the enlargement of the EU to fifteen member states has
- provoked no changes in the number of stars on the flag; therefore, it must
- be concluded that the number of twelve on both the Council of Europe's flag
- and the flag of the European Union retains it symbolic value of completeness
- and unity, rather than of the number of members.
-
- Quick guide to EU legislation
-
- EU legislation is known for its complexities and subtleties. The following
- Quick guide to EU legislation, however, gives a good overview of the main
- instruments used. It has been contributed by Kevin Coates[11] and Richard
- Corbett[12] (who supplied a new version of the part about +decisions;)
-
- +All legislation is concluded by some combination of:
-
- European Commission[13] (makes proposals and oversees the process)
-
- European Parliament[14] and
-
- Council of Ministers[15] (ie the representatives of the Member States and
- by far the most important)
-
- MAIN TYPES OF LEGISLATION
-
- Regulations These are effectively equivalent to statutes in the UK
- [or +Arrjti Ministeriel/Royal; that most member states
- have an equivalent of, RS] - ie they are effective as
- law without any further intervention/action on the
- part of the Member States.
-
- Directives
-
- These are +binding as to the result to be achieved; - ie they should state
- the goal/end-state that is aimed at, but leave the
- Member States with some discretion as to how to
- achieve it. The amount of discretion varies greatly.
- One of the reasons for the use of directives is that
- it is believed that the different Member States would
- need to approach the same problems in different ways
- because of the differences in their legal systems.
-
- Because directives need to be +transposed; into national law (ie national
- legislation must be passed to implement the goals of
- the directive) a time limit is provided in the
- directive by which time the directive must have been
- implemented. Some cynical people who look closely at
- directives believe that increasingly directives have
- been used in circumstances where the Member States
- simply want to avoid a particular piece of legislation
- coming into force - ie there is no real question of
- needing to implement it in a particular way, but the
- Member States want to take advantage of the time for
- transposition. Because the Member States must
- transpose the directives, they obviously have a
- certain measure of discretion as to how this is
- done.&187;
-
- +Decisions Decisions do not have general application but are
- binding on those to whom they are addressed (e.g.
- companies).;
-
- The Intergovernmental Conference of 1996
-
- The EU being an association of member states, changes to the Treaties are
- negotiatied by representatives of the member state governments, and approved
- (and ratified) by all national parliaments, in some countries with the
- active involvement of the people at large through a referendum. The
- negotiation part of this process is conducted in what is called an
- Intergovernmental Conference or IGC.
-
- This year (1996), a new Intergovernmental Conference will start negotiating
- about changes to the treaties, as this is a legal requirement of the
- Maastricht Treaty (laid down at the insistence of the German and some other
- member states' governments that were unsatisfied with the +meagre; results
- of Maastricht.
-
- Although the Maastricht Treaty does not stipulate which parts of the
- Treaties should be open to revision, there has seemed to be agreement on the
- main topics of discussion for the 1996 IGC for some time now, if not at
- their outcome.
-
- The European Council[16] has clearly added to this by having a +Reflection
- Group; list an inventory of Member States' concerns for the Conference well
- in advance of its actual start (29 March 1996 in Torino, IT).
-
- CONCLUSIONS OF THE REFLECTION GROUP
-
- The Reflection Group preparing the agenda for the IGC under the chairmanship
- of Mr Carlos Westendorp (Minister of European Affairs, ES) delivered its
- report to the European Council of December 1995 in Madrid. It identified the
- following areas of concern among some or all Member State governments:
-
- Making Europe more relevant to its citizens
-
- Promoting European Values (democracy, human rights, equality)
-
- Freedom and internal security (terrorism, drugs, external border
- controls)
-
- Employment
-
- Environment
-
- A more transparent Union
-
- Subsidiarity
-
- Enabling the Union to work better and preparing it for enlargements
-
- The rules originally designed for a Community of 6 are not flexible
- enough for a Union of 15-25
-
- Increased role for the European Council
-
- Improving representation and accountability to both European and national
- parliaments
-
- Simplifying over-complex procedures
-
- Looking at the roles of the Commission, the Court of Justice and the
- Committee of Regions
-
- Giving the Union greater capacity for external action
-
- Common Foreign Policy
-
- European Security and Defence Policy
-
- THE MAIN ISSUES ON THE AGENDA
-
- In its issue of 21-27 March 1996, the deputy editor of the weekly newspaper
- European Voice, Rory Watson, put forward a list of the main issues on the
- agenda for the Intergovernmental Conference starting at the end of that
- week:
-
- Flexibility
-
- Should member states with the will to do so be specifically allowed
- to integrate their policies further and faster than their more reluc
- tant EU partners? The European Commission, European Parliament, Franc
- e, Germany and the Benelux firmly believe the answer must be yes, arg
- uing the Union should not be forever bound to advance at the speed of
- its slowest members.
-
- To some extent, flexibility already exists. Social policy, a single
- currency and the Schengen border-free arrangement all involve fewer
- than all 15 member states. But critics fear it could create a permane
- nt two-tier Union, with a small cohesive inner core and a looser oute
- r group of countries. The practical implications, especially for the
- uniform application of EU law, are an even greater obstacle.
-
- Flexibility could apply mainly to defence/security and justice/home
- affairs areas, but not to the single market, or to the Union's insti
- tutions and basic objectives.
-
- Citizenship
-
- Almost every contribution to the IGC debate has placed citizenship
- in pole position. The gesture is more symbolic than substantive, brin
- ging under one heading principles already in the treaty such as free
- movement and non-discrimination. Of greater interest to non-governmen
- tal organisations is closer involvement in the EU's decision-making p
- rocess.
-
- Instead of +citizenship;, talk is now moving towards bringing the U
- nion closer to its citizens. Achieving that involves simplifying the
- treaties, increasing the transparency of Council of Ministers' meetin
- gs when legislation is debated, and strengthening democratic control
- by the European and national parliaments.
-
- That, cobmined with guaranteed access to documentation would, says
- supporters, enable people to know and influence what is going on, and
- rekindle public confidence in the EU.
-
- Common Foreign and Security Policy
-
- By common agreement, this is one of the major disappointments of th
- e Maastricht Treaty. But recipes for achieving a respectable CFSP dif
- fer.
-
- Some argue that the basic structure is sound and is only prevented
- from operating by the almost insurmountable hurdle presented by the r
- equirement for unanimity. But the dominant view that more majority vo
- ting is required is opposed by the UK in particular. It argues that i
- ssues so close to the heart of national sovereignty demand unanimity.
- Talk will focus on diplomatic techniques such as +constructive abste
- ntion; or +unanimity minus one; to skirt round the problem.
-
- There is general agreement on the need to create an analysis unit t
- o prepare CFSP strategy. However, there is no consensus on whether a
- Mr or Mrs CFSP should be appointed to give the policy an internationa
- l personality, on the financing of initiatives taken by some, but not
- all, member states, and on the roles of the Commission and Parliamen
- t.
-
- Defence
-
- At stake is the relationship between the Union and the defence alli
- ance, the Western European Union, whose founding treaty expires in 19
- 98. The UK wishes to keep the WEU as an autonomous organisation repre
- senting the European defence arm of the Atlantic alliance. It is conf
- ronted by Franco-German calls for eventual full WEU integration in th
- e Union.
-
- The defence debate will also cover the status of neutral members an
- d the ability of some Union states to take military action.
-
- It will focus not just on the collective defence of territorial int
- egrity, but also on ways of managing regional crises and the Petersbe
- rg tasks of humanitarian aid and peacekeeping. There is growing suppo
- rt for the Union to develop a European armaments policy. It would ens
- ure more effective integration of the industry, establish a consisten
- t approach to arms exports and create an armaments agency.
-
- Decision-making
-
- Streamlining is the order of the day for EU decision-making. Over 2
- 0 separate complex systems are now used to adopt legislation and pres
- sure is growing to reduce these to three.
-
- The main battlegrounds will be extending majority voting in the Cou
- ncil and equal co-decision powers to the Parliament. Both ideas have
- wide-spread support, but are firmly opposed by the UK.
-
- Supporters of change believe maintaining the unanimity requirement
- could paralyse a larger Union and prevent future treaty reform. They
- also suggest more majority voting would not prevent a country from us
- ing the Luxembourg Compromise to veto a proposal if a vital national
- interest really was at stake.
-
- Within the Council, attempts will be made to re-weight voting right
- s to reflect the size and populations of larger EU countries more acc
- urately. In exchange, there may be moves to strengthen the role of th
- e Commission and the Parliament to reassure smaller member states.
-
- Employment
-
- Fighting unemployment is near the top of the Union agenda, but only
- in the past few months has a head of steam built up to table the iss
- ue at the IGC. The initiative to inject a specific employment chapter
- to the treaty was launched by Sweden, but now has majority backing i
- n the Union.
-
- Swedes believe its presence would give the policy more weight, esta
- blishing common objectives and procedures and a joint commitment to o
- bserve certain principles in employment policies.
-
- Cynics suggest mechanisms for getting more of the EU's 18 million u
- nemployed back to work already exist in the White Paper on Growth, Co
- mpetitiveness and Employment. But political reality dictates that EU
- governments cannot consider the future without discussing an issue of
- the greatest importance to their electorates.
-
- Justice and Home Affairs
-
- Progress in this area has been minimal, yet some of the issues invo
- lved--organised crime, terrorism, illegal immigration and drug traffi
- cking--have a direct impact on the quality of the daily lives of EU c
- itizens. Like the CFSP, progress on improving the overall climate of
- security in the face of pan-European threats has been thwarted by the
- need for unanimity.
-
- Widespread agreement exists on the need for clear objectives, speci
- fic timetables and less complex working methods. Support is growing f
- or all the elements involved in crossing external frontiers--arrangem
- ents for aliens, immigration policy, asylum and external border contr
- ols--to be moved from the intergovernmental to the Community framewor
- k.
-
- But given the national sensitivity of these issues, the UK for one
- insists that they must remain matters for intergovernmental cooperati
- on to be agreed by unanimity.
-
- Source: WATSON (R.) The main issues on the agenda, in: European Voice, 21-27
- March 1996, pp16-17.
-
- HOW MUCH TIME WILL IT TAKE?
-
- The Report does not explicitly state which Member States have expressed
- which opinions, but speaks in unexplicit terms such as +Many of us;, +Some
- of us; and +One of us;. It can only be derived from the current home and
- European politics of the different Member State governments who share the
- minority and majority opinions in the different issues.
-
- Still many commentators have hinted that +One of us; is more often than not
- the British Government of John Major, that is widely believed to be held
- hostage by radical Eurosceptics in the Westminster parliament. If only for
- that political reality (and thus ignoring the fact that so far all IGC's
- have always taken more than a year) the 1996 IGC is believed to continue
- into 1997, at least until the British Government has been re-elected or
- replaced--with both outcomes likely to vastly increase the manouvering space
- for the British negotiators.
-
- Even if the IGC is finished in 1997, all proposed Treaty changes must still
- be approved by all Member States in accordance with their respective
- constitutional procedures (always involving the assent of the national
- parliament(s), sometimes with the addition of a national referendum among
- the people at large).
- ___________________________________
-
-
- Edited by Roland Siebelink & Bart Schelfhout[17]
- corrections and suggestions welcome.
-
- [Go to Table of Contents][18]
-
- *** References from this document ***
- [1] http://eubasics.allmansland.com/related.html#singlemarket
- [2] http://eubasics.allmansland.com/commission.html#qualifmaj
- [3] http://eubasics.allmansland.com/general.html#igc
- [4] http://eubasics.allmansland.com/general.html#igc
- [5] http://eubasics.allmansland.com/councils.html#eu-council
- [6] http://eubasics.allmansland.com/about.html#contr
- [7] http://eubasics.allmansland.com/about.html#contr
- [8] http://eubasics.allmansland.com/about.html#contr
- [9] http://eubasics.allmansland.com/about.html#contr
- [10] http://eubasics.allmansland.com/related.html#coe
- [11] http://eubasics.allmansland.com/about.html#contr
- [12] http://eubasics.allmansland.com/about.html#contr
- [13] http://eubasics.allmansland.com/commission.html
- [14] http://eubasics.allmansland.com/parliament.html
- [15] http://eubasics.allmansland.com/councils.html
- [16] http://eubasics.allmansland.com/councils.html#eu-council
- [17] mailto:eubasics@allmansland.com
- [18] http://eubasics.allmansland.com/index.html
-
-
-