However, in the 1960’s Britain’s economic performance began to falter, large numbers of former and current colonies began to leave the commonwealth and the Americans, who the British had once believed would rely on Britain’s considerable diplomatic ability began to peruse their own increasingly distinct foreign policy. Britain looked on enviously at the increasing growth rates of the ECC six, and noted that “the fastest growth in world trade was between industrialised states” whilst Britain’s trade was “oriented much more toward the [largely un-industrialised] Commonwealth than towards [industrialised] Western Europe”
On July 31st 1961 British Prime Minister Harold Macmillan gave a speech to parliament signalling the intention to apply to the EEC for membership, the formal application presented to the EEC on the 9th of August. "Macmillan's main tactic was to establish an understanding with [Charles] De Gaulle”, President of France since 1958 “whereby both countries, with the support of the USA, would sustain each other's sovereignty and establish themselves as the joint leaders of Europe”(3) However, “Macmillan's big hope was that an offer of nuclear weapons co-operation to De Gaulle would prove decisive”a deal where Britain agreed to buy American Polaris Missile meant that “With De Gaulle trying to establish French, and ultimately European, strategic independence from the USA, the British offer was now worthless.” (3)
De Gaul never accepted British membership of the ECC; a further attempt was made under his presidency which he also rejected. He believed that Britain in the ECC would act as a “Trojan Horse” (4) for the interests of the United States. In a speech at the Elysee Palace on the 14th of January 1963 he declared his opposition to British membership, “[Britain] is maritime, she is linked through her exchanges, her markets, her supply lines to the most diverse and often the most distant countries; she pursues essentially industrial and commercial activities, and only slight agricultural ones” He continued to say that Britain’s dependence on imported food stuff were “obviously incompatible with the system, which the Six have established quite naturally for themselves”. (5)
However De Gaul can be accused of being negatively biased towards British membership, which he believed would make his ambition to become the leader of the European community unobtainable.
After De Gaul’s resignation in 1969 and a process of budgetary negotiations French President Georges Pompidou and the leaders of the other ECC nations opened the way for British entry on the 1st of January 1973. “The EEC and the United Kingdom together would constitute a major force in the world economy and have a strong negotiating position in international discussions' and `the EEC would also benefit from a substantial British asset-the financial expertise of London” (6)
2. A) why was the Lisbon treaty introduced b) how has the Lisbon changed structure and powers of the EU institutions?
The Lisbon treaty came into force on the 1st of December 2009, following the signing of the document by EU member in December 2007. Following the failure of the proposed European Constitution to be ratified in 2005 a “Period of reflection” Was proposed in order to decide what direction the European Union should take in the future. In 2007 the rotating presidency of the European Union passed to Germany, who were determined to push forward with another treaty to further centralise the EU. In March 2007 the EU member states agreed the ‘Berlin Declaration’ outlining the intention to have a new treaty ratified by mid 2009. The new treaty was intended to streamline the EU by giving greater power to the European Parliament giving greater control over legislation, budgetary matters and removing a number of veto powers from member states. The treaty was designed to increase the legislative efficiency of the European Union, making it easier for laws to be passed. The Complicated voting system of the treaty of Nice, where three different conditions had to be met for a vote to be considered a Majority are to be reduced under the treaty to a simpler requirement that 55 per cent of the member states representing 65 per cent of the Union’s population agree.
In a move to further centralise to smooth the wheels of European politics, the office of president was created by the Lisbon treaty. An almost entirely political role involving “preparing the work of the European Council, organising and chairing its meetings, seeking to find consensus among its members and reporting to the European Parliament after each meeting” (7)
Lisbon also created the post of The High Representative of the Union for Foreign Affairs and Security Policy, the High Representatives role includes coordinating and negotiating the European Unions foreign policy with other states and supranational organizations. The creations of this office lead to some tensions within the EU as national foreign ministers were uncertain of their role in relation to the significantly more influential High Representative.
“Currently, the European Parliament has joint lawmaking power with the Council of Ministers over about 75% of legislative areas. When the Lisbon Treaty enters into force, co-decision will be extended to virtually all areas of EU policy.
“The European Parliament comprises 785 MEPs from across the union; under the treaty, this will be permanently reduced to 751. The number of Irish MEPs will drop from 13 to 12.” (8)
3) Explain how the EU laws impact on the British constitution?
The biggest impact that membership of the EU is that, arguably, the Parliament of the United Kingdom is no longer sovereign, If a law is passed by the European Parliament which effects the UK, such as the Common Fisheries Policy, the Government of the UK is obliged to accept and uphold the legislation. Similarly within the legal system the argument between upholding the laws of the UK and subscribing to EU acts such as the Convention on human rights often causes political tension within the UK. The UK’s inability to deport the radical cleric Abu Qatada was a result of the European Court of Human Rights (established by the EU convention on Human rights) blocking his deportation due to fears he may become a victim of torture in his native Jordan.
Another case that has highlighted the primacy of EU legislation over UK Parliamentary Legislation is that regarding the voting rights of Prisoners. An almost universally unpopular proposition amongst both the general populace and the political classes of the UK, this issue has created cross party consensus within Parliament and Prime Minister David Cameron has vowed to fight this directive. However with the Council of Europe urging the coalition government to accept the decree, it will not be an easy task regaining this piece of legislative sovereignty.
4) Compare and contrast the powers of the European commission and the European parliament. b) What is the role of the European court of justice?
“The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union” (9) The commission works in a similar way to the executive body of the UK, the cabinet in that it sets the legislative agenda that will be debated by the European Parliament, as well as being responsible for the EU’s budget.
Before the Lisbon treaty the executive power of the EU was held by the council of Europe who conferred executive power upon the commission. Since the treaty however the Commission exercises its powers based on the power given to it by various treaties, Including Lisbon. The commission is limited in that it is not responsible for diplomacy or foreign policy which is the remit of the European council. It is also dependent on The European parliament to pass the legislation which it proposes.
The European Parliament, in contrast to the Commission is directly elected and is the legislative branch of the European Union. Whilst it cannot propose legislation itself it has the final say on what legislation passes and also exercises an amount of power over the budget of the EU. The European commission is accountable to the parliament and the leader of the commission is elected by members of the European parliament. Whilst the Parliament cannot veto new treaties it wields considerable influence, and has previously persuaded national parliaments to veto proposals, such as the Treaty of Nice
The European Court of Justice’s main remit is to interpret the laws passed by the parliament. It is the Highest Court of the EU in matters of Union law, however it is not possible to appeal cases made by national courts to the ECJ. However, whilst one of its main roles is to answer questions posed by national courts regarding EU law it is ultimately up to national courts to apply the resulting interpretation to the facts of the case. One of the main responsibilities of the ECJ is to ensure that the advice given regarding EU law is consistent across the union.
1(Robert Schuman; 9 may 1950; The Schuman Declaration)
2 (http://80.251.40.59/politics.ankara.edu.tr/hdogan/essays/essay1.html)
3 (Sutcliffe, op.cit., p. 232. http://80.251.40.59/politics.ankara.edu.tr/hdogan/essays/essay1.html)
4(George, op.cit., p. 35 http://80.251.40.59/politics.ankara.edu.tr/hdogan/essays/essay1.html )
5(Charles De Gaul; 14th Jan 1963; Speech at Elysee Palace)
6(Johnson et al, op. cit., p. 17 http://80.251.40.59/politics.ankara.edu.tr/hdogan/essays/essay1.html
7(http://en.wikipedia.org/wiki/President_of_the_European_Council#Duties_and_powers)
8 (http://www.independent.ie/national-news/lisbon-treaty/the-lisbon-treaty-for-dummies-1376340.html)
9 (http://europa.eu/about-eu/institutions-bodies/index_en.htm)
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ibstudent325 (student)
