EU developement

For over half a century, the European project has promoted political and economic integration. Economically the union represents a leading trading power and a common currency. The original desire of an ‘even closer’ Europe arose from the desire to rebuild and prevent another war after 1945. Also to promote not only peace and security but also economic growth.

It was originally founded on the goal of achieving four freedoms: freedom of movement of persons, goods, services and capital. These four freedoms can also be referred to as free trade area, a customs union, a common market and an economic and monetary union. Free movement of goods is essential to the creating and running of the customs union and the common market.

A free trade area involves the removal of customs duties between member states, however the members of a free trade area decide themselves their external policies and any duties payable by third party countries wishing to export goods to those countries.

A customs union builds on above by creating a common external tariff, presenting a common position to the outside world. The same duties are imposed on goods entering the customs union regardless of where they are imported from. Once imported, the goods circulate freely as union goods throughout the union.

A common market adds to the above, the free movement of the factors of production (goods, persons and capital) and a competition policy.

An economic union would be all of the above plus the creation of a common currency.

The ambitions of the union have extended far beyond the original objectives of a common market for goods and services and now include the aim of developing common foreign and security policies.

The movement towards the integration of European countries started soon after the 2nd world war. This integration was politically and economically motivated. In 1950, the Schuman plan was devised whereby the raw materials of war (coal and steel) would be placed under the control of a organisation and so the European coal and steel community (ECSC) was created. At the same time, the move towards greater economic co-operation and the creation of a European trading area was underway. The results of these developments took the form of the treaty of Rome, establishing the European economic community (EEC) and the European atomic energy community (Euratom).

It was the EEC which had the biggest aim, seeking to create a common market and close co-operation between member states. Art 243 vested the community with the power and legal personality to pursue the following economic activities: a common external tariff, provisions for free movement of labour, business and capital, adoption of common agricultural policy, common transport policy and approximation of laws of member states, eliminate inequalities and to promote equality and take into account environmental protection.

In 1992, the treaty on European union was signed which brought into being the European union. This goes far beyond the ...

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In 1992, the treaty on European union was signed which brought into being the European union. This goes far beyond the original objectives of the EEC and seek to provide the further integration of laws and policies of member states.

The political objectives of the union are extensive, seeking to achieve European economic and monetary union, the promotion of economic and social progress, common defence controls within the union. Membership of the community expanded greatly.

So far we can see how Europe has gone from a trading block concerned with the economy after the devastation of was, into a political, law making body. Having established three treaties with different origins and differing powers, the next step was to merge the institutions. This merger came in 1965.

In 1986, the single European act (SEA) was passed. This treaty provided a timetable for realising the objectives of the original treaties, mainly the free movement of capital, goods, persons and services. The SEA included new areas such as the environment and regional development policy, consolidated the European monetary system and took steps towards greater and political co-operation and foreign policy making.

This political co-operation and foreign policy making has come up several times so far and it is something the EU is struggling to consolidate till this day mainly because of the issue of national sovereignty. It is gradually becoming real especially with the ’EU constitution’ drafted to supplement the existing treaties and to provide a coherent working ‘constitution’ for Europe. The EU is looking to be lead by an elected president and become the united states of Europe which many citizens of Europe are unhappy with. At the moment, EU member states remain individual, so to speak, and maintain some kind of sovereignty but for how much longer.

The Maastricht treaty significantly expanded the aims and objectives of the community and marked the creation of the EU. In development of the union, there has been a constant tension between those member states who see the movement towards almost total and economic union, whereby the union would take on the characteristics of a federal state, and those member states (particularly the UK) who have reservations about greater fusion in Europe and wish to retain a higher degree of autonomy from Europe. These member states prefer development to be pursued through inter-government agreement rather than movements from the centre of the union. A problem with this approach is that one country may refuse to co-operate and be undiplomatically and create further tension.

The aims the TEU were concerned with were common foreign and security policy and justice and home affairs. There were now 3 pillars which represented the structure of the union. The first pillar amended the EEC treaty (now the EC treaty). The second pillar introduced and regulated common foreign and security policy. The third pillar concerned police and judicial co-operation in criminal matters.

The TEU involved economic and monetary union as a central process towards further European integration.

The treaty of Amsterdam introduced a more flexible EU to allow closer co-operation. The treaty inserted a general flexibility clause into the common provisions of the TEU. The treaty of Amsterdam also consolidated the European convention of human rights.

From trade and rebuilding Europe, the EU has grown into recognising many issue’s, political, environmental or economic, and has tried to tackle these and continues to do so. Difficulties remain over social protocol, EMU, border controls and common defence policy. These represent some of the areas over which a lack of unity exists.

The treaty of Amsterdam reaffirmed citizenship of the union introduced by the TEU. ‘Citizenship of the union shall complement and not replace a national citizenship’.

A concern of citizenship and the union is that the union lacks sufficient democracy and is overly complex.

Because of the massive enlargement of Europe, and it is to continue growing, the constitution of Europe was designed to replace all the existing treaties with a single text, thereby clarifying and rationalising the complex treaties. To come into effect, the constitution had to be ratified by all member states according to their constitutional arrangements.

The UK stood away from the early development of the community. Instead Britain formed the European free trade area (EFTA) which was formed as a defensive action to fend off the potentially adverse effects of the free trading area established under the EEC. EFTA didn’t last very long and when the members of EFTA saw the errors of their ways, they sought to join the community.

“A day will come when all the nations of this continent, without losing their distinct qualities or their glorious individuality, will fuse together in a higher unity and form the European brotherhood. A day will come when there will be no other battlefields than those of the mind - open marketplaces for ideas. A day will come when bullets and bombs will be replaced by votes”.

Evaluating this quote, at present, the EU enjoys considerable powers, an internal market, its own parliament and also its own currency, flag and anthem. It has a citizenship but not yet a demos. The path to European unity is not straight forward. The union has deepened in order to cope with the enlargements or it can be argues that it has deepened because of the enlargements.

The union of soon to be 29 will play an ever increasingly important role in world affairs, not just economically, but politically. But it still needs to address the issues of governance and democracy. The problematic situation with turkey could be argued that it is exactly what the EU should come to terms with and create a multi-ethnic, multi-cultural and multi-religious union. The final step would be a full political union in a federal state but we still have a long way to go.

Bibliography

Foster on EU Law, Nigel Foster, Oxford University Press, 2006
Studies in Constitutional Law, Second edition, Colin R. Munro, Oxford University Press, 2005
Constitutional and Administrative Law, Sixth edition, Hilaire Barnett, Routledge-Cavendish, 2006
www.europa.com
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