The European Union: historical evolution, institutions and relations with member states
نویسنده : Ali Reza Jalali
Ali Reza Jalali is a phd student in Constitutional Law at the University of Verona (Italy) and a researcher of Eurasia-Mediterranean Studies Centre (Italy)
The process of European integration has seen ups and downs, but it is well-established , barring the way to any return to the past. The problem of the democratic deficit and the lack of sovereignty, however, call for a serious reflection on the European institutions, often not very close to the needs of citizens. The role of the European Parliament then it is too marginal, giving so much power to the no democratically legitimized bodies, as Council of EU. In all this, the limits to military sovereignty imposed by the U.S., make the European Union very vulnerable.
The historical evolution of the EU
The contemporary period in the European continen, especially in the western half of this geographical area is characterized by the absence of armed conflict on a large scale. In fact, since the end of World War II to the present, or for 7 decades, in Western Europe there has been no great wars between nations, and all the phenomena of armed struggle, from separatism in Spain and Great Britain, to ideological terrorism in Germany, France and Italy, however, have had a fairly low profile, when compared with the phenomena of terrorism today in some areas of the globe, such as the Middle East, where intestines clashes in various countries, cause every day tens of attaks. Comparing then the last 70 years without great conflicts with other eras in Western Europe, but in the same context, we realize how this European pax is a rarity. If we think about it, it is diffcult to find another such a long period marked by stability and peace. This is the main and more positive fruit than ever of that we now call the European Union. In fact , since the beginning of the formation of this particular entity, a third way between a federal state ( like the U.S. ) and an international organization ( like the UN ) member states have never been involved in conflicts between them . Throughout Europe itself, the only real conflicts since the end of World War II have been articulated by countries that at that moment they were not part of the EU: an example of this is the bloody war in the Balkans, i.e. the worst conflict in Europe since the defeat of Nazi Germany in 1945. Precisely for this reason experts believe the key to peace in the Balkans, is the entering of thouse countries in the EU. Therefore understand how European integration is an asset and not a threat, and the good of peace is something too important because you may have a superficial judgment of the EU. This does not mean that there are no criticisms to make about EU and its institutions. The criticisms should be constructive, however, and a simple rejection of the understanding of this complex phenomena, it is not desirable nor affordable for the future of the Old Continent . Only a unified Europe can have a voice in international dynamics . To think that the European states individually can count for something on the world stage, in the midst of giants like the USA ( first economy in the world with 300 million inhabitants) , China (more than one milirado inhabitants, as well as the second global economy ) , India (more than one billion inhabitants, among the top four economic powers of the world ) or Russia ( largest country in the world with more than 100 million inhabitants and a nuclear potential is comparable to that of North America ) is a big utopia. Not even Germany alone may be able to trouble these behemoths, not to mention other countries. The answer to the complexity of world politics is a united and independent , not occupied militarily and economically integrated Europe. That said, if you want to make criticism of the European Union and its institutions in a serious and constructive way, the main question to be addressed is the lack of connection between the leaders of the Union, its institutions and citizens. Taking the example of Italy, the turnout in the european elections is very low. In the European elections of 2009, for example, the turnout was 65 percent , well below the Italian average; for exemple in the national elections, it never fell below 75 percent (parliament's election). This disaffection derived from the opposition to the European institutions , not related to the people and to the electorate. In fact, the only body elected by the people is the parliament of EU, but, in contrast to the national parliaments, has no real legislative power, but at most, in some cases, it is required only an opinion or supervision for decisions that are made in other contexts , such as in the Commission. To understand the mechanism , however, and this lack of democracy , we must understand the powers of the European institutions, both in the relationship between the various entities and institutions (Parliament , Commission, etc. . ) , both for what concerns the division of competences between the Union and member states. But before that will serve a short summary from the historical point of view , to better understand why we came to have this kind of European institutions today. What we now call the European Union is the result of a historical evolution. First we have to remember that when we proceed to a union between different countries or regions , it is important to understand the method used to finish off that unit . For what was the prototype of the EU , namely the European Coal and Steel Community, established in Paris in 1951, he chose the so-called integrative method , based on a few key points :
- Prevalence of the organs of individuals who do not represent a state, but themselves
- Prevalence of majority rule aimed at overcoming vetoes and then the block of the integration process
- A wide margin to adopt binding acts and acts not only in character of advice
- Legal control, aimed to supervise the effective implementation of a mandatory act, with a system of sanctions in case of infringement
This method, was born thanks to a famous speech given by the French Foreign Minister Robert Schuman in 1950. He said : "The contribution that a organized Europe can bring to civilization is indispensable to the maintenance of peaceful relations. [...] Europe will not be made all at once, and will not be built all at once. It will gain concrete achievements only bu a de facto solidarity . " Not surprisingly, the date on this important speech , May 9 , is remembered as Europe Day . The building of the European Coal and Steel Community consolidating strategic sectors of the European economy; in this way member countries promote further progress , to integrate not only economic , but also political and military issues of the Old Continent . In 1957 was born in Rome, the European Economic Community ( EEC true ancestor of the current EU) , together with the EAEC ( European Atomic Energy Community ) . The European Union itself , however, was born on February 7, 1992 with the Maastricht Treaty. From this moment on, the integrative system becomes more complex , as it affects not only the economy , but has a general character, which covers various aspects . The ratification of the Lisbon Treaty , the last stage , to date, the integration process is the final realization on the part of member states are no longer able to cope alone with all the new problems that know no borders . To cope with and respond to the concerns of citizens need a collective effort at European level. However , in order to cope with these challenges, Europe needs to modernize. Must have consistent and effective tools that are suitable not only for the functioning of a European Union, recently passed in 28 states , but also to the rapid changes of today's world . The rules of common life , established by the treaties , must therefore be renewed. This is the objective of the Treaty signed in Lisbon in December 2007. Taking into account the political, economic and social issues and wanting to respond to the aspirations of the Europeans , the Heads of State and Government have agreed new rules to governing the scope and modalities of future EU action . The Lisbon Treaty allows therefore to adapt the European institutions and their working methods, to strengthen the democratic legitimacy of the Union and to consolidate the fundamental values that of Europe. The Lisbon Treaty is the result of negotiations carried out by the Member States within an intergovernmental conference. The treaty was ratified by each of the 28 EU countries. In accordance with Article 6 of the Treaty of Lisbon, the text came into force on December 2009. Today , therefore, the European Union embraces a large number of countries that have reached a high level of legal uniformity , suffice to say that right now the EU law is the main source for the legal systems of member countries.
EU institutions: the problem of the democratic deficit
Within the European Union there are institutions , similar to those that are in the national constitutional powers of the state. Within the EU, we have in particular: the European Parliament , the Council , the Commission , the Court of Justice and the Court of Auditors. The first three bodies have a political nature, while the other two are courts that have a legal power. Here we will cover the first three. In addition to these institutions operate numerous committees with different tasks, not to mention many other organs. First of all we can talk abouut the European Parliament; the members of this assembly are elected by direct universal suffrage, for a period of 5 years . Elections are held in each member country and the number of representatives is proportional to the number of inhabitants of each state. In each country, the electoral system for the European elections is different , for example, in Italy we have a proportional system with the ability to put on your preference, with a low minimum threshold that allows even minor political forces to have representatives in European assembly. The parliament building is either in Brussels or in Strasbourg and Luxembourg. The powers of the European Parliament, although not all exercised independently, but rather mostly shared with the Council; in fact this last one, is the heart of legislative power in the EU, and the problem is that the Council is not a democratic elected body. The main functions of parliament are due to the exercise of political control over the Commission by written and oral questions and the instrument of motion of censure. The examination of the Commission's legislative proposals. The approval of the annual budget of the Union, together with the Council of the European Union , the appointment of a body with a specific task due to complaints and malfunctions bodies (inspectors), so in defense of the rights of European citizens, and the establishment of commissions of inquiry. The main problem of the parliament is the fact that its functions can not be exercised individually, is used to force the thing with the involvement of non-elected democratically bodies, as the Commission or the Council. Scholars talk about a real democratic defcit. For example, the well-known italian professor of EU Law, Luigi Daniele, said: "Just as it was originally conceived, the institutional structure of the EU does not meet the principles on which are based the modern states. Specifically, it is not adhered to the principle parliamentary democracy , since , as we have seen, the institution with greater powers , including the power to adopt legislation, it is the Council, which is composed of representatives of the Governments of the Member States. Council therefore is in represented the executive power of each member state and not the legislature." From the notes of Prof. Daniele we understand that the center of the European institutional system is not a democratically elected body such as the parliament, but one appointed by the various national governments, such as the Council , to be honest a similar argument also deserves Commission. If the Council is a sort of legislative power of the EU, undermining , or at least relegate the parliament to an organ of control and supervision , the Commission, each appointed by the various national governments, can be described as the executive of the Union. The problem of the democratic deficit , however, was dealt with by the European institutions . We can not deny that there are in fact growing and progressive opening of the treaties in the direction of the affirmation of the democratic principle . In this regard , however, another italian expert, Paolo Ridola , is expressed in the following way: "The difficulties and questions arise , however, when you want to go to analyze what are the characters, the content and scope of the democratic principle in European level. This is due to the fact that the democratic principle has essentially made by the experience of the nation state: an experience built on the model of a sovereign state. " Then , without sovereignty , it will be difficult to realize an ideal synthesis between European institutions that are undemocratic and a popular feeling of belonging, not only geographical but also institutional, to the European Union. It is not just a vague reference to the category , perhaps demagogic , of a "Europe of nations", but is a definite need to make more sympathetic in the eyes of European citizens, entity who perceived as unnecessary, expensive and inefficient. Only a Europe in which the people are sovereign has a future, otherwise , the only legal uniformity, can not build a European identity itself .
European Union and Member States: the distribution of powers
Now the member states, in legal terms, are very much related: European Union regulations and directives, are the foundation of what would later national parliaments approve. The absolute majority of laws passed in Italy for exemple derives from the impulse of the European institutions . The same is true for the other member countries. The Lisbon Treaty clarifies the division of competences between the Union and the member states. For exemple only the EU can make law in some issues: the main issue is the monetary politics. In some cases we have a cooperation in making law between EU and member states. For exemple in this cases: social policies ,environmental policies, consumer protection and energy policies. In addition, the economic crisis has further weakened the bargaining power of member countries, thereby strengthening the European Union. The austerity policies imposed by the EU to countries like Italy , make it even more complex the relationship between citizens and institutions. The system of powers excessively tilted in favor of the EU has created tensions. About this the italian expert of law Vincenzo Sbrescia said: " The gradual expansion of Community powers (which had produced the excessive expansion of the tasks and powers of the EU decision-making level ) and the tendency to further expand the regulatory domain of the European institutions have underline the need to balance the regulatory powers between the EU and Member States. Such dynamics have put a strain on the sovereignty of individual States , through the transfer of regulatory powers and competences to the supranational European level have given rise to a kind of shared sovereignty but potentially conflicting".
The future of EU
From our brief summary and analysis it is clear that the fundamental problem of the European Union as it is structured today is based on two points: the lack of democracy and the excessive legal power of the EU. The lack of democracy is a factor directly attributable to the concept of popular sovereignty. Without a democratic and strongly legitimized by the people institutions, Europe cannot be a great power. Excessive enlargement of the Community legislature then , arising from entities not democratically elected , is a further element of alienation of the masses against the leaders of the Union. How to solve these two weaknesses of Europe as an institution , that is going to create a Europe not only institutional , but also popular ? The answer is obviously complex and difficult . Here we can only speculate . To be a real entity capable of having a voice in the world and be prestigious in the eyes of the Europeans should also become a political and military power, not only legal and economic . In Europe we have two factors of weakness: internal and external . The factor of internal weakness is failure by a synthesis of the various national instances . You see it often in the context of European foreign policy. Suffice it to quote the recent cases of the war in Libya and the Syrian crisis . In the first case the Union has dramatically fragmented , with the UK and France that led the attack on the African country , while Italy is due to bending, against his will, to the diktat of the Paris - London axis. Germany on the other hand has maintained a position of neutrality almost . In Syria we saw again the axis of France-UK support the rebels in a massive way , with a certain sympathy also to the direct intervention on the Libyan model . Italy has mantained a more cautious approach , pressing for a peaceful solution of the crisis, and the same goes for Germany. As long as there are these divisions , it is difficult to see a politically influential. Not to mention the aspect of military occupation Europe. This point is linked to the sovereignty and the democratic deficit . Without the liberation of European soil by the military occupation of the United States, there will never be a free European Union . This is the second problem, the external problem. It would be childish to think you can solve the problems of sovereignty only through a strengthening of the European Parliament , with greater powers in the legislative field. What would a European parliament to bring, if the real decisions are taken not so much in Brussels, but in Washington? The Europeans should understand that they have to throw the eye beyond appearances, the European institutions are not the problem , but only a manifestation of a much bigger problem , called the occupation of Europe by myriads of U.S. military bases . Who wants to work for a great Europe , economically, politically, militarily , must understand that the EU is not the problem: you have to be a strong and sovereign , closer to the people EU. The first step ? Start to promote a better relationship with east and the Mediterranean. A common security policy with neighboring nations , would help to solve many practical problems of people. The excessive bargaining power gained by the EU against member states in the legal field is another question to be solved. People continue to perceive unjust decisions taken unilaterally by the EU, especially for what concerns the austerity policies related to the economic crisis . But from here to want to destroy everything , the road is very dangerous. The crisis, also teaches us the experience, not be resolved to return to the status quo ante, but they all have in common the characteristic of producing important - and often irreversible - consequences in the environments on which they fall : the direction of these effects depends on the ability of actors to govern the processes . No Turning Back . We must start from what we have , which is a European Union which , however, has ensured peace on the continent.