Teaching guide 11 (2016)Ejercicio Inglés
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Teaching guide 11.
Teaching guide 11.- From the Treaty of Paris to the single European Act (19511986).
Treaty of Paris (1951). It is the treaty, signed on 18 April 1951 by Germany, Belgium, France, Italy, Luxembourg, and the Netherlands, by which they constituted the European Coal and Steel Community (ECSC), and which entered into force on 23 July 1952. It heralded the three basic institutions of the European integration process: an executive power, the High Authority with sovereign powers which was responsible to an assembly and whose decisions were monitored a posteriori by a European Court of Justice. This treaty finally expired in 2002, transferring its activities and resources to the nowadays European Union.
European Coal and Steel Community (ECSC). It was the first European Community, established on 18 April 1951 by the Treaty of Paris. It was essential to the European process of integration as it created the three basic institutions of the European integration process: an executive power, the High Authority with sovereign powers which was responsible to an assembly and whose decisions were monitored a posteriori by a European Court of Justice. Its founding members were Germany, Belgium, France, Italy, Luxembourg, and the Netherlands. It merged, along with the other two European Communities, into the nowadays’ European Union after the signing of the Treaty of Maastricht.
European Defence Community (EDC). It was a new European Community, this time with defence purposes, created on 27 May 1952, when the treaty establishing it was signed. It aimed at creating an organization of European armed forces, integrating West Germany into the European Community. It was formed by the same members of the European Coal and Steel Community, that is, Germany, Luxembourg, Belgium, France, Italy, and the Netherlands. However, it failed because finally France did not ratify it, and it was not until the Amsterdam Treaty of 1999 when Europe considered again adopting a common defence policy.
Action Committee for the United States of Europe. It was the committee created and leaded by Jean Monnet after resigning from the presidency of the High Authority of the European Coal and Steel Community because of the failure of the European Defence Community. It was established in 1955, and was a pressure group comprised of qualified leaders (politicians, trade union representatives and employers) with the authority to make decisions in their respective fields, and charged with promoting European integration.
Rome Treaties 1957. They were the treaties signed in Rome on 25 March 1957, creating the European Economic Community (EEC) or Common Market, and the European Atomic Energy Community (EAEC or EURATOM), as had been decided in the Messina Conference of June 1955, thanks to the initiative of the Benelux countries (Luxembourg, Belgium, and the Netherlands). Of the two treaties, the most important was the one instituting the EEC, as it aimed to create a Common European market based on the principle of the free movement of goods, workers, and services.
European Economic Community (EEC). It was one of the two European Communities created after the Rome Treaties of 25 March 1957. It was created thanks to the initiative of Luxembourg, Belgium, and the Netherlands, also known as the Benelux countries, at the Messina Conference of June 1955.
It was the most important one, as it aimed to create a Common European market based on the principle of the free movement of goods, workers, and services, although at the beginning it did not comprise agricultural production.
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European Atomic Energy Community (EAEC or EURATOM). It was one of the two European Communities created after the Rome Treaties of 25 March 1957. It was created thanks to the initiative of Luxembourg, Belgium, and the Netherlands, also known as the Benelux countries, at the Messina Conference of June 1955. It had the purpose of creating a specialist market for nuclear power in Europe, developing nuclear energy and distributing it to its member states while selling the surplus to non-member states.
Common Assembly (1951). Constituted in 1951, it was the legislative power of the European Coal and Steel Community, which had its first session from September 10 to 13, 1952. It was then replaced with the European Parliamentary Assembly, created in Strasbourg, on March 19, 1958. It assured the distribution of power inside the Community, with the executive power being responsible to it, thus guaranteeing no overpowering by the High Authority. At the same time, its decisions were monitored a posteriori by a European Court of Justice.
European Parliamentary Assembly (1958). It was the new legislative body of the European Communities, created on March 19, 1958 in Strasbourg, superseding the Common Assembly of the European Coal and Steel Community. It featured the same actions as its predecessor, thus watching over the executive power and with its decisions being monitored a posteriori by the new Court of Justice of the European Communities, before known as the European Court of Justice.
European Parliament (EP) (1962). It was the new name given to the European Parliamentary Assembly, formerly known as the Common Assembly of the European Coal and Steel Community, on March 30, 1962. Again, it was only a formal change, leaving its functions intact. Therefore, it was still in charging of watching over the executive body and, at the same time, being controlled by the Court of Justice of the European Union.
European Free Trade Association (EFTA). It was the international trade association created by the British in an attempt to counter the effect of the European Common Market and, therefore, not to be isolated from trade. It was a product of the Stockholm Convention of January 4, 1960, being initially composed of Austria, Denmark, Great Britain, Norway, Portugal, Sweden, and Switzerland. However, it proved to be a failure, as most of its members, starting with the United Kingdom, dropped out of it, and joined the European Community, the EEC, or the EU.
Court of justice of the ECSC (1952). Constituted in 1952, it was the judicial body of the European Coal and Steel Community. It was one of the three powers of the ECSC of that time, therefore guaranteeing the perfect functioning of the Community. It was sin charge of monitoring a posteriori the decisions of the Common Assembly, who at the same time was in charge of overseeing the actions of the High Authority. It was finally superseded on October 7, 1958 by the Court of Justice of the European Communities, established in Luxembourg.
Court of justice of the European Communities (1958). It was the new judicial body of the European Communities, established on October 7, 1958 in Luxembourg. It featured the same functions as its predecessor, the Court of Justice of the European Coal and Steel Community, thus being in charge of monitoring a posteriori the actions of the Common Assembly, at this time called the European Parliamentary Assembly after its change also in 1958.
Court of justice of the European Union (1959). Constituted in 1959, it was the new name given to the Court of Justice of the European Communities, formerly known as the Court of Justice of the European Coal and Steel Community. It remained placed in Luxembourg, and still has the same functions as its predecessors. Therefore, it is in charge of monitoring a posteriori the actions of the Common 2 Teaching guide 11.
Assembly, nowadays called the European Parliament, and also in charge of the uniform application and interpretation of the European Union law.
Executive Merger Treaty (1965). It was the treaty, signed on April 8, 1965 in Brussels, by which the executive powers of the three communities existing at that time (European Coal and Steel Community, European Economic Community, and European Atomic Energy Community) decided to merge into a single one, thus moving ahead in the process of European integration. The treaty entered into force on July 1, 1967, and after it the three communities were merged into one, as the institutions of the Parliament and the Court were already shared.
Luxembourg Compromise (1966). It was a compromise reached on January 30, 1966 by which the six Community countries agreed that a unanimous vote would be necessary to make decisions on essential issues. By doing so, they wanted to bring France again into the Community, as it was moving away from it because it was not willing to subject itself to the principle of supranationality by mere majority votes. However, this compromise was never accepted by the Commission or the European Court of Justice, and it posed a halt to the process of integration.
Schengen Agreement (1985). It was, along with the Single European Act of 1986, one of the two treaties drafted to address the problem of states continuing featuring their own legislation, and therefore posing many obstacles to the establishment of a real common market. The treaty was signed on June 14, 1985, and was intended to initiate a process leading to the gradual abolition of impediments at the signatories’ borders within a period of 10 years. In 1990 the agreement was complemented by the Schengen Implementation Agreement, which introduced the principle of the abolition of internal borders and a common visa policy.
Single European Act (1986). It was, along with the Schengen Agreement of 1985, one of the two treaties drafted to address the problem of states continuing featuring their own legislation, and therefore posing many obstacles to the establishment of a real common market. It was signed in Luxembourg on February 17, 1986, and at The Hague on February 28. Its aim was to create a Single Market in the EEC Community by 1992 by removing barriers to increase harmonization and competitiveness among EEC member states. It introduced a reform by which the European Parliament would have a real say in legislating for the first time, cooperating with the Council and extending Qualified Majority Voting to new Areas in the Council.
Common Agricultural Policy (CAP). It was a policy included in the article 39 of the EEC Treaty of March 25, 1957. It was intended to increase agricultural productivity by promoting technical progress and ensuring the rational development of agricultural production, ensure a fair standard of living for the agricultural community, stabilize markets, and assure the availability of supplies at a reasonable price.
It was essential, as without it there would never have been a Common Market, and it made all countries willing to join, as it gave states a bigger agricultural market where to sell their products, and released governments from the extreme burden of agricultural subsidies to farmers, as the expense was moved to the European Economic Community.
European Regional Development Fund (ERDF). It was created in 1975, being the first one of a system of regional funds aimed at compensate and give attention to the inequalities between the old and the new member states, and at bypassing uncooperative central governments and collaborate directly with regional interests within the member states. So it helped those poor regions which needed significant subsidies and reallocations of central aid in order to catch up with the rest and assure the success of the economic integration.
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European Monetary System. It entered into force on March 1, 1979, as an idea of Helmut Schmidt and Giscard d’Estaing, as a sort of second-best option for stabilizing the economy of the European zone, as the Bretton Woods system collapsed. It consisted on the substitution of the Deutschmark for the dollar as the stable currency of reference for European bankers and markets. Finally, this would end up in the replacement of national currencies by the euro.
a. On text 1.
1.- The European Coal and Steel Community was the first European Community, paving the way for the other European communities that succeeded it. In fact, its constitution was a great blow to the statist camp, in particular the British, as the United Kingdom was excluded from the process. It was also essential because it heralded the three basic institutions of the European integration process: an executive power, the High Authority (today the Commission) with sovereign powers which was responsible to an assembly (the current European Parliament) and whose decisions were monitored a posteriori by a European Court of Justice (today the Court of Justice of the European Union in Luxembourg). So, the ECSC represented the first implementation of the Community Method, aimed at supranationality by assigning the High Authority power that superseded that of the member states.
2.- Monnet thought that, due to the confrontation with the communist bloc and the European defensive alliance with the United States (NATO), the next step towards European integration would be the creation of a European Defence Community (EDC). The objective was to create an organization of European armed forces, integrating West Germany into the European Community. The treaty was signed by the six members of the ECSC on May 27, 1952 and was ratified by five national parliaments.
In the end, it failed because the French National Assembly, the parliament of the country that had advanced it, voted against ratification on August 30, 1954. Therefore, the issue of a European organization for defence was put on hold until the Amsterdam Treaty of 1999, where Europe considered adopting a common defence policy again.
3.- The British, after seeing the success of the EEC and the Common Market, from which they had been out, decided to create their own international trade association. The British government, conscious that they had relinquished European leadership, reacted to the Schuman plan and the further development of the first three European communities by creating the European Free Trade Association (EFTA), which was approved by the Stockholm Convention of January 4, 1960. This association was initially composed of Austria, Denmark, Great Britain, Norway, Portugal, Sweden, and Switzerland. However, it was a failure, as most of its members, starting with its creator, the United Kingdom, dropped out of it, and joined the European Community, the EEC, or the EU.
4.- After the rose to power of De Gaulle in France in 1958, he looked for the return of the intergovernmental method of integration in the European Communities, thus weakening the supranational character of them. He achieved it through the Luxembourg Compromise, which was a result of the “empty chair” policy in the community meetings followed by him, not attending them in order to block the application of the majority vote principle. Finally, the Compromise was reached by the six Community countries, who agreed that a unanimous vote would be necessary to make decisions on essential issues. Therefore, it returned power to member states and weakened Community institutions.
5.- The European Parliament, which had appeared in 1962, had its members appointed by each of the member states’ national parliaments, which meant that all members of the European Parliament had a dual mandate. However, this changed on May 7-10, 1979, when the first European Parliament 4 Teaching guide 11.
elections would be held by direct universal suffrage simultaneously in the then nine member states to elect 410 representatives. These elections marked a breakthrough, as for the first time European citizens, previously excluded from the integration process, became direct participants in determining the European authorities who would govern them. These direct elections were intended not only to make the integration process more legitimate but also to consolidate the European Parliament’s powers, prestige and influence.
6.- The Schengen Agreement was a treaty signed on June 14, 1985 by the then ten member states of the European Economic Community, near the town of Schengen in Luxembourg. It was intended to initiate a process leading to the gradual abolition of impediment at the signatories’ borders within a period of 10 years. The ultimate aim of the Treaty was the reinforcement of external border controls, which required the establishment of the Schengen Information system and the implementation of the Schengen rules of asylum. It was then completed in 1990 by the Schengen Implementation Agreement, which introduced the principle of the abolition of internal borders and a common visa policy. Irelands and the United Kingdom opted out and do not belong to the Schengen Area.
7.- The Single European Act (SEA) was signed in Luxembourg on February 17, 1986, and at The Hague on February 28. The aim of this treaty was to create a single market in the EEC by 1992 by removing barriers to increase harmonization and competitiveness among EEC member states. To achieve this, the treaty reformed the legislative procedure, introducing the “cooperation procedure” according to which the European Parliament had a real say in legislating for the first time, cooperating with the Council and extending qualified majority voting to new areas in the Council. Under this procedure the Council could, with the support of Parliament and acting on a proposal by the Commission, adopt a legislative proposal by a qualified majority, but the Council could also overrule a rejection of a proposed law by the Parliament by adopting a proposal unanimously.
b. On text 2.
8.- The countries pushing for the Messina Conference of June 1955 were the Benelux countries, especially Belgium and the Netherlands, because they had the most experience of cross-border union and the least to lose from diluted national identities. They saw that military or political integration were not feasible, and thus advocated for a change in priorities. They saw that by the mid-fifties European concerns had shifted markedly away from the military preoccupations of the previous decade, and that the emphasis should be placed on European economic integration, an arena in which national self-interest and cooperation could be pursued in concert without offending traditional sensibilities. So they put forward a range of suggestions for customs union, trading agreements and other projects of trans-national coordination.
9.- For Judt, the Rome Treaties of March 1957 were overstated because they represented for the most part a declaration of future good intentions. In it, its signatories laid out a schedule for tariff reductions and harmonization, offered up the prospect of eventual currency alignments, and agreed to work towards the free movement of goods, currencies and labour. So most of the text constituted a framework for instituting procedures designed to establish and enforce future regulations. The only truly significant innovation was the one set up under Article 177, which established a European Court of Justice to which national courts would submit cases for final adjudication, and although it would prove immensely important in later decades, at that time it passed largely unnoticed.
10.- After 1957, German interests were mixed. As they were Europe’s main exporters, they had a growing interest in free trade within Western Europe, especially because German manufacturers had lost their important markets in Eastern Europe and had no former colonial territories to exploit. But a 5 Teaching guide 11.
tariff-protected European customs union confined to six countries was not necessarily a rational German policy objective. Like the British, they might have preferred a broader, looser European free trade area. But as a principle of foreign policy, Adenauer would never break with France, however divergent their interests, so the EEC prevailed after all because of Adenauer’s compromise with France.
11.- The Common Agricultural Policy was inaugurated in 1962 and formalized in 1970 after a decade of negotiations. It made all agricultural products subject to a common pricing structure, which set target prices for all food items, and common regulations. EEC external tariffs would then bring the cost of imported agricultural products up to these levels, which were typically keyed to the highest priced and least efficient producers in the Community. The EEC would henceforth buy up all its members’ surplus agricultural output, and then clear the surplus by subsidizing its re-sale outside the Common Market below-EU prices.
The precedents of this policy are the grain tariffs of late-nineteenth-century Europe, and the neverimplemented 1938 agreement between Germany and France, among others. However, the consequences of the CAP have been the rose of European agricultural products to absurdly high levels, and the transferring of the burden of the subsidizing of the agriculture to the Community at large, thus unloading the states but at the cost of transferring it to the tax payers.
12.- Britain applied to join the EEC in 1961, despite of the recent creation of the European Free Trade Agreement, because it needed a vastly larger industrial export market than the one the EFTA could offer it. So it formally applied to join the EEC, even still looking for some influence in the European integration process. However, General De Gaulle, at that time French President, decided to veto the entry of Britain in the EEC, and did the same again in May 1967, when Britain tried to enter again.
Finally, it could join in 1973, after the resignation of De Gaulle in 1970, and at a time when Britain had lost much of its outer-European commerce, thus easing its requests for entrance. So when it joined the EEC, Britain no longer looked for an influent role in shaping European integration, neither for achieving third-party trading preference to non-EEC nations.
13.- By saying that the EEC was a Franco-German condominium, Judt means that Germany underwrote the Community’s finances and France dictated its policies, thus having the EEC as an instrument at their disposal, in which they were the ones ruling, especially when it comes about France. West German, desiring to be a part of the European Community, had to pay a high price, but for many decades Adenauer and his successors would pay that price without complaining, sticking to French alliance. Meanwhile, the French Europeanized their farm subsidies and transfers, but without paying the price of a loss of sovereignty, as they were the ones always ruling and imposing their willing, without caring about the way of doing do, as we could see with the Luxembourg Compromise. So, in France’s view, supranational administrative institutions were fine, but only if subordinated to decisions taken unanimously at the intergovernmental level.
14.- French conception of the European integration during the De Gaulle years (1958-1969) was that it had to be a supra-national administrative institution, but only if subordinated to decisions taken unanimously at the inter-governmental level, thus looking for states retaining their sovereignty and no giving up any competences. So France tried to impose its will and influence European policies. A clear example was what happened with the Luxembourg Compromise of 1966, when France used the “empty chair” policy to put pressure on the other five members until them agree to keep using the unanimity voting instead of the qualified majority one. By doing so, France provoked the first breach 6 ...