The European Union: an introduction to its nature, institutions, and policies

The European Union: Nature and Characteristics

What is it?

-> More than an international organisation and less than a State Founding treaties (1957) and subsequent reforms -> international treaties that set out a political system that differs from conventional international organisations:

Scope of the EU

a. Scope -> most IOs narrow scope, EU wide range of policy responsibilities comparable to those of States with related legislative production: - acquis communautaire c. 170K pages of legal texts - keeps MSs own parliament busy for 50% of their time

Legal Quality of EU Legislation

b. Legal quality of EU legislation - Unlike international law (State to State) EU law has direct effect, i.e. most forms of EU law are binding on the MSs and/or their citizens - EU law has supremacy over national law in case of conflict

Decision-Making in the EU

c. Decision-making - While international organisations are controlled by MSs, the EU works through a mix of inter-governmentalism and supranationalism -> European Council; Council of Ministers; European Commission; European Parliament; CJEU and ECB So the EU has some characteristics that resemble a State, particularly a federal State:

Tripartite Division of Powers

a. Tripartite division of powers: - executive -> COM - legislature (bycameral?) -> European Council Council of Ministers representing the MSs, and European Parliament representing the citizens - judiciary -> CJEU

Policy Competence

b. Policy competence in almost all areas of policymaking (although also shared or limited)

External Representation

c. External representation - Member of some international organisations (eg. WTO) - As a diplomatic service -> EEAS European External Action Service

EU Citizenship

d. Has 'citizens' (since 1993) Citizens of a MS are automatically also EU citizens (rights and duties) <- > BUT Not a State in that it lacks some key powers that define Statehood:

Limitations on EU Statehood

a. does not raise own taxes; b. relies on MSs for implementation of legislation; c. citizens identification remains low (different from federal States, e.g. USA) despite efforts to introduce 'symbols'; d. no sovereignty i.e. ability to define its own powers (stays with the MSs) -> it can only exercise powers that have been conferred to the Union by the MSs (but with difficulties - see rule of law). In crucial areas e.g. taxation, defence, foreign, EU MSs retain veto.

Benefits of the EU

What does the EU do for us?

Peace & Security

Peace & Security The 'most successful peace project in human history' and Nobel Peace Prize 2012. Close economic and culture links, shared democratic values. Through the process of European integration, the EU has contributed to the "advancement of peace and reconciliation, democracy and human rights in Europe. Helped transform most of Europe from a continent of war to a continent of peace".

Single Market

Single Market The world's 'most highly developed and open marketplace' (> 500 mill citizens). It is based on the EU's five key freedoms:

1. live or work in any EU country (no visa/work permits)
2. move money
3. sell goods without restrictions (no custom duties)
4. provide services without restrictions
5. high food & environmental standards

Consumer Benefits

Consumer benefits 'Shoppers can now feel safe in the knowledge that they will get their money back if they return products. Travellers can buy train or plane tickets, knowing they can get a refund if their journey is delayed or cancelled. And the standards which goods in EU shops are required to meet are among the world's most stringent, in terms of both quality and safety'.

Human Rights Protection

Human Rights Protection for all minorities and vulnerable groups. Regardless of a person's nationality, gender, language group, culture, profession, disability or sexuality -> equal treatment for all.

Global Power

Global Power EU countries acting in unison have much more of a voice -> political clout. With regards to trade, EU regulatory and product standards are adopted worldwide as the global norm.

Challenges and Contestation

Increasing Contestation

Increasing contestation Legitimacy and democratic quality Widening and deepening of integration but with lack of public's widespread participation and recent increase of Eurosceptic parties/voters -> questions re. democratic deficit from economic/ output legitimacy (market integration supplemented by ad hoc support for those potentially left behind) -> to more political/input legitimacy (since the 1990s, because economic gains not equally distributed) ... but struggling to emerge (EP co-legislator, Spitzencandidaten, Conference on the future of Europe). -> Currently the EU is facing 'undeniable difficulties in securing both output and input legitimacy'. Politicisation of the EU in domestic politics -> A wake-up call or the start of disintegration?

EU Institutions and Functions

9/11/2023 PUBLIC MANAGEMENT AND MLG EU institutions and their functions

• European Commission
• European Parliament
• European Committee of the Regions
• Council of the European Union (or of Ministers)
• European Council
• (European Court of Auditors)

The Policy Cycle

The policy cycle -> A heuristic model Caveats: in reality

• not discrete steps
• not always in sequence
• overlaps -> multiple policies pursued at the same time in a single domain (coherence esp. in EU policies)
• multiple policy cycles at the same time ... (garbage can)

-> Not basis for a single (casual) grand theory but rather inspiration for different theoretical approaches to examine distinct phases

Types of Actors in EU Policy

Three types of actors:

1. politicians -> legislators or in government = key decision-makers (members of the European Parliament; in the member states);
2. bureaucrats -> advise politicians in government; take some decisions; implement (administrators in the institutions; councillors);
3. interest groups -> they seek to influence decisions, promote policies, sometimes implement diverse in resources and capacities.

-> These actors are incarnated in institutions Interaction of multiple actors common ... but different roles of actors within the EU policies than in domestic context, e.g .:

• commission officials have a greater role in agenda-setting and policy formulation and less in implementation than in MSs;
• MEPs more confined than domestic MPs;
• national ministers play a role in adopting legislation and oversee transposition of EU decisions in national laws;
• european interest groups are generally associations of national associations, ETUC, BusinessEurope (agreement more difficult);

-> In EU also EU supranational institutions -> COM, EP, CJEU.

Institutional Design Origins

The institutional design of the EU stems from original communities ECSC (1951), ECC (1957), Euratom (1957) all had their institutions which were merged in 1969

• European Commission -> collective executive
• Council of Ministers -> a collective representing MSs

. Court of Justice - mechanism for arbitration and legal interpretation

• A European Assembly (EP) -> initially drawn from politicians in the MSs, since 1979 elected directly
• Plus ESC and since 1990s also the COR

-> Powers defined in the Treaties and periodically revised -> Shifting balance of power

The European Parliament

THE EUROPEAN PARLIAMENT The institution that has changed the most since 1957 -> from Assembly made of representations from national Parliaments of MSs to fully fledged directly elected Parliament with legislative and budget functions. Source of democratic legitimacy complementing Council (MSs) and Commission. 705 MEPS (were 751 before Brexit) -> overall progressive extension due to enlargement

• Degressive proportionality: no less than six and no more than 96 (Italy has 76)
• Each country decides on the form its election will take but must guarantee equality of the sexes and a secret ballot
• Voting age is 18, aside from Austria, where it is 16
• c. 40% MEPs are women (next slide), growing
• MEPs are grouped by political affinity, not nationality
• MEPs divide their time between: (i) their constituencies, (ii) Strasbourg - 12 plenary sittings a year - and (iii) Brussels (additional plenary sittings, committee and political group meetings). (iv) Some offices are also in Luxembourg
• Terms and conditions for Members are laid out in the Statute of 2009 and a 'Code of Conduct'

Increasing MEPs

Discussion to increase the number of MEPs There is a huge problem of trust in the European Union

MEP Gender Balance

MEP's gender balance by year - After each election (there are changes in between one election and another) - There is an increasing percentage of woman, however is still below the 50%

Political Groups in Parliament

Political groups in the European Parliament Since 2009, according to Parliament's rules of procedure, a political group shall consist of at least 25 Members elected in at least seven Member States.

EP Functions

> EP FUNCTIONS

Legislative Functions

Legislative

• Passing EU laws, together with the Council of the EU, based on European Commission proposals
• Deciding on international agreements
• Deciding on enlargements
• Reviewing the Commission's work programme and asking it to propose legislation

Supervisory Functions

Supervisory

• Democratic scrutiny of all EU institutions
• Electing the Commission President and approving the Commission as a body. Possibility of voting a motion of censure, obliging the Commission to resign
• Granting discharge, i.e. approving the way EU budgets have been spent
• Examining citizens' petitions and setting up inquiries
• Discussing monetary policy with the European Central Bank
• Questioning Commission and Council
• Election observation

Budgetary Functions

Budgetary

• Establishing the EU budget, together with the Council
• Approving the EU's long-term budget, the "Multiannual Financial Framework"

Modus Operandi of the EP

Modus operandi Works via committees (22) with number of MEPs ranging from about 40 to about 140. Committees have become more crucial in parallel with the expansion of the EP's role (Treaty of Lisbon -> co decision). Committees -> 'dossiers'

• examine proposals
• suggest amendments
• propose the revised proposals to the plenary (more or less 'take it or leave it')

Key Actors in the EP

Key actors

• Rapporteurs, shadow rapporteurs, group coordinator (or group whip) -> rapporteurs, who are in charge of the examination of each dossier and debate with the committees, shadow rapporteurs from political groups that are not the majority, group coordinator (or group whip), who are representatives from each political groups who tell members how they should vote the different dossiers (lobbyists in particular).