The European Union (history of it, treaties, EU integrations theories, EU institutions)
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EU INTEGRATIONS THEORIES:
generation three of EU theory 1960-1980-1990:
-1960 grand theory explains integration, process of EU.
-1980-1990 middle range approaches, mosaic of "EIT" this theory explain and analyze the outcome of the EU integration,
-generation 3, THE EU integration from 1990 to today, they studied the EU governance and the EU as a polity and the contention of institutionalism.
generation two the middle range theories 1980:
that focused on the outcome of EU integration (functioning).this theory touching on how the integration worked,
-policy analysis: looking on the functioning of policy making and policy cycle and networks and also adopt methodological approaches.
-New institutionalism: (institution matter) the basic idea of it how institutions impact on the government of EU, also mention the variants of new institutionalism such as:
-(Historical, rational choice, sociological)
generation one: neofunctionalism and intergovernmentalism:
attributes of neofunctionalism:
-concepts of state is more complex.
-the activities of interest groups and bureaucratic actors are not confined to the domestic political arena.
-non-state actors are important in the international politicos.
-European integration evolved through spillover.
intellectual background of neofunctionalism:
-working peace theory.
-it is not a theory of European integration.
-it is not aligned with the idea of European federalist.
neofunctionalism sees pragmatic nesseccity of institutions and also functional, functionally specific institutions to fulfill state's tasks.
generation one: neofunctionalism and intergovernmentalism, for "neofunctionalism" why integration took a place their answer is integrate to integrate father ( they started small project with the intention to integrate more.
intergovernmentalism the integration was for the purpose of maximizing the utility and benefits of states.
Main topic
EU'S treaties:
1987:SEA
1993: Maastricht. ON EU
1967: brussels treaty, unified EU institutions.
1952: pairs treaty ECSC.
1958: Rome treaty ECC.
1993: A'DAM, high representative+ ESDP.
2003: NICE COPING WITH ENLARGMENT.
2009: Lisbon (EC+EU=EU)
history of EU
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2004, 2007, 2013
10 new EU members joined, 2007 Bulgaria and Romina joined, 2013 Croatia joined.
2002
Copenhagen agrees to a big enlargement of new 10 countries.
1998
formal negotiations, enlargement begin.
1992
defining the criteria to join the EU such as, democracy, function market economy, and the ability to implement the EU laws.
1989
the fall of berlin wall, and the end of communism
Rome treaty 1958
"EEC" was established and also "EURATOM".
1950,54
European defense community was established, 1954"WEU" was established.
Paris treaty 1952
The first step was for establishing EU through create ECSC.
EU institutions:
-EU council.
-EU parliament
-council of ministers.
-EU commission.
-court of justice-court of auditors.
-economic social committee.
-committee of the regions.
-European investment bank.
-agencies.
-European central bank.
JUDUCUARY, "COURT OF JUSTICE OF THE EU: there are 2 kind of justice: 1- court of justice. 2- general court.
notes: if you are a company and you feel that you are harmed because a decision by EU institutions you can go to the general court. but if you are a citizen you will go to the national court or European commission and the commission will transfer it to the court of justice.
the court of first instance: created in 1988 it is a part of the "CJEU" also have 1 judge from each country but since 2019 judges increased to be 2 judges from each country.
the purposes of establishing this court are:
-it takes care off the complaints of citizens, institutions, and organizations such cases related to trade and competing.
-also to help the court of justice with the large number of cases.
-and to offer citizens better legal protection.
-separate in disputes that happened between the EU and its civil service.
- listen to the individuals and companies who wants to object on a decision made by any INSTITUTIONS against them.
-also deals with cases that brought by a states against a specific decision made by the commission.
1- court of justice: established 1952 this court consist of 27 judges, 1 from each country plus 11 advocates general those advocates support the judges, all of them are independent.
this court is responsible for:
- big role in monitoring implementation.
-ensuring EU law is respected and interpreted also applied by all the EU member states.
-ensure that each institutions is abiding the EU law.
- settles legal disputes between national governments and the EU institutions.
-help the national judge if needed to apply the EU law.
-ensure that all the citizens of EU are enjoy the protection of EU law.
in the court of justice each case assigned to 1judge with 1 advocates general.... cases are processed in 2 stages:
1- written stage that include the statements of both parties, and observations can be submitted through national authorities.
2-oral stage- public hearing: both parties explain their cases to the judges and advocates general who can ask them.
3-general court procedure: have the same procedure but the cases are heard by 3 judges and they do not have an advocates general beside them.
what is the court do: the court of justice gives rulings on cases brought before it, the most common cases are:
1-interpreting the EU law "preliminary rulings": national court are required to ensure the law is implemented, and if there are different courts interpret it differently they can ask for carination.
2-enforcing the law "infringement proceedings": if a state did not apply the EU laws it has to correct their path, on the contrary, measures are being taken against the state by the EU committee or another EU counrty.
3-annuling EU legal acts "actions for annulment": if an EU state violate a EU treaty or essential rights, the court of justice can be demanded to annual it.
4-ensuring the EU takes actions "actions for failure to act": measures have to be taken by the EP or the council and commission under certain conditions. if they won't take a decisions, EU governments and institutions or individuals can complain to the court.
5-sanctioning EU institutions "actions for damage": if there any harm or damage that effect the citizen's interests as a result of the action or inaction of the EU institutions, actions can take through the court against them.
note: much of legislation adopted by the EU is not addressed directly to the citizens but applied by the legal institutions.
EU COUNCIL: formalized with Lisbon treaty. This council is made up of the heads of member states and government of the 27 EU countries, assisted by foreign ministers, president of committee, and the president of EP, meets 4 times a year. and the president of this council who holds meetings is elected for 2 and half years. and decisions of this council mostly takes through consensus. but in some cases that it decides by unanimity or by qualified majority.
is responsible for:
- setting the EU's political agenda, direction and its priorities.
- dose not negotiates or adopt laws unlike the council of the EU.
decision making in the EU council:
the committee proposes new law> than there will be a debate in the COUNCIL+EP than go to the working groups "complex matters" they identify the problem and respond to EP. than go to coreper which will prepare meetings and the EU council will take the final decision through:
-majority.
-unanimity.
qualified majority.
THE permanent representatives of committee or "coreper" : made up of representatives from each country of the EU and also with a representatives with an ambassadorial rank.
it is responsible for:
-prepare the work of the different council configurations.
-oversee the committee work "ensure enforcement of the EU's policies".
the council of the EU "of ministers": voice of member states include 1 minister from each EU states, ang the council presidency rotates every 6 months. most of the council decision made by "double majority" because the decision must at least have the support of 55% of the EU member states, member states that represent 65% of the EU's population. this council is intergovernmental element and also is a key decision making. the legislative politics of this council can be done through interactions between the council of the EU and the EP within the institutional triangle.
this council is responsible for:
-adopts with the parliament, EU commission, the budget.
- adopts and vote on EU laws legislation together with the EP.
-coordinate policies in certain areas and adopt the EU's common foreign policy and also security policy and international agreements.
note: summit of EU council of the heads of states held at least 4 times a year. which sets the overall guidelines for EU policies.
the EU parliament "the voice of people": EP is the only directly elected EU body every 5 years. is responsible for:
- shaping the policy of EU..
-decide the EU laws legislation and the budget "funds" which is the key prerogative of the EP with the council of Europe Union. and pass these laws that based on European commission proposals.
-democratic scrutiny of all EU work and institutions.
- deciding on many topics such as, freedom, agreements, education, and economy.
-determine the EU priorities.
- sets multiannual financial framework and monitor the correct use of funds.
structure of EP:
-conference of presidents
president, 14 vice presidents
-leaders of political groups.
-plenary session: once(month,76,MEPs,strasbourg)
-permanent committees: technical, legislature work
Subtopic
note: EPS organize themselves into a political group, that include representatives from different EU countries based on their political affinities. according to the parliament law, a political group must be composed of at least 25 Members. and they can only join to 1 political group. if a member won't join a group are then so-called non-attached member. but currently 7 members fulfill the criteria to sahpe a group.
the European commission (EU voice): consisting of a group of politicians, have 27 commissioners,1 each country. each EU state members have 1 president with one 1 commissioner they are bound to act independently , they are responsible for specific cases. the commission elected by the parliament for 5 years. its decisions made by consensus.
it is the executive of EU. it is responsible for:
-initiating and proposing laws also programmes and enforcing legislations "EU laws" as well, and managing the EU's policies agendas.
-mange the budget of the EU and organize the EU financial situation.
-the trustee of states.
-represent the EU globally. and also protect the EU and its citizens interests.
