THE GLOBAL ECONOMY
  EUROPEAN UNION
 

European Union

There was once a third organisation, the European Coal and Steel Community, but it ceased to exist in 2002. These three organisations used to have separate institutions; but in 1961 they were merged, though legally speaking they are still separate organisations.

 

The legal system imposed by the EU is correctly called EC Law not EU law for this reason.

 

Intergovernmentalism

vs.

 Supranationalism

 

A basic tension exists within the European Union between intergovernmentalism and supranationalism. Intergovernmentalism is a method of decision-making in international organisations where power is possessed by the member-states and decisions are made by unanimity. Independent appointees of the governments or elected representatives have solely advisory or implementational functions. Intergovernmentalism is used by most international organisations today.

 

An alternative method of decision-making in international organisations is supranationalism. In supranationalism power is held by independent appointed officials or by representatives elected by the legislatures or people of the member states. Member-state governments still have power, but they must share this power with other actors. Furthermore, decisions are made by majority votes, hence it is possible for a member-state to be forced by the other member-states to implement a decision against its will.

 

Some forces in European Union politics favour the intergovernmental approach, while others favour the supranational path. Supporters of supranationalism argue that it allows integration to proceed at a faster pace than would otherwise be possible. Where decisions must be made by governments acting unanimously, decisions can take years to make, if they are ever made. Supporters of intergovernmentalism argue that supranationalism is a threat to national sovereignty, and to democracy, claiming that only national governments can possess the necessary democratic legitimacy. Intergovernmentalism has historically been favoured by France, and by more Eurosceptic nations such as Britain and Denmark; while more integrationist nations such as Belgium, Germany, and Italy have tended to prefer the supranational approach.

 

In practice the European Union strikes a balance between two approaches. This balance however is complex, resulting in the often labyrinthine complexity of its decision-making procedures.

 

Starting in March 2002, a Convention on the Future of Europe will again look at this balance, among other things, and propose changes. These changes could in turn be adopted by an Intergovernmental Conference (IGC).

 





The Three Pillars

 

European Union policies are divided into three main areas, called pillars. The first or 'Community' pillar concerns economic, social and environmental policies. The second or 'Common Foreign and Security Policy' (CFSP) pillar concerns foreign policy and military matters. The third or 'Justice and Home Affairs' (JHA) pillar concerns co-operation in the fight against crime.

 

Within each pillar, a different balance is struck between the supranational and intergovernmental principles. Supranationalism is strongest in the first pillar, while the other two pillars function along more intergovernmental lines. In the CFSP and JHA pillars the powers of the Parliament, Commission and European Court of Justice with respect to the Council are significantly limited, without however being altogether eliminated. The balance struck in the first pillar is frequently referred to as the "community method", since it is that used by the European Community.

 

Why the three pillars structure?

 

The pillar structure had its historical origins in the negotiations leading up to the Maastricht treaty. It was desired to add powers to the Community in the areas of foreign policy, security and defence policy, asylum and immigration policy, criminal co-operation, and judicial co-operation.

 

However, some member-states opposed the addition of these powers to the Community on the grounds that they were too sensitive to national sovereignty for the community method to be used, and that these matters were better handled intergovernmentally. To the extent that at that time the Community dealt with these matters at all, they were being handled intergovernmentally, principally in European Political Co-operation (EPC).

 

As a result, these additional matters were not included in the European Community; but were tacked on externally to the European Community in the form of two additional 'pillars'. The first additional pillar (Common Foreign and Security Policy, CFSP) deal with foreign policy, security and defence issues, while the second additional pillar (JHA, Justice and Home Affairs), dealt with the remainder.

 

Recent amendments in the treaties of Amsterdam and Nice have made the additional pillars increasingly supranational. Most important among these has been the transfer of policy on asylum, migration and judicial co-operation in civil matters to the Community pillar, effected by the Amsterdam treaty. Thus the third pillar has been renamed Police and Judicial Co-operation in Criminal Matters, or PJCC.

 





The Single Institutional Framework

 

The three communities, and the three pillars possess a common institutional structure. The European Union has five institutions:

 

    * European Parliament

    * European Commission

    * European Court of Justice (incorporating the Court of First Instance)

    * Council of the European Union

    * Court of Auditors

 

There are also two advisory committees to the above institutions, which advise them on economic and social (principally relations between workers and employers) and regional issues:

 

    * Committee of the Regions

    * Economic and Social Committee

 

There are also several other bodies to implement particular policies, established either under the treaties or by secondary legislation:

 

    * European Central Bank

    * European System of Central Banks

    * European Investment Bank

    * European Investment Fund

    * Office for Harmonisation in the Internal Market

    * European Environment Agency

























































BY: JORGE R. DIEGO H. AND WILLIAM S.

 
   
 
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