Master in European Integration and South East European Law LL'M'

1
Deepening and Widening of the EU

• with a focus on the situation of South Eastern
  European States

2
Structure

• Part I Deepening of the EU- Establishment and
  Development of the EC/EU
• Part II Widening of the EU- Enlargement
• Part III The Enlargement Process
• Part IV Europes institutional reform
• Part V Reform Treaty
• Part VI Recent Developments

3
Part I Deepeing of the EU

• I.1. Early history
• I.2. Single European Act
• I.3. The Maaastricht Treaty I.3.1. The Three
  Pillars of the EU
• I.4. The Amsterdam Treaty
• I.5. The Nice Treaty
• I.6. Treaties - Overwiev

4
I.1. Early history

• Congress of Osnabrück
• Holy Alliance
• Coudenhove-Kalergi Paneuropa
• United States of Europe
• Marshall Plan
• OEEC ? OECD
• Schuman Plan 1950
• Robert Schuman / Jean Monnet
• Europe cannot be built by mere Cooperation
• 1951 European Coal and Steel Community (ECSC)
• common market for coal and steel
• 1957 Rome-treaties
• European Economic Community (EEC)
• European Atomic Energy Community (Euratom)
• ? The European Communities

5
I.1. Early history

• EEC European Economic Community
• Task establishing a common market
• Activities and Objectives
• elimination of customs duties and quantitative
  restrictions
• common customs tariff
• freedom of movement for persons, services and
  capital
• free movement of goods
• Institutions
• European Parliament
• Council
• Commission
• Court of Justice

6
I.2. Single European Act

• Europessimism in the early 1980s
• 1985 Jacques Delors White Paper on completing
  the internal
• (single) market
• physical, technical and fiscal barriers
• 1986 Single European Act
• Main objective creating an internal market by
  1993
• Definition of internal market
• an area without internal frontiers in which
  the free movement of goods, persons, services
  and capital is ensured"
• ?border controls?
• Schengen Agreements 1985/1990
• abolition of checks at common borders
• free movement applies to everybody
• problems with open borders?

7
I.3. The Maastricht Treaty

• Treaty of the European Union
• signed on 7 February 1992
• came into force on 1 November 1993
• The structure of the European Union
• 1st pillar ? European Communities
• 2nd pillar ? Common foreign and security
  policy
• 3rd pillar ? Cooperation in the fields
  of justice and home affairs single
  institutional structure

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I.3.1. Three Pillars
Source http//www.xanthi.ilsp.gr/kemeseu/ch1/trea
ties.htm
9
I.4. The Amsterdam Treaty

• Signed on 2 October 1997
• Came into force on 1 May 1999
• Main objectives
• Freedom, security and justice
• Citizenship of the Union
• External policy
• EU Institutions
• Institutional reforms enlargement
• A stronger position for the European Parliament
• Closer cooperation

10
I.5. The Nice Treaty

• Signed on 26 Feburary 2001
• Came into force on 1 May 2003
• Main objectives
• Charter of Fundamental Rights proclaimed
• Amsterdam left-overs
• Institutional changes - enlargement
• Council
• New voting scheme
• Reduction of unanimity-issues
• Parliament and Commission - adapted composition

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I.6. Treaties - Overwiev
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Part II Widening of the EU

• II.1. Enlargement and Revision of the Treaties
• II.2. Foundation States 1951
• II.3. Enlargements 1973/1981/1986
• II.4. Enlargements 1995/2004/2007
• II.5. Legal Framework

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II.1. Enlargement and Revision

• ENLARGEMENT OF THE EC/EU
• 1957 Foundation States
• France, Germany, Netherlands, Belgium,
  Italy, Luxembourg
• 1973 1st Enlargement
• Denmark, United Kingdom, Ireland
• 1981 2nd Enlargement
• Greece
• 1986 3rd Enlargement
• Portugal, Spain
• 1995 4th Enlargement
• Finland, Austria, Sweden
• 2004 - 5th Enlargement
• Latvia, Estonia, Lithuania, Poland, Czech
  Republic, Slovakia, Hungary, Slovenia, Malta,
  Cyprus
• 2007 5th Enlargement
• Bulgaria, Romania

• REVISION OF THE TREATIES
• 1957/58 Treaties of Rome
• 1965/67 Merger Treaty
• 1986/87 Single European Act
• 1992/93 Treaty of Maastricht (Foundation
  of the European Union)
• 1997/98 Treaty of Amsterdam
• 2001/03 Treaty of Nice
• 2007/09? Reform Treaty

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II.2. Foundation States 1951
15
II.3. Enlargement 1973-1986
16
II.4. Enlargement 1995-2007
17
II.5. Legal Framework

• Art 49 EUV
• Any European State which respects the principles
  set out in Article 6(1) may apply to become a
  member of the Union. It shall address its
  application to the Council, which shall act
  unanimously after consulting the Commission and
  after receiving the assent of the European
  Parliament, which shall act by an absolute
  majority of its component members.
• The conditions of admission and the adjustments
  to the Treaties on which the Union is founded,
  which such admission entails, shall be the
  subject of an agreement between the Member States
  and the applicant State. This agreement shall be
  submitted for ratification by all the contracting
  States in accordance with their respective
  constitutional requirements.

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Part III Enlargement Process

• III.1. Geopolitical Basis
• III.2. EU Enlargement Process
• III.2.1. Conditions for Enlargement
  Copenhagen Criteria
• III.2.2. Negotiation
• III.2.3. Stabilisation and Association
  Process (SAP)
• III.2.4. Regional Approach ? SAP
• III.2.5. Thessaloniki Agenda (2003)
• III.2.6. SAP Main components
• III.2.7. Former financial instruments

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III.1. Geopolitical Basis
1914
Entente Central Powers
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III.1. Geopolitical Basis
1919
Newly created Countries Ceded territories
21
III.1. Geopolitical Basis

• Divided Europe
• Warsaw Pact
• NATO
• Non-aligned
• Nations

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III.1. Geopolitical Basis
23
III.2. EU Enlargement Process

• The EU operates comprehensive approval procedures
  that ensure new members are admitted only when
  they have met all requirements, and only with the
  active consent of the EU institutions and the
  governments of the EU member states and of the
  country concerned.
• Countries wishing to join the EU can proceed from
  one stage of the process to the next, but only
  once all the conditions at each stage have been
  met. In this way, the prospect of accession acts
  as a powerful incentive to reform.

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III.2.1. Copenhagen Criteria

• Accession criteria negotiated at European Council
  in Copenhagen (1993)
• Countries of central and eastern Europe have to
  fulfil three criteria
• political stable institutions guaranteeing
  democracy, the rule of law, human rights and
  respect for minorities
• economic a functioning market economy
• incorporation of the Community acquis adherence
  to the various political, economic and monetary
  aims of the European Union
• ----
• absorption capacity of the EU

25
III.2.1. Copenhagen Criteria

• Acquis Communitaire(French for "that which has
  been agreed")
• 35 subject-related chapters
• not negotiable
• including financial arrangements (eg. new
  mebmers contribution to EU budget)
• possible transitional arrangements

26
III.2.2. Negotiation

• Screening analytical examination of the
  acquis explain it to the candidate countries
  and, with them, to identify areas where there may
  be problems to be addressed.
• European Commission screening report
• Candidate country negotiating position
• Council of EU common position ? opening of
  technical negotiation process

27
III.2.3. Stabilisation and Association
Process (SAP)

• The SAP is the EUs policy framework for the
• Western Balkan countries, all the way to their
• eventual accession.
• Based on
• Contractual relationsships(Stabilisation and
  Association Agreements SAA)
• autonomous trade measures
• financial assistance
• Aims
• stabilisation and transition to a market economy
• promotion of regional cooperation
• prospect of EU accession

28
III.2.4. Regional Approach ? SAP

• EU Regional Approach for the Western Balkans
  (Council establishes 1997 political and economic
  conditions to be fulfilled by these countries )
• Instruments for a more ambitions vision for the
  regions development ( the SAP) formulated at
  Zagreb summit (2000)
• Thessaloniki summit (2003), the follow-up to the
  Zagreb summit, enriched the SAP introduced an
  array of new instruments to support the reform
  process in the Western Balkan countries ? The
  SAP will remain the framework of the EU policy
  for the region, but it will be enriched with
  elements drawn from the recent successful
  enlargement process.

29
III.2.5. Thessaloniki Agenda

• Further consolidation peace and promoting
  stability and democratic development
• Enriched Stabilisation and Association Process
• Fighting organised crime / Co-operation in
  Justice and Home Affairs matters
• Promoting Economic Development
• Reconciling for the Future and Enhancing Regional
  Co-operation

30
III.2.5. Thessaloniki Agenda

• Further consolidation peace and
  promotingstability and democratic development
• EU support of implementation of Resolution 1244
  of the UN Security Council on Kosovo
• Dayton / Paris agreements, Ohrid and Belgrad
  agreements key elements of EU policy
• EU urges to co-operate full with ICTY
• EU promotes social cohesion, ethnic and religious
  tolerance, multiculturalism and return of
  refugees
• EU Police Mission in BiH / Operation Concordia in
  FYROM
• EU co-operates with US, Russia / UN, NATO, OSCE,
  Council of Europe,

31
III.2.5. Thessaloniki Agenda

• Enriched Stabilisation and Association Process
• European PartnershipIdentifies on a regluar
  basis priorities and obligations to be fulfilled
  EU financial assistance directed to the priorites
  set out
• Strengthened political co-operation in the area
  of Common Foreign Policy and Security Policy
• Enhanced support for institution
  buildingtwinning programms targeted technical
  assistance
• Promoting economic development
• Opening of Community programmes to Western Balkan
  countries(education, research, SME support, )

32
III.2.5. Thessaloniki Agenda

• Fighting organised crime / Co-operation in
  Justice and Home Affairs matters
• Fighting all forms of trafficking (human beings,
  drugs, arms) and smuggling of goods
• Improve administrative and judicial capacity
• Co-operation between appropriate authorities of
  the Western Balkan countries and the Immigration
  Liason Officers of the EU-Member States in order
  to cope with illegal migration flows
• Co-operation for a future liberalisation of visa
  regime

33
III.2.5. Thessaloniki Agenda

• Promoting Economic Development
• Support of the development of modern market
  economies
• EU urges to closely co-operate with relevant
  international financial institutions accelerate
  the structural reforms (tax policy /
  administration)
• Supervision of financial sector
• Take forward privatisation process
• Creation of business environment that promotes
  foreign investment

34
III.2.5. Thessaloniki Agenda

• Reconciling for the Future and Enhancing Regional
  Co-operation
• Return of refugees and internally displaced
  persons
• Promoting reconciliation through education,
  social development and culture
• Enhancing regional co-operation
• Further development of free trade
• Visa-free movement in the West Balkans
• Regional markest for elektricity and gas / water
  management
• Small arms collection

35
III.2.6. SAP Main components

• Stabilisation and Association Agreements (SAA)
• centrepiece of the SAP
• represents a far-reaching contractual
  relationship, entailing mutual rights and
  obligations
• high political value
• based on gradual implementaion of free trade area
• SAA provides the formal mechanisms for close
  co-operation bewtween each country and the EU
• SAA tailored to circumstances of each country
• effective implementation of the SAA is a
  prerequisite for any further step towards
  accession

36
III.2.6. SAP Main components

• Autonomous trade measures
• allow duty free access to the EU market for
  practically all products originating fro the
  region
• Provide favorable framework for the development
  of trade between the region and the EU
• Stimulates foreign direct investment

37
III.2.6. SAP Main components

• Instrument for Pre-accession Asstistance
• Since 2007, EU pre-accession funding is
  channelled through a single, unified instrument
  designed to deliver focussed support to both
  candidate and potential candidate countries
  (IPA)
• Consists of 5 components
• Transition Assistance and Institution Building
• Cross-Border Co-operation
• Regional Development
• Human Resouorces Development
• Rural Development

Open to candidate and potential candidate
countries
Open to candidate countries
38
III.2.7. Former financial instruments

• IPA replaces the following financial
• instruments (periode 2000-06)
• Phare (Poland and Hungary Aid for Restructuring
  of the Economies)
• ISPA (Instrument for Structural Policies for
  Pre-Accession)
• SAPARD (Special Accession Programme for
  Agriculture Rural Development)
• Turkisch pre-accession instrument
• CARDS (Community Assistance for Reconstruction,
  Development and Stability in the
  Balkans)

at the beginning (1989)
39
IV. Europes institutional reform

• 2000
• February opening of the 2000 Intergovernmental
  Conference (IGC)
• December Nice European Council Nice Declaration
  on the future of the EU
• 2001
• February Signature of the Treaty of Nice
• December Laeken European Council Laeken
  Declaration convening of the European
  Convention
• 2002
• February European Convention inaugural session
• 2003
• February Entry into force of the Treaty of Nice
• April Signature of the Treaty of Accession
• July Presentation of the draft Constitution
• October Opening of the 2003/2004 IGC

40
IV. Europes institutional reform

• 2004
• May EU enlargement
• June Brussels European Council political
  agreement on the text of the Constitution
• October Signature of the Constitution
• 2004-2006 Ratification procedure of the
  Constitution by Member States
• 2005
• May Referendum - France NON
• June Referendum Netherlands NEE
• June Brussels European Council - Declaration of
  the Chiefs of State or Governments on the
  Ratification of the Constitution
• 2006
• June Brussels European Council - Statement from
  Heads of State and Government on relaunching
  the ratification procedure

41
IV. Europes institutional reform

• 2007
• March Berlin Declaration - Declaration on the
  occasion of the 50th anniversary of the
  signature of the Treaties of Rome
• June Brussels European Council - mandate for an
  Intergovernmental Conference which will draw
  up a new Treaty on institutional reform by the
  end of 2007
• July opening of the 2007 Intergovernmental
  Conference
• October Lisbon Informal European Council -
  Political agreement on the text of the new
  Treaty
• December Signature of the Refrom (Lisbon) Treaty
• 2008
• June Referendum - Ireland NO
• October Brussels European Council

42
Part V Reform Treaty

• V.1. Contents
• V.2. Constitution vs. Reform Treaty
• V.3. Policy areas instead of Three Pillars
• V.4. Ratification procedure

43
V.1. Contents

• Includes most of the main points of the failed
  constitution
• legal personality (currently held only by the
  European Community)
• list of competences
• primacy of Union law
• simplified jargon and legal instruments
• qualified majority voting
• fewer national veto powers
• Institutional reforms, such as
• permanent EU president
• foreign minister
• Foreign Affairs and Security Policy
• Chief of Foreign Affairs
• smaller European Commission (from 2014)
• more powers for the European Parliament and same
  distribution of parliamentary seats (750 MEP)
• NEW agreements regarding climate change and the
  fight against global warming

44
V.2. Constitution vs. Reform Treaty
Source http//upload.wikimedia.org/wikipedia/comm
ons/5/5c/EUTreatyStructure.png
45
V.3. Policy Areas

• Exclusive competence
• customers union
• the establishing of the competition rules
  necessary for the functioning of the internal
  market
• monetary policy for the Member States whose
  currency is the euro
• the conservation of marine biological resources
  under the common fisheries policy
• common commercial policy

46
V.3. Policy Areas

• Shared competence
• Internal market
• Social policy, for the aspects defined in this
  Treaty
• Economic, social and territorial cohesion
• Agriculture and fisheries, excluding the
  conservation of marine biological resources
• Environment
• Consumer protection
• Transport
• Trans-European networks
• Energy
• Area of freedom, security and justice
• Common safety concerns in public health matters,
  fot the aspects defined in this treaty

47
V.3. Policy Areas

• Supporting competence
• Protection and improvement of human health
• Industry
• Culture
• Tourism
• Education, youth, sport and vocational training
• Civil protection
• Administrative cooperation

48
V.4. Ratification Procedure

• 24 Member States have already ratified
• Czech Republic
• Procedure Parliamentary simple majority if no
  transfers of powers, or 3/5 majority in both
  chambers otherwise
• Timetabele On 24 April 2008, the Senat asked
  the Constitutional Court to examine whether the
  Treaty of Lisbon is in compliance with the Czech
  Constitution.
• Sweden
• Procedure Parliamentary simple majority in the
  Parliament
• Timetabele November 2008
• Ireland
• Procedure Parliamentary and Referendum Simple
  majority in both chambers and 50 of votes in
  referendum (Constitutional amendment)
• Timetable Treaty was rejected by referendum of
  12 June 2008 (46,6 of votes in favour and 53,4
  of votes against).

49
Part VI Recent Developments

• VI.1. Enlargement Process
• VI.2. State of Play (SAP/SAA)
• VI.3. European Council (15./16.10.2008)

also for Albania, Bosnia and Herzegovina,
Kosovo, Montenegro and Serbia
50
VI.1. Enlargement Process

• Candidate Countries
• Croatia
• August 2008 The European Commission has adopted
  a regulation also allowing air passengers
  arriving from six Croatian airports and
  transferring at an EU airport to take liquids,
  aerosols and gels on-board their connecting
  flights.
• June 2008 The accession negotiations between
  the European Union and Croatia have moved on to
  include the areas of freedom of movement for
  workers, and social policy and employment
• FYROM
• June 2008 New technical assistance to support
  Infrastructure Investment Projects in the Western
  Balkans (association with amongst others the EIB
  and the EBRD)
• Turkey
• September 2008 The Turkish government and the
  delegation of the European Commission to Turkey
  have launched a new generation of projects aiming
  to enhance the dialogue between civil society in
  Turkey and in the EU
• September 2008 Turkey and the European Union
  successfully concluded "The Improvement of
  Maritime Safety in Ports and Coastal Areas
  Project".
• June 2008 EU and Turkey opened two new chapters
  in the accession negotiations (company law, and
  intellectual property law)

also for Albania, Bosnia and Herzegovina,
Kosovo, Montenegro and Serbia
51
VI.1. Enlargement Process

• Potential Candidate Countries
• Albania
• June 2008 Albania joins the European innovation
  and competitiveness programme
• Bosnia and Herzegowina
• July 2008 European Commission signs financing
  agreements with Bosnia and Herzegovina
• June 2008 EU signed SAA with Bosnia and
  Herzegovina
• Kosovo (under UNSCR 1244/99)
• October 2008 The European Commission and Kosovo
  have signed an agreement for an EU investment of
  122.7 million in the socio-economic development
  of Kosovo through the Commission's instrument for
  pre-accession (IPA) 2008 annual programme
• Montenegro
• March 2008 Montenegro has become the fourth
  country of the group of candidate and potential
  candidate countries to join the EUs
  Competitiveness and Innovation Programm (CIP)
• Serbia
• September 2008 Barroso If all conditions are
  met it will be possible to give candidate status
  to Serbia in 2009".
• April 2008 The European Union signed the SAA
  with Serbia

52
VI.2. State of Play (SAP/SAA)
source http//en.wikipedia.org/wiki/Stabilisation
_and_Association_Process
53
VI.3. European Council (15./16.10.2008)

• Conclusions
• Financal crisis
• co-ordinated action of EU members to guarantee
  the functioning of the financial system
• Climate change
• Agreement on the climate package for 2008
  possible
• Lisbon Treaty
• after consulting the irish prime minister Cowen
  the European Concil tries to find a solution in
  December 2008
• Foreign Policy
• Russion troops have withdrawn from the zones
  adjacent to South Ossetia and Abkhazia following
  the agreements between Russia and the EU
• Immigration and Asylum
• Adoption of the European Pact on Immigration and
  Asylum fair, effective and consisten policy
  throughout the EU
• Reflection Group
• Agreement on the composition of an reflecion
  group these twelve persons should until 2010
  elaborate recommendations for the future
  development of the EU

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• THANK YOU
• FOR
• YOUR ATTENTION!