Introduction to EU Policies

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Introduction to EU Policies Institutional
Architecture

• XII.
• Enlargement process

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Territory of the EU
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Founding members of the EU

• Belgium
• France
• Germany
• Italy
• Netherlands
• Luxembourg

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Enlargements
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I.

• UK, Denmark, Ireland
• Treaty signed in 1973, entered into force in 1973
• First referendum in Norway NO for accession

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II.

• Greece
• Treaty signed in 1979, entred into force in 1981

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III.

• Spain, Portugal
• Treaty signed in 1985, entered into force in 1986

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IV

• Austria, Finland, Sweden
• Treaty signed in 1994, entered into force 1995
• Second referendum in Norway NO for accession

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IV

• Austria, Finland, Sweden
• Treaty signed in 1994, entered into force 1995
• Second referendum in Norway NO for accession

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V.

• Cyprus, Czech Republic, Estonia, Hungary, Latvia,
  Lithuania, Malta, Poland, Slovakia, Slovenia
• Treaty signed in 2003, entered into force in 2004

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VI.

• Rumania, Blugaria
• Treaty signed in 2005, entered into force 2007

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Any case of withdrawal?
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Greenland

• Part of the European Economic community as a part
  of Denmark
• In 1979 special autonomy of Greenland declared by
  the Danish government
• In 1982 referendum in Greenland decided to
  withdraw from the EEC
• Withdrew in 1985
• From 1986 special association agreement

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EU territory
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Special status within EU

• French DOM (Guyana, Martinique, Reunion,
  Guadalupe)
• Azores and Madeira
• Canary Islands
• Gibraltar, Helgoland, Campione d'Italia and
  Livigno (are not a part of the custom union)

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ACCESSION PROCESS
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Accession to the EU

• Article 49 of the EU Treaty
• 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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Instruments in the accession process

• Pre-accession strategy
• Bilateral agreements
• Political and economic dialogue
• National programs for the adoption of the acquis
• Participation in the EU programms, agencies,
  committees
• Commission monitoring

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New dynamics and importance of the last
enlargements
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1994The Copenhagen criteria laid down the
following EU membership requirements

• 1. That candidate countries achieve stable
  institutions that guarantee democracy, legality,
  human rights and respect for and protection of
  minorities.
• 2. That candidate countries have a working market
  economy, capable of competing effectively on EU
  markets.
• 3. That candidate countries are capable of
  accepting all the membership responsibilities,
  political, economic and monetary.
• After 2004 absorption capacity is added as
  another key element

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EU Arguments for the Enlargement

• The extension of the zone of peace, stability and
  prosperity
• The addition of more than 100 million people to
  the EUs market of 370 million will boost
  economic growth and create jobs in both old and
  new member states.
• There will be a better quality of life for
  citizens throughout Europe.
• The arrival of new members will enrich the EU
  through increased cultural diversity.
• Enlargement will strengthen the Unions role in
  world affairs. Source DG Emlargement
  web page

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EU preparation for the last enlargementsAgenda
2000

• Institutional and administrative structures - DG
  Enlargement
• Budgetary reform and financial preaccession Aid
• Phare (PL/HU),
• Sapard (Agriculture),
• Ispa (Preaccession structural policy instrument)

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And the very important ...
Institutional reform of the EU first Amsterdam
(signed 1997, 1999 in force) and after Nice
Treaty (signed on 23 II 2001 entered into force
on 1 II 2003)
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Enlargement an examplePolish way to the EU
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History

• 1988
• Poland starts the diplomatic relations with the
  EEC
• 1989
• Signature of the free trade agreement with the
  EEC
• 1990
• Official application for a beginning of
  negotiations for association agreement
• 1991
• Signature of the Association Agreement
• 1993
• Copenhagen summit
• 1994
• Association Agreement came into force

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• 1997
• Luxembourg Summit Decision to start the
  accession negotiations with, among others, Poland
• 1998
• Negotiations process started
• 2002
• End of negotiations
• 2003
• 16 IV - Signature of the Accession Treaty
• Referendum in Poland
• 2004
• 1 V - Accession Treaty enters into force

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• I.
• In 1991 Assocciation Agreement was signed (legal
  base - article 310 of the EC Treaty)

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First stepAssociation Agrement (Europe
Agreement) signed by the EEC, EEC member states
and Poland on 16 XII 1991and comes in force on
1 February 1994

• See article 310 of the EC Treaty
• Status of a country willing to become member
  state of the EEC - officialy recognized (but the
  formal application for the membership Poland
  submitted in April 1994)

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Difficult negotiations..

• Question of recognition of the status of the
  candidate country
• EC reluctance to accepte the membership as an
  ultimate goal of the Assocciation
• Free trade area or custom union?
• Asymmetry principle
• Differences in economic potentials of partners
• Principle of gradual lifting of the trade
  barriers but with some transitory periods for
  certain goods for the weaker partner
• Exemptions (textiles, agriculture, steel)
• Polish critics of the EC attitude

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• Political dialogue
• Institutional framework
• - Association Council (representants of Polish
  government and of the Council of the EU)
• - Committee (civil servants from commission and
  polish administration) at least twice a year
• - Parliamentary Committee at least twice a
  year
• Free trade area and free movement of goods (to be
  achieved in 10 years)
• Partial elimination of barriers in the freedom of
  establishment and of provision of services
• Partial elimination of barriers in the free flow
  of payments
• Economic cooperation (e.g. support for the
  development of Polish industry, know-how
  transfer)

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• The Contracting Parties recognize that the
  major precondition for Polands integration into
  the EEC is the approximation of the existing and
  the future legislation (...) Poland shall use all
  its best endavours to ensure that future
  legislation is compatible with Community
  legislation
• ? obligation to harmonize Polish law with
  the EC law

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Poland has taken the idea of becoming member
state of the EU very seriously ...
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Survey of compliance of the existing Polish law
with the EC law and the obligation of the
preliminary assessement

• Special institutional arrangements
• 1990 Governments Plenipotentiary for European
  Integration and Foreign Assistance and the
• 1996 Committee for European Integration

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Constitution form 1997

• Article 90
• The Republic of Poland may, by virtue of
  international agreements, delegate to an
  international organization or international
  institution the competence of organs of State
  authority in relation to certain matters.
• (...)

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Article 91 1.      After promulgation thereof in
the Journal of Laws of the Republic of Poland
(Dziennik Ustaw), a ratified international
agreement shall constitute part of the domestic
legal order and shall be applied directly, unless
its application depends on the enactment of a
statute. 2.    An international agreement
ratified upon prior consent granted by statute
shall have precedence over statutes if such an
agreement cannot be reconciled with the
provisions of such statutes. 3. If an
agreement, ratified by the Republic of Poland,
establishing an international organization so
provides, the laws established by it shall be
applied directly and have precedence in the event
of a conflict of laws.
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II.In 1997 Luxembourg, European Summit EU
decision to start the negotiations with Poland

• 1998 negotiations started
• Screening of Polish law (multilateral and
  bilateral sessions) References to the structure
  of the Association Agreement - Screening reports
• decisions whether member state will be able to
  change its law by the time of the accession or
  the transition period shall be given
• 2002 12-13 XII negotiations closed

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12-13 XII 2002 negotiations with 10 candidate
countries were closed

• Accession Treaty signed on 16 IV 2003
• after ratification by new states and all 15
• member states of the EU.
• Entered into force
• on 1 V 2004

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Accession Treaty (very concise - Premable and
three articles!)

• act relating to the conditions of the accession
  (definitions, amendments in the primary law,
  technical amendments in the secondary law,
  derogating clauses in the transitional periods)
• final act (declarations, reservations,
  protocols)

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Future enlargements?Candidate Countries and
Potential Candidate Countries
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Instruments

• Pre-Accession Assistance (for countries aspiring
  to the EU (CC PCC)
• Support for transition and institution buliding
• Cross-border cooperation
• Regional development
• Human resources development
• Rural development

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Candidate countriesand candidates to be a
candidate countries on the seminar