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European Union

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M

Growing Accountability

The introduction of Economic and Monetary Union led to unprecedented integration and cooperation among EU members. One consequence was a growing concern among European citizens and some EU member governments that the major EU institutions were not sufficiently democratic or accountable. Much of this concern centered on the European Commission. As the power of the EU grew, so did worries that the commission exercised too much control with too little oversight. At the same time, there were also concerns that the one democratically elected institution of the EU, the European Parliament, had little real power.

This issue came to a head in 1999, when a report prepared by independent auditors at the request of the European Parliament cited multiple examples of mismanagement on the part of the European Commission. The report accused several commissioners of corruption, cronyism, and poor oversight over programs under their control. After the report was released, the entire European Commission resigned, something that had never happened before. Experts generally considered the report and its consequences to be an important step by the European Parliament toward increasing the democratic accountability of the EU governing bodies.

III

Structure of the EU

A

Pillar System

The members of the EU cooperate in three distinct areas, often called pillars. At the heart of this system is the European Community (EC) pillar with its supranational functions and its governing institutions. The EC pillar is flanked by two pillars based on intergovernmental cooperation: Common Foreign and Security Policy (CFSP) and Justice and Home Affairs (JHA). These two pillars are a result of the Maastricht agreement to develop closer cooperation in these areas. However, because the members were unwilling to cede authority to new supranational institutions, policy decisions in these pillars are made by unanimous cooperation between members and cannot be enforced. For the most part, the governing institutions of the EC pillar have little or no input in the other two.

The CFSP and JHA pillars are based entirely on intergovernmental cooperation, and decisions must be made unanimously. CFSP is a forum for foreign policy discussions, common declarations, and common actions that work toward developing a security and defense policy. It has successfully developed positions on a range of issues and has established some common policy actions; however, the CFSP has failed to agree on a common security and defense. Some countries, led by France, want an integrated European military force, while others, especially the United Kingdom, insist that United States involvement through the North Atlantic Treaty Organization (NATO) is vital for European security.



This second argument was reinforced when the EU failed to resolve the crisis in Yugoslavia that began in 1991. Between 1991 and 1992 four of Yugoslavia’s six republics declared independence, resulting in a series of violent wars (see Yugoslav Succession, Wars of). EU attempts to find a settlement for these conflicts were ineffective because member states could not agree on how they should be involved, and they feared being dragged into military intervention. The Yugoslav crisis underlined the difficulties in achieving a common foreign policy for the EU. Effective international intervention in Yugoslavia ultimately came only with U.S. and NATO involvement, acting under the auspices of the United Nations.

As a result of lessons learned in Yugoslavia, clauses were included in the Amsterdam Treaty for improving cooperation on security and defense. Since the late 1990s the EU has developed the Common European Security and Defense Policy as an interim step toward the ultimate goal of a common defense policy. The EU has expressed its determination to take on a greater international role and more responsibility for humanitarian operations and peacekeeping activities. The EU also began to develop a rapid-reaction military force to enable it to respond to crises quickly with combat troops.

The EU has been more successful in JHA, which formalized and extended earlier intergovernmental cooperation in combating crime, especially drug trafficking, and in setting immigration and asylum policies. Under the Amsterdam Treaty, some aspects of JHA were moved to the supranational EC pillar. These related to asylum and visa issues, immigration policy, and external border controls. The JHA pillar is now primarily concerned with police cooperation and combating international crime.

Standing above the three pillars and in a position to coordinate activities across all of them is the European Council. The council is in strict legal terms not an EU institution. It is the meeting place of the leaders of the national governments. Its decisions are almost always unanimous but usually require intense bargaining. The council shapes the integration process and has been responsible for almost all EU developments, including the SEA and the Maastricht, Amsterdam, and Nice treaties. The European Council has provided the EU with initiatives for further development, agendas in various policy fields, and decisions that it expects the EU to accept. The council’s actions illustrate one of the major dilemmas within the EU: how to promote further unity and integration while permitting national governments to retain as much influence as possible over decisions.

B

Major Bodies

The European Community (EC) pillar contains all the governing institutions of the EU. The major ones are the European Commission, the Council of the European Union, the European Parliament, the European Court of Justice, and the Court of Auditors. In addition, there are many smaller bodies in the EC pillar, such as the Economic and Social Committee, and the Committee of the Regions.

B 1

European Commission

The European Commission is the highest administrative body in the EU. Unlike the European Council, which oversees all three pillars of the EU, the commission concentrates almost solely on the EC pillar. It initiates, implements, and supervises policy. It is also responsible for the general financial management of the EU and for ensuring that member states adhere to EU decisions. The commission is meant to be the engine of European integration, and it spearheaded preparations for the single market and moves toward establishing the euro.

Commissioners are appointed by member governments and are supported by a large administrative staff. Initially, France, Germany, Italy, Spain, and the United Kingdom each appointed two commissioners, while other member countries appointed one each. The Treaty of Nice, signed in 2001, changed the structure of the commission so that by 2005 each member state could appoint only one commissioner.

However, when the EU reaches 27 member states, the European Council is obligated to determine how large the commission should be. The Treaty of Nice also altered the selection procedures for commissioners, giving the European Council and the European Parliament a role in the confirmation process.

B 2

Council of the European Union

The Council of the European Union (formerly called the Council of Ministers) represents the national governments. It is the primary decision-making authority of the EU and is the most important and powerful EU body. Although its name is similar to that of the European Council, the Council of the European Union’s powers are essentially limited to the EC pillar, whereas the European Council oversees all three pillars of EU cooperation.

When the Council of the European Union meets, one government minister from each member state is present. However, the minister for each state is not the same for every meeting. Each member state sends its government minister who is most familiar with the topic at hand. For example, a council of defense ministers might discuss foreign policy, whereas a council of agriculture ministers would meet to discuss crop prices.

The Council of the European Union adopts proposals and issues instructions to the European Commission. The council is expected to accomplish two goals that are not always compatible: further EU integration on one hand and protection of the interests of the member states on the other. This contradiction could become more difficult to reconcile as the EU continues to expand.

Decision-making in the council is complex. A few minor questions can be decided by a simple majority. Many issues, however, require what is called qualified majority voting (QMV). In QMV each country has an indivisible bloc of votes that is roughly proportional to its population. It takes two-thirds of the total number of votes to make a qualified majority. QMV was introduced in some policy areas to replace the need for a unanimous vote. This has made the decision-making process faster and easier because it prevents any one state from exercising a veto. Since the Single European Act, QMV has been steadily extended to more areas. Many important decisions, however, still require unanimous support.

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