Wednesday, 20 July 2016

Europe is just about the States

Blaming the EU is useless: decisions are up to governments, responsibilities are nationals

(click to enlarge)
by Emanuele Bonini

If things go wrong it is because of the Euro-bureaucrats in Brussels and their decision. How many time do we listen to complains like this? From Italy to Czech Republic, from the United Kingdom to Hungary, there are no leaders who abstain to blame Europe. In spite of what is repeated every day by every government, Europe is not a problem. The is not and cannot be the main root of all evil pure and simply because Europe doesn't exist. Blaming the European Union for difficulties, problems or decisions considered as useless or rummy, is nothing but a way to put domestic problems away. Here's a short guide to dismantles all the myths built up all around the twelve stars flag.

Europe is about member States. By definition the EU is an associations of sovereign coutries. Article 1 of the treaty on the EU, clearly states «the High contracting parties establish among themselves a European Union, on which the Member States confer competences to attain objectives they have in common». As a consequence, there are no central powers. The European is not a federation. Europe is a confederation, a league of States. Under a confederal regime, in contrast with a federal one, the central authority is relatively weak. This is the case of the European Union, where the European Commission - to be considered as the "government" - has no power of imposing laws. By treaties, the Commission has only the legislative initiative («The Commission shall promote the general interest of the Union and take appropriate initiatives to that end», article 17.1), which means legislative proposals can be blocked, modified, rejected at any moment. This is a further example of how EU decision are not imposed.

Parliament is not a Parliament. One of the major cause of confusion is the European Parliament. The term «Parliament» is generally used to refer to a single political institution. In democracy, Parliament has the legislative power. Members of the Parliament (MEPs) are entitled to propose, vote and approve laws. As already said, according to the EU treaties, in Europe the power of drafting laws belongs to the European commission. The Parliament can only vote Commission proposal, with power of amendment, approval or rejection. Although all around the world the Parliament is composed by one or two branches, the European Parliament itself is one of the two European legislative branches. Making a constitutional comparison, the so called European Parliament is not a true Parliament, as show by the picture.





Governments decide.
The other branch of the legislative institutions is the Council of the EU. First of a distinctions has to be made recalling the difference between the European Council (head of States and governments) and the Council of the EU (ministers). While the first one has not legislative functions, the seconde one has. Political leader «only can shall define the general political directions and priorities thereof» (article 15.1). It is the Council in its ministerial level to «exercise legislative and budgetary functions» as well as «carry out policy-making» functions (art. 16). And ministers are and remain expression of national governments. It appears clear that decision are taken by governments through their ministers sitting in Brussels on regular basis.

Inter-governmentology. A further demonstration of the non existence of Europe are the so called «inter-governmental agreements». By definition deals of such a nature are negotiated and signed by political leaders of the EU Member States. Being non-EU legislative proposals, these arrangements are not submitted to any vote of the European Parliament, which means inter-governmental agreements enter into force as agreed with no change. More in general this decision making process gets out from the standard legislative procedure, with Member States acting in replace of the European Commission, whose competences are bypassed. The treaty on Stability, Coordination and Governance in the Economic and Monetary Union, simply known as Fiscal compact, is a typical example of inter-governmental agreement. The Treaty establishing the European Stability Mechanism (ESM) is another example. Both treaties are binding EU legislation, although has not been produced by Europe meant as a supranational institution. On the contrary, the Fiscal Compact and ESM treaties are EU pieces of legislation set by national governments. That shows how Europe is not about central super-powers but rather States.


Related articles:

- Fact sheet: EU legislative procedures

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