Sunday, 12 August 2012

The Gradual Erosion of European Sovereignty - Brian Safran


            Since the end of World War II, foreigners and Europeans alike have believed that an integrated Europe is essential to ensure economic, social, and political progress in the region. The 1951 Treaty of Paris created the European Coal and Steel Community (“ECSC”), and was a significant step toward European integration. The creation of ECSC institutions allowed for debate and discussion on issues of economic concern on a supranational level amongst its earliest six members. Such dialogue was seen as a path to solving the complex issues facing states, and their union served to mark the starting point for the slow and steady decay of the sovereignty of the national governments involved. These governments were now placed in a position where they had to work for the common good rather than for their individual needs.
            At each step since its earliest inception, the European Union (“EU”) and its associated incarnations have served to unite Europe; but many of its member states have felt that such integration has been at the expense of their autonomy. Maximum authority over their people and territory were no longer held at the national level, but instead, power had been shifted to the larger integrated community. This loss of control has not always been perceived as positive, and disagreement and conflict have often reigned over harmony and concordance. This discord has, in many respects, impeded the EU’s decision-making process, making it difficult to achieve its initial goals.
Many recent occurrences have exemplified the conflict surrounding the loss of sovereignty of the individual countries of the European Union to the supranational level. One such issue corresponds to the ten-member accession of 2004, in which many of the less industrialized, poorer countries in Eastern Europe became full-fledged members of the common market. Of concern to the wealthier, more developed Western European countries was the perceived notion that if barriers to labor were removed, an influx of Eastern Europeans into the job markets of Western European countries would result. The redistribution of wealth from Western Europe to Eastern Europe would have the potential to harm Western European economies. As a concession to Western European concerns, when the ten members acceded in 2004, the previously existing fifteen members were given the option to delay the free movement of labor by up to seven years. (1 Laitner)
 While most EU countries have postponed the free movement of labor to newly acceded states, Britain, Ireland, and Sweden have chosen to open their borders ahead of the required date. This has placed extreme pressure on the remaining Western European countries from a variety of trade organizations and businesses to open their doors to eastern workers. While the arguments made by Western European countries were once seen as valid concerns, recent studies regarding the change in economic performance in Britain, Ireland, and Sweden have demonstrated the contrary. They have suggested that the vast movement of people looking for jobs has been extremely limited, and furthermore, find that many of these migrants have “fill[ed] gaps” in local job markets, in which they take the jobs that local citizens would not want (1 Financial Times). Despite this evidence, the remaining Western European countries are hesitant to open their job markets to international penetration. These recent attempts to influence Western European governments are aimed at speeding up the integration process.  The fact remains that the European Union has final jurisdiction over the free movement of labor, and national governments will be forced to allow eastern laborers into their workforces at some point within the time limits set by the EU. Therefore, whether or not the introduction of eastern laborers is harmful or not to local economies, this decision has been made and is out of the hands of national governments, thus demonstrating their loss of sovereign power in relation to the free movement of labor.
Issues surrounding driving regulations tend to be of concern to the European Union as they are tied to the notion of the free movement of capital, labor, and services across the Union. A variety of changes have been proposed in relation to driving regulations within the European Union. An interesting suggestion made by the transport ministers of the Council of the European Union is to begin to integrate the driving regulations of the twenty-five member states by issuing a “European Union” drivers license. (1 Minder B) Such a change would strongly impede upon the sovereignty of member states, as national governments would be forced to alter their driving regulations to adhere to the supranational standards set by the European Union. In addition, the European Union is planning to crack down upon drivers who violate traffic regulations, as recent studies have shown an increase in traffic related fatalities, a decrease in traffic law compliance, and a lack of enforcement by national governments against international drivers. (1 Minder C) As a response, the EU transport commissioner has recently written a proposal aimed at curtailing driving problems within the EU, to ensure that national governments properly fine violators. Not only will the member states have to uphold the EU imposed regulations, but will also have to punish their own people accordingly for violating them. This prospect impedes upon the sovereignty of member states, as the European Union would be acting within its supranational capacity to force member states to enforce traffic laws as the larger EU deems fit.
Another interesting concern came to light when the French government was denied its application to lower its value-added tax rate on restaurant bills. (1 Parker C) An argument has been put forth against EU involvement in certain tax related issues, as such issues do not properly comply with the “principle of subsidiary” when decided at the EU level. As enshrined in the Maastricht Treaty, the principle of subsidiary states that decisions should be made at the lowest possible level, and closest to those directly effected by them. France has claimed that tax policy in relation to value added taxes should be legislated at the national rather than at the supranational level, as states have strong differences of opinion amongst each other, and value added taxes should be tailored to the specific needs of individual countries. While such an alteration would require a revision to the existing treaties, this request by France shows how the conflict between sovereignty and supranationalism is extremely intense and that issues of relinquishing the powers of the EU back to that of national governments continue to surface.
European Union leaders recently met to discuss the heated issue of protectionism, in which national governments attempt to curtail the ability of foreign countries to take over major domestic companies. In one case, France attempted to merge two of its powerful energy suppliers to prevent the Italian takeover of one of them. (1 Parker E) This issue has been the cause of great concern, and some ministers feel that the disagreements similar to the situation in France and Italy regarding protectionism serve to decrease the credibility of the European Union when brokering deals based on the opening of markets with the international community. The discouragement of protectionism by the European Union is based on the argument that its enforcement acts as a barrier to the free movement of capital within the EU. According to Angela Merkel, the chancellor of Germany, protectionism “make[s] nonsense of the EU’s single market” (1 Parker B).
In a related story, EU Commissioners are vowing to propose legislation that would create a single market for the regulation of electricity and gas by 2007. (1 Bounds) Commissioners, who represent the interests of the greater Europe, believe that Europe’s common market would function more fluidly and with widespread economic growth if its member states did not adhere to protectionist measures in relation to energy. While this issue remains highly contested between those affected, the EU has done what it can to harness the spread of protectionism, thus eroding the decision-making capacity or sovereignty of the member states in relation to their “monopoly” on the ownership of major companies. Despite the reluctance of national governments to relinquish their controls of business, they must adhere to the agreements set forth by the European Union regarding the operations of the common market, and therefore, no longer have supreme authority to restrict the flow of capital outside of their territory.
Concerns exist amongst the member states regarding the operation of the European Union, where the inability of the EU to enact policy in a timely manner has created apprehension. This is exemplified by the situation in which birds infected with Avian Influenza were found in multiple European countries. In order to curb the spread of the disease, EU members have discussed a variety of protective measures that could be enforced. Unfortunately, each member state of the European Union has come forth with an original plan for curtailing the bird flu, resulting in a deadlock and slowing down the decision making process. One concern surrounds the distribution of Avian Influenza vaccines to member states if a human outbreak were to occur. Some EU leaders believe that vaccines should be distributed to countries in relation to the rates of seasonal flu vaccination requests. (1 Braithwaite) While this proposal had been brought up in Brussels as long as ago as two years, little progress has been made to date in deciding upon a resolution. In addition, the EU has been faulted for failing to set consistent standards and methods of containing the disease and preventing its spread across the Union. Some have called for the creation of a new agency to increase the level of cooperation between member states in relation to issues regarding health.  (1 Minder A) Health related disasters often require urgent attention and decisions, and the preliminary stages of the Avian Influenza outbreak have demonstrated an inability of the European Union to come to decisions and cooperate with its member states within a timely fashion, thus furthering their discontent and desire to maintain sovereignty.
While many national governments might otherwise feel a need to restrict the trade of poultry from countries in which bird flu has been identified, they are prevented from doing so. In keeping with the “spirit of the treaties,” free trade must be maintained within all EU member states. Therefore, the European Union has supranational authority and the final say when it comes to the restriction of free trade. Although Avian Influenza is a major health concern within Europe, the national governments are limited in how they can go about tackling the issue, thus exemplifying a loss of sovereign power.
A plethora of ideas have come forth over the past few months to restructure the controversial Constitutional Treaty that failed during its ratification process in 2005. Many of the concerns surround issues of enlargement, as each time new states accede to the Union; it becomes more difficult to reach compromise on matters of importance. In order to decrease the time required for the EU to come to decisions, EU leaders have proposed an increase in the usage of Qualified Majority Voting in the Council of the European Union within the areas of foreign policy and the budget. (1 Parker A) This would serve to further erode the sovereignty of member states, as these new policy areas would no longer require unanimous decisions to be approved by the Council. Therefore, if this version of the Constitutional Treaty were to be passed, national governments would no longer have the supreme authority to override the decisions of other member states in the context of foreign policy and EU budgetary issues. Some EU leaders have even criticized the very title of the treaty, as they see the word “constitutional” to be associated with the United States system of governance, the French connection to their strong constitution, as well as the British “symbolism” associated with its non-existent constitution, all of which make a “constitution” for Europe seem out of place (1 Parker D). This controversy demonstrates EU member states unwillingness to integrate to the level of the United States federal system, and also exemplifies their desire to maintain their own national identities, separate from that of the EU. “The Treaty establishing a Constitution for Europe” and its associated proposals surely illustrate how the tension between supranationalism and sovereignty remains rampant within the context of the European Union.
The existence of the European Union has long been seen as a path toward greater cooperation within European countries with its goal of achieving internal and external harmony, pushing for economic growth, and attaining political and social stability for all involved. The achievement of these objectives has required a remarkable level of collaboration between national governments that very often have different ways of performing governmental functions, as well as distinctive national identities, values, and beliefs. During this process, national governments have been forced to compromise with others, sometimes against their will, and have had to give up some of their decision-making capacity to the supranational European Union. Numerous recent occurrences exemplify the ongoing dispute between national sovereignty and supranational subjugation, and this debate will likely continue to be a prominent focal point of discussion within European Union politics in the future.


Works Cited:

Bounds, Andrew, George Parker, and Chris Smyth. "EU Promises a Single Energy Market by 2007." Financial Times 25 Mar. 2006: 3. LexisNexis Academic Universe. Hofstra University, Hempstead, NY. 12 Apr. 2006. Keyword: European Union or EU.

Braithwaite, Tom, and Andrew Jack. "EU Urged to Agree Flu Vaccines Strategy." Financial Times 7 Feb. 2006: 11. LexisNexis Academic Universe. Hofstra University, Hempstead, NY. 12 Apr. 2006. Keyword: European Union or EU.

Laitner, Sarah, and George Parker. "'Old' Europe Under Pressure to Open Its Doors." Financial Times 3 Feb. 2006: 6. LexisNexis Academic Universe. Hofstra University, Hempstead, NY. 12 Apr. 2006. Keyword: European Union or EU.

Minder, Raphael. "EU Divided on Response to Threat From Avian Flu." Financial Times 14 Feb. 2006: 6. LexisNexis Academic Universe. Hofstra University, Hempstead, NY. 12 Apr. 2006. Keyword: European Union or EU. [Cited in text as “Minder A”]

Minder, Raphael. "EU Driving Licence to Replace 80 Others." Financial Times 4 Mar. 2006: 5. LexisNexis Academic Universe. Hofstra University, Hempstead, NY. 12 Apr. 2006. Keyword: European Union or EU. [Cited in text as “Minder B”]

Minder, Raphael. "EU to Tackle Transit Drivers Who Flout Rules." Financial Times 4 Mar. 2006: 6. LexisNexis Academic Universe. Hofstra University, Hempstead, NY. 12 Apr. 2006. Keyword: European Union or EU. [Cited in text as “Minder C”]

Parker, George. "Bigger Not Really Better as the EU Heads for Log Jam." Financial Times 7 Feb. 2006: 8. LexisNexis Academic Universe. Hofstra University, Hempstead, NY. 12 Apr. 2006. Keyword: European Union or EU. [Cited in text as “Parker A”]

Parker, George, and Gareth Smyth. "Chirac Walks Out on EU Leaders as Tensions Mount." Financial Times 24 Mar. 2006: 8. LexisNexis Academic Universe. Hofstra University, Hempstead, NY. 12 Apr. 2006. Keyword: European Union or EU. [Cited in text as “Parker B”]

Parker, George. "France Wants EU to Hand Back Some Tax Powers." Financial Times 27 Feb. 2006: 6. LexisNexis Academic Universe. Hofstra University, Hempstead, NY. 12 Apr. 2006. Keyword: European Union or EU. [Cited in text as “Parker C”]

Parker, George, and John Thornhill. "Germany Aims to Rebrand Rejected Treaty." Financial Times 17 Mar. 2006: 6. LexisNexis Academic Universe. Hofstra University, Hempstead, NY. 12 Apr. 2006. Keyword: European Union or EU. [Cited in text as “Parker D”]

Parker, George, Wolfgang Proissl, and Gareth Smyth. "Protectionism Fireworks to Dominate EU Leaders' Talks." Financial Times 20 Mar. 2006: 9. LexisNexis Academic Universe. Hofstra University, Hempstead, NY. 12 Apr. 2006. Keyword: European Union or EU. [Cited in text as “Parker E”]

"Time to Tear Down the EU's Eastern Barriers: Workers From Accession Countries Bring Economic Benefits." Financial Times 6 Feb. 2006: 16. LexisNexis Academic Universe. Hofstra University, Hempstead, NY. 12 Apr. 2006. Keyword: European Union or EU. [Cited in text as “Financial Times”]

           
 

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