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Three pillars of the European Union

From Wikipedia, the free encyclopedia

Illustration

Between 1993 and 2009, the European Union (EU) legally comprised three pillars. This structure was introduced with the Treaty of Maastricht on 1 November 1993, and was eventually abandoned on 1 December 2009 upon the entry into force of the Treaty of Lisbon, when the EU obtained a consolidated legal personality.

  1. The European Communities pillar handled economic, social and environmental policies. It comprised the European Community (EC), the European Coal and Steel Community (ECSC, until its expiry in 2002), and the European Atomic Energy Community (EURATOM).
  2. The Common Foreign and Security Policy (CFSP) pillar took care of foreign policy and military matters.
  3. Police and Judicial Co-operation in Criminal Matters (PJCCM) brought together co-operation in the fight against crime. This pillar was originally named Justice and Home Affairs (JHA)

YouTube Encyclopedic

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  • The European Union Explained*
  • The European Union - Treaties and Membership
  • EU EC - a definition
  • Module - The European Union and its Institutions
  • Teaser - The European Union and its Institutions

Transcription

Where, is the European Union? Obviously here somewhere, but much like the the European continent itself, which has an unclear boundary, the European Union also has some fuzzy edges to it. To start, the official members of the European Union are, in decreasing order of population: * Germany * France * The United Kingdom * Italy * Spain * Poland * Romania * The Kingdom of the Netherlands * Greece * Belgium * Portugal * The Czech Republic * Hungary * Sweden * Austria * Bulgaria * Denmark * Slovakia * Finland * Ireland * Croatia * Lithuania * Latvia * Slovenia * Estonia * Cyprus * Luxembourg * Malta The edges of the EU will probably continue to expand further out as there are other countries in various stages of trying to become a member. How exactly the European Union works is hideously complicated and a story for another time, but for this video you need know only three things: 1. Countries pay membership dues and 2. Vote on laws they all must follow and 3. Citizens of member countries are automatically European Union citizens as well This last means that if you're a citizen of any of these countries you are free to live and work or retire in any of the others. Which is nice especially if you think your country is too big or too small or too hot or too cold. The European Union gives you options. By the way, did you notice how all three of these statements have asterisks attached to this unhelpful footnote? Well, get used to it: Europe loves asterisks that add exceptions to complicated agreements. These three, for example, point us toward the first bit of border fuzziness with Norway, Iceland and little Liechtenstein. None of which are in the European Union but if you're a EU citizen you can live in these countries and Norwegians, Icelanders, or Liechtensteiner(in)s can can live in yours. Why? In exchange for the freedom of movement of people they have to pay membership fees to the European Union -- even though they aren't a part of it and thus don't get a say its laws that they still have to follow. This arrangement is the European Economic Area and it sounds like a terrible deal, were it not for that asterisk which grants EEA but not EU members a pass on some areas of law notably farming and fishing -- something a country like Iceland might care quite a lot about running their own way. Between the European Union and the European Economic Area the continent looks mostly covered, with the notable exception of Switzerland who remains neutral and fiercely independent, except for her participation in the Schengen Area. If you're from a country that keeps her borders extremely clean and / or well-patrolled, the Schengen Area is a bit mind-blowing because it's an agreement between countries to take a 'meh' approach to borders. In the Schengen Area international boundaries look like this: no border officers or passport checks of any kind. You can walk from Lisbon to Tallinn without identification or need to answer the question: "business or pleasure?". For Switzerland being part of Schengen but not part of the European Union means that non-swiss can check in any time they like, but they can never stay. This koombaya approach to borders isn't appreciated by everyone in the EU: most loudly, the United Kingdom and Ireland who argue that islands are different. Thus to get onto these fair isles, you'll need a passport and a good reason. Britannia's reluctance to get fully involved with the EU brings us to the next topic: money. The European Union has its own fancy currency, the Euro used by the majority, but not all of the European Union members. This economic union is called the Eurozone and to join a country must first reach certain financial goals -- and lying about reaching those goals is certainly not something anyone would do. Most of the non-Eurozone members when they meet the goals, will ditch their local currency in favor of the Euro but three of them Denmark, Sweden and, of course, the United Kingdom, have asterisks attracted to the Euro sections of the treaty giving them a permanent out-out. And weirdly, four tiny European countries Andorra, San Marino, Monaco & Vatican City have an asterisk giving them the reverse: the right print and use Euros as their money, despite not being in the European Union at all. So that's the big picture: there's the EU, which makes all the rules, the Eurozone inside it with a common currency, the European Economic Area outside of it where people can move freely and the selective Schengen, for countries who think borders just aren't worth the hassle. As you can see, there's some strange overlaps with these borders, but we're not done talking about complications by a long shot one again, because empire. So Portugal and Spain have islands from their colonial days that they've never parted with: these are the Madeira and Canary Islands are off the coast of Africa and the Azores well into the Atlantic. Because these islands are Spanish and Portuguese they're part of the European Union as well. Adding a few islands to the EU's borders isn't a big deal until you consider France: the queen of not-letting go. She still holds onto a bunch of islands in the Caribbean, Reunion off the coast of Madagascar and French Guiana in South America. As far as France is concerned, these are France too, which single handedly extends the edge-to-edge distance of the European Union across a third of Earth's circumference. Collectively, these bits of France, Spain and Portugal are called the Outermost Regions -- and they're the result of the simple answer to empire: just keep it. On the other hand, there's the United Kingdom, the master of maintaining complicated relationships with her quasi-former lands -- and she's by no means alone in this on such an empire-happy continent. The Netherlands and Denmark and France (again) all have what the European Union calls Overseas Territories: they're not part of the European Union, instead they're a bottomless well of asterisks due to their complicated relationships with both with the European Union and their associated countries which makes it hard to say anything meaningful about them as a group but... in general European Union law doesn't apply to these places, though in general the people who live there are European Union citizens because in general they have the citizenship of their associated country, so in general they can live anywhere in the EU they want but in general other European Union citizens can't freely move to these territories. Which makes these places a weird, semipermeable membrane of the European Union proper and the final part we're going to talk about in detail even though there are still many, more one-off asterisks you might stumble upon, such as: the Isle of Man or those Spanish Cities in North Africa or Gibraltar, who pretends to be part of Southwest England sometimes, or that region in Greece where it's totally legal to ban women, or Saba & friends who are part of the Netherlands and so should be part of the EU, but aren't, or the Faeroe Islands upon which while citizens of Denmark live they lose their EU citizenship, and on and on it goes. These asterisks almost never end, but this video must.

Overview

Within each pillar, a different balance was struck between the supranational and intergovernmental principles.

Supranationalism was strongest in the first pillar. Its function generally corresponded at first to the three European Communities (European Coal and Steel Community (ECSC), European Economic Community (EEC) and Euratom) whose organisational structure had already been unified in 1965–67, through the Merger Treaty. Later, through the Treaty of Maastricht the word "Economic" was removed from the EEC, so it became simply the EC. Then with the Treaty of Amsterdam additional areas would be transferred from the third pillar to the first. In 2002, the ECSC (which had a lifetime of 50 years) ceased to exist because the treaty which established it, the Treaty of Paris, had expired.

In the CFSP and PJCCM pillars the powers of the European Parliament, the Commission and European Court of Justice with respect to the Council were significantly limited, without however being altogether eliminated. The balance struck in the first pillar was frequently referred to as the "community method", since it was that used by the European Community.

Pillar I: European Communities (Community integration method)

European Community (EC)

European Coal and Steel Community (ECSC, until 2002)

European Atomic Energy Community (EURATOM)

Pillar II: Common Foreign and Security Policy (Intergovernmental cooperation method)

Foreign policy

Security policy

Pillar III: Police and Judicial Co-operation in Criminal Matters (Intergovernmental cooperation method)

History

1993: Origin

The pillar structure had its historical origins in the negotiations leading up to the Maastricht Treaty. It was desired to add powers to the Community in the areas of foreign policy, security and defence policy, asylum and immigration policy, criminal co-operation, and judicial co-operation.

However, some member-states opposed the addition of these powers to the Community on the grounds that they were too sensitive to national sovereignty for the community method to be used, and that these matters were better handled intergovernmentally. To the extent that at that time the Community dealt with these matters at all, they were being handled intergovernmentally, principally in European Political Cooperation (EPC).

As a result, these additional matters were not included in the European Community; but were tacked on externally to the European Community in the form of two additional 'pillars'. The first additional pillar (Common Foreign and Security Policy, CFSP) dealt with foreign policy, security and defence issues, while the second additional pillar (JHA, Justice and Home Affairs), dealt with the remainder.

1999 and 2003: Amendments

Amendments by the treaty of Amsterdam and the treaty of Nice made the additional pillars increasingly supranational. Most important among these were the transfer of policy on asylum, migration and judicial co-operation in civil matters to the Community pillar, effected by the Amsterdam treaty. Thus the third pillar was renamed Police and Judicial Co-operation in Criminal Matters, or PJCCM. The term Justice and Home Affairs was still used to cover both the third pillar and the transferred areas.

Since the end of World War II, sovereign European countries have entered into treaties and thereby co-operated and harmonised policies (or pooled sovereignty) in an increasing number of areas, in the European integration project or the construction of Europe (French: la construction européenne). The following timeline outlines the legal inception of the European Union (EU)—the principal framework for this unification. The EU inherited many of its present responsibilities from the European Communities (EC), which were founded in the 1950s in the spirit of the Schuman Declaration.

Legend:
  S: signing
  F: entry into force
  T: termination
  E: expiry
    de facto supersession
  Rel. w/ EC/EU framework:
   de facto inside
   outside
                  European Union (EU) [Cont.]  
European Communities (EC) (Pillar I)
European Atomic Energy Community (EAEC or Euratom) [Cont.]      
/ / / European Coal and Steel Community (ECSC)  
(Distr. of competences)
    European Economic Community (EEC)    
            Schengen Rules European Community (EC)
'TREVI' Justice and Home Affairs (JHA, pillar II)  
 
/ North Atlantic Treaty Organisation (NATO)
[Cont.] Police and Judicial Co-operation in Criminal Matters (PJCC, pillar II)

Anglo-French alliance
[Defence arm handed to NATO] European Political Co-operation (EPC)   Common Foreign and Security Policy
(CFSP, pillar III)
Western Union (WU) / Western European Union (WEU) [Tasks defined following the WEU's 1984 reactivation handed to the EU]
     
[Social, cultural tasks handed to CoE] [Cont.]                
      Council of Europe (CoE)
Entente Cordiale
S: 8 April 1904
Dunkirk Treaty[i]
S: 4 March 1947
F: 8 September 1947
E: 8 September 1997
Brussels Treaty[i]
S: 17 March 1948
F: 25 August 1948
T: 30 June 2011
London and Washington treaties[i]
S: 5 May/4 April 1949
F: 3 August/24 August 1949
Paris treaties: ECSC and EDC[ii]
S: 18 April 1951/27 May 1952
F: 23 July 1952/—
E: 23 July 2002/—
Rome treaties: EEC and EAEC
S: 25 March 1957
F: 1 January 1958
WEU-CoE agreement[i]
S: 21 October 1959
F: 1 January 1960
Brussels (Merger) Treaty[iii]
S: 8 April 1965
F: 1 July 1967
Davignon report
S: 27 October 1970
Single European Act (SEA)
S: 17/28 February 1986
F: 1 July 1987
Schengen Treaty and Convention
S: 14 June 1985/19 June 1990
F: 26 March 1995
Maastricht Treaty[iv][v]
S: 7 February 1992
F: 1 November 1993
Amsterdam Treaty
S: 2 October 1997
F: 1 May 1999
Nice Treaty
S: 26 February 2001
F: 1 February 2003
Lisbon Treaty[vi]
S: 13 December 2007
F: 1 December 2009


  1. ^ a b c d e Although not EU treaties per se, these treaties affected the development of the EU defence arm, a main part of the CFSP. The Franco-British alliance established by the Dunkirk Treaty was de facto superseded by WU. The CFSP pillar was bolstered by some of the security structures that had been established within the remit of the 1955 Modified Brussels Treaty (MBT). The Brussels Treaty was terminated in 2011, consequently dissolving the WEU, as the mutual defence clause that the Lisbon Treaty provided for EU was considered to render the WEU superfluous. The EU thus de facto superseded the WEU.
  2. ^ Plans to establish a European Political Community (EPC) were shelved following the French failure to ratify the Treaty establishing the European Defence Community (EDC). The EPC would have combined the ECSC and the EDC.
  3. ^ The European Communities obtained common institutions and a shared legal personality (i.e. ability to e.g. sign treaties in their own right).
  4. ^ The treaties of Maastricht and Rome form the EU's legal basis, and are also referred to as the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), respectively. They are amended by secondary treaties.
  5. ^ Between the EU's founding in 1993 and consolidation in 2009, the union consisted of three pillars, the first of which were the European Communities. The other two pillars consisted of additional areas of cooperation that had been added to the EU's remit.
  6. ^ The consolidation meant that the EU inherited the European Communities' legal personality and that the pillar system was abolished, resulting in the EU framework as such covering all policy areas. Executive/legislative power in each area was instead determined by a distribution of competencies between EU institutions and member states. This distribution, as well as treaty provisions for policy areas in which unanimity is required and qualified majority voting is possible, reflects the depth of EU integration as well as the EU's partly supranational and partly intergovernmental nature.

2009: Abolition

In a speech before the Nice Conference, Joschka Fischer, then Foreign Minister of Germany, called for a simplification of the European Union. One of these core ideas was to abolish the pillar structure, and replace it with a merged legal personality for the Union. This idea was included in the Treaty of Lisbon, which entered into force on 1 December 2009. With a legal personality, Union is, for instance, able to be part of international treaties. The Treaty of Lisbon also states that "the Union shall replace and succeed the European Community," with the effect that, once the Treaty entered into force, the EU obtained the membership of the World Trade Organization (WTO) which had belonged to the European Communities pillar.

The abolition of the "3-pillar structure" was welcomed by practitioners and academics who had long considered the 'pillar metaphor" to be unrealistic, if not absurd. The idea that one pillar could be the Communities, while the other two were merely "policies" or "cooperation" was scarcely credible.

In the Lisbon Treaty the distribution of competences in various policy areas between Member States and the Union was reorganised into the following scheme:

Competences of the European Union in relation to those of its member states[1]
Exclusive competence
Shared competence
Supporting competence
The Union has exclusive competence to make directives and conclude international agreements when provided for in a Union legislative act as to …
Member States cannot exercise competence in areas where the Union has done so, that is …
Union exercise of competence shall not result in Member States being prevented from exercising theirs in …
  • research, technological development and (outer) space
  • development cooperation, humanitarian aid
The Union coordinates Member States policies or implements supplemental to their common policies not covered elsewhere in …
The Union can carry out actions to support, coordinate or supplement Member States' actions in …
  • the protection and improvement of human health
  • industry
  • culture
  • tourism
  • education, youth, sport and vocational training
  • civil protection (disaster prevention)
  • administrative cooperation

See also

External links

This page was last edited on 19 May 2024, at 15:20
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