Supranationalism vs Intergovernmentalism

EU22
Compiled by:
Justin Ravago
Submitted to:
Ambassador Gonzales

October 10, 2011




I. Introduction

Since 1990s, it has been common practice to distinguish the
intergovernmental and supranational parts of the European Union. However,
neither of these is stable. Throughout the years, they have long since begun to
overlap.

II. Intergovernmentalism

Definition
In terms of polity: intergovernmental designates the institutions
representing the member states:

Council of Ministers
European Council
Subsidiaries

Intergovernmental policy-making
Procedures in which the member states have asserted their primacy
Policies that require unanimity
Mostly based in the old 2nd & 3rd pillars of the European Union


Intergovernmental politics
Intergovernmental politics basically means Council politics & dynamics. It
features the following:

A horizontal structure on one axis as sovereign and equal actors
Countries communicate through negotiations
Organizations do not act as hierarchic structure bodies
Countries remaining in the horizontal structure accept negotiations more
easily
Constantly controlled by governments of participating countries
Operate under the pressure of consensus, but the state is still present
Countries establish international institutions in order to satisfy their own
interests.

Intergovernmentalists
Intergovernmentalists, in essence, are the main proponents of
intergovernmentalism in Europe. They want a radically different Europe from its
current state. It is prominent mostly in Britain and France, the two oldest and
most influential countries, at least they used to, among the European Unions
member-states.
They argue:
Control should be in the hands of national govts
Council of Ministers & European Council as most powerful bodies
Arguments centre around democracy
Argument on Democracy
People of Europe elect National Govts
They should make important decisions
Should not be extended beyond the nation state
Concerns on over size, languages & culture

Minimal Integration
On the basis of these premise, intergovernmentalists conclude that
European integration would remain minimal under the concept of
intergovernemntalism as opposed to supranationalism which would enlarge the
EU radically.

Defending Intergovernmentalism
Tony Blair has famously argued that democratic legitimacy comes from
member states. It has ben echoed by the French, the British and the influential.
Through the years, however, Europe has seen a diminished utility of the
concept of intergovernmentalism. Unlike supranationalism, it does not capture
the transformative potential of everyday decision-making that a supranationalist
state provides. Moreover, its concept appears increasingly & ideal-typically
remote in the current state of the European Union.


Supranationalism

Definition
Supra:
o A latin prefix for beyond and above.

Notion:
o Something happens above nations, above states

Important feature:
o Shared Set of Values

According to Feliks Gross: when common values are broadly accepted,
people establish relationships of different reach:
local
regional
national or supranational
universal

Different meanings
1. For sociologists, supranational values is the underlying characteristc of the
whole mankind.
2. For international scientist, supranational values means having an extra-
governmental character.
3. Supranationalism in European Studies meanwhile, talks about 2 concepts:
The idea of the unity or the statehood
The subtle vision of the community
These two are overlapping and co-existing

Concept
Supranationalisms concept is closely linked to the idea of networks, since
the cooperation on this level must result in the creation of the community, which
is a type of network

Approach
Its main approach is to control on the social level the uncontrollable
national interest impulses happening on the international level.

Structure
The structure allows for a free flow of rules & regulations that do not allow
restricting other national cultures influence.

Values
Among its values are non-discrimination of nations, free transfer of
regulations, permeability of borders, control over the otherwise uncontrollable
outbreak of national interests.

Robert Schuman
In 1949, he first coined the term supranational associations. He defined
supranational cooperation as a new step in the human kind of development, or
even a new era in the history of the world. Moreover, he strongly believed that
supranationalism guarantees true democracy as opposed to
intergovernmentalism and that bureacracy is a threat.

In 1950 he first defined supranationality. A supranational authority is to
be established beyond the national sovereignties that is joined by all the
participating countries. It is, according to him, an expression of partnership
among these countries. Such authority takes advantage of their partially joined
national sovereignties

Jean Monnet

In 1955 he said: Ordinary cooperation among governments will soon
become insufficient.
According to Monet, it is absolutely necessary that individual countries
delegate part of their authority to the European federal institutions mandated by
all member states understood as entity. He believed that Europe must make
room for a higher form of organisation and learn how to cohabitate under the
aegis of common law and common institutions.

2 Types of Supranationalism
According to Christian Joerges, there are two types:
1. Orthodox Supranationalism
2. Deliberative Supranationalism

Orthodox
Takes advantage of the power of stronger arguments
Features the hierarchic concept of supremacy, for instance: the
Community law
Reluctant to cooperate in finding a modus vivendi; it is more inclined to
oppose it

Deliberative
Based on communication and cooperation, and it depends on them
Solving functionally complex problems is more and more dependent on
communication and cooperation
Synthesis of intergovernmental activity and supranational decision-making


On one hand, supranationalism is a level of international cooperation
On the other, it is a model of institutional structure present in international
relationships.

The Supranational Process

Delegating National Powers
a. International institutions negotiating and acting on behalf on the
participating countries can be delegated by these countries to take
over the powers and certain national functions.

b. The institutions operating within the hierarchical system in the
absence of the representatives of the participating countries and
above them, and which have received specific national powers, are
given a supranational status.

c. The results of actions carried out by the supranational
organisations can be accepted within the vertical structure of
supranational nature ountries have consented to such solution.

d. It is necessary to legitimise such actions by delegating some of
these countries national powers to the institutions. It authorizes
supranational bodies to take action.
States hope these institutions will independently monitor negotiated contracts
with states:
Prevent them from resigning
Emancipation of Delegated Powers
Powers can be executed jointly
Countries can maintain influence & control over transferred powers
However, the international institution can single-handedly start creating its
own areas of exclusive authority
Independency

Thus:
The supranationalism process begins with the delegation of powers. By
acting independently, it obtains the character of a supranational organization.
After awhile, it assumes an exclusive authority and thus act as a true
supranational body governing an enlarged state.

The Monetary Policy of EU
The Monetary Policy of the European Union was initially a responsibility of
national states. However, throughout the decades, with the adoption of the
single currency: Europe required to establish the euro area. Consequently, it
needed the creation of a supranational body: the European Central Bank. It has
become the Communitys exclusive authority when it comes to the euro and
other financial institutions within the European Union.
European Court of Justice
The Community law has been transformed into an autonomic legal
system, through the creation of the European Court of Justice. It has been the
main branch of the EU with regard to just execution of laws and to maintain
balance among the member states by making decisive actions over rules and
regulations. European Community law presents now the supranational nature
over nation laws, through the ECJ.

Goal of Supranationalism
In an anarchic international system, there are two levels of the states
presence:
National or egoistic
International or intergovernmental
Both of these levels are often unwelcome and not always effective solutions
for the states themselves.
Thus, the main goal of supranationalism is to establish mutual relations and to
accomplish goals that could not be reached by countries neither on the national
or intergovenmental levell
These institutions are gradually given compentencies. It is intentionally &
voluntarily created by national states. And it offers better, more effective
instruments to execute the states preferences.
The cost of improving this kind of effectiveness is transfer of power, however
it is compensated by the expansion of new possibilities and new instruments of
impact.

The Institutional Foundations of Supranationalism

3 Supranational Institutions
Commission of European Communities
European Court of Justice
European Parliament

Central Contention
The balance of power among these institutions has changed considerably
since Rome. The evolution of the EUs legislative regime has affected mainly the
commission to implement policy, and the ECJ to adjudicate policy disputes.

History of European Integration
4 epochs
1. Luxembourg Compromise
2. SEA
3. Maastricht & Amsterdam
4. Lisbon

Luxembourg Compromise Period
1958-87
In this period the Council was an ineffective collective institution
System of national vetoes
Mitigated power of the Commission
Unanimity-voting
Scant volume of opportunities
Freedom of the Court was the primary force propelling integration

SEA Period
In this period, the Council became more effective at the cost of national
sovereignty.
Veto power minimized
Move from unanimity to QMV
Commission had more power
o Agenda-setting
Cooperation procedure with the EP.
Prime mover behind integration

Maastricht & Amsterdam
Parliament became a powerful legislator and a coequal with the council
through the codecision procedure.

More power to the Commission to implement policy
And to the Court to adjudicate disputes

Lisbon
The European Unions Treaty of Lisbon entered into effect on December
1, 2009. In this treaty, it was stated that significant amendments to the European
Unions foundational treaties marks yet another step in the process of creating
an ever closer union among the peoples of Europe.
Merger of the European Community into the European Union
Elimination of the EUs 3rd Pillar
Permanent President for the European Council
Treaty status for the CFR
Most importantly -> Expansion of QMV

QMV and its Critics
To its proponents, further use of majority voting provides necessary
efficiencies in EU lawmaking. To its critics, the addition of majority decisions
threatens the Member State sovereignty that unanimous voting would protect.
Even more, skeptics view the extension of QMV as a key component of the
Unions movement toward supranationalism.



What is the EU and what should it be?
Some academics and politicians favor an intergovernmental form for the
EU, a structure in which all critical decisions must be agreed to by each Member
State.
Others urge a supranational federal arrangement in which the Union
serves as an independent and powerful central government that stands above
the national governments.
The EU is a hybrid.

The EU as an IGO
Like all IGOs, the EU was created by treaties
Structurally, the EU is an IGO that can add new member states and
suspend the vote rights of those that violate
Under Lisbon, a member state may withdraw
The EU is distinctly intergovernmental whenever unanimity is required
EUs ability to act in budget, defense, police, cultural, education and social
polices

The EU as a Supranational Entity
The EU posseses a number of characteristics that are distinctly state-like.
It is permanent entity that has a legal personality, privileges and immunities.
Legislative, Executive & Judicial branches
Budgetary resources control
External relations
Many legislative decisions are now made through QMV
Most importantly, the EUs legal acts have primacy over Member State law

The EU as a Hybrid
EU contains both elements
Like an IGO, the EU is treaty-based and membership is voluntary
Treaty amendments are voted through unanimity
Like a Supranational entity, the EU has independence and its laws have
primacy
While legislation is QMV

QMV
At the heart of this balancing act is the matter of majority voting. A nation
that has agreed to majority rule has accepted the fact that it may find itself
subject to legislation that it does not want. Its objections may be to no avail, and
thus it will have yielded to outsiders its right as a sovereign nation to manage
certain of its affairs.
According to Andrew Moravcsik: the EUs changing treaty base has had a
marked impact on the process of European integration.



How will they affect the interactions among the EUs major institutions?

The law of unintended consequences has been a central fact of treaty
revisions. Governments pay so much attention to treaty revisions that they
become least likely aspects of these treaties. Mistakes have been eradicated,
however through the codecision procedure. The collective will of member
governments on their desired trajectory of EU evolution will be the main factor
whether the EU will become a true supranationalist state.

The future of the EU is toward becoming a supranational state: this has
been the main thrust in integrating the European Union long since Robert
Schumans time. Through a supranational authority governing the whole of EU, it
will hopefully create a strengthen EU in terms of culture, diplomacy and
economic aspects to compete in the modern day era.









Bibliography

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Integration: A Review." University of South Carolina (1999). Print.

Lebeck, Calr. "Sliding Towards Supranationalism?" German Law (2007). Print.

Menon, Anand. "Democratic Politics in a Globalising World: Supranationalism
and Legitimacy in the EU." London School of Economics Law
Department (2007). Print.


Arcas, Rafael. "Theories of Supranationalism in the EU." Harvard Law
School (2006). Print.

Tsebelis, George. "The Institutional Determinants of Supranationalism and the
EU."University of California Los Angeles. Print.


Constitution, Our. "FREEDOM IN JEOPARDY | THE CASE AGAINST THE EU
AND SUPRANATIONALISM." Freedom-Central.Net | Resource Portal for
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