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The electronic version of the thesis will be protected against duplication. Selecting this option allows no reproductions to be made for researchers. The electronic version of the thesis will be protected against duplica~ion. This option does not dis-allow resexchers kon-c readinal'viewing the work in eitkker hardcopy or digital fom. The More, the Merrier? The Effects of EU Enlargement on European Integration by Ruxandra Paul Professor Cathy Johnson, Advisor A thesis submitted in partial fulfillment of the requirements for the Degree of Bachelor of Arts with Honors in Political Science Williams College, 2005-2006 To my beloved parents, Doina and Tony Contents Introduction: The Mysteries of European Enlargement .............................4 Chapter I: The Enlargement Menace? A History of European Integration ......41 Chapter 11: A New Hope: Debunking the Myth of the "EU Generation Gap" ...71 Chapter 111:The Union Strikes Back .The Procrustean Bed of Enlargement Negotiations....................................................................................90 Chapter IV: Attempting Comparison .Hey EU. What Kind of Political Animal Are You? ......................................................................................114 Conclusion....................................................................................161 Appendixes...................................................................................167 Bibliography.................................................................................170 INTRODUCTION The Mysteries of European Enlargement In the aftermath of World War 11, European leaders decided to secure peace among their countries and stimulate prosperity by uniting the continent economically and politically. Not only did the project of building a united Europe facilitate Germany's reintegration in continental and transatlantic relations, but also it allowed Western European countries to consolidate a common front with the United States in the context of the emerging Cold War. In 1950, the French Foreign Minister Robert Schuman suggested integrating Western European coal and steel industries. Pursuing his proposal, six countries (France, West Germany, Italy, Belgium, Luxembourg and the Netherlands) established the European Coal and Steel Community (ECSC) in 195 1. ECSC member states delegated decision-making power in these two strategic industries to a supranational independent body, the High Authority. This pooling of sovereignty and the resulting modest transfers of power marked the beginnings of European integration. As Desmond Dinan notes, the ECSC was "politically important and institutionally innovative, but economically insignificant."' To benefit more from integration, the Six created in 1957 the European Economic Community (EEC) and the European Atomic Energy Community (Euratom). The three communities merged in 1967 forming the European Community (EC), the European Union's direct ancestor. The Rome Treaty establishing the EEC emphasized in its Preamble the signatories' commitment to "lay the foundations of an ever closer union among the Dinan, Desmond, Europe Recast: A History of European Union, Boulder, Colorado: Lynne Rienner Publishers, 2004; p. 64. peoples of ~uro~e."~ This provision prefigured two distinct directions for the Community7 s future development: 1) European integration, i.e. in order to achieve an ever closer union, member states will continue to delegate more power in an increasing number of areas to European institutions; and 2) European enlargement, i.e. in order to achieve European union, other European countries will join the Community and participate in collective decision-making. While the former dimension of Community development was explicitly accentuated, the latter remained implicit, yet just as essential. After all, a European Community of six countries that originally did not even include the United Kingdom would have produced little effect in international politics had it claimed to speak for the entire continent. Thus, the official direction the European Community has pursued from its birth assumes that integration and enlargement can and should go hand in hand. Many scholars dismiss this idea as mere "official rhet~ric,"~ warning that ample enlargement (particularly towards Southern and Eastern Europe) may compromise the EU's capacity to f~nction.~ Such apprehensions are not surprising. By definition, regional integration provides common rules, regulations and policies for a particular region. 5 As Zielonka remarks, "one does not need to be a disciple of Max Weber to acknowledge that ambitious projects of political, economic and military integration Treaty Establishing the European Economic Community, full text available at: http://www.europa.eu.int~abc/obj/treaties/edentoc05.htm Zielonka, Jan, "How New Enlarged Borders W~ll Reshape the European Union," Journal of Common Market Studies, Vol. 39, No. 3, September 2001; p. 510. Hildebrandt, Antje, What Is Special about Enlarging the European Union Towards the East? A Comparison With the Southern Enlargement, Bank of Finland -Institute for Economies in Transition, BOFIT, No. 13,2002; p. 15. Mattli, Walter, The Logic of Regional Integration: Europe and Beyond, Cambridge: Cambridge University Press, 1999; p. 44. can only work in a relatively homogenous en~ironment."~ Successive rounds of enlargement have increased the EU's heterogeneity, and future expansions will generate similar effects. Ostensibly, this should have profoundly negative repercussions on integration. Numerous politicians and journalists have fostered such expectations concerning the enlargement's consequences among European citizens. For instance, in the 1990s, British Prime Minister John Major "supported enlargement in the hope that widening would weaken the EU," which "hardly endeared him to the Central and Eastern Europeans, who wanted to join a strong EU and had few qualms about voluntarily sharing sovereignty."7 In practice, widening and deepening have proceeded in parallel in the last fifty years. Successive waves of enlargement increased the Union's membership from the initial six to the present twenty-five (see table 1). Romania and Bulgaria are currently completing the accession process and will join the EU in 2007 or 2008. Other countries have started negotiating (e.g. Croatia, Turkey). Meanwhile, integration has progressed as well: the European Community became the European Union through the Treaty of Maastricht (1992). Members have formed a single market and adopted a common currency. They established a customs-free area, and harmonized some of their social and environmental legislation. Also, they started to coordinate their foreign and security policy, as well as collaborate in justice and police matters. Before Maastricht, the EC had doubled its membership, which did not prevent it from making the historical transition from Community to Union. Can the EU accommodate diversity without diluting or compromising integration? Can the old adage "the more, the merrier" be applied to the European project? zielonka, 2001; p. 515. Dinan, 2004; p. 274. Table 1:The EU's Increasing Membership Original Member States (1957) Belgium, France, (;crmany, Italy. Luxembourg, the Netherlands First cnlargelilent (1 973) Britain, Denmark, Ireland Second enlargement (1981) Grcece Third enlargenlent (1986) Spain, Portugal Fourth enlargement (1995) Austria, Finland, Sweden 1;ifth enlargement (2001) Czech Republic, Poland, Estonia, Latvia, Lithuania, Hungary, Slovenia. Slovakia. Cyprus. Malta The present thesis examines the relationship between the two facets of the "ever closer union" -expansion and the pooling of sovereignty -and argues that European enlargement does not dilute integration, but can (and often does) strengthen the latter in many respects, as historical analysis demonstrates. As integration advances, the EU affects the lives of European citizens more directly and in more ways. EU membership confers rights and imposes responsibilities. Governments abide by European principles and policies. Legislatures adopt European laws and executives implement them. Domestic courts decide cases based on European legislation that often takes precedence over national laws. Employers and businesses must respect European guidelines concerning workers and products, as well as keep an eye on the interpretations of EU legislation that the European Court of Justice formulates. European citizens travel without visas in the part of the continent where member states have abolished internal borders to create the so-called Schengen space, and workers can freely seek employment. Less affluent countries receive money from the Union's structural funds. The relationship between integration and enlargement defines the EU's future, a future which shapes the daily lives of an increasing number of Europeans. In January 2004, the EU had a population of 456.4 million, after the ten joining members from Central and Eastern Europe added their 74.1 million people to the EU15 population. The Euro Zone alone had a population of 308.4 million.' These people are not only citizens of their democratic countries, but also European citizens according to the Treaty of Maastricht. They vote to elect their national representatives to the European Parliament. Also, democratically elected national governments appoint ministers who participate in collective decision-making in the Council of Ministers. While non-controversial EU laws conferring rights to European citizens do not always receive media coverage or public attention, anti-EU protests of trade unionists or farmers in France or Germany occasionally take over the news. The EU's influence on domestic political and economic affairs is a matter of interest for every European, and enlargements typically generate concern and diverse fears among European citizens. Apprehensions concern issues ranging from capital migration to environmental standards, from migrant workers to European security, from agriculture to human rights and political stability. Frequently, in domestic politics, a number of candidates tap into these popular fears and nurture -via populist agitation and demagoguery -nationalistic, anti-European and xenophobic sentiments to increase their personal electoral capital or that of their parties. In 2004, the biggest enlargement wave in EU history occurred: ten countries (eight from Eastern Europe, plus Cyprus and Malta) joined the Union. The full impact of this political decision on integration remains unclear, but could be anticipated if one identified the typical effects of enlargement on the pooling of sovereignty. Analyzing the relationship between enlargement and integration, the two dimensions of EU development, constitutes the object of this thesis. My work tries to determine whether the EU's official vision that deepening and widening can proceed simultaneously is accurate and justified. This thesis will explore past phenomena and Eurostat News Release, "European Demography in 2003," Internet source: http://epp.eurostat.cec.eu.int/cache/ITYPLIC/3-31082004-BPlEN13-3 1082004-BP-EN.PDF clarify contemporary realities, as well as potentially serve to anticipate the implications of future enlargements. Any scholarly attempt to anticipate the future of the old continent or the future configurations of the international political arena must consider the spectacular developments in EU governance. As Andrew Moravcsik notes, "over the past half- century, the EU successfully expanded its substantive scope and institutional mandate until it now stands without parallel among international institution^."^ A geo-political entity developed in the globalization era, the EU has reshaped fundamental notions such as nation-state, national regulatory autonomy and sovereignty. Its contributions will define the directions in which European and international politics will evolve in the twenty-first century. The integrative process is extremely complex. EU integration has two complementary facets: pooling of sovereignty and flexibility. Flexible policy- coordination schemes allow individual countries to opt out of certain initiatives pursued by a majority of member states. I use the term "flexibility" instead of "fragmentation," (although Moravcsik uses them interchangeablylO) because the former conveys the idea that, in the EU context, opt-outs often benefit integration more than harm it. Flexible mechanisms enable a majority of member states to cooperate despite the opt-out of one country. For instance, the European Monetary Union functions today and includes the Euro despite the British refusal to adopt the common currency. The 1985 Schengen agreement allows citizens to travel freely between signatory countries, despite the fact that Ireland and the UK opted out (whereas Norway and Iceland, both non-members, participate). The Maastricht Treaty Moravcsik, Andrew, "Federalism in the European Union: Rhetoric and Reality", in Nicolaidis and Howse (eds.), The Federal Vision, Oxford: Oxford University Press, 2001; p. 161. lo Moravcsik, Andrew (ed.), Centralization or Fragmentation? Europe Facing the Challenges of Deepening, Diversity, and Democracy, New York: Council on Foreign Relations, 1998. itself could be adopted as a whole even though the UK initially opted out of the Social Protocol (as soon as Labour replaced the Conservative cabinet, Britain adopted the Social Protocol). In sum, had opt-outs and reservations not been possible, the hesitations of one country (older or newer as an EU member) could have impeded the progress of integration. Policy integration brings benefits for insiders and creates relative disadvantages (negative externalities) for countsies that opt out." Consequently, disadvantaged outsiders generally find themselves under increasing pressure to catch up with the more integrated group of EU members. For example, this is currently the case with Central and Eastern European countries that aspire to join the Euro zone. While differentiated integration has been officialized in the text of European treaties, this principle essentially creates opportunities for existing members to pursue the pooling of sovereignty in the future; it does not, however, allow new members or candidates to seek exemptions from existing EU legislation. On the contrary, in the pre-accession period, joining countries have faced an ever-stricter set of requirements imposed by European institutions as conditions for membership. Among the key principles that have traditionally guided EU enlargements, the following ranks first: "no permanent opt-outs for new members."12 In the last decade, enlargement has been characterized by a rigid conditionality that protects integration: newcomers must adopt and implement the entire body of European legislation (acquis communautaire). Transition periods have been drastically reduced or even completely eliminated, as EU institutions force joining countries to adapt as rapidly as possible to Union l1 Mattli, The Logic of Regional Integration: Europe and Beyond, p. 13; also p. 42: "The demand for regional rules, regulations and policies by market players is a critical driving force of integration." l2 Peterson, John, and Elizabeth Bomberg, "Northern Enlargement and EU Decisionmaking" in Laurent, Pierre-Hemi and Marc Maresceau (eds.), The State of the European Union, Vol. 4: Deepening and Widening, Boulder, London: Lynne Rienner Publishers, 1998; p. 59; and also Preston, Christopher, "Obstacles to EU Enlargement: The Classical Community Method and the Prospects for a Wider Europe," Journal of Common Market Studies, Vol. 33, No. 3, September 1995; p. 452. standards. All in all, in practice, flexibility is an option open to states that want to advance integration in new areas; the principle does not benefit joining countries that attempt to secure exemptions from existing rules and legislation during pre- enlargement negotiations. Where is European Integration Theory When You Most Need It? Despite their impressive and ever-increasing number, European integration approaches and theories have failed to formulate theoretically rigorous or empirically supported analyses of the relationship this thesis explores. Schimmelfennig and Sedelmeier note, for example: "it is striking that EU enlargement has been a largely neglected issue in the theory of regional integration."13 Nevertheless, before presenting my own argument, I will summarize the main theoretical arguments in integration theory, to provide a general framework for identifying and classifying dominant explanations or expectations concerning enlargement and its implications. While comprehensive theoretical surveys require entire volumes due to the high number of approaches and subdivisions, overlaps and grey areas,14 some landmarks are necessary. With the risk of oversimplifying, I will adopt the classification used by Daniel Kelernen in his lectures on European integration15 and group approaches in three schools: supranationalism, intergovernmentalism and institutionalism. Supranationalist theories, usually united under the broad label of neo-functionalism, identify supranational institutions and interest groups as the key actors 13 Schimmelfennig, F., and U. Sedelmeier, "Theorizing EU Enlargement: Research Focus, Hypotheses, and the State of Research" in Journal of European Public Policy, 9 (4), 2002; p. 501. 14 For a complete analysis and discussion refer to Rosamond, Ben, Theories of European Integration, The European Union Series, New York: St. Martin Press, 2000; and Wiener, Antje and Thomas Diez (eds.), European Integration Theory, Oxford: Oxford University Press, 2004. l5 Kelemen, R. Daniel, Lectures on European Integration, Oxford University, Michaelmas Term, October 2004. in European integration.16 Neo-functionalism claimed that, once integration began in a few strategic sectors, it would expand through functional spillovers to other sectors, with the sponsorship of supranational institutions. For instance, integration of the coal and steel industries would generate pressures to integrate related economic sectors such as energy policy, transportation or environmental standards. The inevitable consequence was a "gradual and progressive entangling of national econ~mies,"'~ which would, in turn, lead to political integration. EU institutions seek to maximize their power, whereas interest groups pursue material self-interests. Two main causal mechanisms explain the progress of integration: supranational entrepreneurship and functional spillover. Supranational entrepreneurship means that European "Frankenstein"-like institutions, once created, gain a will of their own and develop ties with sub-national, national and transnational interest groups to circumvent national governments. Indeed, neo-functionalism underscores that this entrepreneurship eventually triggers a transfer of individual and interest group loyalties from national to European institutions. The concept of spillover derives from functionalist approaches: essentially, once states begin to cooperate in one policy area, the initial cooperation generates pressures to integrate other related areas to increase efficiency and benefits. For example, the Schengen space in which citizens can move freely from one member state to another would create pressures to collaborate in related sectors such as policing and external border control. In neo-functionalist terms, integration "spills over" from the integrated policy area to related non-integrated sectors. l6For more detailed descriptions of neo-functionalism refer to works by Haas, Ernst (The Uniting of Europe. Political, Social and Economic Forces, 1950-1957,Stanford: Stanford University Press, 1958; Beyond the Nation State: Functionalism and Internatiorzal Organization, Stanford: Stanford University Press, 1964);Lindberg, L.N., and Scheingold S.A. (Europe's Would-Be Polity: Patterns of Change in the European Community, Englewood Cliffs, NJ: Prentice Hall, 1970),or Schmitter, P.C. ("Three Neo- Functional Hypotheses about European Integration," International Organization, 23 (I), 1969). l7 Rosamond; p. 51. Supranationalist theorists perceive integration as an ongoing process. While functionalists understood the pooling of sovereignty as more or less inevitable, very few neo-functionalists believe in automatic progress. Developments between EU intergovernmental conferences (IGCs or treaty rounds) constitute the main empirical focus of supranationalist theories. Although even the critics of neo-functionalism acknowledged its merits,'' its limitations appeared obvious to everyone including neo-functionalists themselves, soon after the Community's establishment. According to Haas and Lindberg, "the spillover hypothesis seemed to suggest that integration was a linear, progressive phenomenon; that once started, dynamics would be set in place to continue the m~mentum."'~As early as the mid 1960s, the road towards union looked bumpier than previously thought. Member state governments proved to be alive and kicking, still retaining control over the European project. In 1965,France withdrew its Brussels representative boycotting discussions of new EC policies. Walter Hallstein, the President of the European Commission at the time, had proposed an increase in Commission powers as well as a replacement of unanimity with qualified majority voting in many commercial decisions. Fearing that the empowerment of European institutions would undermine national sovereignty, President Charles de Gaulle strongly opposed both initiatives. Hallstein tried to compromise. The deadline for an agreement on permanent financial arrangements concerning the Common Agricultural Policy (CAP) was looming. Due to the approaching presidential elections in France, de Gaulle wanted this agreement that benefited French farmers. Hallstein thought de Gaulle would compromise on the issue l8 Moravcsik, Andrew, "Preferences and Power in the European Community: A Liberal Intergovernmentalist Approach to the EC," Journal of Common Market Studies, 31, no. 4, 1993; p. 474. l9 Rosamond; p. 63. of Community power, but instead France responded to pressures by withdrawing its representative from negotiations. The "empty chair" crisis lasted until 1966 when the Luxembourg compromise endorsed the right of every member state to veto European proposals it deemed detrimental to its 'vital national interests.' Integration did not proceed gradually and linearly, but instead discontinuously, in spurts, with stumbles and periods of stagnation. Before the ECSC's success, attempts to establish a European Defense Community and a Political Community had failed. Moreover, neo-functionalists had overestimated the extent to which individual and interest-group loyalties would transfer to European structures: citizens continued to feel strongly about their elected national officials and generally ignored the "faceless bureaucrats" in Brussels. Nationalism refused to wither away: politicians such as Charles de Gaulle and Margaret Thatcher successfully defended national interests despite all supranational pressures. More recently, a new rise in radical nationalism has generated panic among European democracies. In 2000, Jorg Haider's extreme-right Freedom Party joined the People's Party to form a coalition government in Austria. Two years later, Jean-Marie Le Pen, the leader of the French extreme-right party Le Front National, qualified in the 2002 run-off of the presidential election against the incumbent Jacques Chirac. Emerging as a reaction to supranationalism, intergovernmentalism contested the idea that integration progresses linearly, spreading from one policy area to another and circumventing the member states' control. This school argued that sovereign states remain the key actors in European integration and showed that reality had contradicted neo-functionalism. Sovereign states pursued European integration as a means to maximize their security andlor defend their economic interests. When countries shared interests or secured tradeoffs, the European pooling of sovereignty could advance. The central mechanism was the intergovernmental bargaining between powerful states, which determined the future directions of integration." Intergovernmentalist analyses concentrate on IGCs and treaty negotiations. Given that cooperation is voluntary, that vital decisions take place in a non-coercive unanimity voting system, and that resort to qualified majority voting occurs only to increase the efficiency of bargaining, European institutions constitute a structure that merely facilitates negotiation by "providing a set of passive, transaction-cost reducing The European Council illustrates the argument that intergovernmental bargaining drives integration. This structure formed in 1974 institutionalized the informal meetings gathering the heads of government and foreign ministers of all member states. Although initially not a part of the EC's official framework, the European Council asserted itself over time. The Single European Act (SEA) officially acknowledged the Council's role and allowed it to initiate European legislation. Ex Art. D (currently Art. 4 TEU) states: "The European Council shall provide the Union with the necessary impetus for its development and shall define the general political guidelines thereof." Article 13 TEU enables th.e Council to shape the principles and rules for the Union's Common Foreign and Security Policy. According to Craig and de Bdrca, the European Council "plays a central role in setting the pace and shape of Community policy, establishing the parameters within which the other institutions 20 For more information on intergovernmentalism, refer to the works of the school's leading scholars: Hoffmann, Stanley ("Obstinate or Obsolete? The Fate of the Nation State and the Case of Western Europe," Daedalus 95, 1966, and The European Sisyphus: Essays on Europe, 1964-1994, Boulder, CO: Westview, 1995); Moravcsik, Andrew (The Choice for Europe: Social Purpose and State Power from Messina to Maastricht, London: UCL Press, 1998); Milward, Alan (The European Rescue of the Nation State, London: Routledge, 1992), etc. 21 Moravcsik, 1993; p. 517. operate."22 The European Council has become a catalyst for calling the intergovernmental conferences that precede major treaty amendments. While intergovernmentalism brings political leaders, people and state interests back into analyses of European integration, it suffers from inherent limitations stemming from its perception of European institutions as a passive framework. Consequently, this approach cannot account for the evolution of the ECJ and its activism: "The expansion of judicial power in the EC presents an anomaly for the functional explanation of delegation as a deliberative means by national governments of increasing the efficiency of collective decision-making.?'23 The Court, for instance, has actively promoted the supremacy of European legislation over domestic law. Also, intergovernmentalism cannot account for the increase in law-malung powers of the European Parliament that has occurred at the expense of the intergovernmental Council of Ministers. There is no plausible explanation for justifying why states would suddenly agree to give a European assembly the right to influence decisions made by the representatives of national governments. Indeed, European institutions proved more active in pursuing their own empowerment than intergovernmentalists were ready to acknowledge. More recently, institutionalism has emerged as an attempt to reconcile supranationalism and intergovernmentalism by acknowledging the importance of both European institutions and sovereign states in the pooling of sovereignty. Lee Miles explains that the more sophisticated and flexible policy options currently available to EU decision-makers, as well as the "ambitious enlargement agenda since the early 1990s" caused this shift away from the Grail of 'grand theory': EU scholars gave up searching for "any single 'meta-theory' that can claim to effectively explain all 22 Craig, Paul, and de Biirca, GrGnne, EU Law: Text, Cases, and Materials, 3rdedition, Oxford University Press, 2002; p. 73. 23 Moravcsik; p. 513. aspects of the integration process and nature of the Union. In practice, the contemporary preference has been to advocate the usage of 'middle-range' theoretical approaches that focus on some of the dynamics associated with the The institutionalist label, hence, covers an amorphous group of theoretical approaches that have little in common apart from this general intention. As Kelemen noticed, most contemporary students of European integration identify themselves as institutionalist^.^^ Historical institutionalists, for instance, are in fact "neo-neo-functionalists" (as Schmitter characterized them in the creative and polysyllabic tradition of European theory jargon) who claim that while states do initially control the integration process, they subsequently lose this predominant power over policy- making and cannot regain it later. The impossibility to regain power appears because a) EU institutions are partially autonomous; b) government leaders have restricted time horizons and concentrate almost exclusively on short-term goals; and c) reform is blocked by institutional barriers, sunk costs and rising price of exit.26 Institutionalization theorists rely on a descendant of the neo-functionalist "spillover": the "loop of institutionali~ation."~~ They argue that increased interaction drives integration forward. If cross-border European exchange increases, the demand for supranational rules and institutions increases as well. New supranational rules 24 Miles, Lee, "Theoretical Considerations" in Neil1 Nugent (ed.) European Union Enlargement, Basingstoke and New York: Palgrave Macmillan, 2004; p. 253-254. 25 Kelemen, Daniel, Lectures on European Integration, Oxford University, Michaelmas Term, 2004. 26 For more details on hstorical institutionalism refer to the works of Pierson, Paul ("The Path to European Integration: A I-Iistorical Institutionalist Analysis," Comparative Political Studies 29 (2), 1996); Marks, G., Hooghe, L. and Blank, K. ("Europeali Integration from the 1980s: State-Centric v. Multi-Level Governance," Journal of Common Market Studies 3413, 1996). 27 For explanations of institutionalization theory refer to the works of Stone Sweet, Alec, Wayne Sandholtz and Neil Fligstein (eds.), The Institutionalization of Europe, Oxford: Oxford University Press, 2001; and Stone Sweet and Sandholtz, "Integration, Supranational Governance, and the Institutionalization of the European Polity," in Stone Sweet and Sandholtz (eds.), European Integration and Supranational Governance, Oxford: Oxford University Press, 1998. shape the context for ongoing debates, while state and non-state actors adapt their preferences, strategies and behaviors to the rules Finally, rationalist institutionalists interpret the process of European integration as a series of rational-choice interactions. This branch of institutionalism that, as Schmitter noticed, "overlaps loosely with liberal intergovernmentalism28 focuses on the strategic interaction between national governments and EU institutions in the context of existing rules. Sovereign states have exogenously defined policy preferences, while EU bodies act according to institutional self-interest. Rationalist institutionalists aim at describing how integration works (e.g. policy making, implementation, adjudication, etc.). 29 None of these theories and approaches has answered the question that constitutes the object of my thesis: how does EU enlargement impact on integration? From the neo-functionalist camp, Philippe Sch~mitter writes: neither functionalism nor neofunctionalism nor neo-neofunctionalism has or had anything to say about enlargement. Expansion into additional functional tasks, yes; extension into additional territorial units, no. Had their basic assumptions been taken seriously, they would have been immediately proven wrong in predicting who would choose and be chosen to participate in the regional integration of Europe. Switzerland, for example, should long have been a member of the EEC/EC/EU and Greece should not have joined.30 From the intergovernmentalist camp, Frank Schimmelfennig notes: "enlargement has not been a major empirical subject of liberal intergovernmentalist analysis."31 Most 28 Schmitter, Philippe C., "Neo-Neofunctionalism" in Wiener, Antje, and Thomas Diez (eds.), European Integration Theory, Oxford: Oxford University Press, 2004; p. 48. 29 For more information on rationalist institutionalism read Tsebelis, G. and Garrett, G., "The Institutional Foundations of Intergovernmentalism and Supranationalism in the European Union," International Organization, 55(2), 2001, p. 357-390; Hix, Simon, The Political System of the European Union, Basingstoke: Macrnillan, 1999; Kelemen, Daniel, "The Structure and Dynamics of EU Federalism," Comparative Political Studies, Vol. 36, No. 112, FebruaryJMarch 2003; Pollack, Mark, "The New Institutionalism and EU Governance: The Promise and Limits of Institutionalist Analysis," Governance, 9(4), 1996, p. 429-458, and The Engines of European Integration: Delegation, Agency and Agenda-Setting in the EU, New York: Oxford University Press, 2002; etc. 30 Schmitter, Philippe C., "Neo-Neofunctionalism" in Wiener and Diez (eds.), European Integration Theory;p. 70. 31 Schimmelfennig, Frank; "Liberal Intergovernmentalism" in Wiener and Diez (eds.), 2004; p. 86. attempts to assess the enlargement's impact on integration restrict themselves to enumerating the consequences of one or two enlargement rounds, and then predicting the effects of future rounds (Tsoukalis, ~ildebrandt,~~ etc.). Although recent evaluations benefit from the availability of more empirical data, some scholars still explore the subject mostly in a speculative fashion, often relying on metaphors rather than concrete evidence to support their hypotheses (e.g. Zielonka claims that the EU is evolving towards the framework of a "neo-medieval empire"33; Heather Grabbe explains how enlargement changes the "constellations of Europe" in different decision-making areas34; etc.). To produce rigorous arguments, authors frequently concentrate on the consequences of enlargement on one dimension of integration or on a limited category of consequences that adding countries to the EU has on the substance of integration (Schulz and ~iini~~~; etc.). These sector analyses ~olub~~; provide insight on some facets of the relationship between enlargement and integration; however, they remain unable to present the big picture or reveal something about the general phenomena occurring. Coping with Absences, Synthesizing Apprehensions.. . While enlargement literature insists on the implications of expansion for joining countries, very few scholars examine the consequences of enlargement on the 32 Tsoukalis, Loukas, The European Community and its Mediterranean Enlargement, London: George Allen & Unwin, 1981;Hildebrandt, What Is Special about Enlarging the European Union Towards the East? A Comparison With the Southern Enlargement, Bank of Finland -Institute for Economies in Transition, BOFIT, No. 13,2002. 33 Zielonka, Jan, "Introduction: Boundary making by the European Union" in Zielonka, Jan (ed.) Europe Unbound: Enlarging and Reshaping the Boundaries of the European Union, London and New York: Routledge; 2002. 34 Grabbe, Heather, The Constellations of Europe: How Enlargement Will Transform the EU, Centre for European Reform, London: CER. 2004. 35 Schulz, Heiner and Thomas Konig, "Institutional Reform and Decision-Making Efficiency in the European Union," in American Journal of Political Science, Vol. 44, No. 4, October 2000. 36 ~olub,Jonathan, "In the Shadow of the Vote? Decision Making in the European Community," International Organization, Vol. 53, No. 4, Autumn 1999. Union itself. My thesis attempts to fill in this gap. Its tentative conclusion that enlargement does not dilute integration contradicts conventional wisdom and current dominant explanations. In the remaining part of this introductory chapter, I summarize the main arguments advanced in common wisdom that oppose my hypothesis, question or refute them, and finally outline my argument and introduce the case studies that will serve to demonstrate it. Since my thesis examines the way in which the EU functions (policy-making, the pooling of sovereignty) in relationship with the successive waves of enlargement, some may inscribe it within the rationalist institutionalist approach; however, I will also reveal the ways in which the entrepreneurship of European institutions has influenced the negotiations and accessions of new states to the EU, and how these institutions have capitalized on enlargement as an opportunity to promote integration (a line of action that could be traced to the neo-functionalist school). To explain why the Union has pursued enlargement and integration as related directions of development, I will concentrate on the shared interests of member states. To evaluate the contributions of different states (old and new members) to the progress of integration, I will focus on intergovernmental conferences and treaties. These two final dimensions of my argument echo the intergovernmentalist tradition. In sum, since existing theoretical approaches have failed to formulate their perspectives on the subject of this thesis, I attempt to break away from their excessively rigid straightjackets. I derive and combine various relevant elements that have been included and analyzed in neo-functionalism, intergovernmentalism and rationalist institutionalism in order to examine enlargement and its consequences comprehensively, from a fresh perspective. In other words, my thesis adopts the lens of common sense instead of the artificial, cumbersome and, until now, ineffective theoretical filters that obscure more than facilitate understanding in the case of European enlargement. John Major must have been rather disconcerted when he realized that adding members to the EU in the 1990s failed to disrupt integration. His initial expectations aligned with conventional wisdom. Increasing heterogeneity in a multi-member entity that h-ies to integrate should reduce the pooling of sovereignty, generate stalemate in decision-making bodies, or even trigger the dissolution of supranational institutions. Conventional wisdom usually advances five arguments that I briefly present and evaluate below. One claim is that enlargement should dilute integration because new members do not usually commit to integration as strongly as old members, or because joining countries do not have the capacity to abide by already existing European standards. Referring to the Intergovernmental Convention that preceded the Single European Act of 1986, Dinan claims that "a wide rift had opened between the original member states, which (despite differences over policy and procedure) were developing a greater commitment to European integration, and the later arrivals, which had never subscribed to European integration in the first place."37 The new members' alleged lack of commitment causes difficulties and crises, blocking intergovernmental bargaining and hampering the European Commission's legislative attempts to drive integration forward. I refer to this first claim as the dark myth of the "EU Generation Gap." A second claim is that, even if newcomers are generally committed to integration, enlargement increases the diversity of preferences and the number of member state governments coordinating their policies, which generates gridlock. As 37 Dinan, Desrnond, "Reflections on the IGCs" in Laurent, Pierre-Hemi and Marc Maresceau (eds.), The State of the European Union, Vol. 4: Deepening and Widening; p. 26. Schmitter argues, "the sheer number of prospective members [...] threatens to overwhelm the European institution^."^^ Adding new members increases the number of countries able to veto proposals and impede European law-malung. This can suffocate policy areas requiring unanimity in the Council of Ministers. Thus, an enlarged EU increases the chances that legislative initiatives will be vetoed by some relatively disadvantaged member state. Enlargement could slow down the pace of legislative integration: prolonged stalemate could degenerate into severe decision- making crises, which member states could on1:y overcome by diluting integration. A third argument is that European enlargement increases competition in old member states due to the free movement of workers, goods, capital, etc. This causes public dissatisfaction in old member states, where interest groups pressure government officials and EU representatives to refrain from engaging in further integration. In this reasoning, the deleterious impact results not because joining countries fail to commit strongly enough to integration, but rather because non- competitive old member states are reluctant to pursue integration in an enlarged union.39 ~n illustration recently used in support of this claim is the rejection of the Treaty establishing a Constitution for Europe in France and the Netherlands (two of the original six EC members) in 2005, in two national referenda. A fourth argument derived from conventional wisdom is that enlargement will cause conflicts over redistributive transfers of funds, especially when joining members are less developed than the rest of the EU. This creates pressures between the least affluent Member States (e.g. Ireland, Spain, Portugal, and Greece) and new 38 Schmitter, Philippe, "Imagining the Future of the Euro-Polity with the Help of New Concepts," in Marks, G., Scharpf, F.W., Schmitter, P.C., Streeck, W., (eds.) Governance in the European Union, London: Sage Publications, 1998; p. 141. 39 Moravcsik, Andrew, "Europe's Integration at Century's End in Moravcsik, Andrew (ed.), Centralization or Fragmentation? Europe Facing the Challenges of Deepening, Diversity, and Democracy, New York: Council on Foreign Relations, 1998; p. 36-40. members (e.g. Eastern European countries). "If the size of the budget remains the same, [Southern member states -Spain, Portugal and Greece] understand that they will receive less from it. Some of them would even become net contributors.. . Whatever the outcome of this budgetary discussion, it is clear that the new enlargements will transform the current north-south division (...) into a north-south- east one.. . [Tlhis will increase the potential for conflicts in the EU.. . ,340 An inability to reach consensus over who gets what in an enlarged EU could lead to diluted integration. Finally, the fifth claim is that enlargement prevents the European identity from consolidating. Any notion of "us" vs. "them" needs time to crystallize. When it is unclear who is an insider and who is an outsider, or when outsiders become insiders all the time, any sense of collective identity is broken.41 In neo-functionalist terms, enlargement reduces the likelihood of a transfer of loyalties from the national to the European level. For Zielonka, "it is clear that the admission to the EU of several new states from the east and southeast will only co~nplicate the process of creating a European demos, usually seen as a precondition for creation and legitimization of a truly European state."42 This inability to create a European demos could decrease the possibility that EU member states develop conxnon interests and continue to harmonize policies in an increasing number of areas. Although plausible on their surface, the above arguments fail to take into account the characteristics and particularities of the EU as a geo-political entity: the voluntary nature of membership, the functioning and preferences of European 40 Kerremans, Bart, "The Political and Institutional Consequences of Widening: Capacity and Control in an Enlarged Council" in Laurent, Pierre-Henri and Marc Maresceau (eds.), The State of the European Union, Vol. 4: Deepening and Widening; p. 100. 41 Zielonka, Jan, Lectures on European Integration, Oxford University, Oxford, UK, Hilary Term, 2005. 42 Zielonka, Jan, "How New Enlarged Borders Will Reshape the European Union," 2001; p. 514. institutions, the paramount importance of pre-accession negotiations with candidate countries, the fact that enlargement breaks institutional inertia and represents an opportunity for Union reform, or the fact that the effects of enlargement often cannot be entirely disentangled and isolated for analytical purposes from the broader phenomena associated with globalization. Furthermore, most claims rest on the unsubstantiated assumption that newcomers will act as a bloc once they join the EU, since they are allegedly homogeneous in terms of policy preferences. Hildebrandt, for instance, asserts: "An alliance of new member states from the east might also arise due to similar interests they share, in particular because of their lower income levels and dominant agrarian sectors."43 In her detailed analysis of the last wave of enlargement towards Central and Eastern Europe, Heather Grabbe contradicts this premise and concludes that new members do not form an 'eastern bloc' that votes together, because the joining countries' views and interests are in fact far from identical. "The December 2003 European Council confirmed that co-operation among the newcomers is unlikely to strengthen. They failed to present a common front despite the new members' attempts to form a ~oalition."~~ Aside from this inaccurate premise underlying most of them, each of the five statements deriving from conventional wisdom suffers from other significant flaws and omissions. The first claim ignores the fact that the candidate countries themselves initiate enlargement by applying for membership. An initial commitment to integration clearly exists since joining the Union is voluntary. Also, during negotiations and accession, the countries' capacity to adopt EU legislation and standards increases, due to the financial and technical assistance newcomers receive 43 Hildebrandt, Antje, What Is Special about Enlarging the European Union Towards the East? A Comparison With the Southern Enlargement; p. 14-15. 44 Grabbe, Heather, The Constellations of Europe: How Enlargement Will Transform the EU, Centre for European Reform, London: CER. 2004; p. 55. from old members and Union institutions. Grabbe points out that, "generally, the new members tend to be more pro-reform than manly of the older member-states."45 Pre-enlargement empirical studies concerning the preferences of acceding Central and Eastern European countries have concluded that "the candidate countries are clearly more enthusiastic about centralized EU decisions than current member states."46 Ahrens and Meurers, for instance, analyze twenty-five key policy areas.47 Their results indicate that candidates prefer EU decision-making to national decision- making in twenty-one of the twenty-five examined areas; in comparison, older members favor decisions at the European level for only eleven sectors. The joining members' technical difficulties in adjusting to European requirements may actually bolster rather than obstruct integration, as they can trigger increases in EU authority: "A natural explanation for [the result of Ahrens and Meurers' study] is the candidates' desire to have certain issues administered by EU institutions, where national authorities do not have the capacity yet."48 The second argument does not take into account the particularities of EU decision-making. If gridlock occurs in the Council of Ministers or the European Parliament, this does not block the activity of the Commission or the European Court of Justice (both bodies are supranational and committed to promoting integration). As many institutionalist scholars note, gridlock in the legislative branch of government 45 Grabbe, The Constellations of Europe; p. 46. 46 Ahrens, Joachim and Martin Meurers, "Beyond the Big-Bang Enlargement of the EU: Preferences and the Need for Flexibility," Institute of Macroeconomic Analysis and Development, Institutions in Transition 2003; Internet resource: http://www.gov.si/umar/conference/2003/papers/~ens- Meurers.pdf; p. 20. 47 The 25 examined policy areas were: agriculture & fishing; currency; environment; regional aid; foreign policy; immigration; unemployment; justice; health and social welfare; education; police; defense; exploitation of human beings; information EU; organized crime; juvenile crime; urban crime; drugs; humanitarian aid; poverty/social exclusion; political asylum; accepting refugees; research; cultural policy; and the media. 48 Ahrens and Meurers. ibidem. often leads to increases in bureaucratic and judiciary di~cretion.~~ In the EU, stalemate in law-making could give the European Commiission and the Court of Justice more discretion to stimulate integration through their decisions and interpretations of existing EU laws. Enlargements typically entail institutional modifications and reforms. Some adjustments give representation to newcomers, while simultaneously ensuring a fair and proportional influence for old member states. Such changes can generate a more time-consuming law-making process. For instance, the Treaty of Nice established three criteria for adopting legislation in the Council: weighted votes, majority of countries and majority of the population.50 Although this formula represented the best compromise member states could reach, the triple majority requirement renders it more difficult for the Council to produce legisliation. It calls for a qualified majority slightly larger than before (73.91%),an absolute majority of countries and, at a country's request, a 62% majority of the EU population. Also, by empowering the European Parliament, Nice increased the number of institutions that actively participate in decision-making. Under the reformed codecision procedure, the EP and the Council have essentially equal legislative power. Although the move from unanimity to qualified-majority voting (QMV) in a large number of issues has somewhat accelerated the EU's legislative process, "the increase in power of the EP has added another layer of complexity and another veto player to the legislative process."51 Some scholars argue that the shift from unanimity to QMV in the Council constitutes an inefficient strategy for avoiding stalemate, 49 Kelemen, R. Daniel, "The Structure and Dynamics of EU Federalism," Comparative Political Studies, Vol. 36, No. 112, FebruaryIMarch 2003 Tsebelis, George and Xenophon Yataganas, "Veto Players and Decision-Making in the EU after Nice: Policy Stability and Bureaucratic/Judicial Discretion," Journal of Common Market Studies, Vol. 40, No. 2, 2002; p. 283. Kelemen, Daniel, "The Structure and Dynamics of EU Federalism"; p. 197. since, in practice, whenever country representatives discuss a legislative proposal, they try to achieve consensus before voting, regardless of the voting procedure required by the Treaty. Overall, conclude Tsebelis and Yataganas, "Nice produced a legislative system with high viscosity."52 The empirical studies of Golub (1999; 2002) show that, paradoxically, successive enlargements did not increase decision-making time, but instead reduced it by stimulating the replacement of unanimity with qualified-majority voting. QMV, as Golub and Schulz and Konig (2000) prove, had positive effects on European law- making. These scholars conclude that it was not enlargement, but rather the EP empowerment achieved through the institutional reforms of 1987 and 1992, that encumbered European policy-making. These nnodifications were necessary given that the EU does not focus only on rapid law-making, but also on democratic values and legitimacy. Schulz and Konig conclude that these are "the costs of increasing the democratic accountability of EU institutions in terns of decision-malung efficiency."53 Increasing the number of countries capable of vetoing legislative proposals can cause deadlock in Council, due to the triple-majority requirements. Comparing the EU with a federal polity, Kelemen notices that the "fragmentation of power at the federal level influences the means by which authority is transferred to the federal level. As the number of veto players or the size of the majority necessary to pass legislation increases, legislation becomes more difficult to enact."54 Member states try to reach consensus before voting, but an enlarged Union will reach agreement with more difficulty. To avoid costly, prolonged and often fruitless negotiations, 52 Tsebelis and Yataganas, 2002; p, 304. 53 Schulz, Heiner and Thomas Kijnig, "Institutional Reform and Decision-Making Efficiency in the European Union"; p. 664. 54 Kelemen; p. 189. government representatives on the Council may stop trying to achieve consensus and simply resort to voting instead, as a less time-consuming decision-making strategy. Hence, QMV could gain a significance and substance it has never had before. Even if Union heterogeneity or Parliamentary powers increase to a point where legislative decision-mahg becomes more time consuming, this slowdown will not necessarily have a negative impact on integration. A slackening in legislative decision-making tempo could increase executive and judicial discretion (the Commission and the ECJ). Yet, these are precisely the two "most far-reaching commitment institutions of any recent regional integration scheme," indeed, the institutional catalysts of European integration, according to ~attli.'~ The "stickiness" of legislation and treaty provisions affords the European executive and judiciary "considerable discretion and [allows] them to work to expand the scope of EU a~thorit~."'~ The third argument does not stand, because it identifies the wrong causes for noticeable realities. Competition has been increasing in old member states not as a result of enlargement per se, but primarily as a consequence of globalization. The phenomenon is not unique to the EU; in fact, similar realities and public reactions can be noticed in the United States. Popular dissatisfaction about unemployment in France can be attributed more to the large and constantly increasing number of immigrants from Northern Africa (Morocco, Algeria, Tunisia) than to the relatively modest movements of Southern or Eastern ~uro~eans.'~ The connection between increased competition and EU enlargement is overplayed at the level of popular perceptions 55 Mattli; p. 100. 56 Kelemen; p. 197. 57 Observateur OCDE Nr. 243,"Migration dans 1'Europe Clargie," Direction de l'emploi, du travail et des affaires sociales; May 2004;p. 28 -Internet source: http://www.observateurocde.org/news/fullstory.php/aid~l010/~gration~dans~l%92Europe~%E9largie .html because national governments use the Union, in general, and enlargement, in particular, as convenient scapegoats for public dissatisfaction, instead of assuming responsibility and seeking solutions. The refrain that European politicians embrace when they address their national audiences seems to be: whatever IT is, blame IT on enlargement! Studies examining the effects of previous enlargements have shown that widespread fears about the impact of EU expansion on national economies were greatly exaggerated and largely unfounded. For instance, after Greece, Spain and Portugal joined the Union, no waves of migrant workers disrupted the economies of old member states, despite the fact that the Mediterranean newcomers were significantly less affluent than older members. The Economist points out the following in relation to Central and Eastern European enlargement and the transition periods imposed to joining ex-communist cou~itries: "Spain and Portugal have set an encouraging precedent. They, too, started off with a seven-year transition period on the free movement of labour, but fears of a flood of migrants pouring into France and Italy were soon found to be misplaced, as were fears of a backlash against migrant labour."58 Also, attributing the failure of the Constitution for Europe solely (or even primarily) to popular resistance to integration in an enlarged EU is overly simplistic. A complex set of more or less interrelated factors brought about the French "Non" and the Dutch "Nee7' in the respective referenda. While the menace of excessive enlargement has been invoked to persuade voters to oppose the Constitution, this element should be understood in its intricate interaction with other factors. 58 Survey: European Union Enlargement -"Reasons of State," The Economist, May 17,2001; Internet source: http://www.economist.com/surveys/displaystory.cfm?story~id=622780 Electorates often express their frustration with national politics and the parties in power by rejecting EU proposals in referenda, without paying attention to the actual substantive content of the documents, simply because European initiatives have been previously negotiated and approved by distrusted political elites. In an analysis of the popular protest movement that accompanied the rejection of the Constitution for Europe in the 2005 referenda in France and the Netherlands, BBC's world affairs correspondent, Paul Reynolds, remarked that the vote "appeared to have little to do with the constitution itself," and that among the primary causes for rejection were the widespread "distrust of the political elite" and the fact that "the constitution is an impenetrable document besides which the Da Vinci Code is simplicity itself."59 In fact, had the document been more comprehensible, European citizens would have realized that the modifications it proposed were far from ground-breaking. The common mistake underlying both rejections was the widespread idea that this was a very important treaty. If anything, the Constitution for Europe was a symbolic document; in practice, European treaties already function as a de facto constitution of the European Union. Most new principles included in the document were simple codifications of already functioning unwritten (customary) European lines of policy- and law-making. More broadly, in the rigorous terms of international law, the title of the document itself indicates a symbolic rather than actual significance: this was clearly not a Constitution for Europe (although this was the short name by which the document has been referred to); instead, it was just another treaty, the Treaty establishing a Constitution for ~uro~e.~' 59 Reynolds, Paul, "People's Protest EU-style," BBC News, June 1,2005; Internet source: http://news.bbc.co.uMl/hi/world/europe/4600099.stm 60 Conclusions of the Round Table -Discussion on the French and Dutch Referenda, Oxford University, Oxford, UK; May 2005; participants Dr. Stephen Weatherill, Dr. Daniel Kelemen, Dr. Jan Zielonka. Attempting to identify the "fuelling force" behind the rejection, Stephen Mulvey noted: "France and the Netherlands in 2005 clearly have some things in common, including a poorly performing economy and a deeply unpopular government -in the Dutch case, the most unpopular government on re~ord."~' In the Netherlands, Michiel van Hulten, the leader of the Better Europe foundation and an ex-member of the European Parliament, emphasized that citizens rejected the Constitution not because they opposed the idea of a united Europe per se, but to express their dissatisfaction with the fact that the EU is developing as a project of the elites: "the message from France and the Netherlands is that they are unhappy with the way Europe is being built (...).People are unhappy with the fact that Europe is a project of the elite, not the ordinary people."62 The fourth claim is also questionable. While arguments over redistributive transfers do occur, old members and candidate countries settle these conflicts during negotiations for accession. Usually the EU will allow for long transition periods and temporarily limit benefits for joining members (e.g. direct payments to farmers in Central and Eastern European joining members were phased in over a ten-year period starting at 25% of EU level in 2004 and reaching 100% in 2013). Finally, the fifth claim deriving from conventional wisdom fails to take into account the EU's possible directions for future development as a geo-political entity. While it is true that a coherent and strong European demos does not exist, the conclusion that the EU suffers from a severe identity problem stems from the fact that political analysts fail to acknowledge the degree to which the European integration project differs from other regional integration schemes and from emerging federal arrangements (confederations, federations). The mistaken stances result from the '' Mulvey, Stephen, "Varied Reasons behind Dutch "No"," BBC News; Amsterdam, June 1,2005; Internet source: http://news.bbc.co.uk/1/hi/world~europe/460173l.stm 62 Mulvey, Stephen; ibidem. incapacity to "mentally supersede the limits imposed by the nation-state upon our habitual ways of thinlung about Zielonka emphasizes that enlargement reduces the EU's chances to become a Westphalian type of state64; however, such statements should not delude anyone into thinking that the European project has ever evolved towards that framework in the first place. While a European identity may exist in a cultural sense, it does not exist politically, especially not in the sense of a connection between a unified European identity and the EU. Loyalty transfers, the shifts in public allegiance from domestic to European institutions that neofunctionalists 1ik.e Ernst Haas predicted, did not occur. Citizens remain essentially ignorant about EU governance and its intricate mechanisms. Although constituencies in each EU country directly elect the members of the European Parliament, voter turnout remains low, and candidates predicate their election campaigns on domestic rather than European issues. While this may change in the future due to the entrepreneurial efforts of European institutions, populations in old member states seem less thrilled about ideintifying themselves as European than the citizens of joining countries. The lack of a European demos does not prevent the EU from representing a successful integration scheme. Abandoning the Westphalian state paradigm and advocating for an open-minded analysis that encompasses 'post-sovereign, polycentric, incongruent, neo-medieval' arrangements, Schmitter claims that the most probable trajectory for the EU is one leading to an entirely new geo-political structure, a condominio. Schmitter defines a condominio~as the exact opposite of a centralized Eurocracy, characterized by clearly defined membership and territorial boundaries, and accumulating organizationally distinct but politically coordinated functions 63 Schrnitter; 1998;p. 131 64 Zielonka, 2001; p. 5 15. around a single nucleus of authority. Condominio is "the most unprecedented, even unimaginable outcome" for the Euro-polity, an entity based on "variation in both territorial and functional con~tituencies,"~~ a set of multiple, superimposed and partially overlapping Europes with "dispersed (.. .) domains" and "incongruent memberships."" Kalypso Nicolaidis argues that the EU has "established itself as a new kind of political community: one that is defined not by a uniform identity -a demos -but by the persistent plurality of its peoples"67 [demoi-the Greek plural form]. Consequently, one should not perceive enlargement as a process that inherently dilutes integration. Certainly, adjustments are needed to accommodate divergent national interests and reach agreements on controversial issues, but this has been a characteristic of European integration since its beginnings. Coining a new term to describe the Union's uniqueness, Nicolaidis writes: The EU is neither a union of democracies nor a union as democracy; it is a union of states and of peoples -a "demoicracy"-in the making. It appeals to a political philosophy of its own -transnational pluralism -rather than to some extended notion of the nation-state.@ An important qualification is necessary. While the absence of a European demos does not directly hamper the functioning of the Union, extremist politicians resort to anti-EU demagoguery and stir up xenophobic sentiments in connection to the transfer of power from the national to the European level and the free movement of European citizens within the Schengen zone, respectively. In domestic politics, nationalist rhetoric frequently uses enlargement as a scarecrow, a second-best only to globalization. In that limited sense related to extremist political discourses and the 65 Schrnitter; 1998; p. 136. 66 Schmitter; ibidem. 67 Nicolaidis, Kalypso, "We, the Peoples of Europe.. .," Foreign Affairs, 83, Vol. 6, November/December 2004; p. 101. Nicolai&s; ibidem. perceptions they try to instill and fuel among certain segments of the national electorates, adding new members to the EU may be used by radical politicians as a tool to increase apprehension and other negative reactions to the idea of an ever-closer and ever-larger Europe. As the Economist pointed out, Jorg Haider, despite eventually declaring himself in favor of EU enlargement, stirred up xenophobia and anti- European feelings in his electoral campaigns iin Austria. In the context of the simultaneous phenomena of globalization and European integration, populist agitation at the domestic level might constitute a potential obstacle to the future progress of economic and political interdependence in Europe. The Economist quoted Angelika Volle of the German Council on Foreign Relations in Berlin, who worried that enlargement might produce a "Haiderisation of European politics,"69 an excessive revival of the European nationalisms. Contrary to Volle's fears, the most recent wave of enlargement towards Central and Eastern Europe has not triggered any obvious upsurge in radical nationalism or anti-EU feelings. However, the full impact of EU expansion on popular perceptions will only become evident over the next years, after the transition periods that temporarily limit the citizens7 freedom of movement between new and old members states come to an end. At any rate, diue to the current absence of empirical data and the ensuing difficulties in differentiating between the consequences of EU enlargement and globalization in the post-Cold War era, a thorough study examining the way in which enlargement influences popu~lar perceptions of European integration, on the one hand, and political discourses (in particular, populist demagoguery and nationalist rhetoric), on the other, falls beyond the scope of this thesis. 69 Survey: European Union Enlargement -"Reasons of State," The Economist, May 17,2001;Internet source: http://www.economist.cods~~veys/&splaystory.cfm?story~id=622780 Structure To demonstrate that enlargement does not dilute European integration, this thesis relies on four tests: 1. a historical analysis of the relationship between enlargement and integration from the beginnings of the Community until the present stage of political and economic Union (this test establishes a general timeline for understanding the parallel advanceiment of enlargement and integration -the latter measured as European formal authority); 2. a comparative analysis of old and ]new member contributions to European integration (this test debunks the "European Generation Gap" myth); 3. an analysis of the accession process (this test examines how enlargement shapes acceding members, on the one hand, and the Union itself, on the other); and 4. an attempt to examine and anticipate the impact of enlargement on integration from a broader comparative perspective, predicated on defining the EU as a geo-political entity (this test tries to identify equivalents of the integration-enlargement relationship in polities that resemble the EU, in order to draw lessons about the pos,sible consequences of increasing membership). The first substantive chapter analyzes European treaties and their contribution to integration. There have been five major treaties in EU history apart from the TEC: the Merger Treaty (1968), the Single European Act (1986), the Treaty on European Union (Maastricht, 1992), the Treaty of Amsterdam (1997) and the Treaty of Nice (2001). These major reforms of European legislation provided opportunities for member states to consolidate integration, accelerate it or, alternatively, to slow its pace down. Taking the treaties as historical landmarks, I examine the effects of enlargement on European formal authority and structure my discussion around three analytical categories that reflect the evolution of integration: expandinglreducing European powers; creating new institutions/dismantling existent institutions; and reforming decision-making processes. Did addling new members to the Union lead to a reduction of EU authority? Did Treaties that succeeded enlargement transfer power from European institutions back to national governments? Did member states dismantle supranational decision-making bodies? If so, there would be evidence for a correlation between enlargement and disintegration. However, if Treaties, regardless of whether the Union had previously enlarged or not, systematically increased the pooling of sovereignty and set up new supranational institutions; if supranational voting mechanisms (QMY)replaced intergovernmental schemes (unanimity) in European decision-making; if the European project continued without significant disruptions; then there is little historical evidence of a correlation between enlargement and EU disintegration. Table 2. The Evolution of Integration: European Treaties and Amendments I. The Treaty Establishing the European Economic Community (Rome Treaty) -1957 11. The Mereer Treatv -1968 111. Single European Act (SEA) -1986 IV. Treaty on European Union (Maastricht V. The Treaty of Amsterdam (ToA) -1997 I VI. The Treaty of Nice -2001 I The second substantive chapter challenges the popular myth concerning the "EU Generation Gap." According to this legend, old members are always more committed to integration than new members. To debunk this central pillar of integration folklore, I examine comparatively the record of old and new members in terms of favorable attitudes towards European integration. My hunch is that the old members' record is far from spotless, while newcomers often make significant contributions to advancing the pooling of sovereignty. If new members contribute to increases in EU powers by adding their preferences onto the European agenda, enlargement has actively stimulated progress in integration. Furthermore, if new members support the pooling of sovereignty in areas in which old members oppose it, again enlargement is more beneficial than harmful to EU development. The format, process and outcome of accession negotiations constitute the object of the third chapter. Schmitter points out that neo-functionalists could derive the following prediction from the actual experiences of expansion: "enlargement attenuates and delays the probability of spill-over -unless such a spill-over in task or authority is built into the negotiations surrounding the accession process as a means of compensating existing members or accommodating new ones."70 My claim that adding countries to the EU does not dilute integration would be supported if an analysis of pre-accession negotiations and post-accession developments demonstrates that bargaining strategies applied by old member states and European institutions protect integration. What provisions facilitating post-enlargement integration could reveal in the negotiations a concern to accommodate new members? Such measures would attempt to help joining members overcome the gap between them and the old members, or to force new members to adopt European standards. What provisions could compensate existing members? Intergovernmentalism offers an answer. Mattli argues that non- members become interested in acquiring EU membership due to the negative effects of European integration on the outsiders7 economies and the persistent 'performance 'O Schmitter, 2004; p. 70. gap' between members and non-members. "Outsider governments are willing to pay the price of integration, i.e. reduced autonomy, to the extent that membership will improve their economic performance and thus their chance of retaining power."71 Moravcsik relates the interest for accession to economic concerns also, as he analyzes the British accession in his book The Choice for ~uro~e.~~ Applying bargaining theory to Eastern enlargement, he argues elsewhere that "applicant countries have consistently found themselves in a weak negotiating position vis-8-vis their EU partners, and accordingly have conceded much in exchange for membership."73 While enlargement benefits both old and new members, joining countries generally gain more as they establish a relationship of asymmetrical interdependence with the more developed cou~ntries in the Union. For these superior benefits derived from EU capital and the single market, new members have to pay a "price": accepting a set of tough conditions to avoid exclusion from the club. These conditions "include not only the adoption of the acquis communautaire [European legislation] but also initially lower subsidies from the EU budget [than the subsidies received by old members] and transition periods on some rights such as the free movement of labour."74 Therefore, if during negotiations the EU makes take-it-or-leave-it offers to candidate countries that differ economically and politically from member states, these strict accession requirements minimize the negative impact that enlargement may have on integration. In fact, the less developed (and less affluent) the country, the stricter and less generous the offer it receives upon accession should be. Strict "Mattli's conclusions summarized by Schimmelfennig, 2004; p. 86. 72 Moravcsik, Andrew, The Choice for Europe: Social Purpose and State Power from Messina to Maastricht, Ithaca: Cornell University Press, 1998. 73 Moravcsik, Andrew, and Milada Vachudova, "Bargaining Among Unequals: Enlargement and the Future of European Integration" in EUSA Review; 2002; 15 (4), 1; p. 3-5. 74 Schimmelfennig; 2004; p. 87. requirements, as well as financial and technical assistance, would reduce the absolute differences between new and old members; whereas the fewer advantages offered to joining countsies upon accession would decrease the difference in benefits between old and new members. Hence, old members would perceive a lesser relative disadvantage and focus instead on the absolute benefits enlargement brings. This is precisely the compensation I attempt to demonstrate. Consequently, my third chapter analyzes the extent to which negotiations for the last enlargement (Eastern European countsies) reduced differences between new and old members before the former joined the Union. It also compares these negotiations with those preceding other expansions. If via negotiations, the EU imposed stricter requirements and offered Eastern European countries less generous incentives to join, then pre-enlargement bargaining has counterbalanced and eliminated some negative consequences that excessive heterogeneity could have had on integration. The more the relationship between joining and old members is one of asymmetrical interdependence, the stricter I expect the requirements to be. Finally, my fourth chapter approaches the relationship between enlargement and integration from a wider comparative and interdisciplinary perspective that combines political science with history and legal studies. This chapter attempts to define the EU as a geo-political entity by comlsaring and contrasting it with other political forms, present and past: international organizations, federations, confederations, empires. If the EU can be classified under an existing category, we can derive lessons about the effects of enlargeiment on integration from equivalent processes of territorial expansion. Since European integration has often been associated with the centralization process in a federation, this chapter includes an analysis of enlargement and integration from the perspective of comparative federalism. Finally, the analysis detaches itself from the Westphalian state paradigm to examine the unique features of the EU from a more flexible pre-Westphalian and post-modern perspective. Had the initial community of six not decided to enlarge, the European project would have been inherently limited. The EU could not have gained its current influence in the international political arena. Had old member states established a "fortress Europe," the Community would have remained a regional integration project dominated by France and Gemany. Europe could not have progressed from Community to Union: it would have been ludicrous for such a small group of states to claim it represented an entire continent. The "ever-closer union" has opted for enlargement and pursued it as complementary to the pooling of sovereignty. My thesis explores the consequences and implications of this choice for an enlarging and evolving united Europe. CHAPTER I The Enlargement Menace? A History of European Integration Had the European Union just emerged as a structure or had its membership remained constant, the lack of experience with. territorial expansion would impede attempts to analyze the impact of enlargement on the pooling of sovereignty. Thankfully for this thesis, half a century of European integration history, in which the Union's membership increased through several waves of accession from the initial six up to the present twenty-five states, provides insights on some possible effects of expansion. Yet one of the main obstacles to drawing lessons from the past results from the difficulty to identify a reliable measure for integration. This Achilles' heel of integration theory is commonly known as the dependent variable pr~blem'.~' Since political science has not developed until now a set of indicators for the European pooling of sovereignty, I follow the example of numerous scholars who use the formal authority of European institutions as the most reliable measure for integrati~n.~~ In the ECIEU, institutions have represented a key to successful integration. Jean Monnet, one of the Community's founding fathers, believed that "only institutions grow wiser; [because] they accumulate collective experience."77 In March 1957, the prime ministers and foreign ministers of France, Germany, Italy, Belgium, Luxembourg and the Netherlands gathered in Rome to sign the Treaty Establishing the European Economic Community (TEC). This document represented the fifth attempt to establish a community of Eiuropean countries in the 1950s, and became the foundation on which the European integration process later developed. The subsequent treaties of the "ever-closer Union" emerged as amendments to the 75 Rosamond, Theories of European Integration; p. 11. 76 Desmond Dinan; Ben Rosamond; Simon Hix; Andrew Moravcsik; Kalypso Nicolaidis etc. 77 Monnet, Jean, Memoirs (translation R. Mayne), New York: Doubleday and Company, 1978;p. 393. Rome Treaty. They expanded European powers, added new institutions to the original framework, reformed decision-making processes or even reconfigured the entire European project, as was the case with the Treaty of Maastricht. Indeed, treaties constitute the landmarks of integration history: they mark moments when member states evaluated the EC's past performance and decided on the future directions of European cooperation. EU treaty reforms derive from national and European assessments of progress and modify the Community's structure, authority and prospects for development based on the member states' preferences. As such, amendments constitute potential opportunities for integration as well as disintegration, for centralization as well as fragmentation. If enlargement generally hampers integration, an analysis of EU treaties should reveal disruptions in the states' willingness to pool sovereignty and coordinate their policies after each expansion. If, however, adding new members to the Union does not have such direct and clear effects, EU history indirectly supports the assertion that enlargement does not dilute integration. This chapter presents a synopsis of European integration history to reveal whether or not the successive enlargements disrupted the development of the Union's formal powers. To describe how EU formal authority has evolved from the establishment of the European Community until the present, I use the six European treaties as main landmarks: the Treaty Establishing the European Economic Community (TEC; Rome, 1957); the 1968 Merger Treaty; the Single European Act (SEA; Brussels, 1986); the Treaty on Europeain Union (TEU; Maastricht, 1992); the Treaty of Amsterdam (1997); and the Treaty of Nice (2001). I structure my discussion of European formal authority in integration history around three analytical categories: expandinglireducing European powers; creating new institutions/dismantling existent institutions; and reforming decision-makmg processes. Each represents a central dimension of integration that has evolved from the Treaty of Rome up to the present. In this chapter, I trace the chronological evolution of these categories talung the six European treaties as primary landmarks and adding other relevant documents to the analysis in cases when modifications occurred during the periods between major treaties. Did the members of an enlarged Union1 usually opt for a slow-down in the pace of integration? Did Treaties following enlargements dilute integration in some policy areas? Did member states decide to weaken or completely dismantle European institutions as a result of enlargement? Did coiuntries substitute intergovernmental voting mechanisms (e.g. unanimity voting) for supranational decision-making schemes (e.g. qualified majority voting)? Did they shift power from supranational to intergovernmental European institutions? If these phenomena occurred systematically in the post-enlargement periods, then historical evidence indicates a strong correlation between adding new members to the Union and the dilution of integration. If, regardless of enlargements, treaties increased the EU's formal authority, then there is little proof supporting the hypothesis of a causal relationship; i.e. that increases in Union membership generate severe disintegration. Apart from showing that enlargement has not led to disintegration, I describe the sets of international circumstances (e.g. economic, political, social elements) unrelated to the EC/EU7s increasing membership that contributed decisively to stagnation. The overview of the three analytical categories will provide the big picture of EU evolution. I complement my analysis of the first category (expandinglreducing European powers) by a second type of overview that shows how member states have delegated over time increasingly more powers to European institutions in a representative set of policy-making areas. I use the data compiled by Philippe Schmitter in his seminal "Imagining the Future of the Euro-Polity with the Help of New Schmitter examines the levels of authority retained by states andfor delegated to European institutions in a representative set of policy areas grouped under four titles: economic issue areas, socio-cultural issue areas, political and constitutional issues and international relations/external security issues. He gives scores from 1 to 5 to each policy sector. A score of "1" indicates an issue area in which all policy decisions remain at the nationial level. A score of "5" marks an area where all policy decisions are delegated to the EC level. Intermediary scores show variations on this continuum, with a "3" indicating policy decisions at both national and Community level. Schmitter assesses these levels of authority in six different years in EU history: 1950, 1957, 1968, 1970, 11992, and 2001. I develop Schmitter's table by adding more recent data for 2004, as well as for other policy areas:9 and use the revised table to assess the effects of European enlargement. Any severe disruption in the progress of integration would appear on the chart as a decrease in the score given to one or more policy areas. If scores are more likely to drop after enlargements than in periods of constant membership, then increasing membership may play a role in reversing the pooling of sovereignty. Conversely, if scores do not decrease after necv members join the EU, then the tentative conclusion of this thesis is supported. Schmitter, Philippe, "Imagining the Future of the Euro-Polity with the Help of New Concepts," in Marks, Gary, Fritz W. Scharpf, Philippe C. Schmitter, and Wolfgang Streeck (eds.), Governance in the European Union, London: Sage Publications, 1998; p. 1125-6. 79 The added information is compiled from HIX,Simon, The Political System of the European Union, 2nd edition, Basingstoke, Hampshire: Palgrave Macmillan, 2005; p. 20-21; and Donohue, J. D. and Pollack, M. A,,"Centralization and Its Discontents: The Rhythms of Federalism in the United States and the European Union" in Nicolai'dis, Kalypso and R. House (eds.), The Federal Vision: Legitimacy and Levels of Governance in the United States and the European Union, Oxford :Oxford University Press, 2001. Expanding/Reducinn European Powers The history of integrating and expandiiig European powers began long before the Rome Treaty. In the interwar period, as the traumatic recollection of the Great War haunted the world, the idea of building a united Europe emerged as a possible strategy to secure peace and stability on the continent. In 1923,the Pan-Europa movement led by count Richard Coudenhove-Kalergi published an influential book (Pan-Europa)calling for a federal union of European states centered on France and Germany. Although ephemeral, the Pan-Euroya movement proposed a theoretical solution that grew more plausible and appealing as a result of World War 11: a united Europe could snip in the bud the virulent nationalism of European countries, thereby annulling potential sources of future conflict on the Old Continent. In the early Cold War era, many feared1 German resurgence, internal Communist subversion or external Soviet aggression. "Coping with the consequences of the war and an emerging threat from the East, Western European countries desperately sought economic recovery, political stability, and military security."80 Looking for a common strategy, the United States and Western Europe rediscovered and revived -the former enthusiastically, the latter reluctantly -the concept of European unity and interdependence. The US supported the idea of a united Europe to "enhance regional security and accelerate ecoriomic recovery, although Europeans were ambivalent about sharing national sovereignty."81 To foster cooperation, America granted aid through the Marshall Plan only when Western European countries submitted joint assistance requests. "US policy and 80 Dinan, Desmond, Europe Recast: A History of European Union, Boulder, Colorado: Lynne Rienner Publishers, 2004; p. 13. Dinan, Desmond, Europe Recast; idem. the Marshall Plan pushed Europe towards an integrated and multilateral future.. ."82 Responding to US insistence that Europe should develop its own integration plan, France came up with an original initiative, the Schuman Declaration of May 1950, which proposed the establishment of a European coal and steel organization, with a clear supranational rather than intergovernmental profile. The approach combined economic, political and social objectives. The European Coal and Steel Community (ECSC) would ensure "the modernization of production and the improvement of its quality; the supply of coal and steel on equal terms to the French and German markets [.. . and] to those of the [other] member countries; and the equalization as well as the improvement in the living standards and working conditions in those industries." Schuman connected the initiative to ambitious plans for future European integration, declaring that the Community would "lay the first concrete foundation for a European Federation which is so indispensable for the preservation of peace."s3 Negotiations began in 1950. The ratification started in 195 1, and the Community started functioning in August 1952. Its primary goal was creating a single market in coal and steel by removing tariff and non-tariff barriers, such as price fixing, turnover and sales taxes, subsidies, etc. European authorities did not intend to establish an unregulated market: they tried to improve productivity, rationalize distribution, safeguard employment, equalize working conditions and minimize economic dislocation. 84 In parallel with the negotiations for a coal and steel organization, the Six drafted an accord to establish a European Defense Community and a European 82 Killick, John, The United States and European Reconstruction, 1945-1960, Edinburgh: Keele University Press, 1997; p. 185. 83 Schuman, Robert, "Declaration of 9 May 1950," in The Origins and Development of European Integratiorz: A Reader and Commentary, Peter M.R. Stirk and David Weigall (eds.), London: Pinter, 1999;p. 76. Text of the Schuman Declaration: Stirk and Weigall (eds.), The Origins and Development of European Integration; p. 75-6. 84 Dinan, Desmond, Europe Recast; p. 52. Political Community. Those initiatives, however, were defeated by the French National Assembly's failure to ratify the Defense Community treaty in 1954. Instead of using the EDC as a vehicle for rehabilitation, Germany acquired NATO membership and received the right to remilitarize under the umbrella of the intergovernmental Western European Union in 1955. Later in the decade, the ECSC member states wanted to maximize their economic benefits. Moreover, pressure from the Soviet Union was increasing. The Six decided to pursue integration by creating two ]new European communities: a European Economic Community that would establish a customs union (the forerunner of the common market), and a European Atomic Energy Community (Euratom). Representatives from all member states signecl the two treaties in Rome in 1957, and the communities started functioning a year later. The TEC revolutionized European politics: it included provisions for a customs union (to be established by 1968), a common commercial policy, a common agricultural policy, a common transport policy, competition policy, macroeconomic coordination, and limited monetary cooperatioln. Both France and Germany supported the idea of common market: France insisted on integrating agricultural markets and Germany advocated for a common industrial market. The treaty also marked the beginnings of European integration in terms of social policy: a provision called for the establishment of a European Social Fund to contribute to retraining and other assistance to workers.85 The TEC included tentative provisions on the free movement of persons, services and capital among member states. In the 1960s, the European Community started to forcefully assert its presence in the international political arena. In the Kennedy Round of the General Agreement 85 Dinan, Europe Recast; p. 77. on Tariffs and Trade (GATT, 1967), the Community was already acting as a bloc that advanced a common EC negotiating position defending the common agricultural policy and industrial tariff cuts. The EC signed association agreements with Greece and Turkey (calling for a customs union and, in the case of the former, eventual membership), as well as with seventeen African countries and Madagascar (establishing a free trade area and granting aid through a development fund). The Community abolished internal tariffs on industrial goods by 1968 and established a common external tariff. To fight economic instability, the Six launched in 1971 a plan for economic and monetary union (Em)with a target date of 1980. The EMU aimed at setting fixed exchange rates, a common monetary policy, and a single monetary authority. Politically, the Community initiated European Political Cooperation in 1970 to improve the flow of information among member states on foreign policy matters and help them to formulate joint positions.86 After the Helsinki Accords, Political Cooperation allowed the Community to acquire a prominent political profile at the Conference on Security and Cooperation in Europe, where EC member states coordinated their positions. At the time of the first enlargement, the EC faced unfavorable international circumstances. The international monetary crises of the early 1970s as well as the oil crisis of 1973 destabilized the fledgling economic and monetary union. By that point, there had been intra-Community dissensions about European institutions and their functions; the necessity of economic convergence; and the desirability of a common currency. Germany and the Netherlands insisted that economic policy convergence had to precede monetary union; France and Belgium, the countries with chronic 86 Dinan, Europe Recast; p. 142. balance-of-payments deficits, claimed that monetary union would trigger economic convergence. International troubles accentuated internal conflicts. "Recession and spiraling inflation hastened economic divergence among member states.7787 Nevertheless, in 1973, member states reiterated their commitment to EMU and its established timetable. As they failed to keep up with the schedule, EC leaders had to admit in 1974 that "internal and international difficulties have prevented the accomplishment of expected progress on the road to EMU."" Following the oil crisis, energy policy also languished, as member states failed to find a path to common action. The Commission submitted to the Council the First Guidelines for a Common Energy Policy in 1968, and in the early 1970s, after British insistence, the 1972 Paris cornmuniquC called for "the Community institutions to formulate as soon as possible an energy policy guaranteeing certain and lasting supplies under satisfactory economic condition^."^^ Despite unfavorable circumstances, the Community made substantial progress in many policy areas: customs, industry, social, environmental and regional policy. European customs legislation developed in 1968-1969 after the completion of the customs union. The Council adopted an action program for industrial policy and a program on the harmonization of member states' laws to promote and maintain the common market. A social action program, adopted in 1974, promoted employment, the improvement of living and working conditions, worker participation in industrial decision-making and equal treatment of men and women in the workplace. The EC developed its first Environmental Action Program in 1973, and a second one followed in 1977, as the environmental movement gathered momentum throughout Western 87 Dinan, Europe Recast; p. 145. European Commission, Eighth Report on the General Activities of the European Communities, Luxembourg: European Communities, 1975;p. 297. s9 European Commission, Sixth Report on the General Activities of the European Communities, Luxembourg: European Communities, 1973;p. 6-9. Europe. Enlargement brought regional policy up to the fore, as Italy and the Commission allied with Britain and Ireland to press for the establishment of a European Regional Development Fund that became operational in 1975. Common regional policy helped to reduce wealth disparities within and among member states that EMU would otherwise aggravate. At the Paris summit of 1972, member states agreed to give "a high priority.. . to the aim of correcting, in the Community, the structural and regional imbalances which might affect the realization of economic and monetary union."90 Through the regional development fund, EC members learned to collaborate under the Commission's aegis to develop regional policy at the European level. The early 1980s reversed the economic recovery in Europe. The fall of the shah of Iran (1978) generated a second oil crisis. Economic downturn in the US compounded hardships. East-West tensions augmented. Yet, the Community managed to "lay the foundation for the acceleration of integration that followed later in the decade (...). National leaders looked increasingly to the EC for solutions to their problems [and] the Commission pursued an aggressive strategy to restructure European industry and complete the internal market."" In these times of "Euro- pessimism," Greece's accession to the EC provided a morale boost. As EMU stumbled, the European Monetary System went into operation in 1979. It aimed at reducing exchange rate fluct~uations among currencies to fight inflation, increase investment and improve economic performance. It did so by introducing an artificial European currency unit (ECU) made up of a basket of participating currencies, weighted according to their values. The exchange rate mechanism used a parity grid and a divergence indicator based on the ECU. 90 European Commission, Sixth Report on the General Activities of the European Communities, Luxembourg: European Communities, 1973; p. 6. 9 1 Dinan, Europe Recast; p. 168. Currencies could fluctuate against each other within a band of +I-2.5 percent of their value. Meanwhile, the Regional Development Fund helped Italy and Ireland cope with the impact of EMS participation through larger financial assistance. Consensus among member states on the desirability of deeper market integration led to the first substantive treaty reform. The Single European Act relaunched integration by giving authority to (lommunity institutions in numerous new policy areas. The most important developments concerned economic integration and the establishment of the single market. The document set the year 1992 as a deadline for completing the single market and connected this goal with achieving greater economic cohesion and a stronger social policy at the European level. This legal framework empowered the Community: European institutions regulated the internal market, and cohesion became a "vital instrument of economic and political integration."" The SEA resuscitated the goal (sf European monetary union. At that moment, the mention of monetary policy "seemed no more than symbolic,7793 but later this facet of economic integration became central to the European project. Economic developments aside, the SEA brought environmental policy into the treaty, as well as strengthened the common research and technological development policy. It legitimized cooperation on foreign policy (via European Political Cooperation), although decisions in this area remained essentially intergovernmental. Later, political cooperation gradually evolved to become the Common Foreign and Security Policy in the framework of the European Union established at Maastricht. The SEA included a few declarations dealing with the specific concerns of some newer member states; however, these te~nporary exceptions did not debilitate integration. For instance, Ireland won a derogation from the single market for its frail 92 Dinan, Europe Recast; p. 221. 93 Dinan, 2004; p. 214. insurance industry. Portugal insisted on including in the final document the idea that changes in decision-making caused by the SEA "must not damage sensitive and vital sectors of the country's economy."94 Though apparently hampering, this provision merely officialized a previously unwritten fun~ctioning principle in the EC. Overall, these qualifications are insignificant relative to the SEA'S key role in advancing integration. They did not disrupt European decision-making. On the contrary, European leaders became increasingly more aware that integration required a significant degree of flexibility: the EC's success depended on accommodating the members' interests, while simultaneously promoting cooperation and the harmonization of policies. In that sense, newel- members prevented premature rigidity from paralyzing European institutions. The Treaty of Maastricht (1993) reconfigured European politics. Not only did it radically increase the Community's formal authority, but it transformed it into a new and "impressive political entity: an organization of European states with strong federal attribute^"^^: the European Union. The Treaty on European Union delegated more powers to European institutions and structured collective authority into three clusters of policy areas symbolically referred to as the "pillars" of the Maastricht architecture: Community affairs, Common Foireign and Security Policy, and Justice and Home Affairs. The first "pillar" included all matters pertaining to economic integration and the single market. The TEU set a timetable for the ex-phoenix bird of European integration, the Economic and Monetary Union, with 1999 as the final deadline. Transcending its series of successive collapses and resurrections, EMU resulted within the Union in the adoption of a single monetary policy and a single currency, 94 Single European Act; Internet source: http://www.europa.eu.intlabc/obj/treaties/edentocll3.htm 95 Dinan, Europe Recast; p. 233. both controlled by European institutions and a continental system of banks. Euro banknotes and coins were introduced in January 2002. European Political Cooperation was restructured as the second "pillar," the common foreign and security policy, still an essentially intergovernmental sphere of European decision-making. Maastricht introduced cooperation on justice and home affairs as the third "pillar" of thc Union's framework. Member states decided to cooperate more closely on immigration, asylum, policing and judicial affairs. The TEU also conferred collective institutions sublstantive authority in fields such as culture, education and health, although it circumscribed these new powers. The Treaty strengthened environmental policy that had been established as a field of Community competence through the SEA. Maastricht also created the concept of Union citizenship that, combined with the abolition of internal borders, later contributed to the free movement of people among member states. Most importantly, the TEU institution~dized flexibility via a principle that allows member states to cooperate more closely in certain policy areas, without engaging all EU members in the initiative. In I3U-jargon, flexibility is called differentiated integration. Dinan remarks that "differentiated integration had long been mooted as a solution to the recalcitrant member states' unwillingness to go along with new policy initiatives. Now, for the first lime, the EU enshrined the principle and endorsed the practice of member states either choosing or not being obliged to participate in core a~tivities."~~ Britain, for instance, opted out of the Social Protocol. Later on, when a Labour cabinet replaced the Conservatives, the UK adopted the Protocol. While flexibility may seem disruptive to the pooling of sovereignty, it actually allows a majority of member states to integrate policies in new areas and 96 Dinan, 2004; p. 258. more intensely among themselves, despite the resistance of other countries that desire to preserve current levels of integration. This facilitates the Union's progress in sectors in which a small number of states could obstruct progress by vetoing reform. Through the Treaty of Amsterdam, differentiated integration was institutionalized and ceased to be an ad hoc arrangement. EU empowerment continued with the 'Treaty of Amsterdam (ToA) in 1997, although Union membership had increased two years before with the accession of Austria, Finland and Sweden. The ToA incorplorated in the Community pillar provisions concerning the free movement of persons (e.g. visas, asylum, immigration and judicial cooperation in civil matters), thereby transferring authority from national to European institutions. It introduced in the E,U framework the 1985 Schengen Treaty on the gradual abolition of internal border checks. The Union assumed new attributions: promoting equality between men and women, competitiveness, and high levels of environmental protection and improvement. Member countries set as a goal the establishment of an area of freedom, security and justice. To achieve it, European institutions committed to encouraging states to resort to police and judicial co- operation in criminal matters, and to collaborate in preventing and fighting against racism and xenophobia. European-level common action targeted key national and transnational problems like corruption, fraud, terrorism, drug and arms trafficking, trafficking in persons and offences against children." At Amsterdam, the EU officially engaged to defend the principles of liberty, democracy, respect for human rights and fundamental freedoms. 97 Data about expansion of Community competences is taken from Craig, Paul and Griinne de Blirca, EU Law: Texts, Cases and Materials, 31d edition, Oxford: Oxford University Press, 2003. Table 3: Issue Areas and Levels of Authority in Europe I I. Economic issue areas 3. Ca~italflows 1 1 1 1 4 4 11.Industry 1 2 2 2 2 3 3 12. Money/credit 1 1 2 2 2 4 4 13. Foreirm exchange/loans 1 1 2 2 2 4 4 14.Revenue/taxes 1 1 2 2 2 3 n/a 15.Macroeconomic 1 1 2 3 2 4 n/a II. Socio-cdtural issue-arenas 1. Work condtions 1 1 2 2 2 3 3 2. Health 1 1 1 1 2 2 3 3. Social welfare 1 2 2 2 2 2 2 4. Education and research 1 1 2 2 2 3 n/a 5. Labor-management relations 1 1 1 1 1 3 n/a I IV. International relations/extemal securitv issues 1. Commercial negotiations 1 1 3 4 4 4 4 2. Economic-militam assistance 1 1 1 1 2 3 3 3. Diplomacy and IGO membership 1 1 1 1 2 4 4 4. Defense and war 1 1 1 1 2 2 2 1 5. Humanitarian and development aid 1 1 1 1 3 3 3 1:All policy decisions at national level 2: 02y some policy decisions at EC level 3: Policy decisions at both national and EC level 4: Mostly policy decisions at EC level 5:All policy decisions at EC level *: 0 Schrmtter, Philippe, "Imagining the Future of the Euro-Polity with the Help of New Concepts," in Marks, Gary; Fritz W. Scharpf; PUppe C. Schrnitter; and Wolfgang Streeck (eds.), Governance in the European Union, London: Sage Publications, 1996; p. 125-6. Hix, Simon, The PoliticalS_&em dthe European Union, 2nd edtion, Basingstoke, Hampshtre: Palgrave Macrmllan, 2005; p. 20-21. The Treaty of Nice focused on preparing EU institutions for coping with the structural and technical difficulties that enlargement towards Eastern Europe was expected to generate. As such, Nice did not increase or decrease the powers of collective institutions. Institutional developments will be analyzed later in this chapter. Overall, empirical data about the Union's evolution indicate that enlargement has neither discontinued, nor reversed integration in policy areas where member states had previously pooled sovereignty. In fact, integration levels have generally increased in policy areas entrusted to the Community. Power has accrued over time to European institutions (see Table 3). This table compiling data gathered by Schmitter, Hix, Donohue and Pollack covers 29 different policy areas assessed at seven distinct moments in EU history. Scores given on the national-European continuum (see table legend) show that member states have delegated increasingly more power to European institutions. Patterns do not appear to be disrupted by enlargements, since scores usually continue to increase. One can notice, however, a tendency of the scores to plateau after a policy area reaches a superior level of integration. This phenomenon does not occur due to successive enlargements, but rather to the mernber states' unwillingness to surrender decision-making authority to European institutions in all sectors and types of decisions. Such reluctance does not necessarily depend on whether the countries opposing further delegation of power to col1ec:tive fora are old or new EU members. Most importantly, the data indicate that in these 29 key areas of European integration, states have very rarely decided to regain power. Even in cases when the score dropped from one selected year to the next, states seem to delegate again the higher level of authority to European institutions in subsequent years. For instance, in the energy sector member states had exclusive powers in 1950. They delegated a limited amount of decision-making to European institutions in 1957, but then returned to exclusively national decisions as a result of international economic crises. With the Maastricht Treaty, member states shifted back to a situation in which some authority was given to the Union, and in 2004 policy decisions are made at both the national and European levels. As noticeable from these surveys, European authority has systematically increased as national governments have pooled sovereignty in more policy areas. Enlargements have not led to disruptions: if th~e EU's evolution slowed down or stagnated at any moment or in any policy area, usually this occurred due to international economic and political difficulties or to disputes within the Community that involved old and new members alike (or, in some cases, only countries from the initial Six). The second chapter of the present thesis develops the analysis of increasing European authority by assessing the respective contributions of old and new members to the advancement, stagnation or dilution of integration. CS.eutin,:/ni.~imui~tli~~g European Zl~stitirtions Within this dimension of integration, progress seems astonishing as well, given the fact that the European project started developing institutionally only half a century ago. From the virtually powerless Consultative Assembly and the symbolic Committee of Ministers in the Council of Europe (created in 1949) to the numerous strong EU institutions influencing domestic artd international politics today, the united Europe has come a long way. Successive enlargements did not disrupt the integrative process by triggering the collapse of the Community's institutional structure or dismantling any European decision-malung bodies. Typically, European institutions are long-lived and, in the rare cases when they cease to exist, this happens because they merge or evolve to become stronger structures. After World War 11, European cooperation was purely intergovernmental. Organizations such as the Council of Europe or the Organization for European Economic Cooperation paid lip service to the idea of integration, while limiting their scope to that of consultation fora. As Western European states became increasingly aware that common problems require commo~l solutions, they started establishing supranational bodies to which they delegated authority in one policy area (e.g. the European Coal and Steel Community, Euratorn, the Western European Union, etc.). As collective objectives developed and diversified, member states merged existing institutions in one complex multi-functional system, the European Community that later evolved into a Union. The Rome Treaty established the European Economic Community, whose basic institutional framework still constitutes the skeleton of the European project today: the European Commission, the Council of Ministers, the Common Assembly and the European Court of Justice. The Commission is a supranational body functioning independently from national governments that initiates, implements and upholds Community legislation. The Council of Ministers represents the EC's main decision-making body. It assembles the member states' government ministers and meets regularly in a number of configurations (e.g. finance ministers, agriculture ministers, foreign affairs ministers, etc.) to enact legislation. The Council makes decisions, according to relevant treaty articles, by unanimity, qualified majority voting or simple majority voting. The Common Assembly, the European Parliament's direct ancestor, initially had a purely consultative function and did not directly influence legislation. Later, however, in the framework of the European Community and the European Union, a supranational and integration-committed Parliament became a co-legislator with the intergovernmental Council of Ministers. The European Court of Justice (ECJ) is the European equivalent of a constitutional (supreme) court: it interprets treaties and secondary legislation, adjudicates disputes concerning EU law, enforces judgments against member states in infringement cases, interprets and judges the validity of acts performed by Community institutions, and interprets the statutes of bodies established by the Council. Apart from this central institutional framework, the Rome Treaty also established a European Investment Bank to provide advantageous loans for regional development and modernization projects. In the years following the Treaty of Rome, existing institutions spawned other institutions as they organized their functioning. The Commission established departments (in Euro-jargon: directorates-general) that corresponded to its primary activities and responsibilities; directorates-general produced directorates and division^.^^ As integration progressed, the Co~nmission established new departments to "reflect real or anticipated increases in Community competence."99 ~ational governments created a Committee of Permanent Representatives (known by the French acronym Coreper) made of senior officials who linked the Council with the Commission by exchanging national positions on Commission proposals and preparing Council meetings. A truly innovative document from the institutional point of view, the Merger Treaty of 1968fused the three European Communities that had existed in parallel: the Coal and Steel Community, the European Economic Community and the Atomic 98 For more information on these structures, refer to Stevens, Anne, Brussels Bureaucrats? The Administration of the European Union, London: Palgrave, 2001; p. 26-42. 99 Dinan, Europe Recast; p. 117. Energy Community. The Merger Treaty created the European Community (EC), an entity that encompassed all the functions of its predecessors. Institutionally, the document was revolutionary in European politics because it created a supranational nucleus of decision-malung, i.e. a unique group of European institutions that controlled several policy areas. Subsequently, whenever member states wanted to initiate European cooperation in a new sector, they did not establish a different international organization or Community. Instead, they simply amended European laws to delegate new powers to existing EC institutions. After 1968, member states have collectively pursued the pooling of sovereignty, policy harmonization and international cooperation within this institutional framework. Ever since the Merger Treaty, this feature has facilitated the diversification of European powers; the European Union itself inherits this primary trait from its predecessor. Despite three enlargements (Britain, Ireland and Denmark in 1973; Greece in 1981; and Spain and Portugal in 1986), the EC's institutional structure expanded through the Single European Act. The SEA empowered the European judiciary by establishing a system based on two levels of jurisdiction. At the first level, the document created a Court of First Instance to reduce the burden of cases that almost suffocated the ECJ after its increased activisn~ in the preceding years.100 The CFI hears in first instance all cases brought to it by individuals and member states (with certain e~ce~tions).'~' Some cases heard by the Court of First Instance can be appealed to the ECJ on points of law. At the second level, the European Court of Justice maintains its authority as the equivalent of a "European supreme court." loo As the ECJ asserted its primacy over national courts and its essential role as an interpreter of Community legislation, European citizens increasingly appealed to it and invoked their European rights often against national laws. lo' The areas within CFI jurisdiction are agriculture, state assistance, competition, commercial policy, regional policy, social policy, institutional law, trademark law, transportation, and statute of officials. The SEA legitimized the European Council as an official institution participating in European decision-making. The European Council had functioned since 1974 as an informal (though regular and influential) reunion of all national leaders (presidents or prime ministers) assisted by their foreign ministers. The SEA introduced in the European institutional structure a body that has remained intergovernmental until today; nevertheless, this legitimization and absorption into official decision-mahng forced the European Council to communicate and cooperate more openly with the EC. Absolute regulatory autonomy was becoming pass6 for the national governments on the Old Continent. At Maastricht, the broadest institutional revolution occurred: the Community became the European Union, not only an economic union, but also a geo-political entity. The entire institutional structure was reorganized under three pillars: Community affairs, Colnmon Foreign and Security Policy, and Justice and Home Affairs. European institutions were thereby given authority to promote the integration project in a multitude of new directions only remotely related to the initial objective of common market. Member States created an independent European System of Central Banks (consisting of the European Central Bank and national central banks) to lead and support the finalization of Economic and Monetary Union. The TEU also established an office of the Parliamentary Ombudsman, who investigates complaints about maladministration in the institutions and bodies of the European Union (only the Court of Justice and Court of First Instance, when acting in their judicial role, do not fall under his jurisdiction).lo2 The creation of il European Committee of the Regions lo2 Information from the European Ombudsman website: http://www.euro- ombudsman.eu.int/glance/en/ default.htm "symbolized the member states' recognition of another level of governance in the EU a level separate from yet connected to national and European structures. TABLE 4: EUROPEAN UNION AGENCIES'~~ lo3 Dinan, Europe Recast; p. 258. 104 This table was compiled by Daniel Kelemen and presented during a series of lectures on EU integration at Oxford University, October 2004. The Treaties of Amsterdam and Nice focused more on reforming existent institutions rather than on creating new structures. Nevertheless, issues pertaining to the third pillar (judicial and police cooperatioil) required the establishment of new institutions. As a result, EUROPOL, an agency for cross-border police cooperation became operational in 1994; and EUROJUST, the EU's structure for criminal justice cooperation and coordination was launched in 2001. Furthermore, following an Anglo-French call for the Union to develop itlj capacity for autonomous military action within the "second" pillar (CFSP), the EU established a Rapid Reaction Force in 2003.1°5 Also, in the post-Cold War era, the EU developed significantly as a structure by establishing a multitude of agencies. This type of European institution emerged in the mid 1970s, but reached the peak of its development after Maastricht. Table 4 above offers a representative list of the most important CommunityIUnion agencies and specifies the primary function of each agency, as well as the location and year when it became operational. Institutionally, enlargement has not oblstructed integration so much as to trigger the collapse of European-level bodies. To the contrary, the number of collective institutions has increased and, as a survey of the first analytical category indicated, member states have delegated increasingly more authority to the ever- diversifying European level of governance. Moreover, the European project transcended its initial condition of regional anrangement for economic integration, restructured its institutional framework and transformed itself into an unprecedented geo-political entity: the European Union. '05 The Rapid Reaction Force is a structure able to deploy within sixty days a number of sixty thousand troops, with necessary command, control and intelligence capabilities, and remain in the field for at least one year (Bulletin EU 12-1999). Decision-Making ~echanisrns'~~ Yet, it is still necessary to clarify whether, within European institutions, decision-making has become more detached from the national interests of any one member state (usually defended through the possibility of veto). Are more decision mechanisms supranational (based on majority voting), or has the Union returned to intergovernmentalism (unanimity) possibly in response to enlargement? "A blend of supranationalism and intergovernmentalism characterized the functioning of the Community from the beginning," as Dinan relmarks.lo7 This section tries to determine if and how the proportions of supranationalisrn and intergovernmentalism in the EU cocktail have changed as a consequence of enlargement. From the beginning, the European Commission and the Parliament emerged as supranational institutions (independent in their functioning from national governments, although both initially appointe~d by member states) and ardent promoters of integration. Originally, the European Parliament had a limited legislative role through the consultation procedure, whiclh required that the Council consult Parliament in a small number of areas (in fact, Council usually ignored the Parliament's opinions). Yet, the Parliament established committees at the European level of governance to report on Commission proposals and Council decisions. At the same time, the Commission declared that it perceived the Parliament as an institutional ally and a potential source of legitimacy for European governance.108 The Court of Justice also developed an extremely strong supranationalist profile, as it lo6For a comprehensive overview of decision-making processes, refer to Simon Hix, The Political System of the European Union, Basingstoke: Palgrave IMacmillan, 2005; and Wallace, Helen; William Wallace and Carole Webb (eds.), Policy-Making in the European Communities, New European Union Series, Oxford: Oxford University Press, 2000. 107 Dinan, Europe Recast; p. 57. 108 For an account of the Parliament's inaugural sessior~ (in which the Commission made this statement) and the early institutional developments in the EC, refer to Camps, Miriam, "The First Year of the European Economic Community," Policy Memorandum no. 17, Center for International Studies, Princeton University, Nov. 1958. decisively contributed to asserting the primacy of European legislation and developed its role as a supreme court of the united Europe. The Council of Ministers remained the intergovernmental bastion in Community governance. In its framework, decisions can be adopted by unanimity, simple majority vote or qualified majority vote (a super-majority). Even in Council policy-making, therefore, one can analyze decisions on a procedural continuum that expands between the extremes of intergovern~nentalism (reflected in unanimity voting) and supranationalism (reflected in majority voting). Unanimity reflects an intergovernmentalist approach, as any membe:r state can veto a proposal. Qualified majority indicates a more collective-oriented stance, as a minority of states can block a proposal. Finally, the simple majority voting procedure applied to decision-making in a specific policy area marks a predominantliy supranationalist perspective on legislation at the European level, as only a majority of countries can block an initiative. In 1966, after France generated the "empty chair" crisis (see introduction), the Luxembourg compromise enabled member states to invoke vital national interests to stop the Council from deciding by QMV. Inevitably, this enhanced intergovernmentalism in the Council, as there were no specified guidelines for defining a member state's "vital interests." The Luxembourg compromise hampered decision-making for a long time. Meanwhile, however, European supranational institutions developed their spheres of influence. Through a series of resoliutions in the 1960s, Parliament asserted its presence and even managed to insinuate itself into policy areas from which it was originally excluded. For instance, Parliament persuaded the Council to establish joint committees as part of the institutional infrastructure of the EC's association agreements. The ECJ developed strilungly. In two landmark cases (1963 and 1964), the Court established the key supranationalist principles on which Community legislation rests: direct effect and supremacy. In Van Gend en Loos,'09 a Dutch transport firm brought a case against Dutch customs for collecting duty on a product imported from Germany, in breach of Europe,an common market provisions. The Court asserted that the EC "constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights," and ruled that the Netherlands were in breach due to the direct effect of Community law. In Costa v. EN EL,"^ the Court upheld the supremacy of 13C law over national legislation. The 1970s saw the introduction of a system of "own resources" to fund the EC, based on three sources of revenue: tariffs on industrial imports, levies on agricultural imports, and a value-added tax. Parliament gained budgetary authority (previously the power of the purse belonged entirely to the Council). In June 1979, the first direct elections for the European Parliament were held in all member states. In 1981, the Parliament started the practice of voting on the incoming Commission, thus setting a precedent for acquiring formal investiture powers later. At the same time, however, the establishment of the intergovernmental European Council undermined the Commission's power as the sole initiator of legislative proposals. If the Single European Act reinforced the intergovernmental dimension of the Community by legitimizing the European Council, it strongly reinforced the supranational facet of decision-making by increasing the powers of the European Parliament. Until then, despite the fact that national representatives were directly elected, the EP's function had remained basically consultative. The SEA introduced the cooperation procedure that gave the EP a voice in European legislation (the right lo9Case 26/62, Van Gend en Loos v. Nederlandse Adrninistratie des Belastingen [I9631 ECR 1. 'lo Case 6/64, Costa v. ENEL [I9641 ECR 585. to a second reading) for some single market measures. Parliament also gained a new power of assent for accession and association agreements. The SEA also reformed decision-making by extending the use of QM'V instead of unanimity to cover most measures concerning the single market in the Council of ~inisters.'" This modification enhanced the supranational facet of European law-making as it suggested that the common market will be coinpleted even though some member states may oppose it. The Treaty on European Union included substantial innovations in terms of decision-making mechanisms, again accentuating supranational characteristics. First, the Parliament's legislative role was strengthened as the Treaty introduced the co- decision procedure, which enables Parliament to participate in law-making as the Council's equal. Co-decision gives Parliament the right to a third reading of draft legislation and the possibility to establish a conciliation committee in which representatives of the Council and Parliament attempt to find a compromise solution at the final stage. Second, Maastricht empowered the EP by increasing the scope of the cooperation procedure. Third, the treaty extended the use of QMV for most policies included under the Community pillar. The Treaty of Amsterdam increased the use of QMV in the Council and strengthened the legislative power of the Parliament by extending the applicability of the co-decision procedure. This occurred as a result of reorganizing the first and third pillars: many policy areas included under ''Justice and Home Affairs" were transferred to the Community pillar and, thus, made the transition from unanimity to QMV as decision-making mechanism. The issues remaining under the third pillar led to its reconfiguration under the name "Police and Judicial Cooperation." "'For a complete and detailed description of the Community/Union's intricate decision-making procedures, see Simon Hix, The Political System of the European Union, 2ndedition, London: Palgrave, 2005. Finally, the Treaty of Nice contributecl to limited decision-making reform in preparation for the massive Eastern European enlargement. It changed the voting weights of member states and allocated votes to the new countries. It extended the use of QMV, allocated Parliamentary seats to the candidate countries and increased the membership of the European assembly to 732. Nice changed the Commission's composition to one representative commissio~ier per member state, a modification leading to a more equalitarian approach to supranational decision-making in the Commission, as the advantage of powerful members over smaller and weaker ones is greatly reduced. The analysis of this third dimension of European integration shows that the experience of previous enlargements has neve:r constituted a factor that severely damaged the EU's supranational dimension (a facet typically associated with integration itself). At most, a combination of causes may have led to certain enhancements of intergovernmentalism, with enlargement only playing a very limited part among the factors involved. Nevertheless, progress in the increase of European supranational institutions has been constant, and has taken the form of either empowerments of the Parliament, or reductio~i of the possibility to veto in the Council, or Commission entrepreneurship, or ECJ activism. This analysis of integration based on three analytical categories (expandinglreducing European powers; adding new institutions/dismantling existent institutions; and reforming decision-making processes) shows that the Union has become substantially stronger throughout its history (see Table 5 for a treaty by treaty synthesis). Once member states delegated a competence to European institutions, they never used treaty amendments to attempt to regain it, not even after enlargements that rendered the EU more heterogeneous. European bodies have never been dismantled to reverse the pooling of sovereignty. Decision-making reforms have systematically replaced unanimity with QMV, and generally enhanced the powers of the European Parliament, a supranational body that favors increases in integration. Table 5. The Evolution of Formal Authority: Three Analytical Categories and th~e Six Treaties I. The Treaty Expanded competences Created the EC -- Establishing the institutional European Economic framework Cornrnunitv -1957 11. The Merger Treaty -- Fused the -- -1968 institutions of the three European Communities 111. Single European Expanded competences Added new Increased EP Act (SEA) -1986 institutions powers and use of QMV IV. Treaty on Expanded competences Created the Increased EP European Union European Union powers and use (Maastricht Treaty) - and added new of QMV; 1992 institutions introduced dfferentiated integration V. The Treaty of Expanded competences -- Increased EP Amsterdam (ToA) - powers and use 1997 of OW. VI. The Treaty of -- -- Increased use of Nice -2001 QMV A multi-faceted analysis of EU formali authority does not indicate that enlargement has had significant negative effelcts on the pooling of sovereignty. Yet, this conclusion does not reveal anything about the relative contributions of old and new member states to integration. It could be that old member states managed to pursue integration despite the joining members' effort to weaken EU institutions. In this case, adding new members to the Union vlould have, in fact, diluted the substance of integration. However, if new members actively contribute to increasing European authority, then enlargement can stimulate the l?ooling of sovereignty. This is the topic on which the present thesis concentrates in its next chapter. CHAPTER I1 A New Hope: Debunking the Mytb of the "EU Generation Gap" The European Union lacks a seductive founding myth. There is, however, a dark legend that compensates for this absence in the European collective imaginary. Numerous European integration theorists, assisted by journalists and politicians, have sown apprehension among Euro-enthusiasts by spawning and fueling a terrible prophecy of dissolution intrinsically connecte~d to enlargement. I call this gloomy legend of the united Europe the "EU Generation Gap," and, to reassure the misled and fearful, attempt to debunk the myth in this chapter. What exactly is the "EU Generation Gap"? The myth tells us about a fearless group of countries that "shared the common objective of uniting (...) their national structures, competences, and resources" to transcend the nation-state, a group that defined itself as a "homogeneous organization."112 Depending on when the story is told (typically before an enlargement), this brave group of old member states has six, nine, ten, twelve or fifteen members. Whenever other countries join the Community, this harmonious and peaceful paradise of integration is threatened. In an enlarging Union, the myth goes, the young and restless new members constantly disturb the tranquil and committed old members from their integrative endeavors, menacing the very existence of the EU as a geo-political entity. The lack of commitment among newcomers is so severe that an "EU Generation Gap" separates young members from the dedicated veterans of integration. There is a desire to justify concealed a.t the deep core of every legend, and the myth of the "EU Generation Gap" does not deviate from the general rule. To put it Balazs, Peter, "Strategies for the Eastern Enlargement of the EU: An Integration Theory Approach in Laurent, Pierre-Henri, and Marc Maresceau (eds.) THE STATE OF THE EUROPEAN UNION, Vol. 4: Deepening and Widening; Boulder, London: Lyune Rienner Publishers, 1998; p. 82-83. plainly, this story is nothing but a convenient :strategy to avoid responsibility. If policies and decision-making are integrated at the European level, there also has to be a European scapegoat. Something goes wrong in the Union? Citizens are unhappy? Institutions are too slow? Government officials are hesitant? Whether you are a government representative from a Western European country or a European institution, there is one catholic solution that alllows you to avoid responsibility for all problems: whatever IT is, just blame IT on the younger generations of member states! Whatever IT is, blame IT on EU enlargement' The myth rests on two premises: a) the older the member state, the more committed to integration it is; and b) new member states do not contribute to the pooling of sovereignty; on the contrary, they perturb it and impede the otherwise rapid progress of integration (favored by older member states) from occurring. To debunk the myth of the "EU Generation Gap," I attack these two premises. To question the validity of the first, I adopt ark intergovernmentalist perspective and analyze a number of key situations concerning a variety of representative European policy areas (economic integration, social policy, common defense, political cooperation, etc.) in which the old generation (the initial Six) betrayed integration without scruples to pursue national interests. 'To question the validity of the second premise, I present the ways in which each enlargement has stimulated integration through the direct contributions of the joining countries. To conclude, I also assess the indirect ways in which adding new members to the EU has strengthened European integration. A Nc~cessary Bit ofDisc~~~chunt~nent: iona Keu1i:;tic Porlrait of the Old Ge~~erut Throughout the EU's evolution, several scholars have warned against taking for granted the homogeneity of veteran Community members in terms of preferences, commitment to the idea of united ~uro~e,"~ structure or economic performance.114 Implicitly denying that an initial ideal of integration existed, Dinan describes the beginnings of the European Communities in the post-WWII era as "practical solutions to concrete and complex challenges, rather than an overarching philosophical framew~rk.""~In fact, the united Europe lacks a nice founding story due to Western European ambivalence. If anything, the United States initiated European integration and reinforced it through the European Recovery strategy and financial assistance, despite Western European reluctance. The Foreign Assistance Act of April 1948 enacted the Marshall Plan and asserted in its "Declaration of Policy": Mindful of the advantages which the US has enjoyed through the existence of a large domestic market with no internal trade barriers, and believing that similar advantages can accrue to the ciountries of Europe, it is declared to be the policy of the people of the US to encourage these countries [receiving Marshall aid] through a joint organization to exert common efforts.. . which will speedily achieve that economic cooperation in Europe which is essential for lasting peace and recovery."6 Michael Hogan describes the idea of European integration as "a grand design for remaking the Old World in the likeness of'the ~ew.""~ The initial members' hesitant attitudes confirm that the pooling of sovereignty was imposed upon them rather than self-initiated. France launched Eu1:opean integration as a result of American pressure. US secretary of state Acheson told his ambassadors in Europe that Dinan, Desmond, Europe Recast. 'I4 Tsoukalis, Loukas, The European CommuniQ and its Mediterranean Enlargement, London: George Allen & Unwin, 1981; p. 251. 115 Dinan, Europe Recast; p. 321. "6 Internet resource: text of the act available at http://www/let/leidenuniv.nl/history/rtg/ resl/marshall/htm. 117 Hogan, Michael, The Marshall Plan: Amenca, Britain, and the Reconstruction of Western Europe, 1947-1952, Cambridge: Cambridge University Press, 1987; p. 53. the solution to the Ruhr problem and the Gernnan question "lay in French hands."l18 In 1949, Acheson insisted that the French foreign minister, Robert Schuman, come up with a solution by May 1950. Triggering the establishment of the Coal and Steel Community, Acheson urged Schuman: "I believe that our policy in Germany.. . depends on the assumption by your country of leadership in Europe on these problems."119 On May 9, 1950, the Schuman Declaration proclaimed the principles and values on which European integration ha:; developed ever since. France did not treasure economic and/or political integration as goals in themselves. In fact, this representative of the first and oldest generation caused the only two major crises that almost brought about the collapse of the fledgling European Communities in their first decades of existence. The French parliament failed to ratify the treaty for a European Defense Community and the related initiative for a European Political Community in 1954. At the time, the defeat of the Defense Community "seemed (...) to deal a near-fatal blow to prospects for further integration," turning supranationalism into a "dirty word."'20 Miraculously, European integration survived the shock. Later, France stumbled again on the path leading to a united Europe, as the 1957 Treaty of Rome ?net stiff resistance in the French National ~ssembl~,"'~~ when the French were insisting that the entire Western Europe should adopt France's much-vaunted social model. Following a series of concessions and "protective measures" for the affected French industries, France accepted the Treaty. U.S. Department of State, Foreign Relations of the United States [FRUS], 1949, Vol. 4, Washington, DC: Department of State, 1986; p. 470. "9 FRUS, 1949, Vol. 3; p. 624-625. I2O Dinan, Europe Recast; p. 63. 12' Leibfried, Stephan and Paul Pierson, "Social Policy: Left to Courts and Markets?" in H. Wallace and W. Wallace (eds.) Policy-Making in the European Union, Oxford: Oxford University Press, 2000; p. 270. The second crisis, however, endangered the European Community not through a related initiative, but from within. In 1965, protesting a set of Commission proposals that aimed at empowering the Community (e.g. allowing the EC to acquire its own resources, transferring budgetary authority from national parliaments to the European Parliament, increasing the authority of the Commission, increasing the use of qualified majority voting in the Council, etc.)., Charles de Gaulle withdrew the French representative from the Council of Ministers. The so-called Empty Chair crisis ended in 1966 when the Six hammered out the Luxembourg Compromise. According to this agreement, the Council would never decide a matter by qualified majority voting when a member state claims that its vital national interests are at stake. Basically, the Luxembourg Compromise asserted a member's right to veto legislative proposals even in situations when, according to the Treaty of Rome, the Council had to resort to QMV. The consequences of the Empty Chair crisis and its resolution debilitated integration and ushered in a period in EU history known under suggestive names such as "Euro-sclerosis," "Euro-paralysis" or "Eur~o-slump." Dinan explains: Because there was no objective measure of what constituted an important national interest, governments used the term loosely, often under domestic political pressure. The Luxembourg Compromise therefore cast a long shadow over legislative decision-making and elevated the national veto to a sacrosanct principle.122 The other initial Community members did not cause disturbances anywhere comparable to those France generated in econ~omic integration, European institution- building and political cooperation (for that matter, no country belonging to the newer generations of EU members ever managed to disrupt integration to such an extent, either). However, other members of the golden and sparse first generation did resist the pooling of sovereignty in particular policy areas and to a lesser extent. For 122 Dinan, Europe Recast; p. 108. instance, during the first decade of European jntegration and in stark contrast with its later stance, the Netherlands deeply distrusted supranationalism in the negotiations for establishing the Coal and Steel Community. Pidenauer's biographer, Hans-Peter Schwarz, characterized the Dutch position as "an unfortunate mixture of trade calculations, aversion to French or German hegemony, openness to British influence, and deep concern about the prospect of being absorbed into larger units."123 Usually, however, among the original six members, the smaller states (Belgium, Benelux, Italy and, eventually, the Dutch) were typically more committed to the "ever-closer union." It was the European "Franco-German axis" or "core Europe" (as it is called today in the language of the Generation Gap legend) that created most frictions. Even when the Six boasted about their commitment to integration, pompous declarations seldom amounted to more than paying lip service to a profitable (though hard to implement) policy line. Partially espousing the EU Generation Gap myth, Dinan describes the atmosphere preceding negotiations for the Single European Act as follows: "A wide rift had opened between Ithe original member states, which (despite differences over policy and procedure) were developing a greater commitment to European integration, and the later arrivals, which had never subscribed to European integration.. . >>I24(Ireland is singled out as a notable exception among the joining countries.) Dinan notes, nevertheless, that "for all their determination, the [position of the Six and Ireland] before and during the IGC [i.e. intergovernmental conference] was surprisingly weak." Prior to the conference, "Mitterrand's involvement in Community aff,airs (if not his commitment to European 123 Schwarz, Hans-Peter, Konrad Adenauer: A German Politician and Statesman in a Period of War, Revolution and Reconstruction, Vol. 1: From the German Empire to the Federal Republic, 1876-1952, Oxford: Berghahn Books, 1995; p. 613. lZ4Dinan, Desmond, "Reflections on the IGCs" in Laurent, Pierre-Henri, and Marc Maresceau (eds.) THE STATE OF THE EUROPEAN UNION, Vol. 4: i3eepening and Widening; Boulder, London: Lynne Rienner Publishers, 1998; p. 26. integration) noticeably waned." At the same blme, the German Chancellor Helmut Kohl was "surprisingly unassertive immediately before and during the IGC."'~~ Dinan makes absolutely no attempt to explain this change of heart. It just happened; and the contrast between the loquacious "determination" of the Six and their unwillingness to act does not seem to seriously undermine the stability of the European myth. Essentially, Dinan and other supporters of the EU Generation Gap legend (politicians, journalists and scholars) r~efuse to acknowledge and analyze the fact that old member states were willing to sa,y a lot, but systematically hesitated when they had to transpose their pompous declarations into practice. Consequently, in the illustrative case of the SEA, new member:; and the Commission actually assumed leadership in treaty reform and policy integration to compensate for the initial members' obvious lack of enthusiasm. The old members7 resistance to liberalization shows that the old generation has not always been eager to achieve a European customs union. Non-tariff barriers (e.g. different national rules concerning product standards) impeded the free movement of goods throughout the 1960s. "The Commission began the laborious process of harmonization, but soon ran into national resistance.77126 In transport policy, some of the original Six also opposed integration. Germany and France tried to impede the establishment of a European transport market due to their long tradition of market regulation. The Commission, supported by the Netherlands and Britain, attempted to abolish trade barriers and establish a European transport market.127 Members agreed upon a package deal in 1993, when pro-regulator Germany accepted liberalization in exchange for concessions. In telecommunications policies, the UK 125 Dinan, "Reflections on the IGCs"; p. 27-28. 126 Dinan, Europe Recast; p. 114. lZ7 HCritier, Adrienne, Policy-Making and Diversity in Europe: Escape from Deadlock, Cambridge: Cambridge University Press, 1999; p. 33. and the Netherlands supported the idea of free market services, whereas France and Gennany "insisted on the natural monopoly nature of telecommunications and their public-service obligations."128 Thus, Britain, (arelatively younger Community member, promoted free-market goals and liberalization, despite the resistance of old Community members. Numerous other relevant moments can be included in this long list of hesitations and obstacles: France's lack of support for supranational integration in foreign and security France and Itally's failure to respect their commitments under the Stability and Growth Pact of 1997; Germany's reserve concerning the finalization of Economic and Monetary Union; etc. In sum, the old members' record in terms of commitment to integration is very far from impeccable. Old member states have never been animated in their pursuits by the noble goal of European integration, as the legend has it. Instead, they have simply attempted to use the pooling of sovereignty as a tool to advance their national interests. Declarative commitments often came down to little more than empty wiords when national benefits were at stake. Therefore, the first premise of the EU Generation gap legend does not stand. Younger Members: the 'Other' Contributes to European Intenration This and the following sections of this chapter focus on the more or less direct ways in which enlargement has enhanced European integration. In this section, I analyze direct contributions and show that joining members have added their priorities onto the Community agenda, initiating cooperation in new areas and fostering progress in already integrated sectors. The overview of the enlargements' impact on the pooling of sovereignty contradicts the second premise of the EU 12' HCritier; p. 39. Koenig-Archibugi, Mathias, "Explaining Government Preferences for Institutional Change in EU Foreign and Security Policy," in International Organization 58, Winter 2004, p. 141. Generation Gap myth. Old members are not the sole contributors to the advancement of the united Europe; new members provide novel and valuable opportunities in the EU' s development. The first wave of enlargement added to the Community two Euro-skeptic states (the UK and Denmark) and a "believer in European integrati~n"'~~ (Iseland). Despite their initial reservations towards ~upr~anationalism, the two relatively reluctant new members quickly understood its virtues amd started using the available opportunities to their own advantage. The new interests that joining countries wanted to defend and pursue within the Community framework triggered the development of integration itself, adding dimensions to the European project and fueling evolution in stagnating areas. The only net contributor to the Community budget apart from West Germany at the time,l3l the UK concentrated on regional (as opposed to agricultural) funds to support its industrially declining regions. This was a strategic move, from the British perspective. Because it imported more agricultural products than other member states and had a small farm sector, "Britain [contributed] relatively more in agricultural levies to the Community's budget and [got] back relatively less in agricultural ~ubsidies."'~~ To increase its share of received European funds, the UK assumed leadership in developing a new area of Community power: regional policy. Britain and Ireland joined Italy and the Commission in the effort to establish a European Regional Development Fund that would provide assistance to the EC's poorer regions. Their endeavor was successful, and the Fund became operational in 1975. Before the first enlargement, Italy, although a.ssisted by the Commission, had 130 Dinan, "Reflections on the IGCs"; p. 26. 13' Kaiser, Wolfram, "What Alternative is Open to Us?" in Wolfram Kaiser and Jiirgen Elvert (eds.) European Union Enlargement: A Comparative Histoy, Routledge Advances in European Politics, London and New York: Routledge, 2004; p. 25. 132 Dinan, Europe Recast; p. 149. repeatedly failed to achieve this, due to opposing old members. Hence, the accession of Ireland and Britain boosted a previously paralyzed area of Community power. Joining countries brought with them a different view of regional disparities,'" as well as their own interests to receive more European funds. The first generation of new members also contributed to European integration in other ways. The UK advocated for Europeam liberalization and for a rapid completion of the internal market. Ireland helped to develop redistributive policies, supported the common agricultural policy and encouraged the use of qualified majority voting in the ~ounci1.l~~ Denmark supported the common agricultural policy; however, the Danes insisted that their traditional (national) commitment to social policy and the pursuit of greater equa1il.y between the various groups of population be respected.135 Denmark initially rejected the Maastricht Treaty in a referendum by a very thin margin (50.7 to 49.3). Scholars often present this as a proof of resistance to integration; yet, Denmark's rejection should be seen in a broader perspective. Although Maastricht was rejected by a razor-thin margin, this vote drew attention upon the ever-increasing feeling among European citizens that Community decision- making lacked transparency and democratic legitimacy. The Danish referendum institution warned against the dangers of ignoring the importance of transparency and the democratic connection between European citizens and Community institutions. Broad commitment to integration was not the main issue in the Danish case. If anything, Denmark's population can be considered much more committed to and 133 HCritier, Adrienne, Policy-Making and Diversity in Europe: Escape from Deadlock; p. 64. 134 Moxon-Browne, Edward, "From Isolation to Involvement" in Kaiser, Wolfram, and Jiirgen Elvert (eds.) European Union Enlargement: A Comparative History, Routledge Advances in European Politics, London and New York: Routledge, 2004. 135 Laursen, Johnny, "A Kingdom Divided in Kaiser, Wolfram, and Jiirgen Elvert (eds.) European Union Enlargement: A Comparative History, Routledge Advances in European Politics, London and New York: Routledge, 2004; p. 42. aware of European integration than the citizens of older member states. The Danes had voted in a referendum to join the EC in 1972 (a respectable 63 percent voted in favor; the turnout was 90 percent), whereas France joined in 1957 by parliamentary ratification without consulting the population.136 Through the rejection of Maastricht in the first referendum, Denmark sent a strong warning about the EU's democratic deficit. "Many Danes rightly complained about the incomprehensibility of the treaty (...).More broadly, Community leaders grasped that Denmark's rejection of the treaty was symptomatic of widespread popular dissatisfaction with the institutions and procedures of European integrati~n."'~~ The united Europe needed to open up to its citizens, and the first enlargement cast light o:n institutional shortcomings and the need for reform. The Community's southern enlargements further developed areas of European authority, due to the joining countries' interest and determination to achieve European social and economic cohesion through the regional funds policy. Mediterranean states also wanted to initiate a common security policy. While each of the acceding members contributed to integration in a variety of ways, Spain's stance proved decisive in the remarkable transformation of the Community into an economic, political and social union in the late 1980s anld early 1990s The EC's social dimension and a renewed sense of collective responsibility for regional development emerged, as Spanish insistences led to the introduction of a European Cohesion Fund. At the same time, !Spain aligned with and even surpassed older members in numerous matters pertaining to economic integration and political union: it supported all three pillars of the future union. Spain promoted monetary union; advocated for the development of a common foreign and security policy, 13kaursen,"A Kingdom Divided"; p. 46. 137 Dinan, Europe Recast; p. 259. including initiatives for a European defense13"; as well as supported cooperation at the European level in police and judicial matters.] 39 At Maastricht, Prime Minister Gonzales introduced the concept of European citizenship in the Treaty on European Union; this unique feature of the emerging gelo-political Union established a direct and substantive connection between Europeari institutions and citizens. In 1992, Spain joined four states of the initial Six (i.e. France:, Germany, Belgium and Luxembourg) to create Eurocorps, a defensive structure that has already deployed troops and police on peacekeeping missions to Bosnia and Herzegovina, Macedonia, and the Democratic Republic of Congo. Eurocorps assumed command of the International Security Assistance Force (ISAF) in Afghanistan in August 2004. Within the CFSP pillar, Eurocorps directly commands the 5,000-man Franco-German Brigade, the Multinational Command Support Brigade, and EUFOR, which took over from SFOR in Bosnia in December 2004.'~' The other two Meditenanean newcomers also contributed to the advancement of integration. Portugal pressured for social cohesion and openness in European policy-making, demanding "more public participation in the reforms that were talung place within the EU."'~~ Initially more reserved towards integration, Greece has adopted a very strongly pro-integrationist stance since the 1990s, "consistently advocating deeper, more rapid and compreheiisive, pro-federalist policy initiatives (...) that [enjoy] widespread support both froin the body politic as well as from the vast majority of the Greek Greece supported economic convergence, 13' De la Guardia, Ricardo Martin, "In Search of Lost Europe," in Kaiser and Elvert (eds), European Union Enlargement: A Comparative History; p. 106. 139BarbC, Esther, Lapolitica europea de Espana, Barcelona: Ariel, 1999;p. 42-57. 140 CIA World Factbook; Internet resource: http:llww~i.cia.govlcia~publications/factbooWgeos/ee.html 14' Pinto, Ant6nio Costa, and Nuno Severiano Teixeira, "From Atlantic Past to European Destiny," in Kaiser and Elvert (eds), European Union Enlargement: A Comparative History; p. 125. Ifantis, Kostas, "State Interests, External Dependency Trajectories and 'Europe'," in Kaiser and Elvert (eds), European Union Enlargement: A Comparative History; p. 70. 14' common security policy and agricultural po1ic:y. Mediterranean countries as a group also advocated for "an expansion of EU competence over co-ordination to promote tourism."'43 The new members helped the Union develop closer relations with Latin America and Northern Africa. The fourth enlargement towards Central and Northern Europe consolidated and stimulated EU empowerment in areas such as internal market, liberalization, institutional transparence, human rights, environment, social policy, foreign and security policy. Financially, it added three net contributors to the Union's budget. Austria wanted to belong to the 'inner core' of the Union, economically at least,144 and so did Finland, who decided to participate in the EU unconditionally and became a "model pupil" of integration.'45 At the same time, Austria and the Nordic countries shared a tradition of neutrality deriving from their previous position in the Cold War. Austria acted as a "trailblazer for other neutrals7' (Gehler; p. 133)and had a strong interest to participate in the internal market. Sweden ardently supported free trade, the EU's role as a peacekeeping force, bureaucratic and political transparence, equal rights for men and women, higher environmental standards and worker protection.'46 Austria, Sweden and Finland insisted (even during pre-accession negotiations on maintaining high standards in the areas of health, safety and environment. Within the EU, they continued to promote higher standards in environment and social policy. Consequently, this group of newcomers contributed significantly to each European treaty after their accession. After the United States rejected the Kyoto protocol in 143 Moravcsik, Andrew and Kalypso Nicolaidis, "Explaining the Treaty of Amsterdam: Interests, Influence, Institutions," in Journal of Common Market Studies, Vol. 37, No. 1 (March 1999); p. 64. 144 Gehler, Michael, "A Newcomer Experienced in Ew-opean Integration," in Kaiser and Elvert (eds), European Union Enlargement: A Comparative History; p. 144. 145 Ojanen, Hanna, "If in 'Europe', then in its 'core'?" in Kaiser and Elvert (eds), European Union Enlargement: A Comparative History; p. 150. 146 Gussarsson, Maria, "Combining Dependence with Distance," in Kaiser and Elvert (eds), European Union Enlargement: A Comparative History; p. 170-188. 2001, the European Union became a leading player in international environmental policy as a result of the newcomers' contributions. During the drafting of the Amsterdam Treaty, these states fostered reform with ambitious proposals. Based on a Swedish initiative, Amsterdam included a new Title VIII on employment. Finland initiated consumer protection policy. Sweden submitted proposals on employment. Both Nordic countries designed environmental proposals.147 The newcomers supported the use of QMV in areas such as worker information and consultation, and training anld reintegration of persons that have trouble enteringlreentering the labor market. Overall, Central and Northern European joining members initiated five new topics: solcia1 security and protection of workers; protection of workers when the employment contract is terminated; collective interest representation; employment of third-country nationals; and financing measures to integrate the excluded. Politically, as a group, Austria, Sweden and Finland advocated for more openness and transparency in EU decision-making, as well as additional empowerment for the European Parliament to solve the problem of democratic deficit. They insisted that the Union should not only enlarge further towards Central and Eastern Europe, but also build new links with Russia and open up to developing countries. The members of the fourth enlargement group have advocated for a strong 148. . regional policy ,in other words, they support a delegation of authority from national governments to sub-statelregional structures coordinated by European institutions (i.e. less intergovernmentalism and more multi-level governance). 147 Moravcsik and Nicolaidis; p. 71. Cameron, Fraser, "The European Union and the Fo'urth Enlargement," in Journal of Common Market Studies, Vol. 33, Annual Review (August 1995);p. 30. 14' Given their tradition of neutrality, Austria, Sweden and Finland have revived and developed the EU's mission to promote peace and stability in Europe. 149 A Swedish-Finnish proposal strengthened the E1J's involvement in the peacekeeping (via the so-called Petersberg tasks). Before th~is commitment to humanitarian and crisis management missions, member states ulsed to engage in unilateral policies and failed even to consult with other EU partners.150 The Swedish-Finnish proposal fleshed out the Union's second pillar, the Conmon Foreign and Security Policy. Older and younger members contributed to the European Security and Defense Policy project, launched in 1998 by the declaration of Saint Malo, a document in which a member of the first round of enlargement (the UK) and one of the initial Six (France) affirmed that the EU should develop the "capacity for autonomous action, backed up by credible military forces." After Kosovo, the 1999 European Council Cologne summit proclaimed ESDP as one of the Union's objectives. The EU declared its military capacity operational in 2001.I5' The Treaty of Amsterdam emphasized the member states' commitment to establish "an area of freedom, security and justice, in which the free movement of persons is assured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime."152 Finland assumed the responsibility to flesh out this vague idea and focused during its presidency of the Council (during the second half of 1999) on developing the third pillar of European integration -justice and home affairs. Under Finnish leadership, the Council produced at the October summit the "Ten Milestones of Tampere," a '49 Cameron; p. 19. lS0Zielonka, Jan, Explaining Euro-Paralysis: Why Europe is Unable to Act in International Politics, Macmillan: Houndsills, 1998, St Antony's Series; p. 7. l5' Declaration occurred at the Laeken Summit in Belgium; the Union can mobilize 60, 000 troops within 60 days and sustain the deployment of forces for at least one year. lS2 Amsterdam Treaty, text available online at http://euu-opa.eu.int document named after the city in which the event took place. The Milestones gave concrete meaning to the aspiration towards the area of freedom, security and justice: they included a common asylum and immigration policy; better administrative, judicial and police cooperation to fight organized crime; and fair treatment of resident third-country nationals.lS3 Trading Horses: The Indirect Benefits of European Enlargement Apart from the direct, voluntary contributions of younger members to integration, enlargement has reinforced the pooling of sovereignty indirectly through beneficial side-effects and trade-offs between old members who strongly favored enlargement and other members of the old geineration who were less enthusiastic about it. Typically, enlargement has constituted a political imperative for the united Europe. For instance, in the Community's early days, Belgium and the Netherlands "in particular were wary of possible French or Franco-German hegemony in the EC.U154 For that reason, they supported Britislh accession as a guarantee of equilibrium, a natural counterbalance to the Franco-Gesman axis. The Community's first enlargement diminished apprehensions among smaller member states, fostered stability and increased the political profile of the integrating Europe. In other cases, through enlargement, tlhe Community protected itself from exterior dangers such as political conflicts and economic instability on its borders. The Commission stated this explicitly in its composite report on applicant members, after the intergovernmental conference of 1996-1997: "Enlargement is both a political necessity and a historic opportunity for Europe. It will ensure the stability and security '53 Bulletin EU 6-1999. 154 Desmond Dinan, Europe Recast; p. 99. of the continent and will thus offer both the applicant States and the current members of the Union new prospects for economic growth and general well being."155 The EC's southern enlargement consolidated demlocracy in the region and reinforced liberalism. After the Cold War, enlargement became again a political priority and a moral obligation. In the 1990s, expansion to include Central and Eastern Europe emerged as a widely accepted Community goal around which the idea of a common foreign and security policy crystallized again and developed. Enlargement also stimulated pre-enlargement reforms that aimed at securing more integration before the accession of new member states. Kaiser and Elvert note: With increasingly different historical experiences, economic structures and political priorities in the EU, all enlargements have led to a search for new unity in diversity and a greater deepening of integration. The prospect of Northern enlargement (...), for example, strengthened the determination of Jacques Delors (...) and other leading federalists such as the German Chancellor Helmut Kohl (...) to sign and ratify the Maastricht Treaty to secure a higher level of integration before negotiations could be further complicated by the inclusion of new members.156 The Union's expansion became an important element in the usual horse-trading among old member states. For example, Eastern enlargement has been connected to finalizing a central component of integration: the Economic and Monetary Union. France supported monetary union. Germany still hesitated about accomplishing EMU, because, "by agreeing to a single currency, Germany would be giving up the mark and surrendering control over European monetary At the same time, Germany could gain very much if Central and Eastern European countries joined the Union. Naturally, a deal resulted, and "the decisive factor (...) was Germany's informal but firm insistence that rapid enlargement to a fe~w east European countries be considered Bulletin ofthe European Union, no. 12 (1995), Office for Official Publications of the European Communities, Luxembourg. 15%aiser, Wolfram, and Jiirgen Elvert (eds.), European Union Enlargement: A Comparative History; p. 2. 15' Dinan, "Reflections on the IGCs"; p. 33. a quid pro quo for EMU."'^' In other words, had it not been for this enlargement- based trade-off between France and Germany, one of the most prominent dimensions of European integration, the monetary union emd common currency, might not have been achieved (or, in the best-case scenario, it: would have been accomplished after a long delay). One could try to defend the EU Generation Gap legend by arguing that, in some cases, newcomers have slowed down integration. This thesis does not claim that such situations cannot possibly occur. It rather refutes the widespread belief that old member states are a homogenous group committed to integration, whereas new members usually impede deepening. Country preferences (national interests) can vary as a result of changing leadership on national political arenas. Furthermore, the degree to which a country is committed to co-operation and European integration varies from one policy area to another. The UK supports liberalization, but at the same time, due to the fact that it has distinctive preferences aind a viable unilateral policy, it advocates for preserving unilateral veto in common foreign policy.159 Germany opposes liberalization of sectors such as telecommunication and transport policies, which does not prevent it from being the most adamant promoter of greater EU involvement in the sphere of coordinated immigration. Despite these complexities, integatio~i and enlargement have proceeded in parallel, and widening did not have the deleterious impacts on deepening that many scholars predicted and expected. "[Tlhe European integration dynamics have [sic!] led to a 'deepening' of the EU despite its greater heterogeneity, allowing the necessary adjustments inside the EU for each enlargement. So far 'widening' has not Moravcsik, Andrew, (ed.) Centralization or Fragmentation? Europe Facing the Challenges of Deepening, Diversity, and Democracy, "Europe's Inte