European Community Union British Constitution

The European Community, The European Union and the British Constitution:

European Community:

The European Union came into being with the Treaty on European Union 1992. The Union is the result of years of evolution of the three original European Communities, now known as the European Community. The Union has far wider objectives than the original Communities, not least, of which are the introduction of the single European currency, the Euro, the development of common defence and security policies. The European Community is now deeply embedded in domestic law.

To understand the origins of the European Community, we must look back to 1945 when Europe was devastated by war: economically, politically and socially. In order  to attain some form of harmony as a guarantor of peace and to rebuild Europe, the movement towards integration was initiated.  In 1950, under the Leadership of the French Foreign Minister, Robert Schuman, a scheme was devised whereby the raw materials of war which are coal and steel would be placed under the control of a supra-national organization, and thus the European Coal and Steel Community was established under the Treaty of Paris signed in 1950.

Initiatives were introduced to provide supranational regulation of the non-military use of atomic energy. At the same time, the move towards higher economic co-operation and the formation of a European trading area was under way. The results of these activities took the form of the Treaties of Rome signed in 1957, establishing:

The European Economic Community (EEC)

The European Atomic Energy Community (EURATOM).

Maastricht: the Treaty on European Union 1992

The Treaty on European Union-the Maastricht Treaty- signed in February 1992 was to come into force once ratified by individual member states according to their own constitutional arrangements. Because of difficulties with ratification, it was to be November 1993 before the treaty came into force.

The Treaty on European Union has expanded the areas of Community activity, adding to EC Article 3 education, culture and consumer protection. Common foreign and security policy and policy co-operation in criminal matters fall outside the activity of EC and within the European Union and its own procedural mechanisms.

The Treaty on European Union involved the creation of the European Union- a union which is larger of the European Community. The European Community is now part of the European Union but not the whole. The second part of the Treaty on European Union governs new areas of activity, namely, common foreign and security policy, and police and judicial co-operation in criminal matters.

The Treaty of Amsterdam 1997

In 1997, following a series of summit meetings the Treaty of Amsterdam, which extends the principle of free movement of goods and persons by abolishing border controls within continental Europe was concluded. Britain retained her border controls. The Treaty of Amsterdam was reached principally to adjust the EU structure with a view to enlargement of the Union.

Nice: the Treaty on European Union

In December 2000 new summit was held and a number of agreements regarding the future of the Union was was reached. The end product of the summit is the Treaty of Nice. Most of the agreements reached were aimed at adjusting mechanisms to cope with an expanded Union membership.

Institutions of the Union and Community

The European Council

The European Council is not an institution of the Community, and thus is neither limited nor obligated by Community law, nor can it be challenged in the European Court. It comprises the heads of the states or governments and the foreign secretaries together with the President of the Commission. Unusually there is no official President at the formal meetings of the twice-yearly Councils. The European Council is the driving force of the Community. It makes the broad policy decisions setting out direction and development of the Community and puts these into legislative form through the signing of treaties.

The Commission

The Commission is comprised of seventeen members, who shall be chosen depending on their general competence and whose competence is beyond doubt. The Commission must contain at least one national of each Member State and not more than two. The term of office of Commissioners and the President is five years. It requires that the European Parliament be consulted on nominations for the President and then give its vote of approval on the proposed composition of the Commission before all members were appointed by the Member States.

The Council of Minister

The Council of Ministers is the Community institution in which the political authority resides. The Council consists of one ministerial representative from each Member State. This is the foreign Secretary when matters of external policy or general Community concern are under discussion. Otherwise, the responsible ministers attends; thus if fishing or agriculture policy is on the agenda, then the represents will be the agriculture ministers. The Presidency of the Council rotates, with a Member State holding it for six months. The Council is the least supra-national institution of the Community, its individual members inevitably being concerned to protect and foster their country's interests within Community.

Committee of the Permanent Representative:

The Council of Ministers is not a permanent fixture but assembles and reassembles when required in the form that is appropriate. There is therefore a need for a permanent organization to carry out administrative tasks and prepare the groundwork for meetings of the Council. This group is the Committee of Permanent Representatives, whose members are of ambassadorial status. The Committee does a lot of work. It has forged a unique role for itself, working to smooth and foster the relationship of the Member States, both with each other and with the institutions of the Community, and to negotiate solutions that will satisfy all the participants.

The European Parliament

The European Parliament has been least influential of the Community institutions; indeed until recently the role of the democratically elected assembly has been minimal. It consists of representatives of the people of the States brought together in the Community. The allocation of seats in the Parliament broadly reflects the population of the Member States, although it favours the smaller states whose influence in terms of represents is larger than their size warrants.

Members are directly elected for five years, at present according to the electoral system, although the European Parliament has been instructed to 'draw up proposals for elections ...in accordance with a uniform procedure in all Member States'. These are likely to provide for some form of proportional representation. A major difference between European Parliament and National Parliaments is that the European Parliament does not support or oppose a government.

The European Court of Justice

The European Court of Justice (ECJ), assisted by the Court of First instance, is, like all institutions of the Community, a creation of the treaties and can only act within the powers provided by the constitution. It is based on the French Council d' E'tat, and its French basis is indicated by the fact that the working language of the Court is French and its procedure follows that of a Civil, rather than common law system. Its procedures are inquisitorial rather than adversarial, and involve the extensive use of written evidence, the oral hearing playing a much smaller part than in Britain. There is a difference in the composition of the court. The Court is composed of thirteen judges, appointed for a renewable period of six years. In practice each Member State provides one Judge and the additional judge come from one of the 'big five'.

The United Kingdom's constitutional consequences for membership of the European Community and Union:

Membership of the European Community and Union has profound consequences for Britain's constitutional and political arrangements. They are as follows:

Membership of the European Community incorporates Britain into the constitution of the Community a largely unwritten constitution of a quasi -federal character, interpreted and enforced by a constitutional court. In the perspective of the British constitutional development and tradition this is a radical departure.

The sovereignty of parliament is diminished in practice. Parliament cannot enact, or will be unable to secure implementation of, legislation which conflicts with the Community law.

Britain, lacking a written constitution itself, is now enmeshed in a parallel European constitution, written down in the Treaties and promulgated as such. It is interpreted positively and enforced by the European Court of Justice, a kind of Supreme Court.

The existence of Community encourages devolutionary tendencies in Britain.

The political influence of Parliament is also reduced by the transfer of decision-making in an increasing number of policy areas to the Community and Union. The power of Parliament to hold ministers to account is also reduced. The autonomous power of the national government is decreased by the competing powers of the Community, the growing integration of the economic structure and policy of European Central Bank and the concentration of a European foreign policy. Although the political parties appear to be outside formal constitution, they are essential to its working, and influence the shape and functioning of institutions and institutional relationships. Membership of the Community has divided the parties along new lines.

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