THE EUROPEAN UNION WITH OR WITHOUT A CONSTITUTION

THE EUROPEAN UNION WITH OR WITHOUT A CONSTITUTION

By Nicholas Moussis

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Written by Nicholas Moussis, a former European Commission adviser, this new title examines the significance for European citizens of a “no” vote by seeking to explain, clearly and simply, the changes that a Constitution would really bring to the European Union in its present form.  The publication is divided into six chapters, each addressed in question and answer format, and concludes with the author’s personal appraisal of European integration.

CONTENTS

Introduction

Chapter 1: The European integration process

1.1. European multinational integration

1.1.1. What is the European integration process?

1.1.2. Is multinational integration an economic

or a political process?

1.1.3. How does the multinational integration process get

started?

1.2. Integration method and intergovernmental method

1.2.1. What is the difference between the integration method

and the intergovernmental method of trade liberalisation?

1.2.2. Are the intergovernmental and the integration method

incompatible or complementary?

1.3. The development of common policies

1.3.1. What is the definition of a common policy?

1.3.2. Are there various types of common policies?

1.3.3. How do common policies materialise?

1.3.4. How do common policies develop?

Chapter 2: Birth and growth of the EC/EU

2.1. The original Six

2.1.1. What motivated European unification?

2.1.2. Why did some countries prefer integration to

cooperation?

2.1.3. What was the European Coal and Steel Community?

2.1.4. What was the European Economic Community?

2.1.5. What is the European Atomic Energy Community?

2.2. How the Six became Twenty-five

2.2.1. What is the European Free Trade Area?

2.2.2. How did the European Community/Union’s

membership grow?

2.2.3. What is the European Economic Area?

2.3. The attractive force of the Union

2.3.1. What does the growing membership of the EC/EU

show?

2.3.2. How far can the Union expand?

Chapter 3: The European Treaties

3.1. The original Treaties

3.1.1. What were the objectives of the European

Coal and Steel Community Treaty?

3.1.2. What were the objectives of the Treaty

establishing the European Economic Community?

3.2. The subsequent Treaties

3.2.1. What were the new objectives set by the

Treaty of Maastricht?

3.2.2. What were the new objectives set by the

Treaty of Amsterdam?

3.2.3. What were the new objectives set by the Treaty of Nice?

3.3. The Constitutional Treaty

3.3.1. Why is the new Treaty called Constitutional?

3.3.2. How does the Constitution treat the question of the confer-

ral of sovereign rights from the Member States to the Union?

3.3.3. How does the Constitutional Treaty deal with

common policies?

3.3.4. Which are the main institutional changes brought about

by the Constitutional Treaty?

3.3.5. Which are the main shortcomings of the

Constitutional Treaty?

Chapter 4: European governance

4.1. The European Council

4.1.1. What is the composition of the European Council?

4.1.2. What are the functions of the European Council?

4.2. The European Commission

4.2.1. What is the composition of the European Commission?

4.2.2. What is the role of the Commission in the

decision-making process?

4.2.3. What are the other functions of the European

Commission?

4.2.4. What is the role of the Commission in external policies?

4.3. The European Parliament

4.3.1. What is the composition of the European Parliament?

4.3.2. What are the functions of the European Parliament?

4.4. The Council of Ministers

4.4.1. What is the composition of the Council?

4.4.2. What are the functions of the Council?

4.5. The Court of Justice

4.5.1 What is the composition of the Court of Justice?

4.5.2. What is the role of the Court of Justice?

4.5.3. What are the tasks of the Court of Justice?

4.6. Other institutions and bodies

4.6.1. What is the structure and what are the functions of

the European Central Bank?

4.6.2. What is the structure and what are the functions of

the Court of Auditors?

4.6.3. What is the structure and what are the functions of

the Economic and Social Committee?

4.6.4. What is the structure and what are the functions

of the Committee of the Regions?

Chapter 5: European legislation

5.1. The legislative competences of the Community

5.1.1. Why do the Member States confer legislative

competences to the EC/EU?

5.1.2. What is the meaning of the principle of subsidiarity?

5.1.3. What is the meaning of the principle of proportionality?

5.1.4. What is the status of Community law?

5.2. The Community decision-making procedure

5.2.1. What is the Community method of decision-making?

5.2.2. Why does the Commission have the initiative of

proposal?

5.2.3. How can the Commission determine the common

interest of the Member States?

5.2.4. What is the co-decision procedure of the Parliament with the Council?

5.2.5. What about the democratic deficit of the Community?

5.2.6. What is qualified majority voting in the Council?

5.2.7. What is enhanced cooperation of some Member States?

5.3. The Community legal system

5.3.1. Which are the legal acts actually used by the

European Community?

5.3.2. Which are the non-binding instruments of the ECEU?

5.3.3. Which are the legal acts proposed by the

Constitutional Treaty?

5.4. The Community financial system

5.4.1. Why does the Community need its own budget?

5.4.2. Which are the own resources of the Community?

5.4.3. Which are the budgetary authorities of the Community?

5.4.4. How is the Community budget managed and how

is controlled?

Chapter 6: The stages of integration

6.1. The customs union stage

6.1.1. What is the difference between a customs union

and a free trade area?

6.1.2. What is the customs union of the European Community?

6.1.3. What problems remained after the abolition

of customs barriers to trade?

6.1.4. How was the customs union completed?

6.1.5. What is the Common Customs Tariff?

6.1.6. What are the effects of the customs union?

6.2. The common market stage

6.2.1. What is a common market?

6.2.2. What are the four freedoms of the common market?

6.2.3. How was the free movement of goods achieved?

6.2.4. How was the free movement of persons achieved?

6.2.5. How was the freedom of establishment of persons

and companies achieved?

6.2.6. How was the free provision of services achieved?

6.2.7. How was the freedom of capital movements achieved?

6.2.8. What are the effects of the common market?

6.3. The economic and monetary union stage

6.3.1. Why did the majority of EU States want to move

to the stage of  economic and monetary union?

6.3.2. What does the economic and monetary union entail?

6.3.3. Why did some members of the EC/EU opt out of

the single currency?

6.3.4. How was the economic and monetary union prepared?

6.3.5. How was the change-over to the single currency

achieved?

6.3.6. How is the single currency governed?

6.3.7. What is the stability and growth pact?

6.3.8. How is the objective of economic convergence

pursued?

6.3.9. What are the effects of economic and monetary union?

6.3.10. How can the economic and monetary union be

further consolidated?

6.4. The political union stage

6.4.1. What is a political union?

6.4.2. What do the European Treaties provide

concerning the political union stage?

6.4.3. What is included in judicial cooperation in civil

matters?

6.4.4. What is included in judicial cooperation in criminal

matters?

6.4.5. What is meant by common foreign and security policy?

6.4.6. What is the institutional framework of the

common foreign and security policy?

6.4.7. What does the European security and defence policy

entail?

6.4.8. What does the Constitutional Treaty provide

for the common foreign and security policy?

6.4.9. Has the political union of Europe marked any progress

to date?

Chapter 7: European integration and its outlook

7.1. An appraisal of European integration

7.1.1. Is the European model of integration working?

7.1.2. What are the proofs of the success of the

European integration model?

7.1.3. What are the most important shortcomings

of European integration to date?

7.1.4. Do citizens appreciate the European integration model?

7.1.5. To what is the information deficit of European

citizens due?

7.1.6. What are the dangers of the information deficit

of European citizens?

7.1.7. Can referendums on the ratification of European

Treaties bring citizens closer to the integration process?

7.2. The outlook of European integration

7.2.1. What are the big challenges facing  the European

integration process?

7.2.2. Can European integration be expected to develop

in the future?

7.2.3. Can the European Union overcome the crisis

brought about by the rejection of the Constitution?

7.2.4. Can the European Union have a Constitution?

7.2.5. Can the governance of the Union become more

democratic?

7.2.6. Do European citizens want a common foreign

and security policy?

7.2.7. How can the foreign and security policy

become a real common policy?

7.2.8. Would the political union of Europe entail the

loss of national sovereignties for the participating states?

7.2.9. How could some Member States progress towards

their political union?

7.2.10. What would be the relations of politically

united European states with third countries?

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1st edition – October 2005ISBN: 2-930119-39-x

165 pages Paperback

25 Euros/£18/$32

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