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Supranationalism is a method of decision-making in multi-national political communities, wherein power is transferred or delegated to an authority by governments of member states. The authority, subject to supranational democratic institutions and with a legal procedure can therefore institute a supranational rule of law above (supra) the constituent national legal order but subject to the same principles such as Human Rights and fundamental freedoms. This supranational legal order first saw light in the European Coal and Steel Community. The Council of Europe created a system based on Human Rights in its founding Statute and its Convention of Human Rights and Fundamental Freedoms. Robert Schuman, French Foreign minister, initiated the debate on supranational democracy in his speeches at the United Nations,[1] at the signing of the Council's Statutes and at a series of other speeches across Europe and North America.[2]

Because decisions in some supranational structures are taken by majority votes, it is possible for a member-state in those unions to be obliged by the other member-states to implement a decision. These decisions may include those that governments believe to be right but are reluctant to do so because of powerful, anti-democratic interests within their own country. This possibility arises because the States (through an internal democratic process) have earlier agreed to the process that some inter-State decisions in a specific sector should be subject to such democratic control.

The States retain the competence for adding this additional supranational competence. They also are responsible for it and the democratic legitimacy. (Kompetenz-Kompetenz). This includes referendums for the treaties implementing both supranational and other treaties. Supranational treaties by their nature require a higher degree of democratic assent.

Unlike states in a federal super-state, member states retain nominal sovereignty, although some sovereignty is shared with, or ceded to, the supranational body. Supranational agreements encourage stability and trust, because governments cannot break international accords at a whim. The supranational action may be time-limited. This was the case with the European Coal and Steel Community, which was agreed for 50 years with the possibility of renewal. Supranational accords may be permanent, such as an agreement to outlaw war between the partners. Full sovereignty can be reclaimed by withdrawing from the supranational arrangements but the member state would also lose the great advantages offered by mutualities, economies of scale, common external tariffs and other commonly agreed standards such as improved international trust and democracy and common external positions. The Council of Europe has suspended membership when States are taken over by dictatorships.

A supranational authority, by definition, can have some independence from member state governments in specific areas, although not as much independence as with a federal government. Supranational institutions, like federal governments, imply the possibility of pursuing agendas in ways that the delegating states did not initially envision. Democratic supranational Communities, however, are defined by treaty and by law. Their activity is controlled by a Court, democratic institutions and the rule of law.

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Origin as a legal concept

The term 'supranational' occurs in an international treaty for the first time (twice) in the Treaty of Paris, 18 April 1951. This new legal term defined the Community method in creating the European Coal and Steel Community and the beginning of the democratic re-organization of Europe. The term 'supranational' is sometimes used in a loose, undefined sense in other contexts, sometimes as a substitute for international, transnational or global. In the treaty it relates to an innovatory democratic and legal concept.

Another method of decision-making in international organizations is intergovernmentalism, in which state governments play a more prominent role.

The Founding Fathers of the European Community and the present European Union said that supranationalism was the cornerstone of the governmental system.

They signed a Europe Declaration at the time of the EU's founding Treaty of Paris on 18 April 1951. It said:

' By the signature of this Treaty, the participating Parties give proof of their determination to create the first supranational institution and that thus they are laying the true foundation of an organised Europe. This Europe remains open to all nations. We profoundly hope that other nations will join us in our common endeavour. '

This declaration of principles that included their judgement for the necessary future developments was signed by Konrad Adenauer (West Germany), Paul van Zeeland, Joseph Meurice (Belgium) Robert Schuman (France) Count Sforza (Italy) Joseph Bech (Luxembourg) and Dirk Stikker, J. R. M. van den Brink (The Netherlands). It was made to recall future generations to their historic duty of uniting Europe based on liberty and democracy under the rule of law. Thus they viewed the creation of a wider and deeper Europe as intimately bound to the healthy development of the supranational or Community system.[3]

Supranationalism in the European Union

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Historically the concept was introduced and made a concrete reality by Robert Schuman when the French Government agreed to the principle in the Schuman Declaration and accepted the Schuman Plan confined to specific sectors of vital interest of peace and war. Thus commenced the European Community system beginning with the European Coal and Steel Community. The six founder States, (France, Italy, Germany, The Netherlands, Belgium, Luxembourg) agreed on the goal; making 'war not only unthinkable but materially impossible'. They agreed about the means: putting the vital interests, namely coal and steel production, under a common High Authority, subject to common democratic and legal institutions. They agreed on the European rule of law and a new democratic procedure.

The five institutions (besides the High Authority) were a Consultative Committee (a chamber representing civil society interests of enterprises, workers and consumers), a parliament, and a Council of government ministers. A Court of Justice would decide disputes coming from governments, public or private enterprises, consumer groups, any other group interests or even an individual. A complaint could be lodged in a local tribunal or national courts, where appropriate. Member States have yet to fulfill and develop the articles in the Paris and Rome treaties for full democracy in the European Parliament and other institutions such as the Economic and Social Committee and the Committee of Regions.

Schuman described supranational unions as a new stage in human development. It contrasted with destructive nationalisms of the nineteenth and twentieth centuries that began in a glorious patriotism and ended in wars.[4] He traced the beginning concept of supranationality back to the nineteenth century, such as the Postal Union, and the term supranational is used around the time of the first world war. Democracy, which he defined as 'in the service of the people and acting in agreement with it,' was a fundamental part of a supranational community. This is a higher quality of democracy than previously conceived, even by the definition of Abraham Lincoln. However, governments only began to hold direct elections to the European Parliament in 1979, and then not according to the treaties. A single electoral statute was specified in the treaty for Europe's first community of coal and steel in 1951. Civil society (largely non-political) was to have its own elected chamber in the Consultative Committees specific to each Community as democratically agreed, but the process was frozen (as were Europe's parliamentary elections) by Charles de Gaulle and other politicians who opposed the Community method.

Today supranationalism only exists in the two European Communities inside the EU: the Economic Community (often called the European Community although it does not legally cover all State activities) and Euratom (the European Atomic Energy Community, a non-proliferation community, in which certain potentialities have been frozen or blocked.) Supranational Communities provide powerful but generally unexploited and innovatory means for democratic foreign policy, by mobilizing civil society to the democratically agreed goals of the Community.

The first Community of Coal and Steel was agreed only for fifty years. Opposition, mainly by enterprises which had to pay a small European tax of less than one percent and government ministers in the Council, led to its democratic mandate not being renewed. Its jurisprudence and heritage remains part of the European Community system.

De Gaulle attempted to turn the European Commission into a political secretariat under his control in the Fouchet Plan but this move was thwarted by such democrats in the Benelux countries as Paul-Henri Spaak, Joseph Luns and Joseph Bech as well as a large wave of other pro-Europeans in all the Community countries.

The supranational Community method came under attack not only by de Gaulle but other nationalists and Communists. In the post-de Gaulle period, rather than holding pan-European elections under a single statute as specified in all the treaties, governments held and continue to hold separate national elections for the European Parliament. These often favor the major parties and discriminate against smaller, regional parties [5]. Rather than granting elections to organized civil society in the consultative committees, governments created a three pillar system under the Amsterdam Treaty and Maastricht Treaty, mixing intergovernmental and supranational systems. Two pillars governing External policy and Justice and Home affairs are not subject to the same democratic controls as the Community system.

In the Lisbon Treaty and the earlier nearly identical Constitutional Treaty, the democratic independence of the five key institutions is further breached and blurred. This moves the project from a full democratic supranationalism into the direction, not only of intergovernmentalism but the politicization of the institutions and control by two or three major party political organizations. The Commission defines key legal aspects of the supranational system because its members are to be independent not only of commercial, labour, consumer, political or lobby interests (Article 9 of the Paris Treaty). The Commission was to be composed of a small number of experienced personalities, whose impartiality was beyond question. As such the early presidents of the Commission and the High Authority were strong defenders of European democracy against national, autocratic practice or the rule of the strong over the weak.

The idea in the Constitutional and Lisbon Treaties is to run the European Commission as a political office. Governments would prefer to have a national member in the Commission, although this is against the principle of supranational democracy. (The original concept was that the Commission should act as a single impartial college of independent, experienced personalities having public confidence. One of the Communities was defined in the treaty with a Commission with less members than the number of its Member States.) Thus the members of the Commission are becoming predominantly party political, and composed of sometimes rejected, disgraced or unwanted national politicians.

The first president of the High Authority was Jean Monnet who never joined a political party, as was the case with most of the other members of the Commissions. They came from diverse liberal professions, having made recognized European contributions.

Governments also wish to retain the secrecy of their deliberations in the Council of Ministers or the European Council, which discusses matters of the most vital interest to European citizens. While some institutions such as the European Parliament have their debates open to the public, others such as the Council of Ministers and numerous committees are not. Schuman wrote in his book, 'Pour l'Europe' [6] (For Europe) that in a democratic supranational Community the Councils, committees and other organs should be placed under the control of public opinion that was effectual without paralyzing their activity nor useful initiatives.

Comparisons EU and USA

In the upcoming Lisbon Treaty the distribution of competences in various policy areas between Member States and the European union is redistributed in 3 categories. In 19 century USA, it had exclusive competences only(changed somewhat since then, but the basic design remain to this day). Competences not explicitly listed belong to lower levels of governance.

EU exclusive competence
The Union has exclusive competence to make directives and conclude international agreements when provided for in a Union legislative act.
  • the customs union
  • the establishing of the competition rules necessary for the functioning of the internal market
  • monetary policy for the Member States whose currency is the euro
  • the conservation of marine biological resources under the common fisheries policy
  • common commercial (trade) policy
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EU shared competence
Member States cannot exercise competence in areas where the Union has done so.
  • the internal market
  • social policy, for the aspects defined in this Treaty
  • economic, social and territorial cohesion
  • agriculture and fisheries, excluding the conservation of marine biological resources
  • environment
  • consumer protection
  • transport
  • trans-European networks
  • energy
  • the area of freedom, security and justice
  • common safety concerns in public health matters, for the aspects defined in this Treaty
  • Common Foreign and Security Policy
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EU supporting competence
The Union can carry out actions to support, coordinate or supplement Member States' actions.
  • the protection and improvement of human health
  • industry
  • culture
  • tourism
  • education, youth, sport and vocational training
  • civil protection (disaster prevention)
  • administrative cooperation
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USA exclusive competence
USA federal government in the 19th century.[7]
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Categorising European supranationalism

Joseph H. H. Weiler, in his seminal work "The Dual Character of Supranationalism," states that there are two main facets to European supranationalism, although these seem to be true of many supranational systems. These are:

  • Normative supranationalism: The Relationships and hierarchy which exist between Community policies and legal measures on one hand and the competing policies and legal measures of the Member states on the other. (The Executive Dimension)
  • Decisional supranationalism: The institutional framework and decision making by which such measures are initiated, debated, formulated, promulgated and, finally, executed. (The Legislative-Judicial Dimension)

In many ways, the split sees the separation of powers confined to merely two branches.

See also

References

  1. ^ Schuman's speeches at the United Nations 1948. 1949 ,
  2. ^ Schuman's May 1949 speech at Strasbourg calling for a supranational union for Europe
  3. ^ Der Schuman Plan. Vertrag ueber die Gruendung der europaeischen Gemeinschaft fuer Kohl und Stahl, p21 Ulrich Sahm mit einem Vorwort von Walter Hallstein. Frankfurt 1951. Schuman or Monnet? The real Architect of Europe. Robert Schuman's speeches and texts on the origin, purpose and future of Europe p 129. Bron 2004
  4. ^ Schuman, Robert. [Pour l'Europe] Paris, 1963
  5. ^ European Parliament study, The European Elections, EU legislation, national provisions and civic participation
  6. ^ Pour l'Europe, page 146
  7. ^ Lowi, T. The End of the Republican Era (ISBN 0-8061-2887-9), University of Oklahoma Press, 1995-2006. p. 6.







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