Maastricht Treaty
When the Maastricht Treaty, the Treaty on European Union (TEU ) is called, which was signed by the European Council on 7 February 1992 in Maastricht, the Netherlands. It represents the largest ever step of European integration since the founding of the European Communities ( EC) dar. With this treaty, which came to the side of the Treaties of Rome signed in 1957, the European Union ( EU) has been used as an umbrella grouping of the European Communities, the common foreign and security policy, and cooperation in the fields of justice and home affairs founded.
Apart from the actual EU Treaty in its original version, the Maastricht Treaty also contains provisions to comprehensive amendments to the Treaties establishing the European Communities, ie the EC Treaty, the Euratom Treaty and of the then in force of the ECSC Treaty. It entered into force on 1 November 1993. The thus created legal status was changed again by the Treaty of Amsterdam on 1 May 1999.
Introduction
After negotiations that took place in Maastricht in December 1991, the contract was signed on 7 February 1992. Due to some obstacles in the process of ratification ( approval of the Danish population only in a second referendum, constitutional complaint in Germany against the parliamentary approval of the Treaty ), however, he could only come into force on 1 November 1993. He describes himself as "a new stage in the process of creating an ever closer union among the peoples of Europe".
It contains in addition to a number of amendments to the EC Treaty and the Euratom Treaty, the founding act of the European Union (see preamble to the Treaty on European Union ), without this, however, to complete itself. It was - as well as the development of the EC - a first sub-step on the way towards a final EU constitution, to replace the EU treaties later.
The hereby created European Union does not replace the European Communities (Article 47 TEU), but provides them with the new " policies and forms of cooperation " (Article 2 TEU) under one roof. Together with other elements form the European Communities, the three pillars of the European Union:
- The European Communities
- Cooperation in foreign and security policy ( CFSP),
- The Police and judicial cooperation in criminal matters ( PJCC ).
Temporal classification
Content of the contract
Monetary and Economic Union
In the center of the Treaty preclude changes of the EC Treaty, are inserted into the particular provisions for the creation of the European Economic and Monetary Union in three stages. According to the contract text a common currency ( Euro ) should be imposed no earlier than 1 January 1997, at the latest on 1 January 1999 in the EU. For a country can participate in the monetary union, it must meet certain economic criteria ( the EU convergence criteria, also known as the Maastricht criteria) meet, by which the stability of the common currency to be backed up. Here are criteria to ensure budgetary, price level, interest rate and exchange rate stability. The criterion of the Financial Stability ( deficit ratio below 3% and debt ratio below 60% of GDP) has been designed as a permanent criterion (the Stability and Growth Pact), the other criteria must meet Member States only before the euro introduction.
The contract stipulated that countries that meet the convergence criteria ( has to decide what the Council of Ministers ), must join the euro after this time. Only the UK and Denmark reserved the right to decide about joining the monetary union (so-called opting out ).
The euro was introduced on 1 January 1999 as an accounting currency ( on 1 January 2002 as cash ); from 1 January 1999, the exchange rates between the participating currencies were fixed. Despite concerns and Greece in 2001 was included in the euro area.
Common Foreign and Security Policy
The previous European Political Cooperation (EPC ) is replaced by the Treaty of Maastricht through the Common Foreign and Security Policy ( CFSP). Although the CFSP is a pillar of the EU, the decisions remain ultimately in the hands of nation states. Therefore the unanimity principle applies to most decisions.
Citizenship of the Union
With the Treaty of Maastricht, the European Citizenship was established. It does not replace the citizenship but complements. Citizenship of the Union, everyone who holds the citizenship of one of the EU countries. The consumer is thus among other things a residence throughout the Union to vote and stand for local law, and the right to the European Parliament regardless of citizenship throughout the EU to choose each on residency. They were also given the right to petition the European Parliament, where for this purpose a Committee on Petitions was established. As contact the Office of the Ombudsman was established.
Democratization
Another innovation is the introduction of the codecision procedure. For the European Parliament was made in some areas on the same level as the Council of Ministers. In addition, for the first time the European political parties were recognized contract, which enabled the financing of European party alliances from EU funds.
In addition, the Office of the Ombudsman was created and established a right to petition for all EU citizens in the European Parliament.
Furthermore, the establishment of the Committee of the Regions was decided that should guarantee an adequate representation of the regions, such as in Germany the federal states.
Cooperation in domestic and legal policy
In addition, the contract to improve cooperation in the field of justice and home affairs was decided. As with the second pillar, the Common Foreign and Security Policy, but remained largely retained in this area, the principle of unanimity. For the better coordination of police cooperation, the European police agency Europol was established.
Protocol on Social Policy
The Maastricht Treaty were ( excluding the UK ) attached, were created with the extended Community competence, in particular for setting core labor standards and promoting the social dialogue at Community level, a Protocol on social policy and an agreement between eleven of the then Member States. Great Britain had spoken only Member State against this ( relatively small ) step towards deeper integration in the field of social policy and inclusion in the contract blocked, so that the other Member States chose this integration policy intermediate step.
The Maastricht Protocol on Social Policy and Social Agreement is thus a good example of a policy of gradual integration ( two-speed Europe ). , In which not all integration steps at the same time must be completed by all Member States 1997 Great Britain was under the newly elected government of Tony Blair on his opposition to an in-depth Community social policy, so that the text of the Social Agreement could be taken up by the Treaty of Amsterdam Article 137 et seq in the EC Treaty. The first law, which has been accepted by the social dialogue, the Directive 96/34/EC on parental leave.
Others
- With the Treaty of Maastricht, the European institutions and responsibilities were for the first time in the field of culture (then Article 128 of the Treaty, since the Treaty of Nice, Article 151 of the EC Treaty). The later programs Raphael, Ariane and Kaleidoscope and the Culture 2000 framework program have their legal basis here.
- The so-called Maastricht judgment of the German Federal Constitutional Court (BVerfGE 89, 155 ) of 12 October 1993 addressed the concluded contract. The court approved the agreement as its with the Basic Law, however, made the German legislature met for the implementation with regard to the democratic legitimacy of the association of states.