Single European Act

In 1985, the Milan European Council decided in a dramatic struggle vote by a majority of seven to three an Intergovernmental Conference to consider the powers of the institutions of the Community to new areas and the creation of an internal market with the aim of a supplementary agreement to the Treaties (ECSC, EEC and Euratom to give ) and a contractual basis for the existing European Political cooperation (EPC ) in order. On 17 February 1986 this Amendment Agreement in Luxembourg of a total of nine of the past twelve Member States (Belgium, Germany, France, Ireland, Luxembourg, Netherlands, Portugal, Spain, United Kingdom) was signed. The other three Member States (Denmark, Greece, Italy) followed on 28 February, having previously held another referendum on the signing, in Denmark. The Single European Act (SEA) represented the first specific reform treaty, the later the treaties of Maastricht, Amsterdam, Nice and Lisbon followed. It meant the provisional closure of several years of debate on reform. The Single European Act, the contracts for the EC were amended and supplemented, it was not created Union. The European Union ( EU) continued to be mentioned as an objective of development. The SEA came into force on 1 July 1987, previously had on 25 June 1987 with the Republic of Ireland, the last of the twelve Member States have ratified the Act. By means of the concept of art Single European Act combines the EEA as international treaty two different issues:

  • Agreement on a European Political Cooperation (EPC )
  • Act in particular with respect to amending the Treaty establishing the European Economic Community the decision-making processes in the Council;
  • The powers of the Commission;
  • Parliament's powers;
  • The extension of the powers (so-called responsibilities / competences of the policies) of the communities.

Furthermore, for the first time at least twice annual meeting of the European Council agreed (Art. 2 EEA).

Structure of the EEA

The SEA identified thus a so-called dual function. Once she is as statutory contract which in ex Article 236 of the EEC Treaty, formerly Article 204 of the EAEC Treaty and ex Article 96 ECSC - V proposed agreement between the Member States to amend the Treaties establishing dar. Second, the EEA also a classic international agreement between the Member States on European cooperation in foreign policy. The EEA consists of a preamble and four titles - it sets according Final Act a number of explanations:

  • Preamble
  • Title I: Common provisions (Articles 1-3)
  • Title II: Provisions amending the Treaties establishing the European Communities (Article 4-29 ) Chapter I: Provisions amending the Treaty establishing the European Coal and Steel Community ( Art. 4-5)
  • Chapter II: Provisions amending the Treaty establishing the European Economic Community (Art. 6-25 ) Section I: Provisions relating to the organs (Art. 6-12)
  • Section II: Provisions on the basics and the Politics of Community (Art. 13-25 ) Subsection I: internal market ( Art. 13-19 )
  • Sub-section II: Monetary powers (Art. 20)
  • Subsection III: social policy ( Art. 21)
  • Subsection IV: Economic and social cohesion ( Article 23)
  • Under Section V: Research and technological development ( Article 24)
  • Subsection VI: Environment ( Art. 25)
  • Declarations adopted No. ( 1-11)
  • Attached, taken note of statements Nos (1-9)

The agreement for closer cooperation in foreign policy presented then the crucial precursor for the recording of the CFSP in the newly established EU Treaty by the Treaty of Maastricht dar. The EEA is, as well as later changes by the ( subsequent ) reform treaties (Maastricht, Amsterdam, Nice and Lisbon ) by no means sufficient to read but requires the addition of a consolidated version of the text, in which the individual changes are incorporated into the contracts.

Temporal classification

The main stages until the signing of the EEA

In the aftermath of the Tindemans report on European Union (1975 ) with an overall design for the consolidation and future direction and development of the EU a more sustained discussion and proposal phase was formed. Increased pressure of problems, caused by internal difficulties and external challenges, led from 1980 to intensive efforts to reform the EC and thus also to the establishment of the European Union.

  • Solemn Declaration of Stuttgart of 19 June 1983

This text, which has been prepared on the basis of the plan of the German Foreign Minister Hans -Dietrich Genscher and his Italian counterpart, Emilio Colombo, accompanied by declarations by the Member States on the objectives to be achieved in the areas of inter-institutional relations, community and cooperation responsibilities. The Heads of State and Government undertake to review the progress made in these areas and, where appropriate, incorporated into a contract for the European Union.

  • Draft Treaty establishing the European Union ( 1984)

On the initiative of the Italian deputies Spinelli, a Parliamentary Committee on Institutional Affairs is formed, with the aim of drafting a treaty replacing the existing communities by the European Union. The European Parliament adopted the draft agreement on 14 February 1984.

  • Fontainebleau European Council of 25-26. June 1984

On the basis of the draft contract of Parliament examined an ad hoc committee composed of personal representatives of the Heads of State and Government and chaired by the Irish senator Dooge the institutional issues. The report of the Dooge Committee calls on the European Council to convene an intergovernmental conference to negotiate a Treaty on European Union.

  • The White Paper on the Single Market in 1985

On the initiative of its President Jacques Delors, the Commission published a White Paper in the 300 ( later reduced to 282 ) for the completion of the internal market necessary legislative measures are listed. The White Paper sets out a timetable and proposed a deadline for the completion of the internal market on 31 December 1992. This program was approved at the Milan Summit (1985 ) from the then still existing from 10 Member States Community Council.

The stated objectives of the IGC

The European Council in Milan on 28-29. June 1985 finally proposes to convene an intergovernmental conference on the following topics:

  • Completion of the internal market by 1 January 1993
  • Strengthening the role of the European Parliament to eliminate the democratic deficit in the EU decision-making system,
  • Improvement of a quorum of the Council ( partially revised voting procedures, see, u )
  • Formation of an overall organization, in the form of European Political Cooperation (EPC )

The results of the SEA

Opened under the Luxembourg Presidency on September 9, 1985 IGC will be terminated in The Hague on 28 February 1986 with the following results:

  • Affirmation of the will to creation of the European Union (Preamble and Article 1 EIO );
  • Completion of the internal market by 31 December 1992, in which decisions are to be made in future in the field of internal market policies usually as majority voting;
  • Alignment of economic and monetary co-operation on the convergence objective;
  • Extending the functions of the areas ( policies ) Research and technology, environment and social policy
  • Achievement of economic and social cohesion through a new concept for the use of the Structural Funds and financial instruments of the EC;
  • Strengthening the role of the European Parliament to eliminate the democratic deficit in the EU decision-making system,
  • Improvement of a quorum of the Council ( partially revised voting procedures, see, u )
  • The European Political Cooperation (EPC ) will be provided on a contractual basis.

An Economic and Monetary Union was not (yet) built. The decision mode (unanimity) in the Council remains, with the exception of the matter internal market, substantially unchanged. Furthermore, there was a change in the Rules of Procedure of the Council, with a vote in the Council can now take place on the initiative of its President, at the request of the Commission or a Member State.

With the EEA, the powers of the European Parliament have been slightly strengthened, as of now is required to give its assent to enlargement and association agreements between the Community. In the legislative area, the EP received a genuine, albeit limited legislative power by the cooperation procedure between the EP and the Council. Above all, it was an important intermediate step to get out of the parliament from 1993 (the Maastricht Treaty ) by the co-decision procedure (ex Article 189b of the EEC Treaty ) to make an equal co-legislator, who usually stands on a par with the Council (Art. 251 of the EC Treaty as amended by the Treaty of Nice ), see current Article 294 TFEU.

The results in detail

Title I: Common provisions (Articles 1-3)

In Article 1 of the EEA European Communities and the EPC are called, both as a means to contribute together to making concrete progress towards the European Union. For the EPZ are expressly qualified in the reports of Luxembourg (1970 ), Copenhagen ( 1973) and London ( 1981) and the Solemn Declaration on European Union ( 1983) agreed procedures and practices that have evolved gradually between Member States. Article 2 SEA determines the composition of the European Council, the support of the Secretary of State and one of the commissioners, and the annual number of meetings. For the powers of the institutions / bodies Article 3 EEA points depending of respective competence / jurisdiction to the rules of the Community Treaties or the EPC.

Title II: Provisions amending the Treaties establishing the European Communities (Article 4-29 )

Chapters I and III contain few changes (Art. 4-5, 26-27 EEA) for proceedings before the Court of the ECSC and EAEC.

The emphasis is on the chapter II with the changes to the EEC. Section I contains new provisions for work ( skills) of the institutions: Article 6 EEA determines the changes to the method of cooperation ( between the Council and EP), Article 7 EEA changed the decision competence of the Council. In Articles 8 and 9 EEA, the process of accession is modified. Article 10 SEA extends the regulation of the transfer of the Commission's implementing the acts powers. Articles 11 and 12 EEA contain identical provisions to the EEC, as described in Chapter I to the ECSC and EAEC III.

Section II then captured the decisive and pioneering changes in the policies of the Community.

  • For the creation of the internal market, the unanimity of the decision finding was replaced by a majoritarian voting system in matters of the internal market ( Art. 13-19 EEA).
  • These changes were extended to the Common Customs Tariff, free movement of services, free movement of capital and the common sea and air transport policy (Article 16 EEA).
  • Monetary capacity for the purpose of compliance with the convergence of the economies of the Member States (Article 20 EEA).
  • Expansion in social policy (Art. 21-22 EEA).
  • New policies: economic and social cohesion; Research and technological development; Environment (Art. 23-25 ​​EEA).

This extension of powers following the way ( the neofunktionalistischen integration theory is that ) usually perceived constraints that resulted from the previous integration steps (so-called spill-over effect). After this leads sectoral integration to integration of more and more sectors, ideally, eventually leading to end-stage general political federation.

Title III: Treaty provisions on the European cooperation in foreign policy ( Art. 30)

Since the Summit of The Hague (1969 ) the agreement was a four-time foreign ministers' meeting per year. Article 30 EEA presented the EPZ now on a contractual basis. Thereafter, the Member States undertook to jointly elaborate a European foreign policy and to realize (Art. 30 I SEA). Part of this agreement were in accordance with Article 30 II - XII EEA, among others

  • Mutual briefings and consultations,
  • Especially before individual Member States in their sovereign foreign policy set on their final position,
  • Into account the views of the other partners in the individual opinions and national measures
  • Ensure the progressive development and adoption of common principles,
  • Avoid any action or position, the effectiveness of the European Communities would harm as a cohesive force in international relations or in international organizations,
  • Regular meetings between the Foreign Minister and a member of the Commission ( at least four times a year ) in the framework of the EPC,
  • Commission's involvement in the work of the EPC in its full extent,
  • Obligation to the extent possible, to hinder the formation of a consensus to adopt common positions quickly and carry out joint actions;
  • Involvement of the European Parliament by providing regular information,
  • Care of the consistency of the external policies of the European Communities and the agreed within the EPZ policies,
  • Political dialogues with third countries and regional groups.

Parallel Activities: The most important of the 282 concrete measures

The SEA thus laid the foundation for accelerated harmonization through legislative alignment means 282 guidelines that simplifies now in the Council by a qualified majority came about. This program is based on a so-called Delors package, which in Strasbourg presented the Commission President a week after taking office in January 1985 before the EP in his inaugural speech. Delors presented at the beginning of a sentence in the question: " Is it presumptuous to announce the decision and then perform to 1992 repeal all intra-Community frontiers? " In the following years, a variety of acts for the manufacture of domestic market conditions was adopted:

  • Discontinuation of people and goods checks at the Community's internal borders (eg moving controls in the production, standardization of veterinary legislation )
  • Mutual recognition of numerous product standards and food standards and their harmonization
  • Elimination of tax barriers formed by different value added tax and excise duty
  • EC -wide opening of public procurement markets ( for government contracts from 10 million DM)
  • Far-reaching market opening and liberalization (eg insurance and transport)
  • Elimination of state monopolies ( eg post )
Common Foreign and Security Policy Merger Treaty Neofunctionalism Enlargement of the European Union Treaty of Accession 2003
299098
de