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Formation and development of an institutional system of the European Union (1960 beginning of the 1990th)



UDK 94 (41/99)

FORMATION AND DEVELOPMENT of the INSTITUTIONAL SYSTEM of the EUROPEAN UNION (1960 - the BEGINNING of 1990-X)

Article is devoted to consideration of a problem of formation and development of institutes of the EU in 1960 — the beginning of the 1990th of the 20th century. Institutional reform of the Union became one of necessary conditions of successful expansion and continues to remain one of the leading subjects of the agenda of the EU today. Basic changes in the world after World War II led to integration processes in Europe. But over time deepening and expansion of spheres of economic integration demanded more and more accurate regimentation of mechanisms of interaction of the relevant institutes for functioning of again formed structures (European Coal and Steel Community, the European Economic Community and the European community of atomic energy). In a new way the problem of an institutional system of the Union in the context of expansion of powers and changes of procedures for the purpose of maintaining controllability of the EU in new structure began to sound. In this regard results of activity of associations in many respects depended on management and functioning of institutes of Communities.

And. Item BERESNEV

university

e-mail: beresnev15@mail.ru

The idea of the united Europe consign the roots to the deep past; modern integration trends originate in events of the first post-war years, and development of uniform Europe certainly is the most large-scale social process of the second half of the XX century. Are devoted to a research of this problem and assessment of possible consequences a set of scientific works, however this topic remains still hot. Process of integration of the European states became more and more complex and difficult. Became obvious that the European countries having a long story of national statehood are not inclined to federal structure of the continent about which many humanists of the past spoke — from the Dominican monk Pierre Dubois in the XIV century to Pierre-Joseph Proudon in XIX-m1. As they do not hurry and to refuse the national peculiarities for the sake of transformation into uniform community what spoke at the beginning of XX veka2 much about. For this reason the most important milestones of the early period of integration — from the European trade and Customs union which did not leave noticeable marks to European Coal and Steel Community of 1951 and the European Economic Community of 1957 — belong 1926 to the economic sphere whereas in a political sphere even at the most dramatic moments it was not possible to reach impressive break (to enough remember refusal of the French National assembly to ratify the contract on creation of European Defe^e Community in 1954) 3. Thus, economic integration at an extent of a number of post-war decades defined all development of the all-European project.

1 Swann D. The Economics of Europe. From Common Market to European Union. 9th ed. London, 2000. P. 1-2.
2 Holmes M., Pentecost E. The Rise and Decline of US International Monetary Hegemony//Slater D., Taylor P.J. (eds.). The American Century. Consensus and Coercion in the Projection of American Power. Oxford, Malden (Ma.), 1999. P. 129.
3 Gerbert P. La construction de l&Europe. Paris, 1999. P. 33.

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In May, 1951 the government of France took the official initiative of convocation of an intergovernmental conference for the solution of a question of creation of integration education in the sphere of economy. The document, known as "Robert Schuman's Declaration" (by name the French foreign minister of that time), offered integration of the steel and coal industry of participants of the organization. Authors of the project provided transfer of the sovereign rights to its institutes in the field of management of the most important branches of the heavy industry which traditionally were considered as fundamentals of national economy. The detailed plan of creation of new association was developed by the eminent political and public figure of France Jean Monnet whom practically all researchers unanimously consider the chief architect of the European integration. Representatives of six states — France, Benelux countries (Belgium, the Netherlands, Luxembourg), Italy and Germany participated in a constituent conference. Despite distinction of political interests of participants and quite sharp disagreements, finally the compromise document was developed and the Constitutive treaty of European Coal and Steel Community (ECSC) is signed. Institutional, economic, financial and social parameters of activity of ECSC were determined.

At the same time persistent efforts on the economic direction were crowned with success. In 1957 in Rome the same six states signed two constitutive acts which played especially important role in development of process of integration and its legal registration. It is the Constitutive treaty of the European Economic Community (EEC) and the Constitutive treaty of European Atomic Energy Community (Evrat). These constitutive acts and, first of all, the Contract on EEC became the main legal basis of emergence of new integration law and order. With creation of Communities their institutional structure was approved, promoting deepening of integration processes which played then the major role in formation and development of the European Union.

The Western European integration took place a number of stages and phases which maintenance was predetermined as the general and strategic requirements of development of Communities, and specifically economic, political and social conditions developing both on the continent and in mire4.

In our opinion, it is necessary to allocate the next periods in historical process of institutional development of the European Union:

— the first period (6o-80-e). This stage is characterized by process of formation and development of an institutional system of the EU.

— the second period (8o-90-e). Penultimate decade of the XX century was marked by the first attempts of radical reformation of institutes of Communities.

Development of the European integration into the 1960th — the 1980th

Formed in the 1950th. The European communities were the organizations which set before themselves the uniform purposes, included the same countries of Europe and worked, by and large, in the same sphere of public life.

The first years showed inexpediency of parallel existence of three separate systems of their governing bodies (institutes) as they were suited very similarly.

Partially this problem was solved at the conclusion of the Roman contracts of 1957. For the time they really carried innovative harakter5. After a while after World War II of the country, the signed contracts, managed to show political will that, having overcome past cargo, to develop solidary strategy of cooperation and integratsii6. Signed and come into force

4 Right of the European Union. M, 2006. Page 33.
5 Introduction to the right of the European Union / Edition S.Yu. Kashkin. M, 2006. Page 27.
6 [Electronic resource]. Access mode: http://www.timesonline.co.uk/tol/comment/columnists/guest_contributors/article1563806.ece

the additional agreement — the Convention on some general institutes — provided merge of two institutes of Communities and formation of the general Court and general Assembly.

With establishment of three communities there was a question of the system of institutes. Both in EEC, and in Evratom the governing bodies which are almost repeating those which were in ECSC were created. Existence of parallel institutes in EEC and Evratom was recognized as inexpedient what it was stated already in the Convention on some general institutes of the European communities adopted in Rome in March, 1957. However the taken measure had vague character. Seeking for restriction of their number, similar tasks, responsible for the decision, six founders agreed only that the Assembly (parliament) and Court will be only for all three communities. Other governing bodies created by the Roman contracts became the same general, but only for two communities — EEC and Evratoma. As for ECSC, in it, only the supreme governing body and Sovet7 for a certain time remained.

When in 1958 EEC and Evrat got to the work, their representative and judicial bodies began to function as bodies of all three Communities.

At the same time two main political institutes remained different with all Communities: the Supreme body of ECSC continued independent work, in parallel with it the mission of EEC and Evratom's Commission functioned; similarly three different Councils carried out activity.

This practice was completed in the mid-sixties with on April 8, 1965 in Brussels was signed, and in 1967 the Constitutive treaty of unified commission and uniform Council of the European communities known under the unofficial name Contract about sliyanii8 came into force.

The contents of this document reflect its heading: instead of two Commissions (EEC and Evratoma) and the Supreme body of ECSC the Commission of the European communities is formed, uniform Council is created by the same way.

After the Contract on merge three Communities, in fact, are the uniform organization managed by the general principal organs (institutes), therefore, the same people. Depending on a subject and category of the question Council, Commission, Assembly and Court Contracts on the EU are guided by standards of the Contract on Evratom (for decisions on nuclear power) or, most often, (for all other questions). The same concerned also standards of the Contract on ECSC (if a subject — the sphere of coal and steel) when this agreement was in sile9.

The European integration developed in this period in the conditions characterized rises, recessions in the Western European and world economy. Besides, member states were extremely careful concerning supranational lines of communities, advocating the own interests when choosing solutions and specific objectives.

Undoubtedly, the most important event of this period is the realization of the idea of direct elections to Assembly of Communities enshrined in the Act of direct elections of 1976. Since 1979. The assembly of Communities (European Parliament) is elected directly by the population of member states.

In 1974 the name gets the European Council existing before in the form of the irregular summits of heads of states of the governments of member states of Communities. In 1977 its activity is made out by the London declaration on the European veto. Council is given the status of a permanent interstate conference at Communities.

7 Right of the European Union. Page 33.
8 Introduction to the right of the European Union. Page 28.
9 In the same place. Page 28.

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Thus, during this period of time of community changed not only in a quantitative sense. High-quality changes — legal became much more significant. They affected both the mechanism of communities, and many parties of their activity. In the 70th years the revision of the financial conditions enshrined in foundation agreements was carried out, result became:

— the upgraded budgetary procedure,

— increase in a role of European Parliament in the budgetary policy of communities,

— coverage Customs union of the territory of new member states,

— creation of the European Investment Bank,

— in the late seventies by steps by training European currency sistemy10 began to be taken.

Development of the European integration in the 1980-90th

By the beginning of the 80th. The community was in crisis and it was not clear whether it will be able to overcome difficulties and to reach the political union. Attempts to overcome crisis were made at two levels at once:

— in November, 1981 the Minister of Foreign Affairs of Germany Hans-Dietrich Genscher and the prime minister of Italy E. Colombo prepared the draft of the new document which assumed further reforms in institutional sfere11. This project assumed close interaction of the European Communities, the European Parliament and the European political cooperation for creation European soyuza12. At a meeting of heads of states in Athens in December, 1983 no significant results in the course of the movement to the European Union were also achieved. Many political figures then counted the Athenian meeting bezrezultatnoy13. The Minister of Foreign Affairs of Germany Gensher and the chairman of the Commission Thorn, wishing to save situation, supported implementation of the basic principles of the plan of Gensher — Colombo: vote by a majority vote and granting big rights to Parliament. Their attempts found full support in the ranks of European parlamentariyev14. It is known that the European Parliament insisted on carrying out more than once in life of such decisions which were not popular with the national governments. And often it happened and despite the fact that its rights were too limited.

— in 1984 the group of deputies of the European Parliament under the leadership of A. Spinelli developed the first draft agreement on the European Union. Basic provisions of that document is later than steel base for creation of both the Uniform European act, and the Maastricht Treaty.

In February, 1984 the European Parliament approved the draft agreement on the Union by 237 voices pro, 31 — contra at 43 refrained.

As for the draft agreement of European Parliament of 1984, it included two areas: maintenance of policy of the Union and change of the institutional nature of the Union. Article 14-33 was provided by restriction of powers of Council of ministers and strengthening of a role of the Commission and European Parliament. It was in the long term planned to cancel the veto of Council of ministers. Article 12 of the contract provided the exclusive rights peculiar only to the Union; competing, characterized by functioning at national and supranational level; potential powers of the Union which that could get.

Signing in 1986 became the central event of the 1980th. Uniform European Act (UEA). This contract has two dates of signing. At first on February 17, 1986 because of the arisen disagreements to conferences in Luxembourg it was subscribed

10 Right of the European Union. Page 35.
11 [Electronic resource]. Access mode: http://www.obrafoøm.ш/Hb/bookз/chapterl0.htm
12 O. Vitvitskaya, Gornig G. Pravo of the European Union. SPb., 2005. Page 28.
13 L.A. Medvedev, A.A. Sindeev. History of the Western European integration (40-90th years of the 20th century): Creation of the European Union. the 80-90th years. Tver, 1999. Page 5.
14 In the same place.

only 9 of 12 member states, others three (Greece, Denmark and Italy) appended the signatures later — on February 28 the same year. Came into EEA force on July 1, 1987

The uniform European Act partially found the embodiment in the Declaration "About the European Union" of July 19, 1983 adopted by European Sovetom15.

Rapprochement became possible also thanks to activity of the commission under the leadership of Jean Dondelinguer who was at that time the Minister of Foreign Affairs of Luxembourg. He presided over an intergovernmental conference. The European Council decided to unite results of negotiations on political cooperation and on work with amendments to the uniform document, from here and there was its name — the Uniform European Act. This document had the same revolutionary effect, as Monnet-Shumana16 proposal.

Uniform European Act is the first considerable reform of legal bases of Communities (mainly EEC). The most part of its norms contain changes and additions in constitutive acts of the European communities (Section 11 "The Provisions Changing Constitutive Treaties of the European Communities") 17.

On the basis of EEA the system of institutes of the European communities was reformed. This reform promoted, first, strengthening of democratic lines of decision-making process, secondly — to strengthening of the supranational beginnings of structure of the organizations, further federalization of Communities.

Renamed assembly of Communities EEA into the European Parliament; the new Contract gave to this institute new authority in legislative process (procedure of cooperation in which the European Parliament has rights of the suspensive veto). The parliament acquired also the right of a casting vote by consideration of questions of accession of new member states to Communities (and now — to the Union) 18.

The main achievement of Uniform European Act in favor of the European Parliament was cooperation introduction of the procedure which brought closer the European Parliament to traditional model parliamentary uchrezhdeniya19.

Institutional innovations at this stage included new regulations on vote by rules of the majority in Council of ministers, the increased powers of the European Parliament and creation of Court of first instance for reduction of volumes of work which the Court of the EU faced after enforcement of resolutions on functioning of uniform domestic market. To the Uniform European Act the most part of laws of Community got approval through the procedure of consultation. It means that the Commission made the legislative proposal, the European Parliament stated the point of view on it, and Council made the final decision. According to EEA the powers of the European Parliament were expanded. So, it was allowed to participation in the procedure of cooperation of the European Parliament and Soveta20.

The central legislature of Communities — Council — on considerable number of the questions relating to regulation of domestic market acquired the right to adopt regulations qualified by a majority vote, i.e. ignoring objections of certain member states.

Uniform European Act expanded powers of the Commission a little. EEA laid the legal foundation for creation of new judicial authority of the European communities — Tribunal of the first instance.

In norms of EEA received fixing, to be exact, the mechanism of the European political cooperation was "legalized". This mechanism of coordination vnesh-

15 "Stuttgart declaration". Text Bulletin of the EU. 1983. No. 6. Page 26.
16 L.A. Medvedev, Sindeev A.A. Uk. soch. Page 13.
17 Introduction to the right of the European Union. Page 31.
18 In the same place. Page 31.
19 Uniform European Act / / Documents of the European Union. T.2. M, 1994.
20 Contract on the European Union. T. II. M, 1994. Page 105-106.

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it politicians of member states, created in the 1970th, originally had no legal registration in constituent documents. Uniform European Act met this lack. The prototype of future second support of the European Union legally was fixed (was institutionalized) in standards of the third section of EEA "Regulations on Euro, European Cooperation in Foreign Policy".

Thus, it should be noted that development and signing of Uniform European Act which value it is difficult to overestimate in connection with changes in the institutional system of the European communities became the most noticeable event in the 80th. The most significant changes and additions were made by Uniform European Act in that part which concerned fields of activity of communities and powers of their institutes. These amendments allowed to speak about the "constitutional" reorganization of communities, strengthening of the federalistic beginnings in their organization and deyatelnosti21.

Reforms of the organization and activity of communities considerably enhanced their supranational lines. Member states agreed to transfer to communities a number of functions and according to powers which traditionally were considered earlier as necessary signs of sovereignty of each single country. Respectively and institutes of the European communities were allocated with additional powers. Legitimization of EEA of new institute — the European Council (Council of Europe) which reached the highest position in a control system of communities became the major institutional innovation. According to B.N. Topornin, actually it was official recognition of institutionalization of the constant summits held in practice since 1974 by EEA defined the structure of the European Council. EEA entered new institute — Court of first instance. Its emergence was explained first of all by congestion of the main thing and until then the only legal agency in the system of communities - Vessels European soobshchestv22.

Increase in a role of European Parliament at the system of institutes of communities promoted fixing in Uniform European Act "procedure of cooperation" which caused its more active inclusion in decision-making process. It was meant observance of the certain rules concerning certain actions, terms and relationship between Council and European Parliament in the cases of their interaction provided by EEA.

After signing and entry into force of Uniform European Act plans of creation of the European Union passed into the practical plane. In 1990 two conferences got to work (on development according to economic and the political union). The Contract on the European Union signed on February 7, 1992 in the Netherlands city of Maastricht (from here other widespread, though informal document title — the Maastricht Treaty) became their general result.

As the Contract on the European Union entailed new serious restrictions of the state sovereignty of member countries that demanded to undertake in many of them the constitutional reforms and referenda, ratification of this document took rather considerable period of time. This process continued over one and a half years, and on November 1, 1993. The contract on the European Union came into force.

The Maastricht Treaty brought in the "an integration design" created by the states before on the basis of Communities, significant changes.

The contract created the new integration organization — the European Union which activity covers all main spheres of public life. Not only the economic integration (which is already carried out from 1950th within Communities), the general foreign policy and security policy of the Union (former EPS), but also implementation of law-enforcement function by means of koor-belong to them

21 Right of the European Union. Page 39.
22 In the same place. Page 42.

the dinations of the corresponding actions of member states — "cooperation in justice and internal affairs".

At the same time governing bodies (institutes) of the European communities were transformed to institutes of the Union in general which became 5 (the Contract on the European Union added Audit Chamber to already existing four institutes) 23.

Citizens of member states from now on along with national citizenship obtained also citizenship of the European Union.

Thus, forty years of economic integration paved the way for integration political. The general resources, uniform economic policy, the general institutes and other results of joint activity of the European countries led to growth of their political weight in the international relations. With establishment of the European Union new institutes and other bodies were not created. So, former institutes remained, their fields of activity, the main functions and competence did not undergo a little essential peresmotru24.

Expansion of powers of the European Parliament became possible as a result of the discussion which was constantly going to the EU between supporters of two concepts of development of the European integration — "Europe of the states" and "Europe of otechestvo", or between adherents of cooperation at the intergovernmental level and "federalists". At domination of the first approach "federalists" nevertheless managed to improve chances of transformation of the European Parliament into full-fledged body of the representative authority by carrying out direct elections. It promoted increase in general political prestige and legitimacy of the European Parliament. That circumstance that deputies of the European Parliament represent not national parliaments of the countries, and directly voters, does them more independent at discussion and the solution of problems razvitiya25. Applying for the status of representatives of the population of Europe, deputies of the European Parliament became more active in relationship with Council and the Commission.

The end of the 80th years became for the European Community the period of serious tests. The skeptical relation to the European integration was at that time dominating; the reunification of Germany generated the powerful force capable to apply for the leading positions on continente26, and the collapse of the USSR and fast transformations in the countries which were its satellites washed away the borders of most integrated Europy27 seeming before strong and invariable. In such situation the Maastricht Treaty which purpose proclaimed fixing of the achieved results of the European integration and definition of its new reference points was signed; between nevertheless important task there was a change most, a format of the European project, giving of clearer forms to it, creation of some kind of symbols which are emphasizing and every minute confirming the idea of the European unity.

In "Memoirs" (1976) Jean Monnet clearly states the mechanism of activity of communities: "It consists in maintenance of continuous dialogue between the European body which is responsible for finding solutions to common problems, and the national governments... It is absolutely new method. It does not provide creation of the central government. However it allows to make decisions at the level of community by means of Council of ministers, in particular, because the offer of solutions of common problems independent European body will allow to bypass requirements about unanimous decision-making without serious consequences. The parliament and Court emphasize the general nature of this education. This method is real "federa-lizator" of Europe... The Community is based on institutes which neobkhodi-

23 Introduction to the right of the European Union. C. 33.
24 Right of the European Union. C. 50.
25 L.A. Medvedev, Sindeev A.A. Uk. soch. C. 29.
26 Pastor R.A. The Great Powers in the Twentieth Century//Pastor R.A. (ed.) A Century&s Journey. How the Great Powers Shape the World. P. 13.
27 Conquest R. Reflections on a Ravaged Century. New York: W.W. Norton, 2000. P. 253-254.

mo to strengthen, giving at the same time the report that the real political power which will be elected to themselves sometime by the European democracies, still it is necessary to think up and carry out" 28.

This logic of integration dominated during the period since 1950 before signing of the Maastricht Treaty in 1992

FORMATION AND DEVELOPMENT OF THE EU INSTITUTIONAL SYSTEM

(1960 - EARLY 1990S)

The article deals with the problems of formation and developing of EU institutions at 1960-early 1990-th. These theme is quite actual nowadays, because the institution developing became one of the necessary cases of successful enlargement and continue to be one of the top themes in the EU" s life. The basic change took place after the World War II, which leaded to integration processes inside Europe. A. P. BERESNEV But in time, intensification and enlargement spheres of economic

integration demanded more strict regulations of the influence mecha-KurskState University nisms on EU institutes for new-organized structures (European Coal

and Steel Community, European Communities, Euratom). In new light e-mail: beresnev15@mailru appeared the problem of the EU institution system in the context of

power enlargement and procedures changing for controllability of EU institutions work.

28 Ge. Monnet. Reality and policy. Memoirs. M, 2001. Page 646.
James Wilson
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