It was just published. report prepared by the Polish Institute of Ordo Iuris and the Hungarian Mathias Corvinus Collegium. The paper analyses the challenges facing the European Union and presents 2 alternate scenarios for treaty reforms aimed at restoring democracy and national sovereignty as the foundations of European cooperation. The study shows that the integration process, alternatively of strengthening associate States, leads to an expanding centralisation of power in the hands of EU institutions, thereby weakening the function of national governments.
The past of the European Union shows that its nature has changed since its inception – from an economical community based on the cooperation of sovereign states to a quasi-federal body imposing uniform regulations in many areas of public life. The paper specifically highlights the issue of the democratic deficit, the increasing bureaucracy and the effort to reduce the competences of national governments on key issues specified as migration policy, economical policy and constitutional legislation.
The study proposes 2 scenarios of change: the first – a return to pre-Maastricht rules, with greater flexibility in integration, and the second – the creation of a fresh model of European cooperation based on voluntary participation of countries. The aim is to rebuild a strong, sovereign Europe.
The European Union, which was created as a task to guarantee peace and economical cooperation, has undergone a profound transformation over fresh decades. From a community based on national sovereignty and the rule of subsidiarity, it has become a supranational body, gradually limiting the competences of the associate States. Although further integration seems inevitable to some, more and more votes point to the request to improvement the EU institutions and return to the first principles of cooperation. The current model of functioning of the EU has a number of problems that undermine its democratic legitimacy and efficiency. The most crucial of these are the democratic deficit, the erosion of state sovereignty, the threat to civilian liberties, the inefficient migration policy and excessive bureaucracy, limiting the competitiveness of the European economy.
One of the main accusations against the European Union is the deficiency of democratic legitimacy of key institutions and the limited control of citizens over decisions taken. The European Commission, with an exclusive legislative initiative, is not elected in general elections and its members are appointed by the governments of the associate States. The Court of Justice of the European Union (TEU), which takes decisions affecting national legislation, besides acts independently of democratic scrutiny.
Moreover, decisions of the Council of the European Union and of the European Parliament are frequently taken in complex procedures that stay opaque for citizens. As a result, EU regulations are increasingly seen as imposed "top-down", without a genuine public consultation and taking into account the specificities of individual countries.
Another serious problem is the gradual erosion of national sovereignty, which is simply a consequence of expanding the competences of the EU institutions. The Court of Justice of the EU, through its case-law, has consistently strengthened the precedence of EU law over national law, even in areas that were originally to stay the work of national states.
Instead of becoming an area of free competition and dynamic economical development, the European Union is increasingly restricting the freedom of economical activity. Excessive regulation, fresh taxes and climate policy requirements make European businesses little competitive.
Proposed scenarios for EU reform
1. script I: Back to roots
This script involves gradual reforms that will reconstruct the balance between European cooperation and national autonomy. Key changes would include:
- Limiting the competences of the European Commission and the EU Court of Justice,
- Restoring unanimity in key decisions,
- Introduction of the à la carte integration model
- Priority of national constitutions over EU law.
2. script II: A fresh Start
The second script implies a complete departure from the current European integration model and the creation of a new, more flexible expression for cooperation, in which countries hold full sovereignty and decisions are made on a consensus basis.
The main assumptions would include:
- replacing the EU with a fresh structure – the European Community of Nations,
- Solution to the European Commission and the EU Treaty,
- Cooperation between countries on a voluntary basis only.
The EU improvement scenarios outlined in the study respond to the increasing tensions between the increasing centralisation of the EU institutions and the sovereignty of the associate States. The key question is whether the European Union is ready to change its model of operation. If the current trend of centralisation continues, this may lead to further division and increased tensions within the community. The final decision on the future of Europe belongs to the states and their citizens – they should decide whether they want a centralised Union or a Europe of strong, sovereign nations.
