The European Union (EU)

Mahir Al Banna

The European Union is a unique political and economic partnership between 27 European
countries: Germany, Italy, France, Spain, Portugal, Ireland, Netherland, Belgium,
Luxembourg, Greece, Denmark, Sweden, Czech Republic, Slovakia, Romania, Bulgaria,
Hungary, Poland, Finland, Austria, Estonia, Latvia, Lithuania, Slovenia, Croatia, Cyprus
and Malta1, for the peace, prosperity and freedom for its 500 million citizens, in a fair and a
safer world. It is a constantly evolving structure which has no historical precedent.

Main Objectives

The EU main objectives are: 1- to promote economic and social progress

2- to assert the identity of the EU on the international scene through European humanitarian
aid to non-EU countries

3- to develop common foreign and security policy

4- to act in international crises, and common positions within international organizations

5- to introduce European citizenship (which does not replace national citizenship but
complements it and confers several civil and2political rights on European citizens

6- to develop an area of freedom, security and justice linked to the operation of internal
market and more particularly the freedom of movement of persons.

1 Mahir Al Banna, “International Organizations”.

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Treaties

The primary legislation of the EU is the treaties signed between member states. These treaties
lay down the basic policies of the EU; establish its institutional structure, legislative
procedure and powers. Some of the main treaties are the EEC Treaty of Rome 1957, the
Single European Act 1986, the Treaty of Maastricht 1992, the Amsterdam Treaty 1997, the
Treaty of Nice 2001 and the Lisbon Treaty 2007. Each successive treaty has given more
responsibility and more sovereignty to the European institutions, culminating in the most
recent treaty, the Lisbon Treaty (initially known as the Reform Treaty).

Institutions

There are 4 institutions involved to run the European Union3: The European Parliament,
the European Council, the European Commission and European Court of justice. The main
job of the EP is to pass European laws based on proposals presented by the European
commission. The European Parliament shares this responsibility with the European Council.
It also shares joint authority with the Council for approving the EU’s annual budget. The
European Court of Justice assures equal representation of all member states, each state has
a representative for a 6-year period.

The European Commission which consists of 27 commissioners is the EU’s executive body
and represents the interests of the EU. It acts as a mediator between governments as well as
between other European institutions. It drafts proposals for new European laws that it
presents to the Parliament and the Council. It puts into practice the EU’s common policies
and manages the EU’s fund and programs. The Commission also plays its role as a “guardian
of the treaties”4 making sure that everyone abides by the EU’s treaties and laws. It can act
against rule-breakers, taking them to the European Court of Justice if necessary.

Membership Criteria – Who can join?

Every country seeking membership into the EU will be given an extensive list of specific
requirements that must be met before its application for membership will be considered and
accepted. The conditions for accession are defined at the European council in the
1993“Copenhagen criteria”. Countries wishing to join need to have:

3 David Ruzie, Gerard Taboul, ‘Droit International Public”. P.30, Dalloz, 2013.
4 Mahir Al Banna, “International Organizations”, Ibid p.5.

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1- Stable institutions guaranteeing democracy, rule of law, human rights and respect for and
protection of minorities.

2- A functioning market economy and the capacity to cope with competition and market
forces in the EU.

3- The ability to implement the obligations of membership5, including adherence to

monetary union.

EU and Sovereignty

Sovereignty is the ability of nation to exercise independent political power on the given
territory. It can be defined as a supreme authority, having no other authority above it. The
raised question is: does EU undermine and diminish national sovereignty of member states?
Are EU member States sovereign?

Joining an international organization is a voluntary practice of State sovereignty. In the EU,

every new treaty signed by the State with the Union is a promise to get some benefits, and to
give more responsibility and more sovereignty as well to the European institutions to the
detriment of that of member States.
Being sovereign means full control over your territory, legislation, and independent courts.
But EU member States must obey EU laws, which are created by European parliament
instead of their own.

The EU has sovereignty in legal sense; it creates legal norms that are superior to legal norms
of the member States. By becoming a member State of the European Union, a country's
governing body and its judiciary loses some of its ability to legislate within certain domestic
and international policy areas. This voluntary loss of legislative power could arguably be
considered not permanent. In fact, the EU offers several advantages for national sovereignty.
In some policies it ensures that members can oppose the European legislation if they see it as
a threat to national sovereignty. Even the European Commission’s power was reduced as its
proposals can be rejected by the appeal of the 1/3 of national governments.
The members have limited their sovereign rights and have thus created a body of law which
binds both their nationals and them. Combined sovereignty is delegated by each member to
the institutions in return of representation within those institutions which exercise legislative,
judicial, and executive powers at the supranational level. When they delegate some of their
important powers to the European Union, they transfer voluntarily their competence to the
Union. The practice is often referred to as “pooling of sovereignty”. Those institutions are
then empowered to make laws and decisions to execute them at a European level on behalf
of the member States.

For some European scholars, sovereignty is not just freedom of action. It looks to results.
For example, a treaty between State A and State B, where both promise to do something

5 David Ruzie, Gerard Taboul. Op. cite, p.34.

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diminishes the freedom of action of both countries but obtains for them the benefit of A’s
action (and vice versa).
Another example, whenever you as an individual sign a contract you diminish your freedom
to act; but you do so to obtain a benefit. So, when you work as an employee you give up to
your employer the right to determine where you could be and what you should do from 9-5,
five days a week, 46 weeks a year. That was quite a loss of autonomy. But the benefits were
worth it.
While economic independence is taken from member States but voluntarily, in return of
enormous economic advantages, on defense and foreign policy issues, less sovereignty is
transferred. However, member States have full control of their policies concerning
healthcare, education, culture, tourism, industry, and administration.

The European Parliament structure, according to certain scholars- undermine national

sovereignty in the European decision making. In fact, in the European Parliament the
number of seats is distributed according to the population, so Germany (96 seats) is stronger
than Malta (6 seats) Greece and Lithuania combined, which may be used as exercising
greater power over these countries.

Termination of Membership

EU members States have the right to withdraw from the union and regain their full
sovereignty at any point.
If a State fails to comply with the law of the EU, it may be fined or have funds withdrawn.
In extreme cases, there are provisions for voting rights or membership of a state to be
suspended.

The suspension of certain rights of a member State is mentioned in article 7 of the Treaty of
the EU: If a member, persistently breaches the EU’s founding values (respect for human
dignity, freedom, democracy, equality, the rule of law and respect for human rights,
including the rights of persons belonging to minorities), the European Council can vote to
suspend any rights of membership such as voting and representation. Sanctions require only
a qualified majority “minimum 16 members”, and the same Council acting by majority may
alter or lift the sanctions.

While a state can leave, there is no provision for it to be excluded. The treaties do not provide
any mechanism to expel a member state. The idea appeared in the drafting of the European
Constitution and the Lisbon Treaty but failed to be included. The reasons for that: the
concept of expulsion goes against the spirit of the treaties. Most available sanctions are
conciliatory, not punitive; they do not punish the state, but rather encourage it to fulfill its
treaty obligations - expulsion would certainly not achieve that

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Legal Terms
Unique ‫ﻓﺮﯾﺪ‬

Partnership ‫ﺷﺮاﻛﺔ‬

Prosperity ‫ازدھﺎر‬

Citizen ‫ﻣﻮاطﻦ‬

Safer world ‫ﻋﺎﻟﻢ آﻣﻦ‬

Constantly evolving structure ‫ﻣﻨﻈﻤﺔ ﻣﺘﻄﻮرة ﺑﺎﺳﺘﻤﺮار‬

With no historical precedent ‫ﻻ ﻣﺜﯿﻞ ﻟﮭﺎ ﻓﻲ اﻟﺘﺎرﯾﺦ‬

Social progress ‫ﺗﻄﻮر اﺟﺘﻤﺎﻋﻲ‬

Assert the identity ‫ﺗﺆﻛﺪ اﻟﮭﻮﯾﺔ‬

International scene ‫اﻟﺴﺎﺣﺔ اﻟﺪوﻟﯿﺔ‬

Common foreign and security policy ‫ﺳﯿﺎﺳﯿﺔ أﻣﻨﯿﺔ وﺧﺎرﺟﯿﺔ ﻣﺸﺘﺮﻛﺔ‬

Humanitarian aid ‫ﻋﻮن اﻧﺴﺎﻧﻲ‬

International crises ‫اﻷزﻣﺎت اﻟﺪوﻟﯿﺔ‬

Common positions ‫ﻣﻮاﻗﻒ ﻣﻮﺣﺪة‬

Compliment ‫ﯾﻜﻤﻞ‬

internal market ‫ﺳﻮق داﺧﻠﻲ‬

freedom of movement ‫ﺣﺮﯾﺔ اﻟﺘﻨﻘﻞ‬

primary legislation ‫اﻟﺘﺸﺮﯾﻊ اﻷﺳﺎﺳﻲ‬

basic policies ‫اﻟﺴﯿﺎﺳﺎت اﻷﺳﺎﺳﯿﺔ‬

legislative procedure and powers ‫ﺳﻠﻄﺎت ﺗﺸﺮﯾﻌﯿﺔ واﺟﺮاﺋﯿﺔ‬

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Institutions ‫اﻟﻤﺆﺳﺴﺎت‬
European Commission ‫اﻟﻤﻔﻮﺿﯿﺔ اﻷورﺑﯿﺔ‬

Proposals ‫ﻣﻘﺘﺮﺣﺎت‬

equal representation ‫ﺗﻤﺜﯿﻞ ﻣﺘﺴﺎوي‬

representative‫ﻣﻨﺪوب‬-‫ﻣﻤﺜﻞ‬

commissioner ‫ﻣﻔﻮض‬

executive body ‫ﺟﮭﺎز ﺗﻨﻔﯿﺬي‬

interests ‫ﻣﺼﺎﻟﺢ‬

Mediator ‫وﺳﯿﻂ‬

puts into practice ‫ﺗﻨﻔﺬ ﻋﻤﻠﯿﺎ‬

common policies ‫ﺳﯿﺎﺳﺎت ﻣﺸﺘﺮﻛﺔ‬

fund and programs ‫دﻋﻢ ﻣﺎﻟﻲ وﺑﺮاﻣﺞ‬

guardian of the treaties‫اﻟﻌﯿﻦ اﻟﺴﺎھﺮة ﻋﻠﻰ اﻟﻤﻌﺎھﺪات‬

abide ‫ﯾﺤﺘﺮم‬

rule-breaker‫ﻣﻨﺘﮭﻚ اﻟﻘﺎﻧﻮن‬

Criteria‫ﻣﻌﯿﺎر‬

specific requirements ‫ﻣﺘﻄﻠﺒﺎت ﻣﺤﺪدة‬

accession ‫اﻧﻀﻤﺎم‬

Stable institutions‫ﻣﺆﺳﺴﺎت ﻣﺴﺘﻘﺮة وداﺋﻤﺔ‬

rule of law ‫ﺳﯿﺎدة ﺣﻜﻢ اﻟﻘﺎﻧﻮن‬

minorities ‫أﻗﻠﯿﺎت‬

market economy ‫اﻗﺘﺼﺎد اﻟﺴﻮق‬

competition ‫ﻣﻨﺎﻓﺴﺔ‬
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market forces ‫ﻗﻮى اﻟﺴﻮق‬

obligations of membership‫اﻻﻟﺘﺰاﻣﺎت ﺑﻤﻮﺟﺐ اﻟﻌﻀﻮﯾﺔ‬

adherence‫اﻧﻀﻤﺎم وﺗﻔﻌﯿﻞ‬

political power ‫ﺳﻠﻄﺔ ﺳﯿﺎﺳﯿﺔ‬

culminating‫ﺑﻠﻐﺖ ذروﺗﮭﺎ‬

supranational level ‫اﻟﻤﺴﺘﻮى ﻓﻮق اﻟﻮطﻨﻲ‬

to the detriment ‫ﻋﻠﻰ ﺣﺴﺎب‬

diminish ‫ﯾﻘﻠﻞ‬

undermine‫ﯾﻘﻠﺺ أو ﯾﮭﺪد‬

Combined sovereignty‫ﺳﯿﺎدة ﻣﺸﺘﺮﻛﺔ‬

Delegate‫ﯾﺘﺨﻠﻰ ﻋﻦ أو ﯾﻔﻮض‬

Advantages ‫اﻣﺘﯿﺎزات‬

Threat ‫ﺗﮭﺪﯾﺪ‬

Practice ‫ﻣﻤﺎرﺳﺔ‬

“pooling of sovereignty‫ﺗﺠﻤﯿﻊ اﻟﺴﯿﺎدات ﻓﻲ ﺟﺴﻢ واﺣﺪ‬

Execute ‫ﯾﻨﻔﺬ‬

Fined‫ﯾﺪﻓﻊ ﻏﺮاﻣﺔ‬

economic independence ‫اﺳﺘﻘﻼل اﻗﺘﺼﺎدي‬

voluntarily ‫طﻮاﻋﯿﺔ‬

foreign policy ‫ﺳﯿﺎﺳﺔ ﺧﺎرﺟﯿﺔ‬

transferred ‫ﺗﺤﻮﻟﺖ‬

healthcare ‫اﻟﺼﺤﺔ‬

tourism ‫اﻟﺴﯿﺎﺣﺔ‬
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Administration ‫اﻹدارة واﻟﺤﻜﻢ‬

democratic representation ‫ﺗﻤﺜﯿﻞ دﯾﻤﻘﺮاطﻲ‬

Scholars‫اﻟﻔﻘﮭﺎء‬

Decision making ‫اﺗﺨﺎذ اﻟﻘﺮار‬

Distribution ‫ﺗﻮزﯾﻊ‬

Founding values ‫اﻟﻘﯿﻢ اﻟﻤﺆﺳﺴﺔ‬

Sanctions ‫ﻋﻘﻮﺑﺎت‬

Exclude ‫ﯾﻄﺮد‬

Mechanism ‫آﻟﯿﺔ‬

European constitution ‫اﻟﺪﺳﺘﻮر اﻷوروﺑﻲ‬

Spirit of treaties ‫روح اﻟﻤﻌﺎھﺪات‬

Conciliatory not punitive ‫ﻟﯿﺲ ﻋﻘﺎﺑﻲ ﺑﻞ ﺗﺼﺎﻟﺤﻲ‬

Encourage ‫ﯾﺸﺠﻊ‬

Fulfill its treaty obligation ‫ﯾﻄﺒﻖ اﻟﻤﻌﺎھﺪات‬

Achieve ‫ﯾﺤﻘﻖ‬