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НазваHas the EU reached the limits of integration (реферат)
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Political Aspects of European Integration

 

COURSE ESSAY

 

Has the EU reached the limits of integration?

 

By: Yaroslav Sinitsov, EUBL

 

Instructor: Desmond Dinan,

 

Visiting Professor, University of Amsterdam

 

Introduction

 

Before answering this question, let us face some obvious facts. So far,

the European Union has been the most advanced and successful alliances

of the independent countries in the modern history. One cannot deny that

it is only the EU which established – at least in the first pillar – a

new legal order for its Member States, by which they voluntarily shared

their sovereignty based on the rule of law in order to achieve the

common task, as set forth by Article 2 of the Treaty Establishing the

European Community: ‘...to promote throughout the Community a harmonious

and balanced development of economic activities, sustainable and

non-inflationary growth respecting the environment, a high degree of

convergence of economic performance, a high level of employment and of

social protection, the raising of a standard of living and quality of

life, and economic and social cohesion and solidarity among Member

States.’ But as with any other international treaty, there is always

room for diversity in interpretation. If the right to interpret the

Treaty provisions and other Community legislation had been vested in

Member States, the EU would have been nothing different but just another

international treaty nicely falling within the general system of public

international law, where no contracting party can be bound against its

will. The EU is unique to have the European Court of Justice which,

unlike any other international tribunals, has a compulsory jurisdiction

and an exclusive authority to interpret the Community legislation – at

least, with respect to the first pillar of the EU. By widely

interpreting the EC legislation and relying not just on the text, but

also on ‘the spirit’ of the Treaty, the European Court of Justice has

actually developed its own doctrine which is now seen as one of the

important sources of the Community law. This doctrine has played a

crucial role in implementing EU policies, since the text of the Treaty

and other Community legislation cannot cover in detail all aspects of

integration. Despite the instability of its development, the EU remains

by far more efficient that any other possible alternatives. The EU is a

major achievement and is still on the move. IGCs being clearly

inter-state negotiations bear little resemblance to classical diplomatic

conferences reviewing international treaties. European Treaty reform ‘is

perhaps better looked at as the constitutional process – with an

integral role being played by the representatives of the people, both at

national and European level.’

 

Why Integrate?

 

But why integrate? What made European governments act against their

cautious political interests? The answer was given by Jean Monnet, one

of the founding fathers of the European Communities and a lover of

aphorisms: ‘People only accept changes when faced with necessity, and

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