national and supranational interests in the european union balazs horvathy

National and Supranational Interests in the European UnionNational and Supranational Interests in the European Union

Balazs HORVATHYBalazs HORVATHY

NATIONAL AND SUPRANATIONAL INTERESTS IN THE EUROPEAN UNION

NATIONAL AND SUPRANATIONAL INTERESTS IN THE EUROPEAN UNION

Balazs HORVATHY PhDSzechenyi Istvan University (Győr)HAS CSS Lendület-HPOPs Research Group (Budapest)Email: [email protected]______________________________


Visegrad Winter Seminar - Law, Politics, Economy and Society

in Central and Eastern Europe (Széchenyi István University, Faculty of Law and Political Sciences, 24-28

February 2014)



February 2014)

National and Supranational Interests in the European Union

National and Supranational Interests in the European Union

I. IntroductionII. National interest – Conceptual

foundationsIII. Supranational interest – Does

really ’Interest of the EU’ exist?IV. Interest-based bargaining in the

EU legislative procedureV. Discussion

I. IntroductionII. National interest – Conceptual

foundationsIII. Supranational interest – Does

really ’Interest of the EU’ exist?IV. Interest-based bargaining in the

EU legislative procedureV. Discussion

I. INTRODUCTIONI. INTRODUCTION

I. IntroductionI. Introduction

Henry John Temple Viscount Lord Palmerston

(1784-1865, Foreign Secretary and Prime Minister

under Queen Victoria)

Henry John Temple Viscount Lord Palmerston

(1784-1865, Foreign Secretary and Prime Minister

under Queen Victoria)

“We have no eternal allies, and we have no perpetual enemies. Our interests are eternal and perpetual, and those interests it is our duty to follow...”(Speech to the House of Commons on 1st March 1848, available at http://hansard.millbanksystems.com/commons/1848/mar/01/treaty-of-adrianople-charges-against).

“We have no eternal allies, and we have no perpetual enemies. Our interests are eternal and perpetual, and those interests it is our duty to follow...”(Speech to the House of Commons on 1st March 1848, available at http://hansard.millbanksystems.com/commons/1848/mar/01/treaty-of-adrianople-charges-against).


“When you're asking Americans to die, you have to be able to explain it in terms of the national interest”(USA Today, November 22, 1995, as quoted in Jutta Weldes, Constructing National Interests. European Journal of International Relations 1996; 2; p. 276)

“When you're asking Americans to die, you have to be able to explain it in terms of the national interest”(USA Today, November 22, 1995, as quoted in Jutta Weldes, Constructing National Interests. European Journal of International Relations 1996; 2; p. 276)

(Henry Kissinger, 1923-, US diplomat, political scientist, Nobel Peace Prize recipient, National Security Advisor and later concurrently Secretary of State of Presidents Nixon and

Ford)

(Henry Kissinger, 1923-, US diplomat, political scientist, Nobel Peace Prize recipient, National Security Advisor and later concurrently Secretary of State of Presidents Nixon and

Ford)


RelevancyStronger Eurosceptic sentiment in

the post-crisis periodNational interest, as an instrument

of practical politics (since cca. 16th Century)

National interest, as an analytical tool and subject of social sciences (since 20th Century)

RelevancyStronger Eurosceptic sentiment in

the post-crisis periodNational interest, as an instrument

of practical politics (since cca. 16th Century)

National interest, as an analytical tool and subject of social sciences (since 20th Century)


Relevant in political science (international politics)

Theory of International relationsLegal scholarship (?, limited

importance) Background

HAS CSS Lendület-HPOPs Research Group (Budapest) :”Policy Opportunities for Hungary in the European Union”

http://hpops.tk.mta.hu/en/

Relevant in political science (international politics)

Theory of International relationsLegal scholarship (?, limited

importance) Background

HAS CSS Lendület-HPOPs Research Group (Budapest) :”Policy Opportunities for Hungary in the European Union”




II. NATIONAL INTEREST – CONCEPTUAL FOUNDATIONSII. NATIONAL INTEREST – CONCEPTUAL FOUNDATIONS

II. National interestII. National interest

History of ‘national interest’ as concept of politics


Niccolò Machiavelli (1469-1527)• Il principe (cca 1513)• ‘The will of the prince’• Moral interest and immoral

instruments• Earlier roots, see Th. Aquinas

Summa Theologica (states’ intrests in wars, some elements of ‘ius in bellum’ )

Niccolò Machiavelli (1469-1527)• Il principe (cca 1513)• ‘The will of the prince’• Moral interest and immoral

instruments• Earlier roots, see Th. Aquinas

Summa Theologica (states’ intrests in wars, some elements of ‘ius in bellum’ )




Carl Philipp Gottlieb von Clausewitz (1780-1831)• Vom Kriege [About wars]• Staatsraison: need to survive

and prosper• Rationally decide to go to war

Carl Philipp Gottlieb von Clausewitz (1780-1831)• Vom Kriege [About wars]• Staatsraison: need to survive

and prosper• Rationally decide to go to war



George Washington (1732-1799)


George Washington (1732-1799)

„Europe has a set of primary interests which to us have none; or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves by artificial ties in the ordinary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships or enmities.” (1796)

„Europe has a set of primary interests which to us have none; or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves by artificial ties in the ordinary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships or enmities.” (1796)


‘National interest’ in the political analysis

Between the WWs: Beard, Charles A.: The Idea of National Interest: An Analytical Study in American Foreign Policy. New York, Macmillan, 1934 .After the WW2: Developing paradigms of International Relations National interest is key factor in (political) realism and constructivismIn some theories not relevant, or the theory neglect its existence (eg. Marxism, which substitute the ‘national interest’ with ‘class interest’)

‘National interest’ in the political analysis

Between the WWs: Beard, Charles A.: The Idea of National Interest: An Analytical Study in American Foreign Policy. New York, Macmillan, 1934 .After the WW2: Developing paradigms of International Relations National interest is key factor in (political) realism and constructivismIn some theories not relevant, or the theory neglect its existence (eg. Marxism, which substitute the ‘national interest’ with ‘class interest’)


Paradigm of RealismParadigm of Realism

Hans Joachim Morgenthau (1904 –1980)• considered as the father of

realism• Politics Among Nations (1948)• Politics is struggle for power• Rational self –interests of states• Advantages of classical,

multipolar, balance of power system

• the bipolar rivalry between US /USSR especially dangerous

Hans Joachim Morgenthau (1904 –1980)• considered as the father of

realism• Politics Among Nations (1948)• Politics is struggle for power• Rational self –interests of states• Advantages of classical,

multipolar, balance of power system

• the bipolar rivalry between US /USSR especially dangerous


Paradigm of Realism

“Interest is the perennial standard by which political action must be judged and directed”

‘Six Principles’ of Realism:

1. Political realism believes that politics, like society in general, is governed by objective laws that have their roots in human nature.

Paradigm of Realism

“Interest is the perennial standard by which political action must be judged and directed”


1. Political realism believes that politics, like society in general, is governed by objective laws that have their roots in human nature.


Paradigm of Realism

‘Six Principles’ of Realism:2. The main signpost of political realism is the

concept of interest defined in terms of power, which infuses rational order into the subject matter of politics, and thus makes the theoretical understanding of politics possible. Political realism avoids concerns with the motives and ideology of statesmen. Political realism avoids reinterpreting reality to fit the policy. A good foreign policy minimizes risks and maximizes benefits.

Paradigm of Realism

‘Six Principles’ of Realism:2. The main signpost of political realism is the

concept of interest defined in terms of power, which infuses rational order into the subject matter of politics, and thus makes the theoretical understanding of politics possible. Political realism avoids concerns with the motives and ideology of statesmen. Political realism avoids reinterpreting reality to fit the policy. A good foreign policy minimizes risks and maximizes benefits.


Paradigm of Realism


3. Realism recognizes that the determining kind of interest varies depending on the political and cultural context in which foreign policy, not to be confused with a theory of international politics, is made. It does not give "interest defined as power" a meaning that is fixed once and for all.

Paradigm of Realism


3. Realism recognizes that the determining kind of interest varies depending on the political and cultural context in which foreign policy, not to be confused with a theory of international politics, is made. It does not give "interest defined as power" a meaning that is fixed once and for all.


Paradigm of Realism

‘Six Principles’ of Realism:4. Political realism is aware of the moral

significance of political action. It is also aware of the tension between the moral command and the requirements of successful political action. Realism maintains that universal moral principles must be filtered through the concrete circumstances of time and place, because they cannot be applied to the actions of states in their abstract universal formulation.

Paradigm of Realism

‘Six Principles’ of Realism:4. Political realism is aware of the moral

significance of political action. It is also aware of the tension between the moral command and the requirements of successful political action. Realism maintains that universal moral principles must be filtered through the concrete circumstances of time and place, because they cannot be applied to the actions of states in their abstract universal formulation.


Paradigm of Realism‘Six Principles’ of Realism:

5. Political realism refuses to identify the moral aspirations of a particular nation with the moral laws that govern the universe.

6. The political realist maintains the autonomy of the political sphere; the statesman asks "How does this policy affect the power and interests of the nation?" Political realism is based on a pluralistic conception of human nature. The political realist must show where the nation's interests differ from the moralistic and legalistic viewpoints.

Paradigm of Realism‘Six Principles’ of Realism:

5. Political realism refuses to identify the moral aspirations of a particular nation with the moral laws that govern the universe.

6. The political realist maintains the autonomy of the political sphere; the statesman asks "How does this policy affect the power and interests of the nation?" Political realism is based on a pluralistic conception of human nature. The political realist must show where the nation's interests differ from the moralistic and legalistic viewpoints.


Paradigm of Constructivism

Makes attempts to reflect to the weakness of realism

significant aspects of international relations are historically and socially constructed

rather than inevitable consequences of human nature or other essential characteristics of world politics as in terms of realism

Alexander Wendt "Anarchy is What States Make of It: the Social Construction of Power Politics" (1992) in International Organization


Makes attempts to reflect to the weakness of realism

significant aspects of international relations are historically and socially constructed

rather than inevitable consequences of human nature or other essential characteristics of world politics as in terms of realism

Alexander Wendt "Anarchy is What States Make of It: the Social Construction of Power Politics" (1992) in International Organization



Alexander Wendt: two increasingly accepted basic tenets of Constructivism

the structures of human association are determined primarily by shared ideas rather than material forces

the identities and interests of purposive actors are constructed by these shared ideas rather than given by nature

Consequences: the interest of states are formed eg. by the negotiations as well


Alexander Wendt: two increasingly accepted basic tenets of Constructivism

the structures of human association are determined primarily by shared ideas rather than material forces

the identities and interests of purposive actors are constructed by these shared ideas rather than given by nature

Consequences: the interest of states are formed eg. by the negotiations as well


Applicability of theories to the Member States’ national

interests Could be applied? EU policies of Member States In terms of realism:

power struggle of Member States Their interests are given ‘by the nature’ (what are

the interests??) Constructivism:

National interests can formed and achieved by negotiation


interests Could be applied? EU policies of Member States In terms of realism:

power struggle of Member States Their interests are given ‘by the nature’ (what are

the interests??) Constructivism:

National interests can formed and achieved by negotiation



interests

National interest has a dynamic character National interest can be successfully

institutionalised within the decision making procedures of the EU

But: what are the interests of the Member State exactly?


interests

National interest has a dynamic character National interest can be successfully

institutionalised within the decision making procedures of the EU

But: what are the interests of the Member State exactly?

III. SUPRANATIONAL INTEREST – DOES REALLY ’INTEREST OF THE EU’ EXIST?

III. SUPRANATIONAL INTEREST – DOES REALLY ’INTEREST OF THE EU’ EXIST?

III. Supranational interest III. Supranational interest

Does the interest of the EU exist?“When the national state will have been replaced by another mode of political organization, foreign policy must then protect the interest in survival of that new organization” (Morgenthau) See sui generis and supranational Character of the EU

Does the interest of the EU exist?“When the national state will have been replaced by another mode of political organization, foreign policy must then protect the interest in survival of that new organization” (Morgenthau) See sui generis and supranational Character of the EU


The ‘EU interest’ logically can be based on

the Common interest of the Member States;The interest of the EU as an (relatively) independent and specific (supranational) actor

The Founding Treaties refer to both categories

The ‘EU interest’ logically can be based on

the Common interest of the Member States;The interest of the EU as an (relatively) independent and specific (supranational) actor

The Founding Treaties refer to both categories


Originally in the ECSC Treaty:Preamble: „Resolved to substitute for age-old rivalries the merging of their essential interests; to create, by establishing an economic community…”Article 3: „The institutions of the Community shall, within the limits of their respective powers, in the common interest”Article 48 referred to „the interests of workers and consumers” in context with the right of undertakings

Originally in the ECSC Treaty:Preamble: „Resolved to substitute for age-old rivalries the merging of their essential interests; to create, by establishing an economic community…”Article 3: „The institutions of the Community shall, within the limits of their respective powers, in the common interest”Article 48 referred to „the interests of workers and consumers” in context with the right of undertakings


Current Treaty structure (TEU/TFEU):

(A) Common/fundamental/strategic interest of the EU (B) General interest of the EU (C) Specific interests of the EU

Actually no direct mention of the MSs’ interest

Current Treaty structure (TEU/TFEU):

(A) Common/fundamental/strategic interest of the EU (B) General interest of the EU (C) Specific interests of the EU

Actually no direct mention of the MSs’ interest


(A) Fundamental/strategic interest of the EU

Eg. TEU Article 21: „ … The Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to (…) safeguard its values, fundamental interests, security, independence and integrity …”

TEU Article 22: „…On the basis of the principles and objectives set out in Article 21, the European Council shall identify the strategic interests and objectives of the Union. Decisions of the European Council on the strategic interests and objectives of the Union shall relate to the common foreign and security policy and to other areas of the external action of the Union.”


Eg. TEU Article 21: „ … The Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to (…) safeguard its values, fundamental interests, security, independence and integrity …”

TEU Article 22: „…On the basis of the principles and objectives set out in Article 21, the European Council shall identify the strategic interests and objectives of the Union. Decisions of the European Council on the strategic interests and objectives of the Union shall relate to the common foreign and security policy and to other areas of the external action of the Union.”



Fundamental/Strategic interest of EU is related to the foreign policy

Article 24 : „The Member States shall work together to enhance and develop their mutual political solidarity. They shall refrain from any action which is contrary to the interests of the Union or likely to impair its effectiveness as a cohesive force in international relations.”

Is really the own foreign policy interest of the EU?

Think of the decision making procedure: the strategic interest document is laid down by the unanimous decision of the MSs in the European Council


Fundamental/Strategic interest of EU is related to the foreign policy

Article 24 : „The Member States shall work together to enhance and develop their mutual political solidarity. They shall refrain from any action which is contrary to the interests of the Union or likely to impair its effectiveness as a cohesive force in international relations.”

Is really the own foreign policy interest of the EU?

Think of the decision making procedure: the strategic interest document is laid down by the unanimous decision of the MSs in the European Council


(B) General interest of the EU Eg. TEU Article 17: „… The Commission shall promote

the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them.”

Questionable – whose interest? Citizens’ interest? Consumers? Industry? The capacity to create the common European

interest, as declared by the European Commission, is embodied in the Commission and the Council

See the legislative proposal of the Commission, or specific „Interest Test” in the Antidumping Procedures etc.

The scope of the „General interest” depends on the relevant EU policy

(B) General interest of the EU Eg. TEU Article 17: „… The Commission shall promote

the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them.”

Questionable – whose interest? Citizens’ interest? Consumers? Industry? The capacity to create the common European

interest, as declared by the European Commission, is embodied in the Commission and the Council

See the legislative proposal of the Commission, or specific „Interest Test” in the Antidumping Procedures etc.

The scope of the „General interest” depends on the relevant EU policy


(C) Specific interest of the EU Eg. TFEU Article 86 : „…In order to combat crimes

affecting the financial interests of the Union, the Council, by means of regulations adopted in accordance with a special legislative procedure, may establish a European Public Prosecutor’s Office from Eurojust.”

Seemingly self-interest-like construction: states are governing by similar vital interests, however it is also related to policy-based factors (it is determined by e.g. regional policy, cohesion policy etc. what is really the financial framework, and therefore the financial interest itself)

(A)=derived form compromised interests of MSs

(B) and (C) = policy dependent interests

(C) Specific interest of the EU Eg. TFEU Article 86 : „…In order to combat crimes

affecting the financial interests of the Union, the Council, by means of regulations adopted in accordance with a special legislative procedure, may establish a European Public Prosecutor’s Office from Eurojust.”

Seemingly self-interest-like construction: states are governing by similar vital interests, however it is also related to policy-based factors (it is determined by e.g. regional policy, cohesion policy etc. what is really the financial framework, and therefore the financial interest itself)

(A)=derived form compromised interests of MSs

(B) and (C) = policy dependent interests

IV. INTEREST-BASED BARGAINING IN THE EU LEGISLATIVE PROCEDURE

IV. INTEREST-BASED BARGAINING IN THE EU LEGISLATIVE PROCEDURE

IV. Interest-based bargainingIV. Interest-based bargaining

Impact of the EU decisions: all important public policy areas are covered (single market, trade, environment, agriculture, regional policy, research and development, transport, public health, education and culture etc.)

EU lays down 80% of rules governing the production, distribution, exchange of goods, services and capital inside the EU

Impact of the EU decisions: all important public policy areas are covered (single market, trade, environment, agriculture, regional policy, research and development, transport, public health, education and culture etc.)

EU lays down 80% of rules governing the production, distribution, exchange of goods, services and capital inside the EU


Treaty of Lisbon – „Ordinary legislative procedure” Primary decision making mechanism Originally „Community Method”According to the Treaty of Lisbon, decisions are taken by the ordinary legislative procedure in about three quarters of all policy areas such as agriculture or the former third-pillar area of judicial cooperation in the field of criminal matters

Treaty of Lisbon – „Ordinary legislative procedure” Primary decision making mechanism Originally „Community Method”According to the Treaty of Lisbon, decisions are taken by the ordinary legislative procedure in about three quarters of all policy areas such as agriculture or the former third-pillar area of judicial cooperation in the field of criminal matters


European CommissionExclusive right of initiativeAutonomous Promotion of

the Union’s interest

European ParliamentDirect representation of

EU citizensInterests of the

Citizens?

CouncilNegotiations of national

interests(QMV)

Decision Making

Procedure

Decision Making ‘Triangle’

COREPER

Committees


National interest has influence in the Council The potential of this influence is limited if QMV But clever tactics can be successful European Parliament: national interest has significance, but only one of the effective factors (see lobbying at the EP) Commission: very restricted effects, e.g. in the Comitology (through the member delegated by the Government in the Committees)

National interest has influence in the Council The potential of this influence is limited if QMV But clever tactics can be successful European Parliament: national interest has significance, but only one of the effective factors (see lobbying at the EP) Commission: very restricted effects, e.g. in the Comitology (through the member delegated by the Government in the Committees)

V. DISCUSSIONV. DISCUSSION

V. DiscussionV. Discussion

Questions, remarks or suggestions are welcome

Questions, remarks or suggestions are welcome

THANK YOU FOR YOUR ATTENTION!

THANK YOU FOR YOUR ATTENTION!





February 2014)



February 2014)

national and supranational interests in the european union balazs horvathy

Documents

introduction slide

th century national

supranational interests

th century slide

national security advisor

discussion slide

postcrisis period national

ford slide