THE EUROPEANIZATION IDENTITY: The Culture affecting Its Civic Law, and Vice Versa

THE EUROPEANIZATION IDENTITY:

The Culture affecting Its Civic Law, and Vice Versa

ABSTRACTION:

European Union has become the political core in the Europe Continent, also in the World Level. Most of European Countries have considered the EU as a promising prosperous Union for a better future.Applicant Countries have to inherent the European Values and Manners, to be able to fulfill the entry criteria and pass the accession process.

The EU’s politics in its process, procedure, and hierarchy may be determined and well expressed by defining the term “Europeanization”, and followed by the Europeanization Identity” as the result, that will influence in Its Institutional Forms, who establishes the Laws based on the European Culture. As the reaction toward the Institutionalization European Culture, these Institution will affect the European Culture Development,as vice versa.

Judith M. Tomasowa, Se, M.Si
European Studies Postgraduate Program University Indonesia
Jakarta, 2004

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Introduction

Europe is one continent with many cultures, as verified by its geographic location that evolved to its own specific socio juridic. European Union can be considered as Europeanization towards all European countries, to make one general form of Europe. European Union will establish its Institution and Laws, that in the future will affect the European Culture Development Process, as vice versa.

At the beginning, European Union was formed as institutionalized culture of six Western European countries, European Coal and Steel Community (ECSC), Western Germany, France, Italy, Benelux states. ECSC as a pre-European Union institution, symbolized the ideology of Western European countries, that were peace and development of the New Europe. ECSC stood guard the values and manners that were considered as the true European values and manners against the non-European, such as the communism ideology that had been spread widely, from the leading country, Soviet Union.

ECSC had developed into another varied institutions in European Union, with the same spirit, that is to protect and to serve the European original culture development. By this term, European Union can be defined as a Europeanization that gives an identity to the Western European Members. The given identity known is an interesting-precious-and-prosperous status for Non-EU European countries.

The Non-European-Union-applicant countries have proposed themselves to become the new member, through some procedures that aimed to embrace the European values and manners, that inherent in the European Union constitution and treaties.

Europeanization

Cultures existed in Europe has been formalized three times, by Charlemagne, Napoleon I, who encompassed most of the European continent; and during World War II (1939-1945), German leader Adolf Hitler nearly succeeded in uniting Europe under Nazi domination. All these efforts failed because they relied on forcibly subjugating other nations rather than fostering cooperation among them. [1]

Early collaborative ventures were international or intergovernmental organizations that depended on the voluntary cooperation of their members. Consequently, they had no direct powers of coercion to enforce their laws or regulations. Supranational organizations, on the other hand, require members to surrender at least a portion of their control over policy areas and can compel compliance with their mandates. After World War II, proposals for some kind of supranational organization in Europe became increasingly frequent.[2]

European Union is the fourth effort to formalize European cultures, Europeanization, referring to[3]:

1. the territorial expansion of Europe's (or the EU's) borders (enlargement)
2. a process of European-level institutionalized
3. the export of European institution (rules, structures, norms) to the wider world
4. the strengthening of the European integration “project” or the “European Construction” as a political ambition
5. the domestic impact of European-level institutions

Europeanization contains two complementary models of territorial nation-states governance in an area of accelerating Europeanization[4], that are:

• Europeanization as unpacking models of government innovation

Severely challenged and hollowed out by multiple cross-border networks and transaction (Featherstone and Radaelli, 2003; Wessels, Maurer and Mittag, 2003). Advocating a causal chain between government decision-making and R&E policy. [5]

• Trans-governmental Imitation

Upheld despite the existence of multiple cross-border networks and that processes of Europeanization, ultimately, is crafted by government executive (Holsti, 2004; Moravscik, 1998). Europeanization is fostered by trans-governmental process of imitation that is loosely coupled to government decision making. [6]

The Territorial Borders Expansion

“Union shall be open to all European states with respect its valued and are committed to promote them together” Title 1, Article1(2) Draft of Constitution[7]. Procedures to join the European Union referred to the accession process, based on Article 49 of the Treaty on European Union (TEU) states that “any European state which respects the principles set out in Article 6 (1) may apply to become a member of the Union”. The principles contained such as “liberty, democracy, respect for human right and fundamental freedom, and the rule of law”. [8]

The principles contained in Article 6 (1) have revised in the Title 1, Article 2: The Union's Values, Draft of Constitution[9] became, the founded values of the Union are respect for human dignity, liberty, democracy, equality, the rule of law and respect for human rights.

Accession is a formal process which involves countries negotiating individually with the European Commission under the Article 0 (TEU), as the following steps[10]:

1. Formal application

Application submitted to the European Council.

2. Opinion (Avis)

The Council requests an opinion from the European Commission. The opinion is a detailed document, explaining the economic and political situation in the applicant countries, evaluating the ability to cope with membership, and making a recommendation to the Council.

3. Accession Conference

With an invitation to begin negotiations, the Council convenes an accession conference with representatives of the governments of the applicant countries, the Council, and the European Commission.

4. Negotiations

Each chapters of the acquis communautaire[11] is opened, negotiated, and, upon agreement, provisionally closed.

5. Agreement

Upon the closure of all chapters, the European Commission makes a recommendation to the Council on enlargement.

6. Approval by the European Parliament

The Approval is absolute majority required.

7. Ratification

Done by all the member and applicant states' parliament and in some cases by referendum.

Based on Title IX, Article 57(1), Draft of Constitution, the accession procedure as follow[12]:

1. Formal application

Application submitted to the Council of Ministers.

2. Notification of application

Application has to be notified to the European Parliament and the member states' national parliaments.

3. Opinion (Avis)

The Council requests an opinion from the European Parliament. The opinion is a detailed document, explaining the economic and political situation in the applicant countries, evaluating the ability to cope with membership, and making a recommendation to the Council.

4. Accession Conference

With an invitation to begin negotiations, the Council convenes an accession conference with representatives of the governments of the applicant countries, the Council, and the European Commission.

5. Negotiations

Each chapters of the acquis communautaire is opened, negotiated, and, upon agreement, provisionally closed.

6. Agreement

Upon the closure of all chapters, the European Commission makes a recommendation to the Council on enlargement.

7. Approval by the European Parliament

The Approval is absolute majority required.

8. Ratification

Done by all the member and applicant states' parliament and in some cases by referendum.

A Process of European-Level Institutionalized

The Export of European Institution (rules, structures, norms) to the Wider World

The establishment of the Union reflecting the will of citizens and States of Europe to build a common future, Title 1, Article 1(1), Draft of Constitution[13]. The objectives of the Union's based on the Title 1, Article 3, Draft of Constitution[14] are:

1. Promoting peace its values and the well-being of its peoples.
2. Offering an area of freedom, security and justice without internal frontiers, and a single market where a competition is free and undistorted.
3. Working for the sustainable development based on balanced economic growth, a social market economy, highly competitive and aiming at full employment and social progress, and with a high level of protection and improvement of the quality of the environment. Also, promoting scientific and technological advance; combating social exclusion and discrimination, promoting social justice and protection, equality between women and men, solidarity between generation and protection of human and children's rights; promoting economic, social, and territorial cohesion, and solidarity among Member States.
4. In its relations with the wider world, the Union shall uphold and promote its values and interests, and contribute to peace, security, sustainable development, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and protection of human and children's rights, also to strict observance and development international law, included the principles of the United Nations Charter.

Strengthening of The European Integration “project” or

The “European Construction” as

Political Ambition

European Union as international organization that has gone far beyond conventional definition of an international organization. EU as the forerunner of a European super state – a united states of Europe. It has a greatest powers over it members, and its members have much greater obligation both to the rules of the EU and to each other.

The Union and the member shall, in mutual respect, assist each other in carrying out task which flow from the Constitution. The member states shall facilitate the achievement of the Union's task and refrain from anything that jeopardize the attainment of Constitution's objective, Title I, Article 5 (2)[15].

EU has progressed the way to be political Union by harmonizing their laws, develop common policy of areas, worked increasingly in concert rather in competition with each other, and have been transferring power to a new European level of authority. [16]

EU institutions have only limited powers in selected areas, and the key decisions are still made, as a result of bargaining among the governments of the member states. EU plays a strong roles in the making of European policy ON aGRICULTURE, COMPETITION, THE ENVIRONMENT, SOCIAL ISSUES AND TRANSPORT, ISSUES SUCH AS TAXATION, EDUCATION, CRIMINAL LAW AND POLICING ARE STILL PRESERVE OF THE MEMBER STATES. [17]

The Domestic Impact of European-Level Institutions

Member states of the EU has focused its activity in three pillars which been used as a based rules for all. These pillars have a function supra national and guide institutions. They are European Economic Community (EEC), Common Foreign and Security Policy (CFSP) dan Justice and Home Affairs (JHA). For inter regional cooperation there are also

CFSP dan JHA.

CFSP was created as a forum discussion about issue-issue foreign policy, declaration and common policy which deals with the security and defense policy. CFSP has failed to reach agreement in the field of security and defense. For example France will implement Integrated European Military Force, Britain hopes of the engagement of the USA in NATO as the important key for peace in Europe.

Based on Amsterdam Treaty 1997 several aspects of the JHA has been replaced into EC supra national in the field of inter governmental, cooperation among polices against combating international crime, immigration and diplomatic immunity.

The EU Policy

The main objectives of the EU integration is a single market where a competition is free and undistorted, which will be reached in three ways:

v Common Commercial Policy

Rome Treaty 1957 adopted the Common Commercial Policy (CCP) and Common Agricultural Policy (CAP), continued with Common Tariff and Custom Union 1968 for all member states. Later on, in 1980 the EU established Common Fisheries Policy (CFP) which adopted as common rules in the EU's Territory and Fishery.

v Reducing Economic Differences

EU has tried to minimal economic gap regional through European Social Fund, European Regional Development Fund, the Cohesion Fund, dan European Investment Bank (EIB). These programs provide credit fund and grant to simulate economic growth in underdeveloped area, equivalent with 1% GDP.

v Stabilization Currencies of the Member States

At least the EU urges to stabilize the currency of each member states through European Monetary System (EMS). EMS will not only been prepared for the single market, but also been used to solve international economic problem especially for exchange rate.

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Study Cases Of EU's Recent Integration Process Development

1, How can those different constitutional traditions be reconciled?

The public and (continental) politicians expect much of a constitution. The reasons are generally differ, though: the public believe that the powers that be are domesticated and held in check by constitutional devices; and politicians seem to think that the sheer existence of an agreed constitutional document will enhance the legitimacy of their actions. National constitutional traditions differ.

The British, without a written constitution and would not dream of deeming their government illegitimate. Diceyan tradition will even have it that a written, i.e. ‘rigid’ constitution is detrimental to democratic politics as embodied in ‘parliamentary sovereignty’ (Dicey 1959). [18].

The Germans, think neither power nor authority legitimate which has not firmly and explicitly been vested with the constitutional blessing. German constitutional tradition knows no other sovereign than the constitution itself, nor any other source of legitimacy. Small wonder, then, that in the quest for a European constitution German expectations ran highest. To them, the ‘constitutional act’ seemed desperately needed to render the supra-national level of governance legitimate and to provide the proper basis for the emergence of a European collective identity (Fischer 2000 and Rau 2001) [19]

The need for a European constitution proper arises from:

the invisibility of the structures of Europe’s constitutional order. What is primarily asked of the constitutional document is to bring about ‘clarity and coherence about where [the EU’s] powers come from, and how decisions are made’[20].

The prominent part the ECJ has played in the development of the European quasi-constitution, alluded to above. It seems high time its major doctrines – never invested with the explicit consent of anybody – be incorporated in a document which does not only make them visible as an integral part of the constitutional order but exposes them to the consent or dissent of all partners to the constitutional contract. Both reasons apply even in the case that the constitutional document does not alter the contents of the (quasi-) constitutional order so far existing; even ‘mere consolidation’ would make sense.

The over-due ‘democratic baptism’ (Weale 1995) of the supra-national power structure. A democratic constitution is felt to be needed to close the EU’s ‘legitimacy gap’ and make up for its ‘democratic deficit’. Yet while most observers would agree with the first two reasons many would not do so with the third – not least because of divergent views about what the essence of a democratic constitution is. Clarity, visibility, coherence, legal security etc. are all preconditions of public accountability but not sufficient preconditions of democracy. The latter may, in the view of some, entail a ‘substantive normative conception’ – of ‘the good’, or of justice, for instance – and thus ‘reflect basic ethical choices of a given political community’ (Menéndez 2003) which presupposes a collective identity united by a consensus on fundamental values. This is exactly why some authors argue that it is too early days yet for the democratic constitutionalisation of the EU because Europe lacks the respective collective identity or demos so far (see Grimm 1995). Does this, in point of fact, lead us back to the difference between constitution and constitutional treaty? In practical life, however, democracy boils down to the right of citizens to participate in the collective decisions they are subjected to, irrespective of common values. And since the status of European citizen has been firmly established already (not least by the ECJ) even a constitutional treaty may be expected to grant the respective rights, thus closing the gap to the ‘normal’ democratic constitution (which must not be mixed up with its counterfactual ideal, anyway).

2, The question of “deepening” or “widening,” which one more important for the EU?

Will EU give privilege for continuing integration process or gives priority for the enlargement? Turkey accession might bring internal problems for the current EU-member states because of the labor workers, which will disturb the full employment situation in EU. EU pays also attention for democracy and human right in Turkey.

3, The conflict between “supranationalism” and “intergovernmentalism” shows big differencies in the case of principle of supranational and national government especially in foreign policy and judicial affairs. The CAFTA Agreement and Monetary Union are the corner stone of attention of the EU.

Conclusion

In the effort to implement Europeanization the EU needs five important elements: the territorial expansion of Europe's (or the EU's) borders (enlargement)

1. the territorial expansion of Europe's (or the EU's) borders (enlargement)
2. a process of European-level institutionalized
3. the export of European institution (rules, structures, norms) to the wider world
4. the strengthening of the European integration “project” or the “European Construction” as a political ambition
5. the domestic impact of European-level institutions

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Cini, Michael. (2003) European Union Politics. New York: Oxford University Press.

Dimitrova, Antoaneta and Rhinard, Mark. (2005) The power of norms in the transposition of EU directives, in the European Integration online Papers (EIoP) Vol. 9 (2005)N°16.

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Dunford, Mick (1998) Regions and Economic Development, in Regions in Europe. (Editor: Patrick Le Gales and Christian Lequesne. London and New York: Routledge. Hal. 89-107.

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[1] http://encarta.msn.com/encyclopedia_761579567_8/European_Union.html#p55

[2] Loc.cit

[3] Cini, Michael. (2003) European Union Politics. New York: Oxford University Press, p.333

[4] Trondal, Jarle (2005): Two Worlds of Europeanization. Unpacking Models of Government Innovation and Trans-governmental Imitation, European Integration online Paper (EioP) Vol.9 No.1, p 1

[5] Ibid, p.4

[6] Ibid, p. 4

[7] Draft Treaty Establishing Constitution for Europe, The Europe Convention, (2003) Title 1 Definition and Objectives of the Union, Article 1 Establishment of the Union phrase (2)

[8] Cini, Michael. Op cit, p.214

[9] Draft Treaty Establishing Constitution for Europe, The Europe Convention, (2003)Title 1 “Definition and Objectives of the Union”.

[10] Cini, Michael. Op cit, p. 215

[11] The body of European Treaties, laws, and norms.

[12] Draft Treaty Establishing Constitution for Europe, The Europe Convention, (2003)Title IX Union membership Article 57 condition of Eligibility and procedure for accession to the Union.

[13] Draft Treaty Establishing Constitution for Europe, The Europe Convention, (2003) Title 1 “Definition and Objectives of the Union”, Article 1 Establishment of the Union.

[14] Ibid, Article 3 the Union Objectives.

[15] Draft Treaty Establishing Constitution for Europe, The Europe Convention, (2003)Title 1 “Definition and Objectives of the Union”, Article 5 Relations between the Union and the member states.

[16] McCormick, John. (2001) The European Union: Expanding and Deepening, in European Politics in the Age of Globalization. (Editor: Howard J. Wiarda). Harcourt College Publisher.p.414

[17] Ibid, p. 415

[18] Urwin, Derek W. (2005): A Political Historical of Western Europe Since 1945 and The Community of Europe. University of Aberdeen Publisher.p.15-25,

[19] Loc.Cit.

[20] Straw, Jack, in: The Economist July 10^th 2004: 30