amsterdam negotiating diff in the 1996

345 Pages·2014·20 MB·English

AMSTERDAM
NEGOTIATING DIFF
IN THE 1996
Alexander Cai-Gdran Stubb
London School of Economics and Political Science
Department of International Relations
UMI Number: U615822
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Abstract
The thesis analyses the development of the concept of flexible integration in the
1996-97 Intergovernmental Conference (IGC) of the European Union (EU) and
outlines an array of ideas, interests and issues at stake for the actors in the
negotiations. The thesis has two objectives: (1) to explain the 1996-97 IGC process
of negotiation which led to the institutionalisation of flexible integration in the
Amsterdam Treaty and (2) to analyse the substance of the flexibility debate from the
early 1970s to the present day. The research aims to show that flexibility comes to
the fore whenever at least one of the following five issues is debated on the
European level: (1) economic and monetary union, (2) free movement, (3) defence,
(4) enlargement and (5) the exclusion of recalcitrant member states. The 1996-97
IGC was exceptional in that it met all the five criteria which have a tendency to
trigger the flexibility debate.
The thesis has three basic lines of argumentation. The first relates to the ICC
process, the argument being that th e 1996-97 IGC negotiations on flexibility were in
incremental learning process where the basic positions of the member governments
illustrated some continuity, but the specific positions of the negotiators fluctuated
with the dynamics of the negotiations. The second line of argumentation relates to
the concept of flexibility itself (substance), the argument being that one of the nain
difficulties with the flexibility negc Nations was that flexibility meant different thinus to
different people. Member governments did not necessarily agree about its purpose.
The final strand of argumentation relates to the key players in the flexibility debate.
Although all member states, large and small, played an important role in the IGC
process, the most influential actors in the 1996-97 IGC were the civil servants of the
respective Presidencies and the Council Secretariat.
Contents
Summary o
■
Abstract
Acknowledgements
List of abbreviations
List of tables
INTRODUCTION - 1
Objectives, methodology, structure and sources
PART I - THE SUBSTANCE
CHAPTER 1- 12
A framework analysis for the 1996-97 IGC negotiations on flexible integration
CHAPTER 2 - 35
Towards clarity in the flexibility debate: definitions, categories and examples
CHAPTER 3 - 68
An assessment of the flexibility clauses in the Amsterdam Treaty
PART II THE PROCESS
-
CHAPTER 4 - 95
The agenda seeing stage: from Corfu (June 1994) to Turin (March 1996)
CHAPTER 5- 158
The decision-shaping stage: from Turin to Dublin II (December 1996)
CHAPTER 6- 211
The decision-taking stage: from Dublin II to Amsterdam (June 1997)
CONCLUSION - 262
The process of the 1996-97 IGC and the substance of flexible integration
Bibliography
Annex 1 - List of Interviews
Annex 2 Expert Group Hearings and Participants
-
Contents
Contents
Abstract
A cknowledgements
List of abbreviations
List of tables
INTRODUCTION
Objectives, methodology, structure, argument and sources
INTRODUCTION 1
OBJECTIVES 2
METHODOLOGY 3
STRUCTURE 5
ARGUMENT 7
SOURCES 9
Contents
PART I - THE
CHAPTER 1
A framework analysis for the 1996-97 IGC negotiations on flexible integration
INTRODUCTION 12
1. THE NEGOTIATING ENVIRONMENT 15
1.1. Multi-level negotiation 16
1.2. Multilateral negotiation 19
1.3. The repetition of the negotiating pattern and the relationship between negotiators 21
1.4. The need to achieve agreement 22
2. THE NEGOTIATING PROCESS 23
2.1. Scope, layers and issue-linkage 23
2.2. Compromise and coalition building 25
2.3. Side-payments and time constraints 26
3. THE NEGOTIATING STYLES 27
3.1. Negotiating styles 27
3.2. Bounded rationality 29
CONCLUSION 34
Contents
CHAPTER 2
Towards clarity in the flexibility debate: definitions, categories and examples
INTRODUCTION 35
1. THE EVOLUTION OF THE THEORETICAL AND POLITICAL DEBATE ON
FLEXIBILITY 38
1.1. The first wave of the flexibility debate - 1974-1978 38
1.2. The second wave of the flexibility debate- 1979-1991 40
1.3. The third wave of the flexibility debate -1992-97 45
1.4. Lessons from the flexibility debate since 1974 48
2. TOWARDS CONCEPTUAL CLARITY: MERGING THEORETICAL AND
PRACTICAL FLEXIBILITY 49
2.1. Some general considerations 50
2.2. From multi-speed to transitional clauses 53
2.3. From variable geometry to enabling clauses 57
2.4. From & la carte to case-by-case and pre-defined flexibility 61
2.5. Comparisons 63
CONCLUSION 66
Contents
CHAPTER 3
An assessment of the flexibility clauses in the Amsterdam Treaty
INTRODUCTION 68
1. ENABLING CLAUSES 69
1.1. General enabling clauses in the TEU (articles 43-45) 70
1.2. Specific enabling clause in the TEC (article 11) 75
1.3. Specific enabling clause in the TEU (article 40) 77
1.4. Summary of the enabling clauses 79
2. CASE-BY-CASE FLEXIBILITY 80
2.1. Article 23 - constructive abstention 81
3. PRE-DEFINED FLEXIBILITY 82
3.1. Protocol No. 2 - the incorporation of Schengen 83
3.2. Protocol No. 3 - the United Kingdom and Ireland on border control 86
3.3. Protocol No. 4 - the UK and Ireland in title IV 87
3.4. Protocol No. 5 - on the position of Denmark 89
3.5. Summary of pre-defined flexibility 91
CONCLUSION 92
Contents
PART II - THE
CHAPTER 4
The agenda setting stage: from Corfu (June) 1994 to Turin (March 1996)
INTRODUCTION 95
1. THE POLITICAL CONTEXT - FROM MAASTRICHT TO CORFU AND BEYOND
98
2. FROM CORFU (JUNE 1994) TO ROME (JUNE 1995) - SCHAUBLE AND
LAMERS 101
2.1. Launching the flexibility debate - September 1994 102
2.2. Reactions to SchSuble and Lamers 107
3. FROM ROME (JUNE 1995) TO MADRID (DECEMBER 1995) - THE
REFLECTION GROUP 128
3.1. The reports of the institutions - the first verdict 129
3.2. The work of the Reflection Group 131
3.3. The state of the flexibility debate in December 1995 - environment, process and style 145
4. FROM MADRID (DECEMBER 1995) TO TURIN (MARCH 1996) - THE
REPORTS OF THE MEMBER STATES 147
4.1. The political impulse - the Franco-German push 147
4.2. Categories of membe states’willingness and ability 148
CONCLUSION 154