The European Union beyond Amsterdam The European Union is undergoing a period of fundamental change. With the next stages of enlargement and debates to determine the financial contributions of each member state underway, the European Union faces painful and protracted negotiations over its evolution and its future. The European Union beyond Amsterdam explores the fundamental structural challenges that the EU will continue to face in the twenty-first century. The contributors—all acknowledged experts in their field—look beyond the 1997 Amsterdam Intergovernmental Conference and such current problem areas as Economic and Monetary Union. They explore those crucial issues which they feel will be the subject of debate long after the pressing issues of today have been resolved. In the search for the factors that will determine the shape of the EU the contributors examine key problems and issues such as: democratising the Union; establishing a common foreign policy; the rule of law; and constitutional change. The theoretical approaches developed in this volume offer fresh and far-reaching contributions to the continuing debates surrounding the European integration process. Including a preface by Jacques Delors, it will be valuable reading to students, teachers, politicians, and journalists seeking insights into the evolution of the EU in the twenty- first century. Martin Westlake is Head of Unit for Institutional Relations in the European Commission, an Associate Member of the Centre for Legislative Studies at the University of Hull, and author of several authoritative works on the European Union and its institutions. The European Union beyond Amsterdam New concepts of European integration Edited by Martin Westlake London and New York First published 1998 by Routledge 11 New Fetter Lane, London EC4P 4EE This edition published in the Taylor & Francis e-Library, 2005. “ To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to http://www.ebookstore.tandf.co.uk/.” Simultaneously published in the USA and Canada by Routledge 29 West 35th Street, New York, NY 10001 © 1998 Martin Westlake for the collection; individual chapters the contributors All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloguing in Publication Data The European Union beyond Amsterdam: new concepts of European integration/edited by Martin Westlake. p. cm. Includes index. ISBN 0-415-16879-1 ISBN 0-415-16880-5 (pbk.) 1. European Union. I. Westlake, Martin. JN30.E9415 1998 341.242'2–dc21 98–5089 CIP ISBN 0-203-19611-2 Master e-book ISBN ISBN 0-203-19614-7 (Adobe e-Reader Format) ISBN 0-415-16879-1 (hbk) ISBN 0-415-16880-5 (pbk) ‘Point n’est besoin d’espérer pour entreprendre ni de réussir pour persévérer.’ (William of Orange) A CELEBRATION OF THE LIFE AND WORK OF JACQUES VANDAMME Photograph: Jacques Vandamme (centre) presiding over a recent TEPSA Conference. To his right are: Jacques Santer, President of the European Commission, and Wolfgang Wessels, Professor at the University of Cologne and TEPSA President. To his left are: Gil Carlos Rodriguez Iglesias, President of the Court of Justice, and Jean-Victor Louis, Professor at the Free University of Brussels and long-standing TEPSA member. Contents Contributors viii Foreword Jacques Delors ix Editor’s note xi 1 The book and the man Martin Westlake 1 2 The European Union’s ‘blind watchmakers’: the process of constitutional change Martin Westlake 14 3 Britain and Europe: the different relationship Andrew Duff 31 4 From closed doors to European democracy: beyond the intergovernmental conferences John Pinder 43 5 Making European foreign policy work Gianni Bonvicini 55 6 Flexibility, differentiation and closer cooperation: the Amsterdam provisions in the light of the Tindemans Report Wolfgang Wessels 68 7 The rule of law Jean-Victor Louis 89 8 For a democratic Europe Robert Toulemon 104 9 Dreams come true, gradually: the Tindemans Report a quarter of a century on Leo Tindemans 117 10 European federalism: opportunity or Utopia? Jacques Vandamme 128 Index 138 Contributors Gianni Bonvicini is Director of the Institute for International Affairs, Rome Jacques Delors, former President of the European Commission, is President of the College of Europe, Bruges, and Head of ‘Notre Europe’ Andrew Duff is the Director of the Federal Trust, London Jean-Victor Louis is Professor of Law at the Free University of Brussels John Pinder, OBE, is Professor at the College of Europe, Bruges Leo Tindemans, a former Belgian Prime Minister, is a Member of the European Parliament Robert Toulemon, a former Commission Director-General, is President of the French Association for European Union Studies, Paris Jacques Vandamme, Honorary President of the Trans-European Policy Studies Association, is Professor Emeritus of European Law at Leuven University Wolfgang Wessels is Professor at the University of Cologne and President of the Trans- European Policy Studies Association Martin Westlake is Head of Unit for Institutional Relations in the European Commission and Associate Member of the Centre for Legislative Studies at the University of Hull Foreword We are all Europeans but—if I may paraphrase George Orwell—some are more European than others. This book is a tribute to a man whose life and work sum up the richness and diversity that makes we Europeans what we are. In another time, Jacques Vandamme’s career could, like his ancestors’, so easily have gone another way; scion of two good military families, resistance member, British soldier… The tradition seemed set yet, as with so many of his contemporaries, Jacques emerged from the war period imbued not with militaristic fervour but with European militancy. Over many years, and in various guises, Jacques has fought for a good Europe. In his vision, Europe is strong and united, prosperous and competitive, firm and fair. But his Europe is also compassionate and understanding, consensual and inclusive, and—perhaps above all—culturally diverse. Jacques’ life has mirrored this vision, as all who know him and his family will attest. In intellectual terms, Jacques has devoted his energies to furthering his general vision, not by force-feeding his views on a potentially sceptical audience, but simply by encouraging exchanges of views and ideas in a European context. To give an example, TEPSA, the think-tank he helped found, now has a long-established tradition of pre- Presidency conferences in the member state concerned. Given the frequently fervently- held views of the participants, these conferences could so easily degenerate into pontification, with pro-integrationists earnestly telling forthcoming Presidencies what they should do. The reality is far from this. The exchanges are never less than two-way. TEPSA learns as much as the Presidency. It was ever thus: Jacques has always been a good teacher, but he has also always been a good listener. In this volume Martin Westlake has brought together contributions from a selection of some of Jacques’ closest friends and associates. Each contributor was given the same brief; to look beyond Amsterdam, beyond the obvious challenges of EMU and enlargement, to the underlying structural challenges which the EU will continue to confront as it advances into the twenty-first century. The result is a rich and rewarding collection of analyses, stretching from consideration of the process of constitutional change itself, through to the vital importance of democratisation and the rule of law, to the concept of differentiated integration. The contributors push boundaries and explore limits. They write very much in the tradition of Jacques’ quest for honest exchange. I cannot pretend to agree with everything they write, but I do agree with their general approach and, indeed, with the underlying theme of this work. Many of us might wish for some sort of constituent assembly and a fixed constitutional settlement. The frustrations of Maastricht and Amsterdam and of the ‘diplomatic method’ in general have led to repeated calls for such a settlement, and these calls will continue. It is no secret that I myself found the Amsterdam Treaty deeply disappointing. However, realism dictates a two-pronged approach. We could and should address ourselves to the question of what an ideal fixed European constitutional settlement might be. But, as Leo Tindemans’ chapter reminds us, we are unlikely to see
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