What Makes the EU Viable? This page intentionally left blank What Makes the EU Viable? European Integration in the Light of the Antebellum US Experience Andrew Glencross Lecturer in International Relations University of Pennsylvania, USA © Andrew Glencross 2009 Softcover reprint of the hardcover 1st edition 2009 978-0-230-22450-6 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6-10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2009 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries ISBN 978-1-349-30951-1 ISBN 978-0-230-24089-6 (eBook) DOI 10.1057/9780230240896 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Glencross, Andrew. What makes the EU viable? : European integration in the light of the antebellum US experience / Andrew Glencross. p. cm. Includes bibliographical references and index. ISBN 978-1-349-30951-1 (alk. paper) 1. European Union. 2. European federation. 3. Europe—Economic integration— Political aspects. 4. United States—Politics and government—1783–1865, 5. Political culture—United States—History—19th century. I. Title. JN30.G568 2009 341.242'2—dc22 2009013630 10 9 8 7 6 5 4 3 2 1 18 17 16 15 14 13 12 11 10 09 For my mentors: Graham Howes and Fritz Kratochwil This page intentionally left blank Contents List of Tables x Acknowledgements xi Introduction: Questioning What Makes the EU Viable 1 1 The Problem of Viability in a Compound Polity 7 1.1 Introduction 7 1.2 Viability as defined in relation to the ‘Rules of the Game’ of politics 8 1.3 Scenarios of viability in a compound polity 15 1.4 The theory of the compound polity and the issue of the units’ sovereign status 20 1.5 Comparing the EU with other political systems 24 1.6 Conclusion 31 2 Developing an Analogical Comparison between the EU and the Antebellum US Republic 32 2.1 Introduction 32 2.2 The attraction of transatlantic comparison 33 2.3 The caesura of the Civil War: The overlooked significance of antebellum political conflict 37 2.4 Comparing viability in the EU and antebellum US: A question of praxis not preconditions 43 2.5 Conclusion: Learning through analogy 51 3 Comparing How the Rules of the Game are Contested 53 3.1 Introduction 53 3.2 Viability and the conflict over the rules of the game of politics in the antebellum US 54 vii viii Contents 3.3 Contesting the rules of the game in the EU 63 3.3.1 Dual federalism v. joint federalism 66 3.3.2 A constitution for popular government v. a treaty system 67 3.3.3 A project for freedom v. a project for undefined ever closer union 69 3.3.4 A single fault line v. multiple fault lines 70 3.3.5 A party system and Supreme Court arbitrator v. politics of treaty reform and council arbitration 71 3.4 Conclusion 73 4 The Struggle to Maintain a Compound System: Creating and Contesting the Rules of the Game in European Integration 74 4.1 Introduction 74 4.2 The construction of the rules of the game of European politics, from the ECSC to the EEC 75 4.2.1 The Coal and Steel Community 76 4.2.2 The European Economic Community 79 4.3 After the EEC: Unexpected constitutionalization (ECJ), the first enlargement (UK) and democratic consolidation (Mediterranean enlargement) 81 4.3.1 The impact of the court on the rules of the game 82 4.3.2 British accession: Opening up the Pandora’s box of domestic politics 86 4.3.3 The Mediterranean enlargement round: Defining the Community’s democratic values 93 4.4 Maastricht and after: Questioning the purpose and nature of integration 97 4.5 Two steps forward but how many back? European integration’s dynamic equilibrium 107 4.6 Conclusion 112 Contents ix 5 Contrasting and Explaining the Viability of Two Compound Systems 113 5.1 Introduction 113 5.2 American dual federalism (with the highest functions of government) v. European joint federalism (with the most numerous) 115 5.3 A constitution for popular government v. a treaty system 118 5.4 A project for freedom (the union as a means to an end) v. a project for undefined ever closer union (integration as an end in itself ) 125 5.5 A single fault line v. multiple fault lines 131 5.6 A party system and Supreme Court arbitrator v. politics of treaty reform and Council arbitration 138 5.7 Conclusion: Recognizing what makes the EU viable 150 6 The Future Evolution of the EU Compound Polity: The Obstacles to Voluntary Centralization 152 6.1 Introduction 152 6.2 Dynamic equilibrium: A self-reinforcing process? 154 6.3 Compound polities and the problem of representing both states and individuals 161 6.4 How to manage the voluntary centralization of representation 169 6.5 The political process needed for justifying voluntary centralization 173 6.6 Conclusion 180 Conclusion: Implications for EU Studies and the Debate over the Future of Integration 182 Applying the insights of this study 184 Notes 189 Bibliography 206 Index 224