8/3/2019 CC Courses 1+2

1/13

CULTURE AND CIVILIZATION

The reminder of the course:

1. European Construction, a marching troop or an endless road

2. Institutional System and the new judicial shape

3. European Symbols and particularities

4. Integration theory

5. European Policies

6. Dynamics and convergence inside European Union

2011

1

8/3/2019 CC Courses 1+2

2/13

1. EUROPEAN CONSTRUCTION, A MARCHING TROOP OR ANENDLESS ROAD

1.1. END OF THE COLD WAR. MARSHALL PLAN

The idea of organizing at Pan European level the relationships betweennations is not a new one. The states and the citizens of Europe tried in time, indifferent forms and with different occasions, to build common institutions, basedon certain traditions and values, facing different provocations starting with certainarmed conflicts and ending with the necessity of harmonizing the economic andsocial development for the purpose of prosperity and stability.

After the Second World War, the crack between Soviets and Occidentalsrepresents the starting point of the cold war. Thus, it has resulted Two Europes(Western Europe and Eastern Europe) separated by the iron curtain, around1947.

The European Union idea is launched again immediately after the end of

World War II as means of reconciliation between France and Germany. At ameeting that took place in Zurich in Switzerland, on the 19 th of September 1946,Winston Churchill spoke about the necessity of building the United States ofEurope (without including the United Kingdom), taking as model the federationrepresented by the USA, with the purpose avoiding the implication of theEuropean states in a new world war. On this occasion, it is launched the idea ofcreating a European community at political level in order to avoid a new conflictbetween European states, and at economical level in order to reconstruct theeconomies of the regions countries. Putting this project into practice has provento be very difficult. The setbacks of the different trials have not been few. In ordernot to carry the risk to compromise forever the idea of European unity and its

stability, the founders of the European Communities foresaw the progressiverealization of certain structures that should lead to the increase de facto of thesolidarity between the European economies and states. The model concretizedfirstly in the merging of the European markets with the purpose of accomplishing,in the long run, the political integration and the realization of the Political Union.Firstly, the Europe Market has been accomplished and the Europe Powerwill be accomplished if it would be possible as well.

For the reconstruction of European economies devastated by the SecondWorld War, the general George Marshall, in his speech at Harvard University onthe fifth of June 1947, launched a new program known as Marshall Plan. Itrepresents an American aid conditioned by the realization of a common

organizational structure. Thus, in 16th

April 1948, European Organization forEconomic Cooperation (EOEC) has been created in Paris in order to set up theMarshall Plan or the ERP (European Recovery Program). The American aidamounted between 1948 and 1952 to 14 billion US dollars of which 85% were inthe form of donations (material or food), and the rest of sum was in the form ofcredits and no reimbursable subventions. The main receivers were: the UnitedKingdom 24%, France 20%, Italy 11%, Western Germany 10%, the Netherlands8%, and the rest for other countries. In political frame, the program represented

2

8/3/2019 CC Courses 1+2

3/13

the efforts for limit the communist block extension. The EOEC has been chargedfirstly with the distribution of the American aid before starting effectively theEuropean construction. The EOEC played also an important role in theorganization of the progressive liberalization of exchanges (diminishingcontingencies) and of creating the European Union of Payments (EUP) in 1950.

Achieving its objectives this organization EOEC leaves space in 1960 to anotherorganization, named OECD which is not exclusively European, and whose maintask is to publish reports on the economic situation of the member states and ofother states by comparison. The countries of the Central and East Europerefused Marshall Plan, under the Union of Soviet Socialist Republic (USSR)pressure, joining in 1949 to Council for Mutual Economic Aid.

1.2. TREATY OF PARIS. SCHUMAN PLAN

The starting point of European unification process is represented by thedeclaration of the French minister of external affairs, Robert Schuman, in the 9th

of May 1950 (a plan fixed together with Jean Monnet). That speech, titled asSchuman Plan for European integration, foresaw the settlement of a commonunique authority for the whole coal and steel production of France and FederalRepublic of Germany. The French initiative captivated quickly the Germanyinterest, because of its chancellor, Konrad Adenauer, interest in reconciliationbetween France and Germany, and also in reintegration of his country in theframework of developed western countries. This declaration represents the birthcertificate of European Coal and Steel Community (ECSC), the base ofcommunitarian construction, concretized by signing of the Treaty of EuropeanCoal and Steel Community, in Paris at the 18 th of April 1951. The Treaty of Pariswas in progress at the 25th of July 1952, after it was signed by all six founding

countries: France, Federal Republic of Germany, Italy, Belgium, the Netherlands,and Luxemburg1. The Treaty of Roma was set up for 50 years, and after 2002,ECSC is used as a financial tool for research and development in mines industry.

The ECSC has been the first common coal and steel market of the sixmember states, eliminating tariff and non-tariff barriers for these products. The unified market of coal and steel has been regulated by a

central organism with decisional power from the member states.

The High Authority of Coal and Steel composed of nineindependent personalities with Jean Monnet as its first presidentwas the first demonstration of super-nationality.

From economic point of view, the ECSC action benefits from the

reconstruction of the western European countries and of the positiveeffects of free trade inside a bigger market.

During 1950-1960 free trade was little represented at global level, whichallowed the European industry to develop sheltered by the relatively highbarriers towards other countries.

1 The Benelux countries is an economic union created in 1947 between Belgium, the Netherlandsand Luxemburg

3

8/3/2019 CC Courses 1+2

4/13

The ECSC also meant the first step in defining a European industrialpolicy for solving the contradictions between national industrial policiesand the high Authority.

The High Authority contributed not only to harmonise the competitionframework between the European producers, but also helped channelling

the market by coordinating investments carried out under itsresponsibility.

1.3. THE TREATY OF ROMA (THE CREATION OF THE EUROPEANECONOMIC COMMUNITY)

1. The Messina conference (1955)The ministers of external affairs of the six ECSC countries met in 1955 in

Messina (Italy); they decided on creating a customs union and a commonmarket and a progressive harmonization of the social policies. The Belgianminister of external affairs Paul Henri Spaak presents a report which will be

the base of the future European Economic Community.2. The Treaty of Rome (1957)

The signing (by the sixth founders states) of the Rome Treaty on the 25 th ofMarch 1957 gives birth to the European Economic Community (henceforth EEC).The treaty is only a starting point which foresees ensuring economic and socialprogress of their countries by common action to eliminate barriers which divideEurope (preamble). A second treaty, signet on the same day, institutes theEuropean Community of Atomic Energy (EURATOM) which intends to favour thedevelopment and the use of atomic energy in peaceful purposes in Europe.

Treatys objectives

Accomplishing a common market based firstly on a Customs Union; Establishing common policies (agriculture, transport, external trade); Creating an European Social Fund (ESF) and an European Investment

Bank (EIB);

Extending the Union to other European democratic states (the unitedKingdom, for example);

New institutions to achieve better these different missions. The common market is an objective following the custom union and

means beside the free movement of goods, ensuring the free movementof services, capital and workforce.

The European Social Fund (ESF): was created in 1960 and financed by

contributions from the member states (each trying to recuperate what itcontributed). This fund was meant to improve living conditions in theunion. The ESF has though a limited role.

The European Investment Bank (EIB): created in 1957. It is a financialinstitution of the union. The banks capital is subscribed by the memberstates. The EIB intervenes by investments (loans) given to differentmember states. The EIB is an autonomous institution lending on theshare markets. It contributed to bring to advantage the lesser favoured

4

8/3/2019 CC Courses 1+2

5/13

regions, to improve the transport infrastructure, to protect the environmentand to sustain small and medium enterprises.

Great Britain refused to participate, that will create in 1960 at Stockholm theEuropean Free Trade Association (EFTA) with Austria, Denmark, Switzerland,Norway, Portugal, and Sweden.

1.4. THE TREATY OF BRUSSELS

The distinctive executive organs of the ECSC, EEC and EURATOM mergeon the 8th of April 1965 (this merger becomes effective on 1st of July 1967), bysigning the Treaty of fusion of the three European communities (ECSC, EEC,EURATOM).

Ten years from signing the treaties (1698) the customs duties between theEEC member states are abolished. The Customs union is achieved; a CommonExternal Tariff (CET) for third countries enters into force.

Although the three communities keep themselves their judicial personality,

they will have common institutions: European Commission (resulted by the fusionof the High Authorities with EEC Commission), European Communities Council,the European Court of Justice and Parliamentary Assembly (the Parliament titleis given by European Single Act, in 1986). The official title of the Europeanconstruction is European Communities, but it used the collocation EuropeanCommunity, EEC or EC.

1.5. FROM 6 TO 9, TO 10, AND THEN TO 12

The Treaty of Roma stipulates any European country may ask to becomemember of the Community.

The United Kingdom remained outside the ECSC from the beginning; itbecame the founder of the European Free Trade Association (EFTA). The EFTAhas been founded in 1960. Around the United Kingdom were grouped Sweden,Switzerland, Austria, Iceland, Finland, and Portugal. Weakened by the accessionof the United Kingdom, Denmark and Portugal to the EEC, the EFTA countriesstarted to develop their relations with the EEC. In 1993 the setting up of theEuropean Economic Area (EEA) as a free trade area has been proposed. TheSwiss No to the 1992 referendum postponed the entering into force of the EEA.The adhesion in 1995 of Sweden, Austria and Finland to the European Unionmarked actually the end of EFTA.

The United Kingdom requested to join the EEC in 1961, 1967 and 1970.The French president, general de Gaulle opposed two times the Britishcandidature, because England asked for conditions which in the eye of theFrench were unacceptable, as for example redesigning the treaties. Moreover,England has been against the Common Agricultural Policy (CAP). After generalde Gaulle left power the negotiations ended by admitting England in the EU.

On 1st January 1973, the United Kingdom, Denmark and Ireland joined EEC.The Europe of six became the Europe of nine. The United Kingdom keptremaining a difficult partner. The English prime minister, Harold Wilson

5

8/3/2019 CC Courses 1+2

6/13

renegotiated the adhesion treaty in 1974; later, Margaret Thatcher obtained newfacilities on the British contribution to the EECs budget by using the famousformula I want my money back.

The EMS was set up in March 1979 for instituting currency and exchangerate stability in Europe and on long-term price stability and a higher convergence

of economic policies. It is based on the ECU and on the exchange ratemechanism.Three new Mediterranean countries integrated in the EEC: Greece on 1st

January 1981, Spain and Portugal on 1st January 1986 Europe of nine becomingnow Europe of twelve. The twelve stars will mark forever the Unions flag.

In the framework of high level reunion of Fontainebleau, in 25-26 June1984, it was adopted also the concept of the Europe of the citizens, thatsupposed not the coalition of the states but the union of the peoples.

1.6. THE SCHENGEN CONVENTION

The Agreements signed on 14 June 1985, completed with the SchengenConvention (19 January 1990) foresee the following:

Common measures to control immigrations from outside the EC,especially from Eastern Europe;

Defining an asylum and immigration policy and fight againstclandestine work and stay;

Examining asylum requests in the first country of the Union where theasylum has been requested;

A list of countries whose citizens must have visas on entering theSchengen space (more than 100 countries);

Community informatics files for fight against terror or theft. The

Schengen Information System (SIS) allows national polices toexchange information and to exercise rights to pursue criminals onthe territories of other member states, action performed by theEuropean police office (EUROPOL) set up by the Maastricht Treaty(in Hague functions already a unit anti drug of Europol).

The Schengen agreements was partially put into force on 25 March 1995for seven signing states: Federal Republic of Germany, the Benelux, Spain,France, and Portugal. These member states started to apply these agreementson eliminating border controls at common borders.

Not all signing countries (it was the case of Austria, Greece, Italy) were ableto integrate themselves in the Schengen Space at the foreseen date because

they did not meet all the certain requirements, known as Schengen acquis,(Spain and the Netherlands tolerate easy drugs), then further the difficult problemof foreign frontiers and of clandestine immigration both from the East as well asfrom the South.

The Convention is applied since 18th April 1996 as well as by states thathave not signed the Schengen Agreements: Denmark, Finland, Sweden, Icelandand Norway. Border controls are maintained at the borders with Ireland and theUnited Kingdom.

6

8/3/2019 CC Courses 1+2

7/13

After the signing of the Treaty of Amsterdam, this cooperation frame will beincluded in communitarian acquis (acquis communautaire).

Austria acceded to the Schengen Agreement in 1997 and the Nordiccountries Denmark, Finland, Iceland, Norway and Sweden in 2000 (even ifneither Iceland nor Norway is EU member states). Czech Republic, Estonia,

Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia implementedSchengen acquis in 2007. Switzerland prepared itself beforehand for applyingSchengen Agreement since 2008 regarding land borders, and since 2009regarding checks at airports. Bulgaria, Romania and Cyprus settled theSchengen acquis only in part and consequently do not issue Schengen visas.

1.7. THE WHITE BOOK: THE CHARTER OF THE COMMON MARKET ANDTHE FULFILMENT OF THE TREATY OF ROME

The Cecchini Report published in 1988 under the title The Costs of Non-Europe presents the potential advantages of eliminating non-tariff and other

barriers (physical, technical and fiscal).The European Commission published on 14 June 1985 the White Bookwhich counts all barriers impeding the accomplishment of the internal market.

The White Book proposes an ensemble of legal texts which should eliminateobstacles from the path of accomplishing the Common Market.

The White Book presents the consequences of eliminating each barrier andstipulates the necessary accompanying measures.

The White Book is both a program and a calendar for accomplishing theCommon market and instituting the Single Market in the period 1985 1993.

1.8. THE EUROPEAN SINGLE ACT - JURIDICAL EXPRESSION OF THE

WHITE BOOK

The Single Act materializing the proposals of the White Book, is signed on17th February 1986 by the representatives of the twelve governments, it is ratifiedby all member states before its entering into force, on 1st July 1987. From juridicalpoint of view it is a treaty.

The Single European Act intends to strengthen economic and socialcohesion by reducing the lag between the lesser developed regions and the mostfavored ones.

On 1st of January 1993 the Common Market set up by the Rome Treaty of1957 became officially a Single Market without internal frontiers. Its objective is toinsure the free movement of goods, services, capitals and persons.

Internal physical, fiscal and technical frontiers opposing the free movementof goods have been eliminated.

Customs controllers, fiscal or veterinary inspectors have disappeared fromthe borders between the Unions member states.

The European Single Act adopted in 1987 by the heads of the memberstates and governments, which represents the first review of the Treaty of Rome.This stipulates in its preamble the will to transform the ensemble of the relations

7

8/3/2019 CC Courses 1+2

8/13

between the member states in a European Union and approves the objective ofa progressive realization of an Economic and Monetary Union.

1.9. THE TREATY OF MAASTRICHT

The Treaty of Maastricht or the Treaty on the European Union (TEU) gives anew momentum to the European construction and reveals the new politicaldimension, profoundly difficult of the continuation of the European project asmuch covered by its economic and commercial cover.

The Treaty has 7 titles regrouped in three pillars:

the first pillar, which modifies the treaties relative to the institutedEuropean Communities. The European Community (the new name ofthe European Economic Communities EEC including ECSC and theEURATOM) titles 2 to 4 of the TEU.

The second pillar, covers a new area, never approached in the Europeanaccords and treaties: the common foreign and security policy (CFSP), title

5 of the TEU. The third pillar initiates a co-operation in the areas of justice and home

affairs (title 6 of the Treaty).

THE MAASTRICHT TEMPLE: SUPRANATIONAL ANDINTERGOVERNMENTALISM

Figure 1.1. The Three Pillars of the Maastricht Treaty

8

MAASTRICHT TEMPLE

3rd Pillar (JHA)2nd Pillar (CFSP)1st Pillar (EMU)

The EuropeanCommunityThe European Coaland Steel CommunityEURATOM (Titles II, IIIand IV of the treaty ofMaastricht)

The Common Foreignand Security Policy

(CFSP)

Justice andHome Affairs

(renamed since 2003)

Police and JudicialCo-operation inCriminal Matters

The Communitymethod

The Importance of theCommission

Intergovernmental Intergovernmental

8/3/2019 CC Courses 1+2

9/13

9

A. New level ofEuropean integration

(B, C, D)

B. Development ofsupranational

C. Deepening of democracy

1. Implementation ofthe Treaty

1. New competences

1. Birth of the citizenship

Before the completionof the great market of1993, the Europeanstates decided on

deepening the

European construction.This ahs beentranslated by adopting

a new treaty at theSummit of Maastricht,

on December 10th,1991.

The treaty has beensigned by the heads of

state and ofgovernment on

February 7th, 1992.

They are exercised inthe areas of consumer

protection, public

health, industrial policy,transeuropean

networks, culture, etc.The Union continues toset a social Europe inmotion, but without theUnited Kingdom, whoobtained an opting-out

clause.

The citizens of the Union have theright to vote and to be elected in

municipal and European elections,as well as the right of free stay inany member state. They benefit,

outside the EU, of consularprotection of other states than theirown. The rights to petition, as wellas the naming of a mediator are

foreseen.

2. Birth of theEuropean Union

2. Cohesion funds

2. Subsidiary principle

It is granted to prevent the excesscommunity intervention

The subsidiary principle: in the

areas not in the exclusivecompetence of the Union, it does

not intervene, according to thesubsidiarity principle, only if the

purposes of the action cannot berealised in a sufficient manner bythe member states (article 32 of

Title II of the Treaty).

MAASTRICHT TREATY

The treaty on theEuropean Union has

been ratified by each ofthe twelve member

states of the Union, theDanes being the lastones after a second

referendum in June1993.Following this act, theEuropean EconomicCommunity (EEC)

became the EuropeanCommunity and then,

on November 1st , 1993,the European Union.

The treaty establisheda Committee of the

Regions and added tothe existing structural

funds an economic andsocial cohesion fund,whose main objective

is to help lessdeveloped countries

(Greece, Ireland,Portugal, Spain) to beable to participate to

the construction of theEconomic and

Monetary Union at theproposed deadlines.

3. European Parliament

New rights are given to theEuropean Parliament: the approval

of the Commission whosemandate length coincides with thatof the Parliament, the participationto the legislative powers (the co-

decision procedure with theCouncil) and the right to have

legislative initiative.

8/3/2019 CC Courses 1+2

10/13

In the terms of the Maastricht Treaty, the European Union comprises twocomponents: 1. the Economic and monetary Union, and 2. the Political Union.These two fundamental components assign the commitment of the memberstates:

a) to endow themselves with a single currency;

b) to enlarge the area of competences of the Community with new areas,especially where consumer protection is concerned, public health, Trans-European transport networks, cooperation for development, industrialpolicy, education, training, culture, environment protection, technologicalresearch and development, social policy;

c) to create an European citizenship;d) to increase the powers of the European parliament;e) to set up a cooperation in the areas of justice and home affairs between

the member states;f) to establish among the member states a common external and security

policy.

1.10. THE EUROPE OF THE FIFTEENTH

The European Union had always faced the problem of deepeningintegration versus that of enlargement asking the problem of its spaceboundaries.

In May 1994, the European Parliament in Strasbourg decided with amajority of votes for the enlargement of the EU with other four EFTA countries.Their populations were asked in referendum in 1994 to pronounce themselvesover the countries accession the EU. In Austria 66% of the population voted foracceding, in Finland 57%, in Sweden 52%. These three countries became

member states of the EU on the 1

st

of January 1995. 52% of Norways populationby voting with No kept the country outside the EU. Norway tries to maintain itsown identity especially in areas as oil and fishing.

Switzerland, another EFTA country suspended its candidature to the EUafter the failure of the referendum on European Economic Area (EEA) on the 6 th

of December 1992.

1.11. THE TREATY OF AMSTERDAM

The Treaty of Amsterdam represents the results of negotiations starting atTorino on the 29th of March 1996 and finished at Amsterdam, on the 17th of June1997. It was signed in 1997 and was put into force in 1999, amending previouscommunitarian treaties, in order to find solutions for problems such as:

- the elimination the barriers in free movement of goods and services- the vote share in EU Council- the allocation of the places in European Commission- the regulation regarding the polices of justice and home affairs, a

Community area of freedom, security and justice- the settlement of a Common Foreign and Security Policy (CFSP)

10

8/3/2019 CC Courses 1+2

11/13

- the transformation of European institutions and mechanisms inorder to have a proper functioning for an extended EU (from 15 to27 or more).

Furthermore, the Treaty introduces a new concept of strengthenedcooperation for widening the European integration.

1.12. THE TREATY OF NICE

Treaty of Nice was signed on 26th of February 2001 and entered intoprogress on the 1st of February 2003 (delay because of Ireland). This Treatycontains issues for widening the European integration by improving decisionalmechanism in enlargement process view. Most of EU institutions have knownmodifications both regarding organisation and competences: the number ofEuropean Parliament members increased, votes share in EU Council waschanged, the number of European commissioners can be changed by EUCouncil decision etc.

1.13. LISBON STRATEGY

The politicians known until 2000, that European economy had to be deeplyreformed in order to maintain its competitiveness with United States and othergreat actors of world economy. European Council in Lisbon, on 23rd -24th ofMarch 2000, had central aim to define for EU a new strategic target, in order tocontinue the consolidation of labour market, of economic reforms and socialcohesion in the frame of economy based on knowledge. Lisbon Strategy hasforeseen "make Europe, by 2010, the most competitive and the most dynamicknowledge-based economy in the world" able for sustainable economic growth,

with better and more workplaces and a powerful social cohesion. Lisbon Strategywas based on: scientific research, education, innovation, knowledge economy,techno-economic paradigms, technology governance, internet network and on-line transaction, and also the reform of European social protection system.

1.14. THE ENLARGEMENT TOWARS THE EAST

After the fall of the Berlin wall (the 9 th of November 1989), the EuropeanCouncil at Strasbourg adopted on the 9 th of December 1989 the reunification ofGermany and decided the setting up of the European Bank for Reconstructionand Development (EBRD) for helping the Eastern European countries.

For the integration of the Central and Eastern European countries in the EUthere have been set down certain requirements that have to be met by thesecountries. These conditions have been set down by the European Council inCopenhagen in June 1993, such as:

- a democratic regime respecting human rights and the rights of minorities;- a market economy open and competitive;- the capacity to integrate the communitarian acquis in all areas of their

national legislations.

11

8/3/2019 CC Courses 1+2

12/13

The Conditions to meet by candidate countries for enlargement have beenset down by the Commission in 1992 report named Europe and the challengesof its enlargement (Official Bulletin of the EC, supplement 3-92) adopted by theEuropean Council of Copenhagen of June 1993 and explained by theCommission in its communication called Agenda 2000 of 16th July 1997. They

are:a) European identity;b) Democratic state;c) Acceptance of the Community acquis;d) Capability to apply the Community system;e) Participation in the three Communities.

Ten countries of Central and Eastern Europe applied their candidature forjoin to the EU: Bulgaria, Estonia, Hungary, Latvia, Lithuania, Poland, the CzechRepublic, Romania, Slovakia and Slovenia. Romania and Bulgaria signedAdhesion Treaty on 25th of April 2005 on Luxemburg, and joined effectively to EUon the 1st of January 2007. In 2004 European Council decided to start negotiation

with Turkey, after long hesitations. In the same time, Croatia, another candidate,started the negotiation. FYR Macedonia is candidate for EU and other potentialcandidates can be Albania, Bosnia and Herzegovina, Montenegro and Serbia.

The countries of Central and Eastern Europe were and still are findthemselves attracted by the EU because the EU represents for these countriesan area of wealth and peace. They expect from accession to receive means formodernizing their economies.

The EU oscillates between solidarity, namely a rapid integration and the fearof delocalization.

1.15. EUROPEAN CONSTITUTION PROJECT

Foreign minister of Germany Joschka Fischer presented on the 12th of May2000 on Berlin a theory regarding European federation, considered to be one ofthe most elaborated with deeply integration feature. The enlargement of EU to 27and maybe more members required an institutional a re-foundation andrenovation of EU. The solution was considered to be the creation of Europeanfederation based on Constitutional Treaty, being led by a Parliament withlegislative business and a Government with executive business. On 29 October2004, the Heads of State or Government of the 25 Member States and thecandidate countries signed the Treaty establishing a Constitution for Europe butit was not be ratified by all 25 member states of the enlarged Union (France andNetherlands didnt ratified the Treaty).

In 2007, the Federal Trust convened a Discussion Group on the EuropeanConstitutional Treaty to review and analyze current developments in the EUtowards the treaty's revision. On the 13th of December 2007 it was signed theTreaty of Lisbon by the representatives of the twenty-seven Member States andcome into force on the 1st of December 2009, after being ratified by all the 27Member States.

12

8/3/2019 CC Courses 1+2

13/13

The Treaty on European Union includes a provision for the amendment ofthe Treaties. Article 48 says that any Member State, the European Parliament orthe Commission can submit propositions for the amendment of the Treaties tothe Council. The Council forwards any such propositions to the EuropeanCouncil, and the national Parliaments are notified. If the European Council

agrees to examine the proposed amendments, its President convenes aConvention composed of representatives of the national Parliaments, the Headsof State or Government of the Member States, the European Parliament and theCommission. The Convention examines the proposals for amendment andadopts by consensus a recommendation to an Intergovernmental Conference(IGC), which is convened by the President of the Council. Alternatively andsubject to the consent of the European Parliament, the European Council canalso decide by a simple majority not to convene a Convention if a Convention isnot justified by the extent of the proposed amendments, in which case it is theEuropean Council itself that defines the terms of reference of an IGC, which isthen convened by the President of the Council. In any case, an IGC composed of

all the Member States is convened (whether preceded by a Convention or not)and any amendment to the Treaties must be ratified by all the Member States inaccordance with their own constitutional requirements.

REFERENCES

1. Jacob BURCKHARDT, Die Kultur der Renaissance in Italien, Basel, 1860

2. Pascal FONTAINE, Construcia european de la 1945 pn n zilele

noastre, Institutul European, Iai, 1998

3. Georg Wilhelm Friedrich HEGEL, Prelegeri de istorie a filosofiei, Editura

Academiei, Bucureti, 1964

4. Silai Grigore, Uniunea European sau noua comedie divin, Editura

Orizonturi Universitare, Timioara, 2004

5. Vartolomei Mihaela, Staicu Floreniu, Cultur i civilizaie european

contemporan, Editura Politehnica, Timioara, 2009

13