National and Supranational Interests in the European Union

1. National and Supranational Interests in the European Union Balazs HORVATHY

2. Visegrad Winter Seminar - Law, Politics, Economy and Society in Central and Eastern Europe(SzéchenyiIstvánUniversity, Faculty of Law and Political Sciences, 24-28 February 2014) BalazsHORVATHY PhD SzechenyiIstvan University (Győr) HAS CSS Lendület-HPOPs Research Group (Budapest) Email: horvb@sze.hu ______________________________ National and Supranational Interests in the European Union

3. National and Supranational Interests in the European Union • Introduction • National interest – Conceptual foundations • Supranational interest – Does really ’Interest of the EU’ exist? • Interest-based bargaining in the EU legislative procedure • Discussion

4. I. Introduction

5. I. Introduction Henry John Temple Viscount Lord Palmerston (1784-1865, Foreign Secretary and Prime Minister under Queen Victoria) “We have no eternal allies, and we have no perpetual enemies. Our interests are eternal and perpetual, and those interests it is our duty to follow...” (Speech to the House of Commons on 1st March 1848, available at http://hansard.millbanksystems.com/commons/1848/mar/01/treaty-of-adrianople-charges-against).

6. I. Introduction “When you're asking Americans to die, you have to be able to explain it in terms of the national interest” (USA Today, November 22, 1995, asquotedin Jutta Weldes, Constructing National Interests. European Journal of International Relations 1996; 2;p. 276) (Henry Kissinger, 1923-, USdiplomat, political scientist, Nobel Peace Prizerecipient, National Security Advisor and later concurrently Secretary of State of Presidents Nixon and Ford)

7. I. Introduction • Relevancy • Stronger Eurosceptic sentiment in the post-crisis period • National interest, as an instrument of practical politics (since cca. 16th Century) • National interest, as an analytical tool and subject of social sciences (since 20th Century)

8. I. Introduction • Relevant in political science (international politics) • Theory of International relations • Legal scholarship (?, limited importance) • Background • HAS CSS Lendület-HPOPs Research Group (Budapest) :”Policy Opportunities for Hungary in the European Union” • http://hpops.tk.mta.hu/en/

9. II. National interest – Conceptual foundations

10. II. National interest History of ‘national interest’ as concept of politics • Niccolò Machiavelli (1469-1527) • Il principe (cca 1513) • ‘The will of the prince’ • Moral interest and immoral instruments • Earlier roots, see Th. Aquinas Summa Theologica (states’ intrestsinwars, some elements of ‘ius in bellum’ )

11. II. National interest History of ‘national interest’ as concept of politics • Carl Philipp Gottlieb von Clausewitz (1780-1831) • VomKriege[About wars] • Staatsraison: need to survive and prosper • Rationally decide to go to war

12. II. National interest History of ‘national interest’ as concept of politics George Washington (1732-1799) • „Europe has a set of primary interests which to us have none; or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves by artificial ties in the ordinary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships or enmities.” (1796)

13. II. National interest ‘National interest’ in the political analysis • Between the WWs: Beard, Charles A.: The Idea of National Interest: An Analytical Study in American Foreign Policy. New York, Macmillan, 1934 . • After the WW2: Developing paradigms of International Relations • National interest is key factor in (political) realism and constructivism • In some theories not relevant, or the theory neglect its existence (eg. Marxism, which substitute the ‘national interest’ with ‘class interest’)

14. II. National interest Paradigm ofRealism • Hans JoachimMorgenthau  • (1904 –1980) • considered asthe father of realism • PoliticsAmongNations(1948) • Politics is struggleforpower • Rationalself –interests of states • Advantages of classical, multipolar, balance of power system • the bipolar rivalry between US /USSR especially dangerous

15. II. National interest Paradigm of Realism • “Interest is the perennial standard by which political action must be judged and directed” ‘Six Principles’ of Realism: 1. Political realism believes that politics, like society in general, is governed by objective laws that have their roots in human nature.

16. II. National interest Paradigm of Realism ‘Six Principles’ of Realism: 2. The main signpost of political realism is the concept of interest defined in terms of power, which infuses rational order into the subject matter of politics, and thus makes the theoretical understanding of politics possible. Political realism avoids concerns with the motives and ideology of statesmen. Political realism avoids reinterpreting reality to fit the policy. A good foreign policy minimizes risks and maximizes benefits.

17. II. National interest Paradigm of Realism ‘Six Principles’ of Realism: 3. Realism recognizes that the determining kind of interest varies depending on the political and cultural context in which foreign policy, not to be confused with a theory of international politics, is made. It does not give "interest defined as power" a meaning that is fixed once and for all.

18. II. National interest Paradigm of Realism ‘Six Principles’ of Realism: 4. Political realism is aware of the moral significance of political action. It is also aware of the tension between the moral command and the requirements of successful political action. Realism maintains that universal moral principles must be filtered through the concrete circumstances of time and place, because they cannot be applied to the actions of states in their abstract universal formulation.

19. II. National interest Paradigm of Realism ‘Six Principles’ of Realism: 5. Political realism refuses to identify the moral aspirations of a particular nation with the moral laws that govern the universe. 6. The political realist maintains the autonomy of the political sphere; the statesman asks "How does this policy affect the power and interests of the nation?" Political realism is based on a pluralistic conception of human nature. The political realist must show where the nation's interests differ from the moralistic and legalistic viewpoints.

20. II. National interest Paradigm of Constructivism • Makes attempts to reflect to the weakness of realism • significant aspects of international relations are historically and socially constructed • rather than inevitable consequences of human nature or other essential characteristics of world politics as in terms of realism • Alexander Wendt  "Anarchy is What States Make of It: the Social Construction of Power Politics" (1992) in International Organization

21. II. National interest Paradigm of Constructivism • Alexander Wendt: two increasingly accepted basic tenets of Constructivism • the structures of human association are determined primarily by shared ideas rather than material forces • the identities and interests of purposive actors are constructed by these shared ideas rather than given by nature • Consequences: the interest of states are formed eg. by the negotiations as well

22. II. National interest Applicability of theories to the Member States’ national interests • Could be applied? • EU policies of Member States • In terms of realism: • power struggle of Member States • Their interests are given ‘by the nature’ (what are the interests??) • Constructivism: • National interests can formed and achieved by negotiation

23. II. National interest Applicability of theories to the Member States’ national interests • National interest has a dynamic character • National interest can be successfully institutionalised within the decision making procedures of the EU • But: what are the interests of the Member State exactly?

24. III. Supranational interest – Does really ’Interest of the EU’ exist?

25. III. Supranational interest • Does the interest of the EU exist? • “When the national state will have been replaced by another mode of political organization, foreign policy must then protect the interest in survival of that new organization” (Morgenthau) • See sui generisand supranationalCharacter of the EU

26. III. Supranational interest • The ‘EU interest’ logically can be based on • the Common interest of the Member States; • The interest of the EU as an (relatively) independent and specific (supranational) actor • The Founding Treaties refer to both categories

27. III. Supranational interest • Originally in the ECSC Treaty: • Preamble: „Resolved to substitute for age-old rivalries the merging of their essential interests; to create, by establishing an economic community…” • Article 3: „The institutions of the Community shall, within the limits of their respective powers, in the common interest” • Article 48 referred to „the interests of workers and consumers” in context with the right of undertakings

28. III. Supranational interest • Current Treaty structure (TEU/TFEU): • (A) Common/fundamental/strategic interest of the EU • (B) General interest of the EU • (C) Specific interests of the EU • Actually no directmention of the MSs’interest

29. III. Supranational interest (A) Fundamental/strategic interest of the EU • Eg. TEU Article 21: „ … The Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to (…) safeguard its values, fundamental interests, security, independence and integrity …” • TEU Article 22: „…On the basis of the principles and objectives set out in Article 21, the European Council shall identify the strategic interests and objectives of the Union. Decisions of the European Council on the strategic interests and objectives of the Union shall relate to the common foreign and security policy and to other areas of the external action of the Union.”

30. III. Supranational interest (A) Fundamental/strategic interest of the EU •  Fundamental/Strategic interest of EU is related to the foreign policy •  Article 24 : „The Member States shall work together to enhance and develop their mutual political solidarity. They shall refrain from any action which is contrary to the interests of the Union or likely to impair its effectiveness as a cohesive force in international relations.” •  Is really the own foreign policy interest of the EU? • Think of the decision making procedure: the strategic interest document is laid down by the unanimous decision of the MSs in the European Council

31. III. Supranational interest (B) General interest of the EU • Eg. TEU Article 17: „… The Commission shall promote the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them.” • Questionable – whose interest? • Citizens’ interest? Consumers? Industry? •  The capacity to create the common European interest, as declared by the European Commission, is embodied in the Commission and the Council • See the legislative proposal of the Commission, or specific „Interest Test” in the Antidumping Procedures etc. • The scope of the „General interest” depends on the relevant EU policy

32. III. Supranational interest (C) Specific interest of the EU • Eg. TFEU Article 86 : „…In order to combat crimes affecting the financial interests of the Union, the Council, by means of regulations adopted in accordance with a special legislative procedure, may establish a European Public Prosecutor’s Office from Eurojust.” • Seemingly self-interest-like construction: states are governing by similar vital interests, however it is also related to policy-based factors (it is determined by e.g. regional policy, cohesion policy etc. what is really the financial framework, and therefore the financial interest itself) (A)=derived form compromised interests of MSs (B) and (C) = policy dependent interests

33. IV. Interest-based bargaining in the EU Legislative procedure

34. IV. Interest-based bargaining • Impact of the EU decisions: all important public policy areas are covered (single market, trade, environment, agriculture, regional policy, research and development, transport, public health, education and culture etc.) • EU lays down 80% of rules governing the production, distribution, exchange of goods, services and capital inside the EU

35. IV. Interest-based bargaining • Treaty of Lisbon – „Ordinary legislative procedure”  Primary decision making mechanism • Originally „Community Method” • According to the Treaty of Lisbon, decisions are taken by the ordinary legislative procedure in about three quarters of all policy areas such as agriculture or the former third-pillar area of judicial cooperation in the field of criminal matters

36. IV. Interest-based bargaining Decision Making ‘Triangle’  Committees Decision Making Procedure COREPER 

37. IV. Interest-based bargaining • National interest has influence in the Council • The potential of this influence is limited if QMV  But clever tactics can be successful • European Parliament: national interest has significance, but only one of the effective factors (see lobbying at the EP) • Commission: very restricted effects, e.g. in the Comitology (through the member delegated by the Government in the Committees)

38. V. Discussion

39. V. Discussion • Questions, remarks or suggestions are welcome

40. Visegrad Winter Seminar - Law, Politics, Economy and Society in Central and Eastern Europe(SzéchenyiIstvánUniversity, Faculty of Law and Political Sciences, 24-28 February 2014) BalazsHORVATHY PhD SzechenyiIstvan University (Győr) HAS CSS Lendület-HPOPs Research Group (Budapest) Email: horvb@sze.hu ______________________________ Thank you for your Attention!