Foster: EU Law Directions
Chapter 2
1. What were the main concerns of the planners of the European Communities after the Second World War? Are the issues relevant to Europe today?
To remove harmful competition between European states and stop the bloodshed of many centuries' wars, to assist post-war recovery, to counter the threat of Soviet domination of Europe, to cooperate so as to compete economically with the US were the main concerns.
2. What is meant by the following terms of integration:
intergovernmental, supranational, functional integration and federalist?
Intergovernmental pertains to more than one Government. This is the traditional form of international organisations which include the membership of many national states but involving no loss of sovereignty. e.g. the Council of Europe, United nations, EFTA. A veto always remains in the hands of a member state even when a course of action has been decided on.
Supranational involves the transcending of national limits and necessarily involving a loss of sovereignty. There is a handover of power in one or more areas to the supranational controlling institution which exercises power over the areas of national state concern.
Functionalism is a switch of loyalties from state to multi state organisation in particular areas. e.g. agriculture. The political will and power remains essentially in the hands of national governments except in the areas where power has already been handed over. There is no ultimate plan.
Functionalism is also described as neo-functionalism. Neo-functionalism equals functional federalism or creeping federalism. Federalist goals or aims remain but methods hope for spill over of areas. i.e. success breeds success. There is a gradual erosion of areas of sovereignty. This is how the EEC was conceived to give shape over activities. No instant federalism; try to achieve it by functional methods.
Federalism involves the construction of political institutions overseeing integration on many fronts, usually by democratic means, and is otherwise known as con-federalism. e.g. USA, Nigeria, Switzerland, Germany, Australia, Canada. They include federal and state governments with appropriate spheres of power.
3. What is the meaning of, and the distinction between, the EC and EU?
EC is the post TEU term for the three (now two) original Treaties and EU is the umbrella term also introduced by the TEU to cover the EU and the other two pillars concerned with the intergovernmental areas of Common Foreign and Security Policy and Police and Judicial Cooperation.
4. Why do you think the UK joined the European Communities in 1973?
In 1966, the Prime Minister, Harold Wilson expressed the view that Britain was “no longer viable as an independent unit”. This just forms part of the reasons why successive Conservative and Labour Governments lodged applications with the Communities to join. Also wanting to benefit from the Economic gains enjoyed by the original six member states was a prominent reason.
5. How far can the EU keep expanding and integrating?
This is currently a vexed question as with presently 27 member states the EU is getting close to both its geographic and political potential. Geographically, there are still a few potential states within the more accepted geographic limits of Europe. These include, Andorra, Monaco, Liechtenstein, Switzerland, Norway, the Balkan states, the Ukraine, Iceland and Turkey because of its foothold in Europe. However, perhaps the public appetite for more expansion is close to exhausted.


