Analysis of the development of the
powers ('competences') of
the Institutions of the European Union
The following examples come from the 'Development of Competences' in the analysis of the changes in the authority of the Institutions of the European Union and how the Community has become more highly structured.
The analysis runs to sixty pages and acts as a summary of the main Treaties, highlighting the main changes and compliments the other analyses included in the BMDF book.
The tables are laid out to compare the four Treaties; the Treaty of Rome, at the time of the accession of the United Kingdom in 1973 to the then European Community, combined with the Single European Act, which made major modifications for the Single Market, the adjustments made by the provisions of the Maastricht Treaty and the additions and amendments of the Treaty of Amsterdam.
Owing to the limitation of space, the Treaty of Rome and the Single European Act have been combined in the first column and the changes to the voting structure arising from the accession of Austria, Finland and Sweden have been included in this column.
The changes and additions, which the Maastricht Treaty and the Treaty of Amsterdam incorporate into the Treaty of Rome, are shown next to the relevant provisions. Where there has been no change to the existing law, there is either a blank space or an indication that there are no changes.
Notes on the amendments are shown in the text of the table in italics and these are intended to help to clarify the changes. This is particularly relevant for the new areas introduced by Amsterdam, including Visas, Asylum and Immigration, Employment, and Customs Co-operation. In addition, the changes to the Social Provisions have been shown as a separate summary.
The new numbering system, introduced by the Treaty of Amsterdam, has been used and the changed numbers are shown in bold.
| Treaty of Rome and Single European Act | Maastricht Treaty | Treaty of Amsterdam |
| Title I :
Common Provisions: (Articles 1 - 7) |
||
| This Title was introduced by the Maastricht Treaty and acts as an introduction and a general summary of the objectives of the European Union and of the institutions of the Community, including the European Council. It is legally binding. | The Treaty of Amsterdam revises the Common Provisions and adds new provisions on the treatment of Member States which breach the principles of the Union. The Treaty also introduces a new numbering system for both the overall Treaty and Title II, the Treaty establishing the European Community. |
|
| The Member States establish among themselves a European Union,
marking a new stage in the process of creating an ever-closer union
among the peoples of Europe, where decisions are taken as closely as
possible to the citizen.
(Article 1). |
In addition :
Decisions are taken as openly as possible. |
|
| The Union shall have the following objectives (inter alia):
(a) To promote balanced and sustainable economic and social progress, through the creation of an area without internal borders, economic and social cohesion and the establishment of EMU, leading to the single currency; (b) The formation of a common foreign and security policy; (c) To develop co-operation on justice and home affairs; (d) Ensuring the effectiveness of the mechanisms and the institutions of the Community. (Article 2). |
Changed to : (a) To promote economic and social progress and to achieve balanced and sustainable development and a high level of employment through the creation of an area without internal borders, economic and social cohesion and the establishment of EMU, leading to the single currency; In addition :
|
|
The Union will be served by a single institutional framework. The Council and the Commission will ensure the consistency and continuity of the activities of the Union (Article 3). |
In addition :
The Council and the Commission will co-operate to ensure the consistency and continuity of the activities of the Union. |
| Treaty of Rome and Single European Act | Maastricht Treaty | Treaty of Amsterdam |
| Title V :
A Common Foreign and Security Policy: ( Articles 11 - 28 ) |
||
| Co-operation in the sphere of Foreign Policy
(Title III) : |
A Common Foreign and Security Policy (Articles J - J.11 [old numbering]) |
|
| This Title was introduced by the Single European Act and was subsequently repealed and replaced by new provisions of the Maastricht Treaty. | The Treaty of Amsterdam has substantially restructured and expanded the provisions to cover Articles 11 to 28, and has incorporated and rewritten the existing provisions from the Maastricht Treaty. | |
| The overall approach has been to make the Community more responsible for foreign and security policy by taking on a more leading role in the formation of policy. | ||
| The Member States shall endeavour jointly to formulate and implement
a European foreign policy.
They undertake to inform and consult each other on any foreign policy matters of general interest. |
The Union and the Member States shall define and implement a common policy to cover all areas of foreign and security policy (Article 11). | Replaced by:
The Union will define and implement the policy. |
| The objectives of the policy are (inter alia):
(a) to safeguard the common values, fundamental interests and independence of the Union; (b) to strengthen the security of the Union and the Member States; (c) to promote international co-operation; (d) to develop and consolidate democracy and the rule of law. (Article 11). |
(a) has additional objective :
(a) To safeguard the integrity of the Union; (b) replaced by: (b) to strengthen the security of the Union; |
|
| The Union shall pursue these objectives by:
(a) establishing systematic co-operation between Member States; (b) by gradually implementing joint action. (Article 12). |
Replaced by: The Union shall pursue the objectives by : (a) defining the principles and general guidelines for the policy; (b) deciding on common strategies; (c) adopting joint actions and common positions; (d) strengthening systematic co-operation between Member States (Article 12). |
|
Member States shall give due consideration to the positions of other Member States before forming their own policies. |
The European Council shall define the principles and general guidelines of the policy (Article J.8 [old numbering]). | Article renumbered 13, in addition : The European Council shall define the principles including matters with defence implications. |
| Treaty of Rome and Single European Act | Maastricht Treaty | Treaty of Amsterdam |
| Principles :
( Articles 1 - 16 ) |
||
| The Treaty of Amsterdam introduces a new numbering system for the Articles of this Title and a separate numbering system for Titles I, V, VI, VII and VIII - collectively the Treaty on European Union. | ||
| A European Economic Community will be established. | The Principles in the Treaty of Rome have been replaced by the following: A European Community will be established. |
|
| The Community, by establishing a Common Market and by progressively
approximating the economic policies of the Member States, shall have
the
task of promoting :
(a) a harmonious development of economic activities; (b) a continuous and balanced expansion; (c) an increase in stability; (d) an accelerated raising of the standard of living; (e) closer relations between the states belonging to the Community. |
The Community, by establishing :
(1) A Common Market; (2) An economic and monetary union; and by implementing the common policies and activities, (shown below), shall have the tasks of promoting : (a) a harmonious and balanced development of economic activities; (b) sustainable and non-inflationary growth respecting the environment; (c) a high degree of convergence of economic performance; (d) a high level of employment and of social protection; (e) the raising of the standard of living and quality of life; (f) economic and social cohesion and solidarity among Member States. |
In addition :
(e) a high level of protection and improvement of the quality of the environment; (f) equality between men and women; (c) amended to :
|
| The activities of the Community shall include :
(a) The elimination of customs duties and restrictions on imports and exports between Member States; (b) A common customs tariff and a common commercial policy towards third countries; (c) Abolition of obstacles to the freedom of movement for persons, services and capital; (d) A common policy for agriculture; (e) A common policy for transport; (f) A system to ensure that competition in the Common Market is not distorted; |
The activities of the Community in the Treaty of Rome are expanded: (1) Article 3.b in the Treaty of Rome becomes: 'a common commercial policy'; (2) The Maastricht Treaty adds the following (lettering from the Treaty): (j) Strengthening of economic and social cohesion; (k) A policy for the environment; (l) Strengthening of the competitiveness of Community industry; (m) Promotion of research and technological development; (n) Establishment and development of trans-European networks; |
The activities are expanded by one additional factor :
(i) the promotion of co-ordination between employment policies of the Member States with a view to enhancing their effectiveness by developing a co-ordinated strategy for employment. |
Treaty of Amsterdam Preface Contents List
Key Issues of the Treaty of Amsterdam Consolidated Treaty
This web-page was designed and written by Andrew Cowgill and was last updated on 22 February 1999
© Copyright Anthony Cowgill and Andrew Cowgill, 1999