The Treaty on European Union (TEU), is also referred to as the ‘Maastricht Treaty,’ was signed in the Dutch town of Maastricht on 7 February 1992, and came into force on 1 November 1993. The TEU is far considered one of the most complex and contentious aspects of the history of Europe; it is an anomaly. In addition to being a profound victory for supranational integration the TEU is a manifestation of the character and direction of European enterprise. The TEU creates and defines the supranational body called the European Union (EU). The EU consists of three great ‘pillars’ that are considered to be the foundation of the structure.
The European Community (EC) is considered the ‘first pillar’ of the EU. The TEU is essentially a comprehensive revising of the primary law of the EC, instituting wide-ranging changes to the way the European enterprise is structured and functions. The TEU’s major impact was the consummation of the EC by the EU; however, the EC is the facilitator and driving force behind the EU.
Common Foreign and Security Policy (CFSP) is considered the ‘second pillar’ of the EU. The CFSP replaces the European Political Cooperation (EPC), it is essentially an expansion of the rights held by the EPC dealing with initiative and responsibility. This CFSP deals mainly with intergovernmental security, such as a possible common defense policy.
The third ‘pillar’ of the EU is cooperation in the fields of Justice and Home Affairs (JHA). This is also an intergovernmental institution; however, the JHA regulates asylum, cross-boarder problems, customs, drugs, fraud, immigration policy, judicial cooperation, and police coordination. The JHA operates in much the same way as the CFSP, but also includes intergovernmental conventions and is underlined by a series of declarations.
The TEU also provides for a commitment to further treaty review, which formed the basis for the Intergovernmental Conference (IGC) and the resultant treaties, the Treaty of Amsterdam (Amsterdam) and the Treaty of Nice (Nice).
The revisions in Amsterdam had four major objectives: to place employment and citizens’ rights at the heart of the Union; to sweep away the last remaining obstacles to freedom of movement and to strengthen security; to give Europe a stronger voice in world affairs; and to make the Union’s institutional structure more efficient with a view to enlarging the Union, with new Member States joining. It was agreed upon by the leaders of each Member State of the EU on 17 June 1997, and went into force on 1 May 1999.
The IGC met in Nice where they had a very clear mandate, specifically to prepare the Union for enlargement by amending the Treaty in four key areas: size and membership of the Commission; weighting of votes in the Council; extension of qualified-majority voting; and closer cooperation. Nice was signed on 26 February 2001, and entered into force 1 February 2003.
The TEU is an extensive and unraveling document, a vast 61,351 words long. It contains a preamble and seven titles, each divided into many chapters, parts, and sections, linked by a series of articles, many of which amend a previously existing treaty. The TEU is highly variable in nature; it alternates between basic principles and extensively detailed policy statements.
Currently, there are 15 states that have signed and ratified the TEU. The original nations in 1957 were France, Germany, Italy, Belgium, The Netherlands and Luxembourg. Britain, Ireland and Denmark joined in 1973. Greece became a member in 1981, while Spain and Portugal followed in 1986. East Germany entered in 1990 (due to reunification with West Germany) and Sweden, Finland and Austria were the last to join in 1995. The ratification process was not a smooth one; at first Denmark rejected the TEU and then currency crises in other member states created a frenzy. Nearly twice the quazi-supranationalist government was brought down before ratification. However, many months later, the TEU was unceremoniously ratified and brought into force.
There are some legal obligations of the states to the TEU. This is basically the constitution for the EU, thus it must be followed. If it is not followed the institutions of the EU will make sure they pay for their transgression. The obligations themselves are too numerous to mention.
