Treaty on European Union

Explanation and Analysis of the Document

The Maastricht Treaty is not easy reading. It functions in part as a constitution for the EU, laying out goals and principles that govern the union's operations. It also functions as a kind of handbook, specifying policies and procedures, though in most cases the details of these policies and procedures still had to be worked out by the EU's agencies. Much of the treaty consists of amendments to earlier treaties, such as the one governing the ECSC, and a number of its provisions simply incorporate other agreements and treaties signed earlier by the member nations. Thus, it is a document that few people would actually read from beginning to end; rather, it is the type of document that people would consult, if necessary, to seek guidance on particular issues that might arise.

It is nonetheless possible to discern certain themes and principles in the document. Its early portions focus on the overarching goals of the treaty. The opening resolutions and commitments enumerate these goals as they apply to member nations: “the ending of the division of the European continent,” “the strengthening and the convergence of their economies,” the promotion of “economic and social progress,” the implementation of “a common foreign and security policy,” and the creation of “an ever closer union among the peoples of Europe.” These and similar goals all emphasize the commonality of purpose among the member states.

In sum, the provisions of the Treaty on European Union provide a framework for the establishment of what is often called the “pillar system.” This system consists of three “pillars,” or areas in which EU members cooperate. Central to the system is the European Community pillar, with its supranational functions and variety of institutions that govern the EU. The second pillar is the Common Foreign and Security Policy, and the third pillar was originally known as Justice and Home Affairs but is now called Police and Judicial Cooperation in Criminal Matters. Above these three pillars sits the European Council, through which leaders of EU member states meet, although the council is not an EU institution. The council is rather a negotiating body that shapes the policies that the union adopts. It thus fosters the process of integration in allowing member nations some say over the EU's decisions.

Title I: “Common Provisions”

Under Title I, the treaty enumerates more particular goals of the union. Among these goals are promoting economic and social progress through high levels of employment, achieving “balanced and sustainable development,” strengthening “economic and social cohesion,” asserting the EU's position “on the international scene,” introducing union citizenship as a way of protecting people's rights and interests, and allowing “free movement of persons.” Another goal is that of maintaining the union's “acquis communautaire”—a French term meaning “that which has been acquired by the community.” This refers to the total body of EU law, organized into thirty-one chapters for the 2007 accession of Romania and Bulgaria (and later into thirty-five chapters for negotiations for the future accession of Croatia and Turkey), with titles such as “Free Movement of Goods,” “Free Movement of Persons,” “Science and Research,” “Energy,” and “Environment.”

The first title goes on to specify the mechanisms by which the EU will operate. Among these mechanisms are the European Council (consisting of the heads of state of the member nations), the European Commission (the executive arm of the EU, responsible for proposing laws, implementing policies, and supervising the ongoing functions of the EU), the Court of Justice, and the Court of Auditors. Acting as a constitution, the treaty specifies the voting procedures of the European Council. Although the council has no formal executive or legislative powers, it is the highest-ranking body with respect to the EU and advises the union on any issues that come before it.

Title V: “Provisions on a Common Foreign and Security Policy”

Title V deals with security and foreign policy issues. As the key purpose of the treaty is to promote common interests and common policies, Title V begins with a statement of overarching goals: “to safeguard the common values, fundamental interests, independence and integrity of the Union”; “to strengthen the security of the Union”; “to preserve peace and strengthen international security”; “to promote international cooperation”; and “to develop and consolidate democracy and the rule of law, and respect for human rights and fundamental freedoms.” The treaty is not a defense pact, as is the North Atlantic Treaty Organization, but it leaves open the possibility that such a pact may be formed in the future. Here, the treaty calls for joint consultation and the adoption of common strategic policies with regard to security threats and foreign policy issues. Again, the treaty functions as a kind of constitution by outlining the specific procedures, particularly voting procedures, that will be followed by the European Commission in connection with any issue that has security or foreign policy implications. The treaty does not preclude any member nation from forming defense or security pacts with other member nations or with nations that are not part of the EU. It does, however, require that any such pact adhere to “the interests of the Union as a whole” and respect “the principles, objectives, general guidelines and consistency of the common foreign and security policy and the decisions taken within the framework of that policy, the powers of the European Community, and consistency between all the Union's policies and its external activities.”

Title VI: “Provisions on Police and Judicial Cooperation in Criminal Matters”

Title VI addresses criminal matters, where again a primary goal is to achieve higher levels of cooperation and information sharing among member states. A particular goal is the establishment of more uniform and consistent criminal codes, so that, for example, an action that merits a certain prison term in one nation will merit a similar prison term in all others. This title further expresses the intent of the union to combat “racism and xenophobia”; “crime, organised or otherwise”; terrorism; human trafficking; offenses against children; illicit drug and arms trafficking; corruption; and fraud. Prior to the Treaty on European Union, each nation was responsible for its own criminal investigations (though nations cooperated through such agencies as Interpol), and criminals could escape one jurisdiction by simply crossing a border. Enhanced cooperation would mean that criminals could not hide behind borders, for national police forces would have the ability to investigate crimes throughout the union, as supported by enhanced mechanisms for sharing information.

Title VII: “Provisions on Enhanced Cooperation”

The last title excerpted here, Title VII, takes up the issue of member states that wish to establish any kind of agreement among themselves, outside the framework of the Treaty on European Union and the EU. Such an agreement “may be undertaken only as a last resort” and only when the objectives of such an agreement cannot be met by the EU. The treaty states that “Member States which intend to establish enhanced cooperation between themselves may make use of the institutions, procedures and mechanisms laid down by this Treaty and by the Treaty establishing the European Community.” The treaty specifies that such cooperation must be “aimed at furthering the objectives of the Union and of the Community, at protecting and serving their interests and at reinforcing their process of integration.” Such cooperation must also respect the treaty and “the single institutional framework of the Union.” It must likewise respect the acquis communautaire and cannot involve a matter outside “the limits of the powers of the Union or of the Community.” It may not “undermine the internal market … or the economic and social cohesion” established by the treaty. Any such agreement would also have to be open to all member states.