CONTRIBUTIONS OF THE TREATY - INSTITUTIONAL CHANGES
The Single European Act
The Single European Act (SEA) revises the Treaties of Rome in order to add new momentum to European integration and to complete the internal market. It amends the rules governing the operation of the European institutions and expands Community powers, notably in the field of research and development, the environment and common foreign policy.
BIRTH
The SEA, signed in Luxembourg on 17 February 1986 by the nine Member States and on 28 February 1986 by Denmark, Italy and Greece, is the first major amendment of the Treaty establishing the European Economic Community (EEC). It entered into force on 1 July 1987.
The main stages which led to the signature of the SEA were:
the solemn declaration of Stuttgart of 19 June 1983
This text, prepared on the basis of the plan drafted by Hans Dietrich Genscher, the German Minister for Foreign Affairs and his Italian counterpart, Emilio Colombo, was accompanied by declarations by the Member States concerning the objectives to be achieved as regards inter-institutional relations, the Community's powers and political cooperation. The Heads of State and Government undertook to review the progress made in these areas and to decide whether they should be incorporated in a Treaty on European Union;
the draft Treaty establishing the European Union
Under the impetus of the Italian parliamentarian Altiero Spinelli, a Parliamentary Committee on Institutional Affairs was created with a view to preparing a treaty replacing the existing communities by the European Union. The European Parliament adopted the draft Treaty on 14 February 1984.
The Fontainebleau European Council of 25 and 26 June 1984.
Inspired by the Parliament's draft Treaty, an ad hoc committee consisting of personal representatives of the Heads of State and Government and chaired by the Irish senator Dooge examined the institutional questions. The Dooge Committee's report invited the European Council to convene an inter-governmental conference to negotiate a Treaty on European Union.
The White Paper on the Internal Market of 1985
The Commission, under the impetus of its new President, Jacques Delors, published a White Paper which identified the 279 legislative measures needed to complete the internal market. It put forward a schedule and proposed a deadline of 31 December 1992.
The Milan European Council of 28 and 29 June 1985 finally proposed convening an Inter-Governmental Conference (IGC), which opened under the Luxembourg Presidency on 9 September 1985 and closed in The Hague on 28 February 1986.
OBJECTIVES
The chief objective of the SEA was to add new momentum to the process of the European construction so as to complete the internal market. However, this goal was difficult to achieve on the basis of the existing treaties, notably because of the decision-making process at the Council, which imposed unanimity for the harmonisation of legislation.
This is why the Inter-Governmental Conference which culminated in the SEA had a dual mandate. It was necessary to conclude, on the one hand, a Treaty relating to common foreign and security policy and, on the other hand, an act amending the EEC Treaty, notably at the level of:
the decision-making procedure within the Council;
the Commission's powers
the European Parliament's powers;
the extension of the Communities' responsibilities.
STRUCTURE
The Act consists of a preamble and four titles and includes a series of declarations adopted by the conference. The preamble states the fundamental goals of the Treaty and expresses the Member States' determination to transform their relations as a whole with a view to creating a European Union. The preamble also establishes the unique character of the act, which brings together the common provisions as regards cooperation in the field of foreign policy and the European Communities. Finally, it focuses on the two objectives of revising the treaties, i.e. "to improve the economic and social situation by extending common policies and pursuing new objectives" and "to ensure a smoother functioning of the Communities". Title I contains provisions common to political cooperation and the European Community. Title II is devoted to amendments of the treaties establishing the European Communities and Title III to European cooperation in the field of foreign policy. Title IV concerns general and final provisions.
CONTRIBUTIONS OF THE TREATY - INSTITUTIONAL CHANGES
To facilitate the establishment of the internal market, the act provides for increasing the number of cases in which the Council can take decisions by qualified majority voting instead of unanimity. This facilitated decision-making and avoided the frequent delays inherent to the search for a unanimous agreement among the twelve Member States. Unanimity is no longer required for measures designed to establish the Single Market, with the exception of measures concerning taxation, the free movement of persons, and the rights and interests of employed persons.
The SEA established the European Council, which formalises the conferences or summits of the Heads of States and Government. However, the competencies of this body are not specified. The European Council has no decision-making powers or powers of constraint vis-à-vis the other institutions.
Parliament's powers were enhanced by including the requirement of Parliament assent when concluding an association agreement. Besides, the act institutes the cooperation procedure, which reinforces the position of the European Parliament in interinstitutional dialogue and gives it the possibility of two readings of the proposed legislation. However the scope of application of this procedure remained limited to cases in which the Council acts by qualified majority, with the exception of environmental matters.
The Act clarifies existing provisions concerning implementing powers. Article 10 amends Article 145 of the EEC Treaty, providing, as a general rule, that the Council confer on the Commission powers for the implementation of the rules which the Council lays down. The Council can only reserve the right to exercise directly implementing powers in specific cases. The SEA creates the foundations for the Court of First Instance (CFI). All cases may be transferred to this court with the exception of preliminary rulings requested by the Member States or the institutions as well as references for preliminary rulings.