Small states in the institutional structure of the European Union

Abstract

The principal objective of this study is to evoke a discussion on the role and participation of small states within the institutional framework of the European Union in the light of the Constitutional debate that is now dominating the Union agenda. The reason for embarking upon this project is essentially twofold: 1. Throughout the course of my European studies, I have been particularly attracted by the evolution of the institutional debate and the growing cross-fire between the federalist and the intergovernmental factions within the Union. Indeed, the Maastricht Treaty may well be said to have been a victory for neither of these sides in as much as it was a triumph and a reaffirmation of the sui generis nature of the Union set-up. It is for this reason, that· I now look with particular interest at the developments leading to the treaty-reviewing Intergovernmental Conference due to take place in 1996. 2. As a Maltese citizen with a declared bias in favour of my country acceding to the European Union, it is axiomatic that I am also necessarily interested in how the upcoming 1996 Constitutional developments shall effect the continued participation of Small States within the structures of a growing Union. It is now of common knowledge that the single most important impediment to Malta's early accession to the Union is precisely the need to reconcile Malta's size with the extent of participation and representation that may be afforded to small countries within the institutional set-up of the Union. Of course, Malta is not the only 'micro-state' that the Union shall have to deal with. Luxembourg for one, is the size of Malta and vaunts of an admirable track record within the Union. Cyprus is another, which like Malta, waits in the line for accession. Other potential small applicant States include Slovenia and the Baltic States, thereby further aggravating the urgency with which the Union must reconsider its institutional set-up before enlargement can take place. In a nutshell, therefore, this study shall look at how 1996 is likely to effect Malta's participation in the Union. The discussion shall be put within a Constitutional perspective as it is strongly felt that the 1996 Conference shall transcend a mere 'institutional debate' and evolve into more of a 'Constitutional debate' on the future of the Union (Chapters I & II). A discussion shall then follow on how the current institutional set-up of the Union enables Small States to participate effectively (Chapter III). Subsequently, many of the proposals being put forward or that are likely to emerge for consideration in 1996 shall be reviewed and critically analysed (Chapter IV) The study does not attempt to represent an exhaustive consideration of the subject matter. Moreover, given the highly speculative nature of many of the reforms in discussion, a deliberate measure of caution is employed in order to keep the study within a reasonably realistic perspective. In conclusion, a series of submissions shall be made on the salient elements that the institutional or constitutional structure of the Union should envisage in order to accommodate small states, which like Malta, yearn for a full participation within the Union (Chapter V). The material that has been employed in this study consists mainly of European documentation such as the Official Journal and the Bulletin of the European Communities. Substantial recourse has been made to Agence Europe information bulletins and documents as primary sources. Given the contemporary nature of the subject in discussion, reference has also been frequently made to the Financial Times and The Economist as well as other national and international newspapers and journals. Thorough reference is also made to the report prepared by the European Constitutional Group in December 1993 entitled 'A Proposal for a European Constitution' as well as other position papers such as the Draft Constitution annexed to the European Parliament's resolution of 10 February 1994 and the CDU/CSU position paper circulated in September 1994. Secondary sources include a vast array of material obtained from the reviews and journals such as the Common Market Law Review, the Journal of Common Market Studies and the European Law Review. Secondary sources also include other texts and materials which are listed in the bibliography.