The Impact Of The European Union On National Institutions And Policiesdocx

=== THE IMPACT OF THE EUROPEAN UNION ON NATIONAL INSTITUTIONS AND POLICIES ===

THE IMPACT OF THE EUROPEAN UNION ON NATIONAL INSTITUTIONS AND POLICIES

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Abstract

One of the most interesting things about the EU is its huge significance in terms of actuality. For instance, the influence of the EU is being felt in an increasing number of areas with increasing effect, not only in politics and commerce, but also in everyday life within member states. Indeed, things have progressed so far that it is simply no longer possible to understand the political system of a member state without having knowledge of the EU. Important decisions are no longer being made in isolation in the parliaments of the member states, but in Brussels.

The purpose of this paper is to perform a complex and detailed research of the topic – EU impact on National Policies and Institutions. The EU has taken up a position between research into political systems and international politics. It is becoming increasingly clear that the gap between the two is beginning to disappear.

Key words: European Union, National Policies, Institutions, European Coal and Steel Community, the Parliament

INTRODUCTION

At the base of the whole european construction was the European States Member's willingness to work together to achieve common interests. The origins of the European Union are closely linked to the Second World War. Typically, 1950 is considered the "start" of this construction, namely when the French foreign minister, Robert Schuman, proposed the involvement of several European countries into a deeper cooperation project. Negotiations between the six founding countries are formalized in the Treaty establishing the European Coal and Steel Community (ECSC Treaty) signed in Paris in 1951 (entered into function in 1952). The Treaty's objective was economic expansion, increasing employment of labor and living standards through a common market in coal and steel. Taking the example of the success of the establishing Treaty of the ECSC, the founding states decide to extend cooperation in other economic sectors, so that in 1957, in Rome, occurs the Treaty regarding the establishment of the European Economic Community (TEEC) and the Treaty establishing the European Atomic Energy (EURATOM) (effective in 1958). The Main references regarding the European policies are found within the Treaty constituting the European Economic Community, stipulating among other things, the creation of a common market and the progressive approach to the economic policies of the States Member.

       Creating a common market is not just about removing the barriers to the free movement of goods and completing the customs union but also the liberalization of other sectors and the establishment of the common policies in strategic areas such as agriculture, trade, transport, competition (art. 3 TEEC, IER, 2003, p. 4). A few years later (1962), the European Union had defined and introduced a common agricultural policy, which had defined the model of the first method of European policy-making, the traditional community method. In 1965 it signed the Brussels Treaty (effective in 1967), which sought a merger of the whole rules of the three treaties into one, which resulted in achieving the establishing Treaty of a Constitution for Europe (not yet ratified) . Regulations on Europe's policies are made through the Schengen Agreement (1985), supported by the adoption of the implementary Convention of the Schengen Agreement (1990), that bring clarification on visa policy (art. 7 of the Convention) and respectively , on the Executive Committee and national policies on asylum (art. 132 of the Convention).

The Single European Act (SEA), signed in 1986 and effective in 1987, marks a new stage in the European construction and hence in European policies. Article 20 provides for the introduction of a new chapter in the EEC Treaty regarding cooperation in the sphere of economic and monetary policy (Economic and Monetary Union). Another novelty brought by the Single European Act is the introduction of the EEC Treaty the following policy areas: economic and social cohesion (art. 23, SEA), research and tehnological development (Art. 24, AUE), the environment (art. 25, SEA). Title III of the same document defines the objective of European cooperation in foreign policy, namely, "the formulation and implementation of a European foreign policy of the High Contracting Parties, members of the European Communities." Continuing analysis of the evolving European construction, we emphasize that a defining stage in its construction is the fall of communist regimes in Central and Eastern Europe, which had led to a process of rethinking the structure of the European Community towards the establishment of a political union and the economic and monetary union. The result is exploited by the Treaty of Maastricht in 1992 (effective in 1993), amending the Treaty of Rome of the EEC and creating the European Community (TEC). The Treaty is known in the literature as the Treaty on European Union (TEU). Founding Treaties EURATOM and ECSC have been modified only to the extent necessary to put their institutional provisions in harmony with the changes to the EC Treaty.

          The next key moment of the reform process is the signing of the Treaty of Amsterdam, in 1997 (effective in 1999), through which occurs the strengthening of the TEC and TEU. The Amsterdam Treaty has intensified European integration, particularly by formally establishing the principles of liberty, democracy and respect for human rights and creating a foundation for a common policy on freedom, security and justice.It also paved the way for institutional reform at European level, by strengthening the role of the European Parliament. The institutional reform initiated by the Treaty of Amsterdam to incorporate countries belonging to the Eastern Europe was embodied in the Treaty of Nice. A necessary step in the evolution of European construction is the Treaty of Nice, 2001 (effective in 2003). Its development was spurred by the prospect of accession of new States Member and strengthening the European structure to meet the criterion of efficiency. As a continuation of this reform was drafted the treaty establishing a Constitution for Europe, signed in 2004 in Rome by 25 heads of state and governments. The project aimed to replace all the treaties signed, with the exception of the EURATOM Treaty.

       The most recent reform document is represented by the Treaty of Lisbon, 2007 (effective in 2009). In its draft phase, the treaty was contained as the Reform Treaty, intended to replace the treaty establishing a Constitution for Europe, which was abandoned due to rejection by the Netherlands and France. Among the objectives, it includes promoting the EU as an international actor, rejoin foreign policy instruments at its disposal both in developing and adopting new policies.

THE EUROPEAN UNION AND THE NATIONAL POLICIES

The Changes on the Romanian political scene, but also the international and European level had an impact on the process of national public policies. Both for Romania and for the 26 European nations at least two systems of public policies cohabitate – the national and European system. The erosion of national sovereignty implies the erosion of exclusive competence of States Member of deciding on national policy. In developing process of the European policy, it matters that EU institutions and States Member, whose role and influence varies depending on the type of competence. For example, in taxation, fees, nation states have the most power, unlike the competition, where the EU has stronger competences than States Member. The European Union strengthened its competences also on environmental policy to that notes an evolution of EU competence. However, one thing is certain: both before 1990 and after, the public administration have the choice of taking or not taking a particular action to solve a public problem. The main difference lies in the different perspective on decision making. In the post-December period, the public policy process formalizes in a unilateral process (top-down), rigid and hyper. During the transition period, the vertical power was dissociated, and under pressure from various interest groups and civil society, the mechanisms of making public policy is carried out increasingly more horizontal. The results of radiographying the evolution of public policies in Romania, shapes two distinct reform phases: during 1991-2000 and 2000-2010.

          With the denunciation of the totalitarian regime in 1989 starts the opening of the political system towards liberalization and public participation. As a result of the economic liberalization, the political pluralism and the diversification of methods of public choice, also appears the growing demand for public policy.

         Confirmation of the new beginning takes place in 1991, with the adoption of the Constitution by which Romania becomes a "state of right" (Romanian Constitution 1991, art. 1, par. 3). In the context of the objective of this analysis, it is considered relevant the exposure of several key moments of historical evolution of the Romanian state, circumscribed the period under consideration. In this regard, we consider 1993, at which Romania signed the Association Agreement with the EEC and EAEC, obtaining the status of an associated state. The 1993 highlights derives from EU enlargement and defining access conditions to membership in Copenhagen. In 1995, Romania submited an application for candidacy, and two years later, in 1997, upon receipt of a favorable opinion of the European Commission, moved from associated state status to the candidate status. As a consequence of accepting the request for membership, the European Council announced that from the end of 1998 the Commission will conduct periodic monitoring reports of Romania's progress in relation to the Copenhagen criteria. Returning to the sphere of public policy theorists have appreciated the period 1990-1995 as a period of "unstructured search". Through a metaphorical formula we could say that only now are "discovered" public policies meanings offered by the pioneers of science policy (translation 2000).

          During this period some institutions have been rebuilt, while others were borrowed and adapted from the Western democracies and national culture.

The intervention of the unions and the employers intensifies in the public policy process and public policy communities are founded, by specialists. Unlike modern societies, original communities were closed networks which included, in principle, specialists – civil servants specialized in various fields and transverse representatives of economic environment – from state owned enterprises, private enterprises and, in some instances, representatives of the main trade union groups.

         Dye, describing a more general context of public policy said: "Public policy formulation takes place within bureaucratic governments, offices of interest groups, in legislative committee rooms, in meetings of specialized committees". In line with our approach, we think that the assertion of Dye (2008) is a suggestive description for the national context on the period under review. Specific to the mentioned period is restorative-distributive nature of public policies, along with more legalistic nature thereof – in other words, are omitted and avoided practices and analytical instruments other than those provided for specific regulatory instruments. Officially, the European Council decides to open accession negotiations with Romania in 2000, after the analytical examination of the communitary acquis and drafting position papers for each chapter.

        Accession negotiations started in 2000 find their completion in 2004. In 2005, it's positioning Romania among countries that have closed all negotiation chapters, aspect that facilitates the signing of the accession treaty with the European Union. Two years later (2007), the new quality of Romania (EU state member) is institutionalized. Especially in this period, Romania is trying to comply with EU practices and models. Reforming the public policy cycle covered the transition from normative-legal approach to analytical and managerial. Regardind the perspective on the size of the structural dimension, it's remarkable the creation of new organizational structures, otherwise considered as main actors active in this area.

The main authorities involved in public policy formulation process are:

The main authorities involved in public policy formulation process are:

General Secretariat of Government → Department of Public Policy;

Ministries → public policy units in ministries;

Permanent inter-ministerial councils;

Non-governmental organizations, institutes and research centers.

        Since November 2003, within the General Secretariat of Government, the Public Policy Directorate was created initially as the Public Policy Unit of the Prime Minister Decision no. 258, with the mission to "improve the system of development, coordination and policy planning at the central level". In order to achieve its mission, the Directorate of Public Policy has outlined the following objectives:

effectiveness of public policies;

increasing the transparency of decision-making;

superior grounding policies (eg impact assessment of budgetary, economic, social, etc.);

improving consultation between central government institutions;

creating the connection between policy planning and budgeting;

developing methodologies for monitoring and evaluation of public policies.

         Ministries have, among other things, the task of drafting proposals for public policies, to implement public policies and monitor implementation and results. Therefore, the ministries must appeal to the feedback function to achieve continuous improvement implementation and development of new policy proposals. These tasks are fulfilled by the policy units within each ministry. According to GD no. 775/2005, public policy units are set up within the Ministry by order of the head of the institution, and in their composition can be found the public managers, integration counselors , contractual personnel and civil servants (Fig. 1).

Public policies in Romania

1. identify problems pp;

2. develop variants pp;

3. substantiates and

choose pp variant;

4. formulating pp doc.

(pp proposal)

Announces,

transmits to…

1. prepares and

submits proposals

within seven days of

receipt

project with observations project without comments

or lack of agreement or notes taken integral

project with

obs.

Project without comments

or notes taken

advisory

Fig. 1 Interpretation based on GD. 775/2005 approving the Regulation on procedures for developing, monitoring and evaluation of the public policies at the central level

CONCLUSION

The analysis showed that the reforms in the sphere of public policy has been driven primarily by the desire of joining the EU and the requirements of membership. The implications of the European Union in the development of national public policies were not of a "hard" nature, opting to use practices of guidance and coordination, avoiding coercive practices. Recall that although it is estimated that at European level there is an attractive place for unification policy, models of their development varies from one state to another because of different realities of the States Member, culture, traditions, resources, level of economic development, mechanisms and instruments promoted by national public policies.

Currently Romania, on the one hand, deepens, like other States Member, the achievement of Community policies, and, on the other hand, shall coordinate / corroborate policies related to jurisdiction, in accordance with the Open Method of Coordination. Some of the changes involved in the public policy process is due transposition into national domestic order of directives, regulations or decisions of the Union, otherwise the European Court of Justice.

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