Three pillars of the European Union
Encyclopedia
Between 1993 and 2009, the European Union
(EU) legally consisted of three pillars. This structure was introduced with the Treaty of Maastricht on 1 November 1993, and was eventually abandoned on 1 December 2009 with the entry into force of the Treaty of Lisbon
, when the EU obtained a consolidated legal personality.
Within each pillar, a different balance was struck between the supranational and intergovernmental
principles.
Supranationalism was strongest in the first pillar. Its function generally corresponded at first to the three European Communities (European Coal and Steel Community
(ECSC), European Economic Community
(EEC) and Euratom) whose organisational structure had already been unified in 1965-67 through the Merger Treaty
. Later, through the Treaty of Maastricht the word "Economic" was removed from the EEC, so it became simply the EC. Then with the Treaty of Amsterdam additional areas would be transferred from the third pillar to the first. In 2002, the ECSC (which had a lifetime of 50 years) ceased to exist because the treaty which established it, the Treaty of Paris
, had expired.
In the CFSP and PJCC pillars the powers of the European Parliament
, the Commission
and European Court of Justice
with respect to the Council
were significantly limited, without however being altogether eliminated. The balance struck in the first pillar was frequently referred to as the "community method", since it was that used by the European Community.
. It was desired to add powers to the Community in the areas of foreign policy, security and defence policy, asylum and immigration policy, criminal co-operation, and judicial co-operation.
However, some member-states opposed the addition of these powers to the Community on the grounds that they were too sensitive to national sovereignty for the community method to be used, and that these matters were better handled intergovernmentally. To the extent that at that time the Community dealt with these matters at all, they were being handled intergovernmentally, principally in European Political Cooperation
(EPC).
As a result, these additional matters were not included in the European Community; but were tacked on externally to the European Community in the form of two additional 'pillars'. The first additional pillar (Common Foreign and Security Policy, CFSP) dealt with foreign policy, security and defence issues, while the second additional pillar (JHA, Justice and Home Affairs), dealt with the remainder.
made the additional pillars increasingly supranational. Most important among these were the transfer of policy on asylum, migration and judicial co-operation in civil matters to the Community pillar, effected by the Amsterdam treaty. Thus the third pillar was renamed Police and Judicial Co-operation in Criminal Matters, or PJCC. The term Justice and Home Affairs was still used to cover both the third pillar and the transferred areas.
, then Foreign Minister of Germany, called for a simplification of the European Union. One of these core ideas was to abolish the pillar structure, and replace it with a merged legal personality for the Union. This idea was included in the Treaty of Lisbon
, which entered into force on 1 December 2009. With a legal personality, Union is, for instance, able to be part of international treaties. The Treaty of Lisbon also states that "the Union shall replace and succeed the European Community," with the effect that, once the Treaty entered into force, the EU obtained the membership of the World Trade Organisation (WTO) which had belonged to the European Communities
pillar.
The abolition of the "3-pillar structure" was welcomed by practioners and academics who had long considered the 'pillar metaphor" to be unrealistic, if not absurd. The idea that one pillar could be the Communities, while the other two were merely "policies" or "cooperation" was scarcely credible.
In the Lisbon Treaty the distribution of competences in various policy areas between Member States and the Union was reorganised into the following scheme:
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU) legally consisted of three pillars. This structure was introduced with the Treaty of Maastricht on 1 November 1993, and was eventually abandoned on 1 December 2009 with the entry into force of the Treaty of Lisbon
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
, when the EU obtained a consolidated legal personality.
- The European CommunitiesEuropean CommunitiesThe European Communities were three international organisations that were governed by the same set of institutions...
pillar handled economic, social and environmental policies. It was the only pillar with a legal personality, consisting of the European Community (EC), the European Coal and Steel CommunityEuropean Coal and Steel CommunityThe European Coal and Steel Community was a six-nation international organisation serving to unify Western Europe during the Cold War and create the foundation for the modern-day developments of the European Union...
(ECSC, until its expiry in 2002), and the European Atomic Energy CommunityEuropean Atomic Energy CommunityThe European Atomic Energy Community is an international organisation which is legally distinct from the European Union , but has the same membership, and is governed by the EU's institutions....
(EURATOM). - The Common Foreign and Security PolicyCommon Foreign and Security PolicyThe Common Foreign and Security Policy is the organised, agreed foreign policy of the European Union for mainly security and defence diplomacy and actions. CFSP deals only with a specific part of the EU's external relations, which domains include mainly Trade and Commercial Policy and other areas...
(CFSP) pillar took care of foreign policy and military matters. - Police and Judicial Co-operation in Criminal MattersPolice and Judicial Co-operation in Criminal MattersThe third of the three pillars of the European Union was Justice and Home Affairs , which was shrunk and renamed Police and Judicial Co-operation in Criminal Matters in 2003. The pillar existed between 1993 and 2009, when it was absorbed into a consolidated EU structure.The pillar focused on...
(PJCC) brought together co-operation in the fight against crime. This pillar was originally named Justice and Home Affairs (JHA).
Chart
| European Union European Union The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958... |
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|---|---|---|---|---|---|
| European Communities European Communities The European Communities were three international organisations that were governed by the same set of institutions... |
Common Foreign and Security Policy Common Foreign and Security Policy The Common Foreign and Security Policy is the organised, agreed foreign policy of the European Union for mainly security and defence diplomacy and actions. CFSP deals only with a specific part of the EU's external relations, which domains include mainly Trade and Commercial Policy and other areas... (CFSP) |
Police and Judicial Co-operation in Criminal Matters Police and Judicial Co-operation in Criminal Matters The third of the three pillars of the European Union was Justice and Home Affairs , which was shrunk and renamed Police and Judicial Co-operation in Criminal Matters in 2003. The pillar existed between 1993 and 2009, when it was absorbed into a consolidated EU structure.The pillar focused on... (PJCC) |
|---|---|---|
|
Foreign policy A country's foreign policy, also called the foreign relations policy, consists of self-interest strategies chosen by the state to safeguard its national interests and to achieve its goals within international relations milieu. The approaches are strategically employed to interact with other countries... :
Security policy Security policy is a definition of what it means to be secure for a system, organization or other entity. For an organization, it addresses the constraints on behavior of its members as well as constraints imposed on adversaries by mechanisms such as doors, locks, keys and walls... :
|
Terrorism Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition... Organized crime Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are... Bribery Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or... and fraud Fraud In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation... |
| First pillar: Community integration method | Second pillar: Intergovernmental cooperation method | Third pillar: Intergovernmental cooperation method |
Within each pillar, a different balance was struck between the supranational and intergovernmental
Intergovernmentalism
-A theory of regional integration:The theory is not applied on European integration which rejects the idea of neofunctionalism. The theory, initially proposed by Stanley Hoffmann suggests that national governments control the level and speed of European integration. Any increase in power at...
principles.
Supranationalism was strongest in the first pillar. Its function generally corresponded at first to the three European Communities (European Coal and Steel Community
European Coal and Steel Community
The European Coal and Steel Community was a six-nation international organisation serving to unify Western Europe during the Cold War and create the foundation for the modern-day developments of the European Union...
(ECSC), European Economic Community
European Economic Community
The European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent...
(EEC) and Euratom) whose organisational structure had already been unified in 1965-67 through the Merger Treaty
Merger Treaty
The Merger Treaty was a European treaty which combined the executive bodies of the European Coal and Steel Community , European Atomic Energy Community and the European Economic Community into a single institutional structure.The treaty was signed in Brussels on 8 April 1965 and came into force...
. Later, through the Treaty of Maastricht the word "Economic" was removed from the EEC, so it became simply the EC. Then with the Treaty of Amsterdam additional areas would be transferred from the third pillar to the first. In 2002, the ECSC (which had a lifetime of 50 years) ceased to exist because the treaty which established it, the Treaty of Paris
Treaty of Paris (1951)
The Treaty of Paris was signed on 18 April 1951 between France, West Germany, Italy and the three Benelux countries , establishing the European Coal and Steel Community , which subsequently became part of the European Union...
, had expired.
In the CFSP and PJCC pillars the powers of the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
, the Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
and European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
with respect to the Council
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
were significantly limited, without however being altogether eliminated. The balance struck in the first pillar was frequently referred to as the "community method", since it was that used by the European Community.
1993: Origin
The pillar structure had its historical origins in the negotiations leading up to the Maastricht treatyMaastricht Treaty
The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
. It was desired to add powers to the Community in the areas of foreign policy, security and defence policy, asylum and immigration policy, criminal co-operation, and judicial co-operation.
However, some member-states opposed the addition of these powers to the Community on the grounds that they were too sensitive to national sovereignty for the community method to be used, and that these matters were better handled intergovernmentally. To the extent that at that time the Community dealt with these matters at all, they were being handled intergovernmentally, principally in European Political Cooperation
European political cooperation
The European Political Cooperation was introduced in 1970 and was the synonym for European Union foreign policy coordination until it was superseded by the Common Foreign and Security Policy in the Maastricht Treaty ....
(EPC).
As a result, these additional matters were not included in the European Community; but were tacked on externally to the European Community in the form of two additional 'pillars'. The first additional pillar (Common Foreign and Security Policy, CFSP) dealt with foreign policy, security and defence issues, while the second additional pillar (JHA, Justice and Home Affairs), dealt with the remainder.
1999 and 2003: Amendments
Amendments by the treaty of Amsterdam and the treaty of NiceTreaty of Nice
The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003. It amended the Maastricht Treaty and the Treaty of Rome...
made the additional pillars increasingly supranational. Most important among these were the transfer of policy on asylum, migration and judicial co-operation in civil matters to the Community pillar, effected by the Amsterdam treaty. Thus the third pillar was renamed Police and Judicial Co-operation in Criminal Matters, or PJCC. The term Justice and Home Affairs was still used to cover both the third pillar and the transferred areas.
2009: Abolition
In a speech before the Nice Conference, Joschka FischerJoschka Fischer
Joseph Martin "Joschka" Fischer is a German politician of the Alliance '90/The Greens. He served as Foreign Minister and Vice Chancellor of Germany in the cabinet of Gerhard Schröder from 1998 to 2005...
, then Foreign Minister of Germany, called for a simplification of the European Union. One of these core ideas was to abolish the pillar structure, and replace it with a merged legal personality for the Union. This idea was included in the Treaty of Lisbon
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
, which entered into force on 1 December 2009. With a legal personality, Union is, for instance, able to be part of international treaties. The Treaty of Lisbon also states that "the Union shall replace and succeed the European Community," with the effect that, once the Treaty entered into force, the EU obtained the membership of the World Trade Organisation (WTO) which had belonged to the European Communities
European Communities
The European Communities were three international organisations that were governed by the same set of institutions...
pillar.
The abolition of the "3-pillar structure" was welcomed by practioners and academics who had long considered the 'pillar metaphor" to be unrealistic, if not absurd. The idea that one pillar could be the Communities, while the other two were merely "policies" or "cooperation" was scarcely credible.
In the Lisbon Treaty the distribution of competences in various policy areas between Member States and the Union was reorganised into the following scheme: