Esto es la Universidad.... pública




Este blog está dirigido a vosotros, los estudiantes que acabáis de llegar a la Universidad. A la Universidad pública. A la universidad de todos. La que costeamos entre todos para que independientemente del nivel de vuestros ingresos familiares tengáis la oportunidad de aprender y de transformar vuestra vida. Para que aprendáis Derecho y, sobre todo, os convirtáis en personas pensantes y críticas, dispuestas a integraros inteligentemente en el mundo que os ha tocado vivir.

En este blog encontraréis primero las instrucciones para sacar el máximo provecho de "nuestro" esfuerzo conjunto a lo largo de estas semanas de clase. Pero también algo más: una incitación permanente a aprender, un estímulo para que vayáis más allá de la mera superación del trámite administrativo del aprobado. Escribía el piloto, escritor y filósofo francés Antoine de Saint Exupéry (1900-1944) en El Principito, que "sólo se conocen las cosas que se domestican". Por eso voy a tratar de convenceros de lo importante que es "domesticar" lo que vais a estudiar. Para que sintáis lo apasionante que es descubrir el mundo a través del Derecho. Pero no del Derecho a secas, sino del Derecho en su trayectoria histórica, en el marco cultural de la civilización en la que aparece. Para que comprendáis como sugería José Ortega y Gasset, que preservar nuestra civilización depende de que cada generación se adueñe de su época y sepa vivir "a la altura de los tiempos".

Para ello cada semana os diré qué tenéis que estudiar y cómo, os proporcionaré lecturas y os recomendaré ejercicios. También compartiré con vosotros pensamientos y consideraciones que vengan a cuento, al hilo de lo que vayamos estudiando.

Tendremos que trabajar mucho, vosotros y un servidor. Pero eso dará sentido a vuestro -nuestro- paso por la Universidad. Será un esfuerzo muy rentable para vuestro -mi- engrandecimiento como personas. Os lo aseguro.

Ánimo, y a por ello.

Un saludo cordial

Bruno Aguilera-Barchet

miércoles, 29 de abril de 2026

A SHORT HISTORY OF EUROPEAN INTEGRATION: PART 2. THE ORIGINS OF THE COMMUNITARIAN MODEL (T.G. 10)



                                

 The Schuman Declaration: the starting shot of Communitarian integration  (Paris, 9 of May 1950)


1. Introduction

Compared to the megapopulated giants of Asia, Europeans live in puny microstates. Looking at the demographic numbers, the European states have no chance at asserting themselves in a globalized world of 8 billion people if they insist upon acting alone. Hence, they must unite. But this is no small feat, as governments, by their very nature, tend to fiercely resist sacrificing national sovereignty. Thus, states often only come together when their situation is so desperate that they run the risk of disappearing.

We have just seen in TG.9 how after the butchery of World War 1, the once almighty European States that dominated the world in the 19th century, kept on defending their puny sovereignties in the name of a “nationalism” that would led them to the disaster of World War 2 in which European Nation-States would be at the mercy of the two juggernauts that thereafter, following F.D. Roosevelt opinion in Teheran, Yalta and Potsdam Conferences, would dominate the world in the second half of the 20th century: The United States and the Soviet Union.

We have already seen how painfully the European States barely survived during the critical postwar years, in the 1945-1949 period. How Americans and Russians decided the destiny of Germans and how, after implementing the Marshall Plan they divided the European continent between East and West separated by an Iron curtain, during the whole Cold War (1948-1989). Only the European leaders understood that the best way for their states to avoid this dismal fate of being worldly irrelevant was to ally with each other in order to survive, and thrive, in the international arena.

 The integration of different political units in one stronger state was however nothing new in European and Western history. Historically, there had been various modalities and formulas for multi-state leagues and alliances, each having advantages and disadvantages. Let’s have a quick overview of three of them: the Composite monarchy, the Confederation and the Federal State.

Let’s start with the Composite Monarchy.

2. The composite monarchy

 The oldest European model of integration was the Composite monarchy. This occurs when a king becomes simultaneously the monarch of different kingdoms, which does not mean however full unification as in Composite monarchies every member kingdom originally keeps its own “constitutional” status intact. And that means: their own political institutions (Assembly of States), their own law and courts, and also, usually, their customs barrier protection. To understand how a Composite Monarchy workslets analyze two examples: The Spanish Monarchy and the United Kingdom. 

a) The Spanish Monarchy

Spain is not a completely unified state because historically, it was formed as a result of the Reconquest, that is the fight against the Muslims to retrieve the peninsular territory. As it lasted from 711 to 1492 the result was that the unity of the Visigothic kingdom of Toledo disappeared, and was replaced by different kingdoms or territories that were separate political units once. 

 From the conquest of the Muslim kingdom of Granada in 1492 to the present Spain has been formed by different kingdoms for such a long period of its history that the actual 1978 Constitution has defined Spain as the “State of the Autonomies”, territories with a very large self government. There are 17 as you can see in the following map.

Concerning Spain bear in mind that the Catholic Kings (1474-1504) did not integrate Castile and Aragon. The Crown of Castile was a unified state and the Crown of Aragon a Composite monarchy. Isabel (Queen of Castile) and Fernando (King of Aragon) did not unify their Spanish domains. 

The Catholic Kings: Isabella and Ferdinand (1474-1504)

And neither did their grandson Carlos I (V). Castile was a fully integrated State and the Crown of Aragon was not. This is why in the Catholic Composite Monarchy ended being dominant. And the common language was Castilian. In Spain we speak Castilian an not Catalan because of this. But the kingdoms of the Crown of Aragon : Aragón Valencia, Mallorca and the Principate of Catalonia, remained separated and not integrated during the 16th and 17th centuries.

Spain at the end of the Middle Ages

It was not until the Spanish Succession War (1704-1715) that ended with the defeat of Aragon, Valencia, Aragon and Mallorca that these kingdoms were integrated and unified in Castile (Decretos de Nueva Planta).  Philip V as victorious king imposed on the defeated the unification. As Navarre and the Basks provinces had not rebelled against Philip V, they could keep their own separate constitutional and legal frame. At least until the Carlists wars (1833-1876). Then the territories that had rebelled against Elisabeth II got integrated in the Spanish State: Navarre in 1841, and Alava, Guipúzcoa and Vizcaya in 1876

 Spain was more or less an integrated State in 1900.  Especially after 1833, when Javier de Burgos, a Minister of the Regent Maria Cristina, Ferdinand VII’s widow, divided Spain in the provinces that still  today exist. 

Map of Spanish provinces in 1833

But the tradition of the Composite monarchy did not disappear entirely and Spain is not today a completely unified state as the independentists movements of Catalonia and the Basq country shows. A part of these Territories’s population want to secede from Spain, France and Italy and become citizens of a new state: the Bask and the Catalan Republics.

 The conclusion is that the composite monarchy model as far as integration is concerned was not fully operative, and this why Spain, unlike France, is not  a strong and unified state.

Another example of a composite monarchy is the United Kingdom (integrating England, Wales, Scotland and Northern Ireland) despite its name is not as fully integrated as it seems. This is why, for instance in soccer international competitions we have a national team for England and another for Wales, Scotland and Northern Ireland, for instance. So far the Bask and Catalan soccer players play with the Spanish national team.

b) The UK

Another interesting Composite monarchy is the UK. The center of the Monarchy, England, integrated Wales in the 16th century and Scotland in the 17th-18th centuries, forming the United Kingdom with the UNION JACK They also integrated Ireland from 1800 to 1922. And now it integrates as well Northern Ireland, as the Ireland Act of 1949 established that the region would not cease to be part of the United Kingdom without the consent of its own Parliament.


 But the union is not as solid as it appears. Ireland became in the 20th century an independent State (with the exception of Northern Ireland). Scotland has since 1998 its own Parliament and its own government, and many Scottish want to be independent from the UK, though the referendum of 2014 failed.  Also in 1998 Northern Ireland, as a result of the Belfast Agreement, intended to bring together the two communities (nationalists and unionists), was created the Northern Ireland Assembly in Stormont Belfast and a Northern Ireland Executive.

It is interesting that Scotland and Northern Ireland citizens were  not happy with the Brexit as they preferred to “Bremain” in the EU. In fact the Northern Irish are so unhappy with Brexit that they required a special customs status concerning customs: the Northern Ireland Protocol or Backstop. In fact it means that despite Brexit Northern Ireland is still in the Common European Market.

The Northern Irish Backstop

 Again in the case of the UK, the Composite monarchy system does not guarantee a strong unified State. This is why some other models of integration appeared. One of them is the Confederation of States. The best example is Switzerland, the land of “cantons”.

3. The Swiss Confederation

 The Confederation formula is a stronger union than the Composite Monarchy. It was the first system of integration in the United States, from 1777 to 1787, before the establishment of the Federal Union. Also during the American Civil War (1861-1865) the Southern States seceded from the US Federal State (the Union) and formed a new Confederation

But the idea of a Confederation is not American it appeared in Europe. And more concretely in Switzerland The origins of the Swiss Confederation, get back to the Rutli Oath in 1291 that initially concerned only three cantons. Today 26 cantons are member states of the Swiss Confederation (Confederatio Helvetica). Switzerland as a Confederation received full international recognition in the Peace of Westphalia (1648)

Nevertheless the Confederation it is not a powerful way of integration. In fact it gives an extremely decentralized model of integration. This is why in the Helvetic Confederation the 26 cantons have more power than the federal government in Bern. Even today. A Confederation is therefore also a quite weak form of integration.  

 


4. The Federal Model of integration: The North American Example

 

George Washington looking at the first US Flag

 The three models of territorial integration we analyzed in Teaching Guide 8: namely the Composite monarchies, the Swiss Confederation and the German Customs Union (Zollverein) were not efficient enough in order to guarantee a strong union.

 This is why a stronger model of integration appeared at the end of the 18th century. It was created overseas in the brand new country called the United States. Recognized internationally in 1783 in the Treaty of Versailles, signed after the British Crown lost the Independence war, the initial 13 colonies, transformed in independent states, had only a loose bond: the Articles of Confederation.

The 13 American British colonies before 1776

 Created provisionally in 1777 for ensuring a united action in the military field of the 13 rebel colonies in the war against England, it was not a good operational structure for times of peace. Soon the founders of the new nation realized that if they did not developed a stronger union they would end up disappearing against two powerful monarchiesThe Spanish Monarchy in the South and the United Kingdom in the North.

The United States in 1783

 The Founding Fathers were very pragmatic and this is why they came up with a new type of bond: the Federal Union.  

a) Federalism: an effective way to enable different states to act together 

Federalism comes from the Latin word, foedus, meaning 'treaty', 'compact' or 'contract'. Foedus comes itself from the word, fides, meaning 'trust'. The Federal union goes a step further than the Confederation, as some independent states decide to act together, and for strengthening their union, they decide to have a common legal link; a Federal constitution that creates a new State over the cooperating states. The federal model is a very efficient way of making a really strong union.   

All this seems a little complicated and confusing in theory. But it becomes much simpler if we follow a concrete historic example, concretely if we look at how appeared the first modern Federal state: The United States of America.    

b) A Confederation of 13 States to fight the British. 

 The British colonization of North America that started in 1607 brought 13 different colonies. After the Declaration of Independence of July 4, 1776, the 13 colonies united to fight the British Crown. In order to lead war against their common enemy the 13 different colonies agreed on signing in 1777 a cooperation agreement: the Articles of Confederation Once they won the War in 1783 this Agreement became the first US common Constitution as it was compulsory for the new 13 independent States. But it was a very weak legal bond, because every state kept its own constitution, government institutions and legal system. It was not enought to defend the new country from the European powers surrounding it: the UK, and Spain. 

Map of the Treaty of Paris (1783)

It only established a parallel duality of states. The only common institution that kept this bunch of states together was the Continental Congressa non permanent Assembly where the 13 States sent elective representatives.  

The Second Continental Congress voting independence on July 4, 1776

The problem was that the new 13 States only met in Congress when they were in trouble, and even so, if they agreed on anything it was extremely difficult to implement the common decision as they had not a common budget, nor a common executive to enforce the agreement. 

 That Congress was clearly not a very operative instrument for facing crisis was evident when one of the new State Massachusetts had to face its own “revolution” in 1786: the Shay Rebellion. 

A newspaper includes a drawing of the repression of Shay's rebellion 

The good news was that the Shay Rebellion was a lousy precedent that rendered the US Founding Fathers nervous and forced them to lobby for reaching a stronger union creating a Federal bond. But they had to overcome a strong opposition of the Anti-Federalists.

c) The Federal Debate

George Washington, Alexander Hamilton, James Madison and some other capital figures of the new US nation considered that the 13 Colonies could not survive a major crisis, especially if the British, the French or the Spanish –in this time countries much more powerful than the United States- decided to attack them. So they understood they needed a tighter union to get stronger. 

 A big debate started between, on one side those defending that states should remain completely autonomous, and others that considered that disunited they would not survive against the Big European Monarchies, and therefore they considered the “Federal way” the best option for consolidating a more solid tie among the confederate states. To make it short: they wanted a stronger union more operative that would ensure a greater protection over internal anarchy situations like Shay’s rebellion or external dangers from international powerful nations. 

 The federalists considered that the only way to create a stronger and more permanent union was to approve a new common constitution as the "basic agreement" (Grundnorm) necessary to create legally a brand new super state. Of course as many members of the Continental Congress were very reluctant to accept a superior power over the individual member states, the federal union was limited only to certain areas expressly defined in the constitutional text. 

 The Federal debate was long and fierce as the representatives of some States did not want to give up their full autonomy. But finally, adversaries reached a compromise that was set in writing in a very short new common constitution (September 1787). 

The US Constitution

The new Union had a strong President elected by the States and a powerful Congress integrated by a double legislature: one representing the states (Senate) and another one representing the citizens (House of Representatives). And then there was a US Supreme Court that represented the Judicial power of the new Super State. There was a very strict separation of powers in order to avoid the new Federal state being too powerful and ensure that the new structure would be controlled by the states integrated in it. 

Diagram of the organisation of the US Federal State

Finally the US Constitution, was approved in 1787 and followed by a complex ratification process, that required the enactment of a Bill of Rights (1791), through which were given constitutional value  the first 10 amendments to the new Constitution. When all the 13 colonies got finally into the Federal Union, they elected as first President George Washington (1789-1797)

George Washington (1732-1799)

The US Federal State was however still not fully consolidated when the Anti-federalist Thomas Jefferson was elected as the third US President in March 1801. Jefferson thought that the Federal Union had gone too far and was far too strong. So he tried to weaken it. 

Thomas Jefferson (1743-1826)

But fortunately for the US Federal Union, the former President John Adams (1797-1801) had put in office as Chief Justice of the US Supreme Court, John Marshall (1801-1835) who was a convinced federalist. 

 So when Thomas Jefferson tried to give back power to the states in detriment of the Federal Union, John Marshall decided that he could not do so at the Legislative level because it was a violation of the US Constitution. Through the landmark decision of Marbury vs. Madison (1803) Marshall established that the US Supreme Court was the top power in the Federal State as it had the power of interpreting the US Constitution. And no law from the Legislature or no decision from the US President could in any case violate the constitution. Marshall invented what technically is called: the Judicial Review principle that established the supremacy of the constitution over politics. This strict application of the Rule of Law preserved the Federal Union. Law is the best remedy against social disintegration.  

John Marshall, the first US Chief Justice

But the Judicial Review was not enough to consolidate the federal way, because states remained deeply divided about one crucial questionSlavery. Some States (essentially in the South) relied economically on slaves of the big plantations, while others (in the North) had small properties and a lot of industry. Originally there was a balance between Slave and Free States in the common federal institutions as the Missouri Compromise (1820) established that new states could be added only if was respected the balance between slave and free states. But as the US kept on growing, were added new territories and new states. The expansion of the Union from the 13 initial States to the actual 50, was performed mainly through the legal instrument called the Northwest Ordinance of July 1787, (implemented two months before the approval of the US Constitution), because initially it was provided for the lands situated in the Northwest Territory that includes the actual states of Ohio, Indiana, Illinois, Michigan, Wisconsin and Minnesota. But at the end, as it was fully operational, was used to integrate most of the new 37 states to the Union.

The Northwest Ordinance: the legal key of US Western expansion

d) Preventing the dismantlement of the Federal Union through Civil War

The territorial enlargement of the US was a long process that did not go without tensions, including a devastating Civil War (1861-1865) between the Slave and the Free States. At the end, Lincoln won the war and the Federal Union was preserved, but at what cost. 

 With the expansion it became more and more complicated to keep this balance, and the moment arrived in which the Free states outnumbered the Southern Slave states. The Latter decided then to "secede" and create a new Union not as tight as the Federal: it was The Confederation.   

Map of the American Civil War (1861-1865)

 The North and the Federal States won and the US were saved as a strong country. Nevertheless the causes that brought the US Civil War persist to a certain extent. Despite the fact that Lincoln abolished slavery in some states Black people endure a difficult situation.  The huge fight for civil rights that Malcolm X, Angela Davies or Martin Luther King endured during the 1960’s persist with movements like Black Lives Matters. 


And as far as the Federal Government is concerned, there are still today tensions between the Republicans that defend the independence of the States and the Democrats who on the contrary are always willing to reinforce the Federal power. 

 The Federal model worked in the US, and this is why, as we have seen in TG9, some Europeans tried the Federal Way in the Hague Congress of 1948. But it did not work, because old European States had lived under very different conditions for a very long time, spoke different languages and their respective nations had diverse cultural story. In order to get together the European States had to find their own way (Sonderweg).  And this way was the Communitarian method.

5. The origins of the Communitarian Method

The failure of the Congress of The Hague (7-11 May 1948) seemed to end any hope about creating an integrated Europe. But the situation was unsustainable for European States because Stalin, as a reaction against the Marshall Plan broke with the Western allies of the USSR and rose the “Iron Curtain”, an expression of Churchill meaning that all Eastern Europe was under the occupation of the Red Army. The only exception was West Berlin occupied by American, British and French troops, though it was surrounded by territory under Soviet control. No wonder then that the Cold War started when Stalin ordered its troops to isolate West Berlin (Berlin Blockade) West Berliners did no surrender because from June 1948 to May 1949 the Western Allies supplied the besieged city by air (Berlin Airlift). American and British pilots conducted during this period more than 250.000 flights dropping food, medicines, fuel and anything West Berlin population needed. They started delivering 3,475 tons of supplies daily, but by the end of the blockade, the spring of 1949, the figure had risen to 12,941 tons.

The most famous image of the Berlin airlift

5.1. Europe at the beginning of the Cold War (1948)

 As you can imagine, after breaking with Stalin, the Governments of the European Western States were afraid that the powerful Red Army that already occupied Eastern Europe could move further West. So they needed to do something to prevent a Russian invasion. In fact as you already know Westerner States did two things.

The Iron Curtrain

a) At the continental level they created a Western German State to ensure a defensive frontier against the Red wave. The German Federal Republic created the 23 May 1949, (just at the end of the Berlin Blockade). Of course, Stalin decided to retaliate and responded 5 months later imposing the creation of the German Democratic Republic (7 October 1949). 


The Berlin Wall  would not be torn down until 9 November 1989. Almost three decades of isolation for the West Berliners, though it was necessary to wait until the "Treaty on the Final Settlement with Respect to Germany   (Vertrag über die abschließende Regelung in Bezug auf Deutschland) also known as the Two Plus Four Agreement  (Zwei-plus-Vier-Vertrag) because it dealt with the reunification of the TWO Germanies, and was accepted by the FOUR powers that had occupied German territory in May 1945. Signed on 12 September 1990, it was effective since the 15 March 1991. Germany had lacked of sovereignty for 46 years. 

The Two plus Four Agreement

b) At the World level they requested the aid of the US through a defensive alliance. 

At the demand of Europeans Governments who considered they could not defend themselves alone in case of an attack from the Red Army, US and Canada agreed to constitute NATO in 4 April 1949; a month before the creation of the West German State.

Creation of NATO 4 April 1949

In fact the creation of this Alliance had also further purposes: to prevent war among the European States favouring European integration. Fortunately, by then the United States had turned its back on its traditional policy of diplomatic isolationism.

It is often said that the North Atlantic Treaty Organization was founded in response to the threat posed by the Soviet Union. This is only partially true. In fact, the Alliance’s creation was part of a broader effort to serve three purposes: 1) deterring Soviet expansionism, 2) forbidding the revival of nationalist militarism in Europe through a strong North American presence on the continent, and 3) encouraging European political integration.

The aftermath of World War II saw much of Europe devastated in a way that is now difficult to envision. Approximately 36.5 million Europeans had died in the conflict, 19 million of them civilians. Refugee camps and rationing dominated daily life. In some areas, infant mortality rates were one in four. Millions of orphans wandered the burnt-out shells of former metropolises. In the German city of Hamburg alone, half a million people were homeless.

In addition, Communists aided by the Soviet Union were threatening elected governments across Europe. In February 1948, the Communist Party of Czechoslovakia, with covert backing from the Soviet Union, overthrew the democratically elected government in that country. Then, in reaction to the democratic consolidation of West Germany, the Soviets blockaded Allied-controlled West Berlin in a bid to consolidate their hold on the German capital. The heroism of the Berlin Airlift provided future Allies with some solace, but privation remained a grave threat to freedom and stability.

... after much discussion and debate, the North Atlantic Treaty was signed on 4 April, 1949. In the Treaty’s renowned Article 5, the new Allies agreed “an armed attack against one or more of them… shall be considered an attack against them all” and that following such an attack, each Ally would take “such action as it deems necessary, including the use of armed force” in response.

President Truman signing the NATO Agreement

While the signing of the North Atlantic Treaty had created Allies, it had not created a military structure that could effectively coordinate their actions. This changed when growing worries about Soviet intentions culminated in the Soviet detonation of an atomic bomb in 1949 and in the outbreak of the Korean War in 1950. The effect upon the Alliance was dramatic. NATO soon gained a consolidated command structure with a military Headquarters … (Text extracted from the NATO web page) Reference: https://www.nato.int/cps/en/natohq/declassified_139339.htm [Last retrieved April 2022]

A World divided between the NATO (1949) and the Warsaw Pact (1955-1991)

5.2. European integration as a priority

But the founding of NATO and the creation of West Germany were short-term measures, and there was a growing feeling in European Western States that they should join their efforts to survive at the World Level between the two super powers: the US and the USSR. The problem was how to do it as European governments were not willing to give up the smallest bit of sovereignty of their respective countries, as demonstrated the failure of the Hague Congress. 

Fortunately European politicians did not pay any attention to a singular personality: Jean Monnet (1888-1979) who was essentially a pragmatic business man that had an essential role in World politics since World War 1, not only in Europe but the US, as part of the Think Tank of President F. D. Roosevelt. He was, for instance, determinant for the launching of the Marshall Plan under the Truman Administration.  

Jean Monnet (1888-1979)

Monnet was fully aware that nationalism of the European States made impossible to consider a united supranational Europe. But protected by NATO alliance and considering the success of the Marshall Plan, that for economic reasons worked at the supranational level, as it was a collective deal were European States accepted to submit for the purposes or reconstruction to a joint actionhe thought that if remaining in the economic field an integration could be tried.

Robert Schuman (1866-1963)

He was lucky to be a good friend of an important French politician, Robert Schuman, and that West Germany had as head of Government a lucid politician, Konrad Adenauer, that was more than willing to have Germany accepted as an equal by the other European Western States, in order to avoid the disaster of the 1919 "Versailles Diktat".

Konrad Adenauer (1876-1967)

5.3. The Schuman Declaration of 9 May 1950. 

 Monnet and Schuman agreed to launch a very modest first step towards European integration, as it was apparently limited to the joint production of Coal and Steel. But if you read carefully the brief Schuman Declaration of 9 May 1950, you will easily discover that the initiative had far more reaching consequences for the six initial member states.

The "Salon de l'Horloge" in the 
French Ministry of Foreing Affairs (Quai d'Orsay)
where the Schuman Declaration was made public

5.4. The first European Community: the E.C.S.C. 

The Treaty of Paris (18 April 1951) founding the European Coal and Steel Community (1952-2002) was not a constitution. It was a contract, an agreement creating a six member States European Community. Each of the signing states had their own constitution, legal system and full independence and sovereignty, with a tiny exception: they gave up control over the production of coal, iron and steel that depended on a High Authority that imposed its decisions over the member states. 

The European Coal and Steel Community

5.5. The failure of the European Defense Community

As the Communitarian method had worked, the founding members of the ECSC decided to go for another try. But what was the most urgent question that ECSC member States faced? In the beginning of the cold war, with the mighty Stalin Army on its borders, and despite of the creation of NATO it made a lot of sense to create a European Defense Community (EDC). Proposed by the then French Prime Minister René Pleven the Treaty establishing the new community was signed on the 27 May 1952. However the Treaty was never effective as the French National Assembly refused to ratify it on 30 August 1954 by a vote of 319 against 264. 

The European Defence Community

 Military integration was by far a too sensitive matter, especially for the French in 1954, as France had suffered a severe defeat in the Dien Bien Phu battle (13 March to 7 May 1954) that ended the Indochina War and the French presence in this territory, actually Vietnam. 

Scene of the Dien Bien Phu Battle

 Even today, in a world of a growing tendency to a full scale war, with the Ukraine War started in February 2022, or the War in Gaza started in October 2024, with China menace of invasion of Taiwan, Europeans cannot agree in creating a Common Army.  The 27 Member States of the EU are most unwilling to renounce to this essential part of their sovereignty: their national armies. So NATO and the US Army were the only way that Europe could prevent an open war with Russia or China. After the Second term of Trump only NATO could help, if the US do not withraw. 


5.6. Staying away from politics: getting back to the old idea of a European Customs Union. 

Jean Monet understood that the only possible way of getting together was through economy, and this is why at the Messina Conference (June 1955) he came along with the old idea of a Customs Union. Something that, as we already know had a precedent in the Prussian Zollverein (1834). 

The negotiations result was the signature of the Treaty of Rome in March 1957, that enabled to create two new European Communities, besides the ESCC: the European Economic Community (EEC) and the European Atomic Energy Community (EAEC). 

The Treaties of Rome (25 March 1957)

 The EEC was going to be the decisive step for initiating an effective integration. It was such a success that only 3 years later of its creation, the UK, that had refused initially to join the new European Customs Union, decided to retaliate with the creation of their own Customs Union. The European Free Trade Agreement (EFTA) including besides the United Kingdom: Finland, Sweden, Denmark, Norway, Austria, Portugal and Switzerland. 


5.7. European integration slows down because of De Gaulle (1958-1969). 

 EFTA however did not go as well as expected as proven by the fact that one year later (July 1961) the British Government asked to join the EEC. They would have to wait however 13 years because they had the fierce opposition of the French President Charles De Gaulle (1958-1969) who felt France had been humiliated by Churchill in 1945. 

Charles de Gaulle (1890-1970) in one of his famous television speeches

 The paradox is that De Gaulle did not like very much the idea of European integration, as he was a big supporter of the French "Grandeur" and he was not willing to give up any substantial parcel of French sovereignty. European integration was on its way but it had to slow down because De Gaulle French nationalism. During the 10 years he was in power he permanently vetoed the entry of the UK in the EEC. Let's say that after Brexit we have to conclude that De Gaulle was absolutely right about the fact that the British had nothing to do in an integrated Europe. 

 As De Gaulle did no accept that France would be obliged by a Majority Vote he started what was called the Empty Chair policy, meaning simply that France did not attend the European Summits, in a way to block any possibility of reaching agreements to take common decisions. The crisis was resolved through the Luxembourg Compromise that established the principle of unanimity vote of the Member States as the usual way of adopting decisions.

German Cartoon about De Gaulle anti Europeanism

 The other important point that De Gaulle imposed in Communitarian Europe was that the main decisions were personally adopted by the heads of State or Government. This is the origin of the actual European Council, that directly represent the member states in front of the Communitarian Executive (the Commission).  

The Empty Chair Crisis

 In fact France under De Gaulle had its own external policy namely concercing the cold war. In 1964 France recognizes the Popular Republic of China, and in 1966 De Gaulle visit’s the USSR and signs some important Cooperation Agreements. On the other hand De Gaulle while visiting the French speaking Canadian Province of Quebec pronounces on the 24 of July 1967 his famous speech in Montreal’s Town Hall that ends with the Cry “Long live Free Quebec” (Vive le Québec libre). 

Montreal, 24 of July 1967

5.8. An enlarged Communitarian Europe 

De Gaulle’s gone finally the European integration had a restart and new Member States were admitted in successive enlargements. The UK, with Ireland and Danemark joined Communitarian Europe in 1973. Since then many members state have joined the EEC including Greece (1981), Spain and Portugal (1986). After the creation in 1992 of the European Union, as a result of the fall of the Berlin Walll and the disappearance of the USSR, many more countries would integrate until reaching the actual number of 27. At one point there were 28 Member States, but the UK left on the 31 January 2020, implementing the vote at the Brexit Referendum in 2016.  



5.9. Towards a closer European Union. 

 Before the decisive decade of the 1990's that saw the creation of the European Union there were substantial advances in the European integration. The first was the creation of the European Regional Development Fund (ERDF) in 1975.

 Its purpose is to transfer money from richer regions (not countries), and invest it in the infrastructure and services of underdeveloped regions. pThis financial instrument had also a political aim: to reduce the protagonist of Member States and enhance the direct relationship of European regions with the integrated European authorities.

A very peculiar map of the EU: the ERDF developments


A second crucial step was the democratic election of a European Parliament  since 1979. 

German poster anouncing the first
democratic election of the European Parliament

In 1985 the Schengen Treaty opened the way to the suppression of common frontiers and in 1986 the Common Market was relaunched through another Treaty: the Single European Act. Three Years later, the Fall of the Berlin Wall opened wide perspectives for a stronger integration. We will see its consequences in Teaching Guide number 11.     

 


6. How to study the Teaching Guide 10:

 

a) Read the corresponding text to T.G. 10 in the “Aula Virtual”. 

b) Familiarize yourself with the following basic Chronology of the period: 

 

CHRONOLOGY OF TG 10

 

1950, 9 May.                R. Schuman as France’s Foreign Minister makes what was going to be known as the Schuman Declaration. European integration (Community Method) process gets underway.

4 November.               The European Convention for the Protection of Human Rights and Fundamental Freedoms is signed in Rome. It enters into force in 1953. Spain joins in 1979.

1951, 18 April.             Germany, Belgium, France, Italy, Luxembourg and the Netherlands sign the Treaty of Paris, which constitutes the European Coal and Steel Community (ECSC), entering into force on 23 July 1952.

 

1952, 27 May.              Signing of the European Defense Community (EDC) Treaty.

 

1954 13 March to 7 May          Dien Bien Phu. French defeat in Indochina (Vietnam)

 

1954, 30 August.          The French National Assembly rejects the European Defense Community Treaty, signed by the six on 27 May 1952.

 

1957, 25 March.           The six sign the Treaties of Rome, which constitutes the European Economic Community (EEC) and the European Atomic Energy Community (EURATOM).

 

1958, 1 January.           Belgium inaugurates the rotating presidency of the European Community Council.

 

1st June            Charles de Gaulle named head of the French Government (Until 28 April 1969, 10 years and 10 months).

 

4 October                    Constitution of the Vth French Republic.

 

19 March.                    Creation of the European Parliamentary Assembly (“European Parliament” since 1962) in Strasbourg, which replaces that of the ECSC.

 

7 October.                   Establishment in Luxembourg of the Court of Justice of the European Communities, which replaces that of the ECSC.

 

1960, 4 January.           Creation of the EFTA, an initiative of the U.K.

 

1961, 13 August.          Construction of the Berlin Wall (Berlinermauer) begins.

 

1962,  27-30 March.     The European Parliamentary Assembly changes its name to the European Parliament.

 

1965, April.                 Executive Merger Treaty. Signing in Brussels by the six member states of the three European Communities (ECSC, EEC and EAEC-EURATOM). By virtue of these agreements the Communities become subject to just one executive, a single Commission and a single Council. It enters into force on 1 July 1967.

 

1966, 30 January.        Luxembourg Compromise. After the “Empty Chair Crisis” (30 June 1965 to 30 January 1966) the Six Communitarian Countries agree that unanimous votes (rather than by majority) shall be required to make decisions affecting essential issues.

 

28 November.              France vetoes the United Kingdom's entry into the EEC.

 

1973, 1 January.           First Enlargement. Three new states join the European Communities: Denmark, Ireland and the United Kingdom. This is the first expansion, creating the “Europe of the Nine.”

 

1975                            Creation of the European Regional Development Fund (ERDF).

 

1979, 1 March.             Entry into force of the European Monetary System (EMS).

 

7-10 May.                    First elections to the European Parliament by direct universal suffrage. This first democratic Parliament is constituted on the following July 18.

 

1981, 1 January.           Greece becomes the 10th member state of the European Communities.

 

1985, 12 June               Spain signs the treaty to join the European Communities.

 

14 June                        Signing of the Schengen Agreement on the elimination of borders between EU countries. Spain signs in 1991.

 

1986,

 

1 January                     Integration of Spain and Portugal into the European Communities. The Europe of the 12 is born.

 

17 and 28 February. The Single European Act is signed in Luxembourg and the Hague, amending the Treaty of Rome. It enters into force on 1 July 1987

1989,    9 November    Fall of the Berlin Wall (Berlinermauer).


1990,

12 September              Two plus Four Agreement (“Treaty on the Final Settlement with Respect  to  Germany” (Vertrag über die abschließende Regelung in Bezug auf Deutschland).

3 October                  German Reunification (Deutsche Wiedervereinigung).

1991, 8 December      Belavezha Treaty: Dissolution of the Soviet Union.

1992, 7 February        Treaty on European Union, signed in Maastricht (NL).

1993, 1 November    The Maastricht Treaty becomes effective.

 

c) Complete in your Class notebook the following exercises:  

CONCEPTS

 

Composite monarchy/ Crown of Castile vs Crown of Aragon/ Decretos de Nueva Planta/ Union Jack/ The Troubles/ Confederatio Helvetica/ Cantons/ Rutli Oath/ Direct democracy/ Articles of Confederation (1777)/ Federal Union vs Confederation/ Shay Rebellion/ Federal debate/ Presidential system vs Parlamentarian system/ Bill of rights (1791)/ Constitutional Amendments/ Judicial Review/ Rule of Law/ Northwest Ordinance/ Missouri Compromise (1820)/ Compromise of 1877″/ Civil Rights Act (1964)/ Black Lives Matters/ Community  Method of integration: Treaty vs Constitution/ Jean Monnet/ Robert Schuman/ Schuman Declaration/ ECSC/ EDC/ EAEC/ EEC/Treaties of Rome (1957)/ Executive Merger Treaty/ EFTA/ Luxembourg Compromise/ De Gaulle and the EUCO/ Enlargements of the European Communities/ ERDF/ Democratization of the Communitarian Method (1979)/ Schengen Agreement/Single European Act/ Two plus Four Agreement. 

 

QUESTIONS

 

Concrete questions


1. Why the union of the Crown of Castile and the Crown of Aragon resulting from the marriage of the Spanish Catholic Kings ended up being a Composite monarchy?

 

2. Why Philip V of Spain could unify his kingdom? Which was the cause of it and how did he do it?

 

3. Why the United Kingdom is less integrated that the Spanish Monarchy in terms of sports competitions?

 

4. Why the Brexit was a problem for Northern Ireland? How did the British Government and the EU solve this problem?

 

5. Why is it difficult to know who is the Swiss President?

 

6. What is the main legal difference between a Confederation and a Federal State?

 

7. Why was approved the US Bill of Rights in 1791? What was its political aim?

 

8. What is the relationship between the Bill of Rights and the US constitution?

 

9. Why the US Constitution favours school shootings like the one of Columbine school in Colorado (1999), Virginia Tech (2007), Sand Hook Elementaryu School in Coonecticut (2012), Parkland High School in Florida (2018), or Uvalde School in Texas (2022)?

 

10. Why the US Supreme Court decision on the Marbury vs Madison case (1803) was a landmark decision?

 

11. What was the cause of the US Civil War? Think o why the Southern States seceded from the Federal Union creating a Confederate State?

 

12. Considering that the Secession of States is not formally forbidden by the US Constitution, what legal argument used Lincoln for starting military operation against the Southern rebel states?

 

13. Did the European States after 1945 ever try the integration through the Federal Model?

 

14. Why the modest European Coal and Steel Community was so important as far as European integration is concerned?

 

15. Why the European Defense Community was a failure?

 

16. How did the British reacted against the approval of the EEC?

 

17. Why Conrad Adenauer and the French Government accepted to start the Communitarian integration process? Explain what advantages they got with this model?

 

18. Which countries integrated initially Communitarian Europe and how many countries joined from 1973 to 1986?

 

19. Why the European Regional Development Fund created in 1975 is such an effective tool for European integration?

20. Why was created the European Union? Think of the circumstances of Europe between 1989 and 1991?

 

 

General questions


1. Why the United States replaced the Articles of Confederation by a Federal Constitution?

2. How was reflected in the US Federal constitution at the institutional level (mainly concerning the Legislative and Executive powers) the Federal Debate between Federalists and Anti federalist? In what sense they reached a compromise?

3. How did work the enlargement of the United States through the Northwest ordinance for passing from 13 to the actual 50 States? Which were the main difficulties this process went through?

4. What is the relationship between federalism and the protection of civil rights in the US? Who protects better individual rights the states or the Federal state? Explain why.

5. Why the Community Method (the European way of integration of states) is a step by step method? Think of the Schuman Declaration.

6. Explain who were Jean Monnet and Robert Schuman and why they were complementary for starting European Integration through the Community Method?

7. How De Gaulle intervention retarded the European integration process? Which were the two main consequences of his anti-europeanism?

8. How was relaunched the European integration process through the Communitarian method after De Gaulle was out of power in 1969?

 

The Spanish Prime Minister Felipe González signs the
Spanish adhesion to the European Communities
(Royal Palace in Madrid: 12 June of 1985)