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

martes, 21 de abril de 2026

A SHORT HISTORY OF EUROPEAN INTEGRATION. PART I: PRE-COMMUNITARIAN INTEGRATION (T.G.9)

 

  

Poster of the Marshall Plan (1947)

1. Introduction

 European integration is the last stage of European history and it is relatively recent. So far we have seen the long road that led to the creation of the European States. The discovery of Human Law in Greece, the structure of a unified empire with a solid legal system during the Roman Era, the appearance of the pleiad of small Germanic kingdoms that started carving the territory of the future European States. The return of medieval universalism in the frame of Western Christianity and the progressive separation of the national monarchies, that after Machiavelli would become the bulk of European States. The troubles of the religious wars and the surging of a Europe of States after the Peace of Westphalia. The French Revolution and the development of the powerful narrative of the “nation-state” model. The rising of nationalisms and the rising tensions that led to the Armed Peace and World War I. And how after 1918 European nation-states would progressively lose ground and become irrelevant at the World level.  

2. The appearance of the idea of integration

Up to 1918 European nation-states acted on their own, confronting each other. They did not consider the possibility of getting together as they controlled the World. The major European nation-states did not consider uniting when their power was at its peak. But as their hegemonic stage came to an abrupt halt in 1918, and Europe laid in ruins, forced by the necessity of surviving in a World dominated by the United States and the Soviet Union, some European leaders began to consider the possibility of a united Europe in which different states would act together instead of against each other. It was the beginning of the European integration process.

 Before 1918 they were some tepid periods in which European States acted together. After the Congress of Vienna (1814-1815) through the Metternich System until 1848, and specifically axed in economical integration in German Europe with the Customs Union called Zollverein between 1834-1871.

 Real European integration really started during the Interwar period (1918-1939) as the defeat of Germany, Austria and its allies was, to some extent, a Pyrrhic victory for the Allies, as all Europe, both the winners and the losers, had been laid waste.  In 1914 their trade balance had been clearly in favor of the nations of the Continent, with the United States owing the various European states some 3 billion dollars. By 1918 the tables had turned, with the European states owing the U.S. federal government no less than 14 billion dollars. Almost five times more.

 Europe emerged not only surpassed by the United States, but also eclipsed by the power of Soviet Russia. Lenin, aware from the very outset that the new Soviet state would not be strong internationally if it could not incorporate its various neighboring states, appointed Comrade Stalin as People’s Commissar of Nationalities, thereby creating the Union of Soviet Socialist Republics (USSR) in 1922, the only European force that could rival American power in the 20th century.

Creation of the USSR: 29 December 1922


3. The exacerbation of European Nationalisms

The decline of Europe’s nation-states could have been averted had their governments undertaken a policy of convergence. Instead, nationalism grew stronger than ever before and the tension between states was only exacerbated, in great part due to the initiative of the American President Woodrow Wilson, the primary architect of the Peace of Versailles (1919) and the author of the agreement’s famous Fourteen Points, as he believed that the new international order ought to be based on a strict respect for nationalities, which meant that, in his opinion, states should coincide with “nations” – in the sense of peoples or ethnic groups.

Signing of the Versailles Treaty (28 June 1919)

To this end, at Versailles Wilson advanced the principle of “national” self-determination in order to ensure that minorities were able to gain statehood - as in the cases of Ireland, Poland and Czechoslovakia - or achieve internal autonomy within the framework of a multinational state - as happened with Flanders in Belgium and the reunification of Yugoslavia. The Allies expressed, therefore, their sympathies with the fate of historically oppressed ethnic groups and acted to guarantee the resurgence of the nation-state at a time when this structure was inoperative at the global level, and a union of European states was indispensable for Europe to maintain its clout in the new world yielded by World War I.

The map of Europe at the end of 1919

 The fight for consolidating new nation-states in the frame of the Treaty of Versailles reignited European tensions to the point that Hitler opened up again the road to war.

4. First integration proposals during the Interwar period

However some Europeans were well aware that this exacerbation of nationalism was dangerous and the only way to get Europe back in the World scene was cooperation between European States. There were a few proposals.

a) Pan-Europa

As Richard Coudenhove-Kalergi, who in his book Pan-Europe (1923) defended a union of European states in order to prevent the nations of the Continent from succumbing to either Russian Bolshevism or American economic domination, and the only way for Europe to maintain its influence around the world.

R. Coudenhove-Kalergi (1894-1972)

Coudenhove-Kalergi was supported by eminent European intellectuals as Paul Valéry, Paul Claudel, Rainer María Rilke, Thomas Mann, Salvador de Madariaga and Miguel de Unamuno, among others. Thanks to them, until the mid-1930s there was an intense intellectual movement in favor of a united Europe which resulted in the publication of influential books calling for European integration.


b) Attempts for an economic integration

 Also the Pan-European idea was backed by some of Europe's most dynamic employers, very impressed by the United States’ enormous economic power by the beginning of the 1920s, however, began to back the creation of a massive European-wide market as a means of favoring the growth of industrial production and lowering the prices of manufactured goods. On their initiative was created European Customs Union, established in 1926, and the the signing of international agreements between producers. It was during this period when the first major intra-European economic accords were signed, including the industrial agreements which the French and German governments sought to sign between the century’s world wars in order to solve the problem of war reparations agreed on the Versailles Treaty.

c) The first political proposal: Aristides Briand and Gustav Streseman (1929)

On the political field has to be mentioned the case of Aristides Briand, France's Minister of Foreign Affairs as of 1925, and Honorary President of the Pan-European Union as of 1927. In 1929 he rose to head the French Government; at which time he seized the opportunity to present his proposal for European integration.

 Briand soon realized that the League of Nations was an instrument incapable of ensuring the peace and considered it more pragmatic to back Franco-German political rapprochement within the framework of a united Europe. To this end as he enjoyed the assistance of his German counterpart Gustav Streseman, he made public his plans for a united Europe in a speech delivered on 5 September 1929, on the occasion of the League of Nations' fall meeting. In it he defended the advisability of establishing a link between Europe's states which would enable them to deal with serious circumstances together given the need to do so.

Aristides Briand and Gustav Streseman

Aristides Briand's initiative was however a failure, partly because the governments of the various European states were unwilling to cede one bit of their sovereignty, and most of their leaders were either indifferent or opposed to the idea of European union – in large measure because for each of them European unification meant something different. For the victorious states, integration was to be a means of consolidating the European order arising from the Treaty of Versailles. The defeated countries, on the other hand, were willing to participate in a European unification project only if said treaty was revised. However, the decisive development was the radical political change that occurred in Germany after the death of Gustav Stresemann in October 1929 and the electoral victory of the Nazi Party in 1930.

Gustav Streseman's State funeral in Berlin (6 october 1929)

 In any case, the Depression dissolved the European euphoria of 1926 and 1927 and shifted the priorities of most European states, which abandoned any support for a united Europe. In fact, the prevailing trend was just the opposite: over the course of the 1930s Europe's economic fragmentation tended to accentuate, as a consequence of increased customs duties, the establishment of exchange controls, and the consolidation of autarchic economies in general.

The Anti-Komintern Pact: Axis Berlin-Rome
(25 October 1936)

 To make matters worse, the League of Nations failed to keep new hostile blocs from arising in Europe. It was the reedition of the Armed Peace previous to World War I. In 1935 a Franco-Soviet Pact was signed to consolidate the strategic alliances established by France with Poland and Czechoslovakia. To counter this alliance the Rome-Berlin Axis would emerge in 1936. In the end the Soviet Union switched sides after the signing of the 1939 German-Soviet Non-Aggression Pact. The resurgence of nationalism would lead to a gradual increase in international tensions, dragging Europe into World War II.

Molotov and Von Ribbentrop signing the German-Soviet Non-Agression Pact 
in presence of Stalin (23 August 1939)

5. European integration during World War II

The outbreak of World War II did not put an end to attempts at integration, though, as a result of the conflict, these took other forms, on both sides of the conflict. On the Allied side we have to mention the ephemeral Franco-British Union of June 1940, the Ventotene Manifesto (1941) in favor of a European federation, the formation of the Benelux on 4 September 1944.

 On the Hitlerian side it was only as German domination spread throughout Europe, and especially after the start of the war against Russia (June, 1941), that the Führer began to conceive the idea of placing the entire Continent under the Third Reich. In total Hitler aimed to occupy some 6 million square kilometers, home to 450 million people, in order to constitute an anti-Bolshevik Europe under what came to be called the “New Order.” For Nazi leaders the integration of European was to be forged not through the creation of federal institutions, but by way of ensuring that the Continent's different political regimes embraced their peculiar political philosophy. In order to bring about this Great Germany Hitler acted to install satellite and puppet regimes in neighboring nations, with governments willing to do Germany's bidding.

Hitler's Europe at the height of the Third Reich

6. European integration during the post-war period (1945-1949)

By 1945 Europe was the great loser, left bankrupt and buried in the devastation of the conflict - literally, as much of Europe's cities had been reduced to rubble. For the formerly all-powerful Europeans the problem was now survival. Roosevelt’s notion of a world split between two areas of influence would eventually prevail, as Europe was, unfortunately, torn in two, with Western Europe under American influence and Eastern Europe under Soviet power. 

Europe in 1948: The Iron Curtain

a) A destroyed Europe

Aerial view of Hamburg at the end of 1945

 Italy, which had become a republic, was completely impoverished, and the maps of Germany and Austria were mangled. France had been laid waste, and the United Kingdom, no longer a great power, began to dismantle its empire with the foundation of the “Commonwealth,” a community by virtue of which its former colonies became independent states while maintaining a symbolic allegiance to the British Crown - a fact which may explain why Churchill supported the creation of a United States of Europe in his aforementioned speech at the University of Zurich (19 September 1946).

Winston Churchill at the University of Zurich

b) America’s help for reconstruction_ from the dollar gap to the Marshall Plan

The top priority however was reconstruction. The United States was the only intact economy, bolstered by the war effort. So President Truman agreed to provide Europe with material and financial aid. However, the funds provided, however, quickly evaporated given the dire needs of the devastated Continent. It was the era of the “dollar gap.” 

President Truman's advisors soon came to the conclusion that a change in strategy was needed. The United States was willing to facilitate Europe's overall reconstruction, but not that of each state individually.

To channel this aid two organizations were created: the European Recovery Program (ERP) and the Organization for European Economic Cooperation (OEEC), the former an American agency, and the latter European. Marshall’s efforts did not constitute full integration, and by no means did they endorse “supranational” institutions. However, thanks to the OEEC (today’s OECD) ministers from different countries ceased to deal with their national problems as something confidential that did not impact their neighboring nations, and progressed in the establishment of priorities through negotiations, as the intention was for aid to be used by the European countries in a coordinated way rather than be allocated individually to specific countries for particular purposes.


 c) Eastern Europe dominated by Stalin splits off

The Allies originally thought that military cooperation had softened Stalin’s communism. Soviet Russia took advantage of the West’s naiveté in this regard to extend its tentacles across Eastern Europe, which Stalin was determined to seize for Russia.

Berlin children during the Blockade, playing the Airlift game

In response Stalin imposed an “Eastern Deutschmark” throughout Berlin and a blockade of the areas of the capital controlled by western forces. The Allies responded, beginning on June 26, 1948, by organizing the famous “Berlin Airlift” to provision western Berlin. The Soviet blockade would not cease until 21 May 1949. The border between the two areas would be relatively permeable until the construction of the Berlin Wall which, beginning on August 13, 1961, became the ultimate symbol of Churchill’s “Iron Curtain,” one that would stand for nearly 30 years.

Aerial routes of Berlin's Airlift

7. The Congress of The Hague (1948) or the failure to form a federal Europe

As a preliminary step it was necessary to decide the path to be followed to achieve integration. Opinions diverged. One camp, the statists, preferred a model based on intergovernmental cooperation. Another portion of the European public opinion, the federalists, wished to move directly towards a federal political union, similar to that of the United States of America.

A European “Congress” met on May 8, 1948, in the Hague (Netherlands). The European federalists, in order to ensure reconciliation and reconstruction, called for the creation of an economic and political union. The problem was that none of the 800 participants, however, had the power to actually commit their states to any agreements. It was, essentially, a gathering of representatives from different political parties and other European democratic groups interested in the reemergence of the Old Continent on the international scene.

Meeting in the Hall of Knights on 9 May 1948, during the Hague Congress. 

The attendees sought to reach a compromise. The federalists got their Representative Assembly, while the statists got a Council of Ministers, the embryo of a European executive power. Together the institutions formed the Council of Europe, a body established on May 5, 1949, a year after the opening of the Congress of the Hague, in the London Treaty.

By early 1950 the federal formula had failed to achieve the objective of European integration. The Council of Europe, however, did not disappear, and ended up establishing itself as a Human Rights Tribunal after the signing of the European Convention for the Protection of Rights and Fundamental Freedoms in Rome on November 4, 1950. This agreement would come into force in 1953, since which time states may be legally reported to the Tribunal of the Council of Europe based in Strasbourg for human rights violations.

 

Map of the Council of Europe

8. How to study Teaching Guide 9:

 

a) Read the corresponding text to T.G. 9 in the “Aula Virtual”. 


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


CHRONOLOGY OF TG 9


1648             Peace of Westphalia 

1804-1814                    Napoleonic empire 

1814-1815                    Congress of Vienna 

1815-1830                    Holy Alliance (Metternich system) 

1834                Zollverein (Until 1871) 

1862                Bismarck head of Prussian Government (Until 1890) 

1864                War between Prussia and Denmark (Schleswig Holstein) 

1866, 3 july                  War between Prussian and Austria: battle of Sadowa (Königgrätz) 

1870     

19 July                    Beginning of the Franco Prussian War (Until 28 January 1871) 

     1-2 September        Battle of Sedan: French defeat. 

1871 

18 January       Proclamation of IInd Reich at the Versailles Palace.

             18 March to 28 May:   Paris Commune.

 1882                            Triple Alliance (Germany, Austria, Italy)

 1884     Congo Conference in Berlin.

 1894     Franco-Russian Alliance

 1904, 8 April               Entente cordiale (Alliance between France and the UK).

 1906           Algeciras Conference to solve the Moroccan Crisis between Germany, France and England 

1907              Triple Entente (France, UK and Russia) 

 

First World War

 

1914     28 June               Sarajevo’s killing of Franz Ferdinand of Austria 

1916                Verdun’s Battle 

1917     October           Soviet Revolution 

1918

 3 March Brest Litovsk Treaty (Russia and Germany)

 11 November   Armistice

 

Compiègne Forest, the 11 November 1918

Interbellum period

 

1919                            Peace of Versailles (Woodrow Wilson) 

1920                            First meeting of the League of Nations 

1923                Appearance of  R. Coudenhove-Kalergi’s Pan-Europe 

1929                            Briand’s Proposal for a European Union (Gustav Streseman)

 

Second World War


1940                            Franco-British Union 

1944                            Creation of the Benelux

 

Postwar Period


1946 , 19 September       Speech of Churchill in favor of European integration

1947                            European Recovery Program (Marshall Plan) 

1948                            Congress of the Hague (Project of European Federal Integration) 

1949                            Treaty of London. Creation of the Council of Europe. 

 

c) Complete in your Class notebook the following exercises:  


CONCEPTS:

Metternich  System/ Zollverein / Armed Peace / Woodrow Wilson’s Principle of Nationalities / Irish Republic vs Irish Free State vs New State of Ireland vs Republic of Ireland/ The Troubles / Irish Backstop/ Pan-Europ (R. Coudenhove-Kalwergi) / Aristides Briand and Gustav Streseman/ Franco-British Union / Benelux / Dollar Gap/ European Recovery Program / Iron Curtain / Kominform/  British Commonwealth / Berlin Blockade and Berlin Airlift/ Berlinermauer / Congress of the Hague/ Council of Europe/ College of Europe.

 

QUESTIONS:

 

Concrete questions

 


1. What was the Zollverein and where was it implemented.

 

2. Explain the relationship between the Dual and Triple Alliance and the Entente cordiale and the Triple Entente.

 

3. Why the Allies triumph in World War I was essentially a Pyrrhic victory?

 

4. Why Woodrow Wilson’s Principle of Nationalities was a mistake?

  

5. What was the idea of R. Coudenhove Karlegi for uniting European nation-states? What model did he use as reference? Why did he reject the idea of a federal Europe?

 

6. What did Aristides Briand and Gustav Streseman wanted for Europe? Why their idea did fail?

 

7. Explain what was the Program for Europe that Joseph Goebbels proposed to Hitler in 1943.

 

8. What was the essence of the Benelux created in 1944?

 

9. Why did Stalin initiated the Cold War in 1948?

 

10. Why did The Congress of The Hague failed?

 

11. Which were the two institutions created as a result of the Congress of The Hague?

 

 

General questions

 

1. Give the outline of Irish process of independence from the UK between 1919 and 1949.

2. Explain what was in Irish history the time of The Troubles and why the EU contributed to ease tensions in Northern Ireland. 

3. Why the European Recovery Program created a favorable ground for European integration?

4. Explain which were the two opposed camps in the Hague Congress in order to decide the path to be followed to achieve integration. Which one prevailed?




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