An Introduction to European Intergovernmental Organizations

Marc Cogen

• Publisher: Taylor & Francis
• Year: 2016
• Print ISBN: 9781472445704
• eBook ISBN: 9781317181804
• Edition: 1
• Topic: Politics & International Relations
• Subtopic: European Politics
• Index: Politics & International Relations

An Introduction to European Intergovernmental Organizations provides an up-to-date and accessible reference to European intergovernmental organizations other than the European Union. The EU is so dominant that people often overlook the multitude of older and newer, smaller and larger intergovernmental organizations rooted in the history of contemporary Europe which continue to help shape its future. The specialized character of these organizations adds value to cooperation in Europe as a whole, creates permanent channels of communication regardless of EU membership and allows the possibility for non-European involvement through organizations such as the European Bank for Reconstruction and Development and NATO. It also allows sub regional groups of states, such as the Nordic countries or the Benelux countries to exist and express their own identity via their own organizations. This book looks at the history of Non-EU organizations, their decision-making characteristics, membership policies, legal powers actions and interactions with each other and the European Union. A uniform scheme of analysis is used to make European intergovernmental organizations comparable and by studying them we gain a deeper understanding and insight into European affairs.

PART I
Economic and Financial Sectors

Chapter 1
The Benelux Union

A. History

First Steps from 1943 to 1958

The creation of the Benelux proved to be an arduous and slow process by the chosen method of the conclusion of a large number of agreements, protocols and other international instruments.¹ On 21 October 1943, during the Second World War, the governments of Belgium, the Netherlands and Luxembourg, while in exile, signed the Monetary Agreement in London for the facilitation of payments and the promotion of economic development,² although the Monetary Agreement was later adopted by the three parliaments in 1946. The agreement introduced a fixed exchange rate between the Belgian franc and the Dutch guilder and agreed to provide credits to one another. On 5 September 1944, the three countries also signed the Customs Agreement with the aim of creating one tariffs union, abolishing duties on intra-Benelux exchanges and instituting a common outer tariff. In 1948 the customs union started to be implemented. All import taxes between the three countries were abolished while at the same time one common external tariff for import from third countries was introduced but already on 14 March 1947 a protocol was signed to overcome disruptions in the customs union. The Customs Agreement of 1944 operated on the basis of consensus and created three organs, namely an Administrative Council for Customs with the task of unification of customs legislation and tariffs; an Administrative Council for foreign trade which was renamed Council of the Economic Union in April 1946; and a Council for trade agreements with third countries. A Pre-Union Agreement was signed on 15 October 1949 with the aim of creating an economic union and to move beyond a customs union. Another treaty of 18 February 1950 was signed to unify hallmarking and excise duties and to simplify collection at the borders. This was followed by the convention of 5 September 1952 concerning customs and excise. Also on 5 September 1952 a convention was signed concerning mutual assistance in the recovery of fiscal debts. A protocol of 9 December 1953 on trade policy was signed, aiming at the creation of a common policy for import from and export to third countries. The provisions of this protocol have been taken over by Articles 71 to 77 of the Benelux Economic Union Treaty. In the same year the protocol of 24 July 1953 was signed to establish the important Committee of Ministers with competences in the various treaties and protocols concluded. One year later, on 8 July 1954, the Benelux countries signed the Agreement on the Liberalization of Capital Movements which was followed by the Treaty of 7 June 1956 for the Free Movement of Labour.³ The next step was the signing of the Protocol of 6 July 1956 with regard to Government Procurement whose general principles were taken over by Article 62 of the subsequent Benelux Economic Union Treaty. A separate treaty of 5 November 1955 established the Benelux Inter-parliamentary Consultative Council, with 21 Dutch, 21 Belgian and 7 Luxembourg members of their respective national parliaments. This inter-parliamentary body adopted advisory opinions addressed to the three governments.

Benelux Economic Union of 1958

Anticipating the creation of a common market by the European Economic Community, the Benelux countries signed the treaty of 3 February 1958 for the establishment of the Benelux Economic Union or Benelux Treaty which entered into force on 1 November 1960. It contained provisions on the free movement of persons, goods, services and capital; it provided for the coordination of an economic, trade and financial policy; and it established a common trade policy regarding third countries. The Benelux Treaty of 1958 was signed for a period of 50 years. From its establishment the Benelux was regarded as the testing ground and a model for European integration of Western Europe. Article 233 of the Treaty establishing the European Economic Community of 1958 allowed the existence of the Benelux Economic Union as a separate economic entity within the EEC. The Benelux Economic Union of 1958 created several organs, such as the Committee of Ministers which is the highest political body and composed by the Ministers of Foreign Affairs. The Council was the highest administrative organ which prepared and implemented the decisions of the Committee of Ministers. The Secretary-General, who was always of Dutch nationality, headed the Benelux secretariat which was headquartered in Brussels. A College of Arbitration was the tribunal of the Benelux for the settlement of disputes between the Benelux countries. In case of non-implementation of a judgment, an appeal to the International Court of Justice was possible. The method of concluding separate treaties dealing with Benelux matters was continued. The Benelux countries signed the Agreement of 11 April 1960 on the Control of Persons at the External Benelux Borders and on 24 May 1966 the Treaty concerning the Obligatory Insurance of Motor Vehicles. On 29 April 1969 a treaty was signed for the unification of the Benelux customs area. The Benelux used protocols to work out provisions of treaties in force. On 31 March 1965 the Benelux countries signed the treaty establishing the Benelux Court of Justice⁴ which held its first session on 11 May 1974. Because of its establishment by a separate treaty, the Benelux Court of Justice was not an institution of the Benelux Economic Union. The court is composed of nine judges and three advocates-general. They are selected from among the highest courts of the three countries, the ‘Hoge Raad der Nederlanden’ of the Netherlands, the ‘Cour de Cassation’ of Belgium and the ‘Court Supérieure de Justice’ of Luxembourg. The first competence of the Court is to deal with the interpretation of the common Benelux rules with regard to nine matters.⁵ Under this competence, a national judge may ask for a preliminary question on matters regulated by Benelux law. As of 19 February 2014, the court has delivered 169 judgments in prejudicial cases.⁶ The court can also give an opinion to the governments if requested to do so, although the court’s opinion is not legally binding. So far, no judgment as an advisory opinion has been rendered. The second competence of the Court is to deal with disputes between the Benelux and its civil servants and between the Benelux Organization for Intellectual Property (BOIP) and its civil servants. As of 29 October 2009, the court has delivered 44 judgments in matters of disputes with civil servants. The Court’s jurisdiction will be expanded to include disputes regarding intellectual property rights.

Benelux Union of 2008

The 1958 Benelux Economic Union treaty expired in 2010. Instead of deciding to prolong the existing treaty, the three Benelux countries decided to sign a new treaty establishing the Benelux Union on 17 June 2008 which renamed the Benelux Economic Union into the Benelux Union and extended its competences.⁷ It entered into force on 1 January 2012. Due to the complex constitutional structure of Belgium, the treaty was signed for Belgium by the Belgian federal government, the Flemish Government, the French Community Government, the Walloon Government, the Government of the Brussels Region and the government of the German-speaking Community. Contrary to the 1958 treaty, the new treaty is a framework treaty, less detailed and in force for an unlimited time. The matters covered by the new treaty are the Benelux internal market, durable development, justice and home affairs. Also on 17 June 2008 two other documents were signed: a Declaration⁸ and a Protocol on the Privileges and Immunities of the Benelux Union. The Benelux Union has legal personality according to international law and enjoys privileges and immunities. In an accompanying Political Statement, the three governments declared that the renewed Benelux would operate mainly by means of a multiannual program covering the economic union, sustainable development, and cooperation in the fields of justice and home affairs. Another new policy direction is the cross-border cooperation with neighbouring regions and authorities across the Benelux borders.⁹ Already in 2009 a first partnership was created with North Rhine-Westphalia. Finally, the Political Statement declared that the Benelux Ministers of Foreign Affairs will not only meet before the meetings of the EU General Council and the Council on External Relations, an already established practice, but also before each new EU presidency.

B. Membership

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Belgium (1958), Luxembourg (1958), The Netherlands (1958).

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C. Purposes

Article 1 declares that ‘… the Benelux countries establish a Benelux Union in order to defend their common interests and to promote the well-being of their populations’. Article 2 specifies that ‘… the purpose of the Benelux Union is to deepen and expand the cooperation between the High Contracting Parties so that it can continue its role as precursor within the European Union and strengthen and improve cross-border cooperation at every level’. This is consistent with Article 350 of the Treaty on the Functioning of the European Union of 2009 which provides to this end: ‘The provisions of the Treaties shall not preclude the existence or completion of regional unions between Belgium and Luxembourg, or between Belgium, Luxembourg and the Netherlands, to the extent that the objectives of these regional unions are not attained by application of the Treaties.’ It implies that the Benelux Union can only operate if deeper integration is realized than in the European Union.

According to Article 2 Benelux Union Treaty, the Benelux Union shall develop (1) the Benelux Economic Union based on free movement of persons, goods, capital and services and coordination of economic, financial and social policies, and a common economic policy vis-à-vis third countries, including social matters, energy, transport and communication, (2) sustainable development with a balanced economic growth, social protection and environmental protection; (3) cooperation in the fields of justice and home affairs. In order to achieve its objectives, Article 3 provides that the Benelux Union shall adopt and implement a multiannual programme which emphasizes (1) the completion of the Benelux market (including climate and energy, transport and communication), (2) cooperation with regard to the environment, nature, agriculture and natural spaces; (3) visa and immigration policy, police cooperation, combat of natural disasters and the fight against terrorism and fraud (including taxes); (4) all other necessary actions to achieve its purposes. The four-year programmes are implemented by annual programmes. The ‘Multiannual Working Program 2009–2012’ defined the policy priorities of the first multiannual programme. Regarding the Benelux market, emphasis was put on a secured energy supply, projects for the interconnection of border regions, and transport networks with a common price policy. The 55th Annual Report on the Economic Union for the Year 2010 mentioned that a unified electricity market had been realized by the Benelux.¹⁰ With regard to durable development, a series of ecological networks with cross-border management had to be created. In the field of justice and home affairs, the first multiannual programme announced the establishment of a communication network between the national crisis centres. The ‘Multiannual Working Program 2013–2016’ put seven policy matters as priority policies: energy, environment, social cohesion, economy and knowledge, mobility, security and free movement of persons, and prevention of fraud.

D. Organs

The institutional built-up has been simplified by the Articles 6 to 11 of the Benelux Union Treaty. With regard to the Benelux Court of Justice, we refer to the above mentioned paragraph. The Committee of Ministers is the main political organ, taking decisions by consensus, and responsible for adopting overall guidelines, the multiannual framework,¹¹ the budget, the annual working programme and the annual report of the Union. It may also draft revisions of the Union treaty. It is composed of one representative at Ministerial level of each participating state; the configuration of the committee may vary according to the matters under discussion. The Committee of Ministers is in charge of the external relations (Article 24) and the adoption of joint positions within the European Union. According to the 52nd Annual Report on the External Relations for the Year 2008, the Benelux countries had most effect in their coordinated action within the United Nations, its General Assembly, the Security Council and the specialized UN organizations.¹² The Committee of Ministers decides with unanimity although an abstention by one of them does not preclude any decision which implies that an abstaining member is bound by the decision (Article 8 of the Benelux Union Treaty). The Benelux Union Treaty provides that the Committee of Ministers has four legal instruments at its disposal. First, it can adopt decisions which immediately become binding on the three governments. However, a decision is only applicable to citizens if they are transposed into national law by the competent national authorities. The use of decisions has replaced to a large extent the use of new treaties and protocols which was the preferred method under the old 1958 Benelux Treaty. Secondly, the Committee of Ministers may conclude additional treaties among the Benelux countries which are submitted to the national parliaments for approval and according to the respective ratification procedures. Thirdly, it can make recommendations which are not legally binding although it commits politically the three countries to implement them. Fourthly, the Committee of Ministers can issue directives to the Council, the committees, the General Secretariat and the services. The Benelux Council is entrusted with preparing and implementing the decisions of the Committee of Ministers, with creating administrative working groups and commissions, and with making recommendations to the Committee of Ministers. Each member state designates its representative who is a high-ranking national civil servant. The Benelux Inter-parliamentary Consultative Council, or Benelux Parliament, is the same as the one mentioned in the previous agreement of 5 November 1955 while the Benelux Court of Justice remains to be governed by the treaty of 31 March 1965 – see above. The Benelux Parliament is composed of members of the parliamentary bodies of the three countries, reflecting their constitutional composition.¹³ The Benelux Parliament gives advice on economic and cross-border matters although recommendations can be made regarding any other matter. In 2012, the Benelux Parliament adopted recommendations regarding the urgent ratification of the FABEC Treaty and the improvement of air traffic control management in the Benelux;¹⁴ nuclear safety; life-ending proce...

Table of contents

• Cover Page
• Title Page
• Copyright Page
• Contents
• List of Tables
• Introduction
• PART I: ECONOMIC AND FINANCIAL SECTORS
• PART II: POLITICAL AND SECURITY SECTORS
• PART III: SCIENCE
• PART IV: RIVER COMMISSIONS AND ENVIRONMENTAL ORGANIZATIONS
• Bibliography
• Index