Abigael Rotich

 ESSAY ON THE EMERGING FEDERAL EUROPEAN UNION Student’s name Name and section of the course Instructor’s name Date Emerging Federal European Union The geo-political union made of 28 member state such as Germany. Italy, France, United Kingdom and many more situated in Europe was a formed under the treaty of Maastricht in 1992 to replace the European Community. The backbone for the formation was to salvage the broken continent that had been a part of two major bloody wars. The union has a parliament and legislative that have been developed since under it and a union currency Euros that is accepted by the member states. The union has made progressive steps since its formation and a strong economic created for members nationally and globally. It has manage to meet its objective of maintaining peace in the continent to avoid any major wars being evoked. The United Kingdom through national referendum expressed its desire to leave the union on 29th March 2017 in pursue of article 50 of the Treaty of European Union that “any member state may withdraw from the union in accordance with its own constitutional requirements” and the withdrawal has been activated it’s due to leave on the 19th March 2019. There various factors that will accrue in line with the departure: the federal aspiration of the union for the last 60 years, western political civilization and legal as well as other benefits the UK is bound to risk losing or the gain by leaving the union. Federal Model and Key Legal features. There are key characteristics that define Federal form of governance which include Division of power, benefits accrued from the federation it could be the provision of the needs of the member states, written constitution, judiciary in place, boundary barriers in terms of trade seize to exist hence free trade zone, a common currency and the supremacy in the constitution. Federal form of government comes handy in three major types discussed below: 1. Dual Federalism This is where the alliance and the state members share powers but the federal government hold more authority over the states. This is a system practice in United States of America. The states get to still hold all the other powers of self-governance. 2. Cooperative Federalism. This is unrealistic federal where union and state have equal power without one ruling over the other. The collectively coming together solve issues and set policies that will positively aid the members. 3. Quasi Federalism. Its organization is similar to that of union states but under one governing body that possess all the authority. This is like the Indian form of government. The mode of governance is rather unitary. 4. Fiscal Federalism. Currency is what control everything. The more money is found to be more so will the power be generated and control the economy and political decisions and other major decisions in the boundary. Federalism in European Union. The process the EU embark on integration of its political, economic structure from confederate to federal. Confederate which is defined by independent states joining into alliance to a union and are governed by one central government. Alexander Trechsel (2006) Under Federal where several states form a unitary but still independent in their internal affairs and still get to exercise and implement their own national laws. The European Union forms a basis example of a federal Union as major and several of its characteristics depict it being a federation supported by many scholars (Roden, 2005). The government powers are distributed to member states according to the constitution of the European Union, there is a common currency although not embraced by all the member states and the trade and security policy being under the federation. The EU is structured by a parliament whose members are elected directly by the citizens of the member states with an appointment president who hold a five year term in office which was effected in Article 14 (2) of Treaty of Lisbon. The sit currently being held by Antonio Tajani. Under the Union there is a European council that comprises of 28 members from each state. This is currently being led by Donald Tusk this guided by Article (15) of the Lisbon Treaty The European commission led by President Jean-Claude Junker appointed according to Article 17 (5) the Lisbon treaty that consist of delegates to set the policies for the union. The judiciary body in place that play the key role of ensuring the EU laws as per its constitution are abided and act as audit to ensure funds allocation is done properly. The Development of the Legal shape of European Nation. The union whose major goal was to stabilize the continent economically and politically and to the curb the existing cold wars among the nations in Europe has taken a turn in various legal reforms since its formation which has not only benefit itself but the globe in general. The Union under various treaties in place which underwent major amendments to suit the needs of the continent and to see it through its goals and objectives major legal framework were drawn. The emergence of EU was preceded by a number of treaties in place. The treaty of Paris that created European Coal and Steel Community in 1951, the treaty of Rome comprising of two agreement the (EEC) European Economic Community which formulated the removal of custom duties during trade with each other in conjunction with control over food production to ensure each country had enough to feed its population and European Atomic Energy Community (EURATOM) IN 1957. CRAIG, P. P., & DE BÚRCA, G. (2011).  These treaties underwent several reforms that led to the treaty of Treaty of Maastricht which was convergence method and was the mother of European Union in 1992 formed under article 121 of the treaty. The latest treaty is the Treaty of Lisbon which is currently underway in 2009. This treaties form kind the basis of the rule of the union and the constitution that govern the Proceedings of various matters affecting the member states. This legislative have a great impact on trade and development in Europe. Aside the treaties that were accepted some failed the European Defense Community (EDC) and the Treaty to create Europe Constitution failed to be ratified in 1954 by the French National Assembly and the later tried Constitutional treaty denied by France through referendum and Netherlands in 2005 The European Union has three pillars in place that work on its operation: The Common Foreign and Security Policy (CFSP), Justice and Home Affairs (JHA) and the European Community that involves Economic and Monetary Union (EMU) which has its backbone in creation of European Economy which advocated for adoption of the Euro Currency. In 1970s the adoption to protect the environment with the slogan “Polluters pay”. This has advanced when the union has taken legal responsibility to curb the issue of climate change by developing a restriction measure to member states on the omissions to the atmosphere although this is still a major agenda and challenge its working its way through to ensure environmental degradation is brought to an end. This comes in handy with sign of environmental treaties. Under the EU charter of Fundamental Rights There is freedom of movements and residents within the member states and protection of Individuals rights such as religion and expression of thoughts across its boundaries. The charter has champion human rights which has acted as pacesetter to other nations in terms of discrimination against race, ethnicity, religion, disability, sex and justice to all citizens. Democracy is a legal issue in the union which allows all citizens acknowledged as adult to have the right to vie for parliamentary sit in the EP election this is depicted in the Lisbon Treaty. There is also freedom to vote under the democratic rule. The European Economic Community treaty of 1957 has promoted the gender equality and equal right to all citizen irrespective of their status. This is a major policy that sees to equal pay and access to work. The treaty in Rome has seen the mobility of qualified personnel in various fields and boost in production sector. The treaty of Lisbon Developments. The treaty consists of legal articles, protocol, declarations and annexes. This is the last and most recent treaty has its sub-division that have been allocated functions to be performed. The EU parliament which is a legislative wing which have been given the right to propose and amend the EU law. The EU council that consist of delegates from the member states they are also involved in the amendments and act according to article 48 (3) of Lisbon Treaty. The EU judiciary is an audit and ensure the right abidance with the rule of Law. The European bank which is the processer of Euro and fund the activities of the union. It ensure monetary balance in the European Economy. Mangiameli, s. (2013) The formation of the Treaty after the failure of the union constitution. It was ratified by all the member states and its serve the purpose of governing how the union exercises its power and enhance of citizens participation and transparency with all the state members. It act as a guide in decision making processes in the bloc. The Lisbon in no article does it claim to be above the national laws. The treaty is a legal entity with right to direct and disseminate instruction to enter into other international treaties. Under the treaty in article 50 it provides the procedure to withdraw from the union. Effects on Europe plans affected by UK departure on. This may be a great impact on the peace co-existence of the Europeans nation held by the union since its hindering the initial mission for the formation of the union which was to hold the nations in the continent to evade occurrence of another bloody war. The reason as to UK is making an impact in this is because is among the super power nation in the union thus may trigger other small or major nation to depart too. Economic fall out to countries that are close in matters of trade with UK such as Germany, Netherlands and Belgium. The Ireland also is bound to suffer as its economy greatly has its dependence on the Union and due to this it will be exposed. Other economic worries fall under the reduction of budget such as Poland and the reduction of exports. The Euro currency which has gain power over the years in the global economy, worries lies if a major stakeholder is pulling out since this may be a fall out of the European Economy before it gets back to track. This then means the fall out of currency value in the market. Fishing is another concern since the pull out of UK may then mean it will no longer be part of the EU Common Fisheries Policy hence claiming back its rights over the fishing ground in its zone. RODRIGUES, N. C. (2017). This creates uncertainties among fishing communities along the coastal region of Europe that are a member state. The free movements of people in the Union will be change patterns. The immigration to UK may be curbed due to solitary state control affairs. The reduction of tourism and the moving back to home states from Britain. Spain poses its major concerns with its large number of its citizen sought for employment in Britain having to return to the country. The subject concern of the key influential union members in the union departing this will result to grave imbalance in the union. Those in the parliament, European council and commission inclusive of all the institution of the Union. This leaves the Union with a challenge of formulating make-up strategy to cover the gap left for the purpose of holding the union together if UK leaves. United Kingdom Departure Brexit is the UK vote to withdraw from the European Union effective in March 2019. The major highlight reasons from having the interest to withdraw include the troubling immigration rate into the country that has been brought about by free movements of members in the union. The referendum won as it was motivated that it will protect the country against terrorism. A nation sovereign power is limited under unitary form of governance since the decision made have to be in line with the tying unit of governance hence cannot make and implement full the state decision freely. The Disadvantage of withdrawal form EU 1. Legal disadvantage that UK may have to face is still abiding to the EU trade laws even as a sovereign state for it to participate in the European Free Trade Area and probably lose out being part of a large free trade Area if the negotiations didn’t work out on their favour. 2. The withdrawal will result to a cut out from the Erasmus programme that allow students to travel abroad for research and educational purposes. The grants that EU provide to scientific students to work out their research at a broader extreme in the member states. This will be a loss. 3. The cut political and authoritative say in the operations of the EU would no longer exist. This prevents the Defense of its interest against the decision and laws made by the Union. This is adverse since the geographic position of the country is in Europe 4. The country will have to face all the major restriction of no-member states of the union. They will have to uphold the standards set by the EU on products being brought to their market and they will pass through extensive checks unlike the free trade. A great example is the Animal Welfare Standards. 5. Millions of jobs lost in the UK as estimated to be three million that depend on the trade with the other member states. This comes in handy with weaken negotiation power with other states and the world. 6. The immigration law to be restricted by Britain will reduce cultural diversity, rotation of qualified personnel in the market and ability to outsource from wide variety. This will be a major cost since 34% of its finance was a contribution from the foreign citizens. Advantages of leaving the union UK may obtain. 1. The cost saving by no longer contributing to the Union budget rather use the finances to develop itself internally. The amount payable for membership will be cut which is estimated as 11% GDP of the country. 2. The country will regain its sovereignty to establish its own trade agreements and the removal of trade cost regulatory and UK can impose its own value. 3. The sovereignty regain will enable the country to manage its rate of immigration into and out of the country unlike the free movement set by the EU and the citizens of its member states. Conclusion. The EU federation structure, operation and history has to be revisited to know where it stand a chance for survival and uphold its goal objective in Europe after UK press on the issue to leave the union. The desire of Britain under Brexit to pull of the European Union has raised questions and many predictions brought to the table of what will be of the union and the third nation. The future of UK and EU relies basically on the negotiations agreement they will draw by 29th March 2019 and its implementation. References CRAIG, P. P., & DE BÚRCA, G. (2011). The evolution of EU law. Oxford, Oxford University Press. Top of Form CABRAL, N. D. C., GONÇALVES, J. R., & RODRIGUES, N. C. (2017). After Brexit: Consequences for the European Union. http://dx.doi.org/10.1007/-. MARTILL, B., & STAIGER, U. (2018). Brexit and beyond: rethinking the futures of Europe. http://public.eblib.com/choice/publicfullrecord.aspx?p=-.Bottom of Form LAURSEN, F. (2016). The EU's Lisbon Treaty: institutional choices and implementation. London, Routledge. http://www.tandfebooks.com/isbn/-. BLANKE, H.-J., & MANGIAMELI, S. (2013). The Treaty on European Union (TEU): a commentary. Heidelberg [etc.], Springer. KELEMEN, R. D. (2004). The rules of federalism: institutions and regulatory politics in the EU and beyond. Cambridge, Mass, Harvard University Press. http://public.eblib.com/choice/publicfullrecord.aspx?p=-.