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Are We Really Governed By the EU? Sort of, But Not Really

Posted: 17/01/2013 00:00

One of the more depressing aspects of the debate about the UK's membership of the EU is the fact that very people actually seem to know what the EU is. This might sound odd. There's no shortage of 'opinion-formers', red-faced MPs, frothing Ukip tweeters, grave businessmen or gushing Guardian editorialists with a view on the EU. But few of them ever give the impression they could answer the simple question of 'what is the EU?'

The sceptics claim we are 'governed' or 'ruled' by the anti-democratic EU, that we are vassals of Brussels and oppressed subjects of some sort of insidious eurocracy. They are partly right but also glaringly wrong in many ways. The situation is, unsurprisingly, more complicated than Brussels being some sort of European Death Star and the EU being hell-bent on destroying the Magna Carta.

Equally culpable are the pro-camp, who rarely do much more than list all the wonderful things EU membership has brought us, avoiding the issue of how these wonderful things appeared. Tough environmental standards and rules on unruly bankers are wheeled out, for example, on a regular basis, despite the fact we would probably have legislated on these issues regardless. And then there are the more fluffy ideas around which they coalesce, such as free movement of people (but not for everyone) and 'global influence' (despite the fact the EU has no common foreign policy).

Underlying these claims is a clear lack of understanding of how the EU works and, therefore, what the actually EU is.

In simple terms, i.e. according to Wikipedia, "the EU operates through a system of supranational independent institutions and intergovernmental negotiated decisions by the member states." Even Wikipedia doesn't seem able to say what the EU is, except that it is the outcome of processes led by sovereign nation-states, not an entity that we can insult or worship.

The EU is best seen as a product of 27 different countries (the intergovernmental part in the above definition) coming together to pool sovereignty and work together (the negotiated decisions part) because they believe it better to standardise regulation and coordinate policy than go it alone.

The sceptics will cry that this is wrong, that the Commission is deadset on eliminating national borders, national identities and national democracies in pursuit of a dream of a United States of Europe.

Not so.

The entire European legislative process, from the development of an idea for a European law to the implementation of that law by Manchester City Council, has been set up to avoid this. This may change due to the so-called 'remorseless logic of the ever closer union' for the eurozone. But right now, under the Lisbon Treaty, there are enough checks and balances built into the system to ensure that things happen at an almost imperceptibly slow place.

The sceptics will cry that this process is anti-democratic, amoral and opaque, that the UK is oppressed and crushed by the bureaucratic machine of Brussels. In some ways yes, but not in the simplistic manner they would have the British public believe.

In a nutshell, this is how the EU develops and implements law. The Commission, which is something like the British civil service, comes up with an idea for law in a policy area that it has been given permission to work on by the member states.

Having published the draft law, the European Parliament (directly elected representatives from across Europe) and the European Council, made up of member state governments, each independently play around with the law and change it as they see fit. Once both parties have agreed how they want to change it, they then reach an agreement between each other, and out pops a European law.

There are two types of European law, a directive and a regulation. A directive indicates that, once agreed by the parliament and the council, it is then sent to each member state to be implemented by national governments. The directives are interpreted by Westminster civil servants, in consultation with affected parties, and then made law. Regulations are implemented as they are, so are by their nature more strict and tougher to change.

Even Wikipedia's description of "supranational independent institutions" is a simplification. The Commission, bound by the Treaties and required by law to protect the rights of the member states, can do nothing without the agreement of the member states. The pan European regulators and quangos, which especially vex the Daily Mail, are often populated by representatives from national regulators, including, surprisingly, the UK.

We are not in the United States of America. There is no federal European government (at the moment) British civil servants are embedded in each and every stage of the legislative process. It is the UK government which implements and enforces most EU legislation, often far more rigorously than the rest of Europe.

What then is the problem?

The above European systems are based on compromise, alliance-building and reasoned discussion, where possible. The UK's political institutions are fundamentally different, they are adversarial. You need only glance at prime minister's question time in Westminster or read some of the bile spewed forth by Labour about the coalition to see this. The coalition government is uncomfortably in place, the idea of a cross party consensus completely foreign, in stark contrast to our continental neighbours. Little wonder we struggle to get our heads round the Brussels' legislative process.

The horrifying ignorance that politicians, journalists and media monkeys across the political spectrum display on a daily basis is also a factor. No one can be blamed for the depth to which the 'debate' about Europe in the UK has sunk. It is a complex, unusual political system so when you combine an embedded revulsion at the idea of teaching children about Europe, you end up with widespread incomprehension. Hardly surprising we don't vote for members of the European Parliament and think Ukip's approach to diplomacy, i.e. blow up every bridge they can find, is a good one.

The most concerning aspect of the ever worsening relationship the UK has with the rest of the member states, since it is they who make up the EU, is that it is self-fulfilling. Decisions that affect each and everyone of us are made on a daily basis in Brussels, by British people working with other Europeans. However those Brits who are participating in the compromise-finding process can only do so if the UK is not seen to be on an 'out' trajectory. When our political elites pander to Ukip and the propaganda sheets of the Daily Mail, we undermine our image in the rest of Europe.

The worse the outcome of a compromise, the more ammunition is given to the sceptic camp. Ukip, for all their bravado, are doing a shocking job of fighting for British interests in Brussels. But their inactivity makes the situation worse for the UK, which ultimately strengthens their case. I'm not sure this is an intended strategy, but it certainly is working. If the Tories lose out to them in the next Euro elections, the UK will go from being one of the most influential group of MEPs after Germany's to a complete waste of space.

Unfortunately a referendum seems almost inevitable now given how the British media has spun the debate and how the political class has lost control of the European agenda. This is incredibly worrying because if the debate continues as it is, i.e. full of hyperbole, misinformation and a basic ignorance about what the EU actually is, the outcome will be one based on emotion, not a rational assessment of what's best of our country.

 
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One of the more depressing aspects of the debate about the UK's membership of the EU is the fact that very people actually seem to know what the EU is. This might sound odd. There's no shortage of 'op...
One of the more depressing aspects of the debate about the UK's membership of the EU is the fact that very people actually seem to know what the EU is. This might sound odd. There's no shortage of 'op...
 
 
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HUFFPOST SUPER USER
Ben Wilson
What's the story mourning Tories?
05:13 PM on 01/22/2013
I must add that UKIP and the like are an outstanding weapon against insane complexity and the Ivory tower that sits between Brussels and the European people. Anarchaic parties as people will come to learn are the perfect carrot on a stick to get things done. Threaten Europes priviledge and I think we will be amazed at the efforts they go to in order to win us back over, although if history is anything to go by it will be 3rd time lucky. We must hit them hard to make them work, crack the whip!
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Ben Wilson
What's the story mourning Tories?
04:52 PM on 01/22/2013
When Europe can be explained in a concise and universally understood paragraph I'll rediscover my pro-Eu stripes. Anything worth saying can be said simply. Europe is not simple, it's too complicated for anyone to be expected to even spend the time trying to understand. Europe makes you feel stupid and that's a very volitile thing to have imposed upon voters.
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barrysturn
Ut Veniant Omnes
10:56 PM on 01/18/2013
Harry is right. Most of the people who post Eurosceptic rants on these posts have not got the faintest idea what they are talking about. Some of the commentary against the EU is reasonable criticism, most of it uneducated, xenophobic and even racist ranting.

It is a good job that the only parties who are ever likely to form governments in the UK largely ignore these views, or occasionally pander to them with false hopes of a referendum.
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mediumal57
Moderate Extremist
01:16 PM on 01/18/2013
All very reasonably argued. However, it points out the one salient problem, that I have with the whole of Britain's membership of this club. We are politically different. Our approach to doing politics is different. The economic argument to belonging to this club is of course spurious. It costs us dearly.

But let's get back to the emotion. I just don't want to belong to this process. All the social and welfare legislation that we are currently signed up to we could have indeed have enacted in part for ourselves in the past.

As for trade. This would still go on. Europe couldn't ignore us and any attempt by them to put up restrictive barriers could be met reciprocally. We are suffocating as a nation in this EU. It's making us ill as a country psychologically. We are also depressingly resigned to being second rate. Basically this country has all but run out of gumption and seems to be on a course of just becoming a provincial extension to an ever more powerful and intrusive power-block on the Continent.
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HUFFPOST SUPER USER
barrysturn
Ut Veniant Omnes
10:25 PM on 01/18/2013
We could indeed have enacted this social and welfare legislation...I wonder why we didn't?
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mediumal57
Moderate Extremist
01:17 AM on 01/19/2013
Too many Tory Governments
11:02 AM on 01/18/2013
So if we don't want to give rapists, paedophiles,drug smugglers, granny bashers etc the vote,, then we don't have to ..is that right Harry, the will of the people will govern what we do...

Oh and we also after approaching 40 years of membership have a level across the board market, where it does not benefit any member to set up in another state to avoid , say corporation tax.. a true Common Market .adopting the highest standards across the board.

Harry go and advise Europe they have a few things to sort out, and Harry I've friends in assorted countries and guess what... actually from what I get told, there is no entente cordial, they all have a down on Europe, its not just us.

So Harry ,get lost.
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barrysturn
Ut Veniant Omnes
10:51 AM on 01/18/2013
We should break up the EU and the UK. If it is not right that British people are ruled from Brussel's then it is not right they are ruled from London. Why should the residents of Lincolnshire be ruled by the Westminster government. We want an In/Out referendum now on leaving the UK.
10:18 AM on 01/18/2013
Harry, as adviser in the European Parliament, is probably on the EU gravy train, large expense account etc? He is also far too young to remember life in the UK before we joined the EU. People here are suffering from being in the EU, we are over run by EU nationals, clogging up our housing, transport, doctors surgeries, hospitals etc etc.
Before we joined life was much better in the UK, meat, cheese, butter from New Zealand, and Australia, fruit from the caribbean, no pushing and shoving on public transport, people were more friendly, life was more fun.
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carneliancrystal
Do I believe all the propaganda of course I do
02:39 PM on 01/17/2013
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GavinSaunders
Bollox.
01:50 PM on 01/17/2013
Since we're irreductably linked financially to Europe and the rest of the world,would it make much difference?Could it be "Freedom"in name only,just another cheap trick to gain votes?
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Philip J Sparrow
When your work speaks for itself, keep quiet
01:41 PM on 01/17/2013
"Tough environmental standards and rules on unruly bankers are wheeled out, for example, on a regular basis, despite the fact we would probably have legislated on these issues regardless."

I have to disagree, I don't see any evidence that the current government intends to restore regulation to the banking sector; after all, the Tories still get over half of their funding from the City.
12:29 PM on 01/17/2013
Great article. Finally containing some facts about how the EU works.
Granted it still misses some large worry areas including American style lobbying for example.
10:53 AM on 01/17/2013
"the outcome will be one based on emotion, not a rational assessment" - why should this be a surprise? Perception will always trump reality in politics, as it does in many things I'm very sad to say. The pro-Europeans - among whom I count myself - have to get better at the game of marketing the EU, or the result will be an exit for the UK which I do not believe will be in our - or their - best interests.
09:58 AM on 01/17/2013
Judging by the photograph you're in your twenties and completely brainwashed by the spin that the EU "Is good for us", beyond the South East of this country it hasn't been, every treaty since the initial referendum of in/out has eroded more of our rights, the democratic process and we're still denied those rights. This is the issue on the EU and whether its good for us or not this issue will only be resolved by the people of this country and not its politicians denying our rights. It was promoted by the Tories initially as a free trading agreement/market to allow businesses to skip red tape between borders, no-one agreed to political decisions regarding our sovereignty and thats where the buck stops.
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jacksdad41
Quant Je Puis
12:01 PM on 01/17/2013
Well said @sickof - but I think my first question would be Harry who? What do you do? What do you contribute tangibly? My tax pounds are being spent on someone who I have absolutely no idea of what he does other than write a blog on the Huff informing me what I should think. Bit too much of that going on in the EU for my liking - enough to say no more thank you Harry.
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Philip J Sparrow
When your work speaks for itself, keep quiet
01:38 PM on 01/17/2013
Judging by your comment, you've been brainwashed by right-wing media outlets and drunken Tory backbenchers - since clearly you have no actual facts on your side.
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carneliancrystal
Do I believe all the propaganda of course I do
02:48 PM on 01/17/2013
Judging by your comment, Philip J Sparrow you've been brainwashed by mandlson, heseltine, clarke, cleggy and the like - since clearly you have no actual facts on your side.
08:53 PM on 01/16/2013
The biggest impact that the EU has made is to massively increase the population of this country - the secondary effects of this are:-

1) an over supply of unskilled labour in this country causing high unemployment among the poor working class and the associated welfare costs on the already overburdened taxpayers

2) housing shortage - high rental costs are driving up the cost of living, especially for the poorest - this also pushes up the housing benefit claims further burdening taxpayers.

3) the hospitals and schools weren't built to accomodate the new arrivals so the quality of healthcare and education has gone down.

A pity there wasn't more thought put into the EU open border policy. Germany has only just opened its borders up to eastern europe (last year I believe) so their mass immigration problem has only just started whereas we've already had a decade of it.
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Philip J Sparrow
When your work speaks for itself, keep quiet
01:40 PM on 01/17/2013
You haven't provided any stats or actual facts; and you are confusing causes and effects.
07:21 PM on 01/16/2013
I find this article to be misleading. The original intent of the EU is to form a European entity capable of competing with the US economically. During the forming of the EU, many promoters were open about the eventual forming of a united states of europe, eliminating the individual nationalities for the benefits of "one state". Much of the "offending" proposals were walked back after the referendums failed in many potential EU members states. The UK was one of those. The EU truly won't be effective unless the pro EU folks somehow talk the populations of individual member states into giving up their sovereignty. The preferred method appears to be the old adage about boiling a frog. If you drop a frog in boiling water, he will jump out, but if you put him in cold water and slowly turn the heat up, you will get him before he realizes it. It has worked here with the patriot act, right to work, pension envy and supply side economics.