Oxides are extraordinarily diverse in terms of stoichiometries
(the measurable relationship between reactants and chemical equations
of an equation or reaction) and in terms of the structures of each
stoichiometry. Most elements form oxides of more than one stoichiometry.
A well known example is carbon monoxide and carbon dioxide. This applies to binary
oxides, that is, compounds containing only oxide and another element.
Far more common than binary oxides are oxides of more complex
stoichiometries. Such complexity can arise by the introduction of other
cations (a positively charged ion, i.e. one that would be attracted to
the cathode in electrolysis) or other anions (a negatively charged ion).
Iron silicate, Fe2SiO4, the mineral fayalite,
is one of many examples of a ternary oxide. For many metal oxides, the
possibilities of polymorphism and nonstoichiometry exist as well.
The commercially important dioxides of titanium exists in three
distinct structures, for example. Many metal oxides exist in various
nonstoichiometric states. Many molecular oxides exist with diverse
ligands as well.
For simplicity sake, most of this article focuses on binary oxides.
Formation
Oxides
are associated with all elements except a few noble gases. The pathways
for the formation of this diverse family of compounds are
correspondingly numerous.
Metal oxides
Many
metal oxides arise by decomposition of other metal compounds, e.g.
carbonates, hydroxides, and nitrates. In the making of calcium oxide,
calcium carbonate (limestone) breaks down upon heating, releasing carbon
dioxide:
The reaction of elements with oxygen in air is a key step in corrosion
relevant to the commercial use of iron especially. Almost all elements
form oxides upon heating with oxygen atmosphere. For example, zinc
powder will burn in air to give zinc oxide:
The production of metals from ores often involves the production of
oxides by roasting (heating) metal sulfide minerals in air. In this way,
MoS2 (molybdenite) is converted to molybdenum trioxide, the precursor to virtually all molybdenum compounds:
Noble metals (such as gold and platinum) are prized because they resist direct chemical combination with oxygen.
Non-metal oxides
Important and prevalent nonmetal oxides are carbon dioxide and carbon monoxide.
These species form upon full or partial oxidation of carbon or
hydrocarbons. With a deficiency of oxygen, the monoxide is produced:
With excess oxygen, the dioxide is the product, the pathway proceeds by the intermediacy of carbon monoxide:
Elemental nitrogen (N2) is difficult to convert to oxides, but the combustion of ammonia gives nitric oxide, which further reacts with oxygen:
These reactions are practiced in the production of nitric acid, a commodity chemical.
The chemical produced on the largest scale industrially is sulfuric acid. It is produced by the oxidation of sulfur to sulfur dioxide, which is separately oxidized to sulfur trioxide:
Finally the trioxide is converted to sulfuric acid by a hydration reaction:
Structure
Oxides have a range of structures, from individual molecules to polymeric and crystalline
structures. At standard conditions, oxides may range from solids to
gases. Solid oxides of metals usually have polymeric structures at
ambient conditions.
Molecular oxides
Some important gaseous oxides
Carbon dioxide is the main product of fossil fuel combustion.
Carbon monoxide is the product of the incomplete combustion of carbon-based fuels and a precursor to many useful chemicals.
Nitrogen dioxide is a problematic pollutant from internal combustion engines.
Nitrous oxide ("laughing gas") is a potent greenhouse gas produced by soil bacteria.
Although most metal oxides are crystalline solids, some oxides are molecules. Examples of molecular oxides are carbon dioxide and carbon monoxide. All simple oxides of nitrogen are molecular, e.g., NO, N2O, NO2 and N2O4. Phosphorus pentoxide is a more complex molecular oxide with a deceptive name, the real formula being P4O10. Tetroxides are rare, with a few more common examples being iridium tetroxide, ruthenium tetroxide, osmium tetroxide, and xenon tetroxide.
Reduction of metal oxide to the metal is practiced on a large scale
in the production of some metals. Many metal oxides convert to metals
simply by heating, (see Thermal decomposition). For example, silver oxide decomposes at 200 °C:
Most often, however, metals oxides are reduced by a chemical reagent.
A common and cheap reducing agent is carbon in the form of coke. The most prominent example is that of iron ore smelting. Many reactions are involved, but the simplified equation is usually shown as:
Some metal oxides dissolve in the presence of reducing agents, which can include organic compounds. Reductive dissolution of ferric oxides is integral to geochemical phenomena such as the iron cycle.
Hydrolysis and dissolution
Because
the M-O bonds are typically strong, metal oxides tend to be insoluble
in solvents, though they may be attacked by aqueous acids and bases.
Dissolution of oxides often gives oxyanions. Adding aqueous base to P4O10 gives various phosphates. Adding aqueous base to MoO3 gives polyoxometalates. Oxycations are rarer, some examples being nitrosonium (NO+), vanadyl (VO2+), and uranyl (UO2+2). Of course many compounds are known with both oxides and other groups. In organic chemistry, these include ketones and many related carbonyl compounds. For the transition metals, many oxo complexes are known as well as oxyhalides.
Devolution differs from federalism
in that the devolved powers of the subnational authority may be
temporary and are reversible, ultimately residing with the central
government. Thus, the state remains de jureunitary. Legislation creating devolved parliaments or assemblies can be repealed or amended by central government in the same way as any statute. In federal systems, by contrast, sub-unit government is guaranteed in the constitution,
so the powers of the sub-units cannot be withdrawn unilaterally by the
central government (i.e. not without the process of constitutional
amendment). The sub-units therefore have a lower degree of protection
under devolution than under federalism.
Australia
Australia is a federation. It has six states and two territories with less power than states.
Territory legislation can be disallowed by the Commonwealth
Parliament in Canberra, with one notable example being the NT's
short-lived voluntary euthanasialegislation.
Canada
Although Canada
is a federal state, a large portion of its land mass in the north is
under the legislative jurisdiction of the federal government (called territories, as opposed to provinces). This has been the case since 1870. In 1870 the Rupert's Land and North-Western Territory Order effected the admission of Rupert's Land and the North-Western Territory to Canada, pursuant to section 146 of the Constitution Act, 1867 and the Rupert's Land Act, 1868. The Manitoba Act, 1870, which created Manitoba
out of part of Rupert's Land, also designated the remainder of both the
Northwest Territories (NWT), over which Parliament was to exercise full
legislative authority under the Constitution Act, 1871.
Yukon was carved from the Northwest Territories in 1898 but remained a territory. In 1905, the provinces of Alberta and Saskatchewan were carved from the Northwest Territories. Portions of Rupert's Land
were added to the provinces of Ontario and Quebec, extending those
provinces northward from their previous narrow band around the St.
Lawrence and lower Great Lakes. The District of Ungava
was a regional administrative district of Canada's Northwest
Territories from 1895 to 1912. The continental areas of said district
were transferred by the Parliament of Canada with the adoption of the Quebec Boundary Extension Act, 1898 and the Quebec Boundaries Extension Act, 1912.
The status of the interior of Labrador that was believed part of Ungava
was settled in 1927 by the British Judicial Committee of the Privy
Council, which ruled in favour of the Dominion of Newfoundland.
The offshore islands to the west and north of Quebec remained part of
the Northwest Territories until the creation of Nunavut in 1999.
Since the 1970s, the federal government has been transferring its
decision-making powers to territorial governments. This means greater
local control and accountability by northerners for decisions central to
the future of the territories. In 1999, the federal government created Nunavut
pursuant to a land claim agreement reached with Inuit, the indigenous
people of Canada's Eastern Arctic. Since that time, the federal
government has slowly devolved legislative jurisdiction to the
territories. Enabling the territories to become more self-sufficient and
prosperous and to play a stronger role in the Canadian federation is
considered a key component to development in Canada's North. Among the
three territories, devolution is most advanced in Yukon.
The Northwest Territories (NWT) was governed from Ottawa from 1870 until the 1970s, except for the brief period between 1898 and 1905 when it was governed by an elected assembly. The Carrothers Commission was established in April 1963 by the government of Lester B. Pearson
to examine the development of government in the NWT. It conducted
surveys of opinion in the NWT in 1965 and 1966 and reported in 1966.
Major recommendations included that the seat of government should be
located in the territory. Yellowknife
was selected as the territorial capital as a result. Transfer of many
responsibilities from the federal government was recommended and carried
out. This included responsibility for education, small business, public
works, social services and local government. Since the report, the
government of Northwest Territories has taken over responsibilities for
several other programs and services including the delivery of health
care, social services, education, administration of airports, and
forestry management. The legislative jurisdiction of the territorial
legislature is set out in section 16 of the Northwest Territories Act.
Now, the government of Canada is negotiating the transfer of the
Department of Aboriginal Affairs and Northern Development's remaining
provincial-type responsibilities in the NWT. These include the
legislative powers, programs and responsibilities for land and resources
associated with the department's Northern Affairs Program (NAP) with
respect to:
Powers to develop, conserve, manage, and regulate of surface and
subsurface natural resources in the NWT for mining and minerals
(including oil and gas) administration, water management, land
management and environmental management;
Powers to control and administer public land with the right to use, sell or otherwise dispose of such land; and
Powers to levy and collect resource royalties and other revenues from natural resources.
The Government of the Northwest Territories, the Aboriginal Summit
and the Government of Canada have each appointed a Chief Negotiator to
work on devolution. A Framework Agreement was concluded in 2004. The
target date for the completion of devolution talks for the NWT was March
2007. However, stumbling blocks associated with the transfer of current
federal employees to the territorial government, and the unresolved
issue of how much money the Northwest Territories will receive for its
resources has delayed the conclusion of a devolution agreement for the
NWT.
Nunavut
In 1966, the federal government established the Carruthers Commission
to look at the issue of government in the north. After extensive study
and consultation, the Commission concluded that division of the NWT was
probably both advisable and inevitable. There was a recognition that
Northerners wanted to run their own affairs and must be given the
opportunity to do so. At the same time, however, it noted that
governmental reform was required before this could happen. It
recommended the establishment of a new system of representative
government. As a result, in the late 1960s and 1970s, the federal
government gradually created electoral constituencies and transferred
many federally run programs to the territorial government. Northerners
took on more and more responsibility for the day-to-day running of their
own affairs. In 1982 a plebiscite
was held in the NWT asking the question, "Do you think the NWT should
be divided?" Fifty-three percent of eligible voters participated in the
plebiscite, with 56.4 percent of them voting "yes". Voter turnout and
support for division was particularly strong in the Eastern Arctic. The
Inuit population of the eastern section of the territory had become
increasingly receptive of the idea of self-government. It was viewed as
the best way to promote and protect their culture and traditions and
address their unique regional concerns.
Both the NWT Legislative Assembly and the federal government
accepted the idea of dividing the territory. The idea was viewed as an
important step towards enabling the Inuit,
and other residents of the Eastern Arctic, to take charge of their own
destiny. There were some reservations, however. Before action could be
taken, certain practical considerations had to be addressed. First of
all, outstanding land claims had to be settled. Second, all parties had
to agree on a new boundary. Finally, all parties had to agree on the
division of powers between territorial, regional and local levels of
government. The various governments and native groups worked closely
together to realize these goals. The Nunavut Land Claims Agreement
was ratified by the Inuit in November 1992, signed by the Prime
Minister of Canada on May 25, 1993, and passed by the Canadian
Parliament in June of the same year. It was the largest native land
claim settlement in Canadian history. It gave the Inuit title over
350,000 square kilometres of land. It also gave the Inuit capital
transfers from the federal government of over $1.1 billion over the next
14 years. This money will be held in trust with the interest to be used
in a variety of different projects, including financing for regional
businesses and scholarships for students. The Inuit also gained a share
of resource royalties, hunting rights and a greater role in managing the
land and protecting the environment. The land claims agreement also
committed the Government of Canada to recommend to Parliament
legislation to create a new territory in the eastern part of the
Northwest Territories.
While negotiations on a land claims settlement progressed, work
was also taking place to determine potential jurisdictional boundaries
for a new Eastern Territory. A proposal was presented to all NWT voters
in a May 1992 plebiscite. Of those voting, 54 percent supported the
proposed boundary. The Government of the Northwest Territories, the
Tungavik Federation of Nunavut (the Inuit claims organization) and the
federal government formally adopted the boundary for division in the
Nunavut Political Accord. The final piece of the equation fit into place
on June 10, 1993, when the Nunavut Act received Royal Assent. It
officially established the territory of Nunavut and provided a legal
framework for its government. It fixed April 1, 1999, as the day on
which the new territory would come into existence.
The government of Nunavut is currently negotiating with the government of Canada on a devolution agreement. Nunavut Tunngavik, the organization of Inuit of Nunavut, is also a participant to negotiations to ensure that Inuit interests are represented.
Devolution over natural resources to the government of Nunavut
moved forward with the appointment of a Ministerial Representative for
Nunavut Devolution. The Representative has held meetings with interested
parties including the Boards established under the Nunavut Land Claims Agreement
(NLCA), territorial and federal government departments in order to
determine if devolution will occur and if so the future mandate of
devolution. The government of Nunavut and Nunavut Tunngavik have
appointed negotiators.
Yukon
In 1896, prospectors discovered gold in Yukon, which prompted a massive gold rush that saw the population of Yukon grow very rapidly. By 1898, Dawson grew into the largest Canadian city west of Winnipeg, with a population of 40,000. In response, the Canadian government officially established the Yukon Territory in 1898. The North-West Mounted Police were sent in to ensure Canadian jurisdiction and the Yukon Act
provided for a commissioner to administer the territory. The 1898
statute granted the Commissioner in Council "the same powers to make
ordinances... as are possessed by the Lieutenant Governor of the
North-west Territories, acting by and with the advice and consent of the
Legislative Assembly thereof". In 1908 amendments to the Yukon Act transformed the Council into an elected body.
Over time the territorial government exercised expanded functions. Relevant developments include the following:
By the mid-1960s, schools, public works, welfare, and various
other matters of a local nature had come under territorial
administration.
Increased authority of elected Council members over the ensuing
period contributed to significant changes in the Yukon Commissioner's
role. In 1979, instructions from the Minister of Indian Affairs and Northern Development
(Minister) directed the Commissioner to allow elected members and the
Executive Council to make important policy decisions, specifying that
his/her actions should normally be based on the advice and taken with
the consent of the elected Executive Council.
As in the Northwest Territories, federal responsibilities were
transferred to the Yukon government in the 1980s. In 1988 the Minister
and the Yukon Government Leader signed a Memorandum of Understanding
committing the parties to smooth the progress of devolution of
remaining province-like responsibilities to the Yukon Government.
Responsibilities transferred since then include fisheries, mine safety,
intra-territorial roads, hospitals and community-health care,
oil-and-gas and, most recently, natural resources.
Discussion to transfer land- and resource-management responsibilities to the Yukon Government
began in 1996, followed by a formal federal devolution proposal to the
Yukon Government in January 1997. In September 1998 a Devolution
Protocol Accord to guide devolution negotiations was signed. On August
28, 2001, a final draft of the Devolution Transfer Agreement was
completed for consideration. The Yukon Devolution transfer Agreement was
concluded on October 29, 2001, with the Government of Canada enabling
the transfer of remaining province-like responsibilities for land, water
and resource management to the Government of Yukon on April 1, 2003.
Mexico
The Federal District
All constituent states of Mexico are fully autonomous and comprise a federation. The Federal District, originally integrated by Mexico City
and other municipalities, was created in 1824 to be the capital of the
federation. As such, it was governed directly by the central or federal
government and the president of Mexico
appointed its governor or executive regent. Even though the
municipalities within the Federal District were autonomous, their powers
were limited. In 1928, these municipalities were abolished and
transformed into non-autonomous delegaciones or boroughs and a "Central Department", later renamed as Mexico City. In 1970 this department was split into four new delegaciones, and Mexico City was constitutionally defined to be synonymous and coterminous with the entire Federal District. (As such, the boroughs of the Federal District are boroughs of Mexico City).
In the 1980s, the citizens of the Federal District, being the
most populated federal entity in Mexico, began to demand home rule: a
devolution of autonomy in order to directly elect their head of
government and to set up a Legislative Assembly. In 1987, an Assembly of
Representatives was created, by constitutional decree, whose members
were elected by popular vote. The devolution of the executive power was
not granted until 1997 when the first head of government was elected by popular vote. Finally, in 2000, power was devolved to the delegaciones, though limited: residents can now elect their own "heads of borough government" (jefes delegacionales, in Spanish), but the delegaciones do not have regulatory powers and are not constituted by a board of trustees, like the municipalities of the constituent states.
The autonomy, or home rule, of the Federal District, was granted
by the federal government, which in principle has the right to remove
it. The president of Mexico still holds the final word in some decisions
(e.g. he must approve some posts), and the Congress of the Union reviews the budget of the Federal District and sets the limit to its debt.
Some left-wing groups and political parties have advocated, since
the 1980s, for a full devolution of powers by transforming the Federal
District into the thirty-second constituent state of the Federation
(with the proposed name of "State of the Valley of Mexico", to be
distinguished from the state of México; another proposed name is "State of the Anahuac").
Indigenous peoples
In a recent amendment to the Constitution of Mexico, the country was defined as a "pluricultural nation" founded upon the "indigenous peoples".
They are granted "free-determination" to choose the social, economic,
cultural and political organization for which they are to elect
representatives democratically in whatever manner they see fit,
traditionally or otherwise, as long as women have the same opportunities
to participate in their social and political life. There are, however,
no prescribed limits to their territories, and they are still under the
jurisdiction of the municipalities and states in which they are located;
the indigenous peoples can elect representatives before the municipal
councils. In practice, they are allowed to have an autonomous form of
self-government, but they are still subject to the rights and
responsibilities set forth by the federal constitution and the
constitution of the states in which they are located.
In the late 1980s a process of decentralisation was undertaken by the French government.
Initially regions were created and elected regional assemblies set up.
Together with the departmental councils these bodies have responsibility
for infrastructure spending and maintenance (schools and highways) and
certain social spending. They collect revenues through property taxes
and various other taxes. In addition a large part of spending is
provided by direct grants to such authorities.
Under the "system of autonomies" (Spanish: Estado de las Autonomías), Spain has been quoted to be "remarkable for the extent of the powers peacefully devolved over the past 30 years"
and "an extraordinarily decentralised country", with the central
government accounting for just 18% of public spending; the regional
governments 38%, the local councils 13% and the social-security system
the rest.
In 2010 the Constitutional Court had ruled that non-binding
referendums could be held and subsequently several municipalities held
such referendums.
On December 12, 2013, the Catalan Government announced that a referendum
would be held on self-determination. The central government of Spain
considers that a binding referendum is unconstitutional and cannot be
held.
On October 1, 2017, the regional government held a referendum despite
having been declared illegal by the Spanish courts. Subsequently,
several leaders were arrested and imprisoned on charges of "sedition"
and "rebellion". The regional president fled to Brussels, but has so far
escaped extradition as those offenses are not part of Belgian law or
the European Arrest Warrant.
On December 21, 2017, fresh elections were held in which
pro-independence parties held a slim majority and a broad coalition of
constitutionalist parties expressed disappointment and concern for the
future.
A referendum was held in Scotland on 18 September 2014 which asked citizens whether Scotland should be an independent country. By a margin of approximately 55 percent to 45 percent, people living in Scotland rejected the proposal.
The leaders of the three largest British political parties pledged on
16 September 2014 a new devolution settlement for Scotland in the event
of a No vote, promising to deliver "faster, safer and better change", and as a result of this vote and promises made during the referendum campaign, British Prime Minister David Cameron announced plans to devolve additional powers to the Scottish government, the nature of which would be determined by the Smith Commission. These powers were subsequently transferred in the Scotland Act 2016. Following the outcome of the Brexit vote on 23 June 2016, calls for further devolution have been raised, including differential membership of the European single market for the devolved areas of the United Kingdom.
In the United States the federal government and state governments are
sovereign. As Native American tribes and the governments they formed
pre-date the formation of the United States, their legal position as
sovereigns co-exists alongside the individual states and the Federal
government. The Legal relationships with Native American
tribes and their government structures are the jurisdiction of
Congress. This relationship is unique to each of the more than 500
tribes and also involves International Treaties between various tribes
and Spain, Great Britain, and the eventual United States.
Territories are under the direct jurisdiction of Congress. Territorial
governments are thus devolved by acts of Congress. Political
subdivisions of a state, such as a county or municipality, are a type of
devolved government and are defined by individual state constitutions
and laws.
In the United States, the District of Columbia
offers an illustration of devolved government. The District is separate
from any state, and has its own elected government. In many ways, on a
day-to-day basis, it operates much like another state, with its own
laws, court system, Department of Motor Vehicles, public university, and
so on. However, the governments of the 50 states are reserved a broad
range of powers in the U.S. Constitution,
and most of their laws cannot be voided by any act of U.S. federal
government. The District of Columbia, by contrast, is constitutionally
under the sole control of the United States Congress,
which created the current District government by statute. Any law
passed by the District legislature can be nullified by congressional
action, and indeed the District government could be significantly
altered or eliminated by a simple majority vote in Congress.
A supranational union is a type of international organization
that is empowered to directly exercise some of the powers and functions
otherwise reserved to states.
A supranational organization involves a greater transfer of or
limitation of state sovereignty than other kinds of international
organizations.
Another method of decision-making in international organisations is intergovernmentalism in which state governments play a more prominent role.
Origin as a legal concept
After the dropping of atomic bombs on Hiroshima and Nagasaki in August 1945, Albert Einstein
spoke and wrote frequently in the late 1940s in favour of a
"supranational" organization to control all military forces except for
local police forces, including nuclear weapons. He thought this might
begin with the United States, the United Kingdom, and the Soviet Union,
and grow to encompass most other nations, presenting this as the only
way to avoid nuclear war. He broached the idea in the November 1945 and
November 1947 articles in The Atlantic Monthly
that described how the constitution of such an organization might be
written. In an April 1948 address at Carnegie Hall, he reiterated:
"There is only one path to peace and security: the path of supranational organization."
Thanks to his celebrity, Einstein's ideas on the subject generated much
discussion and controversy, but the proposal did not generate much
support in the West and the Soviet Union viewed it with hostility.
With its founding Statute of 1949 and its Convention of Human
Rights and Fundamental Freedoms, which came into force in 1953, the Council of Europe created a system based on human rights and the rule of law. Robert Schuman, French foreign minister, initiated the debate on supranational democracy in his speeches at the United Nations, at the signing of the council's Statutes and at a series of other speeches across Europe and North America.
The term "supranational" occurs in an international treaty for
the first time (twice) in the Treaty of Paris, 18 April 1951. This new
legal term defined the community method in creating the European Coal and Steel Community and the beginning of the democratic re-organisation of Europe. It defines the relationship between the High Authority or European Commission and the other four institutions. In the treaty, it relates to a new democratic and legal concept.
The Founding Fathers
of the European Community and the present European Union said that
supranationalism was the cornerstone of the governmental system. This
is enshrined in the Europe Declaration made on 18 April 1951, the same day as the European Founding Fathers signed the Treaty of Paris.
"By the signature of this Treaty, the participating Parties give proof of their determination to create the first supranational institution
and that thus they are laying the true foundation of an organised
Europe. This Europe remains open to all nations. We profoundly hope that
other nations will join us in our common endeavour."
This declaration of principles that included their judgement for the necessary future developments was signed by Konrad Adenauer (West Germany), Paul van Zeeland and Joseph Meurice (Belgium), Robert Schuman (France), Count Sforza (Italy), Joseph Bech (Luxembourg), and Dirk Stikker and Jan van den Brink
(The Netherlands). It was made to recall future generations to their
historic duty of uniting Europe based on liberty and democracy under the
rule of law. Thus, they viewed the creation of a wider and deeper
Europe as intimately bound to the healthy development of the
supranational or Community system.
A supranational union is a supranational polity which lies somewhere between a confederation that is an association of sovereign states and a federation that is a single sovereign state. The European Economic Community was described by its founder Robert Schuman as midway between confederalism which recognises the complete independence of states in an association and federalism which seeks to fuse them in a super-state.
The EU has supranational competences, but it possesses these
competences only to the extent that they are conferred on it by its
member states (Kompetenz-Kompetenz). Within the scope of these competences, the union exercises its powers in a sovereign manner, having its own legislative, executive, and judicial authorities.
The supranational Community also has a chamber for organised civil
society including economic and social associations and regional bodies.
The union has legal supremacy
over its member states only to the extent that its member state
governments have conferred competences on the union. It is up to the
individual governments to assure that they have full democratic backing
in each of the member states. The citizens of the member states, though
retaining their nationality and national citizenship, additionally become citizens of the union, as is the case with the European Union.
The European Union, the only clear example of a supranational union, has a parliament with legislative oversight, elected by its citizens.
To this extent, a supranational union like the European Union has
characteristics that are not entirely dissimilar to the characteristics
of a federal state like the United States of America. However, the differences in scale become apparent if one compares the United States federal budget with the budget of the European Union
(which amounts only to about one percent of combined GDP) or the size
of the federal civil service of the United States with the Civil Service of the European Union.
Supranationalism in the European Union
Historically the concept was introduced and made a concrete reality by Robert Schuman when the French Government agreed to the principle in the Schuman Declaration and accepted the Schuman Plan
confined to specific sectors of vital interest of peace and war. Thus
commenced the European Community system beginning with the European Coal and Steel Community.
The six founder States (France, Italy, West Germany, the Netherlands,
Belgium, Luxembourg) agreed on the goal: making "war not only
unthinkable but materially impossible". They agreed about the means:
putting the vital interests, namely coal and steel production, under a
common High Authority, subject to common democratic and legal
institutions. They agreed on the European rule of law and a new
democratic procedure.
The five institutions (besides the High Authority) were a
Consultative Committee (a chamber representing civil society interests
of enterprises, workers and consumers), a parliament, and a Council of
government ministers. A Court of Justice would decide disputes coming
from governments, public or private enterprises, consumer groups, any
other group interests or even an individual. A complaint could be lodged
in a local tribunal or national courts, where appropriate. Member
states have yet to fulfil and develop the articles in the Paris and Rome
treaties for full democracy in the European Parliament and other
institutions such as the Economic and Social Committee and the Committee
of Regions.
Schuman described supranational unions as a new stage in human
development. It contrasted with destructive nationalisms of the
nineteenth and twentieth centuries that began in a glorious patriotism
and ended in wars.
He traced the beginning concept of supranationality back to the
nineteenth century, such as the Postal Union, and the term supranational
is used around the time of the First World War. Democracy, which he
defined as "in the service of the people and acting in agreement with
it", was a fundamental part of a supranational community. However,
governments only began to hold direct elections to the European
Parliament in 1979, and then not according to the treaties. A single
electoral statute was specified in the treaty for Europe's first
community of coal and steel in 1951. Civil society (largely
non-political) was to have its own elected chamber in the Consultative
Committees specific to each Community as democratically agreed, but the
process was frozen (as were Europe's parliamentary elections) by Charles de Gaulle and other politicians who opposed the Community method.
Today supranationalism only exists in the two European
Communities inside the EU: the Economic Community (often called the
European Community although it does not legally cover all State
activities) and Euratom (the European Atomic Energy Community, a
non-proliferation community, in which certain potentialities have been
frozen or blocked). Supranational Communities provide powerful but
generally unexploited and innovatory means for democratic foreign
policy, by mobilising civil society to the democratically agreed goals
of the Community.
The first Community of Coal and Steel was agreed only for fifty
years. Opposition, mainly by enterprises which had to pay a small
European tax of less than 1% and government ministers in the council,
led to its democratic mandate not being renewed. Its jurisprudence and
heritage remains part of the European Community system.
De Gaulle attempted to turn the European Commission into a political secretariat under his control in the Fouchet Plan but this move was thwarted by such democrats in the Benelux countries as Paul-Henri Spaak, Joseph Luns and Joseph Bech as well as a large wave of other pro-Europeans in all the Community countries.
The supranational Community method came under attack, not only
from de Gaulle but also from other nationalists and Communists. In the
post-de Gaulle period, rather than holding pan-European elections under a
single statute as specified in all the treaties, governments held and
continue to hold separate national elections for the European
Parliament. These often favour the major parties and discriminate
against smaller, regional parties.
Rather than granting elections to organised civil society in the
consultative committees, governments created a three-pillar system under
the Amsterdam Treaty and Maastricht Treaty,
mixing intergovernmental and supranational systems. Two pillars
governing External policy and Justice and Home affairs are not subject
to the same democratic controls as the Community system.
In the Lisbon Treaty and the earlier nearly identical
Constitutional Treaty, the democratic independence of the five key
institutions is further blurred. This moves the project from full
democratic supranationalism in the direction of not just
intergovernmentalism but the politicisation of the institutions, and
control by two or three major party political organisations. The
Commission defines key legal aspects of the supranational system because
its members must be independent of commercial, labour, consumer,
political or lobby interests (Article 9 of the Paris Treaty). The
commission was to be composed of a small number of experienced
personalities, whose impartiality was beyond question. As such, the
early presidents of the Commission and the High Authority were strong defenders of European democracy against national, autocratic practice or the rule of the strong over the weak.
The idea in the Constitutional and Lisbon Treaties is to run the
European Commission as a political office. Governments would prefer to
have a national member in the commission, although this is
against the principle of supranational democracy. (The original concept
was that the commission should act as a single impartial college of
independent, experienced personalities having public confidence. One of
the Communities was defined in the treaty with a Commission with fewer
members than the number of its member states.) Thus, the members of the
commission are becoming predominantly party-political, and composed of
sometimes rejected, disgraced or unwanted national politicians.
The first president of the High Authority was Jean Monnet,
who never joined a political party, as was the case with most of the
other members of the Commissions. They came from diverse liberal
professions, having made recognised European contributions.
Governments also wish to retain the secrecy of their
deliberations in the Council of Ministers or the European Council, which
discusses matters of the most vital interest to European citizens.
While some institutions such as the European Parliament have their
debates open to the public, others such as the Council of Ministers and
numerous committees are not. Schuman wrote in his book, Pour l'Europe (For Europe),
that in a democratic supranational Community "the Councils, committees
and other organs should be placed under the control of public opinion
that was effectual without paralysing their activity nor useful
initiatives".
Categorising European supranationalism
Joseph H. H. Weiler, in his work The Dual Character of Supranationalism,
states that there are two main facets to European supranationalism,
although these seem to be true of many supranational systems. These are:
Normative supranationalism: The Relationships and hierarchy
which exist between Community policies and legal measures on one hand
and the competing policies and legal measures of the member states on
the other (the executive dimension)
Decisional supranationalism: The institutional framework and
decision making by which such measures are initiated, debated,
formulated, promulgated and, finally, executed (the legislative-judicial
dimension)
In many ways, the split sees the separation of powers confined to merely two branches.
Comparing the European Union and the United States
In the Lisbon Treaty,
the distribution of competences in various policy areas between member
states and the European Union is redistributed in three categories. In
19th century U.S., it had exclusive competences only. Competences not
explicitly listed belong to lower levels of governance.
EU exclusive competence
EU shared competence
EU supporting competence
U.S. exclusive competence
The
Union has exclusive competence to make directives and conclude
international agreements when provided for in a Union legislative act.
Member states cannot exercise competence in areas where the Union has done so.
The Union can carry out actions to support, co-ordinate or supplement member states' actions.
In a supranational union, the problem of how to reconcile the
principle of equality among nation states, which applies to
international (intergovernmental) organisations, and the principle of
equality among citizens, which applies within nation states
is resolved by taking a sectoral approach. This allows an innovatory,
democratic broadening the number of actors to be included. These are
present not only in the classical Parliament which has slightly
different functions but also in the Consultative Committees such as the European Economic and Social Committee and the Committee of the Regions
which the treaties give powers equivalent to parliaments in their own
areas but which are at present still developing their potential. In the
European Union, the Lisbon Treaty
mixes two principles (classical parliamentary government with a
politically elected government) and a supranational community with a
totally independent European Commission.
Governments are also trying to treat the Lisbon Treaty as a simple
classical treaty, or even an amendment to one, which does not require
citizens' support or democratic approval. The proposed Lisbon Treaty and
the earlier Constitutional draft still retain in the European Union
elements of a supranational union, as distinct from a federal state on
the lines of the United States of America. But this is at the expense of the democratic potentialities of a full supranational union as conceived in the first Community.
Other international organisations with some degree of integration
The only union generally recognised as having achieved the status of a supranational union is the European Union.
There are a number of other regional organisations
that, while not supranational unions, have adopted or intend to adopt
policies that may lead to a similar sort of integration in some
respects.
Benelux,
a political union of Belgium, The Netherlands, and Luxembourg. Though
part of the EU, EU treaties contain an exception that EU law is
subservient to Benelux integration.
Group of 77
(G77) is a coalition of 134 developing countries, designed to promote
its members' collective economic interests and create an enhanced joint
negotiating capacity in the United Nations. It was founded by
non-aligned states during the Cold War.