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Foreign Affairs
Saving NATO from Europe
By Jeffrey L. Cimbalo
Jeffrey L. Cimbalo is a lawyer living in Alexandria, Virginia.
A Threat From Within
When the 263-page Treaty Establishing a Constitution for Europe was unveiled in June 2003, Washington said little, maintaining its decades-old stance of official neutrality regarding the progress of European integration. The significance of the proposed constitution, however, was not lost on Europeans. "This is crossing the Rubicon," Czech President Vaclav Klaus noted.
The proposed European federation is unprecedented: no democracy has ever merged with another to form such an entity. The constitution, which purports to integrate the 25 nations of the European Union, would create a new international actor with its own foreign minister and its own foreign policy. This development would have profound and troubling implications for the transatlantic alliance and for future U.S. influence in Europe. By structure and inclination, the new Europe would focus on aggrandizing EU power at the expense of NATO, the foundation of the transatlantic security relationship for more than half a century. In other words, it would seek to balance rather than complement U.S. power-an outcome for which the United States is wholly unprepared.
Washington's "hands off" policy on European integration was traditionally based on two assumptions: that, in the face of the Soviet threat, an integrated Europe would be a boon to NATO and Western democracy (it was) and that, as free nations, prospective EU member states are entitled to organize themselves any way they choose (they are). But the text and context of the proposed constitution should prompt U.S. policymakers to reconsider. The constitution's national security provisions signify that, for the first time, the NATO alliance faces a threat from within Europe itself. The political integration of the EU presents the greatest challenge to continuing U.S. influence in Europe since World War II, and U.S. policy must begin to adapt accordingly.
Constitutional Conventions
Not since the EU's founding in 1957 has the velocity of European integration been as high as it is today. European institutions are steadily and unambiguously expanding their power over the three pillars of EU policy: the common market, foreign and security policy, and justice and home affairs. With the addition of ten new members in May 2004, expansion has put significant stress on existing political institutions and accelerated efforts to create new ones.
The envisioned federal union would restrict the sovereignty of its member states to a considerable degree. The constitution provides that "the Union shall have legal personality," creating a new actor on the world stage, and that its actions "shall have primacy over the law of the Member States." The constitution also expands from 34 to 70 the spheres in which the EU may legislate by "qualified majority" (55 percent of member states representing at least 65 percent of total EU population) rather than unanimity. A legislative rule of unanimity, and the de facto veto each country enjoys as a result, would obtain only in matters of taxation, social security, most foreign policy, and the creation of a common defense force.
Nowhere is the supremacy of the EU over its member states more relevant to U.S. interests than . . .